MEMO:REVIEW OF AGENCY HOLDINGS REGARDING PHOTOGRAPH OF UNIDENTIFIED INDIVIDUAL IN MEXICO CITY PUBLISHED BY THE WARREN COMMISSION
Agency: CIA
Originator: CIA
To: DEPUTY CHIEF,OPS STAFF
Document date: 5/2/75
Document type: PAPER-TEXTUAL DOCUMENT

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2 May 1975

SUBJECT

REFERENCE:

The Photo of an Unidentified Individual in the Warren

Commission Report:

A Factual Chronological Survey

Memorandum

by David W. Belin to Mr. E. Harry Knoche,

15 April 1975 (Attachment A)

1.. Reference memorandum suggests it would be appropriate to

reconsider full disclosure at this time of the circumstances and factual

data relative to the Subject. The purpose of this survey is to permit a

realistic evaluation of the suggestion.

Background

2. This examination and summery of the record concerns a cropped

photograph considered by the President's Conmission on the Assassination

of

President Kennedy (hereinafter cited as the Warren Commission) and

introduced into evidence as Odum Exhibit No. 1.

The photograph

(together with others of the same individual) originated fran a highly

See Hearings Before the President's Commission on the Assassination

of President Kennedy (hereinafter cited as Hearings), Vol. XX, p. 691.

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sensitive intelligence operation being conducted

in October 1963 by the

CIA and (exican security authorities against the Soviet and Cuban

Embassies in Mexico City.

3. Under the extraordinary press of effort to develop information

on the assassin and the assassination, copies of the photograph were

made available by CIA's Mexico Station Chief on the afternoon of

22 November to the local FBI representative, and later that day,

assertedly on the decision of the Ambassador, copies were conveyed by

an FBI representative by a special flight carried out by the U.S. Naval

Attaché to the Dallas office of the FBI for possible use in the ongoing

investigation: One photograph, cropped by the FBI, was shos to

Mrs. Marguerite OSWALD (Lee Harvey OSWALD's mother) in Dallas on the

evening of 23 November 1963 by FBI Agent Bardwell D. ODUM.

• 4. The Warren Commission's report describes the sequence of events

at pp. 364-365 and 667 (Attachment 8) which ultimately resulted in

Mrs. Marguerite OSWALD's allegation that she had been shown a cropped

photo of Jack RUBY the day before he murdered her son.

(A further

complication canpounding this erroneous conclusion was the fact that

when she had been shown a copy of the same photograph in her appearance

before the Conmission, it had been cropped by the FBI in Washington in

a slightly different manner.)

5. No detail in the Warren Commission report illustrates more

vividly than this one the difficulties that beset simple truth in the

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politicized, rigidly deterministic interpretive climate that has been

nurtured by the media over the past decade about the Kennedy Assassina-

tion. The photograph, acknowledged now not to be RUBY, has continued to

preoccupy "specialists" and has

become the centerpiece of another

hypothesis that holds OSWALD to have been "framed" by the use of a

double in his activity in Mexico City?

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Lee Harvey OSWALD - Reporting on Mexico City Stay

6. Although in no way related to Lee Harvey OSWALD or his stay in

Mexico City from the morning of 27 September 1963 to the morning.of

2 October 1963, at least one set of photographs of the unidentiffed man

originated during OSWALD's stay there.. It is important, therefore, to

an understanding of the acquisition and handling of the photographs by

the Mexico Station to review what the Station ascertained and did with

the information it

developed about OSWALD in Mexico City, together with

Headquarters action on that information.

. 7. From all credible evidence known to this time (none, incidentally,

added since the exhaustively unique work of the Warren Commission),

Lee Harvey OSWALD spent four (4) full days and two (2) partial days--

about 116 hours in. all--in Mexico City from about 10:00 a.m. 27 September

2

This is the thrust of the article "The CIA and the Man Who Was Not

Oswald" by Bernard Fensterwald and George O'Toole in the New York Review

of 8ooks, a copy of which is attached to reference (Attachment A)..

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1963 to about 8:30 a.m. 2 October 1963. His place of residence was

small commercial traveler hotel, not frequented by "gringos" --the

Hotel Commercio--where he was registered under alias. Exhaustive and

detailed interviews and interrogation by the Mexican authorities and

the FBI, after the assassination, established that in the recollection of

all hotel personnel he left early,,and returned late each day of his stay.

8. Assuming, and allowing for the fact of late arrival and early

departure, that he slept one-third of the time of his stay (38 or 39

hours), there remain some 78 hours of activity to be accounted for.

Overall, CIA's information can account solely for very brief periods

during 27, 28 September and 1 October. All coverage by CIA during the

entire period was technical. The Station had no live source (Tiving

agent) coverage either unilateral or from Mexican liaison

9.. It should be noted that OSWALD was in no sense "under investi-

gation." None of the facts of his defection and stay in the USSR and

return to the U.S., 1959. - 1962, were known to Mexico Station files

before 10 October 1963, when the bare bones of his biography were

forwarded by Headquarters in response to a Station cabled report of

8 October which had forwarded, on a routine basis, what appeared to be

a contact by an American for a visa to Cuba in transit to the USSR. This

was indicated and deduced from

technically acquired information on

1 October, which was the first and only occasion in which OSWALD

identified himself (partially) by true name.

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10: At no time during his stay in Mexico City did the CIA acquire

a photo of OSWALD. A careful review of all coverage, voice intercept,

as well as photographic, of both the Soviet and Cuban Embassies was

conducted by the Station on 22 and 23 November 1963 after the assassina-

tion, going back to materials from August 1963. It is, therefore, firm

that there was no CIA photo coverage of OSWALD at any time during his

Mexico trip or stay in Mexico City. Moreover, although it had made a

cabled request on 15 October, the Mexico Station had na photo of OSWALD

in its records, nor did it receive one from Headquarters-which did not

have one either--before 22 November 1963.

11. sens this intensive review of voice intercept transcripts

by the monitor and other personnel on the basis of the 1 October inter

cept -which had been reported to Headquarters and disseminated to the

interested members of the intelligence community (as an ex-Marine OSWALD

was a Navy and FBI case under the Delimitations Agreement, and potentially

of interest to the Department of State)--turned up matches based on

content with materials intercepted on 27 and 28 September 1963. These

matches were reported to Headquarters on 23 November 1963. Analysis

based on voice comparison (except for what could be recalled by the

monitor--and this was not an insignificant element because of the

memorably poor Russian spoke by OSWALD) could not be made because the

tapes, in accordance with the normal practice, had been erased and re-used.

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12' It must be stressed that the voice intercept and photographic

coverage was not (and normally is not) processed in "real time." The

means of

acquisition and the volume of the information precludes anything

but the spot reporting

of items judged by the monitor to be of more than

ordinary interest and, therefore, noted in summary logs. Full texts of

selected items require consultation of the tape and either a full tran-

scription or full translation or both. Photo coverage tends to becane

available in quantity. lots which requires scanning and selection on a

rapid and accelerated basis in four or five day "peaks." One of the

"triggers" that normally operates to focus and accelerate more speedy

review and reporting of this kind of raw intelligence is the mention of

a name. This was precisely what occurred in the second of tho conversa-

tions on 1 October with the Soviet Embassy, during which the speaker

said

he was "Lee OSWALD." It was this information reported by the Station to

Headquarters in its first indication on OSWALD on 8 October 1963-

'13. The Mexico Station did one more thing in its 8 October report

on Lee OSWALD based on its l October voice intercepts: it coupled the

data with descriptive information. it had acquired from a sensitive

collateral source-a photograph of a male individual, apparently an

American, who was observed entering the Soviet Embarsy on 1 October.

The Station reported this detail on the 8th as a matter of coincident

fact. The Station did not assert or suggest that the data deduced from

the photo was in fact OSWALD, or indeed, was in any way related to OSWALD.

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Lee Harvey OSWALD - CIA Coverage of His Mexico City Stay

14. One additional element of background must be stipulated no as

the final precondition to understanding the relevance (or irrelevance)

of the photo of the unknown individual placed in the chain of. evidence

on 23 November in Dallas by FBI Agent Bardwell ODUM: what was the

totality of CIA Mexico's coverage of OSWALD's activity as of the after-

noon of the 23rd when all available coverage had been checked?

15. The totality of Mexico Station coverage on, or reasonably

inferable to be OSWALD, consisted of five (5) voice intercepts as follows:

a... 27 September 1963 (Friday, 1605 hours Mexico City time-

Silvia DURAN, a Mexican national,.a local employee of the Cuban

Embassy, Consular section, a receptionist, speaks with an unknown

male at the Soviet Embassy. Silvia DURAN tells the man that the

American citizen was there, the one who wants a visa for Cuba on

his way to the Soviet Union, and he wants to know with whom he was

talking there because she (Silvia DURAN) had sent him to the Soviet

Embassy saying that if they accepted him and gave him. a visa, then

the Cubans (Embassy) would also give him a visa without further

paper work, only advising Immigration in Cuba. « The American, she

says, wants to know with whom he had talked there because he says

he was told there would be no problem. The man in the Soviet

Embassy says to wait a moment. A different Soviet speaks, and

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Silvia DURAN explains the same thing to him. This man says to

leave a name and telephone number and says he will call back.

Silvia DURAN gives the telephone 11-28-47 (Cuban Consulate).

She also takes advantage of the conversation and states she has

moved and wants to advise the Soviet Embassy of her change of

address so that she can receive the Soviet Embassy's Bulletin.

The man says to call KOUKHARENKO to give her new address, then he

asks the name of the Consul or Cultural Attache. Silvia DURAN says

the name is Teresa PROENZA and the telephone number is 14-13-26.

The man says thanks.

: b. 27 September 1963 (Friday), 1626 hours Mexico City time.

An unidentified male, a Soviet, calls the Cuban Consulate, asks

Silvia DURAN if the American had been there. Silvia DURAN says he

is there now.. The Soviet says the American showed papers fran the

Consulate in Washington, that he wants to go to the Soviet Union

and be there for a long time with his wife, who is Russian,. but

the answer has not come from Washington in respect to this problem,

and according to this procedure it takes four or five months, but

without having permission from the Soviet Union they should ask, or

better

said, they cannot issue a visa there without asking Hashing-

ton. However, according to this man, he showed

a letter indicating

he was a member of an organization in favor of Cuba and that the

Cubans said that they cannot issue a visa without his having a visa

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for the Soviet Union, and now he (the Soviet) does not know what to

do with him (the American), because they have to wait for an answer

from Washington.

Silvia CURAN agrees the same problem exists with the Cubans,

that the problem with him (the American) is that he does not know

anyone in Cuba. and therefore if that is true it will be difficult

for him to get a visa for Cuba, because he was thinking of proces-

sing his visa (for the Soviet Union), because he knew it would

require waiting a long time for his visa to the Soviet Union while

in Cuba, and from there go to the Soviet Union. The Soviet said

the thing is that if his wife right now were in Washington she

would receive her visa right now, or permission, fron the Soviet

Union, to return to her country, she is going to receive her visa in

Washington but having this visa, she could communicate to any place

this permission, for example here or any place she could receive it

(visa or permission), but right now they do not have them.

Silvia DURAN says certainly. and they cannot give a letter either

because they do not know if the visa will be approved. The Soviet

says he cannot give a letter or recommendation either because he

does not know him (the American) and asks to be excused for

bothering her. Silvia DURAN says that is all right and many thanks.

c. 28 September 1963 (Saturday), 1151 hours Mexico City time.

Silvia DURAN calls the USSR Embassy and talks to an unidentified

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Soviet. She says that in the Cuban Embassy there is a forth

American who was at the Soviet Embassy. The Soviet says wait a

minute.

Silvia DURAN speaks English with someone--and comments in

Spanish that they gave APARICIO telephone

14-72-99 and to take the

number down--Silvia DURAN then says the American citizen

is going

to talk with you, i.e., the Soviet. The American first speaks

Russian and the Soviet speaks English. They continue in English.

The American talks' broken Russian and says I was in your Embassy and

spoke to your Consul. Just a minute. A Soviet takes the phone and

asks the American in English what does he want? The American says

please speak Russian. The Soviet says what else do you want? The

American says I was just now at your Embassy and they took my

address. The Soviet says I know that. The American, in hardly

recognizable Russian, says I did not know it then. I went to the

Cuban Embassy to ask them for my address, because they have it.

The Soviet says why don't you come again and leave your address

with us, it is not far from the Cuban Embassy. The American says

I'11 be there right away.

d. I October 1963 (Tuesday, 1031 hours Mexico City time.

An unknown male (Anerican) calls the Soviet Embassy, the Military

Attache's number, 15-69-87, and says to an unidentified Soviet

respondent: I was at your place last Saturday and talked to your

Consul. They said that they would send a telegram to Washington,

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(.

and I wanted to ask you if there is anything new? The Soviet says.

I would like to ask you to call another phone number?

Please write

it down: 15-60-55, and ask for a consul. Thank you.

e. I October 1963 (Tuesday), 1045 hours Mexico City time.

The same person who phoned a day or so ago and spoke in broken

Russian speaks to OBYEDKOV (a Soviet Embassy guard). He says:

This is Lee OswAlD speaking. I was at your place last saturday and

spoke to a consul, and they said that they would send a telegram to

Washington, so I wanted to find out if you have anything new? But

I don't remember the name of that consul. OBYEDKOV says:

KOSTI KOY.

He is dark (hair or skin - ?). OSWALD says yes. My name is OSWALD.

OBYEDKOV says, just a minute, I'll find out.. They say that they

have not received anything yet. OS!ALD says: Have they done

anything? OBYEDKOV says:

Yes, they say that a request has been

sent out, but nothing has been received as yet. OSWALD says, and

what . . : ? OBYEDKOV hangs up.

16. Each of these items, including the texts of the raw intercepts,

were read by, discussed with, and examined by Warren Connission staffers

in Headquarters and at the Mexico Station during a stay from 8 - 13 April

1964. 3

All were made available promptly to the FBI.

The Warren Commission group that visited the Mexico Station consisted

of Mr. Coleman, Mr. Slawson, and Mr. Willens. They examined not only the

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17. Summing up, we, can state, or by free interpretation reasonably

infer from the intercept evidence, that OSWALD made or could have made

the following contacts with the Cuban and Soviet official establishments

in Mexico City.

a. 27 September 1963 (Friday. After arrival and check-in to .

his hotel, OSWALD went first-to the Cuban Embassy where he talked

with Mrs. Silvia DURAN. The time of his first Cuban Embassy visit

is unknown. The time of his second Cuban Embassy visit was about

1600 hours (i.e., just before closing). Sometime between the two

Cuban Embassy visits, at Mrs. DURAN's indication, he must have

visited the Soviet Embassy. We have no indication who he talked

with at the Soviet Embassy.

intercepts a -e above,, but others for the 27th and one for 3 Octcher

that seemed to have relevance.

These have not been included in this

summary because they appear, on review, to be excludable from the OSWALD

matter on logical or substantive grounds, or both, bearing in mind that

the Soviet Embassy received many calls pertaining

to visa matters

On the 27th at 1037 hours the Soviet Embassy received a call from

an unknown individual speaking Spanish who said he wanted visas to go to

Odessa.

He was told the Consul was not in and to call back

at 1130.

OSWALD is known to have arrived at the Flecha Roja bus terminal on bus

#516 at circa 1000 hours on the 27th.

It was, therefore, possible for

him to have made this call. But granting this, it is unreasonable to

believe the calls were OSWALD's for the following reasons:

a. The caller wanted visas, and specifically for Odessa.

OSWALD was seeking a visa and never in any context did he specify

the Black Sea port of Odessa as a destination.

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There was no photographic coverage of OSWALD's entries

into either the Cuban or Soviet Embassies

on the 27th. The lack of

coverage on the Cuban installation is explainable:

the camera,

based on the recollection of officers still in service in Head-

quarters, was down on the 27th because of mechanical malfunction,

which was in course of correction.. Why OSWALD was missed in his

probable entry to the Soviet installation on the 27th is not yet

explained, but no technical operation of that kind is infallible.

28 September 1953 (Saturday). [Note: Both the Cuban and

Soviet Embassies were closed to the public on Saturdays. Photo-

graphic coverage was normally suspended Saturdays and Sundays-]

b. The call was directed to the correct. Soviet consular

number:: 15-60-55.

On 1 October,

OSWALD first called the wrong

number, 15-69-87 (the MA's number), and had to redirect his call to

the correct number, 15-60-55.

It seems unlikely he would have made

what would have been his initial call, on Friday the 27th, to the

correct number, and called the incorrect number on l October.

There is every reason to believe from the context of the

intercepts, para 15, a-e above, that OSWALD's first destination

after arrival and check-in to his hotel, was a visit to the cuban

Embassy.

d.: The use of the Spanish language would exclude OSWALD unless

he made use of an intermediary, which seems unlikely from what is

known of his modus operandi.

On 3 October at 1539 hours an individual speaking broken Spanish,

then English, called the Soviet Embassy and asked for a visa.

respondent

says: Call on the other phone. The requestor says: I'm

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OS:ALD, notwithstanding the holiday schedule, went on Saturday

morning to the Soviet Embassy (his second visit) where he spoke to

a Consul. He apparently could not recall his new Texas address.

At circa 1151 hours he went to the Cuban Embassy--his third entry--

where he had registered it in his visa application the day

previously. He secured the address from Mrs. DURAN and she called

the Soviet Consulate presumably to permit him to give them the

address over the phone.

Instead, the Soviet with whom OSWALD spoke

over Mrs. DURAN's telephone invited OSWALD to come back in persons.

and he said he would immediately. Presumably, thereupon OSWALD went

back to the Soviet installation (his third entry).

looking for a visa to go to Russia. The Soviet says: Please call on the

telephone

of the Consul, 15-60-55.

The requestor. says: One moment

please, I'll have to get a pencil to write the number down.. They issue

the visa there? The Soviet:

That depends on your conversation. I don"t

know about this business.

The requestor asks for the number again. The

Soviet gives him the number and tells him to ask for the Consut of the

Soviet Embassy in Mexico.

The relevance of this intercept to OSWALD is excludable on three

grounds: •

a. The use of broken Spanish.

Russian or English.:

SWALD throughout used broke

e had no competance in Spanish to handle i

conversation of this kind.

b. The substance of the request indicates a visa request in

the first stages of

initiation. OSWALD had developed his matter

with the Cubans and the Soviets the previous Saturday to a point

well beyond the stage indicated by the substance of this call.

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c. 29 September 1963 (Sunday). No activity registered.

d. 30 September 1963 (Monday). No activity registered.

(It is known that OSWALD reserved space this date on a Mexico City-

Loredo bus, departing 2 October 1963 at 0830 hours.)

e. I October 1963 (Tuesday). OSWALD made at least two calls,

at 1031 and 1045 hours, to the Soviet Embassy. He identified himself

twice during the second call when he talked with OBYEDKOV-a guard-

and referred to his talk on Saturday, probably with KOSTIKOV. There

was no photographic coverage of OSWALD on 1 October; if the follow-

ing reasoning

is correct, that was as it should be. From the context

of the two calls, there would have been no reason for him to go to

the Embassy. His case had clearly been placed at the sufferance of

the USSR Embassy in Washington. His two calls on 1 October were

concerned with whether any reply had been received from washington.

Under those circumstances, it is unreasonable to believe OSWALD

would have gone to the Soviet Embassy on that date.

18. The camera at about mid-day registered the entry into the

Soviet Embassy of a white-shirted individual who, in the opinion of the

c. OSWALD had left Mexico City, based on all the credible

evidence, the early morning of the previous day, 2 October, and

could not have made this local call.

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Station, among all the persons photographed that day, appeared to be the

only person--a non-Latin, and possibly an American--who entered the Soviet

installation.

On the chance there could be an association between the

identification data derived

from the voice intercept and the descriptive

data derived from the photograph, the Station reported the two elements

as separate facts in its cable to Headquarters on 8 October.

19. The Station's, action was not unusual and really amounted to an

analytic "quantum leap," justified by the primitive and initiatory status

of the OSWALD identification. Many examples of a similar kind of thing

can be found in the day-to-day record of Station-Headquarters correspon-

dence and reporting.

Developments from 8 October - 22 November 1963

21. Mexico Station reported to Headquarters on. 8 October (received in

Headquarters 9 October) the following initial information on OSWALD. 4

(1) On 1 October 1963, an American male who spoke

broken Russian and said his name Lee OSWALD (phonetic),

stated he was at SovEmb on 28 September when he spoke

4 Cablese has been rendered here,

and throughout, into readable English,

without substantive changes or omissions.

Cryptonyms and pseudonyms

have been omitted or put into clear text.

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with a consul whom he believed to be Valeriy

Vladimirovich KOSTIKOV. Subject asked the Soviet

guard [Ivan] OYEDKOV, who answered, if there was

anything new regarding a telegram to Washington-

OBYEDKOV upon checking said nothing had been

received yet, but the request had been sent.

(2) Mexico Station said it had photos of a male

who appeared to be an American entering the Soviet

Embassy ät 1216 hours, leaving 1222 on 1 October.

Apparent age 35, athletic build, circa 6 feet,

receding hairline, balding top.

Wore khakis and

sport shirt.

(3) No local dissemination was being made by the

Station.

21.. On 10 October 1963 at 2012Z time the WH Division responsible

for action disseminated this report to the Department of State, the FBI,

and the Navy Department by routine electrical transmission, adding some

collateral details drawn from a preliminary file review:

(1).

On 1 October

1963 a reliable and sensitive

source in Mexico reported that an American male,

who identified himself as Lee OSWALD, contacted

the Soviet Embassy in Mexico City inquiring

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whether the Embassy had received any news con-

cerning a telegram which had been sent to

Washington. The American was described as

approximately 35 years old, with an athletic

build, about 6 feet tall, with a "receding"

hairline.

(2) It is believed that OSWALD may be identical

to Lee Henry [sic] OSWALD, born on 18 October 1939

in New Orleans, Louisiana, a former U.S. Marine

who defected to the Soviet Union in October 1959

and later made arrangements through the United

States Embassy in Moscow to return to the United

States with his Russian-born wife, Marina

Nikolaevna PUSAKOVA [sic] and their child.

(3) The information in paragraph (1) is being

disseminated to your representatives in Mexico City.

Any further information received on this subject

will be furnished you. This information is being

made available to the Immigration and Naturalization

Service.

22. Although the reaction of the Headquarters desk was "by the

book" and in good time, there were a number of errors in this advisory

to the departments which, on the record, were concerned with the OSWALD

case:

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a. OSWALD's middle name was misgiven:

"Henry" for Harvey-

" The reason for this mistake is simplicity itself.

The sheet opening

the file on OSWALD on 9 December 1950 had been erroneously inscribed

"SWALD, Lee Henry." That sheet--unchanged

except for the notation of

the error--is still the first sheet in the OSWALD file.

b. His wife's maiden name was misspelled: "PUSAKOVA" for PRUSAKOVA.

Neither of these errors are significant (though they persist in the

Headquarters communications.throughout the month). More important was:

c. Paragraph (2) of the Mexico Station's report, which dealt with

a concurrent, but separate, phenomenon, the description of

an individual

observed going into and out of the Soviet Embassy, had been locked on to

Lee OSWALD as an alleged descriptive fact. The Station's qualification,

"appeared to be an American," was transformed in the flat designation of

the unidentified individual as "The American."

There can be no question that this misreading of the Mexico Station report

was an analyst's error which escaped detection in the coordination before

release: the descriptive details attributed to OSWALD were so far off the

mark as to be immediately recognizable as such by the recipients in Head-

quarters, among whom both the Navy and FBI had photos of OSWALD. (In partial

explanation, if not exculpation, be it recalled that as of that moment CIA

had no photograph of OSWALD in Headquarters or in Mexico City to refer to.)

23. Confirmation of this judgment is provided by the contents of

the cable composed by the same analyst and sent as of 2209Z time (two

hours later) to Mexico Station, referencing its 8 October cable:

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in 1102

(1) Lee OSWALD who called Sovanb 1 October

probably identical Lee Henry [sic] OSWALD born

18 October 1939, New Orleans, Louisiana, former

radar operator in United States Marines who

defected to USSR in October 1959.

OSWALD 15

five feet ten inches, one hundred sixty five

pounds, light brown wavy hair, blue eyes.

(2) On 31 October 1959 he attempted to renounce

his United States citizenship to the United States

Embassy in Moscow, indicating he had applied for

Soviet citizenship. On 13 February the US Embassy:

Moscow received an undated letter from OSWALD

postmarked Minsk on 5 February 1961 in which sub-

ject indicated he desired return of his US passport

as he wished to return to USA if "we could come

to some agreement concerning the dropping of any

legal

proceedings against me." On 8 July on his

own initiative he appeared at the Embassy with

his wife to see about his return to States.

Subject stated that he actually had never applied

for Soviet citizenship and that his application

at that time had been to remain in USSR and for a

temporary extension of

his tourist visa pending

outcome of his request. This application, according

to OSWALD, contained no reference to

Soviet

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citizenship. OSWALD stated that he had

been

enployed since 13 January 1960 in Belorussian

radio and tv factory in Minsk where he worked

as

a metal worker in research

shop. OSWALD was

married on 30 April 1961 to Marina Nikolaevna

PUSAKOVA [sic], a dental technician born 17 July

1941, USSR. •No Headquarters traces. He

attempted to arrange for his wife to join him in

Moscow so she could appear at Embassy for visa

interview: His American passport was returned

to him. US Embassy Moscow stated twenty months

of realities of life in Soviet Union had clearly

had a maturing effect on OSWALD.

(3) Latest Headquarters information was an FBI

report dated May 1962 saying the FBI had deter

mined OSWALD is still

a US citizen and both he

and his Soviet wife have exit permits and

Department of

State had

given approval for their

travel with

their infant child to USA.

(4) The Station should pass the information of

reference [its 8 October cable] and paragraph (1)

above to the Embassy, the FBI, the Navy, and I&NS

locally. The information given above as

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paragraphs (2). and (3) originated with the FBI.

(5) Reference and possible identification

being disseminated to Headquarters of FBI, State,.

Navy, and I&NS. Please keep Headquarters

advised on any further contacts or positive

identification of OSWALD.

24. Headquarters feedback to Mexico City of OSWALD's correct

description should have been sufficient, in view of the incongruities

with the details deduced from the photo of the unidentified mate, to

keep these two matters apart as investigative facts. But things did not

work out that

way.

25. Mexico Station on 15 October 1963 asked Headquarters to

"please pouch a photo of OSWALD." Headquarters electrically delivered

to the Department of the Navy the following message on 24 October 1963:

"Lee Henry [sic] OSWALD . . .

"It is requested that you forward to this office

as soon as possible two copies of the most recent

photograph you have of subject. We will forward

them to our representative in Mexico, who will

attempt to determine if the Lee OSWALD in Mexico

City and subject are the same individual."

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No photo had been received by CIA by 22 November 1963.

26. Within its limitations and capabilities, Mexico Station had

done all it could to comply with Headquarters instructions:

a. Headquarters had been alerted, and in turn those agencies

with an investigative or policy interest in OSWALD as an American

in the United States had been alerted, both in Washington and in

the field.

b. Mexico Station had no further contacts by OSWALD to report

because-as it was ultimately ascertained--he had left Mexico City

on 2 October.

c. OSWALD was not an Agency investigative responsibility, in

any case. Even with a photograph, it would have taken very special

efforts, triggered by the other interested U.S. agencies, to have

made a positive identification in view of OSWALD's hotel registra-

tion under alias.

There the matter rested until mid-day 22 November 1963.

The Insertion of the Photo of the Unidentified Indisidual into the

Chain of Evidence

27. On 22 November 1963 the Mexico Station cabled Headquarters at

2229Z time after learning of the arrest of Lee H. OSWALD, age 24,.

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possibly in connection with the assassination, and referenced its

earlier messages of 8-9 and 15 October and Headquarters' reply of

10 October. The Station requested by:

"priority pouch a photo of OSWALD so that Station

can check all recent

coverage for OSWALD. Forward-

ing soonest copies of only visitor to Soviet Embassy

on 1 October who could be identical with OSWALD."

28. It is clear that Mexico Station had forgotten that according

to its own communication the unidentified male in the photo was of

"apparent age 35" and that the accurate description of OSWALD forwarded

by Headquarters on 10 October precluded the identity with OSWALD of the

person whan they regarded as the "only visitor to the Soviet Embassy an

1 October who could be identical."

29. The Station meanwhile had begun an exhaustive and accelerated

review of all its technical and photographic intelligence. A dispatch

was prepared in accordance with the indication given in the cable of

22 November, cited in paragraph 25 above. The dispatch noted that

photo coverage of the unidentified individual had turned up on 4 and

15 October at the Soviet and Cuban Embassies, respectively. The text

of the 22 November 1963 pouched dispatch read:

"]. Attached are copies of the only photographs

obtained

• on 1 October 1963 which appeared

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to be an American. This same man visited the Soviet

Embassy on 4 October 1963.

"2. Copies of these photographs were shown to the

U.S. Ambassador on 22. November 1963 and a copy of

each of the two photographs was given to Chief FBI,

Mexico, on that date . :

"P.S. Photographs dated 15 October 1963 were

inserted after typing of dispatch. These were

taken as [thel person entered the Cuban Embassy."

Attached were eight photographs: four (of which two were marked

October on reverse) showing the individual in a white shirt, and four

(unmarked on reverse) showing the individual in a black shirt. It

would seem to be logical that the word "sets" was probably omitted from.

paragraph two of the dispatch between the words "two" and "photographs."

30. That the Station was working under forced draft is clearly

apparent fron the text of the dispatch, which tacked on a material fact

as a postscript. That fact was reported simultaneously by cable to

Headquarters at 0053Z time, 23 November:

"J.. Mexico Station has photos same unidentified

American type who is possibly OSWALD entering

Cuban: Embassy on. 15 October. Searching for

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possibility photo-documented entry Cuban Eribassy

other days.

"2. Also attempting establish OSWALD entry and

departure Mexico."

31. Headquarters, at 0136Z time, 23 November 1963, asked Mexico

Station to send a staff member with all photographs to Headquarters on

the next available flight.

32. Concurrently with or before the foregoing cables to Headquarters,

the Chief of Station, Mexico City, had spoken directly by double-talk

DeNT

telephone. with the Western Hemisphere Chief of Division,

and secured permission to give copies of the photographs of the uniden

tified individual to the Legal Attache and to make them known to the

Ambassador-

33. What happened next is best reflected in a personal note by the

Chief of Station to the WH Division Chief, mailed to the latter from

Dallas, together with copies of the photographs, by the Legal Attaches

representative who delivered them to the FBI in that city.

"22 November 1963

"Dear

DDENZ

"Reference is made to our conversation of 22 November

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in which I requested permission to give the Legal

Attache copies of photographs of a certain person

who is known to you.

"Attached are copies of each of the photographs

we: have with the dates of the visits stamped on

the back:

"At 6 p.m. Mexico time on 22 November, The Ambas-

sador decided that this was important enough to

have a member of the Legal Attache's office take

copies of these pictures to Dallas, Texas.

The

Naval Attache is making a special flight from

Mexico City for this purpose, The Legal Attache's

officer who is going to Dallas has promised to

mat! this material to you for me.

"Copies of these photographs are also being sent

by pouch

which will leave Mexico City on the

night of 22 November 1963.

"Best wishes.

IDEN I

According to a sidelined comment on this letter, the Legal Attachè's

officer was Eldon RUDD.

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• 34: The decision to remit the photographs to the FBI in Dallas

had been made by the Ambassador, according to the Chief of Station, sho

simultaneously with the FBI agent's departure reported to Headquarters

by cable (0244Z time, 23 November):

"FBI agent left here 2000 local time with two copies

each of six photos of a'person suspected to be

OSWALD, on a special flight for Dallas. He is

carrying envelope with one copy each photo for

airmail special fron Dallas to eN des at

FeNt

home as per telephone conversation with me.

One copy of each of these photos plus a copy of

each of the photos showing the same person exiting

the Cuban Embassy forwarded by memorandum leaving

by regular pouch tonight. In view of above does

Has still want a staffer with additional photo(s)?"

35. Headquarters responded two hours later, 0422Z time,

23 November 1963, cancelling its request:

"]. No need send staffer with photos. We have

asked Navy for photos again, but Mexico can see

OSWALD's picture soonest on the press wire.

"2. Have just re-emphasized to FBI Headquarters

the sensitivity of photos you are sending and also

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(

relaying names of travelers with similar names.

Note radio says OSWALD lived under alias of

O. H. LEE: "

36. On the 23rd at 1729Z time, Headquarters advised Mexico City:

"The FBI says that the photos of the man

entering the Soviet Embassy which Mexico

Station sent to Dallas were not of Lee OSwALD.

Presume Mexico Station has double-checked

dates of these photos and is also checking all

pertinent photos for possible shots of CSWALD."

37. And at this point, 20487 time, 23 November, Mexico Station

finally agreed:

"Saw photes of Lee OSWALD on television night of

22 November and it obvious photos sent to Daltas

were not identical with Lee OSWALD held in Dallas.

Dates are as given on photos.

"Mexico Station is reviewing all available photos

of persons entering Soviet and Cuban Embassies."

38. Two hours later. (2254Z time, 23 November 1963)

the Station had

reported the results of its effort to review all available coverage:

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"Complete recheck of photos of all visitors to

Cuban Embassy from August through first half of

November against good press photos shows no

evidence of OSWALD visit. Similar blank against

all Soviet Embassy photos from 1 September.

Note, only visit we know he made to Cuban Embassy

28 September; Saturday, on which Embassy closed

and we had not had coverage . . .

39. With this communication the matter of the "unidentified

individual" reaches the end of Phase I, the key element of which is the

conviction, at first latent, then expressed, that the photographed

individual might be identical. with OSWALD. This applies especially to

the Station, though at a certain point even Headquarters moved no

rebuttal despite the hard fact that the description of OSWALD and the

unidentified individual

were quite disparate.

40. This review has attempted to deal even-handedly with all items

in the case record that have a bearing on what happened. The operational

zeal, innovativeness, and the high committment of all involved,

especially in Mexico City, speaks for itself. Equally apparent-

because of the 20/20 advantage of hindsight-is the evidence of

non-performance. It was a critical failure, for example, that no photo

of OSWALD was made available--though it was expressly requested both at

Headquarters and by the field--or that it was not more aggressively

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sought by CIA, before 22 November. A photograph of OSWALD would have

ob: iated--in a way the mere possession of a correct physical description

evidently could not--the whole successive deterioration of what began in

Mexico City as an impressionistic selection of the photograph on

1 October 1963 into a cause celebre today. .

40. It should be clear from this factual survey that never had

there been a cause celebre with less intrinsic merit. It is equally

clear from the facts themselves that there was nothing contrived or

conspired in what happened, unless

we have now descended to that point

in human values achieved under STALIN in the USSR and under HITLER in

Germany, where just a plain mistake is per se evidence of conspiracy.

The Genesis and Development of Odum Exhibit No. 1 and

Cormission Exhibit 237

41. Special Agent of the FBI, Bardwell D. ODUM, on 23 November

1963

showed one of the six photos flown up fron Mexico City the previous

day to OSWALD's mother, Marguerite OSWALD. ODUM himself had trimmed off

the background by straight cuts. Mrs. OSWALD had no recognition of the

image in the photograph. ODUM's own detailed account may be found in

Hearings, op cit, Vol. XX, p. 268.

42. The photograph shows the unidentified individual in a black

shirt. It was one of the five photos taken of him in front of the Soviet

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Embassy in Mexico City on 4 October 1963, two days after OSWALD had

left the city.

43. At this point, for the record, the total available photo

coverage of the unidentified individual numbers twelve (12) photographs:

a. Five (5) taken on 1 October 1963, entering

and exiting the

Soviet Embassy.. He is garbed in a white shirt and light-colored

(khaki-? trousers.

b. Five (5) taken on 4 October 1963 in front of the Soviet

Embassy. He is garbed in a dark, open, button-down shirt with a

high-neckline undershirt showing and dark trousers.

c.. Two (2) taken on 15 October 1963 in front of the Cuban

Embassy. He is wearing a dark, collarless T-shirt or light sweater.

The negatives of all of these are extent

and are now held in Headquarters

as integral parts of the OSWALD and related file holdings.

44. The result of ODUM's display of the photograph--to repeat, a

cropped version of one of those noted under paragraph 43b, above--was

Mrs. Marguerite OSWALD's allegation that she had been shown a picture of

her son's killer, Jack RUBY, a day before he perpetuated the deed! Again

the Warren Commission Report (pp. 364-365, 367) exhaustively disposes

of this erroneous charge and requires no repetition here. A complica-

ting fact developed along the way was

Mrs. OSWALD's (correct) observation,

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when she finally admitted before the Conmission that the

ODUM

photograph

was not RUbY, was that the photo had been cropped differently from the

• one she

had been shown in Dallas. Inspector MALLEY's cropped version of

the ODUM photograph became Commission Exhibit 237 (see Hearings,

Vol. XVI, p. 638).

45. The net effect of the developments in

the hearings of the

Commission was to requife the admission of the cropped photograph into

evidence in a chain of depositions beginning with ODUM, including the

FBI Inspector, James R. MALLEY (who had trimmed the photograph used by

the Commission in Washington), and Richard HELMS, who deposed for tha

originator. These documents speak for themselves and will be found in

the Hearings; Vol. XI, pp. 468-470.

46. Mexiço Station and other senior Agency officers strongly

advised against the publication of the photograph in any form on the

grounds that the Soviets would be immediately alerted to the

existence

of a useful and continuing U.S. intelligence operation, and the opera-

tion would go down the drain. There were repeated cables exchanged on

this point between Headquarters and Mexico Station during the summer

of 1964, in particular from 23 September to 15 October 1964 when the

Station had plans underway to abandon the operation.

47. In acceding to the Commission's request for a deposition,

Mr. HELMS, then the Deputy Director. for Plans, replied affirmatively to

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(

.

1.

Mr. RANKIN by memorandum of 23 June 1964 which included the

following

additional observation:

"The Central Intelligence Agency recommends that

this photograph not be reproduced in the Commis-

sion's report because it would jeopardize a most

confidential and productive operation. In

addition, it could be embarrassing to the indivi-

dual involved who as far as the Agency is aware

had no connection with Lee Harvey OSWALD or the

assassination of President KENNEDY."

48. In this instance the needs of the Commission prevailed over

the DCI's statutory obligation to protect sources and methods. The

"Unidentified Individual" remains to this day unidentified and there is

no credible evidence up to this time to rebut the assertion made by

Mr. HELMS in the concluding sentence of his memorandum to Mr. RANKIN on

23 June 1964. And the operation did, as predicted, go down the drain.

Within a week of the public appearance of the Odum Exhibit No. 1 and

Cormission Exhibit 237, members of the Soviet Embassy began systematic

efforts to survey the surrounding buildings, ostensibly for rental

space, but clearly their inquiries were directed to spotting possible

camera sites. The operation was continued in any case. Within a year

it had become almost totally unproductive in coverage on Arericans in

contact with the Embassy--a clear sign that this category of visitor

was being

warned away by the Soviets themselves.

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Phase III: The "Unidentified Man" Photographs, 1964 - 1975

49. ' As could be foreseen, there has been persistent pressure by

critics of the Warren Commission Report to exploit Odum Exhibit No. 1

and Commission Exhibit No. 237 for partisan

interpretive purposes. A

considerable correspondence has accumulated since the end of 1964 in

which the Agency has attempted to be responsive to these requests and,

simultaneously, has tried to satisfy what has been its sole interest

from the inception of the matter: to protect the method of acquisition

of the photograph and the foreign liaison relationship which made the

acquisition possible.

50. Follaving are highlights from the correspondence during the

current phase.

- a. On 16. May 1967, over the signature of the General Counsel

of the Agency, Lawrence R.. HOUSTON, CIA voluntarily submitted a

statement about the photograph to Judge BAGERT of the Criminal

District Court for the Parish of Orleans, State of Louisiana.

The response dealt affirmatively with the contents of the subpoena

that had been delivered to the United States Marshall in the District

of Columbia, despite the fact that the subpoena could not be

executed because of the lack of jurisdiction.

Mr. HOUSTON proferred on Agency behalf categoric assur-

ances to the court regarding

the inaccuracy of statements and

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inferances made by Mr. GARRISON in New Orleans about the photograph

of the unidentified individual.. The following is extracted from

Mr. HOUSTON's menorandum.

"Because of the publicity which has surrounded the

Orleans Parish Grand Jury proceedings, we have

recently carried out an exhaustive search of the

files of the Central Intelligence Agency for any

picture of Lee Harvey OSWALD taken in Mexico. As

a result of this search, I can state categorically

that the files of this Agency do not contain, and

never have contained, any such picture of

Lee Harvey OSWALD taken in Mexico and that we have

no information whatsoever that any such photograph

ever existed. To the best of our knowledge and •

information, therefore, there is no such photograph.

Furthermore, the photograph which is printed in the

Warren Connission Report, Exhibit No. 237 in Volume

XVI, never contained more than one figure, and the

figure in the photograph depicts an individual who,

to our knowledge, has not been identified The

circumstances of the filing

of this photograph with

the Warren Commission are set forth in affidavits

on pages 468 and 469 of Volume XI, Hearings Before

the President's Commission on the Assassination of

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President Kennedy. Consequently, we have no record

of any photograph that answers in any way

the

description of the one we understand

was requested

in the subpoena.

"I hope you will accept this information in this

form in the spirit of cooperation in which it is

proferred."

b. The Agency has repeatedly serviced requests about the

identify of

the unknown individual fren Mr. Emory L. BROWN, Jr.

Route #4, Box: 82, Squankum Road, Farmingdale, New Jersey. The last

exchange of correspondence in our record covered the period

4 - 17 April 1970.

c... Detailed inquiries on the unidentified individual were

received on 1 and 24 November 1971, to which the Agency responded

on 15. November and 14 December, respectively, from

Mr. Paul L. HOCH, 1735 Highland Place #2, Berkeley, California.

d.

The most extensive effort to pursue the unidentified

individual was and is being made by Bernard FENSTERWALD, Jr., Bho

is now Executive Director of a Committee to Investigate Assassina-

tions, 927 55th Street, N.W., Washington, D.C., beginning on

22 March 1971, shortly after the Agency declassified Commission

Document No. 674, and extending through 11 October 1972, after the

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EGRET

(

FBI's declassification of Commission Document No. 556. On 8 April

1971, Mr. FENSTERWALO was invited tu the Agency for a discussion

with the General Counsel, fir. HOUSTO, of his question about the

photograph of the unknown individual. Two other photographs uf

the unidentified individual, in addition to the photograph

depicted in the two Commission exhibits, were shown to him at that

time. It is a matter of more than ordinary interest to note that

on this occasion Mr. FENSTERWALD, who was accompanied by his

partner, Mr. William OHLHAUSEN, told Mr. HOUSTON and another

representative of the Agency in attendance that he knew who the

unidentified man was. The following is extracted from Mr.. HOUSTON'S

Memorandum of Record, & April 1971:

"3. Mr. FENSTERWALD came to my office this

morning with his partner, William G. OHLHAUSEN,

looked at the other photographs, and told us he

did know who the man was. He said he is presently

serving a prison term somewhere in the United

States and admitted that he had known OSWALD, but

Mr. FENSTERWALD said there was nothing to indicate

any connection between the man in the photographs

and the assassination of President KENNEDY.

Mr. FENSTERWALD did not give us the man's name at

this time, as he said enough people had suffered

unnecessarily from allegations that they were

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associated with the assassination, but he did

say he was sure we had a file on the man. He

asked if he could have the photographs, and I

asked how he could use them. He said he did

not know and finally agreed

that for the time

being he would not press his request....

The whole meeting was extremely friendly and

they thanked is for our response."

• The following is extracted from the Memorandum of Record

IDEN 53

by the other CIA man present,

"Mr. FENSTERWALD said he knew who the person

was and had spoken to him; that the man was too

• nervous to come forth on his own. FENSTERWALD •

would not give the man's name but said he is an

American, serving a prison term in this country

on a criminal charge, and that he had met OSWALD

in Mexico. I asked whether the prisoner had any

conspiratorial relationship with OSWALD.

FENSTERWALD replied he did not know the answer

as he had not interviewed the man as yet.

We

reiterated that we did not know who the man

was, and said that we would like to know his

identity. FENSTERWALD replied that CIA has

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SACHE T

thick file on the unknown man, and that we will

be furnished his nane in dua course.

Mr. FENSTERWALD made no reference in his subsequent

conversations and correspondence to this allegation about the identity

of the "Unidentified Individual," though the claim, if true, would

be of direct evidential intérest and possibly permit us to assert

with finality what'we believe has been the fact from the beginning:

the: "Unidentified Man" has nothing to do with the OSWALD case at all.

Attachment A: Memorandum by David W. Belin to Mr. E. Harry Knoche,

dated 1,5 April 1975, with attachment: "The CIA and

the Man Who Was Not Oswald" from the New York Review

of Books, by Bernard Fensterwald and George O'Toole.

Attachment B:

Pages 364, 365, and 667 from the Warren Connission's

report:

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1E75-1875

CONA

Wadigton, DO 20500

ATTACHNENT A

David W. Belin.

Executigo Directs:

C. luudas Dillon:

Sion M. Griswold,

Lane Kirkand :,

Limon L Lemnitzer

Rond Reagan.

Erigar F. Silannion, Ura

Nocil 15, 1975

ME- E-

Henry Knoche

Assistant to the Director

Central Intelligence Agency

washington, D.C-

Dear Mr. Knoche:

As you know, Lee Harvey Oswald was in Mexico City in

late Septenber and early October, 1963.

Shortly after

he left Mexico City a photograph was taken of an American

male and a question was raised whether or not this male vas

Lee Harvey Oswald.

The CIA and the Warren Cornission both

determined that the picture was not of lee Harvey. Oswald

and that the picture was taken after Oswald leit Mexico

City®

Although portions of this record have been released to the

public, other portions. have remained classified because

of concerns by the CIA at the time that a release of the

full picture might disclose sources and methods which the

CIA feltiwere not in the national interest to disclose at

that tine.

In light of the false allegations about the

assassination of President Kennedy and the false allegations

of CTA involvement, I feel that it would be appropriate to

reconsider whether or not the entire matter car be fully

aisclosed at this time.

I would like to receive by April 22 a full report from

the CIA on this entire matter.

Sincerely yours,

David W. Belin

Executive Director

SCAP30691 814

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Tao CIA and the Moe Who Was No. Oswald

Somard Fensieraid and

Conga OIcola

i wege scion the assassizaiion of

Kannedy. o.

November- 22,

853, the Contes! Intelligezes Agency

=: the folowing tsistype messags lo

1= Feder: Bureau of- Irrestization

nd tha Departments of Stata and the

• Subjet Lea Heer OSWALD

1.C: 1 Octaber: 1963 a reliaolai

and sensitive sourCe'In Maxico

rponed lui an Ammissa mals,

idertited himsali as Lee

Eirba35y in Mexico City inquiring

whithen the Embassy had recsired

ty rary cornnis a talega

weh hast been sant to Washing®

ton, The america was described

as apprarimately 35 years old,

wian an aliletic build, about siz

feet tall, with a receding hairlins.

2. It is bellsved that OSHÄLD

may be identies to. Les Henry

OSWALD, bom on .18 October

11939 in New Orleang, Louisiana A

Tomer U.S. Maise who defected

lo the Soviet Unign in Octobar

3959 and lair made arrangement.

hga she United Stateg

Bassy in Moscam to setum to the

United Siates with his Russian-

muszkov?, and their child.

The information is paragraph

jews dainiraied to your

Represen sures in

Mexico City.

Azy imamn intimation reseived

on tai subject wili be fumisiad

Jou. Thi information is- being

mice arriedle to the Immigration

and macarization Serrica.

Yas the las flerry Oswald of the

is messa

ine Marry Os:ald? Yes,

citing is

Ricard ileims, then chie!

lio Agamar, Clandescin: Services.

= Mach inn: iramorardun is J.

inel counsel lo the

Coation intes siplained

:: "o:';.

•:."

rain: was

erroneously gives as "Henry" in the

subject line and in parazzai tuo of

dise dissemination. .:. The maiden sur

name Of dirs. OSWALD was mistaken!

isted as "PUSAKOVe"

.. Bar Les Fanty, Ordild was noi

•approximaily 35 jears old, with ar

athletic buids, he was tweniy-three

yesss oid and slanda:? Apparenily tee

ClA. was concerned about in=

dis-

depancy, lo: on October 23 it sent

the following messaga to the Dapari-

ment of the Nary:-

Subject: Lee Henry OSIVALD

• Referees is made. to CIA Out:

Trietypa No. 74673 ° (the earlier

messaga), dated 10 Ociober 1963,

regarding possibla presence of sus

ject in Mexico Gity. It is requested

• that you forward to this office as

•"sãon as possible two copiss of tha

most recent photograph you have

of subject. We will forwad them

•80 our represantative in Mexico,

who will attempt to determine if

the Ise OSWALD in Mexico City

wale subjest are dha same individ.

Since Oswald liad served in

Marine Corps, which comesunder the

adminisiration of the Navy, his persor.

nel records would have included his

What tie Agency did not say in this

cable is that it had in iis possession a

tire man who had.

apparently "identified hinsir" as Os

wald. Tre man in the ClA photo was

not Lee Haray Oswald; he was, just as

soures" had described him, approxi-

mately thisty-fire years.aid, with an

schielie unad and a secediag hailize.

is a mamorindum by

Dave's picines of Oiwaid and only

concluded alter las' assassination tha!

to different peogie were invaired."

Meannhils, ine photograph was deliv

8h: FSi ra Norember 22,

One can only quess at tre corfusias

caused of the picture The F2l nasdad

no iNars pirategaon to establist inai

the mystery min wry not Oswald-Lec

Harry Osaid was sittite handentici

in a third-loor offce of the Dallas

police headgeartas The next day

Spacial Agent Bardaall D.-Odum was

dispatcized with the photogagh to lia

mold where Oswaid's wiis and moits

•were hidden. He stored the piciure io

Mrs. Marguerite Osald, mother of thr

accused assassin. lifts. Oswaid looked at

the -photo and told Oduer sae didn't

recognize the man? The following

3Y, Bowner, startly after hei son was

mundered in the hastmast of Dalla

City Hall, Sirs Oswald eronanasty

identited the mystery man. She told

the press the FAl had shown her-1;

pictere of Jack Forby the night before

Mrs. Oswalds mistake was. under

standable le myster, man: bore a

superficial resemblanes to Jack Ruby.

and in her recollection of a briet

Blance at the phoogaph, to faces

became ons. Bot the misidentifictian

made it necessary for the Warren

Commission to refer, however obligue-

1y, to the altais of the mystery men.

In the twenty-sie volumes of pubished

restimony and evidence supplementary

to the Warren Report, the Commission

printed the picture laat wis shown t

The Waren Report

contains a very brief recount of the

"Accordine to the Reposi, the ClA

• had provided the FBi with a piolo-

graph or ta man sio, it was tought

at the tims, might lara been asseciated

with Oscala, The Rapor, quaicd in

original photograph had been icken by

the ClA outside of the United Sidie;

sometime beiweer: Juby b

The Commission's expirzaios

soto inscurate and ritadira Ti-

implication last the ClA trougar li-

---

## Page 43

13-00000

tail an Unladly chai.

úl emois and sucidenially lizirsel both

tie

mand i: choickoon and ths

in Who "critted" the Sariet Em-

¿aid to lea flarey Osmaid.

The train was furtser obscured by

ine Reports raorenca lo 8:= Heimy

which described the room.

sances in whist the mystery man was

chologagned only in the most vagus

and sangal temas

The affidarit was.

La Nues! 7, l9at" However, ia

Commission

never

rientioned

Report or in is twenty six supplements.

colames test it had obtained an

"alier cladait from Hairas on July 22,

1004 1n

which, he was much riore

strish,

swas taken in Missies

City or

October 4. 1953.'33 (Thi

sailer Helms aifidavit was reisased is

1957 ebrougi tea elforts of Paul Focia

i privata researcher.)

There is no available record that

Pichard Heims evar told thy Warren

Commission exactly whore in Mexica

Cly, too mystery man was, photo

sagued, bul the ciretimiances in.

which tha photograph was given to tha

Commission 'offer. a. very plausiblo.

susation, The ClA required the 'FBI

to crop out the background in tha

photo balore handing ir. over to the.

Commissioa"" The obrious conclusion

is that the photograp's was taken by a

hidden sunillance camur, and the

Cis wish to myoid disclosing its

Jocation. Accorting to knowledgaable

losner employees of the CIA, tha

Sovie? and Cuban embassies, among

oliers in Mexico City, were under

constant photoziphie surveillance at

ine time. It searas likely then that the.

according to the CIA;

a he resing the bato cly

iphed leaving the Mexico City

of the Soviet Union or.of

some otie: communist couriry.

The first paslie hint that the mys.

terj man may haze been impersonating

Öswald cam: in 1966, with the pabli-

o! Edward Jay Epsteir's lis

eus?, a scholarig study of the Warren

Commission's

Epstein

interriewed

one of the Commission's legal

staft

who socalled the ineident. He said he

j: asiad trimond G. Rosca, the

any's lion

wich ise Commis

so..: ::: photeerapi. The lax.

"it later tied tid word front the ajency

Che FabeS0 come 0227

lawyer. dold Rossin

third tasy rever

called him back and ta: lairon Report

conisias no expianion of the Ab=i-

cy's mistake 17

Anotner piece of the pussie fail isio

place zaily in 1971, when the Nationzi

Archives religed a previoully classified

memorandum about the mysicry mai

• from• Richard Helms to tha Commis

ion's genaral counsel, J. Lee Rans

Dated March

24: 1954, th

memo triomed Rankin:.

Or 22 and 23 Noismber, in-

mediately

fallowing the assesi

nation of President Keneedy, these

cabled reports mare receivel from

[deleted) in Mexico. Cily salsicia

to photograghs of an unidentited

mon who visited the Cuban and

• Soviet Embassizs in tral city du:-

ing

October and

November

1963....

. On the basis of these cabies, Helms

went on to say, the ClA had seri

séveral reports to the Secret Servica

Attached to the Heims memoradu

'were paraphrases of these reports?0

Jwo dsalt with the mystery man:

Mesage to the Protective Re-

search Staft, 'The Secret Service,

"delivered by hand on 23 Noven-

ber 1963, at 1030 30455

Through sources amilabla 8o i

Tre CLA [daisted} had coma inte

possassion of a photogragi of a

unidentified

person

trought to

have visited the Cuban Embassy in

mid-October, This individual, it

way believed at the time, mizht be

identical

with Lea 'Haryey OS-

WALD.38

and,

Messag= lo

the Protective e

search Stall, The Sscret Service,

delvered

by hand on 23 Noven-

ber 1953, at 1030 hours.

CIA Headquarters was informed

(delstad) on 23 November thai

several photozrapis of a person

knows

to

frequent the

Soviet:

Embassy ia Mexico City, and who

might be identical with

Lee Har

vey OSWALD, had been forwarded

to Washinsion by the hand of a

United Stakes,

offizial retuning to

this court.

firmed ten "che subja: of lie phola

sighs mentioned in tiese segors is

the brassis.

•?==

17. to

Cuira enorrica 13s it the son=

mysery man hose picture had beer.

rotte, Quaaid Doppeleine?

Firin evidenc=

of tire existence of

aguitional phoice zain at the unidenti-

Fied mas mentionsd in

the

Heres

Rapore was-turned up. by Roceri

• Snith, a private. resancher. In 1912

Smith, liner restarch director for iha

Commission

to lavestigate Assassinan

•tons, was poning cher sores recently:

declassified Janes Cammission deçui

:ments wran ha found rafarence to ise!

mystay papia cod lua diner vianis of

the sere persor?* Smith caled

the autoars, Bemasd Fessierwald, Wiro

instituted a suit under le Fraedar of

picturas. The pavemment yicided ard

tumed over the photogranas to Fet-

starwald, and Swith

They ars pub.

lisited kare for tire first tims:

The two-nay yows. of the mystery

man were takem -at a difierent time

from the first gichure. In the first

picture, the or= publisiod in the

Vasten Commission volumes,, he is

waring a longstered darle shirt and

sopzars empiy haaded in the to new

photos he is maring a start-slered

white shirt and is easying somo kind.

of bag or pouch, The nes phoios also

show him holding a srall passporti

sized boodlet and want appares to be a

wallet. As in tim fest photogrph, the

backgrounds of the two sen photos

lave baen 'cropped out Whoever hé

E35, he miraged to be photographed

apparatig by tie CLA's kiddaa sure

veillance cameras

on al least ti

sparis occasions And seither of t

ney photogratahs reelis asy reset

blance between tire mystery-tuat ai

Lee Haivey Oswid

The Werten Corrission concludi

that Oswald had been in Mexico in lo:

September

and. exig October- 1963

Records of Mexican Customs and Ir

migation, bus limes, sad a Mexico Cia

hotel indiaste tiri

Oswaid entere

Mexico 2l Nuero Liredo on Me U

border on Septemose 26, traveled to

IS BO METICO CHY, aTiving there 1à

to ti:

United Sciles an Osioner 335 passe:

Sis On

the bes to Marico Cit

remembered Osmaid, dul laere is a

mosi no ejamieras testimony to 5i=

Fuit lie Commissiar's resorsiresto

of Osmail's mormers afier l= airie

in thai cior 3à The Parmirnis For

---

## Page 44

13-00000

ing it On me a is!

rest henry ung the all davis el one

alarien

icabail 3i ise Cuban Erisasso37

wino

Silvia Trada de Duran was secretary

i0 tea Cissa Coral in Marico City.

in a son salem ne?" sis gars ta she

leputy discior of Merican Federal

jeerity 01 No ember 23, 1963, sha

sid that Dimaid iad risited ths Cuban

insany in lie Septeraber to apply

wist.

Cuba during

laned ena 1o ie Soriet Union. Mrs

roan reached 3 heared excharge be

Cend and the Consul when

= citri! told him his roguest

naiú na: to canid lamediaiely. She•

imamama maijna s "seriofficia!"

c: is the Soried Embary to

3 1a 5p:: 19 aation en Orwald's

jalisatis.

She identilied

the Lee

any Gold who visited the Cuöan

101351E

impopen: ra Nevoriter, 23,3 alexican.

" ві!"..

::: MD9936, 3100916

or der a littoon

neissages reporier tried to intervies.

hec in April 195% Her husband would.

not permit ina man to spezk, with her,

saying "she had suffered a nervous.

breakdown following her interrogation

by the Mexican aulnorities and had

been prohibited by her physician...

from discussing the Oswald. matter

further 130 if this report is, corract,

..the interrogation of Silvia Duran cy

have been a more emotional interriew

than one would conclude 'from. the

report forvarded by the blerican po

lice. The report gives the impression

that the police were routinaly colleci-

ing informatión about Oswald's Mezi-

can trip for the American authorities.

One question that arises is whether

Duran's statement was given volun-

tarily, and, it sos, whether her identi-

fication of Oswald as the visitor to the

embassy is 1a!ia.

The Warren Commission may here

omitted

foll

exploratio.

of

this

question techuse it had collateral evi-

dance of Oswald's visit to the Criban

Embass%.. Thare were,

for exurgle.

Osmaid's soplication for a Cuban siss.

casting

his. photograch

and

signa-

and a leites reportally written

by Osmaid to too Sovisi Embassy in

mashingion, referring to his sist to the

The address book

possessions.

moreover, coctare Dunn's rame and

telegions nugart, Zut le coly cred.

ible eyemitness tentions that Oswald.

in tres visited to entasy. is

the

What giewed in the light of the

Featly declaud erdance sugzesting

that sonions right bays visited the;

3378

dinary. It is probacin that the CLA did

is feet supple an exylanalion of the-

photagraphs tart was enough to satisfy

the Commission at the tims. If sa, that"

explanation serains a part of tha

classined liarren Commission doct-

ments not availabla to the pablic.

Raymond Roces (miro,

unti. his

reces resignsion, was the Agency's

aciian officer for all pasi taten Ro

port inquiries about the matter) told

one of the sutzors tin: lies ClA could

not identits the mysiery men. It this is

so, we may woader how the Agency

could hare oftered a saisincions en

pirution of the incident to tha Con.-

mission

lini! ridisara! ducurents

bearing on this matter ang deciassilisa,

the conclusion Bal Osual really visis-

củ the Civad Erabasy ersi remin in

sume doubi But eyes it ta dil, the

quastion veiles sureone tras never-

risiess irjirz so impersossie hima re-

---

## Page 45

13-00000

= Sarisa

- caria embasses don

1963, what implica-

tuna michi be drawn from

this diss

naiarj? Dra sovious inierpretation is

puni someone sought to counterteit a

fresh connection between the man who

soOn

become

the

accused

presidentia:

isassin ail the govera

pianis of chois iso communis: couc

1695s

But ic is

not necessary lo

saiculais

further. It someone were

wag to impersonate Oswald

eizat

risess. Before th=

Lanes Commission's pesory of a lone

unconnecial with ay; cor..

spiricy,

is seriousy undermined and

the case should be reopened.

Tigera

could

of course, an

cane' to misidentity-the mystery man

as 1 Harvey.

Oswald: Oswaid may

actaly dague visited: the Cuba, and

Soviet embassies. If this were the cass,

then somewhere in the ClA's files

where should be photographs of the

real Lea Harvey Oswald daparting from

the: Soviet and Cuban embassies in

City. Il those photographs

exist, their pacliention would bely 10

settle the question. It they don't, tha.

CiA should cow explain why not. In

¡sither case, it should also disclose what

i knows about the man it wrongly

identified as Oswald on two separata

occasiors. It should-explain why it

beleves that this man was not imper

sonating Orwald. All. thase

matters

shouid ba cisrified both by the ClA

lisair. and by the congressional com-

mitters that are about to investigale its

, zctivities..

D

i,:l.

Whirder,

IC.

FIbid. Her corect maiden naina jas

Frustrava.

3Report of the Presicari's Commissior.

on the durecinction of President Ken-

redy (US Government Printing Office,

196÷), p. 194. (Heisalter, Pepars.)

*Commission Dosument 631, op cit.

SIbid.

"Hecrings Before ine Presidert's Cors-

mission on the Asassination of Presi

dant Kernedy (US Govemment Prini-

ing Office,

1954),

(hereafter, Heerings)

Yol.

11, p. 469

YIbid.; p. 468.

"Ibid., Odum Exaibit 1:

*Report, p. 364.

1°Ibid., pp. 354365.

"Hearings, Vol. 11, p. 469'

8ª Commission Document 1?87, The

National Archives, Washington, DC.

13 Ibid.

3* Hearings, Vol, 11, P- 469.

15 Edward Isy Epstein, Inquast:

The

Warren Commission end she Estchlish

ment of Truth (Vising, 1956).

16Mr. Rocca,

CIA'S

"deputy chiel of the

Counterintelligence • Staff,. was

one of the four senior Agency officinis

who

resigned

last December in

the

wake of The New York Timer's revela

tions of illegal domestic operatians by

the ClA's Clandestine Services.

1ª Epstein, Irquest, p. 94.

"Commission Document

674, The

National Archives, Washington, DC.

1ª Ibid.

z0ibid.

21 ¡bid.

22lbid.

536.

ir:

National Arcitres, WaSiation, DC. 22.

3-4.

35 Keperi, p. 297.

26/bid.,. pp. 733-736-

2Ibid., p.

73%. Two alier witnesses

told the FBi trey sam Oswald it-th=

Cubin Embassy.

A Mexican

private

detective who had visited tis cmoss?

on October 1, 1963, identitied Oswaid

from newspaper photayiars as some

one he had seen leaving the embassy

on that date in the company

or a

Cuban. The detective was snown. othe

phoios of Oswald and failed to idea

tily him, and lie Fll seims to hzve

concluded that he was mistaken (Cori-

mission- Document 555). The Harrea

Report doès not'offer tra detecrive's

testimony is evidence of Oiwald's visi

Another witness

who clined to. have

5e=7

Oswald at the Cuban Eribassu

retracied his testimony after lading to

pass a polygraph examination (Report,

p. 303)-

25Commission Documeat 7753,

The

National Archies, Viassington, DC

39Ibick, p. 5.

"Erwings; Commission Exhibis 255

*Toid, Cosmission Exhisit is.

BERNARD FEASTERWALD is Direcior of tha Com

mittee so Investigato Assassinations and was Chief

Counsel for Sensio: Edward Long's investization of

zovernmant wiretipping.

GEORGE O'TOOLE is the

former chief of the Probiem Analysis Branch of lie

CIA His bodes incudo a doval, an digera on fee

Oirer Sile,

and, rost recently.

The Peasaiactiont

Tegus: An Elecironie Prove inio tre Merler uf Jolie:

É, Kennedy onl die Rulei Goverso.

---

## Page 46

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(

SECRET

2 May 1975

MEMORANDUM FOR: Deputy Chief, Operations Staff

SUBJECT

:. Review of Agency Holdings regarding

Photograph of Unidentified Individual

in Mexico City published by the

Warren Commission

REFERENCE

Letter dated 15 April 1975 by

Mr. David W. Belin, Executive Director

of the Commission on CIA Activities

within

the United States, to

Mr. E. Henry Knoche (copy

attached to

accompanying report)

This is further to, and in completion of, my

interim memorandum of a few weeks ago.

2.

The attachment is a detailed review

in narrative,

chronological order - together with appropriate comment-

ary - of our extensive holdings on the OSWALD case that

have a bearing on the matter of photographs taken by

Mexico City Station on L, Giand 15 October 1963 of an

Unidentified Individual.

As a corsequence

of a combina-

tion of analytical error, misjudgement and under the

stress of an urgent desire to contribute to the develop-

ment of the investigation of the assassination, a

cropped versior of one of the photographs of the

Unidentified Individual was introduced

into the chain of

evidence in the OSWALD case on 23 November 1963 by an

FBI representative in Dallas.

successive vicissi-

tudas which have now made this event a cause celebre

right down to the present moment are detailed in the

narrative.

SECRET

---

## Page 47

13-00000

SECRET

The attached report is not intended to be an

answer to the Fenstervald/O'Toole article which Mr. Belin

attaches to his memorandum.

(I have prepared a paragraph-

by-paragraph refutation and comment on that article,

which I believe is more appropriately handled by a sepa-

rate memorandum to Mr. Belin,

and I will prepare this as

a memorandum if that is desired.)

jui dinnie

tigers's

4.

The point of the referenced memorandum is that

consideration should be given now to "whether or not the

entire matter can be fully disclosed at this time."

submission is designed to make it possible for you, the

IG and others whom

you may desire to consult to make this

decision.

The narrative-interpretive summary has been

put together in such a way that it discloses no cyptonyms.

pseudonyms or other CIA jargon.

However, its contents go

well beyond what has been released to the public thus far

in the Warren Commission documentation.

This point must

be borne in mind in making a decision on Mr. Belin's

question.

To remove any question in anybody's mind about

our good faith in this matter, the narrative is backed up

by copies of actual documentation fron our files.

seems to me necessary,

in reply to Mr.. Belin,

, that he of

his representative

review the documentation that backs up

the narrative.

The documentation has not been keyed into

the narrative presentation, but it follows the chronologi-

cal order of presentation from 9 October into the latest

developments in the matter,

and there is an overall index

to facilitate reference to individual items.

INB: There

The tit

is only one copy of this collection; this is it.!

As noted above, one of the photographs taken in

Mexico City on 4 October 1963 was introduced into the

Warren Commission public record.

However, it was intro-

duced into that record in two cropped versions. The

Warren Commission and its staff were made fully aware in

the course of their inquiry at Headquarters and in

Mexico City of the origins of the photograph, the fact

that we had additional photographs of the same individual

5113175

at different times in Mexico City and on the basis

of full knowledge of these facts reached their own con-

clusions regarding the irrelevance of the photograph to

OSWALD and the assassination.

6. In fact, we actually hold twelve different photo-.

graphs of the Unidentified Individual.

Each of these are?

reproduced in the collected documentation backing up the

narrative report (see Items 25 - 27). Chief, LA Division,

2

SECRET

---

## Page 48

13-00000

(

SE

C

E

had indicated in writing to Chief, CIOPS, that he has no

objection for Mr. Belin

to do whatever is desired with

these photographs at this time. It should be noted that

Mr. Fensterwald in 1971 - 1972 was actually shown, by

Mr. Houston during a visit to the Agency,

two of the

twelve photographs, other than the one already published

in the Warren Commission report.

(It is these two.that

he has published in The New York Review of Books article

which Mr. Belin attaches to his memorandum.

It seems to me that whoever makes a decision on

whether the entire matter can be fully disclosed at this.

time should bear in mind that a subsidiary decision must

also be made, i.e:, Whether to crop or otherwise fuzz up

the background of

the photographs or, alternatively, to

publish the entire run of the photographs for the first

time without taking out the background.

Obviously, none

of these questions apply to the passage of this material

to Mr. Belin and the Rockefeller Commission itself.

think they should see the entire documentation as it

Perhaps after that, the question of what could

be discussed. and the question of "how?" and "how much?"

could be taken up with Mr. Belin himself.

My personal

recommendation is that the more we can say about this

matter in a fully open and final manner,

the better off

we will be as an Agency.

But it is my understanding

that there are still sensitive aspects deriving from the

fact that the operation which produced the photographs

was jointly. Im with Mexican liaison and as a conseguence

• publication at this time would create additional problems

at that level in Mexico. Also, it should be noted that

che Ambassador, according to Win Scott's memorandum to

J.C. King on 22 November 1963 (see Item 8 in the backug

documentation), allegedly played a direct role in the

decision to put the photographs into the hands of the FBI

in Dallas laterally from the Field.

As far as I know,

there has not been anything published about this aspect

at any time in the past nor have we had any discussions

with the State Department about that aspect of the matter.

DEN 32

Attachments:

as stated

3

SECRET

---