1921 Tulsa Race Massacre: Criminal charges likely impossible today, legal expert tells mass graves committee

“We know crimes were committed on a large and almost unprecedented scale. The question is who can be held accountable today,” said Bill Kellough, attorney and former Tulsa County presiding district judge.

“In my opinion, there are no criminal charges possible now,” he said.

However, Kellough added, “I want to emphasize that this does not preclude the possibility of money damages. I wouldn't want to give anyone the impression that I'm suggesting that (civil) cases have no merit.”

Kellough was speaking at the regular monthly meeting of the committee overseeing the city’s investigation into possible unmarked burials from the massacre, which invited him to address the possibility of future criminal prosecutions.

For most of the crimes that the massacre involved — murder, manslaughter, assault and arson — “all of those have one thing in common, and this is the important point that I have to make tonight,” he said. “They require a live human defendant for there to be an action by the state of Oklahoma in prosecuting those felonies.”

Kellough spent most of his time discussing the possible criminal liability of the city of Tulsa, Tulsa County and state of Oklahoma.

Government entities can in theory be charged with criminal misconduct and face possible fines, he said.

“But the crimes that relate to the Greenwood massacre are not in my opinion the kind of crimes that governmental entities are able to commit,” he said.

The state’s conspiracy law could well apply to the massacre, Kellough said.

“In theory, the government entities in the Greenwood case could be considered as co-conspirators, along with the persons who committed the acts,” he said. “However, in my opinion, the statute of limitations for conspiracy, which is three years from the date of the commission of the crime, would prevent charges being filed.”

City officials updated plans for the investigation’s next phase at the meeting and said they are on pace to begin June 1 with the excavation and exhumation of remains at Oaklawn Cemetery.

Last fall, researchers found what they said appear to be 12 badly decomposed coffins in what was once Oaklawn’s Black paupers’ field.

They are believed to contain the remains of Black men killed in the May 31-June 1 fighting.

Records indicate that at least 18 African Americans killed in the massacre were buried in Oaklawn.

Officials said they are seeking volunteer “cultural monitors” to assist with the phase, and they asked committee members if they’d like to sign up.

“Basically, you will be overseeing what's going on, consulting in the decision-making, and really ensuring that things are being handled with respect and dignity,” Rodrigo Rojas, the mayor’s deputy chief of staff, told the committee.

Kellough praised the oversight committee for its efforts.

“You are doing important work in the community,” he said. “And I want to applaud and commend you on being very thorough in your investigation of everything that went on in those terrible days of 1921 and the consequences of those events.”