British Pathé Road Manners (1964)

The Seekers - I'll Never Find Another You

Marianne Faithfull - As Tears Go By

Radio Times

 

The death of Sam Cooke

The singer and songwriter Sam Cooke (b January 22, 1931) was shot and killed on December 11, 1964, at the Hacienda Motel at 91st and South Figueroa streets in South Central Los Angeles. Answering separate reports of a shooting and a kidnapping at the motel, police found Cooke's body. He had sustained a gunshot wound to the chest, which was later determined to have pierced his heart.

The motel's manager, Bertha Franklin, said she shot Cooke in self-defence. Her account was immediately disputed by Cooke's acquaintances. The motel's owner, Evelyn Carr, said that she had been on the telephone with Franklin at the time of the incident. Carr said she overheard Cooke's intrusion and the ensuing conflict and gunshot, and called the police.

The police record states that Franklin fatally shot Cooke, who had checked in earlier that evening. Franklin said Cooke had banged on the door of her office, shouting "Where's the girl?!", in reference to Elisa Boyer, a woman who had accompanied Cooke to the motel, and who had called the police that night from a telephone booth near the motel minutes before Carr had.

Franklin shouted back that there was no one in her office except herself, but an enraged Cooke did not believe her and forced his way into the office, naked except for one shoe and a sport jacket. He grabbed her, demanding again to know the woman's whereabouts. According to Franklin, she grappled with Cooke, the two of them fell to the floor, and she then got up and ran to retrieve a gun. Franklin said that she then fired at Cooke in self-defencce because she feared for her life. He was struck once in the torso. According to Franklin, Cooke exclaimed, "Lady, you shot me", in a tone that expressed perplexity rather than anger, before advancing on her again. Franklin said she hit him on the head with a broomstick before Cooke finally fell to the floor and died. A coroner's inquest was convened to investigate the incident.

Boyer told the police that she had first met Cooke earlier that night and had spent the evening in his company. Boyer said that after they left a local nightclub together, she had repeatedly requested that he take her home, but it appeared Cooke was intoxicated and drove her against her will to a place to have sex. As they sped down Harbor Freeway, Boyer noted they had passed a number of hotels and motor courts.

Cooke ended up at the Hacienda Motel, a black-owned business in south central LA. Boyer noted Cooke's familiarity with the layout as if he had been a repeat customer. She said that once in one of the motel's rooms, Cooke physically forced her onto the bed, and then stripped Boyer to her panties. She said she was sure he was going to rape her. Cooke allowed her to use the bathroom, from which she attempted an escape but found that the window was firmly shut. According to Boyer, she returned to the main room, where Cooke continued to molest her. When he went to use the bathroom, Boyer quickly grabbed her clothes and ran from the room. She said that in her haste, she had also scooped up most of Cooke's clothing by mistake.

Boyer said she ran first to the manager's office and knocked on the door seeking help. However, she said that the manager took too long to respond, so, fearing Cooke would soon be coming after her, she fled from the motel before the manager opened the door. Boyer said she then put her clothes back on, hid Cooke's clothing, went to a telephone booth, and called the police.

Boyer's account is the only one that exists of what happened between her and Cooke that night, and it has long been called into question due to inconsistencies between her version of events and details reported by diners at Martoni's Restaurant, where Cooke dined and drank earlier in the evening.

According to restaurant employees and friends, Cooke was carrying a large amount of money at Martoni's. However, a search of Boyer's purse by police revealed nothing except a $20 bill, and a search of Cooke's Ferrari found only a money clip with $108, as well as a few loose coins near the ashtray.

As Carr's testimony corroborated Franklin's version of events, and because both Boyer and Franklin later passed polygraph tests, the coroner's jury ultimately accepted Franklin's explanation and returned a verdict of justifiable homicide. With that verdict, authorities officially closed the case on Cooke's death.

However, some of Cooke's family and supporters have rejected Boyer's version of events, as well as those given by Franklin and Carr. They believe that the killing took place in some manner entirely different from the three official accounts.

On the perceived lack of an investigation, Cooke's close friend Muhammad Ali said: "If Cooke had been Frank Sinatra, the Beatles or Ricky Nelson, the FBI would be investigating."

Singer Etta James viewed Cooke's body before his funeral and questioned the accuracy of the official version of events. She wrote that the injuries she observed were well beyond the official account of Cooke having fought Franklin alone. James wrote that Cooke was so badly beaten that his head was nearly separated from his shoulders, his hands were broken and crushed, and his nose mangled.

Some have speculated that Cooke's manager, Allen Klein, had a role in his death. Klein owned Tracey Ltd, which ultimately owned all rights to Cooke's recordings. However, no concrete evidence supporting a criminal conspiracy has been presented.

The first funeral service for Cooke was held on December 18, 1964, at A R Leak Funeral Home in Chicago; 200,000 fans lined up for more than four city blocks to view his body.

Afterward, Cooke's body was flown back to LA for a second service, at the Mount Sinai Baptist Church on December 19, which included a much-heralded performance of "The Angels Keep Watching Over Me" by Ray Charles, who stood in for a grief-stricken Bessie Griffin. Cooke was interred at Forest Lawn Memorial Park Cemetery, Glendale, California.

Two singles and an album were released in the month after Cooke's death. One of the singles, "Shake", reached the top ten of both the pop and R&B charts. The B-side, "A Change Is Gonna Come", is considered a classic protest song from the era. It was a Top 40 pop hit and a top 10 R&B hit. The album, also titled Shake, reached the number one spot for R&B albums.

Bertha Franklin said that she received numerous death threats after shooting Cooke. She left her position at the Hacienda Motel and did not publicly disclose where she had moved. After being cleared by the coroner's jury, she sued Cooke's estate, citing physical injuries and mental anguish suffered as a result of Cooke's attack. Franklin's lawsuit sought $200,000 in compensatory and punitive damages.

Barbara Womack countersued Franklin on behalf of the estate, seeking $7,000 in damages to cover Cooke's funeral expenses. Elisa Boyer provided testimony in support of Franklin in the case. In 1967, a jury ruled in favour of Franklin on both counts, awarding her $30,000 in damages.

Frankfurt Auschwitz Trials

The Frankfurt Auschwitz trials (Der Auschwitz-Prozess or Der zweite Auschwitz-Prozess) was a series of trials running from 20 December 1963, throughout 1964 and to 19 August 1965, charging 22 defendants under German criminal law for their roles in the Holocaust as mid- to lower-level officials in the Auschwitz-Birkenau death and concentration camp complex. Hans Hofmeyer led as Chief Judge the "criminal case against Mulka and others" (reference number 4 Ks 3/63).

Overall, only 789 individuals of the approximately 8,200 surviving SS personnel who served at Auschwitz and its sub-camps were ever tried, of whom 750 received sentences. Unlike the first trial in Poland held almost two decades earlier, the trials in Frankfurt were not based on the legal definition of crimes against humanity as recognised by international law but according to the state laws of the Federal Republic.

Prior trial in Poland Most of the senior leaders of the camp, including Rudolf Höss, the longest-standing commandant of the camp, were turned over to the Polish authorities in 1947 following their participation as witnesses in the Nuremberg Trial. Subsequently, the accused were tried in Kraków and many sentenced to death for violent crimes and torturing of prisoners. Only SS-Untersturmführer Hans Münch was set free, having been acquitted of war crimes. That original trial in Poland is usually known as the first Auschwitz trial.

SS-Sturmbannführer Richard Baer, the last camp commandant, died in detention while still under investigation as part of the trials. Defendants ranged from members of the SS to kapos, privileged prisoners responsible for low-level control of camp internees, and included some of those responsible for the process of "selection," or determination of who should be sent to the gas chambers directly from the "ramp" upon disembarking the trains that brought them from across Europe ("selection" generally entailed inclusion of all children held to be ineligible for work, generally under the age of 14, and any mothers unwilling to part with their "selected" children). In the course of the trial, approximately 360 witnesses were called, including around 210 survivors. Proceedings began in the "Bürgerhaus Gallus", in Frankfurt am Main, which was converted into a courthouse for that purpose, and remained there until their conclusion.

State Attorney General (Hessian Generalstaatsanwalt) Fritz Bauer, himself briefly interned in 1933 at the Heuberg concentration camp, led the prosecution. Bauer was concerned with pursuing individual defendants serving at Auschwitz-Birkenau; only 22 SS members were charged of an estimated 6,000 to 8,000 thought to have been involved in the administration and operation of the camp. The men on trial in Frankfurt were tried only for murders and other crimes that they committed on their own initiative at Auschwitz and were not tried for genocidal actions perpetrated "when following orders", considered by the courts to be the lesser crime of accomplice to murder.

At a 1963 trial, KGB assassin Bohdan Stashynsky, who had committed several murders in the Federal Republic in the 1950s, was found by a German court not legally guilty of murder. Instead, Stashynsky was found to be only an accomplice to murder as the courts ruled that the responsibility for his murders rested only with his superiors in the KGB who had given him his orders.

The legal implication of the Stashynsky case was that the courts had ruled that in a totalitarian system only executive decision-makers could be convicted of murder and that anyone who followed orders and killed someone could be convicted only of being accomplices to murder. The term executive decision-maker was so defined by the courts to apply only to the highest levels of the Reich leadership during the National Socialist period, and that all who just followed orders when killing were just accomplices to murder. Someone could be only convicted of murder if it was shown that they had killed someone on their own initiative, and thus all of the accused of murder at the Auschwitz trial were tried only for murders that they had done on their own initiative.

Thus, Bauer could only indict for murder those who killed when not following orders, and those who had killed while following orders could be indicted as accomplices to murder. Moreover, because of the legal distinction between murderers and accomplices to murder, this meant that an SS man who killed thousands while operating the gas chambers at Auschwitz could only be found guilty of being accomplice to murder because he had been following orders, while an SS man who had beaten one inmate to death on his own initiative could be convicted of murder because he had not been following orders.

Bauer is said to have been opposed in the former purpose by the young Helmut Kohl, then a junior member of the Christian Democratic Union. In furtherance of that purpose Bauer sought and received support from the Institute for Contemporary History in Munich. The following historians from the Institute served as expert witnesses for the prosecution; Helmut Krausnick, Hans-Adolf Jacobsen, Hans Buchheim and Martin Broszat. Subsequently, the information the four historians gathered for the prosecution served as the basis for their 1968 book, Anatomy of the SS State, the first thorough survey of the SS based on SS records.

Information about the actions of those accused and their whereabouts had been in the possession of West German authorities since 1958, but action on their cases was delayed by jurisdictional disputes, among other considerations. The court's proceedings were largely public and served to bring many details of the Holocaust to the attention of the public in the Federal Republic of Germany, as well as abroad. Six defendants were given life sentences and several others received the maximum prison sentences possible for the charges brought against them.

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