. JFK ASSASSINATION SYSTEM IDENTIFICATION FORM AGENCY INFORMATION AGENCY : CIA RECORD NUMBER : 104-10331-10301 Peleased under the John RECORD SERIES : JFK . Kennedy AGENCY FILE NUMBER : PROJFILES-CORRESPONDENCE Lssassination Records Saas soorere=@ sees Follection Act of 1992 DOCUMENT INFORMATION (44 USC 2107 Note). AGENCY ORIGINATOR : CIA ase# NW 53217 Date: FROM : ASST. GENERAL COUNSEL poo2 3-201" TO : CHIEF HISTORICAL REVIEW GROUP TITLE : MEMO: TRIAL OF ROLANDO MASFERRER ROJAS DATE : 11/05/1993 PAGES : 3 SUBJECTS : JFK ASSASSINATION DIOSADO DOCUMENT TYPE : PAPER CLASSIFICATION : SECRET RESTRICTIONS : 1A CURRENT STATUS : RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS DATE OF LAST REVIEW : 04/30/03 . COMMENTS : JFK-M-16 : F2 : 2000.02.11.07:52:21:810054 [R] - ITEM IS RESTRICTED 104~-10331-10301 HW 53217 DBocld:324044350 Page 1
HW 53217 “* ° so, . SBCRET OGC 93-53509 5 November 1993 MEMORANDUM FOR: Chief, Historical Review Group FROM: Robert J. Eatinger, Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: Trial of Rolando Masferrer Rojas (S) 1. Your staff requested information concerning the subject criminal trial because some records pertaining to this trial are contained in the segregated collection of JFK assassination records. These records indicate that CIA reimbursed the U.S. Customs service for the salary of Cesario Diosado, the U.S. Customs officer who arrested some of the defendants in the case. The records in your possession further indicate that the defense in the case intended to call Mr. Diosado as a witness. Two issues therefore arose: a. Did Mr. Diosado testify at the trial? b. Would public revelation that Mr. Diosado's salary was paid by CIA affect the convictions because of the statutory prohibition against CIA exercising any law enforcement powers? (S) 2. With respect to the first issue, OGC records show that Mr. Diosado did not testify at the trial. With respect to the second issue, the CIA General Counsel in a letter dated 31 October 1967 notified Assistant Attorney General J. Walter Yeagley of CIA's relationship with Mr. Diosado. [In this letter, the General Counsel noted that the relationship "might raise a question of the validity of the arrest in view of the statutory prohibitions on the Agency against the exercise of any police, subpoena,. or law-enforcement functions. We could not find a DOJ response to this letter in OGC files. (s) 3. In light of the General Counsel's letter to AAG Yeagley, we must assume that DOJ determined in 1967 that Mr. Diosado's relationship with CIA did not affect the legality of the arrest or otherwise present information that had to be disclosed to the defense. However, release of the information undoubtedly would generate publicity and cause the convicted defendants to move to vacate their convictions by alleging the government improperly withheld information from them. Regardless of the legal merits of such a motion, DOJ would have to contest the matter in open court proceedings. Further, discovery might be sought of CIA records in order to define precisely Mr. Diosado's relationship * * CL BY 2196097 DECL OADR DRV FM HUM 4-82 DoclId:324044350 Page 2?
HW 53217 oc _ SECRET SUBJECT: Trial of Rolando Masferrer Rojas (S) with CIA. Therefore, if CIA's relationship with Mr. Diosado is to be released under the JFK Act, please advise me in advance of the release so I can give the DOJ Criminal Division the courtesy of a heads-up. (S) 4. Please call me with any questions. (U) DoclId:324044350 Page 3
HW 53217 DCI/OGC/LD RJE:ig .76105/ 4 Nov 1993 OGC-93-53509 Distribution: - Addressee “” - DO/IRO - DPH Lit file - RJEwoft file - RJE Signer - OGC Chrono ae) ' DocId: 324044350 Page 4