MY NAME is Mary Phagan-Kean and I am the great-niece and namesake of “Little Mary Phagan,” the thirteen-year-old girl who was raped and murdered by B’nai B’rith leader Leo Max Frank on April 26, 1913.
Leo Frank, who admitted he was the last person to see Mary alive, was the factory manager at the National Pencil Company, which then stood where the Sam Nunn federal building stands today, and where Mary worked — and was killed.
On August 25, 1913, after a month-long trial, Leo Frank was found guilty by a jury of his peers, and on the next day, he was sentenced to hang for the murder of his young employee.
The Frank case is no “cold case.” Mary’s killer was not James Conley, the state’s star witness against Frank. The State of Georgia proved beyond any reasonable doubt that Leo Frank alone murdered Little Mary Phagan.
Where the Phagan Family Stands
The Phagan family has no objection to anyone expressing their opinions about the Frank case, but we do insist that organizations and personal campaigns not distort the truth and facts to use this case for their own political purposes. For over 100 years, each passing decade brought with it “new historical evidence” falsely claiming to exonerate Leo Frank. The Phagan family has stated since 1982 that if there were clear-cut evidence to clear Frank of this heinous crime, we would come forward and ask for exoneration. However, such historical evidence has never come to light. Rather, there are considerable data, extensive documentation, revealing archival material, and legal, court, and government records that only support and even strengthen the guilty verdict.
Facts of the Case
The fact is that Leo M. Frank was found guilty under Georgia law with facts and evidence, not with political bullying. The good people of Georgia can make up their own minds about Leo Frank’s innocence or guilt by delving into the historical records themselves.
Having researched the Frank case, including spending thousands of hours examining court records, newspaper reports, and private and public archives, I ask you to please consider the following facts:
The Crime and the Evidence
On Saturday April 26, 1913, Frank used the opportunity of a deserted factory and his power as the company boss to lure Little Mary Phagan to a back area of the factory and attempt to sexually assault her. Mary resisted and in the struggle Frank struck her and knocked her unconscious, and then strangled her to death. He left a trail of clues leading to him, so within a few days of the murder he was arrested. Evidence showed that the murder was sexually motivated, and many of Leo Frank’s own female employees testified to Frank’s history of sexual harassment. They testified that he “got too familiar,” “put his hands on” them, tried to corner them, and proposed sexual acts in exchange for money to them. These teenagers bravely took the witness stand and spoke of Leo Frank’s lewd behavior.
Witness Accounts
Sixteen-year-old Nellie Wood told the court how Frank had pushed himself against her and touched her breast. Fourteen-year-old Nellie Pettis, a witness for the defense, recounted how Frank had propositioned her for sex. Twenty girls in all gave similar testimony about Frank’s improprieties. Several male employees described how they had witnessed Frank “rub up against” young female workers “a little too much.” The testimony was so explicit that the judge had to clear the courtroom of women.
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