MEMO: TRIAL OF ROLANDO MASFERRER ROJAS
Agency: CIA
Originator: CIA
From: CHIEF HISTORICAL REVIEW GROUP
To: ASST. GENERAL COUNSEL
Document date: 11/5/93
Document type: PAPER - TEXTUAL DOCUMENT

## Page 1

JEK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

AGENCY : CIA

RECORD

NUMBER

:

104-10331-10301

RECORD

SERIES:

JFK

AGENCY FILE NUMBER

PROJEILES-CORRESPONDENCE

Released under the John

. Kennedy

assassination Records

Collection Act of 1992

DOCUMENT INFORMATION

144 USC 2107 Notel.

Case#:N 53217 Date:

AGENCY ORIGINATOR : CIA

FROM

06-24-2017

:ASST. GENERAL COUNSEL

TO : CHIEF HISTORICAL REVIEW GROUP

TITLE

: MEMO: TRIAL OF ROLANDO MASFERRER ROJAS

DATE

11/05/1993

PAGES

3

SUBJECTS : JEK ASSASSINATION

DIOSADO

PAPER

CLASSIFICATION

DOCUMENT TYPE SECRET

RESTRICTIONS : 1A

CURRENT STATUS : RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS

DATE OF LAST REVIEW

: 04/30/03

COMMENTS : JEK-M-16: F2 : 2000.02.11.07:52:21:810054

IRI - ITEM IS RESTRICTED

104-10331-10301

HH 53217

DocId: 32404430

Page 1

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SECRET

OGC 93-53509

5 November 1993

MEMORANDUM FOR:

FROM:

SUBJECT:

Chief, Historical Review Group

Robert J. Eatinger, JI.

Assistant General

Counsel

Litigation Division, OGC

Trial of Rolando Masferrer Rojas

(S)

1.

Your staff requested information concerning the subject

riminal 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?

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?

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.

In light of the General Counsel's letter to AAG Yeagley,

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, Dos would have to contest the matter in oper

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

SECRET

1N 33217 Do01d:32404430

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SUBJECT:

SECRET

Trial of Rolando Masferrer Rojas (S)

with CIA.

of a heads-up.

4.

Please call me with any questions.

2420.

Robert

1TH

53217

DooId: 32404430

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## Page 4

DCI/OGC/LD RJE: ig . 76105/ 4

NOv 1993

OGC-93-53509

Distribution:

o - Addressee

1

- DO/ IRO

1

- DPH

1 - Lit file

1

- RJE Soft file

1

1

- RJE Signer

- OGC Chrono

53217

DooId: 32404430

Page

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