Freedom Rider: Injustice can't be ignored

Freedom rider Carol Ruth Silver looks at one of the cells where she and other Freedom Riders were jailed in at the Mississippi State Penitentiary 50 years ago in Parchman, Mississippi, Wednesday, May 25, 2011. Silver spent 30 days at the prison.

Mississippi Freedom 50th Anniversary Reunion

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SALT LAKE CITY While being jailed during her fight for human rights, one woman transcribed her experiences on any scrap of paper she could find.

Carol Ruth Silver, one of the original Freedom Riders, spent 40 days in jail in Jackson, Mississippi, in June 1961 for her involvement with the movement.

After her release, Silver transcribed her notes to family members, who typed them up. Her thoughts sat in storage in her mother's garage in Los Angeles for decades. More than 50 years after her release, "Freedom Riders Diary: Smuggled Notes from Parchman Prison" was published in early 2014.

Silver spoke to a group at the Jewish Community Center on Wednesday about what led her to join the group and her experiences as a Freedom Rider. She also appealed to those gathered to continue to fight for justice.

Silver's speech came days after Martin Luther King Jr. Day and shortly before Black History Month.

The interracial Freedom Riders rode interstate buses into the then-segregated southern states after U.S. Supreme Court rulings in 1946 (Irene Morgan v. The Commonwealth of Virginia) and 1960 (Boynton v. Virginia) came down against segregation in interstate buses, terminals and restrooms.

To test the rulings, a group of civil activists traveled on buses, first through the upper south and later through the lower south.

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Freedom Rider: Injustice can't be ignored

Former Freedom Industries president faces new fraud charge stemming from bankruptcy case

Published January 22, 2015

CHARLESTON, W.Va. Former Freedom Industries President Gary Southern faces a new federal fraud charge stemming from the company's bankruptcy.

A federal grand jury in Beckley, West Virginia, handed up a superseding indictment on Wednesday against Southern and three other former Freedom executives. The indictment charges Southern with a new count of fraud by interstate commercial carrier and restates the charges in the original indictment.

The new count alleges that Southern sent a $6.5 million personal check to an insurance company to be deposited in an annuity account as part of a bankruptcy fraud scheme. The alleged scheme included attempting to protect some assets from possible verdicts and judgments stemming from a Jan. 9, 2014, chemical spill in West Virginia.

Southern's lawyer, Robert Allen, didn't immediately return telephone and email messages Thursday morning.

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Former Freedom Industries president faces new fraud charge stemming from bankruptcy case

Freedom's Southern faces additional charge

Former Freedom Industries President Gary Southern is facing two new criminal charges this week, after a federal grand jury in Beckley handed up an indictment that supersedes the one issued last month.

The 38-page, 14-count indictment, deletes one previous count against Southern and adds two new charges related to the governments allegation that Southern lied about his role in running Freedom to protect his personal wealth from the companys bankruptcy proceeding and from civil lawsuits filed over the January 2014 chemical leak.

One of the new counts accuses Southern of fraud by interstate commercial carrier, regarding Southerns previously publicized transfer of $6.5 million from one financial account to an annuity account with creditor protection. The new count specifies that this transfer was made with an envelope containing his personal check ... delivered by [a] private and commercial interstate carrier.

The other new count accuses Southern of bankruptcy fraud, alleging that he was responsible for a statement of financial affairs, to be filed with the bankruptcy court that did not list him as having been a former Freedom officer.

The new indictment, made public Wednesday, does not include a previous charge of scheme to defraud in bankruptcy court, regarding an application filed in the bankruptcy case seeking to have Southerns legal costs covered by the company. The original indictment had alleged Southern misled the bankruptcy court in that application by not making clear his role at Freedom.

Southern, one of six former Freedom officials facing criminal charges, is free on a $100,000 unsecured bond. He has pleaded not guilty and trial is scheduled for March 10.

If convicted on all counts, Southern, 58, of Charleston, would face a maximum statutory sentence of 88 years in prison, before federal sentencing guidelines were applied to the case. The original indictments charges carries a maximum sentence of 68 years in prison. The new count alleging fraud by interstate commercial carrier carries a maximum sentence of 20 years.

Three other former Freedom officials -- Dennis P. Farrell, William E. Tis, Charles E. Herzing -- were also indicted in mid-December, and the charges against them were repeated in the new indictment adding charges against Southern. Farrell, Tis and Herzing each face three misdemeanor charges of violating the Clean Water Act.

Court dates have not yet been set for Freedom Industries or for two other company officials, Michael Burdette and Robert Reynolds, on charges against them related to the MCHM leak. Freedom has said it has reached a plea agreement with U.S. Attorney Booth Goodwin. Burdette and Reynolds were charged through documents called informations, rather than grand jury indictments, which is usually an indication that a plea deal is in the works.

Reach Ken Ward Jr. at kward@wvgazette.com, 304-348-1702 or follow @kenwardjr on Twitter.

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Freedom's Southern faces additional charge

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