Monday, Aug. 30, 1982

Racist's Victory

The Jordan case is closed

Joseph Paul Franklin, 32, rarely has much to smile about. The self-proclaimed racist lives in virtual solitary confinement at the federal penitentiary in Marion, Ill., serving life terms for the 1980 slaying of two black joggers in Salt Lake City. Earlier this year, he says, he was stabbed 15 times by six black prisoners. But last week in a federal courtroom in South Bend, Ind., Franklin smiled at jurors and flashed a V-for-victory sign. They had just found him not guilty of violating the civil rights of former National Urban League President Vernon Jordan, who was wounded by rifle shots two years ago outside a Fort Wayne, Ind., hotel.

State prosecutors were hesitant about charging him with attempted murder based on the evidence they had. Justice Department lawyers, however, thought the evidence was there for a civil rights criminal case. They relied heavily on three of Franklin's jailmates, who testified that he had boasted about the shooting. But because it was a civil rights case, the jury had to be convinced not only that Franklin, who is blind in one eye, was the gunman but that he had shot Jordan because he was black. Now both federal and state prosecutors consider the case effectively closed. Apparently they believe that Franklin did it, even if that cannot be proved to a jury. Despite last week's outcome, the former American Nazi has not seen his last courtroom. He still faces trial for four murders in Indianapolis and Oklahoma City.

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