MY NAME is Mary Phagan-Kean and I am the great-niece and namesake of “Little Mary Phagan,” the thirteen-year-old girl who was raped and murdered by Leo Max Frank, the president of Atlanta’s B’nai B’rith Lodge No. 144, on April 26, 1913.
Leo Frank was the manager of the National Pencil Company — a sweatshop factory where over a hundred children labored, and where the Sam Nunn federal building stands today. Little Mary Phagan was 12 years old when she started working there in 1912, and Frank admitted he was the last person to see Mary alive.
In fact, the evidence of his guilt was overwhelming and on August 25, 1913, after a month-long trial in the Fulton County Superior Court, Leo Frank was found guilty by a jury of his peers, and on the next day, he was sentenced to hang for the murder of Mary Phagan.
What followed was an unprecedented effort by Leo Frank and his legal team and supporters to pin this horrific crime on everyone but himself. It is an effort that continues to this very day. The Leo Frank case is no “cold case.” It is obvious to anyone who objectively considers the case evidence that Leo Frank was rightly convicted for this heinous crime.
Today, his supporters have targeted a black man named James Conley who worked as a janitor at the factory. Evidence shows that after Frank beat and strangled Mary he was unable to move the body. He called on Conley and ordered him to help him conceal the crime and swore him to secrecy. After initially concealing Frank’s crime Conley ultimately revealed to authorities the true events of that day. The detail he gave was so shocking and so convincing that he became the state’s star witness against Leo Frank. Frank and his legal team’s response was to accuse Conley of the murder, and that has been their story for a century.
But Mary’s killer was not James Conley, and the state of Georgia proved beyond any reasonable doubt that Leo Frank alone murdered Little Mary Phagan.
The Phagan family has no objection to anyone expressing their opinions about the Leo Frank case, but we do insist that organizations and personal campaigns not distort the truth and facts to use this case for their own political purposes. For over 100 years, each passing decade brought with it dubious revelations of “new historical evidence” falsely claiming to exonerate Leo Frank. The Phagan family has stated since 1982 that if there were clear-cut evidence to clear Leo Frank of this heinous crime, we would be the first to ask for an exoneration. However, such historical evidence has never come to light. Rather, there are considerable data, extensive documentation, revealing archival material, and legal, court, and government records that only support and even strengthen the guilty verdict.
Phagan Family’s Statement on the Latest Attempt to Exonerate Leo Frank
It was reported in the Atlanta Journal and Constitution that on April 26, 2019 [ironically 106 years to the day after Mary Phagan’s murder] that the Fulton County District Attorney Paul Howard [defeated by Fani Willis on November 6, 2020] had established a “Conviction Integrity Unit” that he said would review the Leo Frank conviction of 1913. Those named as participants in this move were the following:
Former Governor Roy Barnes Rabbi Steven Lebow Attorney Dale Schwartz Melissa D. Redmon, director of the University of Georgia Law School Former Supreme Court Justice Leah Ward Sears Former Court Chief Justice Norman Fletcher Former Cobb County Superior Court Chief Judge J. Stephen Schuster Assistant District Attorney Van Pearlberg
The Family of Mary Phagan believes that these individuals have colluded since August of 2018 to find a way to vacate the murder conviction. ADL attorney Dale Schwartz was quoted thus: “we’re still trying to get a new trial that would, in effect, exonerate him.” [In 1914, several attempts were made to “exonerate” Leo Frank using “new evidence” that included witness affidavits later found to have been forged or obtained by bribery and other illegal means. See the Atlanta Constitution of May 5, 1914, p. 1.]
Clearly, the new agency was a blatantly political scheme that had nothing to do with justice. It was set up, it appears, at the behest of the above-mentioned Frank advocates for one purpose only — to help Leo Frank escape culpability for his crime. According to the Atlanta Journal-Constitution (May 7, 2019), Fulton County D.A. Paul Howard stated, “The Frank Case helped inspire the creation of the new unit” and that former Gov. Roy Barnes “will serve as a consultant.” Barnes admitted that he “had lobbied the district attorney [Howard] to re-examine Frank’s case.”
Let us be clear what that means. Those statements alone convince us that the Conviction Integrity Unit has already determined the outcome of the Leo Frank case. According to the article, “Barnes said he is convinced that this will happen. ‘There is no doubt in my mind, and we’ll [Who is “we?” — Ed.] prove it at the appropriate time, that Frank was not guilty.’”
For years Roy Barnes has been promoting a fraudulent narrative about the Frank case, and in particular that the 1913 trial was illegitimate because it was “mob-dominated.” He said that “there were just mobs of people. And as the jury would go [to] the courthouse every day, the mob would scream, “Hang the Jew or we’ll hang you!”[1]
This charge is a blatant lie that has been disproven by the scholars of the case. It was made up long after the trial by an overzealous writer trying to make a name for himself. Only Barnes continues to repeat it.[2] For this and many other reasons Governor Roy Barnes is simply unfit to participate in any serious inquiry into the Leo Frank case.
Fulton County District Attorney Paul Howard (with former Governor Roy Barnes) announces “Conviction Integrity Unit” to re-open Leo Frank case. Atlanta Journal-Constitution, May 7, 2019. Once again, most advocates and so-called experts who determine Leo Frank is not guilty have relied on blatantly false information and politically biased propaganda. Frank’s conviction was upheld by thirteen separate courts and judges in his thirteen appeals from Fulton County to the United States Supreme Court. Every court affirmed the trial was fair and the jury was not “mob terrorized.”
What’s more, driven by the need to exonerate a Jewish leader, they intend to convict an innocent African American man, James Conley — Frank’s employee that he ordered to help move the body. They ignore the 20 young girls and women who testified under oath that Frank sexually harassed them at the factory. Frank’s attorneys refused to cross-examine ANY of them, and later admitted that they were all telling the truth.[3]
Nonetheless, Frank’s advocates spread fabrications, propagandize falsehoods, distort the facts and change headlines of original newspapers to promote the hoax of not guilty. The real miscarriage of justice is that in this time of the #MeToo movement, they seek to override a duly convicted child rapist and murderer’s conviction.
The Evidence Points to Leo Frank’s Guilt
Most people are not aware that there was blood and hair evidence at the murder scene, that Frank changed his alibi several times and lied to police, and that he sexually harassed his young girl employees. Most people are unaware that Leo Frank hired private detectives who planted evidence and bribed and intimidated witnesses to change their testimony. They even hatched a plot to murder the African American James Conley who became a key witness against Leo Frank.[4]
Most people are not aware that the two detective firms Leo Frank hired; the Pinkertons’ National Detective Agency and the Burns Detective Agency concluded Leo Frank was guilty of the murder!
At his own trial Leo Frank refused to be sworn on the Bible and be cross-examined. A lot has been covered up about the case, including Leo Frank playing the race card to play to the white jurors’ prejudices about black men.
In 1915 and under intense political pressure Gov. John M. Slaton commuted Frank’s death sentence to life imprisonment. But even as he signed that commutation order he also wrote that the U.S. Supreme Court “found in the trial no error in law” and had “correctly in my judgment [found] that there was sufficient evidence to sustain the verdict.”
The fact is that Leo M. Frank was found guilty under Georgia law with facts and evidence, not with political bullying. The good people of Georgia can make up their own minds about Leo Frank’s innocence or guilt by delving into the historical records themselves. Having researched the Leo Frank/Mary Phagan murder case, including spending thousands of hours examining court records, newspaper reports, and private and public archives, I ask you to please consider the following facts:
Sexual harassment by Leo Frank: the Harvey Weinstein of his era
On Saturday April 26, 1913, Leo Frank used the opportunity of a deserted factory and his power as the company boss to lure Little Mary Phagan to a back area of the factory and attempt to rape her. Mary resisted and, and in the struggle Frank struck her and knocked her unconscious, and then strangled her to death. He left a trail of clues leading to himself, so within a few days of the murder he was arrested.
Evidence showed that the murder was sexually motivated, and many of Leo Frank’s own female employees testified to Leo Frank’s history of sexual harassment. They testified that he “got too familiar,” “put his hands on” them, tried to corner them, and proposed sexual acts to them for money.
These teenagers bravely took the witness stand and spoke of Leo Frank’s lewd behavior. Sixteen-year-old Nellie Wood told the court how Frank had pushed himself against her and touched her breast. Fourteen-year-old Nellie Pettis—a witness for the defense—recounted how Leo Frank had propositioned her for sex. Twenty girls in all gave similar testimony about Frank’s improprieties. Several male employees described how they had witnessed Leo Frank “rub up against” young female workers “a little too much.” The testimony was so explicit that the judge had to clear the courtroom of women.
The defense attorneys did not even attempt to cross-examine any of the girls who testified at trial about Leo Frank’s lewd behavior. Instead, Leo Frank’s lawyers argued that his improper behavior was not wrong—that it was a sign of more liberal times! One even said in his closing argument, “Deliver me from one of these prudish fellows that never looks at a girl and never puts his hands on her…”
In the South the LOVE of Jews reigned supreme — not anti-Semitism!
“Anti-Semitism is absolutely not the reason for this libel that has been framed against me. It isn’t the source nor the result of this sad story.” — Leo M. Frank, interviewed by Abraham Cahan of the Forward newspaper
Most people are unaware that the prosecutor Hugh Dorsey first brought his case against Leo Frank before a 23-member grand jury that included five prominent members of the Jewish community (including at least two from Frank’s own synagogue), and all the grand jurors signed the bill of indictment against Leo Frank.
The trial judge, Leonard Roan, was once a law partner of one of Frank’s defense attorneys, Luther Rosser and, according to a confidential ADL memo: “In general, the rulings of the trial Judge had been favorable to the defense.” Leo Frank’s defense attorney even declared after the trial: “[W]e do not make the least criticism of Judge Roan, who presided [over the trial]. Judge Roan is one of the best men in Georgia and is an able and conscientious judge.”
The false claims of anti-Semitism before, during, and after the trial of Leo Frank are simply unfounded and untrue. The detailed daily accounts by the three Atlanta newspapers — the Constitution, the Georgian, and the Journal, each of which had Jewish editors — reflected no anti-Jewish bias at all. Leo Frank’s religion is only alluded to when it is reported that he is the president of ‘B’nai B’rith, and he is written of with the utmost respect for his prominence in the community. In fact, a University of Georgia study showed that the reportage by Atlanta’s three dailies was openly pro-Leo Frank and exhibited a pronounced pro-Frank bias.
Author Steve Oney, listed by the Anti-Defamation League as an expert on the Leo Frank case, reported: “To the extent that there was bias in the coverage, it was mostly in Frank’s favor…” He goes on to state that Atlanta’s newspapers, “evincing the prejudices of the time, ridiculed the state’s star witness—a black factory janitor named Jim Conley…”
It has been claimed that “anti-Semitism” and the “hatred of Jews” motivated Leo Frank’s conviction and lynching. And yet, incredibly, there was no anti-Semitism expressed by police, detectives, prosecutors, jurors, judge, or reporters! There was no “prejudicial trial” or “mob rule” or anti-Jewish bigotry of any kind.
Mr. Oney refutes the claim that there were anti-Semitic mobs shouting “Hang the Jew!” He told the Jewish Journal:
“[I]t didn’t happen. It was something that someone wrote a couple [of] years after the crime, and then it got stuck into subsequent recountings of the story….Jews were accepted in the city, and the record does not substantiate subsequent reports that the crowd outside the courtroom shouted at the jurors: ‘Hang the Jew or we’ll hang you.’” Though there is no record of “anti-Semitism” on the part of the crowd, the courtroom audience, the press, or the prosecutors, that doesn’t mean it was non-existent. As the evidence of his guilt became overwhelming, Leo Frank and his lawyers tried desperately to insert “anti-Semitism” into the trial as a diversionary tactic. They actually staged a courtroom confrontation with a prosecution witness over his alleged previous “anti-Semitic” statements. This officially brought “anti-Semitism” into the trial for the first time. Turns out that witness was working for the Leo Frank defense and was planted to promote their “anti-Semitism” agenda. It was yet another trick by the Leo Frank defense to undermine the court proceeding and to neutralize the evidence of his guilt.
The ADL has been promoting a lie for over a century!
“HANG THE JEW, HANG THE JEW” is what the Anti-Defamation League says was chanted during the month-long trial, but its own expert Steve Oney says it NEVER OCCURRED!
According to Steve Oney, at the time of Mary Phagan’s murder, “Atlanta was a philo-Semitic city. Its assimilated, German-Jewish elite were part of the financial and legal power structure…” Gov. John Slaton in his commutation order also addressed the false claim of an “anti-Semitic mob” surrounding the courtroom pressing to lynch Leo Frank: “No such attack was made and…none was contemplated.” Gov. John Slaton countered the false claim of an “anti-Semitic” atmosphere by reminding Leo Frank supporters that Jews were highly respected and appreciated in Georgia because they had been “conspicuous” contributors to the history and development of the state.[5]
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