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Tests to Determine if Ray’s Rifle Used on King Are Inconclusive

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From Associated Press

Tests to determine whether James Earl Ray’s rifle was used to kill the Rev. Martin Luther King Jr. proved inconclusive, and a judge said Friday that more testing may be needed.

The rifle and the bullet that killed King were examined in May for the first time since the 1970s. Twelve of 18 test bullets fired contained microscopic markings that were not found on the fatal slug, an expert testified.

“They couldn’t match it, but they couldn’t eliminate it either,” said Kelly Fite, a Georgia firearms specialist called as a prosecution witness. “It’s inconclusive.”

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Criminal Court Judge Joe Brown, intrigued by the marks, told lawyers to return to court Friday to discuss procedures for possible new tests on the rifle and the slug.

Ray’s lawyers are hoping the tests will help persuade Brown to order a trial for Ray, who is serving a 99-year sentence in a Nashville prison for the 1968 assassination of King in Memphis. Ray confessed nearly 30 years ago, thereby avoiding the death penalty, but recanted days later and has sought a trial since.

Robert Hathaway, a University of Rhode Island firearms examiner hired by Ray’s lawyers, oversaw the most recent tests. He and prosecution witnesses agreed that it is unclear what caused the markings that were on the test bullet but not the death slug.

Ray’s lawyers said the .30-06 hunting rifle may not have been cleaned properly before it was fired during the most recent testing.

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