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DEEP
IN THE PINE WOODS OF EAST TEXAS, A TWO-LANE blacktop once
known as Gun Barrel Lane rambles along the backcountry,
through the ramshackle beauty of clapboard churches and
abandoned shotgun shacks and rusting tin roofs that sag
under the weight of time. A man could hide here, amid the
tangle of side roads that stray off into the bottomlands of
Henderson County, and never be found again — or so it must
have seemed to former Alabama Klansman Bobby Frank Cherry
when he came here twelve years ago seeking refuge. The land
he settled on is hard to find: Densely wooded and remote, it
is accessible by only one road — a crooked path, unmarked
and uninviting — that retreats into the slash pine. At its
end lie two white houses, one belonging to Cherry, the other
to his eldest son, Tom. Father and son live side by side in
this lonesome stretch of woods, no more than a dozen yards
apart, bound together by the secrets of the past. For both
men know that although Bobby Frank Cherry has tried to fade
into obscurity among the pines, lawmen suspect him of having
carried out one of the most notorious and depraved murders
of the civil rights era, a church bombing that left four
black girls dead.
Cherry
has long maintained his innocence, but he has not escaped
his son's own nagging doubts. Tom often gazes out the
kitchen window and wonders at the past, uncertain whether to
believe his 69-year-old father or the FBI, whose renewed
investigation into the bombing has identified Cherry as its
prime suspect. The law has been on his trail ever since
dynamite ripped through the Sixteenth Street Baptist Church
in Birmingham, Alabama, on September 15, 1963, killing
eleven-year-old Denise McNair and fourteen-year-olds Addie
Mae Collins, Carole Robertson, and Cynthia Wesley only
moments before they were to hear a sermon titled "The
Love That Forgives." The "massacre of
innocents," as it was called in headlines around the
world, sparked protest and outrage; the FBI, in turn,
launched its most intense investigation since the
Depression-era manhunt for John Dillinger. Its findings,
which fingered Cherry and three other Klansmen, were
eventually shelved by J. Edgar Hoover, who feared that a
white Southern jury would never vote to convict.
Rumors
that his father had a hand in the church bombing have
followed Tom since he was a child. Now 47 and a long-haul
truck driver, he bears a strong resemblance to his father,
though his features lack the old man's hardness; his own
face is round and expressive, and moved by sudden emotions.
Ever since Tom was 11 years old, he has lived with the
possibility that his father committed murder — and yet,
this is the father he grew up adoring. Their story is one of
an age-old struggle between fathers and sons, for every son
learns in time that his father is all too fallible, and
Bobby Frank Cherry turns out to have been very fallible
indeed. Tom has long revered the old man and modeled his
life after him — even going so far, in his youth, as to
join the Klan before finding that he had no taste for it —
but the revelations of the renewed investigation have tested
even his allegiances. While Cherry's other children have
rallied around him, Tom has remained tight-lipped about his
opinion of his father's guilt or innocence. His silence has
strained their relationship: The old man has not spoken to
his son in more than a year, only scowling at Tom whenever
they pass on the narrow road that leads through the pines.
Tom
was at his father's side, along with several other Klansmen,
when the sound of dynamite rattled through downtown
Birmingham that September morning. Though the bomb was most
likely placed at the church the night before, what Tom might
have overheard that day or in the years that followed has
been a source of great curiosity on the part of federal
investigators. Tom has long viewed the FBI as the enemy; he
was a child when, in the wake of the bombing, agents began
lurking in the alley behind the Cherry home and following
his father in unmarked cars down the streets of Birmingham.
But as he has grown older and had children of his own, he
has come to grasp the importance of this case; during the
course of the renewed investigation, FBI agents showed him
crime-scene photographs of the four girls — their bodies
were broken and blistered, one burned beyond recognition —
and he did not easily forget them. "My sister told me
to quit riding the fence," said Tom. "She said,
'You're either with us or you're against us.' Well, I'm not
with or against nobody. I don't run in a pack."
Tom
and I spent many winter afternoons talking about Bobby Frank
Cherry — a man I would never see in all my visits to the
backwoods but whose presence was keenly felt. Tom sat at his
kitchen table, smoking cigarette after cigarette and
interspersing the conversation with nervous laughter; he
would sometimes glance apprehensively at his father's house
after he spoke, as if the old man might have overheard him.
"When the investigation started up again, Dad said,
'They'll do anything to put a wedge between us,'" he
said, shaking his head. "The FBI has played this family
against each other, is what they've done." He and his
father had never had it easy: After his mother died, when
Tom was fifteen, Bobby Frank Cherry abandoned him, leaving
him at an orphanage. But Tom renewed contact as an adult,
following him first to Dallas and then to the backwoods of
Henderson County in a determined bid to win his father's
affection. "I don't know if we'll ever settle our
differences now," he said, rising from his seat and
jamming his hands stiffly into the pockets of his blue
jeans. "There's too much that's happened between us,
too much to try to forgive and forget."
Now
barrel chested and middle aged, Tom has a ragged smoker's
laugh and his face is creased with hard living. His
belongings betray a stubborn sense of family pride: He
always wears a leather belt emblazoned with the Cherry name,
and his house — a neat, prefabricated home shaded by pines
— is decorated with an abundance of framed family photos.
One, of his father as a young Marine smiling and leaning
jauntily against a wall, suggests a simpler time. Tom
dragged on a cigarette and furrowed his broad, ruddy face
when I asked him if he doubted his father's claims of
innocence. "I've had some questions, not necessarily
doubting his story, but I have some questions that have been
unanswered," he said. "Things that the FBI told
me." The strain of the investigation was plain to see:
His face was lined with worry, softened only by the
occasional comfort of a cigarette, and his answers to my
questions were circumspect. Had he told the FBI everything
he knew? I asked. He looked up from the family photographs
that he had spread out across his kitchen table, and his
eyes shone with tears. "I've answered their
questions," he said bitterly, "but I'm not going
to help them hang him."
THE
DEMONS THAT THE CHERRY FAMILY HAS BEEN running from all
these years originated in the Birmingham of the fifties and
sixties, where white men who saw themselves as the last
defenders of the old South banded together to preserve their
privileged place in a society divided by race. Birmingham
was an industrial city of steel mills and coal mines, its
population an uneasy mix of working-class whites and poor
blacks who had come to the city from rural Alabama in search
of opportunity. It was a city of tension and violence, with
an undertow of racial hatred, where dynamitings of
black-owned homes and businesses were so common that the
city was nicknamed Bombingham. The Cherrys lived in a modest
wood-frame house in the working-class neighborhood of
Ensley, a white stronghold hemmed in by poorer neighborhoods
that were rapidly integrating. Tom was the first-born of
seven children and was named Thomas Frank Cherry after his
father.
Tom
shared not only his father's name and his likeness but a
similar disposition: Hotheaded and stubborn, he often got
into fights with the other neighborhood boys, wrestling them
in empty lots on the northwest side of Birmingham. "I
was like my dad then," he said. "I wasn't scared
of nothing. I wanted to grow up to be just like him."
Boisterous and impulsive, Tom was always careful to behave
himself around his father, whom he revered. To Tom, Bobby
Frank Cherry seemed larger than life: Tall and muscular,
with thick, wavy blond hair, he wore a cocksure grin and a
tattoo across his upper left arm bearing his name. Cherry
kept a Luger tucked into his back hip pocket and a
.38-caliber pistol in his boot, and his temper sometimes got
the best of him. He struck his wife Virginia for not
deferring to him — "My mother was just as ornery and
smartass as he was," remembered Tom — and flew into a
rage if his children tested his patience, once knocking all
their plates off the kitchen table with a single, crashing
sweep of his arm. Despite his meanness, he still commanded
his son's respect. "My father was a hero to me,"
Tom said. "He was a protector and a charmer, the
toughest guy on the block."
Bobby
Frank Cherry made no secret of his hatred for black people,
nor of his association with the Klan: Tom recalled that his
robes, made of white satin and emblazoned across the heart
with a red drop of blood, hung in the front closet of the
Cherry house and a back-lit picture of a robed Klansman on
horseback stood just inside the front door. The Klan had not
been a presence when Bobby Frank Cherry was growing up in
Mineral Springs, Alabama, during the thirties and forties,
but by 1957, when the South was facing school desegregation
and he was competing with black men for low-paying jobs,
barely making ends meet working as a truck driver, it held
its own particular appeal. The Klan bestowed a certain
authority on him, and no doubt gave him a sense of power in
a world that otherwise afforded him none. "It made him
feel like a big fish in a small pond," said Tom. The
demands of the Klan also allowed him to duck out of the
house on the pretext of protecting the white race. He
preferred the company of his fellow Klansmen: Hard-drinking
and poorly educated like him, they spent their days working
backbreaking jobs — as coal miners, meat packers, welders,
and quarrymen — and raised hell at night. Many of them had
records for petty crimes and a penchant for guns and
whiskey; all shared fanatical views on the supremacy of the
white race.
They
called themselves the Cahaba Boys, after the slow-moving
river south of Birmingham, where every Thursday night they
gathered in the woods beneath a low-slung stone bridge. The
splinter group of a dozen or so men was founded in the early
sixties, according to FBI files, by renegade Klansmen who
believed that the mainstream Klan was not radical enough.
Membership in this brotherhood was for those proven both
loyal and not squeamish. Its ringleader was Robert
"Dynamite Bob" Chambliss, a man with a long
history of brutality toward black people — including a
charge of "flogging while masked" — and the
prime suspect in dozens of racially motivated bombings
around Birmingham. Its ranks included a number of small-time
bullies and thugs, as well as prominent Klansmen like Gary
Thomas Rowe, who was later indicted but never brought to
trial for participating in the high-profile murder of white
civil rights worker Viola Liuzzo during the 1965 Selma
march. The Cahaba Boys had ties to local politicians, law
enforcement, and the most rabid white supremacists of the
day: J. B. Stoner, the leader of the neo-Nazi National
States Rights Party, was a frequent visitor, as was Imperial
Wizard Bobby Shelton, then the most powerful Klansman in the
nation.
The
Cahaba Boys committed acts of violence with a ferocity that
was unmatched even by their fellow Klansmen, according to
FBI files. Carrying foot-long chains, battery cables, and
baseball bats that had been hollowed out and filled with
lead, they spread terror on city buses, where they punished
blacks who were sitting too close to whites, and in racially
mixed neighborhoods, where they lobbed explosives into the
driveways of black families. "Nigger-knocking" was
standard practice once the sun went down: Blacks were taken
to remote areas, beaten, and sometimes brutally tortured.
"The Klan wasn't violent enough for them," said
Bob Eddy, who is currently assisting the FBI with its
investigation of Bobby Frank Cherry. "They were
responsible for firebombings, floggings, dynamiting people's
homes. How often Cherry was along on those rides, we don't
know, but Chambliss told me years later, before he died,
that Cherry was at the bombing of the Gaston Motel."
That bomb exploded on May 11, 1963, only a block from the
Sixteenth Street Baptist Church, and would have changed the
course of history had it not missed its mark: It was
intended for Martin Luther King, Jr.
None
of this was known to the young Tom Cherry, who was raised to
believe that the Klan embodied all that was right and good.
As a boy he attended Klan rallies with his father on the
outskirts of town and watched in awe as huge crosses wrapped
in burlap were doused in kerosene and set afire. "The
Klan stood for Christianity and purity," he recalled.
"We were told that any other race besides the white
race was second class and blacks had no place in society.
When you're young, you think it's cool, you think it's
right." So obsessed was Birmingham with race that
nothing else seemed to matter. "I remember when
everyone was worried about Russia doing this and Cuba doing
that and us all getting blown up," said Tom, "and
everyone in Alabama was worried about being integrated. It's
a sad thing, isn't it? After we went to school together, we
found out there wasn't much difference in none of us. We
were all struggling just as hard to buy groceries as they
was, they was all wanting bicycles for Christmas just like
we was."
Tom
knew nothing of the Klan's night-riding as a child, but on
more than one occasion, his father's hatred for blacks
turned to violence right before his eyes: He recalls being
sent to the back of his parents' house with his brothers and
sisters one Halloween, while his father — furious that two
black families had dared to knock on his front door as they
made their rounds trick-or-treating — began firing his gun
indiscriminately from the porch. There were other
confrontations over the years; when a black teenager tried
to steal a ball of string that Tom used for his newspaper
route, Cherry leveled his gun at the nineteen-year-old, who
had grabbed a pipe, and then beat him senseless. Tom was
frightened by such savagery and wondered sometimes at his
father's coldheartedness — "There seemed to be no
pity, no sympathy at all" — but he couldn't help but
notice that no one else seemed to be bothered by it, least
of all the authorities. "The police didn't care,"
he said. "You could do just about whatever you wanted
to a black person and not get in trouble down there."
But
Tom, then just a boy, was looking for a father, not a
political mentor. He can still remember the thrill of
hearing his father's footsteps coming up the front drive; he
was never happier, he said, than when he was at his father's
side. Cherry sometimes let Tom tag along with him to Jack
Cash's Barbecue, a Klan haunt where Tom ate hamburgers at
the counter while his father conducted his business at a
nearby table. But more often than not, Cherry headed out of
the house alone. Sometimes, when Cherry reached for his
coat, Tom would dart out of the house and hide in the back
seat of the family's 1957 red-and-white Chevrolet, waiting
until his father had shifted into gear and driven a few
blocks before making his presence known. Cherry let Tom
accompany him when there was Klan grunt work to do, such as
tacking up George Wallace posters or printing up bumper
stickers protesting school integration; when he needed an
extra hand silk-screening rebel flags at the Modern Sign
Company on the morning of September 15, 1963, Tom came too.
Investigators
believe that the eleven sticks of dynamite, bound together
with a timing device in olive-colored paper, had been
planted at the Sixteenth Street Baptist Church the previous
evening. Tom cannot recall if his father was home, as Cherry
would later claim, or if he was absent that night. What Tom
does remember is standing inside the Modern Sign Company on
the morning of the bombing, only a few blocks from the
church, and hearing a dull rumble that shook the
silk-screens from their frames. "There was the sound of
an explosion — a whoomph — and I knew something
real bad had happened," said Tom. "It was a day
you never forget."
ADDIE
MAE COLLINS, DENISE MCNAIR, Carole Robertson, and Cynthia
Wesley were popular and vivacious girls, all but one the
daughters of Birmingham schoolteachers, who had left their
Sunday school classes a few minutes early that morning so
they could freshen up before the service. While the
congregation gathered in the main sanctuary, the four girls
hurried to the ladies' lounge in the church basement —
past the eleven sticks of dynamite, which lay on the
opposite side of the church wall, obscured by a flight of
concrete stairs. A survivor later recounted how the girls
had stood quietly in front of the long mirror in the lounge,
appraising their reflections as they combed their hair and
smoothed out the folds in their crisp white dresses. At
10:22 a.m., as Denise McNair reached to tie Addie Mae
Collins' sash, there was a sudden, thunderous blast. A wave
of heat surged through the building as its
brick-and-limestone frame buckled, the force of dynamite
toppling the base of the church's eastern wall and raining
plaster, wood, and stained glass onto the worshipers below.
There was a moment of stunned silence in the sanctuary, and
then, as smoke began to billow from the basement, someone
screamed, "We've been bombed!"
The
haunting image that would appear on the cover of Time
the following week was that of a stained-glass window: The
body of Jesus, surrounded by young children, remained intact
— but the explosion had left a gaping hole where His face
had once smiled benevolently down upon them. In the moments
after the blast, churchgoers felt their way through the haze
of smoke and soot in the sanctuary, while an angry crowd
gathered outside and waited to count the dead. The four
girls had not stood a chance: The force of the blast had
blown out windows several blocks away and crushed two nearby
cars, crumpling them like tin cans. One of the girls was
decapitated by the force of the explosion, another killed by
a brick that lodged in her skull; Addie Mae Collins was so
disfigured that her older sister could identify her only by
her small brown shoes. Churchgoers wailed as first one body,
then a second, and then a third and fourth, were pulled from
the debris and covered with white sheets. Dazed and weeping,
the Reverend John Haywood Cross walked through the rubble,
quoting the sermon he would never deliver. "Father,
forgive them," he said, his face streaked with tears,
"for they know not what they do."
The
bombing, with its stark images of good and evil — the four
girls in white dresses, murdered undoubtedly by the Klan —
touched off riots in the streets of Birmingham and sympathy
among even the most implacable of whites. Governor Wallace
sent three hundred state troopers into the city to keep
order, while Martin Luther King, Jr., wired President
Kennedy, insisting that only decisive federal intervention
could prevent "the worst racial holocaust this nation
has ever seen." The mayor of Birmingham openly wept,
and even in Ensley, where white residents had opted to fill
up the community swimming pool with concrete rather than
integrate it, the mood seemed to have shifted. "Before
then, everybody in the neighborhood used to talk about how
Bob Cherry was the coolest guy around," remembered Tom.
"He stood up for what he thought, you know, and they
all backed him. But then it became socially unacceptable.
And I think where it became socially unacceptable was when
those kids were killed. That turned people's stomachs.
Because no matter who you are, or what color you are, when a
kid is killed, it throws a different light on things. You
can't ignore that. That's when it all went bad."
Local
law enforcement, which had only halfheartedly investigated
Klan violence in the past, suspected that the Cahaba Boys
were behind the church bombing, since its members were
believed to have dynamited dozens of black-owned homes and
businesses around town. But it was not until the FBI sent
more than fifty agents to Birmingham, making it the bureau's
top priority, that Bobby Frank Cherry and his friends were
tailed around the clock. "Every time we'd crank up our
cars, we'd see a car start up down the street after
us," recalled former Klansman Wyman Lee, one of the
Cahaba Boys at the time of the bombing. "Everywhere we
went, the FBI was already there waiting for us, wanting to
talk." The bureau made no secret of its interest in
Cherry and hounded him relentlessly. Agents stood outside
the Cherry home at all hours of the night, watching in
silence, and even Tom's behavior became cause for suspicion:
When Tom injured his thumb while playing with matches, he
had to answer not only the questions of the emergency room
doctor but also those of federal investigators, who wanted
to know if he had been fooling with dynamite.
His
father said little during his twenty interviews with the FBI
that helped his case; instead, he boasted about his hatred
for blacks and his predilection for violence. "The only
reason I didn't do the church bombing," Cherry bragged
to investigators in the fall of 1964, "was maybe
because someone beat me to it." He failed a polygraph
test that the FBI administered three weeks after the
bombing, showing "definite patterns of deception"
when he denied planning and executing bombings around
Birmingham. More significantly, he showed "a strong
reaction" when he was asked if he had known that the
Sixteenth Street Baptist Church would be bombed, and if he
had helped construct a bomb two days beforehand. Rather than
condemn the bombing outright, he defended himself by saying
he would have chosen different victims; Cherry told agents,
according to one FBI file, "that if he had something
against that particular church, he would have 'done
something to the pastor,' and not kill innocent
children." His arrogance could be breathtaking; when
agents asked what testimony he might give a grand jury,
Cherry replied, "That's when the Fifth Amendment will
come in handy."
During
one chilling exchange, Cherry offered investigators an
account of how the bombing might have indeed been executed.
"Cherry stated that if he had wanted to bomb this
church, he would probably use two cars and only two
men," reads one FBI report from early 1965. "One
man would be the lookout and park somewhere in the immediate
vicinity, while the other man would drive into the area,
park his car, and plant the bomb." Cherry told
investigators during another interview precisely how the
bomb could have been built, describing in exhaustive detail
how to rig a timing device to dynamite. "Cherry
cautioned that when dropping the capsule into the
acid," the FBI report concludes, "care should be
taken to clean off the outside of the capsule, since any of
the material contained in the capsule which touches the acid
will ignite and can burn the skin." But Cherry
continued to insist he had no involvement in the bombing.
The
lack of physical evidence recovered at the crime scene,
compounded by the Klan's refusal to cooperate with federal
investigators, would hamper the FBI's efforts to solve the
case. Nevertheless, after nearly two years of relentless
inquiry, the FBI believed that it had cracked the case.
"No avenue of investigative activity has been
overlooked," read a May 13, 1965, memorandum from the
Birmingham field office to FBI director J. Edgar Hoover.
"As a result, it is apparent that the bombing was the
handiwork of former Klansmen Robert E. Chambliss, Bobby
Frank Cherry, Herman Frank Cash, Thomas E. Blanton, Jr., and
probably Troy Ingram." FBI investigators had discovered
several eyewitnesses who could place the men outside the
Sixteenth Street Baptist Church at around two-fifteen that
Sunday morning and a witness who would testify that Blanton
said he and Bobby Frank Cherry had both had a hand in the
bombing. But Hoover, reluctant to try a race-charged case
before a Southern white jury with only circumstantial
evidence, forbade the agents to meet with federal and state
prosecutors. The case, for the time being, was shelved and
nearly forgotten.
FOR
TOM, LIFE WOULD FOREVER BE MEASURED against that moment in
1963 when he stood at his father's side, listening to the
sound of dynamite reverberating against the limestone walls
of downtown Birmingham. He remembers only fleeting images
from that Sunday morning, when the city shuddered beneath
his feet: a crowd forming down the street, the wail of
ambulances, a white man yelling amid the chaos, "Let's
get out of here — the niggers are on the war path."
The rest has been muddled by the passage of time; Tom can
not discern, in his faded memories, the expression that his
father wore after the explosion or what words the men at the
Modern Sign Company spoke in its wake. But that moment,
however dimly remembered, marked the point when his
relationship with his father changed for the worse and
defined the years to come, when Bobby Frank Cherry always
seemed to be looking over his shoulder. "I remember
Daddy saying that they were following him to work,
questioning him on the job, taking pictures of him,"
Tom said.
After
the bombing, his father often was absent for days at a time,
and his parents' arguments escalated into terrible violence,
one fight so brutal he had feared for his mother's life.
Virginia Cherry was diagnosed with cancer in the years that
followed, Tom remembered, and died in 1968, when he was
fifteen. Bobby Frank Cherry soon abandoned his children,
placing them first in the care of an orphanage and later
with relatives. "I know that makes my dad sound like a
sorry SOB, but he couldn't hold down a job and raise seven
kids," Tom said. "He did the best he could."
Rather than staying at the Gateway Mercy Home with his
brothers and sisters, Tom struck out on his own, pumping gas
at a Sinclair station for 50 cents an hour and living by his
wits. He had always feared that federal agents would take
away his father, but instead his father had forsaken him:
Tom would spend much of the rest of his life trying to find
the father he had lost at fifteen, ready to welcome Bobby
Frank Cherry back into his life at any cost.
Tom
drifted between Alabama and Texas for several years, and by
the time he was in his early twenties, he had made his way
to Pascagoula, Mississippi, where he worked in a shipyard
and fell in briefly with the local Klan. "It's hard to
sit here now and explain the exact reason why I
joined," Tom said. "I'd had a lot of racist stuff
shoved down my throat growing up, and my mind-set was
different then. The Klan was like a family tradition, I
guess. It turned out to be a bunch of lowlifes who wanted to
go do some stupid stuff. We burnt some crosses on top of a
hill, out between Pascagoula and Biloxi, that you could see
for miles and miles out on that flat stone land. But
bringing harm to people, that ain't no good. I told them I
would have no part in that, and I bailed out after a couple
of months." Tom saw his father from time to time,
fishing with him on his occasional visits to Pascagoula.
When he decided to leave Mississippi behind, Tom — as all
but one of his siblings would do later — headed for Texas,
the state where Bobby Frank Cherry now resided, in hopes of
re-establishing a relationship with his father. Whatever
grudge he held against his father for abandoning him he soon
forgave, hoping that the two might once again be together as
father and son.
Texas
was where Bobby Frank Cherry had come to escape the burdens
of the past. In 1971 Alabama attorney general Bill Baxley
had reopened the church-bombing investigation; Cherry left
Birmingham soon afterward, working as a welder and later
opening a carpet-cleaning business in Grand Prairie, outside
Dallas. But he could not dodge the law forever: On a hot
August day in 1977 Cherry received a call from Bob Eddy,
then the attorney general's lead investigator of the case. A
former sheriff from Huntsville, Alabama, Eddy was a
masterful interviewer who had cracked some of Alabama's
toughest cases, having shrugged off late-night death threats
and faced down more than one Klansman wielding a shotgun.
His assignment to solve the church bombing was not an easy
one; the FBI initially refused to share most of the evidence
it had gathered from confidential sources during its
original investigation, leaving him with little more than a
cold trail. But after interviewing Klan informants and
following old leads, he had found compelling evidence
against Robert Chambliss — the first of the Cahaba Boys
the Alabama attorney general's office planned to prosecute
for the church bombing — though Eddy was also certain of
Cherry's complicity.
Eddy
came to Grand Prairie to persuade Cherry to talk; the case
against Chambliss was good, but not airtight, and Eddy hoped
that Cherry's testimony could make the difference. The
former Klansman seemed ill at ease when the two men met
early one August afternoon in 1977 at the Grand Prairie
police station, interrupting the conversation with sardonic
laughter and reminding Eddy that he couldn't stay long. They
talked until ten o'clock that evening, however, and Eddy
remains convinced that he narrowly missed persuading Cherry
to come clean. "I told him, 'Chambliss said he saw you
walking down the alley [by the church] with the bomb,'"
Eddy recalled, referring to information he had gotten from
another investigator, "and Cherry turned white as a
sheet." Cherry left the police station that night tired
and shaken, promising that he would sleep on Eddy's request
to testify for the state. But Cherry placed several calls
that night to friends in Birmingham, who said that Chambliss
had never spoken to Eddy. Angry that he had been tricked,
Cherry phoned Eddy at his hotel and told the investigator he
was through talking.
Chambliss
was successfully prosecuted later that year and sentenced to
life in prison, putting the Sixteenth Street Baptist Church
bombing back on the front pages of newspapers around the
country. (He died in prison in 1985.) Attorney General
Baxley vowed to pursue the four other Klansmen the FBI had
originally suspected in the bombing but was forbidden by
state law to seek a third term; his successor, Charles
Graddick, did not pursue the case. "I'm one hundred
percent sure of Cherry's involvement: There are no ifs,
ands, or buts about it," said Baxley, who is now in
private practice. "He's mean and vicious and
unrepentant, and it was devastating to realize that we were
never going to get a chance to bring him to justice."
Eddy felt similarly defeated. He had returned with Baxley to
Grand Prairie after Chambliss was indicted, warning Cherry
that he could face a longer prison sentence for not
cooperating with the investigation and making a final plea
for his help. But Cherry had been unimpressed. "Go
ahead and put me in jail — I don't give a damn," he
spat at Eddy. "You ain't got a thing on me."
For
the next eleven years, Cherry lived a quiet life in the
Dallas suburbs, though it seldom included Tom. In Grand
Prairie, his father had not so much welcomed Tom back into
his life as he had called upon him now and then when he
needed a favor. Then in 1988 another Alabama attorney
general, Don Siegelman, who is now governor, announced he
was reopening the bombing case. That probe was short-lived,
but the stress of three investigations had taken its toll:
Cherry, then 58, suffered a heart attack later the same
year. He radically altered his life once he was on the mend,
selling his carpet-cleaning business in Grand Prairie and
moving himself and his fifth wife, Myrtle, to the backwoods
of Henderson County. Tom — this time accompanied by his
wife and children — once again pulled up stakes and
followed his father. East Texas, Tom hoped, held more
promise.
BOBBY
FRANK CHERRY'S HOUSE STANDS in a clearing, beside a dog shed
and an American flag that hangs dispiritedly from a pole,
his land marked by a No Trespassing sign stuck firmly in the
red soil. Tom helped his father clear this property more
than a decade ago, uprooting pines with a backhoe and
hauling away dead wood; he built his own house a little ways
down the road, so close to his father's place that their
yards back up to each other. Despite their proximity, the
relationship between father and son has been as difficult as
ever: Tom, now divorced, cannot remember the last time he
and Bobby Frank Cherry shared a
Thanksgiving or Christmas dinner. Their peculiar
relationship was instead dictated by the whims of the
father, who could be warm to his son one moment and derisive
the next. Though the two men occasionally fished together on
nearby Cedar Creek Lake or passed the afternoon sitting on
each other's porch beneath the pines, Tom never became his
father's confidant, finding himself instead at the mercy of
Cherry's moods. "It was like a bad marriage," Tom
said. "We had our ups and downs, and we'd have it out
with each other, but he was still Dad."
The
real test of the ties between father and son has proved to
be the renewed FBI investigation: Neither man has ventured
along the overgrown footpath that lies between their houses
in more than a year, the distance seeming to grow as each
day passes in silence. The impasse began not long after the
Justice Department declared in 1997 that it was reopening
the Sixteenth Street Baptist Church bombing case in light of
"new leads." The announcement came one day after
the release of Spike Lee's 4 Little Girls, a stirring
film about the bombing victims that questioned why only one
man had been prosecuted for their murders when it was widely
believed that others were involved. Tom remembered feeling,
upon hearing that his father had been named one of the
renewed investigation's prime suspects, the old sense of
dread. "It brought back bitter memories," he said.
"It had been a shadow over the family for so long, and
I figured then that we weren't never going to be free from
it." His worry only deepened when his brothers and
sisters, many of whom had made their peace with the old man,
rallied behind Bobby Frank Cherry and soon demanded to know
where Tom stood.
The
FBI had meanwhile brought long-lost family members before a
federal grand jury in Birmingham to tell damning stories
about his father: Cherry's third wife, Willadean Brogdon,
testified that Cherry had boasted about the bombing; her
daughter, Gloria LaDow, said that Cherry had bragged about
lighting the fuse; Wayne Brogdon, Willadean's brother, told
the grand jury that Cherry had recounted how he made the
bomb. Even Tom's own daughter, Teresa Stacy, testified that
she had heard Cherry speak about the bombing. "I heard
my grandpa talk about it when I was ten or eleven years
old," Teresa explained this winter, sitting in her
living room in the suburbs north of Fort Worth, while her
two young children played at her feet. Now 24, she is
straightforward about her dislike for Cherry, whom she
claimed once molested her as a child. But she has few doubts
about what she heard at a family gathering in the late
eighties. "He was sitting out on the porch with my
uncle Bobby and my uncle Wesley, talking about how he'd
blown up a bunch of 'niggers' in Alabama. It's sickening to
think about. Four little baby girls dying, and your flesh
and blood had something to do with it? Imagine how much
those girls' parents have suffered. They've got it ten times
worse than that old bastard ever will." Teresa holds no
grudge against her father for his stubborn allegiance to
Bobby Frank Cherry, only pity. "My father was deprived
of love his whole life," she observed. "He's
wanted to have a father so bad and so long that he's willing
to overlook anything. But in his heart, I think he knows the
truth."
Tom
insists that he has never heard Bobby Frank speak of the
bombing and cautions that his estranged relatives who have
testified before the federal grand jury all have their own
axes to grind. He will concede only that there are many
"unanswered questions" that have troubled him over
the course of the investigation. How much Tom knows, and how
much he may not be saying, no one else can tell: For though
he stood by his father's side when Bobby Frank Cherry
professed his innocence at a 1997 press conference —
telling reporters that his father had become the victim of a
"witch hunt" — Tom had known that his father's
story was flawed. Even then, he told me, his father's alibi
gave him pause: Bobby Frank Cherry claimed that he had
stayed home the night before the bombing, when investigators
believe dynamite was placed at the church, to care for his
wife, who was suffering with cancer. But as far as Tom can
remember, Virginia Cherry was not yet ill in 1963 and had
not been diagnosed with cancer. Tom, however, could not
muster up the conviction to say that perhaps his father
might be guilty; instead, in conversations that spanned many
winter afternoons, he vacillated between fiercely defending
Bobby Frank Cherry one moment and doubting him the next.
"If he's guilty of hurting them kids," Tom said at
one point, "then he deserves what he gets. But if he's
not? I want to see credible evidence, not the hearsay of an
ex-wife."
Tom's
ambivalence recently led him back to Birmingham, where he
read through the thousands of pages of FBI files on his
father that have now been made public record. He spent
several days in the windowless archives room that lies in
the basement of the Birmingham Public Library, looking for
clues in the unwieldy files that bore his father's name.
Though Tom reads laboriously, he pored over each page on
which FBI agents had once tracked his father's every move,
smoothing out the old sheets of typing paper that had
yellowed with age and searching for clues, hoping to uncover
the secrets to his family's past: Here lay his dead mother's
words, his father's racist rants, the suspicions of the
FBI's lead investigators. The files left Tom with more
questions than answers. "I used to say, 'Leave it
alone,' but I can't say that no more," Tom said.
"I was real confident that Dad had nothing to do with
it and that the FBI was the bad guy. There were just some
things in those files up there that disturbed me. I think
this needs to be cleared up, once and for all."
Bobby
Frank Cherry stopped speaking to his son more than a year
ago, angered over his belief that Tom was cooperating with
the FBI. The last time they exchanged words, Tom remembered,
his father had marched down the road to the end of his
driveway, where he accused Tom of betrayal. "He thinks
I've turned against him," Tom said, his face filled
with anguish. Tom insisted that he has only done what any
good citizen would do: He has answered the FBI's questions.
"I don't know enough to send my father to the
penitentiary," he said, "and I don't want to send
my father to the penitentiary." The ensuing silence has
devastated this loyal son, whose feelings for his father
have long bordered on worship. Once boisterous and
high-spirited, Tom is subdued now; when he talks about his
father, the conversation is one of resignation and regret,
his voice often breaking with emotion. "Dad's the type,
if you don't agree with him on everything, you're a son of a
bitch," he told me. "There's nobody right but him.
He's right and he's always right — never wrong — and you
can't convince him no different."
The
last time i saw Tom Cherry, it was a brisk winter day in
Henderson County, where a sharp wind was blowing off Cedar
Creek Lake and rustling through the trees. That afternoon,
we sat at Tom's kitchen table, as we had many times before,
and spoke about his father. We could hear Bobby Frank Cherry
chopping firewood in the distance, whistling to himself as
he walked between the pines.
Tom tries not to think about the possibility of his father
standing trial for murder, though everywhere he turns, there
are reminders of the suspicions that have overshadowed this
family for nearly forty years: As we sat talking at his
kitchen table that winter afternoon, a tan Suburban with
tinted windows drove slowly down the road beside Tom's
house, braking at the end of his front drive. Tom pulled
back the curtain that covered one of his living room windows
and studied the vehicle outside. No one ever emerged from
the Suburban, and after ten minutes or so, it abruptly drove
away. "This happens a couple times a month," he
said as he watched the Suburban disappear, his face ashen.
"It's an intimidation tactic. My phones were tapped for
a while. I still get strange calls, hang-ups in the middle
of the night." Tom had no doubts that the onlookers had
been the FBI. How forthcoming had Tom been with federal
investigators? I wondered, curious about their evident
interest in him. The answer is one only he knows for sure,
though it was clear at that moment — when Tom looked
fearfully out his window — that his father's burden has
now become his own.
There
was one question that had been nagging me ever since we had
begun talking about Bobby Frank Cherry. The catalog of his
cruelties was staggering: He had beaten his wife, he had
abandoned his children, and he had allegedly abused his
granddaughter. He was suspected of having had a hand in one
of the most heinous hate crimes in memory, one that had left
four girls dead. Yet Tom remained by his side, hoping that
his father might again walk along the once well-worn
footpath between their houses and welcome Tom back into his
life. Why, I asked him, did he remain so loyal?
Tom
blinked back sudden tears. "He's my father," he
replied.
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