Sanders discusses effort to reopen Civil Rights-era cold cases

State Sen. James Sanders’ has introduced legislation to reopen Civil Rights Era cold case investigations, an effort that has gained momentum following the release of a Netflix docuseries examining the assassination of Malcolm X in 1965. Photo via state Senate

By Rachel Vick

Inspired by a docuseries examining the murder of Malcolm X, State Sen. James Sanders Jr. has introduced two bills to reopen Civil Rights Era cold case investigations in order to bring justice to families and communities of color.

Sanders announced the legislation at an event in Harlem marking the 55th anniversary of Malcolm X’s assassination last month. The Netflix series “Who Killed Malcolm X” prompted the Manhattan District Attorney’s Office to begin a new investigation into the case — a mission of Sanders’ for the past five years. 

“My personal life was turned around by Malcolm X,” Sanders told the Eagle. “The assassination never sat well with me, and what made it more horrendous were the obvious flaws and a rush to judgement and a non-investigation.” 

Sanders first called on Manhattan DA Cy Vance to open the investigation in February 2015. 

“No matter how many decades have passed since the death of El-Hajj Malik El-Shabazz, those responsible must be prosecuted to the fullest extent of the law,” Sanders said at the time. “Justice must be served.”

The initial investigation resulted in the conviction of three members of the Nation of Islam, the organization from which Malcolm X had defected. Only one of the three defendants ever confessed to the crime, and, in fact, he named other co-conspirators in sworn affidavits. Scholars say the crime scene investigation and ensuing prosecution were rushed.

The Netflix series has generated a broader public awareness of the circumstances surrounding the murder of Malcolm X, a civil rights icon who lived in East Elmhurst at the time of his death. 

The series historian Abdul Rahman-Muhammad said he took on the task of interviewing witnesses and collecting information to ensure the cases was not forgotten.

“Once that generation passed away, the story would have been lost forever,” Rahman-Muhammad told  PBS.

Sanders praised Rahman-Muhammad for devoting himself to the project, but said it should not be a lone citizen’s responsibility to conduct the investigation. 

“He did an incredible service for the people of America but impoverished himself in the process,” Sanders said. “Wouldn't it be good if there had been some money to aid investigators to solve these problems? It does beg the question, how does a simple man who started without much training be able to solve one of history's greatest riddles and yet [established law enforcement] agencies were unable.” 

The two bills that Sanders has sponsored, the New York Civil Rights Cold Case Records Collection Act and Malcolm X Unsolved Civil Rights Crime Act of 2020, are modeled after the Emmett Till Unsolved Civil Rights Crime Act, Sanders said.

The legislation would require investigators to re-examine Civil Rights cold cases and provide the funding for law enforcement agencies to thoroughly address cases, while ensuring the preservation of evidence. 

“Just as there’s no statute of limitation for justice for murder or genocide, certain things are important in and of themselves — certain things are a question of justice,” Sanders said. “On the most elemental level it's important that New York says there will be no unsolved murders in our jurisdiction.” 

Malcolm X was shot multiple times while speaking at the Audubon Ballroom in Harlem in February of 1965. Three members of the Nation of Islam, were arrested and charged with the murder that came just one week after his home in Queens was firebombed. 

“Here, two men were imprisoned, many of us believe falsely, while guilty parties were able to roam about,” Sanders said. “We need to ensure that guilty people take their rightful place in jail and innocent people, while they can't get those 20 plus years back, they can certainly clean their name up for the future.”

“A justice delayed need not be justice denied.”