FD-448
Transmit attached by Facsimile – UNCLAS
Precedence: Immediate
To: Director (Attn: CID – Personal Crimes Unit)
From: San Francisco
Subject: RYMUR
Date: 10/10/80
Indictment 89-4286
Special handling instructions: Handcarry to supervisor [name deleted], Personal Crimes Unit, x4294.
[Page 2]
In the United States District Court
for the Northern District of California
United States of America, Plaintiff,
v.
Lawrence [Laurence] John Layton, a.k.a. Larry Layton, Defendant
No. CR-80-416 RFP
ORDER UNSEALING INDICTMENT
For good cause, the indictment herein is ordered unsealed.
Dated: October 10, 1980.
Samuel Conti
United States District Judge
[Page 3]
G. William Hunter
United States Attorney
Attorney for Plaintiff
In the United States District Court
for the Northern District of California
United States of America, Plaintiff,
v.
Lawrence John Layton, a.k.a. Larry Layton, Defendant
Criminal No: [blank]
VIOLATION: Title 18, United States Code, § 351 (D) – Conspiracy to Murder; § 351 (A), 2 – Aid and Abet Murder of Congressman; § 1117 – Conspiracy to Murder an Internationally Protected Person; § Section 1116 (a), 2 – Aid and Abet Attempted Murder of an Internationally Protected Person
INDICTMENT
COUNT ONE: 18 USC, § 351 (D) – Conspiracy to Kill a Congressman
THE CHARGE
The Grand Jury Charges: That
1. (a) From a date unknown to the Grand Jury and continuing through on or about November 18, 1978, within the settlements of Jonestown and Port Kaituma, the Republic of Guyana, the Northern District of California, and elsewhere, in order to prevent disclosure of conditions at Jonestown, Lawrence John Layton, a.k.a. Larry Layton, defendant herein, did knowingly, willfully, and unlawfully conspire and agree together with James Jones, a.k.a. Jim Jones; Joseph Wilson, a.k.a. Joe Wilson; Thomas Kice, a.k.a. Tom Kice; Robert Kice, a.k.a. Bob Kice; Wesley Breidenbach; Edward Crenshaw, a.k.a. Ed Crenshaw, and other co-conspirators both known and unknown to the Grand Jury, to murder United States Congressman
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Leo J. Ryan, as well as members of his party and one or more of the residents of Jonestown, in violation of 18 USC §351 (a).
(b) At all times during the period of this conspiracy, Leo J. Ryan was a Member of the Congress of the United States, being elected to the US House of Representatives from the 11th Congressional District of the State of California, a district which is within the Northern District of California.
The Conspirators
2. (a) At all times during the period of the conspiracy, Peoples Temple was an organization composed primarily of American citizens and it had a settlement known as Jonestown located in the Republic of Guyana, where a large number of its members lived. At all times during the period of the conspiracy, the defendant, Larry Layton, was a member of the Peoples Temple.
(b) At all times during the period of the conspiracy, Jim Jones was the leader of the Peoples Temple and lived in the Jonestown settlement.
(c) At all times during the period of the conspiracy, Joe Wilson, Tom Kice, Bob Kice, Wesley Breidenbach, Ed Crenshaw and other co-conspirators both known and unknown to the Grand Jury were members of the Peoples Temple and lived in the Jonestown settlement.
The Means Used By The Co-Conspirators To Further The Objects Of The Conspiracy
3. It was a part of said conspiracy that members of the conspiracy would and did perform the following functions:
(a) Jim Jones, the leader of Peoples Temple, acting together with other co-conspirators, would and did agree to and in order the assassination of Congressman Leo J.
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Ryan and members of his party, and initiated acts which resulted in the deaths of members of Peoples Temple in Jonestown, including the name co-conspirators.
(b) Defendant, Larry Layton, a member of Peoples Temple, would and did falsely represent himself to the Ryan party as a defector from Peoples Temple so as to accompany them out of Jonestown, and to carry out his role in the conspiracy to kill Congressman Leo J. Ryan and members of his party.
(c) Joe Wilson, a member of Peoples Temple, would and did accompany the Ryan party to the Port Kaituma airstrip on November 18, 1978, and pass a gun to Layton, and later participate in the killing of Congressman Leo J. Ryan and members of his party.
(d) Tom Kice, Bob Kice, Wesley Breidenbach, Ed Crenshaw and other co-conspirators, all members of Peoples Temple, would and did commence shooting Congressman Leo J. Ryan and members of his party at the Port Kaituma airstrip on November 18, 1978, for the purpose of murdering them.
(e) Defendant, Larry Layton, would and did commence shooting other members of Congressman Leo J. Ryan’s party for the purpose of murdering them.
(f) Joe Wilson, Tom Kice, Bob Kice, Wesley Breidenbach, Ed Crenshaw and other co-conspirators of Layton, all members of Peoples Temple, would and did return to Jonestown following the shootings to conduct and supervise executions and suicides of members of the Peoples Temple.
Overt Acts
4. In furtherance of the conspiracy and to affect its objects, the following overt acts, among others, were committed in the Republic of Guyana and the Northern District of California:
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(a) In the early part of November 1978, Timothy Carter, a member of Peoples Temple, traveled to the Northern District of California, and made contact with former members of Peoples Temple, some of whom were planning to visit Guyana with Congressman Leo J. Ryan.
(b) In the early part of November 1978, the Peoples Temple settlement in Jonestown obtained a quantity of poison.
(c) On or about Thursday, November 16, 1978, Jim Jones gave a speech concerning the visit of Congressman Ryan to the members of Peoples Temple membership in Jonestown.
(d) On or about Friday, November 17, 1978, members of Peoples Temple in Jonestown conducted an “alert” in anticipation of the arrival of Congressman Leo J. Ryan.
(e) On or about Saturday, November 18, 1978, Jim Jones met with Larry Layton, Joe Wilson, and others, before Congressman Leo J. Ryan left Jonestown for the Port Kaituma airstrip.
(f) On or about Saturday, November 18, 1978, Larry Layton told Congressman Leo J. Ryan and Jacqueline Speier that he was defecting from Peoples Temple.
(g) On or about Saturday, November 18, 1978, members of Peoples Temple, armed with firearms, ran toward a tractor-trailer.
(h) On or about November 18, 1978, Larry Layton met with Joe Wilson at the Port Kaituma airstrip.
(i) On or about November 18, 1978, co-conspirators of defendant Layton directed rifle and pistol fire at Congressman Ryan, Richard Dwyer, and other members of Congressman Ryan’s party.
(j) On or about November 18, 1978, Larry Layton shot Monica Bagby and Vernon Gosney at the Port Kaituma airstrip.
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(k) On or about November 18, 1978, at the direction of Jim Jones, a container of liquid mixed with poison was placed in the pavilion area of Jonestown.
(l) On or about November 18, 1978, Joe Wilson, Tom Kice, and others returned to Jonestown after participating in the murders and shootings at the Port Kaituma airstrip.
All in violation of Title 18, United States Code, Section 351 (d).
COUNT TWO: (18 USC, § 351 (a) – Aid and Abet Murder of Congressman
The Grand Jury further charges: That
On or about November 18, 1978, in Port Kaituma, Guyana,
Laurence John Layton, a.k.a. Larry Layton, defendant herein, did unlawfully, knowingly, willfully, maliciously, and with premeditation, aid, abet, counsel, assist, and cause the murder of United States Congressman Leo J. Ryan, as defined in 18 USC §1111(a), in violation of Title 18, United States Code, Sections 351 (a) and 2.
COUNT THREE: (18 USC, § 1117 – Conspiracy to Kill an Internationally Protected Person)
The Grand Jury further charges: That
On or about November 18, 1978, in the Republic of Guyana,
Laurence John Layton, a.k.a. Larry Layton, defendant herein, did knowingly, willfully, and unlawfully conspire and agree together with co-conspirators Jim Jones, Joe Wilson, Tom Kice, Bob Kice, Wesley Breidenbach, Ed Crenshaw and other co-conspirators both known and unknown to the Grand Jury, to murder Richard C. Dwyer, Deputy Chief of Mission for the United States in the Republic of Guyana, an internationally protected person within the meaning of 18 USC §1116 (b) (4) (B), in violation of Title 18, United States Code, Section 1116 (a).
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The Grand Jury realleges, as the means used by the co-conspirators in furtherance of the conspiracy, all of the allegations of paragraph 3 (a)-(f) of Count One as though fully set forth herein.
The Grand Jury further realleges, as the overt acts committed in the Republic of Guyana in furtherance of said conspiracy, all of the allegations of paragraph 4 (e)-(l) of Count One as though fully set forth herein.
All in violation of Title 18, United States Code, Section 1117. Book
COUNT FOUR: (18 USC, § 1116 (a), 2 – Aid and Abet Attempted Murder of an Internationally Protected Person)
The Grand Jury further charges: That
On or about November 18, 1978, at Port Kaituma, Republic of Guyana,
Laurence John Layton, a.k.a. Larry Layton, defendant herein, did unlawfully, knowingly, and willfully, aid and abet, counsel, assist and cause the attempted murder of Richard C. Dwyer, Deputy Chief of Mission for the United States in the Republic of Guyana, an internationally protected person within the meaning of 18 USC §1116 (b) (4) (B), in violation of Title 18, United States Code, Section 1116 (a), 2.
A True Bill.
/s/ [blank]
Foreperson
J. William Hunter
United States Attorney