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Released under the John F. Kennedy

Assassination Records Collection Aet of

992(44 USC USC Note]. Case# Nw

64954 Date: 11-14-2022

Date:

07/23/98

Page * 1

AGENCY : INSCOM/CSF

RECORD NUMBER : 194-10001-10223

RECORDS SERIES : DOD AFFILIATED PERSONNEL AND INCIDENT INVESTIGATIONS

AGENCY FILE NUMBER : PAGES 116-118

JFK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

DOCUMENT INFORMATION

ORIGINATOR

FROM

JEROLD ALLEN

TO

MAJ GEN MELVILLE B. COBURN

TITLE : [ RESTRICTED ]

DATE: 10/29/69

PAGES: 3

SUBJECTS : WITNESSES & TESTIMONY

LTC WILLIAM J. HERLIHY

DOCUMENT TYPE : PAPER, TEXTUAL DOCUMENT

CLASSIFICATION: CONFIDENTIAL

RESTRICTIONS : 3

- CURRENT STATUS : RELEASED WITH DELETIONS

DATE OF LAST REVIEW : 03/14/95

OPENING CRITERIA : COMPLETION OF REVIEW BY JAG FOR RELEASABILITY

DETERMINATION

COMMENTS : COORDINATION WITH JAG HAS BEEN COMPLETED AND

DETERMINED TO BE RELEASABLE WITH RESTRICTIONS, PER

MEMO DTD 19 SEPT 95.

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CONZIDENTIAL

29 October 1969

SUBJECT: INC WILLIaN J. HerLihy, 558-36-6175

THRU:

TO:

Captain Juan D. Keller

Headguarters First U. S. Army

Office of the Staff Judge Advocate

Fort George G. Neade, Ma 20755

Major General Melville B. Coburs

Conmanding General

Ist Region, ARADCOM

Stewart Air Force BaBe, New York 12550

1. It is requested that the following witnesses be made available for

appearance before the Board in addition to those requested on 2

October 69.

a. Miss Alta Fouler, Consul, American Embassy, Brussels.

(1) It is expected that Miss fowler would testify that she

requested LIC Herlihy to Inform any American military personnel who

had become involved with the woodward brothers, that their activities

were under investigation; and, therefore, association with these

individuals was likely to cause serious embarrasament to the U. s.

Embassy and to SHAPE.

(2) Miss fowler would further testify as to the manner in

which she was interviewed inconjunction with ITC Herlthy's background

investigation. Her testimony would substantiate the fact that this

Investigation had been conducted in an improper and unprofessional

manner with a view toward placing ETC Herlthy in an unfavorable light.

Mr. Peter Bagley, Chief of CIA, Brussele, Belgium.

(1) It 1s expected that Ar. Bagley would testify to the effect

that he was interviered concerning ITC Herlthy.

118

FanF

CONNGEADED AT I FEAR INTERTALS

KOY AUTOMATICALLY DSCUASSIFIN

DOD Dits E20010

CONGIDENIIA

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Uunoe

:

SUBJECT: LIC William J. Herlihy, 558-36-6175

29 October 1969

(2) He would testify that he was questioned in an improper

manner.

(3) He would further testily that he told the investigators

that LIC Herlihy never represented himself as a member of the CIA.

c. Sgt Ortey, Office of the U. 8. Milltary Representative, Belgium.

(1) It 1s expected that Sgt Ortey will testify as to his

relationship with Mrs. Walton and the fact that during the period of

thie relationship he held a highly sensitive position at sHAPE.

(2) Sgt Ortey's testimony is relevant in that 1t would have a

direct bearing on Mrs. Walton's reputation for truth and veracity.

It is requested that the following documents be made available to

the defense in addition to those requested on 8 October 69.

a.

The complete files of all investigations conducted with reference

to the woodward brothers.

This includes counter-intelligence as well as

criminal investigations conducted in Belgium and Germany and any other

locations.

(1) The defense has reason to belleve that individuals Involved

in the Woodward case exerted pressure to influence the actions taken

against LIC Herlihy.

D. The dossier of LIC Herliby retained at the U. S. Army Intelli-

gence Command, Ft. Holabird, Maryland.

c. The dossiers and results of any investigations of Mrs. Isabelle

Walton retained by the 650th MI Detachment and the 513th MI Group.

1) These reports are relevant in that they would have a direc

earing upon Mrs. Walton's motives for making untruthful statement

concerning LIC Herlihy.

d. Record of electronic telephone intercept of conversation allegedly

between Mrs. Walton in Brussels and WIC Herlihy in stuttgart, Germany, in

Oct 1967.

3. This additional request for witnesses and documents should not be

considered final. A request has been submitted to Department of the Army

for assistant counsel who had investigated this case on behalf of ITC

Herlihy at SHAPE. Until the defense has had an opportunity to consult

with these individuals, we are not able to determine whether all possible

witnesses and documents have been requested.

117

2

WING LENN LIS

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CONDENTIA

*

SUBJECT: LIC WilZiam J. Herlihy, 558-36-6175

29 October 1969

4. On 15 sep 69, the defense requested that it be provided with a

transcript of an interview of LIC Herlihy conducted by agents of the

902nd MI Group. This request was submitted to the Conmanding Officer,

go2nd MI Group. On 1l sep 69, the defense requested that the statements

of Col Pratt and Col Matson be made available. This request was

submited to the assistant thief of staft, intelligence, Department of

the Army. Having received no reply or acknowledgment of the foregoing

requests, the defense on 24 Sep 69 made identical requests to the

Recorder, additionally requesting the statements of Mr. Peter Bagley

and Sgt Ortey. On 2 Oct 69, the defense submitted a list of requested

witnesses and documents. As of this date, the defense has only been

orally informed by the. Recorder that requests for the avallability of

requested witnesses have been sent to their respective Commanding

Officers and that attempte are being made to make the requested docu

ments available.

No attempt has been made to answer the various

questions asked by the defense in earlier correspondence, with reference

to the omission of statements and other irregularities which permeates

the records of this case. The lack of answers corroborates the already

apparent conclusion that the investigation and subseguent proceedings

were not conducted in conformity with ragulations and accepted pro-

cedures. It is therefore requested that the defense be informed in

writing as to the present status of all requests made to this date.

5. It has been brought to the attention of the defense that Brigadier

General Willian H. Blakefield has disqualffied himsell as a member of

the Board of Inquiry. The defense objects to the disgualification of

General Blakefield on his own motion. The question of General

Blakefield's prior knowledge of this case should be determined at the

time of the hearing. If at that time it appears that such knowledge

would result in projudice to the Respondent, a challenge may be made.

It 1s therefore requested that General Blakefield not be relieved as a

member of the Board. It 1s further requested that the defense be

provided with the reasons for General Blakefield's action, any and all

he had taken with respect to the allegations against ult Herlihy.

JEROID ALLEN

CPT

JAGC

Counsel for Respondent

118

CONFIDENTIAE

3

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