conclusion that if he and Scoggins continued up Jefferson Boulevard in their pursuit of Oswald, they would have found him, since he was on his way to the Texas Theater. It is clear that at this point Callaway is projecting information which he later obtained into this testimony before the Commission. Similarly, when describing the clothing worn by Oswald in the police lineup, Callaway testifies that Oswald had “ditched his jacket."" Again, this in some degree calls into question the value of his testimony before the Warren Commission as present-sense recollection, since there are several instances of his projecting information which he later obtained into supposedly present- sense impressions. In addition, according to Callaway's testimony, there are problems with the lineup procedure in the Dallas Police station which may call into question his positive identification of Oswald. According to Callaway, Leavelle, the detective in charge of the lineup procedure, stated to the witnesses present that "we want to be sure, we want to try to wrap him up real tight on killing this officer. We think he is the same one that shot the President. But if we can wrap him up tight on killing this officer, we have got him." Thus, to some extent, the police placed pressure on Callaway to make a positive identification, and also gave information which was not necessary or pertinent to the identification of Oswald as the killer of Tippit, i.e. Leavelle's belief that Oswald was also the killer of the President. This certainly would add greater incentive for Callaway as well as the others to make a positive identification of Oswald, since an eye-witness identification of the killer of the President would heighten the witness's import. slb
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Tippit Murder Witness: BARBARA JEANEATTE DAVIS 3 H 342 4 #4 217 6 H 456 I. WARREN REPORT 7H 153 A. Personal Information None given of any import. B. Summary of References in Warren Report Davis heard the sounds of gunshots and went to the door of her house whereupon she saw a man cut across her yeard, apparently shaking cartridges from a gun. Davis called the police and later aided them in a search for empty cartridges in her lawn. She later found an empty shell and also identified Oswald at a lineup held that evening in the Dallas Police Cepartment.
it: TESTIMONY BEFORE THE WARREN COMMISSION A. Description of Actions and Locations Davis heard two gunshots, although the timing was not clear, since she was at the time in bed in her apartment. She rushed to her front door, and saw Helen Markham screaming for help. Alerted by Markham's screams, she then saw a man crossing her lawn emptying a gun. She did not see the man throw anything away, however. Davis then called the police and went to aid Tippit. Later that day, at the request of the police, she searched her yeard and found one empty shell near some bushes. B. Description of Lee Harvey Oswald At the lineup, Davis stated that she recognized Oswald primarily "from his clothes, and from his face, mostly." It seems clear; however, that her recognition came only from the clothes, since this was the only reference she made in later testimony before the Commission. Davis stated that her main recollection was that the suspect was wearing a dark jacket of a wool-like material, similar to a hunting jacket. She was certain that the material was not as light as the jacket shown to her by the Commission. In addition, she stated that CE 150, which was Oswald's shirt was much darker than the shirt which she saw on the suspect.
C. Placement of Other Witnesses Davis placed HELEN MARKHAM next to the body of Tippit, and stated that she pointed to the man escaping, thus alerting her to the man crossing her lawn. She also placed the location of VIRGINIA DAVIS, her sister, whose actions were essentially the same as those of BARBARA DAVIS, although VIRGINIA did not view the man crossing the lawn. D. Police Lineup and Identification Davis recognized suspect "#2". She stated that the lineup was composed of four white males of approximately the same height. No more specific information concerning the lineup and its procedure was elicited by the Commission. The lineup took place a little after 8:00 p.m. on Friday, 11/22. Also present was her sister, who made an identification at the same time. E. Crucial Documents CE 150 Oswald's jacket
III. COMPARISONS AND CONCLUSIONS Much more information must be elicitied concerning the lineup and the other persons gathered near Tippit after the shooting. The Warren Commission did not really delve into these matters with DAVIS, who must be seen as a crucial mitness.
Tippit Murder Witness: HELEN LOUISE MARKHAM - WARREN REPORT A. Personal Information MARKHAM possessed an eighth grade education, and was a waitress in Dallas. A life-long Dallas resident. She was very nervous at her interview by the Commission and bordered on incoherence. Her perception and credibility must be questioned severely. B. Summary of References in Warren Report MARKHAM saw a man leaning on an open window of a police cruiser while she was walking down the street. She viewed the officer and this man speaking rather calmly and then saw Tippit slowly open the door on the driver's side of the car. At this point, the man fired three shots at the officer. MARKHAM was at all times extremely upset, and bordered on hysteria, leaving her shoes on the top of Tippit's squad car. She was present at a 4:30 lineup at which she identified Oswald at the killer. She later had a telephone conversation with MARK LANE, which she denied. The Commission did not view this adveresely, although it pointed out the fact.
Il. TESTIMONY BEFORE THE WARREN COMMISSION A. Description of Actions and Locations MARKHAM'S testimony was confused and unclear. She stated nothing in testimony which was not included in the REPORT, which indicates the reliance of the Commission on MARKHAM. The only divergent testimony was that TIPPIT attempted to speak to MARKHAM after he had been shot, although other testimony was that Tippit died instantly. She also clarifed that Tippit was shot as he reached the left front wheel of the squad car. Her testimony was quite abbreviated before the Commission and she was in the beginning asked to remain calm. B. Description of Lee Harvey Oswald MARKHAM described Oswald as being about 30 years of age, slender, and with black hair. In a lter telephone conversation with MARK LANE, she gave a different description, describing the suspect as short and sticky and having "bushy" hair.
C. Placement of Other Witnesses L.C. GRAVES: present at the police lineup. D. Police Lineup and Identification Four men were present in the lineup. No further specifics were given. MARKHAM stated at the time that she "recognized no one" but she did pick Oswald as the killer. She did state that the jacket worn by the suspect was "too light." E. Crucial Documents CE 521 CE 522
III. COMPARISONS AND CONCLUSIONS MARKHAM'S testimony is unclear and contradictory, and was clearly terminated by the Commission because of its incoherence and its lack of probative value. Despite this, the REPORT relied heavily upon her statements. Despite her constant denials that she spoke to MARK LANE, it is clear that she did, and that she gave different information to him than to the Commission. LANE testimony concerning this matter is at 2H Si.
Tippit Murder Witness: WN. M. McDONALD 3 H 309 I. WARREN REPORT A. Personal Information McDonald was a radio patrolman for eight years on the Dallas Police force. He knew Tippit quite well both personally and as a fellow officer. With McDonald on the day of the assassination was T.C. GREGORY, who was a trainee. It was customary (indeed, this applied to 80% of the police force) that patrolmen rode alone unless participating in a training session, which was shy he was accompanied, and why, for example, Tippit was not on November 22. B. Summary of References in Warren Report McDonald is the major actor in the capture of Oswald at the Texas Theater. He is thus mentioned prominently in the pages of the REPORT concerning these matters. Of note is the reference in the REPORT that McDonald searched two men before approaching Oswald in the theater, although he knew that Oswald was the suspect. The REPORT continues,giving a rather lengthy discussion of the fist fight which Oswald and McDonald engaged in after McDonald approached him. The REPORT also notes that McDonald heard Oswald state "It's all over now," or words to that effect.
II. TESTIMONY BEFORE THE WARREN COMMISSION A. Description of Actions and Locations — McDonald went on his own initiative to the scene in order to aid officers involved in the Tippit murder. He was not directed to that location by the police dispatcher He searched the Public Library at Marsalis and Jefferson after hearing that a suspect had been seen in that location. After that proved negative, he proceded to the Texas Theater after hearing that a suspect was in the vicinity. He went into the theater and stood on the stage with the house lights on. He approached two men sitting in the front of the theater before going toward Oswald. He heard Oswald say something such as “It's all over now," and was then struck in the face by the suspect. He engaged in fisticuffs with Oswald until other officers joined him in subduing the suspect. McDonald put his mark on the gun which was found on Oswald's person at the time. B. Description of Lee Harvey Oswald Gave a description of the suspect as a white male approximately 27 years old, 5' 10", weighing 145, and wearing a white shirt.
C. Placement of Other Witnesses Noted as present in the Texas Theater: R. Hawkins (Dallas Police Department) T.A. Hutson ( " ) C.T. Walker (" ) Paul L. Bentley ( " ) Eddy Walthers ( " ) Julia Postal (Texas Theater) Johnny Calvin Brewer (Merchant) George Applin, Jr. (" ) D. Police Lineup and Identification Identification of Lee Harvey Oswald was made from a photograph at the testimony given before the Commission, although McDonald did not view Oswald later in a lineup or other identificacion procedure until the time of testimony. E. Crucial Documents CE 520
Tippit Murder Witness: WILLIAM SCOGGINS 3H 322 IT. WARREN REPORT A. Personal Information At the time of his testimony, SCOGGINS was 49 years old and employed as a cab driver in Dallas. He did not grow up in Dallas, but had lived in several areas of the country. B. Summary of References in Warren Report See pp. : 7, 165, 169, 175, 651. SCOGGINS viewed Oswald passing within 12' of his taxicab after the fatal shots had been fired. He did not actually see the shots, but only saw the escape. As Oswald passed, SCOGGINS heard the man say “Poor dumb cop," or words to that effect. - SCOGGINS took place in a lineup identification on Saturday sometime after noon. Before taking part in this lineup, he had seen a picture of Oswald in the newspaper.
II. TESTIMONY BEFORE THE WARREN COMMISSION A. Description of Actions and Locations eee ee Ae LOCRLLONS SCOGGINS testified that he had stopped his cab at the curb on Tenth Street and was having lunch after having purchased a soda from a nearby store. He had eaten two bites of his sandwich, and believed the time to be 1:20. At this time, he saw a police car cruising about 10-12 miles per hour along the street. He paid no more attention until he heard 3 or 4 gunshots, at which time he looked down the street. He did not actually see the shooting of Tippit. He immediately called the cab dispatcher to report the shooting and requested that an ambulance be sent to aid Tippit. He then saw Oswald leaving the scene, with a gun in his hand, running at "a kind of a trot." SCOGGINS got out of his cab and hid behind it until the gunman had passed, thinking from stories which he had heard, that the gunman might attempt to commandeer his cab in an attempt to escape. After Oswald had passed, SCOGGINS went to aid Tippit, who had apparently expired by this time. In addition, an ambulance had arrived, apparently from SCOGGINS' call, by the time he arrived near Tippit. According to SCOGGINS, Tippit's revolver lay in the Street, although it was clear to him that Tippit “never got to his gun." At this point, CALLAWAY approached SCOGGINS and persuaded him to drive his cab in an attempt to locate the gunman. SCOGGINS agreed and the two drove around the neighborhood in an attempt to find the suspect. The path which they took is described in the summary of the testimony of CALLAWAY.
B. Description of Lee Harvey Oswald SCOGGINS described the suspect as of medium height and slender,aged 25-26. C. Placement of Other Witnesses Ted CALLAWAY (see Callaway summary) D. Police Lineup and Identification SCOGGINS was present at a lineup held on Saturday November 23 at approximately noon. There were four men in the lineup: two were of roughly the same height as Oswald and two were some degree shorter. SCOGGINS did not indicate that the lineup was suggestive in this sense, and he picked Oswald quickly from thisiineup. SCOGGINS had seen a picture of Oswald in the newspaper before being present at the lineup. Later, however, SCOGGINS was shown four or five picture by the FBI and asked to pick Oswald from these photos. He could only narrow the decision to two of the photos shown him, and when forced to choose one of the men, did not choose Oswald. Present with SCOGGINS at the lineup was cab driver William WHALEY, who described the lineup as suggestive. It was his conclusion that anyone could have identified Oswald, since he had an argument with police officers at the time, ans since he varied substantially from the other men. In addition, Oswald was forced to give his real name and place of employment, while the other men simply gave fictitious names, addresses, and places of employment.
E. Crucial Documents CE 162L Oswald's jacket CE 522: photograph of the relative positions on the street of SCOGGINS AND TIPPIT. III. COMPARISONS AND CONCLUSIONS SCOGGINS seemed to be a reliable witness, at least to a much greater extent than many of the other witnesses in the Tippit murder. There are problems, however, with his identifications, since he was not able to pick Oswald from a group of photographs and since the lineup apparently was flawed. Further information is needed concerning both the lineup and the later showup, since SCOGGINS and his identification was relied upon heavily by the Commission. Indeed, the only other witness to the actual shooting was HELEN MARKHAM, whose testimony appears inherently unreliable. Given that SCOGGINS' identifications also face problems of reliability, this seriously weakens the case against Oswald re: Tippit.
Status in System: RT Status:Status 1: Cross neference: None Staff Review Underway AGENCY RECORD NUMBER RECORD SERIES AGENCY FILE NUMBER : Other Agency Equity: ORIGINATOR FROM TO TITLE DATE PAGES DOCUMENT TYPE SUBJECT(S) CLASSIFICATION RESTRICTIONS CURRENT STATUS DATE OF LAST REVIEW COMMENTS Date in: 01/26/96 FFFFFFFF TFFFFFFF HSCA 180-10128-10002 STEWART B. MCKINNEY'S BRIEFING MATERIALS. FOLDER X. OL None HSCA HSCA DOCUMENT INFORMATION : MCKINNEY, STEWART B. 00/00/00 ~ 144 [2 PFEES REFER A FO CEL 4A) OTHER TEXTUAL. ; CIA, STAFF.; FBI, STAFF.; USSS, STAFF.; MEXICO CITY.; NEW ORLEANS, LOUISANA.; WITNESSES. ; ’ CIA, STAFF.; STAFF.; USSS, STAFF.; MEXICO CITY.; NEW ORLEANS, LOUISANA.; WITNESSES. ; UNCLASSIFIED 256 REFERRED 08/20/93 Box 1. FBI,
Clark Anderson Senor Eusebio Azque Senor Barrios Bill Bright C03 7 Boris Dimitry Tarasoff Horacio Duran Ruben Duran fm $ . . - Werner -* wm Reference copy, JFK Collection: HSCA (RG 23) / O/2e93 | MEXICO CITY FBI - head of FBI station in Mexico City; office in U.S. Embassy; official title "Legal Attache". Cuban Consul until Nov. 18, 1963. permanent assignment in Havana. at Embassy. Recalled to Argued with LHO Mexican Special Police; interrogated Silvia Duran . about LHO contact, CIA - supervised Tarasoff Operation, collected wire tap transcripts and delivered fresh tapes to safe house outside embassy for translation. CIA - Deputy Chief of Station CIA - translated intercepted wire taps from Russian and Cuban Embassies from Russian into English; Stated to Select Committee staffers that intercepted wire tap of LHO phone call from Cuban to Russian Embassy was in English, not Russian as David Phillips testified. Not interviewed by Warren Commission. husband of Silvia Duran; employed at newspaper "El Dia" in Mexico City cousin of Silvia Duran; LHO allegedly attended a "twist" party at this individuals home; LHO arrived with two "beatnick" looking men. Senora Silvia Tirado de Duran Art Gaona Elias Charles Flick Anne Goodpasture emaloye of Cuban fmbassy, Corsular section. Allegedly met and assisted LHO in processing Cuban visa application. Present during LHO argument with Azque over delay in visa. Interrogated by Barrios, not W.C. allegedly CIA traced Renault seen outside Cuban Embassy to this individual. CIA - brought tapes to Tarasoff for translation of wiretaps. CIA - picked up transcriptions of wiretaps - took to American Embassy for dissemination; worked primarily in U.S. Embassy, and only occasionally transported tapes of wire taps for translation and transcription.
. a, “I . wy Reference copy, JFK Collection: HSCA (RG 233) ate Oo ee mete cmt: cies fete ti eceeee orca sas 6 mmaet bce teenie A Jesus Valencia Gutierrez brother of Pedro Gurierrez; told Mel Luna of the national Enquirer the story of LHO payoff outside Cuban Embassy. Kanstantinov Soviet official in Consular office - also KGB agent; Warren Commission alleges LHO possibly spoke with this individual, although it is unlikely Kanstantinov spoke English, and LHO conversation by phone from Cuban Embassy was in English. Valery Vladimirovich Kostikov Soviet Consular official - also KGB agent; Warren Commission concluded LHO spoke with Lostikov about visa to Soviet Union via Cuba; conversation in- tercepted by CIA wire tap. "Kostin" Soviet official Lho mentions in letter to Soviet Embassy in Washington as official he spoke with during phone cell from Cuban Embassy: Warren Commission concludes LHO meant "Kostikov" not "kostin® , CIA - worked in Embassy for husband {_ os J (may have sent photo of "unidentified main leaving the Soviet Embassy, thinking him to be Oswald. ) [- od J CIA - jn charge of Soviet desk, saw transcript of LHO wire tap, supervised wire tap dissemination. = fF o63 J Thomas C. Mann Ambassador on Station Mexico City 1963. Mr. & Mrs. John Bryan McFarland Saw LHO on bus for exico City 6:00 a.m. Sept. 25, 1963. Bus arrived Mexico City Sept. 27. George Misko CIA - on station; assigned to Russian desk; translated wire taps before Tarasoff arrived on station in summer 1963, , George Monrose CIA - maintained wiretaps on Cuban and Soviet ° Embassy. Supervised "safe house" where wiretaps were “recorded, Pamele ilumford Savi LHO on bus for Mexico City, evening Sept. 26, 1963 after leaving Monterey bound for Mexico City.
we Reference copy, JFK Collection: HSCA (RG 233), David Phillips Joseph Piccolo Guillama Ruiez f 03 FJ Winston Scott (deceased) Robert Shaw Mrs. Tarasoff Pedro Gutierrez Valencia Dan Vogel Allen White Patricia Winston Pavel Antonovich Yatskov Robert Zambernardi CIA - on station in Embassy as "Political Attache"; head of Cuban desk, dealt with counter propaganda. Worked directly under CIA Chief of Station, Winston Scott. Passed information of LHO tap through "proper channels: alleges tape destroyed during normal course of time within two weeks. Became CIA head of Western Hemisphere operations. CIA ~ worked under Phillips on Cuban desk. Cuban operative in Mexico City for Castro; Cousin of Veciana, CIA - worked under Phillips on Cuban desk. CIA - Chief of Station. Gave instructions as to dissemination of LHO wire tap information. CIA - worked under Phillips on Cuban desk, CIA - assisted husband in transcribing wire taps - Was present when tape of LHO wire tap call brought into "safe house”. credit investigator; allegedly saw LHO leaving the Cuban Embassy with a short, stocky, Cuban. Witness Claims he saw money being passed to LHO, and then watched as the Cuban Teft in a Renault that he feels belonged to Horacio Duran. CIA - Tarasoff gave voice identify tapes to Vogel, tapes were voice smaples of all persons Tarasoff knew to be in Soviet Embassy made fiom phore intercepts. CIA - Deputy Chief of Station after[o3 J. possibly in that position at time of LHO présence. Saw LHO on bus evening Sept. 26, 1963 en route to Mexico City from Monterrey; did not see LHO Laredo to Monterrey leg of journey. Soviet Consular official; also KGB agent. CIA - photographic expert; supervised photographic surveillance on Russian and Soviet Embassies.
Pr Reference ‘copy, P.§, Insurgentes Sur No. 309 Mexico, D.F. Mexico Sent copy of letter from LHO to "Mr, re: what do I do next? Hunt"