Decision of the Georgia State Board of Pardons and Paroles Denying Exoneration to Leo Frank, Issued December 22, 1983, Relating to the 1913 Strangulation Murder of Mary Phagan

STATE OF GEORGIA STATE BOARD OF PARDONS AND PAROLES FIFTH FLOOR, EAST TOWER FLOYD VETERANS MEMORIAL BUILDING 2 MARTIN LUTHER KING, JR. DRIVE, S.E. ATLANTA, GEORGIA 30334 DECISION REGARDING THE APPLICATION FOR A POSTHUMOUS PARDON FOR LEO M. FRANK On August 25, 1913, Leo M. Frank was convicted in the Superior Court of Fulton County for the murder of Mary Phagan and sentenced to death by hanging. His case was appealed through both the state and federal courts, but the conviction and sentence were ultimately upheld. On June 21, 1915, Governor John M. Slaton commuted Frank’s death sentence to life imprisonment. Less than two months later, on August 17, 1915, a mob forcibly removed Frank from the state prison at Milledgeville, transported him to Cobb County, and lynched him. On January 4, 1983, the State Board of Pardons and Paroles received a joint application from the Anti-Defamation League of B’nai B’rith, the American Jewish Committee, and the Atlanta Jewish Federation seeking a full, posthumous pardon to exonerate Leo M. Frank. The applicants were informed that a pardon would only be considered if compelling, irrefutable evidence established Frank’s innocence beyond reasonable doubt, and that the burden of producing such proof rested entirely upon them. REVIEW OF EVIDENCE The principal new evidence submitted in support of the application was an affidavit from Alonzo Mann, dated March 4, 1982. Mann stated that on April 26, 1913, he saw Jim Conley carrying what appeared to be the body of Mary Phagan inside the National Pencil Company building and that Conley threatened to kill him if he spoke of it. Even if accepted as true, Mann’s account merely confirmed a finding Governor Slaton made in 1915—that the elevator was not used to move the body. Thus, Mann’s statement did not constitute new or conclusive evidence concerning Frank’s guilt or innocence. The Board also reviewed the complete trial transcript obtained from the Supreme Court of Georgia, along with numerous letters and legal briefs submitted by individuals and organizations both supporting and opposing the pardon request. FINDINGS AND CONCLUSION After a detailed and impartial review, the State Board of Pardons and Paroles recognizes the lynching of Leo M. Frank as a grievous injustice and a lasting blemish on the history of the State of Georgia. Nevertheless, the evidence submitted does not conclusively establish Frank’s innocence. Given the passage of more than seventy years and the loss of all key witnesses, the Board finds it impossible to determine the truth of the matter with certainty. The records currently available do not provide sufficient grounds to justify a posthumous exoneration. Accordingly, the State Board of Pardons and Paroles denies the application for a posthumous pardon for Leo M. Frank. AN EQUAL OPPORTUNITY EMPLOYER BOARD MEMBERS Mobley Howell, Chairman Mrs. Mamie B. Reese, Member James T. Morris, Member Michael H. Wing, Member Wayne Snow, Jr., Member You can check out the 2025 newly revised book of Mary Phagan and Leo Frank Case from the 1987 older version by Mary Phagan-Kean, Now Available on Amazon Books. WEBSITE: www.LittleMaryPhagan.com