It should be pointed out that Walker, a local right-winger, figured prominently in the Warren Commission investigation. They reported that on the basis of available evidence, it was most probable that Lee Oswald had made an unsuccessful assas-— Sination attempt on Walker's life. Getting back to Krystinik and the contents of the F.B.I. report marked Warren Commission document number 75, we find that Oswald and Krystinik that evening got into a heated discussion of the merits of communism versus capitalism. After- wards they are reported to have gone their separate ways. Krystinik, accompanied by his wife, did something out of routine for a devout Catholic who neither smoke nor drank. In the ten years of their marriage, Mr. and Mrs. Krystinik had never been to a nightclub. On the same evening that they met Oswald, they decide to see the floor show at the Carousel Club. The report indicates they saw but did not speak with the club manager, Jack Ruby. When Krystinik testified before the Warren Commission, he was not questioned regarding the contents of this F.B.I. report. A member Of our staff has made initial contact with Krystinik who is still residing at the same place as when he testified before the Warren Commission. Another example of possible leads made available through researching F.B.I. documents which the Warren Commission had is the case of Dr. Orlando Bosch. Numerous publications have recently focused on the terrorist activities of this man who is perhaps the most infamous anti-Castro activist. Bosch is currently in Venezuela awaiting trial for the bombing of a
Cuban airliner. American officials are seeking to question him in connection with the murder of Orlando Letelier here in Washington last September. . Our attention was brought to Dr. Bosch through an indexing of F.B.I. documents first made publically available at the National Archives in 1975. An unidentified P.B.i. in- formant was reported on November 22, 1963, to have advised that two brothers in San Juan, Jimmy and Victor Bosch, sup- posedly had knowledge of the activities between Cuba and the U. S. Upon interview Jimmy Bosch, who runs a nightclub, denied any knowiedge of the assassination. Victor Bosch, an attorney, refused interview. We attempted to pursue Warren Commission records by referring to various indices within that record group. The largest of these, compiled by the Secret Service, has some 80,000 entries. Unfortunately, their entries refer to Secret Service numbers assigned to Warren Commission documents and no translation is provided between the two. Under Bosch, there are three separate entries. Two of them refer to the documents indexed and previously discussed. The third entry is for Dr. Orlando Bosch and lists simply a Secret Service number. This confirms that Dr. Bosch was of interest to the Warren Commission and after extensive searching of non-indexed materials, we have located that reference in a Secret Service document. It seems that at the time of President Kennedy's last trip to Miami, Dr. Bosch organized a demonstration in an effort to embarrass the Preisdnet. The manner in which this document has been tracked down is a good example of how new leads can be culled from
previous investigations where significance was not apparent. There is in addition to the Bosch lead here an added utility. An individual to whom we have made previous reference in brief- ing memoranda, one Diaz Lanz, a/k/a Pedro Luis Diaz-Lanz, is mentioned here as someone suspected of an attempt to embarrass the President on his November 18, 1963, visit to Miami. Lanz, a member of Cuban Brigade 2506, defected from Cuba with Frank Sturgis and later joined with him on leaflet bombing missions over Guba. As a follow-up on these leads regarding Bosch and Lanz our research staff plans to expand a document search concerning them at each of the investigative agencies.
II. Secret Service As with the assassination investigative records of the FBI, the Secret Service records we have examined are housed both at the National Archives and at their headquarters. Per- sonnel at the Secret Service have advised that all of their original records were sent to the Warren Commission and National Archives. What remains at the Secret Service head- quarters is post-Warren Commission investigative files and sorrespondence. Most of their copies of materials were destroyed in what they explain to be normal records destruction procedures. For these reasons the total Secret Service headquarters files on President Kennedy's assassination are small in comparison to those of the Warren Commission's chief investigators, the FBI. Indexing and abstracting of nineteen numbered documents with varying respective titles is nearly complete. These fill four file drawers and are a combination of documents supplied the Warren Commission and up to date records of the investigation which was never oficially closed. In addition to the numbered documents there are file folders containing correspondence with numerous researchers, file folders containing miscellaneous reports and files of news articles. Following is a brief des- cription of the numberéd documents reviewed so far. Document #1 DeMohrenschildt's Administrative Profile by Secret Service Document #2 Mark Lane correspondence, background Document #3 Lee Harvey Oswald, Administrative Profile
Document #4 Oswald, Marguerite, Administrative Profile, includes regular check-ups Document #5 Oswald, Marina, Administrative Profile Document #6 Robert Oswald (file destroyed) Document #7 Pic, John E., Administrative Profile of Oswald's half brother. pocument #8 Ruby, Jack, Administrative Profile Document #9a Commission correspondence since 1/65, items #1 to #45. Document #10 Dallas T.V. tape Document #11 J.F.K. medical reports Document #12 Other agency reports Document #13 Statements of Special Agents assigned to Dallas Document #14 Dallas Police Department, folders #1 and #2, items #1 to #9 and #1 to #28. A possible significant lead with respect to the Secret Service investigation of the assassination was discovered when a pair of newly available Warren Commission internal memoranda was compared against previously published testimony. Robert Inman Bouck, head of the Protective Research Section of the Secret Service at the time of President Kennedy's assas-— Sination testified before the Warren Commission in April of 1964. Counsel Sam Stern questioned him regarding the Secret Service's liaison arrangements with other federal agencies, noting that Bouck had earlier said he thought they were satisfactory and supplied the sort of information needed by Protective Research. Bouck was asked why Oswald had not come to their attention. He responded by saying no one knew enough about Oswald to judge him to fit Secret Service criteria of presenting a threat to the President; including the fact that he had a vantage point on the the motorcade route. Staff has located an internal memorandum by Counsel Stern regarding a March 26, 1964 informal interview with Bouck. That
III CENTRAL INTELLIGENCE AGENCY In their Warren Commission testimony on May 14, 1964, CIA Director John McCone and Deputy Director Richard Helms testified that the substance of all relevant assassination material had been supplied. In light of staff's initial survey of Warren Commission records and documents made avail- able to private researchers under the Freedom of Information Act the sworn statements of these men are of questionable accuracy. According to Warren Commission document Number 49 an FBI agent from the Washington Field Office interviewed Birch O'Neal of the CIA on the day of the assassination. He sought to obtain "any information" in the CIA files on Oswald and was told there was nothing other than that fur- nished them by the FBI and Department of State, That was demonstrably false, particularly with respect to original CIA documents on Oswald's trip to Mexico City. Staff has secured a copy of the Agency's 271-page Document Disposition Index. A legal document, it was supplied under court order in the F,0O.I.A. suit of Bernard Fensterwald. It provides either descriptions of or reasons for withholding documents compiled before the assassination on Oswald and up
“id= to current activities relative to disclosure of their — assassination investigation materials. CIA has provided the staff with copies of approxi- mately 1500 pages of documents which have been made publicly available thus far. This past December, the Chief of Re- search and former Chief Counsel visited Agency headquarters, were briefed on the J.F.K. assassination investigation files and given a tour of their computer facilities. J.F.K. assassination investigation files were described as separate from the Agency's general files and are currently in the process of being computerized. Staff was advised that when appropriate security clearances are granted they will be welcome to visit headquarters and be provided access to all documents. Based on analysis of CIA documents which are non-classi- fied and available both at the National Archives and under the Freedom of Information Act, we are in a position to cite some specific examples of CIA withholding from, and deception, with the Warren Commission. An internal memorandum released under the Freedom of Information Act in 1976 makes reference to Warren Commission requests for information concerning photographs of a man who visited the Russian Embassy and possibly impersonated Oswald.
-ll- This memo, Number 250, advises that "we prefer to wait the Commission out on this one". Another internal memo, dated two days before the testimony to the Warren Commission of the CIA director and deputy director discusses the upcoming appearance. An Agency staffer, whose name is deleted, writes that new information developed in the Mexico City investiga- tion raises a number of new factors. The document, Numbered 298, continues that "this information should not be provided prior to the Deputy Director's appearance since it could well serve as the basis for more detailed questioning". During the joint testimony of Mr. McCone and Mr. Helms, which is found in Volume 5 of the Warren Commission hearings, some rather strong statements were made under oath relative to possible CIA contacts with Oswald. After describing the thoroughness of their record search and staff inquiry, Mr. Helms stated "...there is no material in the Central Intelli- gency Agency, either in the records or in the minds Be any of the individuals, that there was any contact had or even contemplated with him..." (Oswald) According to a CIA memorandum to headquarters on Novem- ber 25, 1963 from an operative who had been following Oswald's activities in the Soviet Union, the accuracy of Mr. Helms' assertions are questionable. He writes that "I had discussed--- sometime in summer 1960.... the laying on of interviews".
-~12- This document, Numbered 173a, goes on to discuss interest in the information Oswald might provide on the Minsk factory where he was employed and anything Oswald was possibly able to contribute in developing foreign personality dossiers. He concludes by saying that at the time he was phasing into his next cover assignment and didn't know what action developed thereafter.
Summary and Conclusions LEE HARVEY OSWALD: The concern of this portion of Oswald's life is simply his activities in Dallas immediately preceding the assassination. It was felt that his activities and relationships in other locales, e.g. New Orleans and the Soviet Union, were covered by other analyses. Furthermore, in terms of the timing of the analysis, it is clear that Oswald moved to Dallas shortly before the assassination, and thus, an exploration of his activities in the period preceding the assassination should reveal his associations and patterns in Dallas in general. These portions of Oswald's life can be most fruitfully broken down in the following scheme: A. Activities on November 22; B. Relations and Associations in the Dallas Community; and C. Employment and Living Arrangements.
The activities of Oswald on the day of the assasSination are the most crucial areas of inquiry in the case. They can best be summarized in outlines of the evidence available at present concerning his activities, as presented by the Warren Commission Report, Exhibits, and testimony. Those outlines are included below and preserted in three analyses: A. Oswald As Lone Assassin This is essentially the evidence used by the Warren Commission to document its conclusion that Oswald was the lone actor in the assassination of both Kennedy and Tippit. B. The Existence of a Conspiracy, Though Not Excluding Oswald as Involved. This is the evidence which indicates the existence of a conspiracy, as collected from the Exhibits and Documents produced by the Commission, and from analyses of the Warren Commission critics. C. Oswald As Not Involved in the Assassination. Although there is some overlap in this outline with (B), The Existence of a Conspiracy, this is a collection of additional evidence which would support
€@ conclusions that Oswald was not involved at all in the events of the assassination. What becomes clear from these analyses is that the next crucial step in this portion of the case is a precise, minute-by-minute chronology of Oswald's activities on November 22. Timing is absolutely essential to the findings of the Warren Commission, and there are substantial areas of doubt about the conclusions reached by the Commission. In particular, the following areas are the most crucial, as well as the least conclusive: (1) Oswald's presence, locations, and activities in the Book Depository; (2) Oswald's escape from the sixth floor, if indeed he were there, and his confrontation with Officer Baker and Roy Truly minutes after the last shot was alledgedly fired; (3) Oswald's trip from the Depository to his rooming house; (4) Oswald's trip from the rooming house to the scene of the Tippit murder; and (5) His arrival at the Texas Theater. Other topics of central concern must remain his activities that morning. Doubt still remains substantial
concerning his transportation of the rifle, and his preparations that morning for the assassination. In this regard, witnesses must be consulted and an attempt made to verify his activities. In this regard, Marina Oswald and members of the Paine and Randle families are most crucial. Linnie Mae Randle was a reliable and perceptive witness who saw Oswald on that morning, and her son was a fellow employee at the Book Depository who often drove Oswald to the Paine home. Attached are outlines of Oswald's activities on November 22, as described above.
LEE HARVEY OSWALD AS ASSASSIN I. PHYSICAL EVIDENCE A. Ballistics 1) 2) 3) CE 399: The bullet was identified as having been fired from the Mannlicher-Carcano rifle found in the TSBD and purchased by LHO. There was a positive identification of the bullet. Furthermore, the bullet was found on a stretcher at Parkland Hospital, providing a crucial link between the victims ard the particular rifle found at TSBD. No other bullet and no other type of bullet was found either with any of the victims or in the limousine, thus pointing to the conclusion that no other rifle were involved. (WR 79, 85, 93, 95) Fragments Found in Limousine As with CE 399, the bullet fragments were positively identified as having been fired from the Mannlicher-Carcano. (WR 76-77, 87) ‘These fragments were also found to be covered by blood and tissue, implicating the rifle. No other fragments were positively identified as having come from any other scarce. (weight: 44.6, 21.0 grains out of 160-161.) Spent Cartridges on the 6th Floor of TSBD Three spent cartridaes, positively identified as havina been fired from the Mannlicher-Carcano were found on the sixth floor of TSBD near the window at which a rifle was seen during the assassination. Although eyewitness reports are inconsistent in terms of the number of bullets fired during the assassi- nation, three spent cartridges, indicating three shots, is consistent with the medical findings. WR 79, 84-85) B. The Mannlicher-Carcano 1) The rifle was found on the sixth floor of a building from which shots were heard. Witnesses identified the window at which the rifle was found as that from which a rifle had protruded during the assassination. The rifle
2) 3) (2) matched the bullet and bullet fragments found with the victims and in the limousine. This rifle was owned by LHO, and there is no evidence showing that the rifle wasremoved from his custojy. There is evidence that LHO transported a package to the TSBD; the package could be consistent with the transportation of a rifle. The package was constructed of materials to which LHO had access in the TSRD. II. TSBD AS THE SCENE OF THE ASSASSINATION A. Autopsy 1) 2) 3) The avtopsies performed on JFK shows that bullets entered from the rear. In varticular, the neck wound shows clearly that JFK was struck from behind. There are minute bullet fragments in the wound, and the clothing shows an inward protrusion caused by a bullet entering from the rear. The head wound shows no clear front entrance wound. There is a rear entrance wound and a massive wound on the right side of the head. This also indicates tnat the bullet came from behind and above the automobile. The trajectories of the paths of the bullets are consistent with shots having been fired from the TSBD. Later tests provide additional confirmation. A number of simulations conducted by the Warren Commission, while not as good evidence as the actual physical evidence, show that the assassination could have occurred in the manner which the physical evidence indicates. Tests demonstrated that it was possible to strike a tarcet several times at the same distance as the car from the TSBED. Furthermore, this could have been accomplished in a short span of time -- the span of time indicated in the Zapruder film as the length of the assassination. B. Eyewitness Identification of the Rifle and Assassin at TSRD Sixth Floor Window 1) A number of eyewtinesses to the event testified that they saw a rifle protruding from the sixth floor of TSRD Curing the assassination. ‘They also saw a man at the window and noticed his movements during the assassination. In particular, witnesses Brennan, Evins, Jarman, and Williams saw or heard the rifle and shots from the sixth floor of TSBD.
III. EVIDENCE LINKING LHO TO THE CRIME A. Presence of LHO at the TSRD During the Assassination 1) 2) 3) LHO was an employee at the TSBD, and thus had access to all parts of the building. He was familiar with the activities of employees there and with the building in general. LHO was seen in the building, and on the sixth floor immediately before the assassination by Givens, a worker in the building. LHO was seen in the building immediately after the assassination as well, and his presence, while not on the sixth floor, can be verified by Baker and Truly. LHO was in the TSBD at the time of the assassination. Indeed, several witnesses, though not strongly credible, testified that they could vaguely identify him as the person in the windown with the rifle. B. Ownership of the Rifle C. Familiarity With Weapsons 1) 2) Although there is dispute as to the degree of expertize, there is no question that LHO was familiar with weapons, both through his military experience and from occasional hunting trips. There is also evidence that LHO actually practiced with the Mannlicher-Carcano. In any case, he owned the rifle for a long enough period to become familiar with the particular rifle. IV. MOTIVATION AND OTHER LINKS TO THE ASSASSINATION A. Tippit Murder 1) The bullets and casings which were involved in the Tippit murder can be traced to LHO. The casings given to the police by an eyewitness match exactly with the gun found on LHO at the time of his arrest in the theater. The bullets cannot be matched exactly, but are consistent with the gun which was found with LHO at the time of arrest.
2) 3) iam iii | (4) The murder of a policeman was viewed by several witnesses who later identified LHO as the person committing the crime. The murder of Tippit provides a necessary link in the guilt of LHO. It establishes that he feared the police, and that he was reacting in an unusual manner. There is no other explanation for the presence of the revolver on his person or for an unusual reaction to a meeting with a policeman. This is especially so since other employees at TSBD did not leave the building and did not react in this manner.
THE EXISTENCE OF A CONSPIRACY: THE INVOLVEMENT OF MORE THAN ONE ASSASSIN, THOUGH NOT EXCLUDING LEE HARVEY OSWALD I. CE 399 DID NOT CAUSE ALL THE WOUNDS ATTRIBUTED TO IT A. CE 399 Was Undamaged and Unmarked 1) CE 399 weighed 158.6 grains out of a possible 160-161 grains. 2) There was testimony, which was undisputed, that there is a standard deviation of 2.0 grains in the weight of that type of manufactured bullets. (Robert Frazier, FBI, 3H 430). Thus, the slight loss of weight in this bullet could be accounted for simply from deviations in manufacture, within statistically permissable bounds. 3) The bullet was devoid of blood, tissue, fabric threads or impressions. A bullet which passed through tissue would leave such marks unless wiped off. Even more jmportant, a bullet would retain the impressions of threads even if wiped. (Testimony of Frazier that the pullet was devoid of blood and tissue at 3H 428-429. Testimony of Joseph Nicol re: lack of threads and impressions from fabric or threads at 3H 505). B. Expert Testimony That CE 399 Could Not have Caused Such Damage 1) Drs. Humes and Flinck testified to the Warren Commission that 399 could not have caused all of the wounds as alleged under the Commission's "single-bullet theory." 2) Drs. Shaw and Gregory termed such an occurrence "unlikely." C. 399 Could Not have Caused Governor Connolly's Wounds 1) CE 399 could not have caused the fracture of the wrist of Connolly. A hard-jacketed bullet of the type of 399 would have been damaged severely upon striking a resistant object such as a wrist bone. Comparisons of 399 with other bullets fired through wrists of cadavers shows this clearly. (HR 139, 141; photograph by
2) 3) 4) 399 National Archives). CE 399 could not have caused the wound in Connolly's thigh, since the fragment left in the leg, while not removed, and thus not weighed, would probably account for more than the total weight of the bullet. For similar reasons, the bullet seems unlikely to have caused the wounds to Connolly's chest. Although within the realm of possibility, it seems likely that breaking a rib would have caused more damage than that exhibited by 399. There is the additional problem of the lack of fiber, threads, or impressions, since the bullet would have passed through cloth. The Zapruder film shows a long delay between the reaction of Kennedy to the wound in his throat and the reaction of Connolly. The film indicates that JFK reacts to the bullet in his back or throat by frame 225 of the film. Although there is dispute, it appears that the wrist was not struck (Connally) until frame 233. The film indicates through this time delay that the wounds were caused by more than one bullet, and additionally, that the delay was too short a time for the Mannlicher-Carcano to be fired twice. (SM 26-29). Could Not Have Caused JFK*s Head Wounds 1) 2) 3) A fairly large bullet fragment was found at the site of the entrance wound in the head. The "Clark Panel" report which was released in January, 1969, demonstrates that a fragment 6.5mm in diameter was found at this alleged entrance wound. This would eliminate 399 as the agent of this wound. (HR 115). The head wound also shows 30 or 40 tiny metal fragments in the head. Humes testified that they were the "size of dust particles." (2H 359). Kellerman testified that the X-Ray showed "a mass of little stars." (2H 100). In addition, a large quantity of brain tissue was missing, raising the inference that a larger number of such small fragments were in the wound. This also eliminates 399 as the agent of these wounds. The laceration of the brain tissue was such that a bullet such as 399 (hard jacketed) could not have caused that damage.
4) 5) Warren Commission simulations of the head shot demon- strate that it is unlikely that one shot from Oswald's position in the TSBD, firing the Mannlicher-Carcano and hard-jacketed bullets, could have caused such damage. The Commission fired Mannlicher-Carcano bullets into ten old skulls filled with gelatin. Of these, only one exhibited damage in any way similar to the head wounds of JFK. This one skull, however, showed no laceration or disturbance of the gelatin (brain tissue simulation). The massive disturbance of JFK's brain indicates that either some other type of bullet were used, or that more than one shot struck JFK's head. The fractures of JFK's head were such that a very high velocity rifle was used in the assassination. Humes testified that the head wounds were typified by a type of high velocity strike which extensively fragmented the bullet and disrupted the skull. (2H 356) The necessary velocity is estimated as higher than 2,700 f.p.s. (HR 120) The Mannlicher- Carcano is a medium-velocity rifle , with a muzzle velocity of roughly 1,800 to 1,900 f.p.s. Could Not Have Caused JFK's Neck Wounds 399 1) 2) 3) Fragment A fragment was found in the back or neck wound at the point of entrance. The slight weight loss of 399 combined with the presence of the neck fragment makes it impossible that 399 was responsible for this damage. Lack of Fibers in Connally's Wound _ There were no fibers found in the entrance wound in Connally's back. The neck bullet clearly passed through JFK's clothing, both in his back (through both shirt and jacket) and possibly when passing through his anterior neck (there is a possible nick in the tie he wore that day}. If 399 had passed through JFK before striking Connally, fibers would have been found in his first wound. Velocity The velocity of the Mannlicher- Carcano was such that merely passing through a 13 cm neck would not have stopped the momentum of the missile. In order to
have stopped, 399 would have had to have struck another object and would thus have sustained more damage than evident from its condition. F. Conclusions 1) 2) The only possible wound which could have been caused by 399 is the back or neck wound of JFK. If 399 did cause this wound, however, it necessitates a finding that all three of the bullets which were allegedly fired from TSBD struck the Presidential limousine. A finding that all three bullets struck a victim raises several problems: (a) It is conceded that a bullet or bullet fragment struck the street and injured a bystander (James Tague). (b) This necessiates thatLHO managed to hit his target three times in an exceptionally small amount of time. Given doubts about his abilities and about the possiblity of any marksmen having such success, this raises the inference of another assassin. (c) The Warren Commission concluded that only two shots could have struck the car and its victims. Their evidence must somehow be rejected or rebutted in order to establish that three shots struck the car. The more reasonable conclusion is that more than one assassin was involved, thus necessitating a conspiracy. In order to account for all the bullets and all the wounds, more than three shots would have to have been fired. II. THERE IS EVIDENCE THAT MORE THAN THREE SHOTS WERE FIRED A. The Mannlicher-Carcano Was Not The Only Weapon Used: Medical and Ballistics Evicdence 1) Fragmentation The extensive fragmentation, especially in the head wound, raises the inference that a soft-lead bullet was used in the fatal shot. The Mannlicher-Carcano bullets were hard-jacketed bullets and would not have fragmented in this manner.
Be 2) The fractures of the head support the conclusion that a very high velocity rifle were used, thus eliminating the Mannlicher-Carcano as the weapon used for the fatal shot. 3) The number of wounds and the evidence that 399 could not have caused all the wounds attributed to it necessitates a conclusion that a second rifle was involved. B. The Mannlicher-Carcano Alone Was Not Capable of Such Performance 1) Quality of the Weapon The weapon which allegedly caused such damage has been described variously as a "cheap old weapon" by expert witnesses. (Latona testimony 4H 29). 2) Dispersion of the Bullets The Mannlicher-Carcano was not a very accurate weapon, and had a dispersion of 12 X 12 cms at 100 meters, a rate which could possibly rise as high as 20 X 20 cms at 100 meters. Renaud de la Taille, Science et Vie (December, 1964): “only a miraculous accident would have enabled Oswald to place his bullets at only 10 cms of dispersion." (That degree of dispersion necessitated by the feat allegedly performed. ) 3) Two-Stage Trigger The rifle found in TSBD had a two-stage trigger, which would have increased the difficulty of the shots allegedly made by Oswald, and rendered his feat even more unlikely. 4) Defective Scope The rifle had a defective scope, and was possibly fitted for a left-handed individual. C. Eyewitness Testimony Indicates That More Than Three Shots Were Fired 1) Kellerman Secret Service Agent Roy Kellerman heard a "flurry of shots" within five seconds of the first noise, 4s@. after the first shot. (WR 50)
2) Amos Euins Euins saw three shots from the TSBD, a-cording to his testimony, but believed that there were four shots fired. 3) Brennan Howard Brennan only heard two shots although he was apparently in a position to have heard all the shots from the TSBD. This indicates that other shots came from somewhere else. In addition, he testified that he saw a “very deliberate aiming" of the rifle in the window of the TSBD. Such a deliberate aiming would Tessen the likelihood that all shots came from that window in such a short span of time. 4) Jarman, Williams, Norman These three witnesses testified that they heard the hots so loudly that " they shook the building." They, however, only heard two shots. If the shots were that apparent, then they should have heard all three, or at least three. Since they did not, there is the inference that other shots came from another location which they could not hear as distinctly. 5) Bennett Glenn Bennet testified that the first shot missed, and that JFK was struck in "rapid succession" by two shots. This indicates that at least two assassins were involved. (WR 111) 6) Other Witnesses Other witnesses to the assassination in the vicinity of TSBD heard five or six shots. (WR 110, n. 334) TII. THERE IS EVIDENCE THAT THE SHOTS CAME FROM OTHER THAN TSBD A. Zapruder Film The Zapruder film at frame 313 et. seq. shows a reaction of JFK's head which indicates that shots or a shot came from in front of the presidential car. The head moved forward, while at the same time debris from the head is evident in the area of the President's head. Shortly thereafter, the head was propelled backward violently, and the air filled with debris from the head. The abrupt and violent
backward reaction of the head implies a strike from the front. (SM 34 ff.) B. Eyewitness Testimony That Shots Came From Elsehwere C. The Grassy Knoll 1) A large number of witnesses reported that they heard 2) shots or saw smoke from the grassy knoll area. (Article, "Fifty-One Witnesses and the Grassy Knol1") Among the credible witnesses who reported such activity are: LEE BOWERS, MALCOLM COUCH, FRANK REILLY, S.M. HOLLAND, ROYCE SKELTION, A.D. McCURLEY, J.L. OXFORD, ALLAN SWEATT, J.C. PRICE, PAUL LANDIS, AND JEAN HILL. (SM 18-21) Deputy Sheriff J.M. Smith found an alleged "Secret Service Agent" behind bushes in the grassy knoll area at 12:36. The "agent" exhibited suspicious behavior and immediately showed credentials to Smith, although he had not asked for them. Records show that no Secret Service agents were remining on the scene at this time, but accompanied the automobiles to Parkland Hospital, staying with the persons whom they were to protect. (SM 26) IV. EVIDENCE THAT LEE HARVEY OSWALD IN PARTICULAR WAS NOT THE LONE ASSASSIN A. Eyewitness Reports 1) 2) 3) Rowland Arnold Rowland saw two men on the sixth floor of the TSBD no more than 15 minutes before the assassination. _Hal ther Similarly, Carolyn Walther saw two men on the sixth floor at roughly the same time. No witness to the actions at the TSBD actually saw and reported that he saw a rifle being discharged. A rifle such as the Mannlicher-Carcano would have shown a discharge if it had been fired during the
time it was being viewed. B. Oswald's Rifle Capability Was Not Equal to the Task Alleged 1) 2) Military Experience LHO's military records indicate that he was not an exceptionally good shot with a rifle. Although he at one time received a fairly high score, his marksmanship was generally regarded as "fairly poor." There certainly is no evidence that he possessed the skill to perform the feat as alleged in the Warren Report, let alone the feat necessitated by the fact of CE 399, as discussed supra. Practice In order to perform ac this level of axpertize, LKO would have had to practice at some point relatively recent in time with the assassination. There is no evi- dence that LHO had the opportunity to practice with the rifle, or that he in fact did so. This conclusion is also indicated that no other bullets for the Mannlicher-Carcano were found in the possession of LHO or in any of his possessions. The Rifle Marksmanship Tests Performed by the Warren Commission Do Not Establish That Any Rifleman, Irrespective Of LHO, Could Have Performed the Assassination in the Absence of a Conspiracy 1) 2) 3) Superior Ability The marksmen used in the simulation by the Warren Commission were of vastly superior abilities to LHO, and cannot be said to stand in his shoes in order to prove that LHO could have accomplished the assassination as a lone gunman. Stationary Targets The targets used in the Warren Commission simulation were stationary. Test Results Even given the fact that the targets were stationary and that the marksmen were superior in ability to LHO, the results were quite poor, both in terms of accuracy and the time taken to fire three shots. They do not strongly recommend that LHO could have fired three shots in such
D. Markmanship rating Target Range Number of shots Firing time (in seconds) Results first shot Results second shot Results third shot a short span of time with such accuracy. RIFLE TEST RESULTS Alleged assassin November 22, 1963 One point above the minimum to qualify as “marksman” on Marine Corps scale in 1959 with no known subsequent rifle practice Moving car, receding from rifleman, moving on slight downgrade, from elevation of 60 feet 180 to 265 feet Three Maximum of 5.6 seconds Hit upper back or neck Missed, or hit Governor Hit head Army tests performed by three ~. Master Riflemen on March 27, 1954 - Rated as Masters by National Rife Association (i.e., at top of scale extending above top Marine Corps marksmanship rank by two or more - classes) and qualified for shooting =. competitions and Olympics Three stationary silhouettes of upper body, on two-foot boards, aiming from 30-foot tower Targets at 175, 240, and 265 feet respectively Two series of three shots each First series Hendrix Staley Miller 8.25 6.75 4.60 Second series 7.00 6.45 5.15 Each of two series Hit Hit Hit Hit Hit Hit Missed Missed Missed Hit Hit Missed Hit Hit Hit Missed Hit Hit Any such conclusion of course, is compunded by the conclusions which must be drawn regarding CE 399. LHO's Alleged Murder of Tippit Does Not Negate A Conspiracy
Eis PHYSICAL A. C LEE HARVEY OSWALD AS NOT INVOLVED IN THE ASSASSINATION OF PRESIDENT KENNEDY EVIDENCE CE 399 1) 2) CE 399 was unmarked and due a large extent, undamaged, weighing 158.6 grains out of a possible 160 to 161 grains. There was testimonyswhich was undisputed, that there is a standard deviation of 2.0 grains in the weight of that type of manufactured bullet. (Robert Frazier, FBI, 3H 430) Thus, the slight loss of weight in the bullet could be accounted for simply from deviations in manufacture, within statistically permissible bounds. Additionally, the bullet was devoid of blood, tissue, fabric threads, or impressions. A bullet would retain the impressions of threads even if wiped off if it had passed through clothing. Problems in the discovery of CE 399 at Parkland Hospital The stretcher upon which CE 399 was supposedly found was handled at several points during the operations at Parkland Hospital. The bullet was not located until sometime after the presidential party had left Parkland. In particular, after Governor Connally was transferred to an operating table, a nurse removed the paraphernalia on the stretcher (sponge, gauze, hypodermic syringe wrappers, role of 1" tape). She then rolled the two sheets on the stretcher, one inside the other, into a small tight package which remained on the carrier. She did not see any bullet or hear one fall to the floor during this procedure. (6H 121-123, SM175) Additionally, the stretchers which had been used to transport both JFK and Governor Connally to Parkland Hospital were left unguarded on the ground floor for a substantial period of time after the two men had been removed from the stretchers. CE 399 was found on the stretcher only after they had been left on the ground floor. Thus, CE 399 was found considerably after the Operations at Parkland Hospital and after the stretchers had been left unguarded in a position which was readily . accessible to the public.
3) 4) mm Dine CE 399 was found by the senior engineer in Parkland ligspital who in turn gave it to the chief of personnel who then transferred it to a Secret Service agent. The SS agent took custody of the stretcher bullet at the hospital and returned to Washington with the Presidential Party. He gave the bullet to his superior, Chief James J. Rowley, and Rowley in turn gave it to an FBI agent. In June,1964, the Warren Commission requested the FBI to establish the chain of possession of the stretcher bullet. All of those who handled the stretcher bullet, however, including the senior engineer, the chief of personnel, the SS agent, and Chief Rowley were unable to make a positive identifi- cation of the stretcher bullet as the bullet found on the day of the assassination. (CE 2011). Evidence That CE 399 Could Not Have Caused Any of the Wounds tc Either Governor Connally or JFK There is substantial evidence that CE 399 could not have caused any of the wounds to either Governor Connally or JFK. If CE 399 did not cause any of the wounds, then there is no reason why the missle would have been in the car or with one of the victims, thus adding to a conclusion that the discovery of CE 399 was less than bcna fide CE 399 could not have caused the fracture of the wrist to Governor Connally. A hard-jacketed bullet of the type of 399 would have been damaged severely upon striking a resistant object such as a wrist bone. CE 399 could not have caused the wound in Connally's thigh either, primarily since the nature of the wound was such that only a fragment rather than a whole bullet could have caused the injury. For similar reasons, the bullet seems unlikely to have caused the wound in Mr. Connally's chest. Although within the realm of possibility, it seems likely that breaking a rib would have caused more damage than that exhibited by 399. CE 399 could not have caused JFK's head wounds for a variety of reasons. First, a fairly large builet fragment was found at the site of the entrance wound in the head. More important, the head wound shows 30 or 40 tiny metal fragments, not only eliminating 399 but also implicating another type of bullet. Additionally, the laceration of the brain tissue was such that a bullet such as 399 (hard jacketed) could not have caused that damage. Finally, the fractures of JFK's head were such that a much higher velocity rifle than the Mannlicher Carcano which Oswald supposedly used was involved.
6) CE 399 could have caused the neck wound to JFK, but the fact that there was apparently no exit for the bullet which caused the back wound, combined with the fact that a bullet fired with the velocity of 399 (1900 feet per second) would have passed easily through JFK's body makes this extremely unlikely. There is thus no explanation for the presence of 399 in the car or with the victims, barring a demonstra- tion that 399 somehow became lodged in the Presidential limousine without having passed through any of the victims. The Bullet Fragments Found in the Presidential Limousine Do Not Implicate Oswald in the Crime rr Sr gen ee ace a eae age eee eres eng ng ey fu The bullet fragments which were found in the Presi- dential limousine, weighing 44.6 and 21.0 grains,do not provide a link between Oswald and the crime. The fact that this evidence as well does not link him to the assassination is further evidence that he wes not involved in the crime. First and most important, the bullet frag- ments which were found were covered with blood. Yet, according to the Warren Report, these fragments could not have caused any of the wounds to either JFK or Connally. All of the wounds except JFK's head wound are attributed by the Commission to CE 399. Since the fragments were covered with blood, the Warren must necessarily conclude that the fragments came from JFK's head wound. Yet, the other evidence, including the laceration of the brain tissue and the large number of fragments in the head implicates another type of bullet, not a bullet which separated into several very large fragments. Again, since there is no reason for the presence of the fragments in the Presidential Limousine, a question is raised concerning bona fide nature of the fragments and their use as evidencé against Oswald. This conclusion is enhanced by the fact that these bullet fragments were found very much later in the evening on November 22, 1963. They were not discovered with a victim, but were found many hours later, and after ample cpportunity to manufacture evidence. Furthermore, Spectrographic analysis which was undertaken of the bullet fragments proved inconclusive; no other scientific tests were performed on the fragments and no attempt was made to link the fragments with other fragments found with the victims.
The Empty Mannlicher-Carcano Shell Casings Even if the empty shell casings found on the 6th floor of the Texas School Book Depository were in fact fired from the Mannlicher-Carcano rifle, there is no necessary link between these empty shell casings and the victims. Furthermore, there is no evidence that these shell casings were fired on November 22, 1963. In addition, there were irregularities in the photographing of their place of discovery on the 6th floor of the Texas School Book Depository and in their finding by the police. The Mannlicher-Carcano Rifle 1) The medical evidence shows that it is possible that all of the wounds to both JFK and Connally were caused by another type of bullet and another type of rifle. 2) The ownership of the rifle was not proved conclusively to be that of Lee Harvey Oswald. Although purchased under the name A. Hidell, this name could have been used by others with access to Oswald's alias. 3) A crucial piece of evidence in the case against Oswald was the discovery of the brown paper package allegedly used to transport the rifle to the Texas School Book Depository. This package, however, had no oil stains and there were no creases in the pack- age in locations which should have showed such marks if a rifle had been transported in that period. 4. Oswald was in fact seen with the package on November 22 at the Texas School Book Depository. The best and most consistent testimony on that point, however, was that the package transported by Oswald on that day was much shorter than the Mannlicher-Carcano rifle. ‘Limie Mae Randle who witnessed Oswald's arrival at the Texas School Book Depository that morning, maintained consistent testimony, through several demon- strations as well, that the packaged Oswald carried was 27" long. Palmprint on the Rifle The Warren Report relied heavily upon a palmprint of Oswaldfound on the Mannlicher-Carcano rifle discovered on the 6th floor of the Texas School Book Depository. Serious doubts must be raised, however, about the authen- tisity of this palmprint, since there were irregularities in the lifting of the print. The FBI, which took custody of the rifle, did not find any worthwhile prints upon close inspection. The print which was alleged to be that of
-5- Oswald was not discovered until much later, after the rifle had been returned to the Dallas Police. The print was not sent to the FBI from Dallas until November 26, 1963,and did not arrive until much later. Furthermore, the Dallas Police did not check the rifle for powder marks or for any metal fouling, so tnat there is no varification that that particular rifle was in fact fired on November 22, 1963. Bs The Rifle was First Identified as a 7.65 Mauser Those who first discovered the rifle on the 6th floor of the Texas School Book Depository identified the gun as a 7.65 Mauser, rather than a Mannlicher-Carcano rifle supposedly belong to Oswald. Deputy Constable Seymour Weitzman, who along with Sheriff Boone discovered the rifle during a search of the 6th floor of the Depository, signed an affiadavit for the Dallas Police in which he stated that "this rifle was a 7.65 Mauser bolt action equipped with a 4/18 scope, a thick leather brownish-black sling on it." (CE 2003, page 63) G. The Serial Number of the Mannlicher-Carcano Rifle Found on the 6th Floor was not Distinctive The serial number of the Mannlicher-Carcano Rifle, C 2766, is not distinctive, but rather can apply to a number of similar weapons, possibly possessing the same serial number. The possibility that more than one such rifles exists makes specific identification of the rifle from the serial number alone impossible. II. THE TEXAS SCHOOL BOOK DEPOSITORY WAS NOT THE SCENE OF THE ASSASSINATION A. The Grassy Knoll 1) The clearest demonstration that the shots came from the front is the Zapruder film. In particular frames 313 et.seg.showa reaction of JFK's head which indicates that shots came from in front of the Presidential car. The abrupt and violent backward reaction of the heaGd implies a strike from the front. In addition, the action of JFK grasping his throat at frames et. seg.is also consistent with shots coming from in front of the Presidential car. 2) A large number of witnesses reported that they heard the shots and saw smoke from the grassy knoll area. The testimony of these 51 witnesses, along with reports of suspicious activity in the grassy knoll area is evidence that this location, rather than the Depository, was the scene of the assassination.
-6- B. Eye Witness and Photographic Fvidence 1) Dillard Exhibit C This photograph, which was taken only seconds after the last shot was fired, shows very clearly both the 5th and 6th floors of the Texas School Book Depository, including in the window on the 6th floor allegedly used by Oswald to fire his rifle. In the photograph, several persons are visible looking out the 5th floor window directly beneath the location allegedly used by Oswald. The persons in this window, as demonstrated graphically by the Dillard photo, show absolutely no alarm or surprise and have taken no actions either to escape or to apprehend a gunman, If the shots were loud enough to have been heard below on the street, then they were certainly loud enough for those directly below the shots to have heard, to have been aware of the location of the shots, and to have shown some alteration in emotions. The reactions of these witnesses indicate that the 6th floor of the Depository was not the scene of the assassination at all. 2) Robert Jackson Robert Jackson of the Dallas Herald, who was in the motorcade, saw a rifle protruding on the 6th floor of the Depository only after shots had been fired. It was his feeling that no shots in fact did come from this window, for he saw none even though he was aware of the shots and took photographs of the Depository. 3) Other Witnesses It is significant that no witness testified that he actually saw smoke or a gun shot coming from the 6th floor of the Depository. Even Howard Brennan, whose testimony was relied upon to a great extent by the Warren Commission, did not testify that he actually saw a shot from this location. Indeed, no witness could actually testify that the shots came from the 6th floor. III. LEE HARVEY OSWALD IN PARTICULAR CAN BE PLACED OTHER THAN ON THE SIXTH FLOOR OF THE DEPOSITORY AT THE TIME OF THE ASSASSINATION A. Witness Identifications Before the Assassination 1) Bill Shelley Bill Shelley saw Oswald on the lst floor near a
Bis -J- telephone shortly after 11:45 (he thinks approximately 11:55) on November 22. (7H 390) +4) 2) Ed Piper EG Piper saw and spoke to Lee Harvey Oswald on the ls = oor of the Texas Depository at 12 noon (6H 383). 3) Carolyn Arnold Carolyn Arnold testified that she saw Oswald on the lst floor as late as 12:15. This is at exactly the same time that Arnold Rowland saw a gunman in a window on the 6th floor. In addition, it corroborates Oswald's story that he was on the lst floor eating lunch at this time. Location After the Assassination Oswald's location after the assassination can be pin- pointed with even greater accuracy. Dallas Policeman «Marion Baker and Roy Truly, manager of the Depository, found Oswald in the 2nd floor lunch room within 90 seconds after the last shot. In addition, Oswald was found in the vestibule of the lunch room, a position which is consistent only with,having come up to the lunch room from the lst floor, which is consistent with Oswald's version of the events. In addition, several witnesses testified that the gunman in the 6th floor window withdrew the rifle from the window “very deliberately", and all state that the rifle remained in the window for some time after the last shot. This delay, coupled with the position of the Mannlicher- Carcano rifle when it was found (hidden beneath cartony) makes it impossible for Oswald to appear less than 90 seconds later on the 2nd floor. Furthermore, when approached by Officer Baker, Oswald was “calm and collected", according to both Baker and Truly, even though Baker Accosted him with a drawn gun. Oswald showed no emotion and did not react in an unusual manner less than 90 seconds after the last shot had been fired. Oswald reaction at this time is significant evidence of his innocence. The WC relied very heavily upon Oswald's later alleged murder of Officer Tippit _ in order to show a feeling of guilt on Oswald's part for his earlier assassination;.his-"unusual" reaction to being approached by a policeman was used by the Commission as evidence of his guilt of an earlier crime.
TVs 4) Early Police Radio Broadcast Finally, in terms of identifying Oswald as the assassin on the afternoon of November 22, 1963, the police broadcast a description of th Oswald over the radio before they had talked to any witnesses or received a description from Howard Brennan, thus suggesting advance knowledge. At best it is an unusual circumstance. TIPPITT MURDER The Tippit murder was a key link in the chain of evidence used by the Warren Commission. According to the Warren Report, the killing of Tippit showed guilt and apprehension, thus Z fear of the police. The issue of the murder of Tippit, however, is a separate matter, for it could have implications other than those which were concluded by the Warren Commission and which are unrelated to the Kennedy assassination. It is clear, though, that in terms of demonstrating guilt for an earlier assassination of the President, the Tippit_ murder is not persuasive, given the earlier reaction to Officer Marion Baker in the Depository.
sale Yet the Tippit murder took place almost 1 hour after assassination. The confrontation with Baker and Truly took place less than 2 minutes after the assassination, yet Oswald showed no emotion, let alone that which might be termed “unusual"“. Indeed, it is very surprising that Oswald, when confronted by officer Baker with a drawn gun, should remain "calm and collected", yet sometime later when similarly approach led by an officer should react with murder. . Altgens Photograph The Altgens photograph, taken of the Depository as the motorcade passed, shows a figure on the steps which closely resembles LHO. Although this person has been identified as Billy Lovelady, doubt must remain sub- stantial. This photograph corroborates Oswald's version that he was on the Ist floor when the motorcade passed. No Identification or Description of Oswald at the Sixth Floor Window was Given L) Howard Brennan Although Howard Brennan was relied upon to a great extent by the Warren Commission in terms of identifying Oswald at the 6th floor. window, his description can have little probative value. In the first place, Brennan was nearsighted and was not wearing his glasses. Second, the description which Brennan gave to the police varied substantially from Oswald's actual appearance. Finallv, his later lineup identification of Oswald was clouded by having viewed Oswald on television in the interim. 2) Arnold Rowland Arnold Rowland testified that he saw a Negro man in the southeast corner of the 6th floor of the Texas School Book Depository, not Oswald, who varies sub- stantially from that description. 3) Amos Euins Euins, as well as Rowland, testified that he saw a Negro man on the 6th floor of the Depository building.
TI. RELATIONS AND ASSOCIATIONS IN THE DALLAS COMMUNITY The relations and assocations cf Oswald in the Dallas community is a topic which can be dealt with rather quickly, though questions may be raised concerning the nature of the investigation which the Warren Commission undertook. Their evidence shows, however, that Oswald had few connections of any kind in Dallas. He was a loner, who was described by those who made his acquaintance in Dallas as rather unpleasant. Essentially, his associations in Dallas were with other members of the White Russian community. Those few contacts which he made were usually with his wife Marina. With one exception, those interviewed by the Warren Commission liked Marina and did not like Lee. They thus avoided contact with him, and knew little or nothing of \Q his personal life and personal views. Their testimony is presented, in the short form which it deserved considering Oswald's contacts with other human beings, in Volume 23 of the Commission hearings and exhibits. Also central in this regard is the testimony of Marina Oswald, who did not like Lee at the time, and who may have had ulterior motives in giving portions of her testimony (i.e. the promise of remaining in America).
As far as can be ascertained at present, the only relationship which was of a substantial nature in Dallas was that with George De Mohrenschildt. An analysis of information concerning De Mohrenschildt uncovered to date by the Committee follows.
GEORGE DE MOHRENSCEILDT In light of the testimony of Willem Oltmans before this Committee, staff members have begun an extensive investigation of George DeMohrenschildt. The Committee has obtained from Patrick Russell who was DeMohrenschildt's lawyer the following items: a. ten tapes reported to be taped conversations between George DeMohrenschildt, Jeanne DeMohrenschildt and Willem Oltmans made in 1967 b. George DeMohrenschildt's Texas drivers liscense c. manuscript for proposed book by DeMohrenschildt entitled I AM A PATSY! I AM A PATSY! (241 pages) d. folio containing miscellaneous letters, receipts, newspaper clippings and memorabilia belonging to George DeMohrenschildt e. photograph of Lee Harvey Oswald The Committee is in the process of transcribing the taped conversations between DeMohrenschildt and Oltmans. The manuscript has been read and analyzed. Key statements made by DeMohrenschildt in the manuscript include: a. Lee Harvey Oswald is innocent of the assassination of President Kennedy b. Lee Harvey Oswald liked President Kennedy c. Lee Harvey Oswald admired Premier Castro and disliked Cuban refugees who were anti-Castro d. Lee Harvey Oswald despised reactionary grouns e. Willem Oltmans was convinced that DeMohrenschildt planned the President's assassination and financed it with Texas oil interests but this WAS NOT TRUE.
It should be noted that contrary to the testimony of Mr. Oltmans, only one FBI Agent is named in the manuscript and there is absolutely no indication that this agent, the FBI, the CIA, H.L. Hunt or anyone else known to DeMohrenschilt conspired to kill the President. The Committee is currently checking out everything to which Oltmans testified when he appeared before this Committee. This includes checking with all airlines on which Oltmans and DeMohrenschilt allegedly flew, hotels where they stayed as well as interviewing all people with whom they came in contact. The Committee has already spoken to Karl Ekalraar who is the head of Dutch Television. He has confirmed much of Mr. Oltmans testimony. However, he states that at no time did Mr. DeMohrenschildt make any admissions in his presence concerning his involvement in the assassination of President Kennedy. The Committee is now seeking to contact the Dutch publisher with whom DeMohrenschildt allegedly reached a verbal contact to write a book. Another facet of the investigation concerns the notebook and personal, papers which this Committee has obtained. These have been analyzed by staff members and the people mentioned will be interviewed as to
their knowledge of George DeMohrenschilt as well as any information they may possess relevant to the assasSination of President Kennedy. Finally, the Committee has obtained the Parkland Hospital records of George DeMohrenschildt during his stay at their psychiatric clinic. These records clearly show Mr. DeMohrenschildt to have been a very depressed and paranoid individual. The doctors who treated Mr. DeMohrenschilt will be interviewed about his mental condition and the Committee is preparing to consult psychiatric experts to determine whether George DeMohrenschildt was mentally fit at the time he made his revelations to Willem Oltmans.
Again, there is little which seems of issue in this regard, since Oswald's living arrangements can only be described as Spartan, at least based on the evidence presently known. He lived in his rooming house on Beckley and attempted to save money from his meager earnings. His relations with his wife were strained, yet seemed to have reached a plateau of sorts with which both Marina and Lee were content: that is, seeing Marina on the weekends and living in Dallas during the week. There seems to be some sort of domestic tranquility which was established during the months immediately preceding the assassination, although Lee was never open in either his relations or in his discussions of his thoughts. One possibly unclear aspect of his personal living arrangement is the relationship between Earlene Roberts, who managed the rooming house and Roberts's sister, Bertha Cheek, who was contacted on several different occasions by Jack Ruby concerning real estate dealings. Another future area of concern, more in terms of Marina Oswald than Lee, was the strange and as yet unexplained relationship with Ruth Paine, who undertook extraordinary tasks to help
) and her family (excluding Lee, of f+ Qu Marina Oswa course). Trips to New Orleans to transport Marina to and from Dallas are exceptional activities and there is no adequate analysis of this relationship. This is also true for the living arrangements of Lee and Marina immediately before the assassination, as well as for the existence of some of Lee's property -- primarily his weapons -- in the Paine garage. The circumstances surrounding the Paine house and the Paine household is the most crucial area of future concern in this regard. Concerning Oswald's employment, a number of questions remain. First is the employment with the photographic labs at Jaggars-Chiles-Stovall. The Commission did not adequately inquire into Oswald's involvement with this firm. Although the Commission presents a raft of information concerning Jaggars (see Volume 23), this information is of a perfunctory and routine nature and does not add any analytical perception concerning Oswald's relationships there. The involvement of George De Mohrenschildt in this regard must also be explored. The employment at the Depository has been explored, though not explained. In particular, there remains the
tJ question of why Oswald accepted this position when Lu the Texas Employment Commission had offered him another position at a higher salary. The refusal of a higher paying job seems unlikely, considering the apparent desire of Oswald to maximize his income. Indeed, it appears clear from the Commission testimony and Exhibits that the lack of funds was a thorny problem for Oswald. It caused great strains in his marriage relationsnip, since Marina was encumbered in her activities from the lack of funds, and seemed to require constant relocation in different areas of the country. In addition, persons who knew Oswald insist that he was very concerned about his failure to provide adequately for his family, and thought that this brought into question his adequacy as a male (the Commission hints that there were other bases for his concern in this re- gard. Concerning the procurement of the position at the Depository, the testimony of the Randles is crucial and has not been explored adequately. Linnie Mae Randle's son worked at the Depository, and apparently, it was through them that he obtained his position. Oswald also had frequent contacts with him, and his perceptions about Oswald's life are central.
JACK RUBY: Summary and Conclusions I. SUMMARY OF EVIDENCE The Warren Commission's exploration of the issues surrounding Jack Ruby varies in quality depending upon the nature of the topic considered by the Commission. There is no question but that a very deep inquiry was made into several areas of Ruby's life and activities, and that the work of the Commission cannot be faulted on this score. In particular, these topics can be grouped primarily around Ruby's employees and Dallas associates. The questioning of Ruby's employees appears to be quite complete ard substantial: a very large number were interviewed and every possible connec- tion followed. This is true to a large extent as well in the area of Ruby's associates, although in this case, some associates from earlier times, especially in certain areas, such as his links to organized crime, were not questioned. Part of the inquiry into Ruby, especially in comparison with the other murders in this case (Kennedy and Tippit), is made quite simple, if only because there
is no doubt that Ruby actually fired the gun which killed Oswald. As many commentators have pointed out, the actual murder of Oswald was clearly the most viewed homicide ever, at least from the standpoint that many million television viewers saw Ruby shoot Oswald at the very instant he pulled the trigger. It is thus important to remember that the inguicy into Ruby is not, as with Kennedy and Tippit, an inguiry into ballistics and a determination of the possibilities of the murder having taken place according to any number of hypotheses. The Ruby case is simply one of finding a conspiracy. Ruby must thus be approached in essentially the manner in which the Warren Commission approached its task, that is, in terms of Ruoy's associations, for in those associations and business transactions must lie any conspiracy which may have existed. In this sense, the Warren Commission explored a number of primary areas of concern, the most important being as follows: (A) Activities on 11/21 through 11/24 (B) Business and Personal Associates (C) Possible Connections to Organized Crime (D) Travels
(E) Possible Association With Lee Harvey Oswald. Although theCommission did a credible job in most of these areas, with the exceptions. listed below, the general topic areas of Possible Connections to Organized Crime (and participation in other illegal activity in general) and Travels were not explored adequately. The conclusions which emerges from the Commission REPORT, Exhibits, Documents, and testimony concerning Ruby is that he was not involved in any concerted action to eliminate the alleged killer of the president. Ruby acted on his own, although the motivation for his actions remain a mystery. Perhaps the most reasonable explanation, at this point, for Ruby's actions is that he acted irrationally and impulsively, after having been caught up, as some of the witnesses described it, "in the excitement of history." This is not a far-fetched explanation, by any means, since the picture which emerges of Ruby as an individual confirms, above all, that he was capable of irrational and impulsive actions: indeed, this was a flaw in his personality which led many who otherwise liked him very much to avoid his company.
The other prominent trait of Ruby's character is that he craved affection and an acknowledgement that he was an important and worthwhile human being. He was dependent upon other people to bring him happiness, and clearly could not stand to be alone for even short periods of time. He had to be the center of attention and was also a constant bundle of activity: he had no internal mechanism which regulated his activities, but would clearly respond at any time to someone else: If any person for whom Ruby had respect proposed any activity, there is no question but that Ruby would undertake the activity. These two traits combined in the events of the assassination to produce the murder of Oswald, at least in theory. Ruby clearly became caught up in the whirl of activity which surrounded the ——— although he previously had no strong political views and was not an exceptionally strong admirer of Kennedy. It was the most exciting thing which had happened in Dallas for a long time, and Ruby had to be part of that frenzy of activity (which he craved merely because it was frenzied). He thus became involved in a whirlwind of activity, making telephone calls, visiting the offices of the newspapers and radio stations with kosher sandwiches, present at the
Dallas Police station during any important activity, present at Parkland Hospital, acting "as a reporter”, talking with District Attorney Wade, making comments at news conferences, and finally, shooting Oswald. It was Ruby's final and most assertive act to remain an integral part of the drama unfolding in Dallas, undertaken on an impulse. He undoubdtedly would have been present at the transfer of Oswald under any circumstances, since he could gain admission through his relations with police officers, and since he was "caught up in history." Once inside the basement of the jail, he shot Oswald, for no particular reason, but simply to remain part of the drama. Il. ISSUES WHICH REMAIN DOUBTFUL Although much of the Commission inquiry was complete and substantial, there were several major areas of conern which were not explored adequately in the investigation undertaken in 1964. They can be summarized as follows: (1) Organized Crime: almost no inquiry was made into Ruby's connections with organized crime. For example, his relations with Lewis McWillie, a known crime figure, were minimized and left at a superficial level. McWillie's
(2) connections to organized crime were substantial, both in terms of his relations with Santo Trafficante and the gambling establishment in Havana, which Ruby visited at McWillie's request and payment in 1959, and in terms of his friendships in the gambling community in Las Vegas. In addition, there is an indication that there were earlier connections with organized crime in Chicago, and perhaps later in Detroit. Some of the other members of the Ruby family were engaged in activities which, although strictly legal, were on the fringes of activity by organized crime. An example is the appliance business in Chicago, where "off- brands" were probably peddled under false pretenses as better merchandise (at lower prices). The Kefauver Committee also notes activities of the Dave Miller gang in Chicago, of which Ruby was a member. There were also indications that Ruby was involved with crime figures in the development of the Nationwide Racing Wire Service (where John Roselli also appears) and through former boxing associates in Chicago. of concern is different from involvement in
organized crime per se, since it deals with activities undertaken by Ruby on his own in a small manner and not a part of the underworld network. This is possible, given that as far is known by some of the Mafia witnesses contacted by the Committee (e.g. Charles Crimaldi), Ruby was considered a "punk" and not really part of any substantial operation for organized crime. Thus, in Dallas, which was not a major outpost for organized crime, it is possible that Ruby was engaged in some small operations on his own, which, despite their small size, could certainly have major implications in terms of associations developed with certain elements in the Dallas community. Moreover, these e?ments of the Dallas comjunity would be more likely than others to have been involved in some sort of assassisnation conspiracv. The Warren Commission included witnesses who identified Ruby as involved in both gambling and narcotics in Dallas (See Exhibits in Volume 23, especially Exhibits 1754-1774), but did not pursue the information which it obtained on any sort of systematic basis.
(3) Sale of Contraband to Cuba:one of the most fascinating aspects of the Ruby case is the attempt by Ruby to engage in selling contraband to Cuba during the Revolution. After Castro seized power, Ruby also apparently attempted to obtain the release of some underworld figures being held in Havana. The key witness in both of these attempts to deal directly with Castro is Robert Ray McKeown, whose testimony is explosive, yet barely touched upon by the Commission. McKeown, who knew Castro personally (even to the point of appearing in an embrace on the front pages of Texas newspapers during a trip by Castro to Texas in 1959), yet was engaged in an unimportant restaurant operation outside Dalias, had several dealings with Ruby. His testimony seems reliable, yet there is no mention of him in the REPORT, and his information, which is substantial, is buried in a very short Exhibit. This area must be explored. Dallas Police: Ruby clearly had a large number of friends on the Dallas Police force, and had a great deal of reverence for law enforcement officers in general. It is unknown, however, which officers were special friends of Ruby,
(5) and what the Department's serceptions of Ruby entailed. There is a substantial amount of concern by the Commission for Ruby's relations with officers, but, unfortunately, this concern is never for the exacting details of the relationships with the Department and with specific officers. This is important, clearly, in light of the admittance to the basement of the building, and in terms of Tippit and any possible involvement of the Dallas Police or any of its officers in the murders on November 22 and November 24. Parkland Hospital: according to two witnesses, one of whom is quite clearly reliable, Ruby was at Parkland Hospital on the day of the assassination, at approximately the time Kennedy was pronounced dead (and before the stretcher bullet was found). It is possible to explain his presence there in the same manner as his presence in many other places that day (such as his continual presence at the Dallas Police) that is, as his involvement in the history and drama of the moment, yet certainly this is a circumstance which needs more exploration
-10- before such a conclusion can be adopted. Admission to the Basement: Ruby's admission to the basement has yet to be explained. The officers who might have allowed Ruby into the basement were some of the best on the force, and have repeatedly denied that he was allowed in or that Ruby even appeared that day. Furthermore, no one was ever repri- manded for the affair, so that the Department itsylf has never made a statement concerning culpability. Even more important, the admission of Ruby had to have occurred without great difficulty, since the timing was very close. Ruby was at the Western Union office a few blocks away only minutes before the shootirg of Oswald, so that Ruby could not have attempted to be admitted and denied. He must have entered quickly and without incident, and again, with amazing speed and accuracy, appeared in a perfect position from which to shoot the prisoner. These events are all rather unlikely On a coincidental basis. The admission and position of Ruby in the basement are crucial ‘areas, and the Commission did little to clear
(8) -ll- Activities on November 24: there is a great deal of doubt about Ruby's activities on the all-important morning of November 24. Several reputable and credible witnesses saw him at several points near the Dallas Police Department in downtown Dallas, yet associates who knew him well insist that he did not leave his apartment until very close to the time of the shooting of Oswald. In terms of finding an association which might indicate conspiracy, his activities on that morning are essential, and as yet unknown. Larry Crafard: among his associations, Larry Crafard is the most mysterious in the months directly before the assassination. Rudy met Crafard during the promotion of "How Hollywood Makes Movies" at the Texas State Fair in October, 1963. The others involved in this production are largely unknown and seem in some ways nefarious. Crafard himself clearly is an untrustworthy person whose activities are suspect. Furthermore, Crafard's departure from Ruby and Dallas on the evening of the assassination raises many questions, none of
ay ee which was answered by the Commission testimony. Although the Commission did question Crafard at some length and with some degree of tenacity, his responses were inadequate and the mystery concerning his departure remains. He is a suspect character and his relationships must be explored, as was not done by the Warren Commission. LE. FUTURE AREAS OF CONCERN As noted, the coverage of the Commission in most areas of inquiry was fairly complete, aside from the concerns listed above. In this sense, the next steps must consist primarily of contacting, locating, and interviewing witnesses. There are uo records which would further the inquiry at this point: the Commission assembled all records relevant to Ruby's tax and financial dealings, with negative results. Thus, the focus must be on witnesses, in the subject areas listed above. Certainly Larry Crafard and Robert Ray McKeown must be two of the first contacted. In addition, in questioning witnesses re: the areas listed above, the interviews must be conducted in a much more penetrating manner. The Commission did not
-13- force the witnesses in any aspect of the Ruby case to answer penetraing or difficult questions; indeed, the major concern of the FBI interviewers seemed to be Ruby's sex life and possible homosexual activities (which appears unlikely as well as iorstiy Geetevand to the inquiry).
JACK RUBY The inquiry into Jack Ruby has been undertaken in a topical manner, with the analysis broken down as follows: A. Synopsis of Events and Facts; Bis Witnesses; C. Areas of Future Concern; and D. Crucial Documents. The topics of concern are: I. ACTIVITIES TO NOVEMBER 20 II. ACTIVITIES ON NOVEMBER 21 IILT.ACTIVITIES ON NOVEMBER 22 IV. ACTIVITIES ON NOVEMBER 23 V. ACTIVITIES ON NOVEMBER 24 VI. ARREST AND POLICE RECORDS VII.ASSOCIATIONS: BUSINESS VIII. ASSOCIATIONS: PERSONAL IX. CRIMINAL ACTIVITIES AND UNDERWORLD TIES X. CUBA XI. DALLAS POLICE RELATIONSHIPS XILT.FINANCIAL AND TAX PROBLEMS
XIII. LINKS TO LEE HARVEY OSWALD XIV. LINKS TO TIPPIT XV. TRIAL
TIPPIT MURDER: Summary and Conclusions I. SUMMARY OF EVIDENCE The Tippit murder is by far the least explored area of the JFK assassination. This is unfortunate, since the Warren Commission, as well as post-hoc analysts, rely upon Oswald's alleged guilt in this crime as a major link in the chain of evidence against him. In terms of both the Warren Commission and the supporters of the arguments advanced in those volumes, the Tippit murder is used as circumstantial evidence to show that: (1) Oswald was capable of murder; and (2) His guilt in the JFK assassination a short while before was the basis for his extreme paranoia and his unusual reaction to being stopped rather casually (about which there is little debate) on the street by a policeman. Given the importance which these supositions assume, the paucity of information and effort expended on this portion of the case is alarming. After rather perfunctory testimony from a small number of witnesses, the Warren Commission seemed to have no doubt that Oswald in fact murdered Tippit, despite a lack of
doubts would be raised if more were known: at this point, so little has been revealed that there is no basis for proposing counter hypotheses. The major areas of doubt, which was not aided by the Warren Commission remain as follows: (1) (2) (3) (4) Why was Tippit present in that area at that time, given that his district was several miles away from that area and since he had been given no instructions to move into that position; Why did the Dallas Police Dispatcher continually place calls to Tippit, even after he was shot, when he was not known to be in the area, and was hardly a prominent member of the force; Why did Tippit stop on Beckley Street near Oswald's rooming house a few minutes before he was shot some eighteen blocks from that spot. Timing: the: precise timing of the murder remains a mystery. The Warren Commission places the murder at approximately 1:15, although two key witnesses (Helen Markham -- important to the Warren Commission though of questionable perception-- and T.F. Bowley) place the event much closer to 1:10. Tippit must have been shot before 1:16, which is when the call placed from car number 10 was received by the Dallas:
(5) Police Department. Oswald must thus have shot Tippit by 1:15, since it must have taken some short amount of time for the call to have been placed on the radio. In this case, Oswald must have arrived at the scene before 1:15, since he apparently spoke with Tippit for perhaps a minute before the shooting took place. The timing of Oswald at the scene thus does become closer to 1:10 than 1:16. Under these circumstances, timing is crucial, since it is established that Oswald did not leave his rooming house until after 1:00, and needed to walk eighteen blocks in a very short span of time. It is estimated that such a walk would take ordinarily eighteen minutes -- the placing of the crime at a substantially earlier time confuses the issue of the presence of Oswaid at Tenth and Jefferson; Calm Demeanor: the Warren Commission testimony is undisputed that both Oswald and Tippit exchanged no hostile language or appeared in any way to be excited at the time of the shooting. Tippit had not drawn his gun, did not call for help on his radio, and did not indicate in any way that trouble was expected. He apparently made no threats or moves to arrest Oswald, sa that the motivation for shooting Tippit remains a problem;
(6) (7) (&) This unusual response to an apparently calm Situation contrasts remarkably with the earlier experience in the Book Depository with Officer Marion Baker and Roy Truly less than three minutes after the last shot was alledgedly fired. Even though Baker had drawn his gun in the Depository and Tippit had not, Oswald allegedly responded with murder in the calm situation and with sang-froid in an atmosphere of tension only moments efter killing a president; The testimony of Officer N. M. McDonald concerning the capture of Oswald in the Texas Theater is of questionable validity, as is the testimony of store keepers which led to the identification of the Texas Theater as the hiding place of the suspect; The lineup identifications of the key witnesses in the case -- Helen Markham, William Scoggins, Domingo Benavides, and Ted Callaway -- are all suspect, and were used extensively by the Warren Commission in identifying Oswald as Tippit's killer. Markham was hysterical at the time of the lineup (later on the afteroon of the murder), and even when questioned later by the Commission, gave incoherent testimony. Benavides, who was perhaps no more than fifteen feet from the shooting, said at the time of the murder that he was unable to make
(9) an identification of the killer. Although he did attempt to make such an identification later, this post-hoc claim is not extremely probative. Scoggins, who was the most trustworthy of the witnesses in the Tippit case, made a positive identification of Oswald, but according to the statements of fellow cab driver William Whaley, who was present at the time that Scoggins made his identification, there was no question that Oswald was the suspect. The other three men in the lineup were Dallas police officers and, although they stated fictitious names, Oswald was forced to state his real name and occupation, giving his employer's address at the School Book Depository. In addition, Whaley testified that Oswald was uncooperative, while the others were complacent, kaming it even more evident that he was the suspect. Similar problems exist for all of the witnesses who made lineup identifications of Oswald, so that they must all be questioned; Several witnesses are either unknown or were never questioned by the Commission, including most of the audience in the Texas Theater and several persons on the streets which Oswald supposedly used as means of escape; and
(10) The Warren Report does not include an autopsy materials on Tippit, and apparently never inquired into the matter. This was obviously crucial, given the reliance on ballistics tests and the uncertain nature of the ballistics results. III. FUTURE AREAS OF INQUIRY The future exploration in this area must be extensive; indeed, as discussed, there was so little testimony taken concerning Tippit that it is difficult to point specifically to tasks which must be undertaken. Without doubt, however, several steps may be identified as appropriate. First, all witnesses questioned by the Com- mission must be interviewed and hard questions posed. Second, additional witnesses must be identified and all those not originally interviewed should be approached. Dispatch records for the cab company employing William Scoggins should be viewed, since he testified that he called immediately after the shooting to request that an ambulance be sent at the scene. This was apparently not done, although the timing is crucial and as yet inverified. Finally, Dallas Plice records must be obtained and analyzed for the following information: (1) The precise locations and dispatch signals to
(2) (3) Officer Tippit; Complete information concerning the lineups conducted and the procedures used, including statements made by the police to the potential witnesses; and Complete records of all arrests and suspects questioned in the entire area during that day. This information is essential to ascertain the liklihooc of Tippit stopping Oswald in such circumstances, and for discovering general police practices in Dallas.
TIPPIT MURDER The following are analyses of the testimony and reliance by the WARREN COMMISSION REPORT for the major witnesses in the Tippit murder case. This is not a complete list and anlaysis of all the Tippit witnesses, although all of the testimony for all of the witnesses has been consulted. For these major witnesses, however, the analyses have been performed. These major witneses are as follows: DOMINGO BENAVIDES TED CALLAWAY HELEN MARKHAM N.M. McDONALD WILLIAM SCOGGINS BARBARA JEANETTE DAVIS
TIPPIT MURDER Witness: DOMINGO BENAVIDES 6 H 444 I. WARREN REPORT A. Personal Information At the time of the assassination, Benavides was 26 years old and employed as an automobile mechanic for the D-otch Motor Company in Dallas, with offices around the corner from the scene of the Tippit murder. This establishment is also the employer of TED CALLAWAY and SAM GUINYARD, also witnesses in the case. Benavides had only a tenth grade education, but was fairly articulate, given his background, in his testimony. The testimony, byt the way, was quite perfunctory and certainly not undertaken with the degree of care and skill which was deserving such a crucial witness in the case. B. Summary of References in the Warren Report According to the REPORT, Benavides stopped his
truck when he heard a gunshot. At the time he was 25' from Tippit's squad car. Benavides called on Tippit's radio to report the murder and then left the scene. He returned later to pick up two empty shell casings which he observed the escaping gunman eject. He did not make a lineup identification because he said that he did not get a long enough view of the suspect. It is clear, however, from the description which Benavides later provided at his testimony before the Commission, that he provided the most detailed descrip- tion of any of the Tippit witnesses. II. TESTIMONY BEFORE THE WARREN COMMISSION A. Description of Actions and Locations At the time of the Tippit murder, Benavides had eaten lunch and was headed west on Tenth Street in his truck on an errand for Dootch Motors, his employer. He sawa police cruiser headed in the opposite direction, though when he first saw the car, it had stopped, and the officer was standing next to the driver's side door. Benavides only saw the officer after Tippit had gotten out of his car. He also saw another man standing on the
opposite side of the car. At this point, Benavides heard one shot. He turned his truck into the curb, hit the curb and stopped, and ducked down, as he heard two more shots (three total). He was stopped fifteen feet from the police car. He saw Tippit fall, although he said nothing as he fell. Upon inspection, Benavides saw that Tippit had his gun in his hand, and was lying partially on his gun and partially on his hand. Benavides saw (before inspecting the body) the suspect fleeing from the scene. As the suspect left, he ejected two shells from his gun at the location of the murder, and left at a "pretty good trot." Benavides entered Tippit's car and called headquarters on the radio to report the murder. Another passerby stopped at this point, but Benavides does not know his identity. He also notes that another auto was stopped in front of him, and a man about 25-30 years of age (driving a red Ford) also saw the murder. This witness remains unidentified. Later, Benavides went back to the scene (about 4:00 p.m.) and picked up the two shells which he had seen the suspect eject and turned them over to the police in a cigarette package to avoid putting on his fingerprints.
B. Description of Suspect Benavides provided the most complete description of the suspect. He was described as 25 years of age and about 5' 10". He was wearing a light beige jacket, dark trousers, and a dark shirt. He was of average weight and had curly hair (neither dark nor brown) and a dark complexion (which varies substantially from Oswald's facial appearance). Cc. Placement of Other Witnesses TED CALLAWAY: asked to pursue the suspect in Benavides' truck. SCOGGINS: describes the cab and that SCOGGINS left with CALLAWAY TO pursue the suspect. SAM GUINYARD Unidentified driver. D. Police Lineup and Identification Benavides did not desire to make a lineup identifi- cation, feeling he had inadequate time to view the suspect. He later did make an identification of the suspect as Oswald, but this was months later and after a deal of pressure to make the identification.
E. Crucial Documents None. III. COMPARISONS AND CONCLUSIONS Benavides was the most percipient witness to the Tippit murder and gave the most accurate description of the suspect. His testimony is crucial as to the timing (he believed that the shooting took place at about 1:00 p.m., which is earlier than the Warren Commission places the event. Also, his identification and description of the suspect is at odds somewhet with the other descriptions. He is a reliable witness and must be questioned further.
Tippit Murder Witness: TED CALLAWAY 3 H 351 et. sea. I. WARREN REPORT A. Ted Callaway: Personal Information At the time of the assassination Callaway was 40 years old and employed as a used car salesman at Harris Brothers Auto Sales, located at 501 East Jefferson, the northeast corner of 10th and Jefferson. Callaway was raised in Dallas, went to school in Dallas, and completed 2 years of college at Southern Methodist University. He served in the Marines for a period of 3 years and received an honorable discharge in 1954. Callaway had no police record. Summary of References to Callaway According to the Warren Report, Callaway heard the sound of shots to the north of the used car lot where he was employed. After hearing 5 gun shots, he immediately ran to the sidewalk on the east side of Patton to a point about half a block south of 10th Street. At this point, Callaway saw a man coming south on Patton with a revolver held high in his right hand. Callaway saw this man cross to the opposite side of Patton whereupon Callaway yelled to the man from across the street, "Hey, man, what the hell is going on?" Callaway then continued to the intersection of 10th and Patton where he found Officer Tippit's gun where it lay beneath him outside
TIPPIT SHOOTING Domingo Benavides s 4 %. a o ‘. 7 ‘ ra " ’ ‘ » x eS iS * : - * . * S w" 3 ‘ 5 . J e ¢ * . \ Ze at % a ad x. , ’ gf ‘ a 7 a . . of , \ = Vis a 3 s of i N\ % E Po ‘, ‘ = x ‘ ‘ a *. i s i fi * vat /. ‘. ai OF * a \ %. fe” < : z a x “a "YY oe is * tye Y in - 5 - , ‘, = ws , - J " % 4 a o SS off f: \ % a as 7 Pa rd : - 24 5 - ” ‘ " . & . @, . ¥ ‘N * # . \ 2° + Se = 5 a x < ad . ®\ %, An \ a S Cee i : " ; 4 F Y uh > “ att x x pee ‘ oe vei . Be ae . tae Seed? ay a oe a .
of his holster. At this point, Callaway and William Scoggins attempted to follow the gunman in Scoggins' taxicab. On the evening of November 22, Callaway viewed the same lineup of 4 men from which Mrs. Markham had earlier made an identification of Lee Harvey Oswald. Callaway stepped to the back of the lineup room and made a positive identification of Oswald. Callaway testified that he had not been shown any pictures by the police before the lineup. II. TESTIMONY BEFORE THE WARREN COMMISSION A. Description of Actions and Locations At around 1:15 on November 22, Callaway was standing on the front porch of the office of the Harris Brothers Auto Sales car lot at 501 East Jefferson. He heard the sound of 5 pistol shots coming from the back of the lot toward 10th Street. Callaway then ran out onto the sidewalk on Patton Street, where he saw a man crossing from one side of the street to the other. Callaway states that he "hurried" from his position on the porck to his position on Patton Street. Callaway testified that he stayed in this position until the man whom he had viewed earlier passed him on the other side of Patton, and Callaway turned and spoke to the man behind him, whom he later identified as B.D. Searcy, telling Searcy to, "Keep an eye on that guy; follow him." Callaway then ran, at a "good hard run," up Patton to the corner of 10th and Patton. Callaway saw a squad car and a group of 4 or 5 people and a couple of cars that had stopped. He approached the squad car, and saw Tippit lying in the street; whereupon Callaway ran over to the squad car, got on the police radio and called ina
B. report that a man had been shot, telling the police the location. The police told him to get off the air and that the shooting nad already been reported. Callaway then approached Tippit's body and rolled it over, finding a pistol underneath him. Callaway testified that the gun was out of the holster and that the holster was unsnapped. Callaway picked the gun up and put it on the hood of the squad car, and then helped load Officer Tippit into the ambulance. Callaway persuaded Scoggins to take him in his taxicab in an attempt to locate the man whom he had seen running down the street. Callaway describes the path taken by he and Scoggins as follows: north on Patton to 10th Street; west on 10th Street to Crawford; south on Crawford to Jefferson Boulevard; west of Jefferson to Beckley; they then circled around several blocks and ending up coming back to Patton and 10th Street. Callaway's further connections with the case were later that evening at the police station where he made a lineup identification of Lee Harvey Oswald as the man whom he saw running down Patton Street. Description of Lee Harvey Oswald Callaway testified that he first saw Lee Harvey Oswald cutting from the east side to the west side of Patton. At this time, the man had a pistol in the raised position, with the muzzle pointing upward and the arm bent at the elbow. Callaway estimated that the man at his closest distance was about 56 feet away from Callaway; that distance was measured with a tape measure in a reconstruction of the scene done by the Warren Commission. Callaway gave a description to the police officers at the scene
salle of the murder on November 22. He described the man as about 5'10" tall, weighing about 160 lbs. The man was "neither fat nor thin," and was of fair complextion with dark hair. The man was wearing dark trousers with a light tanish-grey windbreaker jacket, with a white tee-shirt underneath. Callaway also stated that he saw the face of the man running, and that he saw the front of the face with a good view. When Callaway spoke to him from across the street, the man was running at a "good steady trot, not real fast" but slowed down and almost stopped when Callaway spoke to him. The man said something to Callaway that Callaway could not understand, and after speaking to Callaway, the man resumed his progress at about the same pace as before Callaway spoke with him. Placement of Other Witnesses at the Scene 1) William Scoggins Callaway states that as he ran out onto the sidewalk on Patton Street, he saw a cab driver beside his cab parked on Patton. The cab was parked on the east side of Patton and Callaway states that he saw this man beside the cab at the same time that he saw Oswald cut from one side of Patton to the other. This places Oswald between him and Scoggins. This testimony would lead to a conclusion that Scoggins was in a position to view clearly the suspect as he crossed Patton near the taxicab. In addition, Callaway places Scoggins with the group of people, Tippit's body, and Tippit's squad car immediately after the killing. 2) B.D. Searcy Callaway places Searcy behind him on Patton at the time that Oswald crossed Patton running towards Jefferson Boulevard. Searcy
was, according to Callaway's testimony, near Jefferson Boulevard, and in a position to see Oswald as he ran down Jefferson Boulevard. Callaway makes no further mention of Searcy, and he is not one of the witnesses relied upon by the Warren Commission Report. He was not interviewed by the Commission. 3) Sam Guinyard Sam Guinyard worked at Harris Brothers Auto Sales with Callaway. In his testimony, however, Callaway makes no mention of Guinyard's position or his view of the killing or of the alleged escape of Oswald. The only reference to Guinyard is thac Guinyard accompanied Callaway to the police station later that evening when Callaway and Guinyard made a lineup identification of Oswald. 4) Other Individuals Callaway mentions that there were 4 or 5 other people who had gathered near the squad car at the time he arrived after running up Patton. He does not identify any of these individuals by name. Police Lineup and Identification Callaway went to the police station at around 6:30 or 7:00 that evening, accompanied by Sam Guinyard. He was met by detective Jim Leavelle. Also present was Cecil J. McWatters, the driver of the bus which Oswald allegedly took after leaving. The lineup contained 4 men including Lee Harvey Oswald. Callaway testified that he stepped to the back of the room so that he could "kind of see him from the same distance which I had seen him before." Callaway made a positive identification of Lee Harvey Oswald as the man he had seen running across Patton Street, stating as well that Oswald had on the same clothes minus the jacket. It was Callaway's testimony that he had seen no pictures of
Oswald in the newspaper or on television before he made the lineup identification. He stated that he had "hadn't seen a newspaper, hadn't even heard a radio, really." He was not shown any pictures of the man before the lineup took place, but he did testify that of the 4 men, Oswald was the shortest, though they were all of about the same age. E. Documents or Exhibits Used or Referred to During Testimony 1) Commission Exhibit 537 Commission Exhibit 537 was a diagrom of the area in which the actions took place. Callaway marked this exhibit with an X on the location of the used car lot where he worked. 2) Commission Exhibit 538 Commission Exhibit 538 was identified by Callaway as a picture of the office in which he worked at the Harris Brothers Auto Sales used car lot. 3) Commission Exhibit 539 Commission Exhibit 539 identifies the location of Callaway when he saw the man running across Patton Street. Callaway identifies his position as point 27 on the chart, and identifies point 29 as the position of Scoggins’ taxicab. III. COMPARISON AND CONCLUSIONS Callaway's testimony before the Warren Commission does not differ materially from the summary of his testimony given in the Warren Report. There are, however, some problems with Callaway's testimony before the Warren Commission. At several points Callaway offers information which he could not have known on a first-hand basis. At one point Callaway states that Oswald was "headed right towards the Texas Theater." He made this comment in reference to Callaway's