Originator: FBI
From: CREGAR, W. O.
To: PERRIGO
Document date: 26/12/91 00:00
Document type: PAPER, TEXTUAL DOCUMENT, PHOTOGRAPH

## Page 1

NAR

ORIGINALS

Subject

File #

JFK Assassication

+6 62-109040-83072 (Bof 2018)

NW 54999

DocId: 32989522 Page 1

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## Page 2

sont

Sullivan

Conrad

Mr.

branigan

Falte

Redberger

Billion

Jr.

Esalsor vAttn

Entorr)

1 - Hr. Putnan

BY LIAISON

tot

5195)

Septenber 15, 1960

The Chiot

Defoose Atonto Support Agency

The Peatazon

Hantington, De Ca

Johai roger Foovor, Director

ALL INFORMATION CONTAINED

123483090e

Thoro are coctosou thron contos et a connoalee

as of tAx porsonact of cals Zaraou tho will attend the

Pontagon nuclear mépoa briotings on octeber 5, D, and 9e 1966,

Tour courtesy la moting the betollugs stallesto te

not 18

resch apm

1400€

Knotoeness (24

These briefings are hold by the Defense Atomic Support Agency

(DASA) triée a year-

they include current data on new wcapons,

deliyary systems, woapons phonomena, and future weapons development.

Jug Baroau has a standing invitation to send porsonnel to these

brictings and no have done zo at each session in the past.

Dolenge Atouic

along with a composite roster in tripicate of parsonnel fon

the

Buroan who will attond these briefings.

the briefings are to be

held in Room 511070, the Pentagon. DASA has requestod that

Individuals attending use bus service to got to tbe Pontagon

Inasauch as parkingit vernlinitedupifach briefing will last

three bours.

PDPinab (14)

2E6 12 11 22 Wed

95221

Page 2

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## Page 3

Maria

Orig. & 2

Yollow

Lita

Belmont

Sullivan

conrad

Branigan

Walte

a horger

KL111on

129r0n

aison (attn: Briow)

Pathan

acher 15, 2964

NO MOE, NEEDED LOS DISRADON ELAN SAIONS

BRUNOLICS ON 09C02 5, 31130 8 1 106500

Collowing porsonaol of the Lot ui11 attend tia

= tho tama and estoa out forti

100702r

balays

October 5, 1901

1030 поті - 123а ль3

Mamen B. Riales

Insa He Coarad

Wilton de Benelo

Botober 8, 2061

8:00.1.2 + 12602.1-25

Eatlip 2. Antone

Chales L. 33111on

Atricos dr lebita

Botches 9, 1061

3190 B04 - 11100200

Ilding to batigren

lousy be Daltorter, Jr.

Menanese

PDPinab (15)

NW 54999 Dogd:32989522 Page 3

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## Page 4

1

1

- Hit. Belnont

- HI. Evans

Mr. Stanley

= Str. Engelstad

August 13, 1964

BY COURIEE SERVICE

Bosorable Walter 1. JenkiDS

Spretal Anulatant to the President

The White House

Hashiaston, D. C.

DORT NI. JenKIDA:

AL!. INPORE 0% CONTRINED

1-18-97. 5668520/SR

With retoronos to the killing of thIne Crinnett

Counts, GeOTElA, Fallon dIfIcare whose bodies note louDe

On ADF1I 17, 1964, L0 & FUTAI AFOR DEAT ALLANtA, GOAFEI,

our Atlanta Office has cuntinued to work closely v1th the

GoOFElA DUFESU Of InvestigatioN. On the day the bodies

voro found the lipocial Afont In Charge of onz Atlanta

Off1ee mont to the scene, offered IDI tochnical asslatance,

and Til Agents assisted in a search of the area.

deterined at that tine that the oftleere mod

sponded to

a citiren's telephone call reporting susalogoa

RetiritteE

in the ares.

ise.

Not fAr fron where the boules Mere igynd "as

located & 1983 Oldmobile which had been turned.

Local

authorities detorained that the car had bean stolen 1n

ThE ETERTEX ALlANTA, GEOTELA, ATOR. It MAS AllO detErAlDeS

that thero bad been

InstaTicea of CArE hAULA biop stolen IroN

he notropolitan Atlents area, which cars had been talen to

tho BeRThy tural areas and stripped. local authorities hali

connidered the posslbility that the victta offleers sld

surprisod iad1viceals noo moto ontaged in th1s tipe, pf

aparation. There hAs boRs no intormation developedi,

Indianting any interatate anglo to the car theft activity.

14: 101:4

1

• Nt. Mot

- Hr.

- IT. FrOSteT

JUE: 8Ub

(11)

NW 54999 DocId: 32989522 Page 4

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## Page 5

Honorable Halter W. Jenkins

Assistant Director Delanck contacted

Governor sanders on the evening of Auguet 11, 1004,

and adv1s0d hin of our class norting arrangeuents w1th

tHe GROTELA BUTORN 0I

Investlestion, and that in vier of

the Governor's interont, to had taken this nutter up will

the Civil Mirats Dirsalon of the Departnont of Justice,

which had ruled that the facts did not constitute a

natter vithin the juriediocion of the fel. Govertos

sanders advised that he undorstood the situstion and

requested that me consult ulth the coorgia bureau of

InvestIgatIon and coveI any out-of-state leads which

might develop.

le have, of course, been covering out-of-

stato leads, and Governor fandore was advised te would

continue to randos all possible resistance to the ceorgia

Bureau of Inventigation, Including the coverage of suci

sincerely yours,

- 3 =

NW 54999

DocId: 32989522 Page

5

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## Page 6

NiX. Sonzad

+ bion 015 teet

I

1 - HI. Cadigan

February 24, 1964

R. D. 0x1111th

ALL ESCORTON CONFARED

11891 5648SL0/KSR

Unsull ans, jacquellot Leasedy

VIXEN

(JFK)

By securanéun dated 2/19/66, Iron HI. Sosen to it. Belsoat

an envolope pustnatter 2/10/04, at jarsallle,

france, addieased to

MAstor lo HANDedy, illadatoI o1 instico, tastington, U.S.A., ane

iscompanyiar threo-page anonymous letter handeritten in french dated

3/11/04, san furelated to the laboratory.

Thes latter, destraited RE

12, na5e5 seurrilores refuronce to ire. tonnady.

The basewIlting on speeluen l1 una not 1dent1110d with any

of the natarial la tho Asoninous lotter 111e.

A photograph of tale

handwriting 111l be addod to tate file.

rue mintired evidence is attached.

EXCOLMINUTION:

That this astorandus and the attactuaat do forwarded

to the caneral

Investigative nivision for appropriate action.

I147205 AX

INCIONUIS

1 = NT. EB1s5012t

1

MT.

tabr

I - HIT. 5u111981

JCC: G2%

(10)

NW 54999 DocId: 32989522 Page 6

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## Page 7

Mr. Conrad

• MT.

Criffith

1

- Mr. Hegvold

Mr. Conrad

5/1/64

W. D. Griffith

Unsub;

MT S•

J. F. Kennedy - Victim;

Anonynous Letter

ALL INFORMATION CONTAINED

HERE 984255648_SL0 KS

(JFIC)

On 4/29/64 Liaison Section Supervisor 0. H. Bartlett

forwarded to the Laboratory an anonymous hand printed letter

addressed to Mrs.

J. F. Kennedy, which letter

was made

available

by Mr. Chester Miller of the Secret Service.

Nr. Miller

submitted this to the Bureau as a matter of information and

stated socret sorvice.does

s not desire the lotter be returned.

The letter in question does not contain any threats

but instead is scurrilous, insulting and psychopathic in its

content.

It was furrishod to the Laboratory with the suggestion

that it be searched through our Anonymous Letter File.: This

3332

letter, postmarked lampton, Iowa, 4/24/64, was searched through

the Anonyoous Letter File but was not idontified with any of

the writers of sinilar communications maintained in this file.

We have added copies to the Anonymous Letter File for reference

purposes.

According to Supervisor Bartlett, no further action

is required of the Bureau, with respect to this anonymous letter,

since no threat is made and he will simply advise Socret Service.

that we have not identified the writer of this letter as a

result of a search of the laboratory's Anonymous Letter File.

RECOMMENDATION:: That this menorandum be forwarded to Domestic

Intolligence /for appropriate action.

Division

Enclosures.

1 - Mr.. Belmont.

1 - Mr. Sullivan (MT. Bartlett)

AEM: NDG; en

(G)

NW 54999 DocId: 32989522. Page 7

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## Page 8

В ДР ТАЙ

6196-

7007

MRS J. F. KeNNEDY

WASHINGTON

D,Cr ..

Gx@0o-2-38132-81a8/6ysop

FOR

PEAC

1: 18-47 5668520/1S

(JFK)!

NW 54999 DooId: 32989522

Page 8

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## Page 9

side.

NewHAMPtON IOWA

APRIL 201964

They Will NeveR get To the

MOON OR the Sun FORHe

WILLdESTROY ALLLiKE

he did whenhe pARted

The WATeR: ANd drawvedi

MRS-EKENNEDY

ALL thAI CROSSEd OVER;

I have beeN WANtiNG to WRiTeto.

ANd he God wiLt dolt

You foR soMetiMe. Idid NoT.

by Fire Next time.

Vote FoR YoURMAN. IdoNtLike See WhAT hAppeNedo

CAthoLiCS, ANd he WAS NOT

GLEN YOURMAN DISTRATe

the youngest to be PRes, Teddy :

LiNCOLN. MCKINNLEY. *

RooseveLT WAS. (Look it up)

NeveR did A thinG Like

You werethe nost of Altthe

Get the KenNeDys outt

PRes. tO hAVe theRe NAMeS.

of thE WhiTe House it

iN the NEWSPAPERSB Ne

OR MORe WiLL MEeT Fhe

the MoStoLANy: HORSE bACK

SAMEFATe, Just the otheR

RidiNG, SWIMiNG, HAVING

DAY- NeWS CAMe oUt thAt?

Kids cut out of your bodyike Rabert KeNNedy WAS-to-bet

YoudoNt KNow How it feLTTo

NexT Get aut whILe going

hAVE theM, LiKE MARY Did, TheY

1S: Goodi IAMGLAd thAt.

ALL ShOULd hAVe DidEd. YOU:.

CApeKeN Nedy hAd ANOtheR-

should hAvE TAKEN TheM with

ExpLoisioN Inopethey.

NW 54999

DocId: 32989522

Page 9

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## Page 10

YoU sothey CoULD hAVE

SeeN WhAt hAppeNed tothieR

DAD. IF yoU Let this MANGO

.=

that Shot OSWALdeJACK

About YoUR MAN A Big

Ruby hiRed oswAld to .

MoutHANd A hUNKOf

Do the dirty work. Jack

hAIR, YOUR MAN WAS-

WAS the oNe, hEWAS AfRAId

NoT the oNLy pResithere

OSWALd WOuLd telL who

WeRE 30thERS thiAt were

hired. Youdont beLieve it

GREATER. INNeW thiS WouLd

Doyou? WhY Did you hAve

HAppEN ANditDid. I CANTE

tO buy SUCh A LARGe See howyoU COuLD Ride horSe

MANSION A RODIS WERE

BACK, Isee your goiNG on

bigenough. Just. Look And trips. SuRe daNt LooK

see ALL the pooR Little; As thoyou feel to bad

ChiLDReN yoU Gould heLp WehAVE A MAN NOW WhO:

Then you shoutd: Keep.

'KNOWS SOMEThINGIT WASO

YOURNAME ANd PICtUReS TEK WhO StARTed thiS:

out of the PApeRs. NeVeR ASTRoNOTS Stuff My.?"

befoRE hAS ANY PReS. DONe.

BibLe SAys God MAde

thAt Muc@n; NIXON/S.

thIS EARTH, MOON, SWn,*

GLAD HE WAS NOT PRES NOW. STARS. hE CREATEd MAN

ItISERVE WHAt WAS SAId ANd ALL

LIVING beINGS

NW 54999

DocId: 32989522 Page 10

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## Page 11

=

bLOW UP SeCALLithe:

MeN thAt ARe beiNG:

STUFFhAS beinG: ONi

CLeAN house At the white

KeNNedy Did It

ALL YOU WIlL De NEXT

MoNey ISNt eVeR thiNGi

ROOtOfALLEViL.

ANd thIS ChANGiNGtIME

I Go by GodS TiMe, SuNUp

SuN@doWN Is Good eNOUGh

FOR Me. IWiSh ALL booKs

Records, PIctuRes, NeWS,

About YOUR KiNd OftRASt!

TRUMAN ShOULd HAVE

bEEN ANOthER MAN tobe

putout of the wAY

WAShINGTON, LINCOLN

NW 54999

DocId: 32989522

Page 11

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## Page 12

EIsENhoWeR.MCKiNNLey

Not one. of then wANted.

toGo to the MOoN ORSuN

thAt.. is.GodPRopeRty

My BibLe Is RePeAtiNGIN

Its SELS VOLCANO ONLi

Good FRIFLOOdS FiRES

EARth GUARES,

God SAYS IN MY BIbLEH!

LEt WOMAN destRoy i

WAH WhAT. I HAVE CReAted

1 53 I

560t519

in !

NW 54999 DooId: 32989522

Page 12

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## Page 13

F- in. Grade

1 - Fir.

1 - tir. Bohn

1x. Conrad

w. Do Criffith

3/10/64

JOSEFIT KENNEDY

:118-97 -5648510/5R

(JFK)

the items describer below were furnished to the Burenu by

the U. S. leerat Service, Those items were received in the FEI

Laboratory on 3/9/64.

01

White envolope bearing handwritten address to "j'.

Jeseph

Kannedy

Palm Reach Florida

c/o The Ihite Isues

lashingten,

n. C. "

nostracked "HE! YOrK, it. I. _Pli 29 FC3 1064

931

02

Sheet of white folded naper

bearing handuritten letter dated

"February 1964

are feelinr..."

" and besinning "Dear sir:

I hope that trou

and signed "Cood Luck."

The writing on 01 and 32 vas compared with the appropriate

sections of the Anonyrcus Letter Tile.

to identification was made.

Copies are being added to this file for future reference.

To indentod writing on waternarks were found in Q1 and 12.

21 le a white envelope measuring approximately 6.5 by 3.0 incher.

22 is - sheet of folded paper.

Then unfolded 02 mergures

annronirately 11 by 8.5 inchas. Q1 and 02 are written in serint

titi blue ink.

11 and 02 are attached hereto.

MECCIDIDATION :

It lo recornended that this manorandum, titi

atinched enclosurasy be fomarcad to the Liaison

Soction for appropriate handling.

Enclosures (2)

I, = "Sp, Belront

I - 11, Sulliven (O. 1. Bartlett, 845 P3)

Crüter:

(7)

NW 54999 DocId: 32989522 Page 13

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## Page 14

I-aoetory, Tganmltal Form

To:

#LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C.

FBI, Chicago (9-3509)

Date:

Fcbruaxy 19, 1904

Re:

VINDs SACQUELANE KENNEDY

~afoover

. sgon oc tone one

FBI File No.

Lab. No.

D142972 AX

Examination requested by:

Reference:

Examination requested:

Remarks:

Chicago

Airtel 2/14/64

Document

ALFOT NCIGED

:1-18-97 5668 SLD/KSR

(JFK)

EncIoBures (2) (2 Lab xpt)

1 - MX, J. P. O'Keeffe, Fu. 5714 (sent direct)

JCC:GFM (7)

ADMINISTRATIVE PAGE

NW 54999 DocId:32989522 Page 14

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## Page 15

- 7-5

To:

Re:

REPORT

of the

-BI

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C.

FOX, Chicago

UnsUb; JACQUELINE RENNEDY

VIZEX

Date:

FBI File No.

Lab. No.

February 19, 2904

IN 142972 AX

Specimens received 2/77/G4

Ino envelopes and accompanyins lotters in the Portai

JUSZCZAR

Result of exantnation:

It was concluded that the post card, of, proviously

subaltted was written by SPANISLANA JUSZCZAE,

El te retaliede

ICC: GFM

(7)

NW 54999

DocId: 32989522 Page 15

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## Page 16

r. minone

Fabizaary lU, 100%

A, Hones

A MOONe TUR CONTALO

118-97 5468 520/KSR

TER)

JACUUILINE RINUBIE - VICTIA

CHORTION

This concome i threatoatey obscone post cari which

vas sritton to sictim la tho folios lanquege and bostonited

2/0/01 st Calcasa,

Ill1aola.

the post card was anaigied and

the manage yas incoheroat and partly illouible.

However,

11 boro the rotarn addres at 3042 loath Milvanboe AvoIn,

city 1702 frai

Qur cetongo Offlou aurisod that ono Spanialana Jasesak,

1410 Horth Sadado Avenue,

Chtcago, was possibly Idontical vith

the unknona mubjoct le this instanco, alnco that individual was

subjeot of an antontion invastigation during 1058 «bon sio

adultted iritise soveral oberone throatoniae lottars in the Polish

Languago over a perlad al thres pates.

weirs that lavestigation

subjact alaiod sito rocodred ulynate fros hor soutue saanine

find

compasad misdo unile imployod.

me also statod sassons then

ssolo this suade and sho Inter hourd it piayod on tb0 radio.

At

that time the suas at Ahieuro doolined pronoution becats 1t

vas his contation tho subjoct vas rentally doflelent.

Un at Chiango nas custantod concernin; Instant vost

card on W/15/01, and ho daterzod prosocutiva opinion comorning

this caso until uriting on pout card could bo coopared irita

handwriting of suspoct Jussak by Bureau Laberntary. Tho

Iabor2r07y bas adrisod that handritiar idontifiention establishos

that businet Juement troto the pout card to tar. latedy.

RomaIts ol Laboratory arantastion sara s01t to

Chianço 3/13134.

Onlonso boise tantructod to locata and intorrios

inlalans susaaras and then imodiatoly rrosant to tall for

Liaison should adviso soniot tarvice al tho love

1: BI liastbario our Labortery or the won boine rasponsible los

vital the canl rocalved by tre. Hennady.

. от

Z wa

Sonne

de. Trotter

Sx111van

44999

DocId: 32070522 Page 16

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## Page 17

]

Mr. Contad

- Mr.

Griffith

1 - Mr. Cadigan

February 16, 1964

Mr. Conxad

W. D. Griffith

ALL INFORMATION CONTAINED

Unsub; Jacqueline Keanedy

Victim

Extortion

(J54)

The purpose of this manorandun is to advise that an

obscene post card writtan in Polish previously roceived at the

Bureau was written by one Spanislava Juszczak, a resident of

Chicago, Illinois.

The obscene poet card written in Polish was previously

received in the Bureau on February 12, 1901, and designated as

Ql in the Laboratory:

By airtel of Fobruary 14, 1064, the Chicago Office

submitted known handwriting of one Spanislava Juszczak, who

presently resides at 2419 North Kedate Avenue, Chicago, and

handwriting identification establishes that she wrote the obscene

post caid.

A Laboratory report is beine sent to Chicago concerning

this identification.

RECOMMENDATION: (1) That this acmorandun be forwarded for the

attention of the General Investigative Division

(2)

Since Mr. D. D. Flohr of the Secret Service

We previously adule tell meetin

the receipt of the poet card, liaison

should advise Secret Service of the handwriting

Identification set out above

D-492972 AK

1 - Me. Belnont

1 - Mr, Sullivan

- Mr', Hosen (Mr, Conley)

1 - L1a1aon Section

JCC :gic (8)

NW 54999 DocId: 32909522 Page 17

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## Page 18

.

DIRECTOR, FBI

ATTENTION: FBI LABORATORY

SAG, CINCINNATI (55-0) (C)

PROTECTION OF THE PRESIDENT

OF THE UNITED STATES

1/17/64

111"=

1118-47.5668 SLDKSL

(JFK)

Enclosed herewith for the FBI Laboratory are the

original and seven copies of a letterhead memorandum suitable

for dissemination.

On 1/4/64, Mr. E. I. SCOTT, Supervisor, Research

Photograph, Mead Central Research, The Mead Corporation,

Chillicothe, Ohio, contacted SA ROBERT J. BARADA of the

eye cameras"

on the Presidential car. Mr. SCOIT indicated

that the use of this type of camera mounted on the Presidential

car while President was travelling through various cities

would record any action against the President and could later

be used as evidence.

He stated that in his opinion it could

also be used as a protective device. Mr. SCOTT specified the

fish-eye cameras would merely record action on a movie-type

film. It was suggested to Mr. SCOIT by SA BARADA that this

could possibly be used in connection with a closed television

circult by which one man could monitor the complete area

around the President's car. He stated this would be an

additional possibility but would have several limitations.

The attached letterhead memorandum which includes

a sketch by Mr. SCOTT of the mounting of the cameras and

notations of how they would operate is being forwarded to

the FBI Laboratory for their observations and notations. It

is thought that after reviewing the suggestion by SCOTT, the

Laboratory may went to make some additions or corrections

and if justified may want to refer the suggestion to Secret

Service.

3 - Bureau (Enc. 8)

1 - Cincinnati

RJB/hja

(4)

NW 54999 DOOId: 32989522

Page 18

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## Page 19

In Reply, Please Refer to

File No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Cincinnati, Oblo

January 17, 1964

ALL IRFORATION CONTAINED

ive:

T 14897-36685KDKS

Protection of the President

of the United States

(JFK)

On Jarazazy 4, 1964, MT. I. I. SCOtt, Supervisor,

Razoarch Photograph, lead Central Research, The Mead Corporation,

Chillicothe, Ohlo, rosidenco addrers 356 Meadon Lara,

chillicothe, Oblo, furnished the following suggastions In

the hope that It night possibly be an ald to the protection

of the President.

MI, Seott suggented the use of "finh-oge" lens

CARRIAD.

He explained "fIsh-oya" 18 a gonerle torn for

extensive vide angle coverage by mans of a procision groamo

lens. MI, Scott indicatod that one type of lons mus un son

180 degree "flah-eye" lens nade by ilkon. He suggested

placing tho 35ma caneras back lo back on the top of tie

windahlald frane for record purposes. He sald thera cameras

could be sutonatle or Internal tining cameras, alectionle

daphra controlled with the aformentioned lons. He statec

he came as abould be no placed to be acorepie, del.

pictura at desiied Intervala stilch would cover the entiro

presidential couto.

MI. SCOtt indicated that coverage would be in

assence 360 degreas and nould Include the car occupants.

atated exposure, that la diaphraza opentags, rould be auto

matically not for any lightlug conditions (underpass to

bright aroas).

He

HI. Scott atatad that an assassination attempt on

the President would be completely recorded on fils and could

bo important evidence at a later date, He stated the 11lm

could raveal an opened windon with a gun barral protruding.

or sore type of evidence which could lator be unad to Identify

tha individual attempting the asssssination.

NN 54999 DooId: 32989522 Page 19

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## Page 20

Mr. Scott further indicated that an additional

possibility would be a closed circuit television setup

utilizing "Elah-eye" lens, wiere one or two Secret Service

agents could observe the entire area around the President

by riding in a car carrying & screen on which the closed

circuit television would be projected. Mr. Scott indicated,

however, that there were limitations to this type of a

arrangement. He atated that all pictures would have to be

on tape, and power failure or circult troubla could cause

interference at a crucial time.

He indicated that tho

combined televisions and twin cameras would give coverage

that would be Invaluable as a documentary record as well as

an imediate observation of the area.

Mt. scott indicated that the photographs in the

camera could later be developad and examined and known

fanatica and agitatore could be pinpointed at various

locations, If these individuals continued to Ie-appear in

different locations some action might be warranted.

Attached herewith is a photostatic copy of a

diawing made by Mr. Scott diagraming hia aforementioned

suggestion.

Mr. Scott indicated that his idea in submitting

the above suggestion was without any thought of personel

publicity ox temunaration and he atated that in his opinion

this was a small way in which he could contribute something

for the good of his country.

THIS IS LOANEO TO YOU EY THE FEI, I

AND NEITHER IT NOR HIS CONTENTS

ARE TO BE DISTRISUTEO OUTSIDE THE

AGENCY TO WHICH LOANED.

NW 54999

DocId: 32989522 Page 20

-2 a

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## Page 21

tO TWO FISH-EYE" CAMERAS. *

A 'THE" CAR

, CENTE LINE

* PASSENGERS

B AGENTS CAR

I CLOSED CIRCUIT TV

WITH "FISH-EYE" LENS

INCLUDING TAPED VIDEO

XAGENTS

ALL INFORMATION CONTAINED

HN2-184703468 SLD/KSR

Camera augle is.

20 story boldg.

from ground lavel

to infinity:

*¿I$ COUSEAG WOULD BE

APPOX. 360° " THIs WOuLD

INCLUDE THE" CARS OCCUPANTS.

Froud bear

This note to feuther explain

the fish-eye" auce TV recsiduig i

special peonages entowuage and

OPULEW

Two 35 mm

CAMERAS

CURULED

WINDSHHERD

NW 54999 DocId: 3298852RNBSFeRD

EXSCOTT

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## Page 22

thats

June 12, 1000

in Comin

I - Mr. McKinnon

680612031

F6A1* ACTION

Lloutenant General James Ni. Gavin

U. i Iny (retired)

25 ^ corn lark

Cambrlage, Massachusetts 02140

:1-18-97.5668 510/1SR

(JFK)

Lear General Gavin:

I am in receipt of your letters of June 7, 1963, and the

encloaures to those letters.

The facts concerning the posstole threats made agalnst

the chiluren of former t'realdent John f. ennedy are being

brought to the attention of the aps rogriate United States torney

for il; consideration as to whether a violation of the Federal

Extortion Statute exists.

I indeed appreclate your bringing this to ray attention.

Sincerely,

I - New York (Enclosures 6)

I - Houston

(Enclosures 6)

1 = Dallas

(Enclosures 6)

• ..

"i.:

SEE NOTE FOR SECS F/GE 2.

1.%.

CRM:pah

(7)

SE FINET

SEE NOTE PAGE 3...

→ se uncia sesses Rope da

---

## Page 23

NOTE FOR SACS:

Enclosed for each office is I copy each of 2 letters, true

copies of those letters, and & envelopes received by General Gavin

who furnished them to the Bureau. They were mailed from

Corpus Christi, Texas, 6/2/68 and 5/23/68. Reference is made to

Bureau phone calls to New York and Houston, 6/10/68, in which you

were instructed to advise U. §. Secret Service locally and appropriate

local authorities of the possible threats. Houston promptly discuss

the facts in this case with the appropriate U. S. Attorney for a

prosecutive opinion under the Federal Extortion Statute. Advise

Bureau results in form suitable for dissemination. New York insure

that U. S. Secret Service and local authorities have been advised.

This is being submitted to the Dallas Office for information as it is

indicated the subject has mailed letters in the past to General Gavin

from Thunderbird Lodge, Abilene, Texas.

General Gavin, by letters dated 6/7/68, furnished a

letter containing possible threats to the children of former Fresident

Lennedy. This letter contains no legible signature. By letter dated

the same date, General Gavin advised his secretary had found other

letters, apparently sent by the same individual, in his files. He

indicated he does not know this individual. The other letters were

sent to him by Wendall Tarver, 1435 Devon Drive, Apt. #5,

vorpus christ, Texas, 78415.

The threatening communication is

being examined in the EBI Laboratory. A comparison will be made

of the threatening communication with the other letters sent by Tarver

to determine if he is the writer of the letter containing possible threats.

You will be advised of the results.

NW 54999 DocId: 32989522

Page 23

---

## Page 24

NOTE:

By letter dated 6/7/68, former Lt. General James M.

Gavin, Cambridge, Massachusetts, forwarded a letter containing an

illegible signature which, at the end states, "The Beret people is

going to take Care of John John and Caroline Kennedy." The letter

is rambling in nature, is illegible in some instances,

however, is a

scurrilous, anti-Semitic communication. By another letter dated

the same date, General Gavin stated his secretary had found other

letters sent to him, apparently by the writer of the scurrilous

communication. They were sent to him by the subject Wendall Tarver

of Corpus Christi, Texas. General Gavin indicated he does not

know Tarver.

Bureau files indicate a person by the name of Wendall J.

Parver, possibly identical with the subject, wrote the Bureau in 1967

saying he was accused by State Department of corresponding with

individuals out of the United States. Secret Service advised Friday,

June 10, 1968.

General Gavin is retired from the U. S. Army and is

currently with Arthur D. Little, Inc., a research organization in

Cambridge, Massachusetts.

- 3-

NIX 54999 DocId: 32989522

Page 24

---

## Page 25

NAR

ORIGINALS

Subject

JFK ASSASSiNatioN.

File #

62-109068-8307X Bulky

Part I

ANW 54999, DocId: 32989522 Page 25

---

## Page 26

FEDERAL BURBAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHEET (JFK MATERIALS)

Page(s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[]

Subsection 1A (intelligence agent's identity)

[]

Subsection 1B (intelligence source or method)

[]

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[1 Subsection 2

(living person who provided

confidential information)

Subsection 3

[]

Subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently requiring

protection)

[]

Subsection 5

(security or protective procedure,

currently or expected to be utilized)

[]

Information pertained to a matter unrelated to the JFK

Assassination investigation.

It For your information:-

FOTA

Id The following number is to be used for reference

regarding this page (these pages):/

62-109060-83024

Bulky

XXXXXXXXXX

XXXXXXXXXX

xxxxxxxxxx

XxXXXXXXXX

XXXXXXXX*X

XXXXXXXXXX

NW 54999

DocId: 32989522 Page 26

---

## Page 27

Lesbay

dan.

Tho Deputy Attorney Cocoral

He •

W. C. Sullivan

Mr.

Kro C. D. Bronsan

Decenber 18, 1070

Director, FBI

Schuts

As a

Wattson

SHAEDON OF INFORKATICA ACT

Reforeces is ends

to your letter of Decenboy 1l,

1970, and to ito attachuonse walch pertain to yequests fron

ax. Marold Volsterg for additional Infonsation couceroing

tho ansessination de Fronicort Posasuy-

72. Notchers's nogponta regaire antonaiva racesze

and locuirios of cui

147 755537607-7755

Motleosz toro

In the field hara baon airect,

you will bo turniered our

1W:28

NOTE:

The request received by the Department for intormation

Tron FBI files 1s fron Harold Weisberg, & man who has written savora

books critical of the Warren Commission, the FBI, Secret Service,

police agencies ned other branches of the Government rolating to the

ascussination investigation.

Als writings have contained Inaccuracles

falsehcoda and deliborate slanting of facts to fit his purpoze.:

was che of ten employees fired by the State Departnent during 1947

because of suspicion of being a conunist or having comnnistic

sympathies.

Later he ras allowed to rasign without prejudice, but

was not restored to his former position.:

A-chock of Portland,

Minneapolis, Dallas and Now Orleans files is/necessary to be certain

we can give

the Department complete infornation on feisberg's

questions,

which rolate to possible cropping or editing of filn rolls

ly the FEI.

The filme in wich feisborg te interested were taken at

various times by private citizens and also sone professional IV fila

from New Orleans.

054009 Doga: 32980522: Page 27

---

## Page 28

PEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHRET (JER MATERIALS)

16.

Pagers, withheld entireii aù anis iccation in ine iie.

one or

more of the following

statements, where indicated.

expiain this deletion (these deletions;.

()

Deletions. were made pursuant to the postponement

rationale

indicated below with no segregable material

avalable for disclosure.

All references relate to

Section 6 of the "President john f. Kennedy assassinarior.

Records Collection Act of 1992."

[] subsection lA (inteliigence agent's identity)

(]

subsection 1B (intertigence source or method)

(]

Subsection 1C (other matter relating to military

defense, intelligence operations .:

the conduct of foreign relations!

[]

[)

Subsection 2

(living person who provided

confidential information)

Subsection 3 (unwarranted invasion of privacy)

[]

Subsection 4 (cooperating individual or foreign

government, currently requiring

protection)

[)

subsection 5 (security or protective procedure,

currently or expected to be utilized!

[)

Information pertained to a matter unrelated to the JFK

Assassination Investigation.

(]

For your information:

FUJA

The following number is to be used for reference

regarding this page (these pages):

62-109060-8307X Balky

XXXXXXOXXX

XXXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXX

L NW- 54999

DocId: 32989522

- Page 28

---

## Page 29

fil 02410

62-109060, trozse

v.

Uste

Farok: 7, 1375

1- MI.

W.335

Ene -

Atten: Mr. KiIty

MIREE

an sona nichola.

School of Madicine **

Collago of Healte

Ssieucas

aad Huspital -

whe Eniversity st

Ba7525.

Medical Cantas

Jaiabey. Bonlevard 2l

.д:.

at 35tg

Fonsos City, fansas -60103

Blebo1s:

I 2e la noneipe of your traared lecter and Bastesa

Enlos sessaga dated Pobruazy IDch zaganizag you zogueat 50e

infomation elating ta ivaatigacion conductos. vita sataronce

FO 230 250AS4207T.52 1Ê

the luca Prosident John E.. Kaanady.

niel secara to you semest desentosd ja itas one sa

Jour latter and She roqueso contaiñod 1e the Meatera Delon

30sage,. I vien to aurico you no are prasently in the pradoss

of nttonpeing to Idoptaty and invinta laboratery data that

vorld cons michis the scops of your 18quas.

I 4113 73 15

commiention with you furcher in coneotios aita bais pos

Concoring your inguirios sot fouth in your latter

39 Licas 25, tha folloine indoation is beisy farnished:

139: -(Sozial Sosbar C3755)

15 si one piece,

The relatiza angla sã rotacion sáth rampoce to tha

vanions ejeotos, extractor and lallosar parks, i1 pecuent, es

-hibita 92533,

09544, C7545 ane

Cal4l mas hot racorded by

mo IDI and 15, therafoto, not avallabia Eroa tre 23r.

2h03a

20RS 2I0 20% Iccato La tas

Tational Achirse, Vashington,

=-'The Daputy Actorney faneral • Enclosuras (2)

1. - Jufile 62-115530 (50-224130)

C23312W (9)

NW 54999 DocId: 32989522

Page

29

---

## Page 30

DI, John dichois

4. The beights of tho seats on which tha Pzasident

and Governos Connally vete sitiing suring the assassinazion

and on which tae tatend-ias" wera

seated. during the sa-site.

Ienaciment; ware not recorded by tho Fat and, therefore. ara-

not availle fren ths ZI: The Fresident's Comission 70n-

tucted this Conactmaneassiated ja-pazt by County Surveyeraien

Robag L fest, 160 Cointy coarthouse, pallas, Desas. i Interar

eton fas furnianed the mit by the prosidentle Cossisslonoen!-:

concering the relative hoights of che "stand-ins* anã.

especsay the talative heights oi the ballet impact points.

this natter vill so found in volume V boginning on page 135

mã, in particalar, on pago 165 of the Hearings Bafoze the

President's comission en the Assassination of Iresident

HEnROdy =

sho borisontal firing angle (either with referance

to the texas Schoel Soo: Depository Building or tha Irazidontial.

Isousinal mas 20t rscorãad by the FaI and,

tharefore, is not

available from the rsI. It should ba noted that the tracing

horizontal firing angle nay be masured.

This tracing 15

C5332 and is avallable for review anâ/or copylag at thò fational

Archives, Washingion, B, E.

Nich regard to your rognast for inforation regarding

sppasl pascaduzas ander the ananded Esseden of Infornation sot,

I an enclosing the portion of a raprint of the redaral Registar,

Volama 40, No. 30, datad February 12, 1975, wich sets forth tho

regulations indes seations 18,5 and 16.7,

I trust the above vill be of assistance to you,

Sineerely yours,

Clarence M, Kelley

Ditacter

Enclosures (2)

SEB NOTE PAGE TIRBE

NV 54999 DocId:32989522 Page 30

---

## Page 31

DE. John Nichols

NOTE: (Correspondent has submitted previous requests under the

FOTA prior to its amendment regarding the John F. Kennedy assas,

sination. This reply has been coordinated with the Laboratory..in

to provide propet response to Nichols irequest and the location-"y

of any documentation necessary.

Attached to this camoradum is a copy of a lecter echoing

a Freedom of Informaten Act (POLl request from John Nichols, M.D.,:

paired on 2/20/75. Alao aitrused is a copy da felete con aining an

We me: and macideratis

respondenae with Dr. Nistore la fue ocas.

the done Going ca: 1/15/084 at

luch time he was advised we norid process his invacst under the

arsended FOIA aiter its effective date if he so desired.

We have pending a simi. reguad icon harold weisserg

rogard to neutron activation anc speciruzaar analysis jai,

reisbeng's request, walen is now in the forus of as appani from earlier

snarespondence, is aüll in the hards on the justice Depuriment. Correspond-

once is being prepared by the Department to him which will in effect reter

him back to us since the Departmeric's position is ras appeal was premature.

By memorandum from Mr. M.. E. Willlams to Mr. White

dated 7/24/75, the Laboratory Division identified the date pertinent to the

Weisberg request for the spectographic and neutron activation testing

and advised concerning problems of reproduction and cast factors.

The Laboratory Dirision is requested to review the Nichols

rennest and comment concerning each of the sis items as to whether the

amper is trailable, add too, provale propse casponse dira location of any

issemenacion neceszar?.

- 3 -

N 54999

DocId: 32989522 Page 31

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## Page 32

OX$$0-AL-F024 NO. 10

5010-106

GIA GEN. REG. NO, ?I

UNITED STATES GOV'EUNMENT

Memorandum

Mr. J. B. Adams

то .

FROM : Legal Counsel

SLEJECT:

DATE:

2/26/75

FREEDOM OF INFORMATION REQUEST

OF JOHN NICHOLS, M.D., REGARDING

JOHN F. KENNEDY ASSASSINATION DOCUMENTS

Assoc- Dire -

Dep. AD Adm. -

Dep. AD lav. _

Assi. Dir.:

Admin.

Comp. Syst._

Ext. Affäirs

Files & Com. -

Gen. Inv._

ident. -

Inspection

Intell.

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training -

Logal Coun

Telephone Rm. -

Diroctor Sac'y _

Attached to this memorandum is a copy of a letter containing

a Freedom of Information Act (FOIA) request from John Nichols, M.D.,

received on 2/20/75. Also attached is a copy of a teletype containing an

additional item to be included in his request. We have had considerable

correspondence with Dr. Nichols in the past, the last being on 1/13/75, at

which time he was advised we would process his request under the

amended FOLA after its effective date if he so desired.

We have pending a similar request from Harold Weisberg

with regard to neutron activation and spectrographic analysis data.

Weisberg's request, which is now in the form of an appeal from earlier

correspondence, is still in the hands of the Justice Department. Correspond-

ence is being prepared by the Department to him which will in effect refer.

him back to us since the Department's position is his appeal was premature.

By memorandum from Mr. M. E. Williams to Mr. White

dated 1/24/75, the Laboratory Division identified the data pertinent to the

Weisberg request for the spectographic and neutron activation testing

and advised concerning problems of reproduction and cast factors.

The Laboratory Division is requested to review the Nichols

request and comment concerning each of the six items as to whether the

answer is available, and if so, provide proper response and location of any

documentation necessary.

Enc.

1 - Mr. White

1 - Mr. Mintz

1 - Mr. McCreight

] - Vir. Bresson

THB:mfd

• (5)

CONTINUED - OVER

NW 54999

DocId: 32989522

Page 32

---

## Page 33

Memorandum to Mr. Adams

Re: Freedom of Information Request

of John Nichols, etc.

RECOMMENDATION:

That the Laboratory Division furnish Legal Counsel Division,

FOIA Unit, the above requested information in order that a reply can be

furnished to Dr. Nichols.

chen

2

.. =

NN 54999 DooId: 32989522

Page 33

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## Page 34

THE

IVERSITY OF KANSAS MEDI

AL CENTER

COLLEGE OF HEALTH SCIENCES AND HOSPITAL

RAINBOW BOULEVARD AT 39TH • KANSAS CITY, KANSAS 66103

SCHOOL OF MEDICINE

SCHOOL DF NURSING

SCHOOL OF ALLIED HEALTH

UNIVERSITY HOSPITAL

SCHOOL OF MEDICINE

DEPARTMENT OF PATHOLOGY AND ONCOLOGY

(913) 831-7070

Clarence M. Kelley, Esq., Director

Federal Bureau of Investigation

Washington, D. C. 20535

Dear Mr. Kelley:

You will recall our previous correspondence relative to artifacts of

the assassination of the late President John F. Kennedy. Pursuant to

F'reedom of Information Act (5 USC § 552) amendments effective

February 19, 1975, I make the following requests, viz., that you: —

1. Divulge to me the raw data and derived results of any and all

spectrographic and /or neutron activation studies on artifacts of

the assassination including those, but not limited to, CE 399,

CE 842, CE 567, CE 569, C E 840, CE 843, and C E 573.

2. Advise me whether or not the firing pin in Mr. Oswald's

• rifle CE 139 (serial C 2766) was of the two - piece or solid type.

3. Advise me the angle of rotation with respect to one another.

Notrended

of the diverse ejector marks and follower spring marks on each

i Not cattedle

of exhibits CE 543, CE 544, CE 545, and CE 141.

4. Advise me the height of the seats on which the President and

Governor Connally were sitting during the assassination and the

height of the seats on which the stand - ins were sitting during

the FBI re-enactment.

5. Advise me Mr. Oswald's lateral (horizontal) firing angle for of do i t

vertical (depressed) angles are published.]

answers, or acquiring the data for the answers. Anticipating a denial CFe5z, tez

"I should appreciate you advising me by return post the correct procedure hel

for appealing the denial within the agency. With kindest personal

regards,

sincerely,

thirtee

ohn Nichols, M.D.

Effective date to be

date of receipt)

NW 54999 DooId:32969522 Page 34

---

## Page 35

THE UNIVERSITY OF KANSAS MEDICAL CENTER

COLLEGE OF HEALTH SCIENCES AND HOSPITAL

RAINBOW BOULIVARD AT B9TH • KANSAS CITY, KANSAS 66103

SCHOOL OF MEDICiNE

DEPARTMENT OF PATHOLOGY AND ONCOLOGY

No

Clarence M. Kelley, Esg., Director

Federal Bureau of Investigation

Washington, D. C.

20535

792591

NW 54999

'DocId: 32989522

Page/ 35

---

## Page 36

THE UNIVIRSITY OF KANSAS MEDIA CENTER

hillar!"

SCHOOL OF MEDICINE

DEPARTMENT OF PATHOLOGY AND ONCOLOGY

No

Clarencè M. Kelley, Esg., Director

Federal Bureau of Investigation

Washington, D. C. 20535

MADI

792571

R TIF

NW 54999

'Docid: 32989522

Page/ 36'

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## Page 37

FBI WASH DO

Dir.

Dep.-i.D.-Adm._

99 2300N

Dop-A.D.-Iuv.

Asst. Wir.:

WU INFOMASTER

2-044253E050 02/19/75

as 15 375

Alain.

I:.

-and-at's

FI-

i can.

IES IPMBNGE CSP

€ :

3125659182 TDBN CHICAGO IL, 52

02-19 0829P EST

Inta.

TX 7108229444. FBI WAST DE

LEUNIONTY

Plan. s¿ Eval.

Spec

CLARENCE KELLE, DIRECTOR, CARE FEDERAL, BUREAU OF INVESTIGATION M

PENNSYLVAVIA AVE AT 9TH NORTHWEST

Telephone Rm.-

Direcior Sec'y

WASHINGTON DO

"Corresp

SUPPLEMENTARY TO CERTIFIED LETTER NUMBER 792591 SENT YESTERDAY

RELATIVE TO ARTIFÄCIS OF ASSASSINATION PRESIDENI KENNEDY. ADD STH

REQUEST TO BEN "ADVISE AMOUNT OF METAL, REMOVED FROM EACH EXHIBIT. FOR

CHEMICAL AND'OR NEUTRON ACTIVATION ANALYSIS AND AMOUNT, OF EACH

REMAINING AND PERMIT ME TO SUBMIT ANY REMAINING TO NEUTRON

ACTIVATTON ANALYSIS*

JOHN NICHOLS

2031 EST;

FBI

WASHE DO

NN 54999 DooId: 32989522 Page 37

---

## Page 38

1÷

Chit trat menabar rennterdates

YOUTa

Teetromots aireas 1149085944

97 716.

! RECEIVED

TELETYPE UNIT

C001976

schauersa

*23

2220÷ü

....

NW 54999 DocId: 32989522 Page 38*

---

## Page 39

fill 1410

March 5, 1974

62-109110

* soc. Dir..

Des. AD Adm. -

Pep. AD Inv. —

ost. Dir.:

Admin.

comp. Syst.-

I x- Affares -

5, 95 % Com. _

an. Ins.

mad.

John Nichols; M.D:

Associate Protessor:

Department of Pathology and Oncology

School of Medicine

The University of Kansas: Medical Center

Rainbow Boulevard at 39th Street •

Kansas City, Kansas

:66103

Dear DI. Nicholssk a

This will acknowledge receipt of your letter on

February 20thr

with enclosures, in which you requested cer-

tain data surrounding examinations made by the FBI Laboratory

during the investigation of the assassination of former

President John F. Kennedy-

'The "O and k" items referred to in your letter were

all listed and described in FBI Laboratory Reports which were

made available to the President's Commission and are available

to you for review.

In addition, a listing of the "C" items

you referred to,

also by descriptions, can be found in Con-

mission. Document 345. in the Jational Archives.

Under the same. descriptions, the President's Con-

nission assigned exhibit numbers to the items listed above

as set forth in the testimony of Special Agent Robert A.

Frazier, FBI Laboratory, in Volume III.

(beginning at page

300), and Volume V, (beginning at page 53), of the "Bearings

Before the President's Commission. on the Assassination of

President Kennedy-"

When examined in the FBI Laboratory, Commission

Exhibit 840 consisted of three natal fragments and this

Exhibit was subseguently transferred to the National Archives.

ilo further information is available concerning the present

condition of this Exhibit.

115196-

piano taras

1 - Office of the Deputy Attorney General

1 - Kansas City - Enclosure

I - ME. Briggs White - Enclosure

Attention:

Mr. Frazier

1 - Bufile 62-115530 (FOI-REPLIES)

SCE: Law, (8)

~ Enclosure

NW 54999 DocId: 32989522 Page

TELETYPE UNIT L

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## Page 40

John nichols, M.D.

"Commission' Exhibit 342, when submitted to the FBI

Laboratory: for examination, consisted.of one metal fragment

which weighed 0.5 grain.

Cormission Exhibits 340 and 842 were subjected to

analytical: studies in which small portions were necessarily

corisumed:

The remaining weights of these Exhibits are not

available.

Sincerely. yours,.

Clarence. M. "Kelley

Director

NOTE :

Dr: Nichols has previously corresponded with the

Bureau

concerning medical studies he has made which apparently have

convinced. him. that the late President Kennedy was shot at least

once from the front instead of only from the rear as found

by the Warren Commission.

He has brought an unsuccessful

suit against the Government under the Public Information Law

for the notes and work papers of the FBI-Laboratory examiners

concerning their spectrographic analysis of the bullets

uncovered in the examinations. The "C" items,."K" items and

"I"' items are correlated with Commission Exhibit numbers as

follows:."

C*

.Q. or K#

CE#-:

•..,

CI

C2.

02

C3

C4

04

C5

Сб

C7

27

399

Bullet from stretcher

567. Bullet fragment from front. seat.

•cushion

569: Bullet fragment from beside front

- seat

843.

Metal fragment from the President's

head

843 - Metal fragment from the President's

-head

543 : 6.5 millimeter Mannlicher-Carcano

cartridge case from building

544 • 6.5 millimeter Mannlicher-Carcano

cartridge case from building

=2

NW 54999 DocId: 32989522

Page 40

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## Page 41

...*

John nichols, M.D.

NOTE CONTINUED:

141

6.5 millimeter Mannlicher-Carcano

cartriage

C9

09

842

Metal fragment fron arm of Governor

John Connally

C14

KI

139

6.5 millimeter Mannlicher-Carcano

rifle with telescope sight, Serial

NO.

C16

014

C2766

840

Three metal fragments recovered from

C1.7

841

rear floorboard carpet

Scraping from inside surface of

winashield

C33

048

545

6.5 millimeter Mannlicher-Carcano

cartridge case from building

The material received and listed

• above was assigned

"Q" and "K" numbers and was later assigned "C" numbers.

list of "C"

numbers, bearing the same description as when

listed with

Commission.

"I" or "K" numbers was furnished the President's

The list of "C"

items is among the Commission

papers in the Mational Archives, as Commission Document 342.

Under the same descriptions, the President's Commission assigned

exhibit numbers to the items listed above as set forth in the.

testimony of Special Agent Robert A. Frazier, FBI Laboratory,

in Volume III, (page 390), and Volume V, (page 58), of the

"Hearings Before the

President's Commission on the

Assassination

of President Kennedy."

Certain early FBI Laboratory reports

referred to these items by "l" and "k" numbers.

were submitted to the President's Commission either by the

Dallas, Texas, Police Department, or by the Dallas Office of

submitted polite

These reports

the FBI. These papers are available for review at the National

the national.

Archives.. Some of the items

subjected to Laboratory examinations which necessarily con-

sumed portions of the items and/or altered their appearance.

The

residual portions of the itens were turned over to the

lational Archives where they are available for inspection.

No attempt was nave io record the weights of the minute

quantities consumed in the examinations, (spectrographic and

neutron activation analyses, or to weigh the material

remaining.

All or the items

original condition. They were delivered to the National

Archives where they are presently maintained. This reply

coordinated with the Laboratory Division.

- 3 -

WW 54229 Doold: 32989522 Page

41

---

## Page 42

. "

T

UNIVERSITY OF KANSAS MEDICAL CENTER

RAINBOW BOULEVARD AT

39TH

STREET

KANSAS CITY, KANSAS 66103

SCHOOL OF MEDICINE

DEPARTMENT OF PATHOLOGY AND ONCOLOGY

February 17, 1974

64109060

Dep.-A.D.-Aămd

Dep.-A....-Iirv..

Asst. Dix.:

Admin.

Comp

Files' & Com.

Gen. Inv...

Ident.

Inspection

Intal.

Plan.

Spec. Invo

Training -

Legal Coun.

Telephune Rn

Director Sac'y

Clarence M. Kelley, Esq., Director

Federal Bureau of Investigation

Washington, D. C. 20535

Frazier

713

Re: Artifacts of the Assassination

of President John F. Kennedy

Dear Mr. Kelley:

Mr. Hoover in his letter (CE 2968) of June 2, 1964, to Mr.

Rankin writes of: cartridge cases C6, C7, and C38, as well

as cartridge C8, and rifle C 14.

Mr. Hoover, in his letter, Thermofax® copy enclosed, of July 8,

1964, to Mr. Rankin writes of: C1, C2, C4, C5, C9, and C 16.

Mr. Hoover, in his report, five (5) page thermofax® copy enclosed,

to Mr. Jesse Curry, under date of November 23, 1963, writes of:

Q1, Q2,Q3,04,Q5,Q6,Q7,Q8,Q9,Q14, Q15, andrifteKI.

I should greatly appreciate if you could correlate these "C" and

"Q" numbers for me with the final Commission Exhibit (CE)

numbers and advise where, in the Warren Commission Reoprt

and/or Testimony and Exhibits of the hearings the correlations

may be found.

Commission Exhibit 840 in the photograph on page 840 of volume

17, prepared by the FBI, shows three (3) pieces of metal. How -

ever, a recent photograph of this same exhibit prepared for me by

tro archie see her to pieces of meter

the Archivist shows only two pleces of metal. As you can see

under date of January 4, 1974, he "assumes" that the missing

piece was not delivered to him from the FBI. I should greatly

appreciate if you could advise me the disposition of this missing

third piece of metal from this exhibit 840.

BICLOSURE

NW 54999 -DOCI33589522 Page 42

SEVEN

---

## Page 43

...

Nichols to

K

ley, p2, Feb., 17, 1974.

VERSITY OF KANSAS

MEDICAL CENTER

The official photograph of C'E 842, as found on page 841 of

volume 17, intends to show metal removed from Governor

John Connally's wrist. I can detect, presumably, one piece

of metal; it is impossible to express further opinion from

photograph.

Mr. Hoover's report to Mr. Curry mentions Q9 as "metal

fragment" [singularl from the Governor's arm. The

operative report (CE 392) of the surgeon, Doctor Gregory,

mentions "Small bits of metal...these were"

This is plural. In his testimony on page 122 of volume 4,

Doctor Gregory speaks of "two fragments".

Mr. Frazier, on page 72 of volume 5, testified, in response

to a question from Mr. Specter about the "fragment" thus:

"that is the one from Governor... I do not know where

Captain Fritz obtained it [singular].

A photograph, taken by the Archivist, and appearing in Mr.

Josiah Thompson's book Six Seconds in Dallas (Bernard

Geis, New York, 1967) on page 147 clearly shows two pieces

of metal as CE 842.

A special photograph taken for the undersigned by the Archivist

clearly shows three (3) pieces of metal being C E 842.

I should appreciate if you could advise me how many pieces of

metal were removed from the Governor's arm and comprise

CE 842, and its various earlier code numbers.

Finally, it is alleged that samples of metal was removed from

some of these specimens for destructive spectrographic analysis

and I should greatly appreciate if you could advise me how much

was removed from each specimen and how much un - analyzed

specimen of each remains. Shall look forward to hearing from

yOu.

Sincerely,

slin

Miche

John Nichols,

"M. D.

Associate Professor

of Pathology

NN 54999

DocId: 32989522

Page 43

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## Page 44

PEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHEET (JPK MATERIALS)

_rageis, miinheid entire-i at inis ooazion in tre tiie.

One or

more or the toliotira

statements, where indicated.

expiain this deletion ithese

deietions:.

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable materia!

avallable

for disclosure.

All references relate

to

section 6 of the "president John f. Kennedy Assassinatior.

Records Collection Act of 1992."

[)

subsection lA linteliigence agent's identity)

[] subsection iB linteiiigence source or method)

()

subsection 1C (other matter relating to military

defense,

intelligence operations ::

the conduct of foreign relations:

(] subsectione (living person who provided

confidential information)

(]

subsection 3

(unwarranted invasion of privacy)

()

subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[]

subsection 5

security or protective procedure,

currently or expected to be utilizea.

()

Information pertained to a matter unrelated to the JF!

Assassination Investigation.

(]

For ygur information:

FUJA

The following number is to be used for reference

regarding this page ithese pagesti

62-101060-8302X

Balky

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXXX

XXXXXXOXXOXX

XXXXXXXXXXOXX

-

NW 54999

DocId: 32989522 Page 44

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## Page 45

Kốt

April 2, 1974

mite

Atten:

i. Frazier ..

1 - Mr. Mintz

John Hichols, M. D.

Associate Professor

Department of Pathology and Oncology

School of Medicine

The University of Kansas Medical Center

Rainbow Boulevard at 39th Street

Kansas City, Fansas

66103

Dear Dr. Nichols:

Reference is made to our letter to you date March 6,

1974.

Pursuant to your request, ve are enclosing 8 by 10

glossy prints of Warren Commission Ishihits 141, 543, 544, 545,

and 504. The photographs of Commission Exhibits

543 г

and 545 are comparison microscopic shots and were talen under

sane lighting and magnification and were enlarged identi-

cally.

were no photographs of the whole primers of

any of the Commission Exhibits you requested.

For your infor-

mation, Commission Exhibits 557 (a) and 557

(b) are shown in

Cormission Exhibits 543, 544 and 545.

We arc returning your checl: in view of the fact only

six of the photographs you have requested are available. Please

orward a remittance in the amount of $3, payable by chech o

loney order to the treasury of the United States

Sincerely yours,

Clarence M. Kelley

Director

Inclosures (7)

. ~ The Deputy Attorney Genera

. - Bufile 62-115530 (FOI-RIPLINS

RD: law (7)

STE. NOTE PAGE TrO

NW 54999 DocId: 32989522 Page 45

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## Page 46

John "ichols, If. D.

TOTE: Substantial correspondence har previously been had

concerning the assassination of president liennedy. By letter

2-24-74, Tichols requested & by 10 glossy prints of certain

Commission Ixhibits and whole primers of certain othar enurerated

Comrission Frhibits.

(Dy letter 7-3-73, nichols rcquested

similar documents and was furnished roquested copies at a

charge of 50% per print.) Dy Bulet 3-4-74, he var advised

we tere in the process of preparing the documonts ho had

Icquested, but was informed ve lould be unablo to honor any

further roquests. The 3-f-74 letter was coordinated with

John I. Gallingor, Departrental attorney, Office of Legal

Counsel.

...

NW 54999

DocId: 32989522

Page

46

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## Page 47

Downe

hell 1s

John nichols, MD.

Associate Professor

Department of Pathology and Oncology

School of Modicine

the University of Kansas Medical Center

Rainkow Boulevard at 39th Street

Ransas City, Kansas 66103•

Dear Dr. #ichols;

Hell

March &, 1974

tram

kill 24104

62 N90C0

of 94.

requested and will forvard them to you upon completion.

No are of the opinion that we will continue to

receive requests such as yours in the fucure.: However,

the FEI Laboratory does not have the manpover nor was it

dosignod to furnish documents of this natuze to the public

on a volune basis.

consequontly, we regret to inform you

that we will be unable. to honor any future requests you

should make fox sinilar docurents.

We trust you will under-

stand our position in this matter.

Sincerely yours,

Clarance 11. Relley

Director

Office of the Deputy Attorney General - Enclosure

ttention:

- Bufile 62-115530 (FOI-REPLIES)

NOTE:

Substantial

has previpusly beeglad with

Nichols concerning the assassination of president Kennedy. By

letter 7-3-73, Nichols

furnished

This

reply was coordinated with John L. Gallinget pepartmental

attorney, Office of Legal Counsel. tyndal shaneyfeltlof the

Laboratory is having the documents prepared. Check

in the amount of

$4 is being retained in the FOIA Unit until completion of request.

RD: law (7)

Polit Frazies:

54999 • DocId: 32989522 Page 47.

---

## Page 48

UNIVERSITY OF KANSAS MUSICAL CENTER

RAINBOW BOULEVARD AT 39TH

STREET

KANSAS CITY, KANSAS 66103

SCHOOL OF MEDICINE

DEPARTMENT OF PATHOLOGY AND ONCOLOGY

February 24, 1974

Clarence M. Kelley, Esq.,

Director, Federal Bureau of

Investigation, Washington, D.C.

Ast. Fi".:

Admin.

Comp

Ext.

Files

Com

Gon. Inv.

Ident.

Inspection

1913) 831-2040 1 Ty

Plan. & Eval. -

Spec. Inv.

Leril.Coun.

Te: pione Rm. -

Dir: Sec'y -

halifest

Re: Records of the

Warren Commission

Dear Mr. Kelley:

I should like to obtain 8x 10 glossy prints of Commission

Exhibits 562 and 564. Prints previously prepared for me by

the Archivist are of poor quality inasmuch as they are second

generation prints in which the engraver's grid marks are

clearly visible. I am advised that the FBI has the original

negatives.

Also I should like to obtain 8x10 glossy prints of the whole

primers showing firing pin marks of certain cartridges being

Commission Exhibits 141, 543, 544, 545, 557(a) and 557 (b).

I want the ones which were all taken under identical lighting

conditions, at the sam e magnification, and printed at the same

magnification. Some of these were used in Commission

Exhibits 559 -565 and 613 - 624.

Enclosed is personal check number 6757 payable in the amount

of $4.00 calculated at 50¢ per print as previous photographs

of July 18, 1973.

Shall look forward to hearing from you.

Enclosure: Check

i

Sincerely,

Kapu Men

John Nichols, M. I

JOAN SPONDENSE

Associate Professor of Pathology

NW 54999 Docid:32989522 Page 48

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## Page 49

=

PEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHRET (JPK MATERIALS)

Pagers, withheld entirety at this location in the tie.

more of the foliowing statements, where indicated,

explain

this deletion (these deletions).

- -

[]

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable material

available

for disclosure.

All references relate to

section 6

of the "president John f. Kennedy Assassinarior.

Records Collection Act of 1992."

() subsection lA (intelligence agent's identity)

[1 Subsection 1B (inteijigence source or method)

(]

subsection 1C (other matter relating to military

defense, intelligence operations

the conduct of foreign relations!

Subsection 2

(living person who provided

confidential information)

(]

Subsection 3

(unwarranted invasion of privacy)

[)

subsection 4

(cooperating

individual or foreign

government, currently requiring

protection)

subsection 5

(security or protective procedure,

currently o expected to be utilized)

Information pertained to a matter unrelated to the JEk

Assassination investigation.

I For your information:.

FOZPA

The following number is to be used for reference

regarding

this page (these pages) :

32-152060-83828 Bulk-

XXXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXOXX

XXXXXXXXXXXOXX

XXXXXXXXXXXXX

he sai can 3292282 5a0.49

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## Page 50

141

FEE.

Maller

Legal Counsel

Fle

outale comes folder

5-15-7%

hill 2410

icelesmi

16

ZAROLD FRISBERG T. J- S. DEPARIMENT OF JUSTICE

/ FREEDOR OF INFORMATION ACT (FOIA)

The U.S. Sapiame Conzi on 5-13-71 denied certionari

In captioned suit and lat siand a Districi of columoa circuli

Court decision which sanctioned witholding information ton-

tained a FBI Investigatory files pursuant to the Foll.

In 3970, Harold Feisterg Isguested, Through the

Bepaziment of Justice, PBI records concerning. the results of

speutrographis analyses oi bullets, bullet fragments, gaments

and other objecis conneciad with the assassination of Prasident

kennedy His request was denied on the groanê that the records

vers part oi an investigatory file compiled for law enforcement

parposes and exempi fron disclose pnisuant to exemption (b) (7)

of the FOIA.

He sabsequently filed suit in the 1. S. Districi

Coirs, Hashington, D. C', lost,

and appealed to the united

States Circuii Coust

A three juâge panel of that couti

suled against the Gorarment, holding that informacion must

be disclosed from FBI investigatory Illes unless an ongoing

Investigative untier vould be prejudiced thereby.

The GoTeIn-

ment petitioned the Circuit court for a hearing en banc, which

was grantad®

The fall court aftizmed the District court

opinion intarpiating exemption 7 as mandating that as long

as materials were contained in investigatory lilas, they were

exeript froa publiz disclosure.

Bith this denial of certiorazi by the Supreme Court,

the FBI could operate within the statutory parameters of the

POTA even with the imminent passage of S. 2543 which will amend

1 - ME Callahan

+ HI. Jenkins

I

- ME. Miller

- Mr. Adams

MT. Campbell

i MI. Cleveland

- IiI- Franck

1=l Jacobson

ME. Janieson

HE-

Marshall

ME-

Thompson

Walsh

FIC.

Manna?

MI. Whize v

1 - N=. Gabharat

RD:Ia# (18)

]

CONTINUED

OVER

NW 54999 Docid: 32989522 Page 50

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## Page 51

Legal Counsel to ME. Hillar meno

Re;

Earold Weisberg T. J. S. Departuent of Justice

that Act. It must be pointed out, however; the FBI remains

under AitoIney General Order. 528-73 which direcis release of

our files older than 15 years to historical researchers.

RECOMMENDATION:

NW 54999

DocId: 32989522

Page 51

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## Page 52

FEDERAL BUREAU OF INVESTIGATION

POSTPONEHENT INPORMATION SHRET (JFK MATERIALS)

Pagers) withheld entireii at tris iocazion in ine tiie.

One or more of the following statements, where indicated.

explain this deletion (these deletions;.

(]

Deletions. were made pursuant to the postponement

rationale

indicated below with no segregable material

All references relate to

Section 6 of the "President John F. Kennedy Assassinatior

Records Collection Act of 1992."

Il Subsection lA (intelligence agent's identity)

Subsection 1B (inteiligence source or method)

()

Subsection 1C (other matter relating to military

defense, intelligence operations

the conduct of foreign relations!

[)

subsection? (living person who provided

confidential information)

[] Subsection 3 (unwarranted invasion of privacy)

Subsection 4 (cooperating individual or foreign

government, currently requiring

protection)

(1 subsection 5 (security or protective procedure,

currently or expected to be utilized!

[] Information pertained to a matter unrelated to the JFK

Assassination investigation.

[]

For your information:

FOSPA

[). The following number is to be used for reference

regarding this page ithese

pages):

62-109068-8367X Bulky

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXX

X: XX0000001

XXXXXXXXXXXXX

xxxxxXXXXx

NW 54999 DocId: 32989522 Page 52

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## Page 53

RIL H. WECHT. M.D.. J.D.. F.C.A.P.

- CORONER

JOSHUA A. FERPER, M.D., LL.B., M.SC.

CHIEF FORENSIC PATHOLOGIST

CHARLES L. WINEK. PH.D..

CHIEF TOXICOLOGIST

BERNARD J. MCGOWAN, Eso.

SOLICITOR

330

sille

542 FOURTH AVENUE • PITTSBURGH, PA. 15219

(412) 355-4460 355-4466

OFFICE OF THE CORONER

May 17, 1974

Fill 10-

tele Corres.

10406

Is5n Dir.

Drp.-A.D.-Adm. -

Isst. Fir.:

Admin.

Enmp. Syst

Ext. Affairs

Files & Com.

Gon. Inv.

Ident.

"Inspecti »n

ILt ll.

"Lab.rat y

Plan. & rival.

• Spec. Inv.

•Tri..:.

Teiephone Rm

Dir. - Foc'y

1974

The Honorable William B. Saxbe

Attorney General of the United States

Department of Justice

Washington, D. C. 20530

Dear Mr. Saxbe:

This is an appeal of a decision by FBI Director Clarence Kelley, I am

seeking access to certain scientific laboratory data compiled by the FSI Labor-

atory in 1964 in connection with the investigation of the assassination of

President Kennedy. The data were not made available to the Warren Commission

and have been withheld from the public for the past ten years.

23 G

Director Kelley has indicated a desire to be of assistance in making the

data available, but he apparently feels there is some statutory or departmental

I

prohibition on the release of such data, and even on the answering of questions

pertaining to it. He has suggested that I appeal directly to you.

To explain my request and to set forth the basis for my appeal, I invite

your consideration of the enclosures to this letter.

THAY

Enclosure (1), dated July 8, 1964, is a copy of a letter from the late

FBI Director Esover, which establishes that the FbI Laboratory performed iwo

soparate analyses of certain bullet fragments recovered in the investigation

of the assassination. The second and third paragraphs of this letter from

Director Hoover disclose that the more sensitive of the two analyses, the

neutron activation analysis, revealed "minor variations in composition" among

some of the fragments.

However, no specifics or actual data from the analysis

are disclosed, and the letter sidesteps any definitive conclusions about the

ERI

possible significance of the observed variations:

WW 54429

DocId: 3298952

Page 53

-9501

• za

77 MAY 22 1974

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## Page 54

The Honorable William B. Saxbe

Page 2

May 17, 1974

Enclosure (2) is my letter of March 8, 1974, to Director Kelley, wherein

I ask for the details of the neutron activation analysis results; either through

access to the actual laboratory data, or alternatively, through answers to

certain specific questions which I enumerated on page 3 of Enclosure (2). This

letter also explains how the reported "minor variations in composition" could

• be of crucial significance in assessing the validity of the Warren Commission's

hypothetical explanation of the shooting, and why a discretionary release of

the data might assist in resolving public doubts about the case.

Enclosure (3), dated March 20, 1974, is Director Kelley's reply. He

asserts that the FBI had furnished the results of the neutron activation analysis

to the Warren Commission in its letter of July 8, 1964, i. e., in Enclosure (1),

and that these results are "now available for review at the National Archives as

part of the Commission's documents"

'. Unfortunately, Director Kelley was in

. error. Inquiry at the National Archives revealed that there was nothing on file

there conceming the neutron activation analysis of the bullet fragments beyond

the FBI letter of July 8, 1964, itself, to which there were no attachments or

enclosures. Obviously, the FBI letter of July 8, 1964, does not provide answers

to the specific requests made in my letter to Director Kelley.

Enclosure (4), dated April 23, 1974, is my second letter to Director Kelley,

in which I pointed out the insufficiency of the information contained in the FBI

letter of July 8, 1964, to which he had referred me. I emphasized the possibility

of deriving additional conclusions from the laboratory data if they were made

available to me, and I reiterated the requests I had made in my letter of March 8.

Enclosure (5), dated May 6, 1974, is Director Kelley's second reply. He"

indicates that he would like to be of assistance, which suggests that he would

prefer to release the data, but that he must decline my request because of the

provisions of Title 5, United States Code, Section 552 (b) (7). He then refers me

to you.

It is my understanding of 5 U.S.C. 552 that the exemptive provisions in

Subsection (b) are discretionary with the agency involved. In fact, the Justice

Department's own regulations in support of this statute, specifically those

published in 28 CFR 16A, Subsection 16.1 (a), provide:

"з.

"To the extent permitted by other laws, the Department also will

make available records which it is authorized to withhold under

5 U.S.C. 552 whenever it determines that such disclosure is in

the public interest."

Ww 54999 DocId: 32989522

Page 54

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## Page 55

The Honorable William B. Saxbe

Lage 3

May 17, 1974

To my knowledge, there are no other laws prohibiting disclosure of this type

of information from FBI investigative files. Moreover, the files of the Warren

Commission already contain voluminous materials from FBI investigative files

'most of them available to the public. Accordingly, there is no binding prohi-

bition on disclosure of the information I am seeking.

It is also my understanding from various news reports that the FBI

recently adopted a more open policy on disclosures of information to the

public. In the past six months, extensive FBI files on the Hiss, Rosenberg,

and Ezra Pound cases have reportedly been released. If that is true, would

It not be consistent with this policy to release the small amount of FBI lab-

oratory data I am seeking, considering that it relates to so historic a case

as the assassination of President Kennedy? Or should we infer that the

Justice Department feels there is something about this case which must still

be concealed from the public?

As we all know, the President of the United States has recently dis-

closed extensive transcripts of his conversations with advisors. These

contain numerous unflattering characterizations of individuals and other

details potentially harmful to persons who are the subjects of current criminal

prosecution by your Department. Ihave heard no protests from the Department

of Justice about these public disclosures, from which I infer that you determined

that such disclosures were "in the public interest".

How, then, can it be

maintained that it would not be in the public interest to release purely factual

scientific data bearing on the validity of the Warren Commission's explanation

of the assassination of President Kennedy more than ten years ago? Is this not

an absurd inconsistency on the part of the Federal Government?

During the past week, the United States Supreme Court has declined to

review a lower court decision which had denied public access to the detailed

results of the spectrographic analysis described in the first paragraph of

Enclosure (1). Thus, the Court has said, in effect, that the public has no

right, as a matter of law, to know the full details of the FBI investigation of

the assassination of President Kennedy. I should like to point out, however,

that the Court's decision in no way affects or limits the discretionary power

of the Attomey General to release such data if he finds it in the public interest

to do so. Moreover, my request concerns the entirely separate neutron activa-

tion analysis data which, according to Enclosure (1), produced results which

differed quantitatively from those of the spectrographic analysis and were not

taken into account by the Warren Commission. The continued withholding of

this information by the Justice Department strikes me as a moral dereliction of .

duty to the public, even though it may not be in conflict with the law.

NW 54999 DocId: 32989522

Page 55

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## Page 56

"The Honorable Willian

Page 4

May 17, 1974

Saxbe

*

I repeat my requests for access to the data or alternative information

specified in my letter of March 8, 1974, to Director Kelley, and I appeal to

you to exercise your discretion in allowing the FBI to make it available.

Very truly yours,

Ferril I. Mecht

Cyril H.

wecht, M.D., J.D.

CHW/bhm

•Enclosures (5)

REGISTERED MAIL

RETURN RECEIPT REQUESTED

NW 54999

DocId: 32989522

Page 56

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## Page 57

PEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHEET (JER MATERIALS)

_Page(s) withheld entire'y at this jocation in one tie.

or more of the following statements, where indicated,

explain. this deletion (these deletions).

[ )

()

(1

[)

Deletions. were made pursuant to the postponement

rationale

indicated below with no segregable material

available for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassinatior.

Records Collection Act of :992."

[] Subsection lA (inteliigence agent's identity)

[1

Subsection 1B (inteijigence source of method)

[ ]

Subsection 1C (other matter relating to military

defense, intelligence operations cr

the conduct of foreign relations!

()

Subsection 2

(living person who provided

confidential information)

Subsection 3 (unwarranted invasion of privacy)

[]

Subsection 4

(cooperating

individual or foreign

government, currently requiring

protection)

( ]

subsection

(security or protective procedure,

currently or expected to be utilized)

Information pertained to a matter unrelated to the JFK

Assassination investigation.

For your information:-

FOIPA

The following number is to be used for reference

regarding this page (these pages) :

42-109060-8302X Bulky

XXXXXXXXXOX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXOSX

X000000000

XXXXXXXXXXOXX

LNW 5A999 DecId: 32989522 Page 57

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## Page 58

October 30, 1974

' ' - Mr. White - Enc.

Atten:

Mr. Frazier

1 - Mr. Mintz

+11919-9990

MI. G.

Norman Albree

Box 181

winchester, Massachusetts ® 1890

Dear Mr. Albree:

This is in response to your letter of October 18th.

I wish to advise you the subject matter of your inquiry was

covered by testimony and laboratory reports furnished by the

FBI to the Warren Commission. This material was subsequently

released by the Warren Commission to the National Archives,

and it is suggested you contact this source for the information

you requested.

Sincerely yours,

Clarence M. Kelley

Director

I - The Deputy Attorney General - Enclosure

- Bufile 62-115530 (FOI-REPLIES)

NOTE: Correspondent communicated with us frequently during

the 1960's regarding his suspicions concerning the Kennedy

assassination.

Last letter to him in 1966 directed him

to the Archives in connection with a similar type request.

THB :ms (8)

NW 54999 DocId: 32989522 Page 58

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## Page 59

-i .

....

G. NORMAN ALBREE

BOX 181

WINCHESTER, MASS. 01890

18 October 1974.

Honorable Clarence 1. Kelley,

9tz Strot anu Penns Ivania venue,

vasrington, D.C. 20535

Is there to be found in the Jarren

Co desion Roport - or slooriere - anything to in-

dieute that the illeged tiree shots fired on 22

Novembor 1963 were otler than 6.5 /a lannlicher-

Carcano (or, perlaps, botter knoim as

Mannlicher-

Schoensuor) 161 grain full : etal jacketed bullet?"

Olin votioson Clunical Corporation inforor ue in

1965 thai those roundo uigit noll lave been sose

our Govront for one of our Allies,

II, incecd, those were the three.

bullet fired, to total weight vas 433 grains of

mic: mijo loes tion lift, per cant has, so far

as i ai crors, been accountod for in any roy. It

pousible you fumisl come inforcation in this

comiction. A catccorical roply will ba greatly

epprociriod.

sincorely,

NW 54999 DocId: 32989522

Page 59

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## Page 60

-

-

----

FEDERAL BURBAU OF INVESTIGATION

POSTPONEHENT INFORMATION SHRET (JEK MATERIALS)

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "president John F. Kennedy Assassination

Records Collection Act of 1992."

[]

[]

[]

Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[]

Subsection 2

(living person who provided

confidential information)

[]

Subsection 3

(unwarranted invasion of privacy)

[]

Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[]

Subsection 5

(security or protective procedure,

currently or expected to be utilized)

* Information pertained to a matter unrelated to the JFK

Assassination investigation.

I For your information: FOlA

The following number is to be used for reference

regarding this page

• (these pages) :

He 107060-83078 Bute

xxxxxxxxxxx

XXXXXXXXXX

XXXxXXXXXX

XXXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXXXX

IN 8499 DorIa: 92949822_ Pase o

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## Page 61

liningtics

Merch 21. 1975

FREEDOM OF INFORMATION

REQUESTS FOR RECORDS

The following informal guidelines have been received from Freedom

oI Iniormation Unit, Oftice of Legal Counsel, for use when they request

cost data concerning FOI record requests from outsiders.

FOI will calculate reproduction costs unless unusually

difficult, such as photographic reproduction of

spectrographic plates.

2. "Reproduction" time is not chargeable, but must be

absorbed by FBI.

3.

Reviewing time, to determine if material may be

furnished under FOI Law, is not chargeable.

4. Searching time (separate clerical and agent) is chargeable

at the rate of $4/hour for clerks and $8/hour for agent.

Exact records must be kept to support affidavit by agent in

case of legal contest.

NW 54999 DocId: 32989522

Page 61

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## Page 62

Mr. White

M. E. Williams

1-Office, 7133

I-MI.

White

1-Mx. Kilty

March 19, 1975

L-Mr. Cunninghan

I-Mr. Mintz

(Attn: Mr. Bresson)

FREEDOM OF INFORMATION ACT (FOIA)

REQUEST OF HAROLD WEISBERG

The attached documents are proposed for release

to Weisberg in accordance with a discussion with weisberg

held on March 14, 1975.

The details concerning the meeting

with Weisberg are being set out in a separate memorandum by

the FOIA Unit.

The only requested item not included in the attached

documents is one referring to a spectrographic examination of

metal smears on a

section of curb.

The files are being searched

for this item and it will be furnished to weisberg if it 1s

located.

The documents proposed for release are the

following:

1.

Three pages of results of neutron activation

analysis examinations on Q1 (CE 399) , 22

(CE 567) ,

Q4, 25 (CE 843), 09 (CE 842) , Q14 (CE

840) •

2.

Worksheet and notes for PC-78243 BX JV GH on

spectrographic examinations on Q2, 04, Q5,

09, 014, 015 (CE 841) •

Worksheet and notes for PC-80185 BX HB on

spectrographic examinations on 0566, 9567, 9568,

Q569.

4.

Worksheet and notes for PC-78282 BX EB on

spectrographic examinations on 022 (CE 393) ,

Q24

(CE 395), 025 (CB 394) •

5.

worksheet and notes for PC-78378 BX HB on

spectrographic examinations on el, 92, 03

(CE 569) / 2188 (CE 573) •

Approximately 50 hours of Agent and clerical time

were spent in locating and reproducing items attached.

Enclosure

ACTION: None.

For Information only.

JWK=fdb (6)

NW 54999 Docid: 32989522 Page 62

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## Page 63

March 17, 1973

III.

Hintz

IT. BIRY I, BEONE-

30n 32 Squankza Bead•

LONElL, New Jersey

07731

Fraziery Nea

This is in reply to your lecter dated

¡Shraar: 20, 1975, addressed to tha Jational Archives tid

Records SeryieE.

& BODY DE VONE LOLLER BUS FOLECIES tO

My Office jy 1185 Jane I. Snith,

Director, Civil

REchiTes

• Division, National Archives and Records Service,

and vas

received Rarch 5, 1975.

In connection with your zarass for a copy si

mach 1iln plate relating to the spectrographic examinazion

Of trans enaerated in your lettes, our Laboratory Divisioz.

stinozing to locate and iduntily the requested sacacis.

-acluates of your costs involved in ine possible reproduction

tne requested spectrographic plates are not presentl

available.

An extension ol tine is necessary to completo

Plaase by assured thet

job request de being procassed as promptly as possibla,

Sincerely jours,

Clarence H. Jelley

Bireocor

1 - The Deputy Attomey General • Enclosure

1 - Sufila 62-115530 (FOI-REPLIES)

(3)

NW 54999

DocId: 32989522

Page

63

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## Page 64

II. ENOSY I• BIONA, JI.

HORE:

Reply has been coordinated with the Laboratory Division

and based on menorandum dated 1/24/75, fron Mr. M. E. Williams

to MI. White, FOIA request of Harold Weisberg.

There is

no derogatory information regarding the correspondent in

Bufiles Correspondent has written to us on five different

orcasions in connection with the Rennedy assassination.

In all prior correspondence correspondent was denied

esquests ander FOIA on basis of confidentiality.

NW 54999

DocId: 32989522

Page 64

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## Page 65

Box 82 Squankum Road

Howell, New Jersey 07731

February 20, 1975

Miss. Jane F. Smith, Director

Civil Archives Division

National Archives and Records Service

General Services Administration

Washington, D. C. 20408

Dear Miss. Smith:

Subject: RECORDS OF THE WARREN COMMISSION: CD 81-b:

Ine above mentioned document, an F.B.l., lab report, states

that spectrographic examination was made on various specimens

including

certain bullet fraaments as well as a whole bullet.

However, the actual test data is absent from the report.

Generally, in Emission Spectrochemical Analysis the results

are recorded photographically by means of Photographic Immage

Formation of the spectra.

I would like, is a copy or

each of those film plates relating to the testing of items

€ 1: 02, 03, 04, 05, 08, 09, 0 14 and 015.

Please

advise me of the number of prints

and the copying fee.

Very truly yours,

T274+1330458

Emory L Brown, Jr.

NW 54999 DocId: 32989522 Page 65

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## Page 66

"I. White

I-Oefier, 7133

I-"T. Hilty

"arch 13, 1975

EI. Cunninchan

*'. I. Millians

PRENDON OF INFOTUAPIOH REQJEST OF

JONT NICHOLS, PID. ECCARDING

JOIN I. HEZUEDY ASSASSINATION LOCUSENTA

Roferenes is rade to Loqol Counsel to J. l'. Sdans'

sonorandun of February 26, 1975, "hercin the Laboratory as

agiod to Invior dichols* requests in kis letter Irceivod

February 21, 1975, and in his talegron of Icbruary 10, 1975.

and comment on the availahility of the naterial.

Item 70. 1

Ills float iton roquesto the "raw datal and

"derived results" of neutron activatich analysis (wl) and/or

spootrographio examinations conducted on the follotin

apccinons and any othri spocimons so esamined:

Sescrintion of Srecimene

Conmission

shibit number

Laboratory

Number

Cr. 399

CE 507

22

Cr 569

03

CE 843

CE 842

62-115530

JI-K: Idb (G)

1 - MI. BreSSON

1 - 71- isintz

04, 05

09

Description

Fullet fron Stratcher

Pullet Examont from

Iront neat cushion

mullet frament fron

heside front seat, right

side

Metal fragmento fron

Fresident's head

Metal fragment from arm

of Covernor John Connolly

(CONTINUED-OVER)

NW 54999 DocId: 32989522 Page 66

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## Page 67

Kenorandum to ir. Inite

FREEDO.! OF INFORSACION REQUEST OF

JOLT ITICHOLS, M.D. RECARDIIG

JOILI I. REMEDY ASSASSIMATION DOCULLIES

62-115530

CF. 340

014

Three retal fragrents

recovered from rear £100x

board carpet

CE 573

0138

Eullet from General

Talker's residence

The response to this request is being linited to the

specinens listed by Nichols and two copies of the "raw data"

and "derived results" are attached for roriew. It should be

noted that no NAA examinations were conducted on CE 569 and

CE. 573,

The attached notes and calculations nay not be

entirely responsive to Nichols' "rav data" request.

The actual

data printouts for NAA are available but are not being furnished

because the nurbers obtained fror the data printouts were

subjected to basic arithetic operations the Inaults of which

are incorporated in the information furnished with this

ronorandun.

The Special Photographio Unit of the Laboratory is

still involved in the reproduction of the spectrographic platos.

these roproductions vill be available by Karch 24, 1975.

Itens 10. 2 throuch

The answers to Nichols" second through fifth itons

were included in fureau letter to Nichols dated March 7, 1975.

Request In telegram dated February 12, 1975

Ixcept for small anounts of each specimen which were

removed for spectrographie and/or ills examinations, the

specinens referred to were turned over to the Mational Archives

and are in the custody of the Axchivist. The amounts of material

removed for preparation of the specimens for examination were

not recorded nor wore the remaining weights recorded.

The laboratory is not in position to respond to

Nichols' requost for perninaion to conduct his cun craninations

of the referred to specimens.

ACIION: lion. For information only.

2

EN 5A999 DocId: 32989522 Page 67

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## Page 68

MI. J. B. Adams

3/7/75

vegal Counsel

PUBLIC; LAW 93-502, AMENDMENTS

INFORMATIONI ACT (FOIA) , TITLE

SECTICA 552

TO THE FREEDOM OF

5, UNITED STATES CODE,

The purpose of this memorandun is to bring to the

attention of all Bureau Officials and Supervisors information

and pertinent guidelines, in addition to those contained in

attached proposed letter to. all SACs, resulting from the new.

amendments to the FOIA.

Additional guidelines and observations

will be submittez for consideration from tine to time as expo-

zience gained under the provisions warrant.

reprasentatives

of the FOIA Unit will be available to aúdress Division confer-

ences regarding this Act.

As you have previously been advised; the Freedom of

Information Act (EOIA)

was recently amended and the amendments

became effective February 19, 1975. Copies of the FOIA incor-

porating the recent amendments are now available and are

attached for your information. As can be seen fron the attached

reprint, the primary effect of the new amendments is to increase

the administrative burden of processing Isquests under the Act,

which is being handled by the Legislative Matters Section, FOIA

Unit of the Legal Counsel Division.

Occasionally, however, the

assistance of other Divisions will be necessary in resolving

guestions concerning a particular request.

The amended Act has altered the previous Act in

three major areas of concern to the FbI.

1. Change in Exemotion (b) (1). This exemption

relates to classified national defense and foreign policy

The major change in this area is that the amended

Act expressly provides for in camera juäicial inspection of

any documents withheld under this exemption, with the purpose

of ascertaining is they are "properly"

classified. As a

result of

this provision, a revier of all classified docu-

ments will be made prior to assertion of this axemption, to

insure the classification is pioper and current.

Ent.

* Mi. Adams - Enc.

I: - Each Assistant Director - Enc.

JRD:ms (17)

NW 54999 DocId: 32989522

"page-la

CONTINUED - OVER

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## Page 69

Legal Counsel to Mr. J. B. Adams memo

Re:

Public Law 93-502

2. Change in Exemption (b) (7) The Language of

this exemption has been changed from

"investigatory files"

under the old Act to "investigatory records" under the present

Act, and the bases for withholding records falling in this

category have been narrowed to six specified situations.

The situations in which investigatory records may

be withheld are specified in the amended Act and may be briefly

described as follows:

Where release of the record would...

(1) interfere with enforcement proceedings (investigation or

prosecution) (2) deprive a person of a fair trial (3) constitute

an unwarranted invasion of personal privacy (4) disclose the

identity of a confidential source (either a paid informant

or any citizen furnishing information to us with an express

or implied assurance of confidentiality) (5) disclose investi-

gative techniques and procedures, or (6) endanger the life ox

safety of law enforcement personnel.

3.

Processing of Requests. The amended Act has

imposed a statutory requirement that an agency respond

to an

FOIa request by either denying or granting the request within

ten working days, or in certain specified instances within 20

wosking days..

As pointed out above, the amendments have also

drastically revised the "investigatory files" exemption and

now refers to "investigatory records."

The effect of these

two modifications

is to greatly increase the administrative

burden of processing FOIA requests.

The change in the wording

from "files" to "records" requires

a document-by-document review

of the files falling within the scope of the request. The exemp-

tion for investigatory records is now such that it also requires a

page-by-page review to justify withholding of the information

contained in these records.

The Act also requires that any

"reasonably segregable" portions of a record be made available

to the requester after the portions which are exempt have been

deleted.

This means that any documents not exempt in their

entirety must be read and deleted on a paragraph-by-paragraph

basis.

As mentioned above, the modification of the

(0) (1)

exemption now requires us

to review the classification of

documents before the (b) (1) exemption is asserted.

As can be seen from the above explanation, the bases

for withholding information in a closed investigatory file arc

limited.

The two most frequently relied-on exemptions when

dealing with an inactive investigation are

(b) (7) (C)

(unwar-

ranted invasion of personal privacy) and (b) (7) (D) (information

furnished with an express or implied assurance of confidentiality).

- 2-

54999 DocId: 32989522 Page 69

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## Page 70

Legal Counsel to Mr. J. B. Adams memo

Re: PubLIC Law 93-502

Assertion of these exemptions relies heavily on the assumption

that an individual who cooperates with this Bureau in the course

of an official investigation does not wish to have his identity

or the information he furnished released to the

subject of the

investigation or to third parties, unless this is necessary in

enforcement proceedings of a judicial nature. The Legal Counsel

Division is giving consideration to suggesting adoption of certain

procedures by the field in recording the results of our interviews

in order to strengthen our position in asserting these

exemptions.

Before adoption of any such procedures, the views of other Divisions

as to the effect these procedures might have on dissemination of

information and related

• problems will be solicited.

Additionally, to enable the FOIA Unit to comply

with the short statutory deadlines imposed by the Act,

normally

ten working days, it will be necessary for all other Divisions

to cooperate expeditiously in the handling of these matters when

called upon to do so.

This will involve insuring that any mis-

directed FOIA requests received by other Divisions are transmitted

to the Legislative Matters Section, Room 4503, Justice Building,

Attention: FOIA Unit, by the most expeditious means avail-

The time limit for response to a request generally

begins to run from the date the request is received in any

Division of EBI HQ. As the applicability of some of

the exemptions depend upon whether release of the information

requested would interfere with an ongoing investigation or

enforcement proceedings, it will on some occasions be necessary

for the FOIA Unit to consult with other Divisions concerning

their opinion as to the effect release of information would

have on an ongoing case. In some situations, also, the Division

handling the substantive violation may be consulted to provide

background data, in order to ascertain if the continued classi-

fication of a particular document is justified.

RECOMMENDATION:

The attached letter to all SACs be sent, which

explains the recent amendments to the FOIA and sets out

procedures for handling FOIA requests or inquiries received by

Field Offices.

• 3-

NW 54999 DooId: 32989522 Page 70

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## Page 71

(Typod March 7, 1975)

PERSOIRL ATTRIDION

#norandun to All fpecial Agchts in Charge:

RE: SUNLIC 17V 93-502

AXDUDADATS TO MID FREEDON CE INFCRMATION

ACT (ICIA), TITLE 5, UNITED STATES CODE

SECEION 552

Congress recently arended the roIr, Title 5, Unitel

states Code, Jection 552 and these anendments became effective

Ecbruary 19, 1975.

ittached are two copies of the fOld which

incorporate the recent amendments.

As you will recall, the FOIl Icquires Government

agencies to furnish recordis and documents to the public upon

request subject to several exceptions or exemptions which allow

the withholding of records and docuents in cortain specified

situations.

The primary lifect of the recent amendments is to:

(1) Feduce the tine available to an agency for

responding to an FOIA request to ten working days, or in

certain specific situations 20 working days.

(2) Provide for in canera court review of any classi-

fied docuients withhold under axerntion (b) (1) to ascertain if

the classification is proper.

This, of course, vould occur

only if a suit is filed by the requester appealing from a denial

of documents withheld under this exemption.

(3) Marrow the exemption (l) (7), which previously

provided for the withholding of investigatory files compileu

IcI law enforcenent purposes.

The anenied czenption (b) (7)

now allows withholding of "investigatory records" in six

specific instances or circunstances.

The Legal Counscl Division, Legislative Hatters Section,

FOIA Unit of IDI NO is handling the implementation of this act.

rield offices should continue to follow proceiures previously

set forth for handling of FOIN rcquests, in Nanual of rules ;

and legulations, Part II, Section 8D, page 10C.

That is,

brief letter acknowledging the Iccuipt of a sequest should be

sent to the Icquester and he should be advisel the request is

1 - Each Assistant Director

1 - jIrs.

Smith

JRD: ms (17)

TW 54959 DocId:32989522 Page 71

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## Page 72

Memorandum to All Special Agents in Charge

Re: Public Law 93-502

_being forwarded to FBI HQ for consideration. The request

should then be transmitted by airtel to FBI HQ, Attention:

Legal Counsel Division, Legislative Matters Section, on an

expedite basis. The airtel transmitting the letter should

provide a summary of any background data available on the

subject matter of the request.

In the event telephonic or

personal

inquiries are received concerning the procedures for

making requests under the Act, the requester should be advised

to direct a written request to the Director, FBI, Washington,

D. C. 20530. The envelope and letter should be marked "Ereedom

of Information Act Request," or similar wording.

The time

period for response to an FOIA request will not begin to run

until the request is received at FBI HQ.

The princioal effect of the extensive amendment

to the investigatory files exemption, Section 552 (b) (7),

is to allow the withholding of records from our investigatory

files only in six specified circumstances which are set out

in the Act.

We anticipate that in handling these requests we

will rely heavily on subsection (b) (7) (D) which allows with-

holding of information furnished by an individual who is a

"confidential source."

The term

"confidential source" has

been interpreted in the legislative history of the Act and

through analysis of the Act by the Department of Justice, as

covering not only informants but any citizen who furnishes

information to an agency with the express assurance of con-

fidentiality or under circumstances where such an assurance

could reasonably be inferred.

Efforts will be made during initial and follow-up

in-service training of Field Office Legal Counsel, to cover

in detail the provisions of the Act. Any inquiries concerning

other problems arising under the Act should be directed to the

Legislative Matters Section, Legal Counsel Division, FBI HQ.

Additional guidelines and interpretations concerning the Act,

resulting from expected court decisions and experience gained

in applying its different provisions, will be furnished you

from time to time where necessary.

Clarence M. Kelley

Director

Enclosures

(2)

_ 2 -

NU 54999 DocId: 32989522 Page 72-

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## Page 73

5$852 ' THE AGENCIES GENERALLY

§ 552. Public information; agency rules, opinions, orders,

records, and proceedings

i End agency shall maxe available to the public

Intolaron as follows:

i1 Each agency shall separately state and currently

publis in the Federal Register for the guidance of

the pubie-

Al descriptions of its central and field organiza-

tion and the established places at which, the em-

ployees (and in the case of a unitormed service, the

mempers) from whom, and the methods whereby, the

public may obtain information, make submittals or

requests, or obtain decisions;

•B) statements of the general course and method

by which its functions are channeled and determined,

including the nature and requirements of all formal

and intormal procedures available;

¡Cl rules of procedure, descriptions of forms

available or the places at which forms may be ob-

rained, and instructions as to the scope and con-

tents of all papers, reports, or examinations;

•D: substantive rules of general applicability

adopted as authorized by law, and statements of

general policy or interprerations of general applica-

bility formulated and adopted by the agency; and

(E) each amendment, revision, or repeal of the

foregoing.

Except to the extent that a person has actual and timely

notice of the terms thereof, a person may not in any

manner be required to resort to, or be adversely affected

• by, a matter required to be published in the Federal

Register and not so published. For the purpose of this

paragraph, matter reasonably available to the class of

persons affected thereby is deemed published in the

Federal Register when incorporated by reference there-

in with the approval of the Director of the Federal

Register.

(2) Each agency, in accordance with published rules,

shall make available for public inspection and copying-

(A) final opinions, including concurring and dis-

senting opinions, as well as. orders, made in the

adjudication of cases;

(3) those statements of policy and interpretations

whi a have been adopted by the agency and are not

published in the Federal Register; and

•C) administrative staff manuals and instructions

to stull that affect a memoer of the public;

unless the materials are pio. prly published and copies

ottered to: sale. To the extent required to prevent a

clearly sowarranted invasion of personal privacy, an

seney tay delete identityine derans chen it makes

"tilabi or publishes an opinion, graement of policy,

interperation, o

It on wil or instruction. However,

in sach case the justiticanion for the deletion shall be

explained fully in writing.

Each agency shall also

muintain and make available for public inspecrion and

copying current indexes providing identifying informa-

tion in: the public as to any matter issued, adopted, or

promulgated after July 4, 1967, and required by this

paragraph to be made available or published. Each

agency shall promptly publish, quarterly or more fre-

quently, and distribute ruy sale or otherwise) copies of

each index or supplements thereto unless it determines

by order published in the Federal Register that the

publication would be unnecessary and impracticable, in

which case the agency shall nonetheless provide

copies of such index on request at a cost not to exceed

the direct cost of duplication. A final order, opinion,

statement. of policy, interpretation, or staff manual or

instruction that affects a member of the public may be

relied on, used, or cited as precedent by an agency

against a party other than an agency only if-

(i) it has been indexed and either made available

or published as provided by this paragraph; or

(i1). the parts has actual and timely notice of the

terms thereof.

(3) Except with respect to the records made avail-

able under paragraphs (1) and (2) of this subsection, .

each agency, upon any request for records which (A)

reasonably describes such records and (B) is made in

accordance with published rules stating the time, place,

fees (if any), and procedures to be followed, shall make

the records promptly available to any person.

(4) (A) In order to carry out the provisions of this

section, each agency shall promulgate regulations,

pursuant to notice and receipt of public comment,

specifying a uniform schedule of fees applicable to all

constituent units of such agency. Such fees shall be

- limited to reasonable standard charges for document

search and duplication and provide for recovery of only

the direct costs of such search and duplication. Docu-

ments shall be fumished without charge or at a reduced

charge where the agency determines that waiver or re-

duction of the fee is in the public interest because

fumishing the information can be considered as prima-

rily benefiting the general public.

(B) On complaint, the district court of the United

States in the district in which the complainant resides,

or has his principal place of business, or in which the

agency records are situared, or in the Distriet of Co-

lumbid, nas jurisdiction to enjoin the aurney from with-

holding agency records and in order the pioduction ot

any agency records impoperly withhell trom the cou-

prainair.

In such a-an the cons shall damin the

matter de sovo, and we, asamine the contens of and

1

NN 54999 DooId: 32989522 Page 73

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## Page 74

ince otis in mamera mo

mine shuther such

a.cin a win part "idio such be withheld under any

ol the camp'lons set tort. in subsection (b) of this

section, ind the burdni is on the agency to sustain its

-C "otwithstanding uny other provision of law, the

retrudant shall serve an answer di orherwise plead to

ay complaint made under this subsection within thirty

"is-tar service upon the defendant of the pleading

nich auh compiain is rude, unless the court

nervisa druis for good cause shown.

D. Escapi as to cases the court considers of greater

importance, proceedings before the district court, as

authorized by this subsection, and appeals theretrom,

take precedence on the dociset over all cases and shall

be assigned for hearing and trial or for argument at the

earliest practicable date and expedited in every way.

•E; The court may assess zains the United States

reasonable attorney fees and other litigation costs

reasonably incurred in any case under this section in

which the complainant has substantially prevailed.

(F) Whenever the court orders the production of any

agency records improperly withheld from the complain-

ano and assesses against the United States reasonable

attorey fees and other litigation costs, and the court

additionally issues a written finding that the circum-

stances surrounding the withholding raise questions

whether agency personnel acted arbitrarily or capri-

ciously with respect to the withholding, the Civil

Service Commission shall promptly initiate a proceed-

ing to determine whether disciplinary action is war-

ranted against the officer or employee who was primar-

ily responsible for the withholding. The Commission,

aiter investigation and consideration of the evidence

submitted, shall submit its findings and recommenda-

tions to the administrative authority of the agency con-

cemed and shall send copies of the findings and rec-

ommendations to the officer or employee or his repre-

sentative. The administrative authority shall take the

corrective action that the Commission recommends.

(G) In the event of noncompliance with the order of

the court, the district court may punish for contempt the

responsible employee, and in the case of a uniformed

service, the responsible member.

• (5) Each agency having more than one member shall

maintain and make available for public inspection a

record of the final votes of each member in every

agency proceeding.

16).. Each agency, upon any request for records

na it inder pararaph (1', 2), o: 13! of this subsection,

shall-

'i' determne withi:. ten daws (excepting Satur-

dags, Sunduys, and legal public holidays ulter the

receipt ot any such request whether to comply with

such reques

shall mmediately nority the person

i me such legue" i such dote mnation aid the

iasons theretor, and of the right of such person to

spe-al to the head of the agency any adverse

de-emiration; and

rii: make a determination with respect to any

appeal within twenty days rexcepting Sarardugs,

Sundays, and legal public holidays) after the receipt

of such appeal. If on appeal the denial of the re-

quest tor records is in whole of in part upheld, the

sency shall notity the person makine such request

or the provisions for judicial review of that deter-

mination under paragraph (4) of this subsection.

'B) In unusual circumstances as specified in this

subparagraph, the time limits prescribed in either

clause (i) or clause (ii) of subparagraph (A) may be

extended by written notice to the person making such

request setting forth the reasons for such extension

and the date on which a determination is expected to

be dispatched. No such notice shall specify a date

that would result in an extension for more than ten

working days.

As used in this subparagraph, "unusual

circumstances' means, but only to the extent reasonably

necessary to the proper processing of the particular

(i) the need to search for and collect the requested

records from field facilities or other establishments

that are separate from the office processing the

(ii) the need to search for, collect, and appropri-

ately examine a voluminous amount of separate and

distinct records which are demanded in a single

request; or

(iii) the need for consultation, which shall be

conducted with all practicable speed, with another

agency having a substantial interest in the deter-

mination of the request or among two or more com-

ponents of the agency having substantial subject-

matter interest therein.

(C) Any person making a request to any agency for

records under paragraph (1), (2), or (3) of this sub-

section shall be deemed to have exhausted his admin-

istrative remedies with respect to such request if the

agency fails to comply with the applicable time limit

provisions of this paragraph. If the Government can

exceptional circumstances exist and that the

agency is exercising due diligence in responding to the

request, the court may retain jurisdiction and allow

the adeney additional time to complete its review of

the words. Upon any determinaries: by an crani: to

vorpi with i request for records, the records shall be

Mies n than to such parron makin such

d' para".

•encircution of demal di and recurg to:

Isue"ss under this subsection shall set foith the mames

2

NW 54999 DocId: 32989522 Page 74

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## Page 75

trote positions of ad person responsible for

- Ends such request.

1b

-is section does no works to matters riat are-

il a specifically cut.cided must criteria estab-

lished by an Executive order to be rept secret in the

interest ut national defense oi foreign policy and (B)

we in ini pioperly classitted pursuant to such Exec-

utive order;

•=i--wed solely to the internal personnel rules and

practic-s ol an agency;

3, spritically exempted irom disclosure by statute;

(41 trade secrets and commercial or financial infor-

mation obrained from a person and privileged or con-

fidential;

15) inter-agency or intra-agency- memorandums or

letters which would not be available by law to a party

other than in agency in litigation with the agency;

151 personnel and medical tiles and similar files the

disclosure of which would constitute a clearly un-

warranted invasion of personal privacy;

iT! investigatory records compiled for law enforce-

ment purposes, but only to the extent that the produc-

sion of l records would A intertere with enforce-

ment proceedings, (B) deprive a person of a right to a

tair trial or an impartial adjudication, (C) constitute an

unwarranted invasion of personal privacy, (D) disclose

the identity of a confidential source and, in the case of

i recoid compiled by a criminal law enforcement au-

inority in the course of a criminal investigation, or by

in agency conducting a lawful national security intel-

ligence investigation, confidential information fur-

nished only by the confidential source, (E) disclose

investigative techniques and procedures, or (F) endan-

ger the life or physical

saiety of law enforcement

personnel;

(8) contained in or related to examination, operating,

or condition reports prepared by, on behalf of, or for -

the use of an agency responsible for the regulation or

supervision of financial institutions; or

(9) geological and geophysical information and data,

including maps, concerning wells.

Any reasonably segregable portion of a record shall

be provided to any person requesting such record after

deletion of the portions which are exempt under this

subsection.

(c) This section does noi authorize withholding of

intormation or limit the availability of records to the

public, except as specitically stated in this section.

This serion is not autionis to withhold information

trom Congress.

(d) On or before March 1 ri each calendar year, each

spen: chal submit a rept coverian the precedin:

ider": tor to the Spouse. o: the House of Repr

matatives ille

crat so the Sade for referral to

Ine appropriate comatses of the Charross. The repost

shall include-

111 the nursbet of determinations made by such

agency not to comply with requests for records made

to such agency under suusection (a! and the reasons

for such such determinacion;

(2) the number or appeals made by persons under

subsection (as 161, the result of such appeals, and

the reason for the accon upon each appeal that re-

sules in i denial of intormation;

13) the names and titles o- positions of each

person responsible for the denial of records re-

quested under this section, and the number of in- •

stances of participation for each;

(4) the results of each proceeding conducted pur-

suant to subsection (a) (4) (F), including & report

ci the disciplinary action taken against the officer

or employee who was primarily responsible for im-

properly withholding records or an explanation of

why disciplinary action was not taken;

(5) a copy of every rule made by such agency

regarding this section;

(6) a copy ot the fee schedule and the total a

mount of fees collected by the agency for making

records available under this section; and

(7) such other information as indicates efforts to

administer fully this section.

The Attorney General shall submit an annual report

on or before larch 1 of each calendar year which shall

include for the prior calendar year a listing of the

number of cases arising under this section, the exemp-

tion involved in each case, the disposition of such

case, and the cost, fees, and penalues assessed under

subsections (a) (4) (E), (F), and (G). Such report shall

also include a description of the efforts undertaken by

the Department of Justice to encourage agency com-

pliance with this section.

• (e) For purposes of this section, the term "agency."

as defined in section 551(1) of this title includes any

executive department, military department, Government

corporation, Government controlled corporation, or

other establishment in the executive branch of the

Govemment (including the Executive Office of the

President), or any independent regulatory agency.

The amendments made by this set shall take effect

on tite ninetieth day beginning aiter the date of en-

actment of this Act.

Puh. L. 93-502, so Star 1561 Nor. 21, 1077.

NW 54999 DocId:32989522 Page 75

3

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## Page 76

I - Mir. Conrad

1 - Office, 7133

1- Mi. Frazier

3/18/71

22

Nir. Conrad

W. D. Griffith

FREEDOM OF INFORMATION

HAHOLD WEISBENG

By memorandum of 3/16/11, attached, the Department has referred for

comment a request from Mr. Weisberg for additional photographs of President

Kennedy's clothing.

Welsberg Is the author of several books pertaining to the assassination,

Including 'Whitewash - The Report of the Warren Commission." His writings for the

moat part are vitriolic criticisma of the Warren Commission, the FBI, the Secret

Service and several other U. S. Government agencies, as well as the Dallas Police

Department. His writings contain inaccuracles, falseroods and the deliberate

slanting of tacts to sult his purpose. There haa been considerable past correspondence

between Welaberg and the Department, and the Department and the Bureau concerning

photographs and other material in our flies relating to the investigation of the

assassination of President Kennedy.

In memoranda from the Department dated 5/19 and 6/22/70, and our

keplies of 5/28 and 7/1/70, relating to requeste from Welaberg, we furnished to

the Department a photograph showing the tabs of the President's shirt and three

additlonal photographs showing the back of the ahirt, a close-up of the ares containing

the bullet hole in the back of the shirt, and a pluture of the knot in the necktle.

By memorandum from the Departmont dated 8/13/70, the Bureau was

, adviaed that a complaint had been flled in the U. S. District Court for the District of

Columbla entitled Harold Weisberg V. Department of Justice, Civil Actlon No. 2301-70,

under the Freedom of Information Act, to force the Government to "produce and make

avallaule for copying the spectrographle analyses of the various bullets and fragments

inrolved in the assassination of Prealdent Kennedy. This clvil suit was the outgrowth

Enclosure

¿ - Air. Sullivan

1 - Mi. Mohr

1 - Mr. Bishop

1 - Mr. Dalbey

1 - MI. Nosen

MEW: ljb (9)

(CONTINUED - OVUE)

NN 54999 DooId: 32989522

Page 76

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## Page 77

Memorandum to Mr. Conrad

NE: FRUNDOM DE INFONMATION

HAKOLD WEISBURG

of Walsberg's continuing efforts to obtain detalled notes, worksheets and photographic

plates comprising the "raw data" upon which the conclusions of Laboratory examiners

were based. Our filed show that this action is still pending.

We took the position in this latter matter that the materials requested

were part of the Bureau's Investigative files pertaining to the assassination and hence

Weisberg's request should be dented on the basis of the exception in the reedom of

Information Act which specifically exempts investigative flles compiled for lar

enforcement purposes, Title 5 United States Code, Sectlon 552 (b) (7). This matter

has been discussed and coordinated with the Office of Legal Counsel.

RUCOMMENDATION:

(1) Although we have furnished photographic material to the Department

previously which has been furnished Welsberg, in vlew of the pending litigation it

is recommended that we request the Department to deny this most recent request.

(2) There is attached for approval a proposed letter to the Department

sotting forth our views and returning the enclosures to the Department's memorandam.

2

-

54999 DocId: 32989522 Page 77

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## Page 78

FEDERAL BUREAU OF INVESTIGATION

POSTPONEHENT INFORMATION SHEET (JPK MATERIALS)

4

Page(s) withheld entireit at this iocation in the tiie.

One of

more of the foliowing statements, where indicated,

explain this deletion (these deletions;.

[]

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable material

available

for disclosure.

All references relate to

Section

6

of the "President John F. Kennedy Assassinasier.

Records

collection Act of 1992."

[) Subsection lA (intelligence agent's identity)

[] Subsection 1B (inteiligence source or method)

(]

subsection 1C (other matter relating to military

defense, intelligence operations er

the conduct of foreign relations!

[]

subsection? (living person who provided

confidential information)

Subsection 3 (unwarranted invasion of privacy)

[)

Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[]

subsection 5

security or protective procedure,

currently or expected to be utilized!

( )

Information pertained to a matter unrelated to the JFK

Assassination investigation.

(]

For your information:

FUJPA

[)

The following number is to be used for reference

regarding

this page (these pages) :

62-107860-83678 Bulky

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXOX

XXXXXXXXXXOOK

-=--

WWW.54022DocId:32980522

Page 78

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## Page 79

May 15, 1975

Clarence M. Kelley

Office of the Director

Federal Bureau of Investigation

Washington, D.C. 20535

Dear Director Kelley:

First, I would like to thank, you for your letter of

March

20, 1975 and the enclosure, which, contributed

much to my ünderstanding of the FBI investigation into

this matter.

I have a document from the Warren Commission's files

(document enclosed) that. lends itself to several

interpretations - one which could reflect badly on the

FBI.

In a November 22, 1963 report of transmittal of

ballistics evidence from the autopsy at Bethesda Naval

Hospital

to the FBI Laboratory, agent Francis X: O'Neill,

Jr., lists a "missle" recovered by the autopsy doctors.

I realize FBI agents Sibert and O'Neill transmitted

several tiny bullet fragments to the FBI Lab (CE 843)

for examination.

Are they referring.to these fragments

or are they reporting the recovery of a bullet?

ncerely

. '

FIN:mkn

Enclosure

14812 McCormick Street

Van Nuys, California 91411 .

NW 54999 DocId: 32989522 Page 79

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## Page 80

June 11, 1975

Fred T. Nexcomb

14812 McCormick Stroet

Van buys, California

91411

Deat MI. Newcordo:

May 15th.

This 1s to acknowledge your letter of

Enclased is a copy of ar. FBI Laboratory

report which sets foith the specirens transmitted by

Special Agents Francis O'Neill, Jr., and Jares W.

Sibert. I trust this document will help clarity any

possible Elsunderetanding concerning this evidence.

sincerely yours.

cutele

clarence 026) 104/

Director

Enclosure

1 - The Deputy Attorney General • Enclosures (2)

Attention:

Susan M1. Hauser

NOTE:

The reply and the material sent to reguester were coordinated

with the Laboratory Division.

Warren Comuission Report.

Nanes of Agents are published in

siw:mrs (5)

NW 54999 DocId: 32989522 Page 80

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## Page 81

1- Cumu

7410

March 20, 1979

Nelsonta

1482k Mecomick street

var boys, CalifcInia

DeET ME. Newcont:

$1411

- It- Minta

Knite

HE- FIZZLEI)

This 15 in reply to your letter dated February 29tk,

ith choloses, which vE reCeivEd in my cLIi on March 356.

Enclosed pursuast to your reguest is che detos copy

0f ouT IusultE sE parailin cast besto ston ioE Eatrey Osuall

cohenates

in the investigation of the ansassination of former

President kennedy.

As your reply fron Janes I. Livernar, Director,

Division of Biomodical and invironmonial Rescatch, Snergy

Fesearch and Development Adninistzation, Gated February 13ti

indicates, our personnel conducted the exantnation and exalysis

In question. Unile the Atonic Bnergy Camission til provide

the recessary eguipment for thase teate, it did not conduct.

the examination or produce a repora.

The renits of the enmination and saalysis of tho

bullete you request ure the spootrographic tests contained in

aS FRI ISport Seted Eovesber 30, 1963, Et Dalle, Iess, a48

she resuite of the neutron activation analyses.

The

sparerographie roport has boon furnishcs to tre Fational

archives and is available to the pubio

the roadite are set forth in the beport of the ferren

Commission, Volume 5, pages 47, 69, 73 and 74, Thereia LE

is specifically stated that che

ental fragaente were

zaalyze spectrographically end vere found to be similar

in commosition.

1 - The repucy Istornoy General • EnClOrIC

1 - Bafil: 62-115530 (FOI-MPLIES)

PIECE!

= (3)

NW 54999 DoçId:32989522 Page 81

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## Page 82

The neutron activation analysis resalts mera

furnished by letoor to Bonorable j. Lee Renkin dated

70J7 3, 1964.

This lettar in evailabla to the public ir

the National Archives

We are therefore of the opinion there has been full

disclosure of the results of our testing in this regarê.

Sincerely yours,

Clarence M. Kelley

Director

Enclosure

Correspondent is not identifiable in bufiles. Reply

has been coordinated with the Laboratory Division.

The enclosure

is serial 2384 from file captioned "Lee Harvey Oswald, IS-?"

(Bufile 105-82555) with deletion of file numbers, administrative

data.

and addendum which identified three employees of Union

Carbide who assisted in the exanination.

-

904

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Page 82

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## Page 83

FEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHPET (JER MATERIALS)

Pagers, withheld entire at this iocation in are tiie.

one of more of the foliowing statements, where indicated.

explain this deletion (these deletions;.

(]

[]

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable material

for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassinater.

Records Collection Act of 1992."

() subsection lA (inteliigence agent's identity)

Subsection 1B (inteiligence source or method)

(] Subsection IC (other matter relating to military

defense, intelligence operations c:

the conduct of foreign relations!

()

Subsection ?

(living person who provided

confidential information)

( ]

Subsection 3

(unwarranted invasion of privacy)

[ )

subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

subsection 5

(security or protective procedure,

currently or expected to be utilized,

Information pertained to a matter unrelated to the JFk

Assassination investigation.

For your information:-

FOTA

The following number is to be used for reference

=52 109040-83021

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXX00000XX

XXXXXXXXXXXXX

XXXXXXXXXXXX

415405 Doold: 30080522 Fags 83

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## Page 84

41:

terest

Asir

f*4.2411)

62-108000

MR. MINTZ

3/21/75

3, B. ADAMS

don

bert

FREEDOM OF INFORMATION

ACT (FOIA) REQUESTS

In order to expedite arccessing of FOIA requests received

in the Legal Counsel Division requiring document review and/or comments

by other FBIAQ divisions,; the following procedures should be implemented

under normal circumstances:

Legal Counsel should prepare memorandum to the Assistant

Director of the FBHQ division involved requesting review of material,

necessary comments, or other required action relating to the FOIA request.

The recipien't FBIHQ division should handle the matter in accordance with

Legal Counsel's request and respond directly to Legal Counsel by addendum

to the memorandum or, il necessary, by memorandum. When all action

is completed, the final package including the reply to the initiator of the

FOIA request prepared by Legal Counsel would thereafter be sent to me

for approval.

I, however, there is some specific reason to notify me of the

receipi of the FOlA request as would be the case if the initiator was of

particular interest to higher Bureau officials, or if good judgment would

otherwise dictate; I should be aware of the request, Legal Counsel should,

in those instances,. prepare the memorandum to me.

ACTION:

For information.

PLMamS

(16)

1 - Mr. Jenkins

1 - Each Assistant Direetor

NW 54999 DocId: 32989522 • Page 84

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## Page 85

176

FEDERAL BURKAU OF INVESTIGATIO

OSTPONEHENT INFORHATION SHEKT (JFK HATERIALS

Pae de ure be de tired at statements on ine he felted,

explain this deletion (these deletions) .

[]

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable materia.

available

• for disclosure.

All references relate t

Section 6 of the "President John F. Kennedy Assassination

Records

Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[]

Subsection 1B (intelligence source or method)

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection 2

(living person who provided

confidential information)

[] Subsection 3

[] Subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently requiring

protection)

[] Subsection 5

(security or protective proceaure,

currently or expected to be utilized)

Information pertained to a matter unrelated to the JFK

Assassination investigation.

i For your information:

FUZA

i The following number is to be used for reference

regarding this page (these pages) :

02-10 9060-8301X Bulky

XXXXxxxxXX

XXXXXXXXXX

XXXXXXXXXX

xxxxxxxxxx

XXXXXXXXXX

xxxxxxxxxx

NW 54999 DocId: 32989522 Page 85

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## Page 86

KENSALT

(Assassination of

Senator Robert F.

Kennedy

Los Angs 08, Calif.

54999

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Page 86

---

## Page 87

*Ir. Conrad

March 3, 1970

W. D. Griffith

EXAMINATION OF ALPNOTIC FRIZZIGS

During the secent American Academy of Forensic

Sciences meeting in Chicago, Dr. Seymour Follack, poychiatrist

at the University of Southern California, Los Angeles,

presented a discussion of hypnotic writings which he classified

as autonatic writings.

Dr. Pollack stated thai his study followed the

clain nade in the Sirhan Sirhon trial that the writings in

Sirhan's noteboo's were prepared thile Sirhon was under a state

of self hypnosis. This clain was successfully reluted duving

the trial of Sirhan.

Subsequent to the trial, Dr.

Pollack conducted

experiments concerning aucomatic (hypnotic) mritings.

experiments he requested that each subject present normal

undictated writings prepared prior to the caparinent. Le

also cotainod dictated bandwriting sanples which vere written

prior to hypnosis. Ho then obtained dictated vritings propared

under hypnosis.

Finally, he obtained handwriting samples

subsequent to hypnosis.

Dr. Pollack then subsequently presented the

handwriting samples to.

Lawrence Sloan,

Sx., docusent examiner,

LoS Angeles, With the request that Sian determine which of

the Fritings were prepared under hypnosis.

Dr. Pollack

reported that Sloan erred : in about 70 per cent of his

determinations in labeling as being automatic (hypnotic)

- Ax. Conrad

1

- IIr. Griffith

- Mr.

Brittain

sir.

Cadigan

2 - Mr.

1

Oberg

1.

1÷7-

+34796

Te. 80-870-17379461

пох посока

183 MAR € 1570

• No.

Webb

Williams

}

spotty ane net darnitial

- Mr. Bohn

0- 62-587

Expert file of Lawrence Sloan, Sr., document

examiner for Los Angeles, California,

Prosecutor's Office

CONTINUED - OVER

CEB:n₫ (11)

NW 54999 DocId: 32989522 Page 87

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## Page 88

Memorandun to Ur. Conrad

Rie:

Examination of Hypnotic Writings

writings certain of the sritings examined. This was the

result of comparisons with normal writings of the subjects.

Sloan also reportodly nade 100 per cent error in labeling

the mritings prepared subsequent to hypnosis as being

automatic (hypnotic) writings.

Br. Pollack appears to be an extrenely conpetent

psychiatrist and was very sincere in his discussions.

He

suggested that Sloan's errors may have been the result of

"over predicting," as frequently happens in

the psychiatric

field.

Also, Dr. Pollac's staied that he considered the field

of hypnotic writings a propec field for experiments.

The above observations would tend to indicate that

Sloan nay have made a series oi speculations in his examinations,.

that there was an insulficient amount of writings available

to suitably permit positive determinations, and possibly that

some hypnotic writings cannot be determined from examination.

ACTION: None. For information.

2

::=.

NW 54999

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Page 88

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## Page 89

I-moratoy Transmittal Form

"RBI

→ LABORATORY-A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Date:

1 - Gen. Invest, Div.

Room 2260

(Attn: H. A. Schutz,

Mr- Comrat

I - Mr. Bradley

1 - Mr. Harward

June 30, 18G0

To: FBI, Los Angeles

~ahoover

Re: KONSALT

STUS PRUSZYNSKI

FBI File No. 62-687

Lab. No.

E-767-BB

Examinatton requested by FBI, Los Angeles

Reference:

Dulet to Los Angeles 5/6/60

Examination requested:

Engineering

Remarks:

It is noted that one portion of Ce30 near the middle of the recording

appears to be either part of some prior recording that was not recorded over

is ation of the age appeare u related to dre parts o the taster tal during

One copy of &e36 is furnished for dissemination by you to the

Los Angeles Police Department.

A determination as to whether any of the recorded material on @c36

relates to the assassination of Kennedy was not attempted by the Laboratory

since it is felt personnel in the los Angeles Office familiar with the case would

be in a better position to make such determination.

inclosures (2) (2 Lab Reports)

WEH: sch: law

NOTE: This examination and instructions to Los Angeles

(7)

coordinated with Supervisor Schutz, Div. 6.

General Investigative Division

Room 2260

ADMINISTRATIVE PAGE

NW 54999 DocId: 32989522 Page 89

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## Page 90

7-10-=

....

To:

Re:

REPORT

of the

FBI, Los Angelos

KASALE

STUS PRUSZYNSKI

1 - Gen. Invest. Div.

Room 2260

i IABORATORY

(Att: H.A. Schutz)

FEDERAL BUREAU OF INVESTIGATIONY - IT: Eradies

- Mr. Bradley

WASHINGTON, D. C. 20535

I - NT. Harward

FBI File NuDe 30, 1969

62: 537

Lab. No.

I-767-KB

Specimens received

8/3/09

@c36 Copy of tapo recording nude by Stus Fruezynski 6/5/63.

Bosults of tzarinationa

Ac36 was tound to have been recordad at a non-standard

spood on i track scorder and contained an interfering bun.

cops of 9c36 uns sado by playing back @c36 on a variable spoed

xocorder adjusting the spodd for a natural sound and squalizing

the Iraquancy response to enhance intelligibility.

Tun mutaltted 9038 and to coptos nado as doscilbed

above are being sont to los Angeles under saparato cover vis

rogiatesad nail.

NW 54999

Docid: 32989522

Page

90

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## Page 91

1-Office, 7133

1/14/69

MR. I. W. CONFAD

Pi. H. JEVONS

KENSALT

(ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA)

The Los Angeles Office has forwarded to the Bureau a letter dated

1/7/69, from the Los Angeles Police Department signed by Deputy Chief Robert A.

Houghton, requesting that the firearms examinations conducted by the

Los Angeles Police Department in this case, be duplicated by the FBI Laboratory

personnel.

The letter states, "A separate and independent analysis would be of value

in later refuting any claims attacking the validity of the examination by a single

department and should preclude disputes or frivolous complaints. "

The duplication of examinations, such as requested, is in direct

opposition to the long-standing examination policy of the Laboratory. There

appears to be no advantage to be gained by the Bureau by conducting the re-examina-

tion of this evidence and the Los Angeles Office recommends that the examinations

not be conducted. Moreover, current newspaper reports quote the Chief Defense

Counsel, Grant B. Cooper, as stating in open Court, "There will be no denial of

the fact that Sirhan B. Sirhan fired the shot or shota that killed Senator Kennedy."

These same newspaper reports further indicate that defenge strategy will be to

prevent the prosecution from proving the key element of premeditated, conscious

intent to kill. Accordingly, duplication of the firearms examination would have

no bearing on this element.

ACTION:

(1) In view of the circumstances mentioned above, it is recommended that

we decline to re-examine this evidence.

(2) Il approved, the Los Angeles Office will be advised accordingly.

1-Mr. Mohr

1-Mr. Deloach

"oK

'SP"

1-Vir. Bishop

1-Mr. Rosen

NW 5499LE alhame (2) Page 91

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## Page 92

NW

54999

MI. Conrad

R. H. Jevona

= Mr.-Conrad

1-Nr. Jevong, 7133.

- 10/15/68

1-Mx. Heilman, 7417

-ASSASSINATION OF SENATOR

ROBEFT F. JENNEDY

On 10/14/60,-Dx. John Holloway, Deputy Medical Examiner,

Los Angeles County, California,

, telephonically contacted the Laboratory

at the request of the Chief Medical Examiner for Los Angeles, Er. Thomas

T. Noguchi, Dr. Holloway stated that in a recent conference at the

White House relative to this case, President Johnson expressed the desire

to Dr. Noguchi to have a Federal laboratory conduct neutron activation

analyses on certain items of evidence collected by the Los Angeles,

California Police Department and his office.

Dr. Holloway was inquiring if the FBI Laboratory could examine

by neutron activation analysis methods a specimen bullet, foreign metallic

deposits on a piece of bone and several biological specimens containing

foreign metallic deposits. The purpose of such examinations is to show

that the foreign metal deposits originated from a bullet of the same lot as

used by assassin Sirhan Bishara Sirhan.

It was explained to Dr. Holloway that it was doubtful that such

I conclusions could be reached from such an analysis and that at best, it

might be concluded that the foreign metal smear could have originated from

a bullet of sirallar composition. Our policy of not examining materials

previously examined by other laboratories was also defined to Dr. Holloway.

Dr. Holloway was not certain as to what examinations had been made but

stated he would find out.

Upon conclusion of the discussion, Dr. Holloway advised that he

would contact Er. Noguchi and subsequently make a formal written request

setting forth the examinations desired and the extent and nature of prior

analyses. Or. Holloway was advised that upon recelpt of such information,

the Bureau, could then determine whether or not we would consider making any

analyses.

62-587

1-Mr. Mohr

1-Mr. DeLoach

V, RH:ich

(6)

DocId: 32989522 Page 92

(CONTINUED - OVER)

---

## Page 93

Memorandum to Mr. Conrad

Re: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

62-587

Dr. Holloway stated that he had previously contacted the Atomic

Energy Commission authorities at Ozc Ridge, Tennessee, with the same

request but was refused assistance.

ACTION:

For information.

"Rise"

WeS"

WW 54999 DocId: 32989522

Page

93

---

## Page 94

Laborato, Transmittal Form

7-72

To:

"ABE

- LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Date:

1

Corrat

Foreign Liaison

Schultz Rm. 5722

FBI, Washington Field Office

September 30, 1968

ahoover

Re: KENSALT

FBI File No.

Lab. No.

62-587

D-680918067 AT

Examination requested by:

Reference:

Examination requested:

Remarks:

Legat, Paris

Bulet to Washington Field Office

dated 9/17/68

' Document

!

2 - LOs Angelos (56-156) EnCloSures (4) (2 Lab report)

2 = Bosactor to closur service detachment only)

==.

CEB: AW (13)

ADMINISTRATIVE PAGE

NW 54999

DooId: 32989522

•Page 94

---

## Page 95

REPORT

of the

"FBI

I LABORATORY _ A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

To: FBI, Hashington Field Office

Date: September 30, 1968

FBI File No.

62-587

Re: KENSALT

Lab. No.

D-G80918067 AT

Specimens received 9/17/68

Qe33 Photocopy of twö-page handwritten letter dated 6/11/68,

bearing messago in Serbo-Groation language (copy of

original lotter proviously submitted)

Kc23

Result of examination:

It was found that the purported writing of daUro stokIe

appearing on the submitted photocopies designated Kezs and ICL

is entirely too indistinct to permit a suitable comparison with. *

the questioned writing on the two-page letter designated as 035;

specimen 033 is the original letter

for the photocopy dess.

and the envelope in which it was matled.

designated & 34, are.

escribed In Fil laboratory report dated 8/25/68, a copy of which

was furnished to the Director, U.S. Secret Service Laboratory

Washington, D.C.

Photocopies of Q32 and 033 were

furnished with FBI

report of. 8/23/68.

Due to the indistinctness of the writing on Kc23 and

Kc24, a definite conclusion was not reached whether DJURO STOKIC

wrote the questioned wilting on ust and dus. GertaIn handwrieln!

characteristics were noted in the purported known writing of

DJURO STOKIC on Kc23 and Kc24 which are consistent with handwriting

characteristics in the letter designated as Q33. These consistences

handwriting characteristics indicate that Q33

may have been

written by DJURO STOKIC.

The submitted material is being retained in the FBI files.

NW

54999 DocId: 32989522 Page 95

---

## Page 96

- 7-1a (Rev. 4-17-67)

REPORT

of the

- LAB FILE

Mre fourad

Mr. Shroder)

To:

LABORATORY A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. G. 20535

Mr. [valleJ. Younger

Los Angalos, Califorala 90012

July 30, 1968

REGISTERID AINMAIL

This examination has been made with the understanding that the evidence is connected with an official

Investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

to the investigation or a subsequent criminal prosecution. Authorization cannot be granted for the use of the

Laboratory report in connection with a civil proceeding.

Re:

Assaonination of

sonator Robert I. Kennedy

YOUR NO.

FBI FILE NO.

LAB. NO.

67-887

D- 680728058 AT

Examination requested by:

Fal, Los Argelos

Lattor dated 7122/88

Reference:

Examination requested:

Specimens:

Rooolved 7/24/88, Iros FBI, Los AngelOs

9028

Photograph of the shooting router of the sea fabilal

Vallay fua Club, DuArto, Calllorala, for 8-8-68, bearinE

asenatura and address

Sirhas Sirhas, 198 I HOvera St,

Pasa" In loNes portion ol paso

Pago 1

2 - FBI, LOS AngalOs (56-168) Enclosuro

CEB/eks (9)

(continuad on next page)

NW 54999 DocId: 32989522 Page 96

---

## Page 97

Result of oratination:

The aoneluelen

was resched tiat the signature

and address Sirhan Sirhar, 69€ I Howard St,

on delu were written by SIR AN BISARA SIKHAN, whöse writings

and whose purported writings appear on KI through K8, XB, X14,

K28, KJD, K622, and whore endorsenents appear on k9 and 116.

Thia speeinen dimen on "hotogras raturned to TBI, Los Angel00.

NOTE: FOr FBI, Los Angeles

If future testimony of the FBI Laboratory expert

is needed concerting the identification set forth in this

report, it will be necessary that the expert have an opportunity

to examine the original document represented by the photograph

0e24, prior to court appearance.

It will also be necessary to

authenticate a number of the known and purported woltings of

SIRHAN .

Page

D- 880724369 AT

NW 54999 DooId: 32989522

Page

97

---

## Page 98

Laborators Transmittal Form

7-72

Mr. Shroder

Mr, Genzad

- LAB FILE

ToFBI, Atlanta

"FBI

/32 LABORATORY:A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

(43-2922)

Date:

July 26, 1968

afo over

ReLASALT

001 Los Angoles

FBI File No.

Lab. No.

62-587

D- 080726226 AT

Examination requested by:

Reference:

Examination requested:

AtlantA

Letter 9/15/88

Dooument

Remarks:

since the posteard;

028, doon not appaar to be

dirgotly enlated to the investigation beina conductad by

the biatriot Attornoy at los Angeles, copies al this report

are not beins sent to the Distriot Attorney.

Enelosuras (3) (028, 2 lab rejort)

2 = Los Angeles (56-156) Enclosures (3) (Photograph of u28, i lab Ipt

CEB:etj

(8)

ADMINISTRATIVE PAGE

• NW 54999 DocId:32989522 Page 98

---

## Page 99

_ 201b..,"

REPORT

of the

"IBI

I LABORATORY _ A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

To:[BI, Atlanta (44-2412)

Date:

FBI File No.

Re: KENSALT

Lab. No.

July 26, 1900

62-587

D- 080716120 AT

Specimens received

7/16/68

addcess "To Fedoral. Buncau of

275 Peachtroc Si.

No E. Atlanta, Goorgia," bearing various handwriting and

Result of examination:

The weiting on 128 was confared with the Anonyuous

Lotter File and with the specimens sutnitted previously

in this case without effcoting an identification.

luch of the miting on Q28 is extroncly scrawled

and partially illegible.

The following is the beot rosaible

interprotation for the writing on Q28:

POSTNARKED:

Chicago I11 7/8/68 PHI

ADDRESS:

Io Federal Bureau

of Investigation

275 Peachtrce St. I. E.

Atlanta, Georgia

IT c/o Robert Larrio - 1019 F. Dearborny

ACROSS TOP:

& UNDER

STANP

UPPER LCET:

CORNER:

Picase fortard to new address

TEl Konicide

Page 1

CEB:etj (8)

(continued on next page)

A AW 54999 DOCId: 32989522 Page 99

---

## Page 100

BODY:

What ralationship,

Ben fage, Cy Yoward,

Ernest Borzine

Ann Southern - Lucille Ball

June fa Tony De Santi

1x. Alan

iadd,

, Janes Stewart, Carol Baker,

Franein Salon, Sheldon Te

senator saron elden farah, dory rand.

Bette Davis, Jano Fonda Brisette Pardot,

Ilkin of N.Y. Steven Boydd, Steven Faqueen,

Franene Rume, Albert DeSylvia Howard Fast,

heline serce

1, Tony Porkins,

5, Yves Montand

Ingria Bergaan,

Roberta RoseellInt, Frank Sinatra.

can do ends nine be dean

, fuenolini Fastly, Lauren Bacal.

Hell Simas

SIDE

- way Firsh, bon sins.

carbara taley, rathered hepburn,

i. &. Paley

Avo taraner,

sanny Davis, Jr.

feter lawford

Mikey Rooney

Tony De Santia, Bennett Cerf,

PhyllEs Cest

Dave Carroway:

suhar.

Elane May, Bly Wilder, Audrey

i Wilder,

ceoxga Hamilton, magale Dayl,

cloria Lot

Mel ferrior, Marlen, Diatrid, torretta loun

LEFT

SIDE

(Vertical)s

RICHT

LOWER

CORNER

(Below Addrans) i

UPPER

TREASON

NROHAKIN

Postathas-

MURDER

& grand lardeny

Page 2

D- 580718126 AT

(continued on next page)

NW 54999 DocId: 32989522 Page 100

---

## Page 101

028 1s raturned herewith to FBI, Atlanta.

À

photograph of Q28 is being fornarded to FBI, Los Angales.

Copies are retained.

Page 3...

2) - 630716126 AT

NW 54999

DocId: 32989522

Page 101

---

## Page 102

-a-ja (Rev. 4-17-67):

REPORT

of the

-EBT

LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

To:

Mr. Evelle J. Younger

District Attorney

600 Hall of Justice

Los Angoles, California

- 90012

= Me

Comrad

Mr.

Schroder

1 - LAB FILE

July 24, 1908

BEGISTERED AIRMAIL

This examination has been made with the understanding that the evidence is connected with an official

Investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

to the investigation

or a subsequent criminal prosecution.

Authorization cannot be granted for the use of the

Laboratory report in connection with a civil proceeding.

aborove

John Edgar Hoover, Director

Re:

Assassination of

Senator Robert F. Kennady

YOUR NO.

FBI FILE NO.

LAB. NO.

52-587

D- 680719050 AT

D-600728003 AT

Examination requested by:

FBI, Los Angeles

Reference:

FBI, Sacramento

and

Letters dated 7/15/68,. 7/27/63

Examination requested:

Document

Specimens:

Specisen received 7/29/60, Iron FBI, Los Angeles

K022 Certified photocopy of California driverts license

#M238347, signed

"Sichan Bichan"

Specimen received 7/17/68, Fron FBI,

, Sacramento

Additional photocopy of $022

2 - PBt, Los Angeles (56-156) Enclosure

2, • EDI, /Sacramento (62-76)

Paga

CEB:&ls

(10)

NW. 54999 DocId:32989522 Page 102

(continued on next page)

---

## Page 103

Memorandum to Mr. DeLoach

RE: ASSIS INITION OF SENATOR

ROBEET F. FENNEDY

Il Approved, Andrew Vitale of Senator Edward i 'ennedy's

Office should be contacted by the Crime lecoras Diviston With the

exception of the four items mentioned above, this matertal should be

returned to him for whatever disposition he sees fit. It should be

diplomatically pointed out to Mr. Vitale that unless material recelved

by the Lennedy family would indicate a violation of Federal law within

FBI jurisdiction, or is of interest in connection with our inquiries into

the Senator's assanaination, it is not necessary that it be furnished the

Bureau

NW 54999

DocId: 32989522

Page 103

---

## Page 104

ferent

Mr, LeLoach

July 13, 1968

.. Rosen

ISSASSINATION OF SEN! TOR

DOLEET F. KENNEDY

LOS ANGELES, CALIFORNIA

I - MI. FeLoach

1 ~ Mr. Rosen

1 - Vr. Malley

I - Mr. Chroder

aIr. Schutz

T Mr. Curta

1 - Mr. Bowers

(Crime Records Division)

By Lotter dated July 12, 1968, John M. Carlin, a stait

member a senator Robert I, Kerady, furnished the Bureau with 2

DulLy paciages aL accumulatod wal which he advised had been sent to

Mrai Ethel Kennedy since the Senator's death Carlin indicated he had

been, instrueted to furnish this matertal by Andrey Vitale of Senator

Edward Lennedy's Office and requested that Mr. Vitale be Informed as.

to what action had bean taken.

This material has been thoroughly reviewed and contains,

for the most part, letters of condolences. In addition, there are many

communications which are unintelligible, obviously prepared by

indiviquals sultering from mental instability. One of the letters contained

a check for a contribution to a Jewish home.

One of the letters, postmarked Fittsburgh, Pennaylvania,

and signed John L. Stockwell, made numerous references to the Bibik

and contained what could be interpreted as a velled threat agalnst

politieal leaders in the United States. Three others were written in

-Spanish and I ortugese.

ACTIONE

We are translating the letters written in Cranish and

Fortugese in order to determine if they contain a threat.

Fittsburgh is being instructed to ascertain the details

relative to the corresponcent whose letter dated June ii, 1062, contained

an implied threat against folitleal leaders of the United states.

NW 54999

DocId: 32989522

CONTINUED - OVER

Page 104

---

## Page 105

Mi. Conrad

7-16-68

2. W Swartz

KENSALT

By memorandum A. rosen to DeLoach 6-12-68, it was recommended

and approved by the Director that certain procedures be followed in reporting

results of examinations by the FBI Laboratory or Identification Division in

captioned case. Reports of results of examinations of evidence submitted by

FBI field offices are to be addressed to the Los Angeles County Prosecuting

Attorney, E. J. Younger, with copies to pertinent FBI Divisions and Offices.

Administrative data and other information of special Bureau interest would

not be sent to Younger.

The attached Laboratory report relating to a voice comparison

examination contains information showing handling of evidence only.

The

questioned materials consisted of a tape recording of an unknown caller to

the Hilly Rose Radio Show, Station KNEW, Oakland, California. The known

material consisted of recordings of 8. B. Sirhan made by the Los Angeles

Police Department.

The transmittal page contains administrative data for

investigative guidance revealing that the voice of Sirhan differs in significant

characteristics from the voice of the anonymous caller to fadio Station KNEW,

and it is not likely they are the same speaker. It is, therefore, felt that

since no purpose would be served by submitting this report to the Los Angeles

County officials, the report should be sent directly to the contributor, the

Los Angeles FBI Office, in accordance with normal procedures.

ACTION:

It is recommended that the attached report be sent directly to

the FBI Los Angeles Field Office.

Enc.

1 - Mr. Mohr

1 - Mr. DeLoach

Mr.

Rosen

Mi. Conr

- Mix. swa

1 - Mr.

Harward

WEH:sh: mcc

(7)

54999 DocId:32989522 Page 105

---

## Page 106

Consider copy for District Attorney

Los Angeles County

Los Angeles, California

wiin

WW 54999 DocId: 32989522

Page 106

---

## Page 107

Result of examination!

The signature on Ko22 is too linited to be of value

for further

comperiaon with the unidentifiad questioned writing

on the spedimens aubnitted previously in this case. No

addicional conclusions were reached as a result of the examination

of the signature

on Ke??,

The certified photodopy submitted by PBI, Los Angeles,

1s baing returned to FBI, Los Angeles.

This apecimen has baen

photographed.

The photocopy submitted by FBI, Sacramento, is

being retained.

Page

2

D-660719050

AT

NW 54999 DocId: 32989522

Page 107

---

## Page 108

Taboratory Transmittal Form

TO:

FEI, Los Lageles

_AC LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Date:

1 - General Investi

gative Division

(Roon 2260)

(I1 - Mr. Conrad

HI. CHartz

- MI. Chinota

July IT, 1603

Re:

KENEAT

FBI File No.

Lab. No.

aboover

Tom to hon, ones

02-537

I-S04-35

Examination requested by:

Los lageles

Reference:

Artel 6/27/33

Examination requested:

Engineering

Remarks:

The analysis; and comparison of voicea for speaker

identification is conducted to provide investigativo guidance.

Iue to Intermittent backgrouad sounds and a pook

sigoal to noise ratio, the utterances recorded on kal were

not cultable for voice comparison purposes.

A comparicos oz

saxIand, vatormie, dessenated as bai, nas been ande.

I0 utterances differ 1s cimitleant charncteristics iron the

anonymous voice on Q07. It is not Illcly that thoy could bo

the same spealer.

NOTE:

Coordinated with the General Investigative Division.

Enclosures (C) (2 Lab report)

JES:edh

(7)

(continued cst jago)

ADMINISTRATIVE PAGE

LAW 54999 DocId: 32989522 Page 108

---

## Page 109

ALthOUgh tANIE 18 TO PIOVAN SCIENtIFIC DABLE LOI

accurately deterialag qualities such an age, aducation,

occupation, tagionsh accent, atc. on the banis of a linited

voice sample, the sollonius subjective aural InpressiOns

based on the voice quallty and Innguage usago of the unliontitied

caller, are fat forth:

The voice of the anonynous callet in that of a

mature nale, possibly between the ages at 35 to 15, Although

the thoughts which he expressed ars sonewhat disorgantzed and

vaguely stated, lt is believed that the caller 1e intolligent

and well road but probably has llttle 11 any forual education.

The accent of hla initial comment *cens to be

nonerhat aitocted "hillbilly;" but, thereafter, his accent

Can De produly CharkCIeTiIM as southrenters bnited strtes.

ils speech patteras are idionatie and do not apperr to be

containated by toreign 1niluenco.

It Is sotad that the anopynous callet, with the

exception of his Initial comment, prosounces his voids fully

without swallowing syllables ox clipping nord eadings.

particularly final (I).

Ряке

: 2

1-BО4-ХВ

NOTE:

See cover memo R. W. Swartz to Mr. Conrad

7/16/68, WEH :sh:mcc.

AW 54999 DocId: 32989522

Page

109

---

## Page 110

i*7-1b

To:

Re:

REPORT

of the

"FBI

i LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

1 - Conexal Investi

gative Division

(FOON 2260)

1 - Mr. Conrad

1 - HI. Chinota

FBI, Los Angeles

KENDALT

Lab. No.

02-587

E-304-HB

Specimens received

7/1/68

827

K20

One reel tape recording of portion of Illly Rose Elow.

Etation XNAY, Oakland, Calitorala.

One reel tape recording, number 29083, of interyler by

LOS AngelOS FOliCe DepRItNent With SIMLIAN BISHARA BIBHAN

00 6/6/68.

K21

One reel tape recording, nsaber 2908k, furnished by

tos Angeles Police Department.

Eesults of examlaation:

The K20, K21, and Q27 recordinge are being returned to

you under soparate cover vis registesed sail.

JES :sch

(7)

NW 54999 DooId: 32989522

Page 110

---

## Page 111

X..

TO

FROM

OPTIOMAL FORM NO, 10

3010-106

MAN 7R0Z COITION.

OSA GEN, REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

: Mr. DeLoach

: A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT E.

KENNEDY

LOS ANGELES, CALIFORNIA

Tolson

DeLoach

Mohr

Isishop

Casper

Callahan

Conrad.

Felt

Gale

Rosen

Sullivan

Tavel

Trotter

Tele. Room

Holmas a

1

1

1

1

DATE: July 11, 1968

137

Mr. DeLoach

NiT.

Rosen

-

MIT.

Malley

Mr. Shroder

Mr.

Schutz

-

Mr.

Mc Gowan

Ms. Bishop

- Mr.

Conrac

ift

1

Mr.

Gale

-

Mr.

Mohr

-

Mr.

Sullivan

- Mr.

Trotter

the assassination of Senator Robert F. Kennedy has been

received from the Los Angeles Office.

Previous reports

were furnished the Department on June 17 and June 21, 1968.

Major aspects of our investigation have been completed and

investigation has failed to establish the existence of a

conspiracy.

This report, which is three volumes, has a brief

synopsis, a table of contents, and an index.

It has

beem

thoroughly reviewed for accuracy and content.

In summary, this report sets forth

additional

inquiries at the gun club where Sirhan Bishara Sirhan, the

accused assailant, was seen practicing with his .22 caliber

pistol on June 4, 1968; it includes results of our searching

inquiry into his

background and the background of his family;

and likewise, sets forth results of interviews with customers

at the ammunition store where he is known to have purchased

ammunition on at least one occasion.

Investigation at the

Golden Garter Bar, Alhambra, California, where Sirhan was

alleged to have been seen during late May, 1968, is also

included in this report. Employees of the Ambassador Hotel,

the scene of the shooting, members of Kennedy's staff as

well as the press covering his victory speech in the Embassy

Room of the hotel, have been interviewed in detail. None of

these interviews lend any support to the fact that

Sirhan

was assisted by one or more fellow conspirators.

In conclusion, we included details relative to the

results of FBI Laboratory examinations of much of the physical

evidence connected with this case.

Enclosure,

HAS/ 1k

(13)

CONTINUED - OVER

NW 54999 DocId: 32989522 Page 111

---

## Page 112

MEMORANDUM TO MR. DELOACH

RS:

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

ACTION:

Administrative data is set forth on the cover

pages of the report.

It will not be disseminated. No

information is contained in the details of the report

pertaining to sources of iniormation or other contidential

matters.

If approved, the following dissemination is

recommended:

1.

Three copies to the Department; one for the

Criminal Division and one for the Civil Rights Division,

both of which have an interest, and one for Special Assis-

tant to the Attorney General William S. Lynch in accordance

with the Attorney General's request. Transmittal letter

attached for approval.

2.

Two copies to the Los Angeles prosecuting

attorney, former FBI Agent Evelle J. Younger.

One fOr

his prosecutive staff, the second for his investigative

stait.

The reports will be delivered by our LoS Angeles

Office which has suificient copies.

The Department by

letter 6/17/68 requested that copies of reports be fur-

nished Younger. Attached letter to the Department advises

of this action.

3. One copy to the United States Attorney's

Office, Los Angeles (also will be delivered. by our Los

Angeles Office). Attached letter advises the Department

that this action is being taken.

4. One copy each to Secret Service, State Depart-

ment, and Central Intelligence Agency, all of whom have an

interest in this matter (to be delivered by Bureau liaison).

-2.

NW 54999

DocId: 32989522 Page 112

---

## Page 113

","

"it"

sir. Trod Il. Vinzon, dr.

Assistani Attorney Goneral

Director, FBI

ASSASSINAZION OF

SENATOR ROBERT E. KINUEDY

LOS ANGELES, CALITORNIA

SUZy I1, 2008

1 - lic. Deloach

- Ix.

Rosen

- Iz". Malley

і доск

- Ir. Shioder

• lis. Schusz

- Eks. IcGowan

1

- Mr. Conrad

1 - Hx. Bishop

1 - liz°. Galo

1 - HI. Lions

1 - lic. sillivan

1 - Hi. Trotie

Attached for you, Assistant Attorney Ceneral

Stophen &. rollal.

Civil Rights Division, and Special

ASSISTINE SO GUE AGLODRO CORONEL MILLAN 3. LACK 15

one copy each of the report of Spocial Agent Anedea O.

chards, dr., dated July 1, 1003, at Los Angeles,

Califozasa, concorning captioned matter.

Information contained in this ropozü 23 vell

as thet io reports lugnished you of June 17 and Sune 21,

1935, complotes, dos tho most port, our anvestigation

into the major aspects of this case.

No are, on course,

continuing our isguardos into this master and results

n211 be furnished you in report form.

In accordance with the Departmant's romeat ou

било 17,

1953, COpies di this 20p02t ar0 boing furnishoo

Distries Attorney Evelle j. Younges at Los Angoles;

Calsionia, who is handling the proaccution of this case.

Ithorise, a copy is being luruished the United States

Attorney aù los Angeles, California.

Enclosure

¿ = lico Stephen i. Pollals

Assisiant Attorney General (Unclosuro).

3 - 2oe 1a1 Aaa Se Ly do tha Autorney Coloral (Backosure)

HAS/12k

(15)

NOTE

See Rosen. to DeLoach Meno, dated 7/10/6s,

captioned as above, "HAS:j15."

NW 54999 DocId: 32989522 Page 113•

---

## Page 114

Hett

;?r.

WiI. Delanch

July 3, 1888

1 - IT. LOLORCh

A. Fosen

1 . Mr. Kosen

1

DiE.

Malley

•AIr.

Shroder

Пт. Сонты

ASSASSINATION OF

kit.

1 - Mr.

sullivai

SENATOR ROBERT F. KENNEDY

• MI. Biabop

1 - MI. Trotter

LOS ANGELES, CALIFORNIA

Our Los Angelen Office reported 7-9-68 that äirtan's brother,

Saldalleh, at 4:43 1. 13. (Los Aagalos time), 7-3-68, advized local autbar-

illon in Los Angelon that be had been shot at by undentified individuais

while procesding along the Paradeas, Calltorais, Freeway. One bullet

was lound embedied ta the interior of the car, the second in lhe back seat

and they sppeared to be. 38 callber.

Faldallas, who did not appear too tortbriybt lu bio expinnations,

statod he had been attempting to lacate an unknown femalo writer in the

Walta soction When unsuccessiul, be started to retura to f'asadena by

the Frakyay, Lie noticed a white Volkawagon bus with four kiale occupante

and a 1459 Chitrolet, light grees, with two malo occupante which apparontly

were followiny bira. An he approsched the end of the Freeway, the Volks-

spagon bun pulled up to his right alde and too abota were flred. The bullete

apparently passed through the right wind vent.

Tan above inlorination was rucalved from local authoritios wio

conterapiate giving saldallah a polygraph examinattas. We have no

InfOrmAtion as to the JacO of the Resallanta. Our Los Angelos Oflico la

condueting no active inrontigation, but is maintainlag liaison with local

authorities. Wo have, ol course, offared cooperstive services of out

Laboratory and Identification Divialone.

ACTION:

This is submitted for inforusalton. l'epartment advised.

ADDENDUM: At 5:10 Los Angeles advised polygraph snows Saidallan lying

when he claimed to have jean suot at and when he claimed to ve

seeking fen ale writer. Further he was lying wien he made report to police.

HA3:hcs

(20)

NW 54999 DocId: 32989522 Page 114

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## Page 115

7-23 (Rev. 3-18-68)

FEDERAL BUREAU OF INVESTIGATIC

LABORATORY DIVISION

Director

Mc: Tolson

Mr.

DeLoach

Mr. Bishop

Mr.

Casper

Mr.

Callahan

Mr.

Conrad

Mr. Felt

Mor Gale

Fur.

"Rosen it

MX.

Sullivan

Mr. Tavel

Mr. Trotter

Mr. Beaver

Mr. Donahoe

Mr. Hyde

Miss Gandy

Miss Holmes

Mrs. Skillman

Miss Weber

Director's Office

1968

Mr. White,

Mz.

Mr. Griflath

Mr. Jevons

Mr. Swartz

Miss Gray

Miss Novotny

Mr. M.A. Jones

Mr. G.S. McMichael

_Genl. Inves. Div.,

Rm. 2260

Mail Room

Reading Room

See Me

Call Me

"Note & Return

Please Handle

Mr.

Room

Prime piness

timinh ce a

Send rial Thi

ana Ancies Lions

I. W. Conrad

Room 7621, Ext. 777

NW 54999

Docid: 32989522/nPage, 145 ke.

---

## Page 116

Laboratory Transmittal.F.orm

-72

gr

-Mr

= Conna

Mr.

Trimbach

1 - Mr. Bohn

L LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Date:

FBI, LoS

Angeles (56-156)

3

July B, 1968

KENSALT

Re: ANONYMOUS LETTER. PERTAINING

TO FRANK QUARTUCCI

00: Los. Angeles

aborove

John Edgar Hoover, Director

FBI File No.

Lab: No.

62-587

D-680627078 AT

Examination requested by:

Reference:

Examination requested:

Remarks:

Bureau

Bureau airted to Los Angeles 6/24/68

Document: - Fingerprint

Results of the fingerprint examination of Q25 and

Q26

are being furnished separately.

It was found that the handriting on Q25 and Q28

is not comparable with the

Known handwriting specimens

submitted in the KENSALT case.

While an adequate comparison

could not be conducted; differences were noted in handwriting

characteristics in 025, 026, and the known handuriting in the

KENSALT case.

The detailed physical characteristics of Q25 and Q29

are being retained for future reference.

Los Angeles will include the results of the FBI

Laboratory examination in its investigative report concerning

this matter.

Me madeleM

Enclosures (2) (2 Lab report)

CEB: d1s (6)

AC MA0-062249

ADMINISTRATIVE PAGE

NW 54999 DocId: 32989522 Page 116

---

## Page 117

7-1b

REPORT

of the

I LABORATORY A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

TO: FBI, LOs Anzeles (56-156)

Date:

FBI File No.

Re: KENSALT

Lab. No.

July 3, 1908

62-587

D-080627078 AT

ANONYMOUS LETTER

PERTAINING TO FRANK QUARTUCCI

00: Los Angeles

Specimens received

6/25/83 Iron U.f. Secrat Service, lashington, D.C.

025 White onvelope bearing handurition addreos "Precedent

Johnson, White house Hachinrton, D. C.,"

postmarked

"Pekin, Ill

June 20 PM 2960

61554°

Chect of white, ruled papor bearing handwrition nascage

boginnin+ 'A nan by the

nans of Frank Quantucci. • "

and ending

.. my fanily rould be in danger"

Rosult of examination:

The questioned uritiny on 025 and 026 was conpared

with the Anonynous hotter Filc wathout effooting an icentification

with any prior submiscion. Copios are being addod thereto.

No indented writing was found on 025 and 026.

watermarks wore found in Q26, The envelope, Q25, contains

fragrents of a waternant which nay be o part of the votermark

"KRETONE" which appears inpipor sold by the sa. Kresge Coipany.

A 6i% cont U.s. postago starp thich cano frog a roll of stampo

was attached to 025.

025 and Q26 aro being rotained at the Burcau.

CEB: ₫1s

(6)

NW 54999 DocId: 32989522 Page 117

---

## Page 118

Laboratory Transmittal Form

7-72

- LABORATORY

- Mr.

Rosen

(Mr. McKinnon)

FEDERAL BUREAU OF INVESTIGATION 1 - Lab File (62-587)

WASHINGTON, D. C. 20535

1. - Mr. Bohn

To: FBI, Los Angeles (9-3881)

Date:

July 3, 1968

UNSUB; KARL UECKER - VICTIM;

SENATOR EDWARD KENNEDY - VICTIM;

CHILDREN OF ROBERT F. KENNEDY -

Re: VICTIMS ;

EXTORTION

00: Los Angeles

John Edgar Hoover, Director

FBI File No. 9-48192

Lab. No.

D-680627079 AT

Examination requested by: LOS Angeles

Reference:

Examination requested:

Remarks:

Airtel 6/20/68

Document - Fingerprint

Q1 and Q2 are being returned separately with the

results of the fingerprint examination.

A transiation of the German uniting

on Ql and Q2

was furnished to Los Angeles

with Bureau letter dated 6/25/68.

The detoiled physical characteristies of Qi and Q2 are retained.

Enclosures (2) (2 Lab report)

I - Los Angeles (56-156) Enclosure (Lab report)

1 - Bufile (62-587)

Fear i. IC: CASION

CEB: dls (9)

Manor dark0%

ADMINISTRATIVE PAGE

NW 54939 DocId: 32989522 Pagé 118: •

---

## Page 119

7-1b

REPORT

of the

"EBT

LABORATORY A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

To:

F3I. Loc Angeles

(9-3001)

Date:

FBI File No.

WIISUB ;

Lab. No.

July 3, 1908

9-40102

D-500627070 AT

Re: KARL ULCKER - VICTIM;

SENATOR EDUARD KENNEDY - VICTIN,

CHILDRCH OF ROBERT F. KEWICDY -

VICTIMS:

BAIORILON

Specimens received

6/27/68

Q1 Airmail envelope bearing hand printed addroos "TERRE KARL

UECKER

STELLVERTR. EAPFANGSCHEE HOTEL, ANIBASSADOR LOS ANGELES,,"

postnanted 'FRANKFORT AI BAIIT IG-6G0-4"

02 Whito, gray-ruled paper bearin; handwritten message in

German, borinning "Vor.. ." and ending on roverse side

'Ungelout"

Rosult of enomination:

The questionod handwritin; on Q1 and 02 was compared

with the Anonymous lettor ILlo without cfrocting an identitzcation

with any prior subnission.

Copioo aro being added thcreto.

No indented uriting on vatermarks were found in 01

and Q2.

specinen Q1 10 an airmail envolope containint lour

"DEUISGIE BUNDEPOSIE

postage utanpo. Two of the stampo aro

thirty pionni, denonination, one stunp is tventy pfennir

Specimon

princed linoe moasuring approzinatoly 0." incher anari.

nessage on l2 was writion in blue ink with a ball-point pin.

Q1 and Q2 are boint roturned separatcly. These

specimons have been photographed.

CEB: d1s

(9)

NW 54999

DocId: 32989522 Page 119

---

## Page 120

I too Conrat

1-Mr. Jevons, 7133

7/3/88

MI. Conrad

I.. H. Jevons

KENSALT

The have received from the Los Angeles Division of the

Bureau approximately 28, 000 .22 caliber cartridge cases for

comparison with a cartridge case from Sirhan Sirhan'a revolver.

Los lingeles advises that these cartridge cases were obtained

from the San Gabriel Valley Gua Club where, it is understood,

witnesses identified Sirhan as having fired the rerolver, later

identilled by the Los Angeles Police Department as being the

weapon that was used to kill senator Kennedy. All of the

previous firearms examinations in this case were conducted by

the Los Angeles Police Department.

This ezamination was probably requested to show that

Sirhan had been at the firing range and was apparently initiated

prior to the development of the eyewitnesses to this fact. Since

to examine 28,000 cartridge cases would require approximately

500 man hours and since it appears that the results would only

corroborate the eyewitnesses' testimony, the examination of the

cartridge cases would appear to be of little value to the Bureau's

case. (Persons talking to Sirhan at range already identified and interviewed.)

RECOMMENDATION:

In vlew of the previous examinations by the Los Angeles

Police Department and the disproportionate amount of time to

examine the extremely large number of cartridge cases and the

apparent limited value of the resulting Information to the Bureau's

case, it is recommended that we not conduct the examinations.

If the local authortties feel the examination would be of

value to them, we can lurn the cartridge cases over to them lor

examination.

I-Mr. Mohr

1-Mr. DeLoach

1-Mr- Fosen

raJich (0)

NW 54999

DocId: 32989522

Page 120

---

## Page 121

OPTIONAL FORM NO, 10

11919

MAY 1962 EDITION

GSA GEM. REGA. NeS. 27

UNITED STATES GOVERNMENT

Memorandum

sit Hitt

TO

:

Ht. DeLoach

FROM

: A. Rosen

1

1

1

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

DATE: July 2, 1968

-

NT.

DeLoach

RoSEn

Mr.

Mr.

Malley

Shroder

Mr.

Schutz

-

Mr.

McGowan

-

Mx.

Bishop

-Vir=-Conrad

1

Nir.

Mr.

Mr.

Mr.

Tolson

DeLoach

Mohr

Bishop

Casper

* Callahan

Conrad

Felt

Gale

Rosen

Sullivan

Tavel

Trotter

Tele. Room

Holmes

Gandy

Gale

Mohr

Sullivan

Trotter

WITNESS ADMITS FALSE TESTIMONY BEFORE

LOS ANGELES GRAND JURY

Bolinf

Vincent Thomas DePierro, a waiter at the Ambassador

Hotel who was walking next to Senator Kennedy at the time he

was shot on June 5, 1968, was afforded a polygraph examination

by the Los Angeles

Police Department on July 1, 1968.

DePierro

had previously advised that he had observed Sirban Sirhan in

the vicinity and claimed Sirhan was talking to a girl in a

polka dot dress just prior thereto. (It was determined that

this girl was not the same as the one allegedly seen by

Sandra Serrano running from the scene. Serrano subsequently

admitted under polygraph examination her information was

completely false).

DePierro testified to the above before the Los Angeles

Grand Jury but after polygraph examination admitted his infor-

mation concerning the girl in the polka, dot dress was entirely

false. He stated he lied solely to make his. story more inter-

esting to the news media and authorities.

Local authorities now indicate that DePierro's value

as a witness concerning the actual shooting has now been destroyed.

SIRHAN'S ATTORNEYS ENGAGE INVESTIGATOR

Los Angeles reports that defense attorneys for Sirhan

engaged a former Los Angeles police officer as investigator for

the defense, michael A. McCowan. According to information fur-

nished by the Los Angeles Police Department McCowan resigned

from the department in 1965 aiter being arrested by postal

inspectors on a mail theft charge.

he received a probationary

sentence and remains on probation at this time. No information

could be located in Bureau files concerning McCowan.

Enclosure.

HAS : jIS

(13) 7

CONTINUED - OVER

NW 54999 DocId: 32989522

Page 121

"*y

---

## Page 122

Memorandum to Mr. DeLoach

ASSASSINATION OF SENATOR

ROBERT E. KENNEDY

AUTHOR GEORGE PLIMPTON AND WIFE INTERVIEWED

George Plimpton, author of the novel "The Paper

Lion" which deals at length with the lives of professional

football players,

has been reported by various news media

as having been present at the shooting. . Both he and his

wife have been interviewed by Agents of our New York Office.

Mr's. Plimpton claims to have been in a position to see the

actual shooting and George Plimpton immediately after the

shooting helped subdue Sirhan.

ACTION:

Attached is a letter to the Attorney General with

copies to the Deputy Attorney General, the Criminal Divi

sion, the Civil Rights Division and Special Assistant to

the Attorney General William S. Lynch advising of DePierro's

false testimony and the fact McCowan has been engaged as an

investigator.

-2 -

NW 54999

DocId: 32989522

Page 122

---

## Page 123

The Attorney Genorel

1332 3, 2968

- Mr. DeLoach

Direetor, HBI

- hit.

Rosen

1

- Mr. Malley

1 - Hr. Shroder

ASSASSINAZION OF

SARATOE ROTEC Y. IRINSOE

LOS ANDELES, CALIFOLLA

1 - Me. Schutz

1 - Mr. Gale

1 • Mir: McGowan

1

- Mr. Mohr

1 - Mr. Bishop

- Mr. Sullivan

I = Mr. Conrad

I - Mr. Trotter

Vincant Thoras popiero, a miter at the

Achossador Hotel, provlously periood Spoeial Agents of

the 1as dad pificera of the Los Angeles Folica DopasS

no, that ho, and chaorood Sarian Blakaze Bazhen shoot

Senator Behort 1.

Koanady on June A, 1000, and Just

prior thoroto bad

noted farhan engaged in

& CONVOLE

clon vith as astanceive shite focalo attirod in e polka

Qus Los Angelos Office has sou advised that

DoRiesco was alforded & polzuraph cnamination ly Los

Ansolos, Californiz, nuthositics on Jugy 1, 3003, 201l0r

which he accattod to incornation concerning the Lenale

In the polka

dos seong uno entirely faise.

DoRiozzo isid

Local authoritios ho lied solely to sado

his story none

Sakeresting

site

news madle abd

pounce cuchoratios.

nuthoriies have adrased ous ros angeles

0az1co

• DoPiero tostilisa Before & Local Usand

suas

identisgàng Sinhan so the absolland and comented on da

Sast shts 1a

had obsorted & Ianila

23 & polla dou dress

Parting to sicior.

In thou aễ his surrent addsaiona is

to the

fraudufeat

nature of a postion on his testanosy,

Local ansboltdoo nor indicate lads value as a vitross

cooceaning the actual shooting has now boan destroyed.

30r your add1tioua3 Actorantion, ou Los Angeles

Orades reporta that defanno attantoys for Sirban have

ongaged one bachaos do

Ectount, & Sorner Los Angolas

polare oiezcar, an an invostigator for the defenas.

According to informaiden furnished by tha has Angelos

Police Departmont, Mecovas sosigued Srom the depart

went in 2505 alter having boon arrested by postal

HAS: JIs

(20)

NOTE: See Rosen to DeLoach Memo

captioned as above, 7/2/68

HAS: j1S.

NW 54999 DocId: 32989522

Page 123

---

## Page 124

The Attorney General

inspectors on a rail theft charge.

is received a pro

batloanay contence and senains ca probation as this

dus 24loa contain ao additional information

concorning Recozas.

Investigation into this rastes in conticulag.

I a The Deputy Abborney Coneral

1e 2, Frod i. Vingon, 3x.

Asatatant Attornay General

I a to Stephen 5. Polla

Assistend Attorney General

2 = Us, W12220m S. Lyoch

Spocial Assistant to the Actocney General

sio

NW 54999 DocId: 32989522

Page 124

---

## Page 125

Laboratory Transmittal Form

7-72

Mr. Bohn

ME+607436

- Mr. Rosen

(Mr. McKinnon - 5718)

(Mr.

STAB FEE 762-587)

" LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

To: FBI, Los Angeles (9-3880)

Date: June 28, 1968

UNIONT SUBJECT;

Re: SINIAN DISTARA SIPHAN -

VICTIM

EXTORTION

(00: LOS ANGELES)

Examination requested by:

Reference:

Examination requested:

Remarks:

afoover

John Edgar Hoover, Director

FBI File No.

Lab. No.

9-48193

D-680624021 AT

Los Angeles

Aintel 6/10/68

Docurent - Fingerprint

Q] through 05 ara being roturned with the reaults of

the fingerprint exanination.

It was found that the writing on Ql through 05 is not

sulliciently comparable with the known writings submitted in the

KENSALI case (Bufile 62-587), to permit adequato comparison.

However, no sinilaritics in handuriting characteristics were found

in the triting on Q1 through 05 and any of the known unitings in

the KLICALI case.

Enclosures (2) (2 Lab report)

1 - Bufile 62-587

CEB/eks (9)

ADMINISTRATIVE PAGE

NW 54999 DocId: 32989522 Page 125

---

## Page 126

NW 54999

REPORT

of the

"ABI

= LABORATORY -4

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

TO:

FBI, Los Angeles (9-3880)

Date:

June 28, 1968

FBI File No.

9-48193

Re:

UNKIONIT SUEJECT;

Lab. No.

D-68062402] AT

SIRIIAII BISHARA SIRHAN -

VICTIM

EXTORTION

Specimens received 6/24/68

QI Envelope postnarked SANTA MONICA, CA IB PM I4 JUN 1968,1

bearing

handwritten address

"Hrs+

Mary Sirhan 096 E, Howard

Street

Pasadena, Califomia"

02

Page one of accompanying handwritten letter beginning "Dear

Mary; I warn you...

lage two of accompanying handwritten letter beginning ...have

a lovely wife and..."

Q4 Page three of accompanying handwitten letter beginning "HE IS

SO BAD FOY. YOU...."

Q5 Newspaper photograph of SIRHAN BISHARA SIRAN, bearing

printed message

beginning "I'1l Shot Sirhan Bishara..."

Result of examination:

Specinone QI through Q5 were compared with the

Anonymous Letter File without effecting an identification.

Copies are being added thereto.

No watermarks were found on Ql through 04. A six-cent

U.S. postage stamp which came from a sheet of stamps was affixed

The detailed physical characteristics of Q1

through Q4 are retained for future reference.

No indented triting was found on QI and 05. The

folloving indented writing was found in the upper portion of

1s not Davis

call back

Other fragmentary indented writing, was found on Q2. This was

too indistinet to permit a determination. The letters enclosed

(continued on next page)

Fage 1

CEB/eks (9)

DocId: 3298952:

Page 126

---

## Page 127

in parentiases are alternate interpetations for the letters

adjacent thereto.

Indented iritin as found on 13. Thir irconted

"riting corrosionds to thr vicible writin; on 1i2, revealin

that i2 var critton while placed over (3.

Indented writing correspondin" to the visible

writins on 13 var found on 4, revealin+ that 03 was written

while placed over Q.

other indented writing as found in

the lover portion of f4 which does rot correspond to tho

vinible criting on 03. This uns deterrined to con iat of:

5:30 Til where

30 -

The underscored letters in the above enurerated

indented vriting reprocent Intters thick are too indiatiret

to porit a finite deterrinations.

I throuch 05 are beinr. returned separately.

There specinens hawn been photographed.

Fare 2

[-G80624021 AT

NW 54999 DocId: 32989522 Page 127

---

## Page 128

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN, REG. NO, 27

UNITED STATE

-OVERNMENT

Memorandum

Rating

TO

fir. DeLoach

]

FROM :. A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

DATE:

- bir.

- Mr.

-

hir.

Mr.

Mr.

June 27, 1968

DeLoach

Rosen

Malley

Shroder

Tribach

McGowan

- Mr.

Bishop

ir Gorad

1

Tolson

DeLoach

Mohr

Bishop

Casper

Callahan

Conrad

Felt

Gale

766=1

Rosen

Sullivan

Tavel

Trotter

Tele. Room

Holmes -

Gandy

Gale

Hit.

Sullivan

Mr.

Mohr

Mr. Trotter

PROSECUTIVE ACTION REGARDING SIRHAN BISHARA SIRHAN

Sirhan is scheduled to be arraigned and enter a

plea before à Los Angeles County Superior. Court Judge on

6/28/68.

These proceedings will be held in the chapel of the

county jail for security reasons. The Hall of Justice where

future court proceedings involving Sirhan will be conducted is

being prepared in order to effect maximum security.

The Los

Angeles County Board of Supervisors voted to authorize $20,000

for the protection of Sirhan and also the judge and jury that

will be involved in this trial. Plans call for armor-plated

court room partitions, bulletproof glass and other security

precautions.

MUNIR SIRHAN (SUBJECT'S BROTHER)

UNDERGOES POLYGRAPH EXAMINATION

During the evening of 6/25/68, Munir Sirhan, brother

of Sirhan Bishara Sirhan, was afforded a polygraph examination.

by the Los Angeles Police Department. It was conclided by the

police department that Munir was not involved in the assassina-

tion but that he did lie about the purchase of the gun. (The

gun used in the assassination was traced through several owners,

one of which, George Erhard, advised that he sold the gun to

munir Sirhan while Sirhan Sirhan was present.

Munir had denied

that he ever had ownership of this weapon).

Sirhan Sirhan was identified as purchasing ammunition

at a gun shop on 6/1/68. A salesman in this store alleged that

Sirhan was accompanied by two as yet unidentified individuals.

The polygraph examination indicated that Munir did not accompany

sirhan to this store on 6/1/68.

ACTION:

For information.

JHT Be 13)

NN 54999 DooId: 32989522 Page 128

---

## Page 129

OPTIONAL FORM NO, 10

3010-106

MAY 1962 EDITION

GSA GEN, REG. NO, 27

UNITED STATES GO

"RNMENT

Memorandum

TO

:Mr. DeLoach

FROM : A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

DATE: June 26,

1968

- Mr. DeLoach

- Mr.

Rosen

-

• Mr. Malley

- Air. Shroder

Mr.

Trimbach

McGowan

- Mr. Bishop

Mr Comrad

1

1

1

1

Tolson

DeLoach

Mohr

Bishop

Casper

Callahan .

Conrad

Felt -

Gale

Rosen

Sullivan

Tavel

Trotter

Tele. Room

Holmes -

Gandy -

Mr.

Gale

MT .

Mohr

Hx.

Sullivan

- Mr. Trotter

JOHN FAHAY'S INFORMATION REGARDING WOMAN WHO

KNEW OF ASSASSINATION NOT SUBSTANTIATED

On.6/6/68 John Fahay, a Los Angeles salesman,

claimed that the day before the assassination he met a

woman who apparently knew that Senator Kennedy would be

killed. Investigation has not substantiated any thing

that Fahay hassaid. Fahay's story briefly is as follows:

At about 9 a.m., 6/4/68, (the day before the

assassination) he met

a woman at the Ambassador Hotel

in Los Angeles.

This woman used several names but even-

tually identified herself as Gilderdine Oppenheimer.

She

indicated an urgency to get out of the country and claimed

she was being watched.

Fahay then noticed an individual

nearby that resembled

Munir Sirhan, brother of Sirhan Bishara

Sirhan.

This woman said to Fahay "They are going to take

care of Kennedy." This woman was very upset and Fahay left

the hotel with her and they drove around in Fahay's car.

Most of this time they were followed by unknown individuals.

At approximately 7:30 p.m., on 6/4/68, Fahay returned this

to the Ambassador Hotel.

-DMG

762/

Fahay has furnished his story to Fernando Faura,

a reporter for the "Hollywood Citizen - News" Newspaper,

but there is no indication that his story has been published.

Investigation has failed to verify one scintilla

of Fahay's story. Munir Sirhan was at work from 8:54 am.,

until 6:00 p.m., on 6/4/68.

No woman such as described by

Fahay has been

found to exist and employees at the hotel

do not remember Fahay being there with a woman on 6/4/68.

Fahay has been fired from past employments for fighting

and is described as being "different" and "odd"

JHT: J

(13)

CONTINUED - OVER

NN 54999

DocId: 32989522 Page 129

---

## Page 130

Memorandum to M

RE:

DeLoach

ASSASSINATIN OF SENATOR

ROBERT F. KENNEDY

All aspects of Fahay's story have been checked

with negative results.

ATTEMPTED INTERVIEW WITH ETHEL KENNEDY

Deputy Chief Robert Houghton, Los Angeles Police

Department, advised that in connection with his recent trip

to the East Coast to interview witnesses in this case his

group was unable to interview Ethel Kennedy. Departmental

Attorney WilliamS. Lynch advised us earlier that he had

been in contact with Houghton and was attempting to arrange

for the Los Angeles Police Department to interview

urs. Ethel Kennedy.

WITNESSES TO SHOOTING

Richara C. Lubic, President, Color Corporation of

America, Los Angeles,,

advised he was standing right next to

Senator Kennedy when he heard an unidentified voice say

"Kennedy you SOB" and then he heard two shots. Lubic saw

an individual with a gun and he later recognized photograph

of Sirhan as being identical with the assailant.

ACTION:

For information.

2

-

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Page 130

---

## Page 131

To:

7-1a (Rev. 4-17-67)

REPORT

of the

"EBT

Li: LABORATORY A:

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Mr. Evelle J. YOunTaI

Distriat Attorney

600 liall of Justice

Los Angeles, California

90017

Mr. Conrad

- Mr. Rosen

(Mr.

Shroder)

1 - Mr. Griffith

1 - LAB FILE

June 26, 1968

REGISTURLE AIRMAIL

This examination has been made with the understanding that the evidence is connected with an official

investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

to the investigation or a subsequent criminal prosecution.

Authorization cannot be granted for the use of the

Laboratory report in connection with a civil proceeding.

ato over

Re:

John Edgar Hoover, Director

Ansenaination of

senator Robert I.

Kennedy

YOUR NO.

FBI FILE NO.

LAB. NO.

62-587

D- 080624022 AT

I. 880624023 AT

Examination requested by:

FEI. LOS Angeles

Reference:

Latters dated 6/20/88

Examination

requested:

Specimens:

Docusent

recalved 6/22/68, STOS FAI, LOs Anales

photocopies of the shootini soatar of the san Gabrial

Vallay Cun Club, Duarto, California, for 611/68 through

8/4/68, bearing on sacond pago the signature sirhen sirhan

Regiator of the josierician Order, bearing on Iine 6 the

"Sirhan Sirhan

Pago I

(continued on naxt page)

2 - TBI, LOs AngelaS (58-156) - Inclosures (2)

CEB/eks (9)

NW 54999 DocId: 32989522 Page 131

---

## Page 132

Result of examination:

The writing on the photocopy, pe24, is too indistinet

for adequate. comparinon of the

"Girhan

Cárhan

signature and

addrest thercon with the available writings of SIRMAN SIRHAi.

•If the original docunent for 0e24 or a clearer shotograph is

aubnitted,

a more suitable exanination can be nade.

The additional purported handuriting of SIRHAN SIRMAN,

designated

specimen K19 is too limited to permit a definite

conclusion to be reachad nother SIRHAN wrote any of the

unidentified questioned writing on the specimens submitted in

this batter.

It was found that the writing on sreciden K19

is of value as an additional handriting standard of SIRHAN.

Specimens (all and Kl9 aro being, returned to FBI,

Los Angeles. These syncimena have been photographed.

NOTE:

For FBI, Los Angeles

Los Angeles will refer to the comments of the

FBI Laboratory made previously in this matter.

Similarities

in handwriting characteristics were found in the known writing

OF SIRHAN SIRHAN and the signature and address of SIRHAN SIRHAN

on Qc24.

If the original document: or a clear photograph made

normal size (with scale exhibited) is submitted, a definite

conclusion with respect to the comparison with the writing of

SIRHAN may be reached.

Page

Đ- 880624022 AT

NW 54999* DocId: 32989522

Page 132

---

## Page 133

dix

OFTIONAL FORM NO, 1O

5010-106

но. 27

UNITED STATES GOVERNMEN:

Memorandum

TO

: Mr. DeLoach

FROM : A. Rosen

Tolson.

DeLoach

Mohr

Bishop

Casper

Callahan

Contad -

• Felt -

Gale

Rosen

Sullivan

Tavel -

Trotter

Tele. Room -

Holmes

Gandy

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

DATE: June 24, 1968

1 - Mr. DeLoach

1 - Mr. Rosen

1 - Mr. Malley

1 - Mr. Shroder

1 - Mr. Trimbach

1 - Mr. McCowan

Mr. Bishop

Mr. Comrad

1 - Mr. Gale

1 - Mr. Sullivan

1 - Mr. Mohr

1 - Mr. Trotter

SERRANO'S STORY OF GIRL IN

POLKA DOT DRESS A FABRICATION

As reported previously Sandra Serrano claimed that prior to the

shooting of Senator Robert F. Kennedy she saw a woman in a polka dot

dress and two men, one of whom she identified as Sirhan Bishara Sirhan,

enter the Ambassador Hotel. She also claimed that immediately after the

shooting this woman ran by her shouting "We shot him. We shot him."

On 6-21-68, after a polygraph examination and a lengthy interview

by the Los Angeles, California, Police Department, Miss Serrano admitted

that her story was a complete fabrication.

ALLEGED ASSOCIATE OF SIRHAN SIRHAN

AT SAN GABRIEL VALLEY GUN CLUB

NEVER SAW SIRHAN SIRHAN PREVIOUSLY

Sirhan Sirhan was identified as being at the San Gabriel Valley

Gun Club practicing with a revolver on 6-4-68, the day before the shooting.

An employee of the gun club said that Sirhan Sirhan was seen talking to a

blonde woman and it appeared the two were previously acquainted.

This blonde woman has been identified as Claudia Williams who

with her husband, Ronald, visited the gun club at the time Sirhan was there.

Mr. Williams went to the rifle range and Mrs. Williams went to the pistol

range. Claudia Williams advised she conversed with Sirhan Sirhan at the

pistol range and he assisted her in shooting. Neither Mr. nor Mrs. Williams

had met Sirhan previously.

Enclosures

JHT:hes

(13)

NW 54999

DocId: 32989522

Page 133

CONTINUED - OVER

---

## Page 134

•

Memorandum to Mr. DeLoach

Re: Assassination of Senator Robert F. Kennedy

THREATS MADE TO SIRHAN SIRHAN'S ATTORNEY

The receptionist at the office of Russell E. Parsons, Sirhan's

attorney, Los Angeles, received two telephone calls on 6-20-68 from a

person claiming to be John Lawrence of New York City. This caller

said he was executive secretary of the Clemency Committee for Sirhan

Sirhan and said that Los Angeles criminal attorneys are "crooks" and

will take Sirhan "down the river." He also said "We are out to get !

Mr. Parsons" and claimed that Parsons was being paid $150, 000 to repre-

sent Sirhan.

He said that there are 250, 000 Arabs who are militant and

are not going to let Parsons get away with it. Parsons contacted the

Los Angeles Police Department and requested protection. The police

suggested that he discuss the matter with the presiding judge, Los Angeles

County Superior Court. The presiding judge intends to hold a hearing to

determine it Parsons needs protection. The United States Attorney is

withholding a prosecutive opinion regarding a possible violation of the

Federal Extortion Statute.

MISCELLANEOUS

The autopsy report and related photographs have been completed

and are awaiting final review by the chief medical examiner after which

the report and photographs will be made available to our Los Angeles Office.

ACTION:

Attached is a letterhead memorandum for the White House, the

Vice President and the Department of Justice advising of pertinent recent

developments.

- 2-

NW 54999 DocId: 32989522

Page 134

---

## Page 135

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGION, D.C. 20535

In Reply, Please Refer 80

File No.

June 24, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

As mentioned previously, twenty-year-old Sandra Serrano

appeared on television shortly after Senator Robert F. Kennedy was shot

and claimed that immediately after the shooting a woman in a polka dot

dress ran by her shouting "We shot him. We shot him." According to

Miss Serrano, this woman had entered the Ambassador Hotel prior to the

shooting accompanied by two men, one of whom she identified as Sirhan

Bishara Sirhan. Extensive investigation has failed to substantiate her

story.

On June 21, 1968, after being afforded a polygraph examination

and an extensive interview by the Los Angeles, California, Police Depart-

ment, Miss Serrano admitted that her story was a complete fabrication.

An employee of the San Gabriel Valley Gun Club, Duarte,

California, where Sirhan Bishara Sirhan was seen practicing with a

revolver on June 4, 1968, claimed that Sirhan talked with a blonde woman

at the gun club and it appeared the two had met previously. This woman

has been identified as Mrs. Claudia Williams. She advised she was at the

gun club with her husband, Ronald, on June 4, 1968, and Sirhan assisted

her on the pistol range while her husband was at the rifle range. Neither

Mr. nor Mrs. Williams had met Sirhan previously.

The receptionist at the office of Russell E. Parsons, Sirhan's

attorney, Los Angeles, received two telephone calls on June 20, 1968,

from a person claiming to be John Lawrence of New York City.

This caller

said he was executive secretary of the Clemency Committee for Sirhan

Sirhan and that Los Angeles criminal attorneys are "Crooks" and will take

Sirhan "down the river." He also said "We are out to get Mr. Parsons" and

claimed that Parsons was being paid $150, 000 to represent sirhan. he

said that there are 250, 000 Arabs who are militant and who are not going to

let Parsons get away with it. Parsons contacted the Los Angeles Police

Department and requested protection. The police suggested that he discuss

NW 54999 DOCId: 32989522

Page 135

---

## Page 136

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

the matter with the presiding judge, Los Angeles County Superior Court.

The presiding judge intends to hold a hearing to determine if Parsons

needs protection. The United States Attorney is withholding a prosecutive

opinion regarding a possible violation of the Federal Extortion Statute.

Our investigation into the assassination of Senator Kennedy is

continuing.

-

2

NW 54999 DooId: 32989522

Page

136

---

## Page 137

7-1a (Rev, 4-17-67)

REPORT

of the

*EBT

'': LABORATORY A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

ToMr Livelle J. Youngor

District Attorney

600 Halt Of Juetloo

Los Angelas, callfurnia 90012

1 - Mr. Rosen

(Ms. Shroder)

- Mr. Griffith

- LAB FILE

June 24, 1968

REGISTLRED AIRMAIL

This examination has been made with the understanding that the evidence is connected with an official

investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

Authorization cannot be granted for the use of the

ahoover

Re:Ansassination of

Senator Robert I. Kennady

YOUR NO.

FBI FILE NO.

LAB. NO.

62-587

D- 680820082 AT

Examination requested by:

Reference:

Lottar dated 6/18/68

Examination requested:

Documerit

Specimens:Tacalved 8/20/68, frOM FBI, LOS Angelas

KZ8

turroughs corporation Imploysent Application dated

11/7/67, bearing handprinting and siznatura

"Sirhan Sirhan

Result of exandration:

In addition to the conclusions raported previourly in

this mattor, the conclusion was reached that the hand irinted

nare and hand printed addreas of SIRHAN SIRAN in the lower

portion of page a9 of epecimen it nate written Dy SIRHAN ISliARA SIRAN

whose wiltings and uhose purported uritings appear on specimans

Xl through K3, KA, K9, KIM, KI6 and *18.

Fazo 1

(continued on next pago)

2 - FBI, LOR AngeleS (56-156) Inclonure

CEB/eks (9)

MW 54999 DooId: 32989522 Page 137

---

## Page 138

The writing on Kla is not sufficiently comparable

with the remaining unidentified questioned uniting on the

spacimens submitted previously in this matter for the purpose

of determining whether, SIRHAN BISHARA SIRHAN wrote any of the

remainine unidentified questioned writing.

Specimen K18 is being returned to FBI, Los Angeles.

This specimen has been photographed.

NOTE: For FBI, Los Angeles

The writing on specimen K18 is of value as an

additional known standard of writing of SIRHAN, and KlE

must de established as a handwriting standard, if future

testimony of the fil laboratory expert is needed concerning

the identification of the handprinting on page 49 of specimen

QI, as

set forth in this Laboratory report.

Page 2

D-680520061 AT

NN 54999

DocId: 32909522

Page 138

---

## Page 139

AY 1962 EDITION

SA GEN, REG. NO. 2

UNITED STATES GAVERNMENT

Mèmorandum

TO

: Mr. DeLoach

FROM : A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT E

KENNEDY

LOS ANGELES, CALIFORNIA

DATE: June 21, 1968

1 - Hir. DeLO2Ch

- Mr. Rosen

- Mr.

Malley

-

hr.

Shroder

1-

• Hr. Schutz

1 - Mi. McGowan

• віг.

Bishop

-Ar-torrad

Tolson

DeLoach

Mohr

Bishop

Casper

Callahan

Conrad -

Felt -

Gale

Rosen.

Sullivan.

Tavel

Trotter

Tele. Room

1-

DinS

Holmes -

132) Candy

Mr. Gale

1=

dr. Sullivan

1 - Mr. Mohr

1 - Hr. Trotter

A second report totaling 618 pages has been received

irom the Los Angeles Office setting jorth additional investiga-

tion relative to our inquiry into the assassination of Senator

Robert . Kennedy. The initial report was furnished to the

Department on June 17, 1968.

The second report, which is two volumes, has a brief

• synopsis, a table oi contents, and an index.

thoroughly reviewed for accuracy and content.

SUMMARY OF INFORMATION SET FORTH IN REPORT:

The initial report set forth results of our imnediate

inquiries into the situation at the Ambassador Hotel where

Senator Kennedy was shot at 12:15 a.m., 6/5/68. The secono

report goes into further details in connection with this

Investigation.

Central Receiving Hospital where Kennedy was taken prior to

being transferred to the Good Samaritan Hospital where un-

successiul surgery was performed.

A complete list of employees at the Ambassador Hotel,

the site of the shooting, has been obtained.

These individuals

have been interviewed in detail relative to their observations

prior to, during, and immediately following the shooting. Addi-

tional witnesses were located who identified Sirhan Bishara

Sirhan as being in the area immediately prior to the shooting

and some are in a position to positively identily him as the

assailant.

We likewise have interviewed individuals attached to

Senator Kennedy's party and members of the press who were in

the arez of the shooting.

Professional football player Roosevelt

Grier was interviewed in detal for his part in helping to disarn

and subdue Sirhan. Grier did not view the actual shooting.

Enclosure

(13)

CONTINUED - OVER

NW 54999 DocId: 32989522 Page 139

---

## Page 140

Kemorandun to

Ir. DeLoach

PE:

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

Detailed photographs are included in this report

showing the results of the crime scene search in the area,

the positions of Senator Kennedy and other individuals who

were wounded in the assault, the direction of the bullets

and the position of Sirhan at the time he

initiated the

attack.

Extensive investigation at the San Gabriel Valley

Gun Club is set forth.

It was learned earlier in our inves

tigation that Sirhan had been identified as practicing with

information to the effect that Sirhan was seen taking to an

attractive blonde woman.

It was indicated by this witness

that Sirhan was

previously acquainted with this woman.

A

complete list of

individuals firing at the range on June 4,

Likewise we have interviewed in detail individuals employed

at the range in an effort to pin down this aspact of our in-

vestigation.

(Los Angeles has advised today that the blonde

woman has been identified and interviewed and she has no con-

nection with Sirhan as indicated by the one witness.

This is

being pursued further in order to establish the complete facts.)

Extensive investigation has been conducted into the

background of Sirhan Bishara Sirhan. We have interviewed elemen

tary and high school teachers as well as former employees and

individuals associated with him when he was employed as a gas

station attendant and a race horse exercising boy.

Neighbors

and other associates have likewise been interviewed. The majority

of these individuals express shock at Sirhats becoming involved in

the shooting of Senator Kennedy although it is apparent from

these inquiries that sirhan has, over a period of years, exhibited

very strong nationalistic sympathies toward the Arab nations and

has apparently been frustrated by his inability to "get rich

quick."

Investigation in the neighborhood of the Sirhan home,

696 East Howard Street, Pasadena, indicates that the family kept

not associate with their neighbors.

Back-

ground information concerning the other brothers indicates Munir,

date of birth 7/15/47, has had numerous brushes with the police

authorities as a juvenile in the Pasadena area culminating with

a 1966 arrest for possession of marijuana.

Saidallah, date of

birth 7/4/32, has had two drunk driving convictions and Sharif,

date of birth 6/7/33, was charged with attempted murder (later

disnissed in lieu of

psychiatric treatment) in 1963 in connec

tion with an altercation with a former girl friend who rejected

him. •

- 2 -

CONTINUED - OVER

NW 54999 DocId: 32989522

Page

140

---

## Page 141

Lenorandum to

Mr. DeLoach

RE:

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

Considerable investigation is shown in connection

with our inquiries concerning the girl in the polka dot dress

who was alleged to have fled the scene shortly after the shoot

ing shouting "'e shot him - He shot him." A second witness

claims to have seen a woman in a polka dot dress talking with

Sirhan just prior to the shooting. Interviews with these

witnesses definitely show that the dresses worn by these women

are not alike. Extensive interviews were conducted with indi

viduals in the area where these witnesses allegedly saw the

girl in the polka dot dress.

No witnesses have been located

who substantiated

their statements.

ACTION:

Administrative datais set forth on the cover pages

of the report.

It will not be disseminated. No information

is contained

in the details of the report pertaining to sources

of information or other confidential matters. If approved, the

following dissemination is recommendeds

1. Three copies to the Dapartment; one for the

Criminal Division and one for the Civil Rights Division,

both

of which have an interest and one for Special Assistant to

the Attorney General William S. Lynch in accordance with the

Attorney General's request.

Transmittal

letter attached for

approval.

2.

Two copies to the los Angeles prosecuting attor-

ney, former FBI Agent Evelle J. Younger.

One

for his prosecu-

tive stali, the second for his investigative stall.

The reports

wial be delivered by our Los angeles oiiice which nas suificient

copies.

The Department by letter 6/17/68 requested that copies

of reports be furnished Younger. Attached letter to the Dapart-

ment advises of this action.

3.

One copy to the United States Attorney's Office

Los Angeles (also will be delivered by our Los Angeles Office).

Attached letter advises the Department that this action is

being taken.

4.

One copy each to Secret Service, State Department,

and central Intelligence Agency, all of whom have an interest in

this matter (to de delivered by Bureau liaison) e

- 3-

ps

NW 54999 DocId: 32989522 Page 141

---

## Page 142

1r. Fred 1. Vinson, Jr.

Assistant Attorney General

Director, FBI

June 21, 1958

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

1 - Mr. DeLeach

1 - Mr. Rosen

1 - Mr. Malley

- Mr.

Shroder

1

Mr.

Schutz

- Mr. McGowan

1 - Mr. Bishop

l - Mir. Conrad

1 - Mr. Gale

¿ = HI. sullivan

1 - Mr. Mohr

1 - Mr. Trotter

Attacked for you, Assistant Attornay General

Stephen J. Pollai, Civil Rights Division, and Special

ASSISEDE tO inS AttOrney ConeraL 1311321 5. 47003 15

one copy each of the report of Special Agent Anedee 0.

Richards, Ji., dated June 15, 1968, at Los Angeles,

California, concorning captioned matter.

This supplements our firat investigative report

addational

nished you.

In accordance with the

01. JULE 11,

1968,

coples of this report are leing fur

nished District Attorney Ivelle J. Younger at Los Angeles,

California, who is handling the prosecution of this case.

Ilkewise, a copy is being furnished the United States

at Los Angeles, Calitornia.

Enclosura

1 - Hi. Stephen J. Pollak

Assistant Attorney Coneral (Enclosuro)

L. - Mr. William 3. Lynch (Inclosure)

Special Assistant to the Attorney General

HAS: jIs

(15)

NOTE:

See Rosen to DeLoach Memo, dated 6/21/68, captioned

as above, HAS: j15.

-

NW 54999 DocId: 32989522 Page 142

---

## Page 143

OPTIONAL FORM NO, 10

5010-106

MAY 1RG2 EDITION

GSA GIN- XIE. NO 37

UNITED STATES GOVERNMENT

Memorandum

at for

TO

:

Mr. DeLoach

DATE: June 21,

1968

1 - Mr. DeLoach

FROM : A. Rosen

1 - Mir. Rosen

1 - Mr. Malley

1 - Mr. Shroder

SUBJECT: ASSASSINATION OF

1 - Mr. Schutz

SENATOR ROBERT F. KENNEDY

1 - Mr. McGowan

1 - Mr. Bishop

1 - Mr. Gale

1 - Mr. Mohr

1 - Mr. Sullivan

1 - Mr. Trotter

" four

3 in

Soder

Trin. 1095

Histres

The Attorney General (AG) in a communication dated 6/19/68,

advises of the fact that Vir. William S. Lynch has been designated as

Special Assistant to the AG responsible for collecting and correlating

information relative to our investigation of the assassination of

Senator Robert F. Kennedy. He requested that copies of ali reports,

airtels, memoranda, etc., be delivered promptly to Mr. Lynch.

We have since the inception of our investigation prepared memo-

randa reflecting the results of pertinent investigation which were furnished

in turn to the AG, the Deputy Attorney General, and Assistant Attorneys

General of the Criminal and Civil Rights Divisions of the Department.

In

addition, we furnished the Department copies of our first investigative

report.

In response to the AG's request, we have delivered a complete

set of all memoranda and a report previously furnished other Department

officials to Mr. Lynch, 6/21/68.

We have, of course, many airtels, letters, teletypes, and

memoranda in our files which contain lead material, identification of

sources of information, and extraneous administrative data. Consequently,

copies of airtels, teletypes, etc., will not be furnished to Mr. Lynch but

we will continue to extract the pertinent information therefrom which will

be furnished to the Department in memorandum or report form.

ACTION: There is attached for approval a letter to the AG with copie: to

te Deputy Attorney General, Assistant Attorneys General of the Criminal

and Civil Rights Divisions and Special Assistant to the AG Lynch advising

of the fact that a complete set of all material pertinent to this investigation

nas üeen furnished Mr. Lynch.

Esclosure

• HAS:erg

(13)

CONTINUED - OVER

NN 54999

DocId: 32989522

Page

143

---

## Page 144

Memorandum to Mr. DeLoach

RE: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

In addition, we advise that in the future copies of all pertinent

material will be forwarded to Mr. Lynch as well as the Assistant Attorneys

General in the Criminal and Civil Rights Divisions.

i...t..

- 2

NW 54999 DocId: 32989522

Page

• 144

---

## Page 145

Director

Federal Bureau of Investigation

The Attorney General

Assassination of Robert F. Kennedy

In addition to his other duties, William S. Lynch,

Deputy Chief, Organized Crime and Racketeering Section of the

Criminal Division, has been designated Special Assistant to the

Attorney Ceneral.

In this capacity Mir. Lynch is responsible for

collecting and collating for me and the Deputy Attorney General

all information with respect to the above.

Accordingly, it would be appreciated if you will

deliver promptly to Mir. Lynch copies of all reports, memorance,

airtels, etc., relating to this matter. I would also appreciate

if you would have someone check with Mr. Lynch to be sure that

he has a full set of all such materials to date.

WW 54999 DocId: 32989522

Page 145

---

## Page 146

The Attorney General

June 21, 1505

1 - Mr. DeLoach

Director, FBI

1 - Mr.

Rosen

1 - Mr. Malley

1 - Mr. Shroder

ASSASCINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALITCRITA

1 - Mr. Schutz

1 - Mr. McGowan

- Mr. Bishop

*- Mr. Conrad

This is in reply to your communication of June 19, 1838,

wherein you indicated Mr. William S. Lynch has becn designated

as Special Assistant to the Attorney General whose responsibility

is to collect and correlate information with respect to this investi-

gation.

1 - Mr. Gale

1 - Mr. Mohr

1 - Mr. Sullivan

1 - Mr. Trotter

In the past, we have furrished copies of all pertinent

memoranda and a report to Arcictant Attorneys General of the

Crimiral Division and Civil Righte Divisions. Copies of this

material have been furnished Mir. Lynch today and in the tuburt,

copies of all pertinent material will be delivered to Mr. Lynch c

well az the Assistant Attorneys General of the Criminal and Civil

Rights Divisions.

1 - The Deputy Attorney General

1 - Mr. Fred M. Vinson, Jr.

Assiatant Attorney General

1 - Mc, Stephen J. Pollak

Ansistant Attorney General

1 - Mr. William S. Lynch

Special Aosistant to the Attcrney Ceneral.

HAS:erg

(19)

ol son:

NW 54999 DocId: 32989522 Page 146

---

## Page 147

7-10 (Rev. 9-7-60)

To:

Mr. Svelle J. Youngor

Distziot Attorney

800

Hall of Justice

Angeles;.

Californis

REPORT

of the

B

LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

- Mr. Rosen

(Mr. Shroder)

Ms Conrad

= Mr:

Griffith

1 - LAB FILE

dune 21, 1968

REGISCERED AIRMATI

90012

This examination has been made with the understanding that the evidence is connected with an official

Investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

to the investigation or a subsequent criminal prosecution...

Authorization cannot be granted for the use of the

Laboratory report in connection with a clvil proceeding.

afooier

¡John Edgar Hoover, Director

Ro: Assassination of

Senator Robert F. Kennady

YOUR NO.,

FBI FILE NO.

LAB: NO.

62-687

D-$80620036

Examination requested by:

ral, tos Angeled

Letter dated 6/14/08

Reference:

Bocument

Examination requested:

Specimens:

recoived s/18/08, from FRey Los Angeles

K37

Pasadona Public Library Card #013369, bearing handwriting

of SIRHAN B. SIRIAN

ALSO SUBMITTED$

Library fine olip in the nono "Sirhen Sinhan"

1n tho

angunt of $2.56÷

bearing otamp

date

"Ape. 7. 1936*

at betton

Result of exanination:

I$

mao found thet the writing of SIRHAN B. SINHAM on

speciaon k27 is too limited to be of value for furthes comparteon

with the unidentified questioned unitine on tha

specimone submitted

pravioualy in thin case. No amitionel conclusione were

reached

Page 1

(continued on next page)

2 - FBI, Los Angoles

(se 166) triglonurse (2)

CEB/eks (9)

NW 54999 DocId: 32989522 Page 147

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## Page 148

a result of

the present examination.

Specinen X17 and the material

described as

"ALSO

SUBMITTED" are

being returned to FBI, Los Angeles.

These

exhibite have been photographed.

Page

2

D-S80618086 AT

NW 54999 DocId: 32989522 Page 148

---

## Page 149

Laboratory Transmittal Form

- Mt. Rosen-(Mr. Shroder)

-Mr, Contad

- Mir. Griffith

1 - Lab Files

gr

To:

- LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. G. 20535

FBI, Los Angeles (66-15G)

Date: June 2u, 1908

Re:

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CAZIFORNIA

0O: Los Angeles

afoover

Examination requested by:

Reference:

Examination requested:

FBI File No.

02-587

Lab. No.

D-680017095 AT

U. S. Secret Service, Washington, D. C.

Letter 6/13/68

Document - Fingerprint

Remarks:

A separate report is being submitted concerning the

fingerprint examination. Specimens Q22 and Q23 are being

forwarded to the Los Angeles Office with the fingerprint report.

Since the submitted material, 0,22 and 023, does not appeax

to be directly related to the investigation being conducted by the

district attorney in Los Angeles, a copy of this report is not being

sent to him,

Inclosures (2) (2 Lab report)

1- Director (attachment only)

CO-2-51, 322

U. S. Secret Service

+.1118

CEB:mja (7)

=

.....

ADMINISTRATIVE PAGE

NW 54999 DocId: 32989522 Page 149

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## Page 150

7-1b

REPORT

of the

To:

I LABORATORY -A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

FEI, Los Angelea (66~150)

Date:

FBI File No.

Lab. No.

ASEASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

June 21, 1968

62-587

D-690017095 AT

Specimens received 0/17/68, from U. S. Secret Eervice, Washington, D. C.

C22 White envelope bearing handwritten address *EARE WARREN

UNITED STATES SUPREME COUNT WASHINGTON (25) D. Cui

postmarked "Can Francisco, Calif. 25 May 1968 PM"

028

Campaign litcrature folder of Sonator Robert F. Kennedy

bearing handwritten notation "Somebodyshoot tits Cathollc..,*

on front page

Result of examination:

Specimens Q22 and 023 wore compared with the Anonymous

Letter File without effecting an identification. Coples are being

acided thereto.

The handwriting on Q22 and Q25 wes compared with tho

available known handwriting of SIREAN BISHARA SIRHAN. The

wrlting of SINHAN is too limited and not sufficiently comparable

with the writing on Qaand C23 for the purpose of determining

whether SIRHAN wrote any of this writing. However, differences

In handwriting characteriatice were tound witch indicate that

SIREAN way not lave written Q22 and 623.

No watermarks or indented writing was found on the 022

envelope. Indented writing was found on CRJ. This indented writing

corresponds to the name and address on the 022 envelope, revealing

that @23 had been placed in the Cal envelope when the name and

54999

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Page 150

(continued on next page)

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## Page 151

address were written on the envelope.

hese specien e2 an i are ain teaporarily etalined.

Page 2

D-030617095 AT

NW 54999 DocId:32989522 Page 151

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## Page 152

OATIONAL FORM NO. 10

MAY 1962 EDITION

GSA GEN. REG. NO, 27

.5010-106

UNITED STATES GO

RNMENT

Memorandum

RN

TO

: Mr. DeLoach

FROM : A. Rosen

1

1

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

]

DATE:

-

Mr.

June

20, 1968

Mr.

DeLoach

ROSEn

Mr.

Nir.

Malley

Shroder

-

hir.

Schutz

hr.

McGowan

Mr. Bishop

]

hood hand

Mr Conrad

Tolson

De Loach

Mohi -

Bishop

-Casper

Callah an

Contad -

Felt

Gole

76÷

Rosen

Sullivan.

Tavel

Trotter

Tele. Room

Holmes -

Gandy

hr.

Gale

-

-

MI.

Mohr

Mr.

Sullivan

- Mr. Trotter

This is to provide a brief resume of our investigation

to date into the assassination of Senator Robert F. Kennedy at •

Los Angeles, California; to advise of the fact that our first

investigative report, totaling 1,082 pages, has been disseminated

to interested Government agencies and the prosecuting attorney in

Los Angeles, California; and to pinpoint those areas of investi-

gation that

remain.

As approved, copies of our initial investigative report

were. forwarded on 6/17/68 to the Assistant Attorneys General of

the Criminal Division and Civil Rights Division. In accordance

with the reply from the Criminal Division on the same date, we

instructed our Los Angeles Office to forward copies of this report

to Prosecuting Attorney Evelle Younger, at Los Angeles and in

addition, to the United States Attorney at Los Angeles. We also

furnished CIA, Secret Service and State Department, all of whom

have an interest in this case, a copy of this report..

Our investigation to date has established that Sirhan

Bishara Sirhan has evidenced, over a period of years, animosity

toward the State of Israel and has indicated strong nationalistic

sympathies toward the Arab states.

The scribblings and notations

Tound on material located in his room indicated he had, prior to

the actual assassination attempt, given consideration to shooting

Senator Kennedy•

There seems to be a direct tie-in between recent

pro-Israel remarks made by Kennedy and the fact that the shooting

took place on the anniversary of the war between Israel and the

Arab states.

Investigation indicates he purchased ammunition on

June 1; 1968, and participated in target practice the day before

the assassination attempt.

Although investigation has failed thus far to establish

evidence a conspiracy exists, or Sirhan acted in concert with

another, the news media

continually bring to light allegations

HAS : jls

(13)

CONTINUED - OVER

LN 54999 DocId:32989522 Page 152

---

## Page 153

;

Memorandum to Mr. DeLoach

RE:

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

conspiracy which thus far are unsubstantiated. With respect to

these rumors, we are concentrating our investigation in three

areas:

1.

The identity of the so-called girl in the polka

dot dress which stems from, thus far, unsubstantiated

and inconsistent statements made by 20-year-old

Sandra Serrano who was at least 140 feet from the

scene of the shooting but who steadfastly maintains

that she heard sounds like shots and saw a girl

running from the area in a

"We shot him--we shot him. „Polka dot dress shouting,

This witness is

scheduled to undergo a polygraph examination by

the Los Angeles Police Department 6/20/68.

An Ambassador Hotel employee has stated he

saw Sirhan standing in the kitchen area just prior

to the

shooting.

He states a white female in a polka

dot dress was standing next to Sirhan and they conversed

briefly.

This female apparently not identical to the

one Viewed by Serrano since style and color of polka

dot dresses differ.

2.

Sirhan has been identified by the wife of the owner

of the gun shop where the ammunition was bought on

June 1, 1968, as having been in the shop during

April, 1968, accompanied by two other "foreign-looking"

individuals

and the salesman in the same store alleges

that on the day Sirhan made his purchase of ammunition

(6//68), he was accompanied by two other as yet

unidentified individuals.

3. Several witnesses positively identified Sirhan as

participating in target practice at the San Gabriel

Valley Gun Club on June 4, 1968. An employee of the

club insists he overheard

a conversation between

Sirhan and an unidentified blonde girl while Sirhan

was firing there. Other witnesses indicate such a

woman. was at the scene but no one substantiates the

lact that she indicated an acquaintanceship with

Sirhan.

These three, as well as all other facets of our

investigation, are receiving exhaustive attention.

-2.

NW 54999 DooId: 32989522 Page 153

---

## Page 154

Rosen to DeLoach Memorandum

RE:

ASSASSINATION OF SENATOR

ROBERT F.

KENNEDY

ACTION:

The Department, the prosecuting attorney, the

We have kept

developments and will continue to do so.

cheat

• 3 -

: NW 54999

DocId: 32989522

Page

154

---

## Page 155

7- la (Rev. 9-7-60)

REPORT

of the

17,

Mr.

canrad

Rosen

. (Mr.

Shroder)

"FBI

1 - Mr. Griffith

-* LABORATORY

- Mr. Bohn

1 - LAB FILE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C.

Juna 20, 1968

RICISILILD ATICALL

009 1011 01 VUETIE4

¿Do ARgotos: Carltorala 90012

This examination has been made with the understanding that the evidence is connected with an official

Investigation of a eriminal matter and that the Laboratory report will be used for official purposes only, related

to the investigation

or a subsequent criminal prosecution. Authorization cannot be granted for the use of the

Laboratory report in connection with a civil proceeding.

afoover

Re:

Assessination oi

Sanator Fobart I. Jennady

Juana Edger Haover, Diractor

YOUR NO.

FBI FILE NO.

LAB. NO.

82-487

0-680614106 11

D-88062700€

D-080627087 A7

FBI. Dan Francisco,

Examination requested by: FlI, Los Ancales

Txt1478 6112/88, 8/33/88, 8113/88

Reference:

Docusent

Examination requested:

recalved 6/14/64, Iron TiL, SAn FranciscO

Specimens:

K14

Applicatíon for Rosicrucian Hanborehta bearins

purported

harduriting and hand

"AntinG of SIRHAS SIRHAN

ALSO SULMITTED:

Pamphlet antitled "Who and What aro 1h0

AoNicruelana

facts at your fingor tipe

Specieos received 6/15/L8, froK VEI, Los Angeles

1I6 Ito progras caráo, Panadora lItY icheolo, Fasadasa, Calllorila.

boarinE aSenatUres "tira, Mary sirlien

(continued on noxt paga)

Page 1

2 .TkI. San Franelico (02-5441) 11010448

2 • 181, L0В AngeloR (58-156) [nOLonureN (2)

CEB/eks (12)

NW 54999 DocId:32989522 Page 155

---

## Page 156

Spaelmen recalved 6/17/68, Iron TRI, Los Angeles

K18

Cashiara Check 1174775, drawn on Crocker Citizena natIOna.

Bank, Las Angeles.

California, datod 1112/08, Payabie

SO "SIRHAN SINNAY" in AROUNT O1 41:705.00, and endorsed

¿a nose of payee

Result of extrination:

The conaluaion was roached that SIRHAN SIBHARA SIRdAN,

Marnas in the lovas portion of page one of l4i tha hand priazes

31. 01 spacinan 011 and the English uxiting on the 1p0at ai

The Avallable voltina of SIRIAN DISHARA SIRMAN 10 100

lindead and not suffiolently comparable with the raining

questioned nancur tine on the apacisens previoualy subnitted in

this matter, for the purposo ol deteraining shether stillan Bishau

stains wrote any of the repaining questionad handuritine.

writings

Of SIRAK FISHARA SIRIAN and a number of the raxalning

questionne uritings, including certain questioned uritings on

pegas 20, 85, 39, 47,

51; and 59, al spacisan (1; pagas 123 and

124 of apacinan 13, and the velting on 08.

The sianaturas appearing on 118 ase too linited to

raxalt adequate comparison of thase signatures with the questione

unitlags.

Spacisen, K14 18 being seturned to THI, Sen Franciaoo.

Spacinens 118 and 1I6 aro bains returnad to FBI, Los Angeles.

These specisans have been photorraphed.

The panchlat dasertbed

'ALDO SUBHIETED" 10 being retalned,

NOTE: For San Francisco and Los Angeles

This confirus Bureau taletype 6/17/68, addreased to

Los Angeles.

If future testinony of the FBI laboratary export is

needed, It will do necassary to utilize as a minimus number of

known handwriting standara, the writingo on KI through KJ, K9,

KIN and K16. The Los Angeles Offlos should approppiately advise

The Plotrict Attorney, los Angeles, that these spealmene wuet be

D- 680824105 12

(see next page)

NW 54999 DocId: 32989522

Page 156

---

## Page 157

Note for San Francisco and Los Anrales (continued)

introduced and authenticated as known handwriting standards of

the subject. The only available script writing of the subject

appears on specimen K14, and this writing is absolutely essential

for the identification of the English writing on 05-I, and the

similarities pointed out with respect to other questioned writings.

§ it lo possible to obtain additional adaquate knoW

andwriting samples preparad by SIRMAN, further conclusion

may be reached.

Page 3

D-680614205 AT

NW 54999

DocId: 32989522

Page 157

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## Page 158

SY 186. 1EC NO. 2

SA SEI

UNITED STATES GOVERNMENT

Memoranaum

TO

: Mr. DeLoach

FROM : A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Tolson

DeLoach.

Mohr -

Bishop

Casper

Callahan

Conrad

Felt

Gale

DATE:

June 19, 1968

Rosen

1

Sullivan

- Nr. DeLoach

Tavel -

Trotter -

1

ROSEn

Tele. Room

1

]

- Mr.

Malley

Holmes -

Gandy

1

Mr.

Shroder

Vir. Schutz

1

- Hir. McGowan

1

- Mr. Bishop

-Mr Gonnad

1 - Mr. Gale

1

- Mr. Sullivan

1

- Mr. Mohr

- Mr. Trotter

The following concerns most recent developments

in connection with our investigation into the assassinationak

of Senator Robert F. Kennedy.

1621

JFK Act 6 (1) (B)

Our Los Angeles Office reports that a check of

the Selective Service Headquarters records for the State of

Calitornia shows no registration for Sirhan Sirhan or his

brothers Saidallah Sirhan and Munir Sirhan. The remaining

brothers Sharif

and Adel Sirhan are both registered with

local board 91,

Pasadena, California.

Our Los Angeles Office in noting the failure to

register on the part of Saidallah and Munir Sirhan advised

that all four brothers have apparently been cooperative and

have readily furnished background information relative to

the activities of Sirhan Sirhan. Los Angeles was of the

opinion that to pursue the Selective Service aspect insofar

as Saidallah and Munir are concerned at this time could

possibly adversely affect their cooperative spirit which

has existed thus far.

ACTION:

In view of the above there is attached for approval,

Enclosure

HAS : IS

(13)

NW 54999 DocId:32989522 Page 158

CONTINUED - OVER

!

---

## Page 159

Memorandum to Mr.

DeLoach "

RS:

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

a letter to the Assistant Attorney General, Criminal Division,

pointing out what appears to be a delinquency on the part of

Saidallah and Munir Sirhan with respect to their failure to

register for the Selective Service Act of 1948 and noting the

fact that they have thus far appeared to be cooperating with

the FBI and local authorities in connection with this inves-

tigation.

Accordingly,

we request the Department's advice

as to whether we should proceed further on this Selective

Service matter at this time.

-

2

NW 54999 DocId: 32989522

Page 159

---

## Page 160

:

Mr. Fred M. Vinson, Jr.

Assistant Attorney General

Director, FBI

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

1 - Mr. DeLoach

1 - Mr. Rosen

1 - Mr. Malley

1 - Mr. Shroder

1 - Mr. Schutz

1 - Mr. McGowan

June 19, 1968

1 - Mr. Bishop

1 - Mr. Mohr

Q- Mr. Conrad

1 - Mr. Gale

1 - Mr. Sullivan

1 - Mr. Trotter

In connection with our investigation into captioned matter,

our Los Angeles, California, Office has reported that records of the

Selective Service Headquarters for the State of California show no

registration for Sirhan Bishara Sirhan or his brothers Saidallah and

Munir Sirhan. The remaining brothers, Sharif and Adel Sirhai, are

both registered with Local Board 91, Pasadena, California.

Our Los Angeles Office in noting the failure to register for

the Selective Service Act on the part of Saidallah and Munir Sirhan

advised that all four brothers have apparently been cooperative with

the FBI and the Los Angeles Police Department in connection with the

investigation into the assassination of Senator Robert F. Kennedy.

They have readily furnished background information relative to the

activities of Sirhan Bishara Sirhan. According to our Los Angeles

Office, further inquiry into the Selective Service status of Saidallah

and Munir Sirhan could possibly have an adverse effect upon what

appears to be their cooperative spirit thus far.

Accordingly, the Department's advice is requested as to

whether we should proceed further with these possible Selective Service

violations at this time.

NOTE: See memorandum A. Rosen to Mr. DeLoach, captioned as above,

dated 6-19-68, HAS:jls.

HAS:hcs

(15)

NW 54999 DocId: 32989522 Page 160

---

## Page 161

Laboratory Transmittal Form

7-72

To:

"IBI

- LABORATORY-A

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Date:

1 - LAB FILE

1

= Mr. Rosen

(Mr.

Shroder)

Hr. Conrad

FLI, Los Angeles (56-150)

June 19, 1566

aboover

Re:

KONSALT

FBI File No.

Lab. No.

62-587

D- 600613010 AT

Examination requested by:

Reference:

Examination requested:

Remarks)

Los Angules

Airtel 6/11/68

Locucut - ringerprint

i gento tho ta one in being eumed topare with,

Copies of this repont are not being furnished io the

by the viatric Attorney, Los ingeles.

InClOsurea (2) 62 Lib, repord)

CEB: pb (6)

ADMINISTRATIVE PAGE

NW 54999 DocId: 32989522 Page 161

---

## Page 162

7-1b

REPORT

of the

s. LABORATORY -

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. G. 20535

To: IDI, Los Angelos (56-156)

Date:

FBI File No.

Re:

KCISALT

Lab. No.

June 13, 1368

62-507

D-600613010 AT

Specimens received

6/13/63

QIO

QIS

Envelope postnarked "EELLEVUE, PA. JUN S PM I9G0,'

bea ing top catten address "HAACP latto Scetion

Acconpanying piece of paper bearing typewritten ressage

beginning

• "Kennouy as an attorncy gencral..."

Invelope postnarked "PITTSBURGE, PA. 4D

-PE 31 MAY 1968,"

bearing typewritten addross "Diractor, WAACP Waits Section

Los Angeles, Calif."

Accompanying piece of papor bearing typerritten pessage

beginning

• "KINDLY SEE MINT..."

020

".

Result of chamination:

The typowriting on Q17 through Q20 corresponds to the

standard for International Business llachincs (IBM) pica style

type having a horizontal alignment of ton letters to the inch.

Q17 through Q19 bear black ribbon imprescions and 920 bears

orange ribbon inpressions.

The notation "AIR HAIL," written in

blue ball-foint int, appears on onvelope Q19.

the questioned specinong were compared with che

Anonynous Lottor Ille without effecting an identification with

any prion subnissions. Copies are being added therato.

No significant indented writing van found on piT through

Q20. No vatorarks vero found in Q17, Q19 and 020. R18 contains

a vary fraguontary vaterrari consisting of a design and coveral

lettero.

This watcrark may be a part of a watomark "Old Council

Trec" which waternarl: has been used by the liconah Papor Division,

Page 1

CEB:pb (6)

(continued on next page)

NW 54999 DooId: 32989522 Page 162

---

## Page 163

Kinberly Clark Corporation, Neenah, Wisconsin

52957.

the detailed physical characteristics of Q1i througi 220

are retained.

Q17 through 020 are being returned separately.

These specinens have been photographed..

Page 2

D 680613010 AT

NW 54999 DocId:32989522 Page 163

---

## Page 164

To:

7-1a (Rev. 4-17-67)

REPORT

of the

LABORATORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Fr. Evetle J. Younger

District Attornay

500 Mall of Justice

Los Angalos, Calliornia

80022

1 - Mr. Rosen

(Mr. Shroder)

- Mr. Griffith

1 - LAB FILE

June 19, 1008

Regiotered Airoa4)

This examination has been made with the understanding that the evidence is connected with an official

investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

to the 'investigation' or a

subsequent

criminal prosecution.

Authorization cannot be granted for the use of the

Laboratory report in connection with a civil proceeding.

an altoo

John Edgar Hoover, Director

Re:

Assasaination of

Ecnator Robert f. Konnody

YOUR NO.

FBI FILE NO.

62-507

LAB. NO.

D-000633003

Examination requested by:

FBI, Los Angelos

Reference:

Lotter 6/21/68

Examination requested:

Document

Specimens:

revolved 6/13/68 from, FBI, Los Angeles

Four Pacadena, Californio,

Police

i Departnent handuriting

specinen oards for the 101lowng Dercons:

SPECIMEN

NAME

10L O

ADEL BISHARA SIRKAN

KI1

122.

SAIDALIAN E. SIRHAN

SHARIE D. SIRMAB

K23

MURIA DISHARA SIRMAN

2 - FDI, Los Angeles (58-150) Enolosures (4)

Page 1

CEB:ctj (8)

(continued on noxt page)

NW 54999 DocId: 32989522 Page 164

---

## Page 165

Result of examination:

The conolusion was reached that the majority

of the queationed writinas on pages fiftoon and forty--

seven of notebook l1 vere not writton by EnIDALLAi E. SIstAN,

by SHARIF B. SIRHAN, K123 or by MUMIR BISHAHA SIKHAN,

While the witinge on kil thraugh 1l3 are too linited

and not sutficiently con arable for adequate confarison witi:

other questioned writings on the speciens subnitted pre-

viously in this case, hony differorces in handiriting charac-

teristios were lound.

Due to the limited nature of the writing on x10

and due to & lack of couparable handwritini, the writina of

ADEL BISLARA SIRHAN, X1D, could not be adequately compared

with the questioned writings, some differences were found

in the writing on 110 and the questioned writines.

Specinens Kld through XI3 are being returned to

Fazy Lot Asgeles,

These specimens

have been photographed.

Note for Los Angeles:

This confirms Bureau teletype dated 6/14/68 to

Los Angeles.

Page 2

S- 680613068 AT

NW 54999 DocId: 32989522 Page 165

---

## Page 166

" '

OPTIONA: LOLA NO 10

3010-108

MAY 100I 1DI10N

•FISA GIMARDO.

- UNITED STATES COVERNMENT

Memoranium

TO

: Mr. DeLoach

DATE:

June 18, 1968

1 - Mr. DeLoach 1 - Mr. Bishop

1 - Mr. Rosen

1 - Mr. Mohr

FROM : A. Rosen

1 - Mr. Malley

1 - Mr. Shroder

:1 - Mr. Gale

SUBIRCT:

ASSASSINATION OF SENATOR 1 - Mr. Schutz

1 - Mr. Sullivan

ROBERT F. KENNEDY

1 - Vir. O'Keeffe 1 - Mr. Trotter

LOS ANGELES, CALIFORNIA I - Mr. McGowan

Trition

treach

'Non:

isashop

" liestion

this

frowen

Callivan

Toyed

Trotter

Maines

pons

Attached hereto for approval is a letterhead memorandum

for the White House with copies for the Vice President and the Department 16>7

setting forth current developments in our continuing investigation of the

assassination of Senator Robert F. Kennedy.

Information contained in the personal effects of Sirhan Bishara

Sirhan indicated he was interested in the Rosicrucian Order (Ancient

Mystical Order Rosae Crucis, also known as AMORC), San Jose, California.

Inquiry with officials of this order reveals Sirhan filed an application in

June, 1966, and his membership subsequently became inactive due to his

failure to pay dues. His membership was reactivated upon payment of

dues in February, 1968.

Bureau files reveal the Rosicrucian Order is philosophical

in nature with religious implications and has never been investigated y us.

Officials of this order state it is a world-wide fraternal

organization operated on a lodge system. They claim it is nonsectarian

and is not a religious order although Christian principles are adhered tó.

They state that any law abiding citizensover 21 years of age, of good : spute,

and believing in a 'Supreme Being" are eligible for membership. Members

reportedly include a cross section of all classes of people and totai word

membership is claimed at approximately 90, 000 people, of which 45. 000

are in the United States. An official of this order states it trace: its origin

to the "mystery schools or secret schools" in Egypt approximate ig 1. 10

years B.C. The order requires that each member take an oath in su, port

of his country and the country in which he lives.

The order claims ta

any member charged with commission of a felony or found guilty of at rious

breach of moral ethics is immediately cast.out.

Enclosure

Can ge

JOK:hw

(14)

# CONTINUED - OVEN

NW 54999 DocId: 32989522 Page 166

---

## Page 167

Memorandum to Mr. DeLoach

Re: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

Although Sirhan is a corresponding member, we have learned

he did attend a meeting of the Pasadena, California, chapter on the

evening of 5-28-68. We are interviewing all persons who were in

attendance at that particular meeting.

The attached letterhead memorandum sets forth detailed

information concerning this order.

Local authorities obtained a search warrant and thereafter

searched Sirhan's automobile on 6-5-68. Among other items this search

revealed a sales receipt from the Lock, Stock and Barrel gun store,

san Gabriel, California, reflecting the purchase of four boxes of . 22

caliber ammunition on 6-1-68. Interviews with the gun store owner, his

wife and the salesman who allegedly sold Sirhan the ammunition have

resulted in several inconsistent statements. We are intensifying our

investigation into this phase.

ACTION:

If approved, the attached letterhead memorandum will be

forwarded to the White House, with copies to the Vice President, the

Attorney General, the Deputy Attorney General, Assistant Attorney

General Fred M. Vinson, Jr., and Assistant Attorney General Stephen J.

Pollak.

- 2 -

i NW 54999 DocId: 32989522 Page 167

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## Page 168

UNITE

STATES DEPARTMENT OF ILLICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGION, D.C. 20535

In Reply, Please Refer to

File No.

June 18, 1968

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

The continuing investigation concerning Sirhan Bishara

Sirhan has revealed that he is a member of the Rosicrucian Order,

San Jose, California. This order is also known as the Ancient

Mystical Order Rosae Crucis (AMORC).

An official of this organization has advised that Sirhan

had a "corresponding membership" and did not attend regular

meetings.

Several members of the Pasadena, California, chapter

of this order have advised that Sirhan attended a meeting at

Pasadena, California, on the evening of May 28, 1968.

Officials of the Rosicrucian Order have advised this

is a world-wide fraternal organization operating on a lodge system.

They advised it is nonsectarian and is not a religious order although

the ethics of the order adhere to Christian principles. They further

advised that the teachings of the organization do not interfere with

religious freedom of members and only law abiding citizens over

21 years of age, of good repute, and believing in a "Supreme Being"

are eligible for membership.

Members reportedly include a cross

section of all classes of people and total world membership is

claimed at approximately 90, 000 people of which 45, 000 axe in the

United States.

This order reportedly traces its origin back to the

"mystery schools or secret schools" in Egypt approximately

1500 years B.C., and is nonpolitical in nature.

On June 5, 1968, a search of Sirhan's automobile was

conducted by the Los Angeles, California, Police Department. This

search revealed a sales receipt from the Lock, Stock and Barrel

gun store, San Gabriel, California, reflecting the purchase of four

boxes of. 22 caliber ammunition on June 1, 1968. Intensive

inquiries are continuing into this as well as all other phases of this

investigation.

NW 54999

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Page 168

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## Page 169

OPTIONAL PORM NO, 10

9010-106

MAX P6. R00, 0S. 27

OSA OEN. RED. A.

Tolson

UNITED STATES GOVERNMENT

DeLoach.

Mohi a

Memorandum

04.10

BIshop

Casper

Callahan

Conrad

Polt.

TO

: Mr. DeLoach

DATE: June

17,

1968

Gole.

Rosen

Sullivon

Centrat

Taur

1

Mr'. DeLoach'

Troller

FROM :A. Rosen

Rosen

1

-

Mr.

Malley

gran

Tele. Room

Holmes -

Gandy -

Mr.

Shroder

SUBJECT: ASSASSINATION OF

Mr. Schutz

1

-

Mr. Gale

SENATOR ROBERT F. KENNEDY

Mr.

McGowan

LOS ANGELES, CALIFORNIA

- Mr. Bishop

1

NX.

Sullivan

MI.

Mohr

Mr a Gonad

Mr. Trotter

Attached Is a memorandum setting forth

• full details

relative to the story that appeared in the London Evening Stan-

dard on June 13, 1968, to the effect that "new and startling"

information had

been reported to American officials by an uniden-

tifled Arab Government concerning Sirhan Bishara Sirhan. The

White House had previously made inquiry on June 13 concerning

"chis release and a preliminary report was furnished the White

House that date showing that the allegation had no basis in

fact.

JFK Act 6 (1) (B)

It was reported that he allegedly married one leila

that he altoget natas

East from the United States in

1964 and 1966, during the latter visit spending time in Cairo,

Egypt.

Ussef

Mikhael at Es Salt, Jordan, during another trip to the

Middle East on June 27, 1957.

Our Investigation shows this to be entirely without

foundation since we can definitely show Sirhan to have been

either gainfully employed

Furthermore, interview with

each of his brothers indicate Sirhan has not left this country

since his arrival on Fun to, 1957.

JAN, 12,

The State Department, through its Embassy in London,

contacted Kinche in an effort to pin him down relative to this

story but he refused to identify his source and seemed unimpressed,

according to the state department, by the possibility this might

be a simple case of mistaken, identity:

ACTION:

Attached for approval is & memorandum for the White

House, Vice President, and the Departrent setting forth tull

facts

relative to the incident.

HAS 1 La lo

(13)

Enclosure

!

NW 54999

.. DocId: 32989522

Page

169

1. +07

---

## Page 170

(00)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

In Reply, Please Refer 80

File No.

June 17, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

A United Press International release on June 13,

1968, indicated an unidentified Arab Government had passed

"new and startling" information to American officials rela-

tive to Sirhan Bishara Sirhan. It is reported by corres-

pondent John Kinche in the London Evening Standard that

• Sirhan

had traveled in the Middle East in 1964 for seven

months. He allegedly returned to the Middle East in 1966

spending five months

In Cairo, Egypt, before returning to

the United States in the beginning of 1967.

A Reuters dispatch

on June 13, 1968, additionally

reported that this individual's full name, according to

Kimche, was sirhan Bishara Sirhan Abu Khatar.

This indi-

vidual, according to the dispatch, was first brought to the

United

States in 1928 when he was four years old.

He was

allegedly married upon a return to the Middle East on

June 27, 1957, to Leila Ussef Mikhael at Es Salt, Jordan.

Records of the Immigration and Naturalization

Service show that Sirhan Bishara Sirhan entered the United

States on January 12, 1957. His date of birth was given

as March 19, 1944, Jerusalem, Jordan.

Investigation by our Los Angeles Office reveals

Muir High School in June, 1963. Thereafter he attended

Pasadena City College until May of 1965.

Investigation reveals that during 1964

Sirhan Bishara Sirhan was attending school and employed at

two pasadena, California, service stations.

Investigation

further Indicates that during 1966 he was continuously in

the Pasadena, California, area.

NW 54999 DocId:32989522 Page 170

---

## Page 171

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

In addition, each of Sirhan's four brothers was

interviewed by Special

Agents of the Los Angeles Office of

the FBI on June 13, 1968, at which time they advised Sirhan

has never left the United States since his arrival in 1957.

They pointed out that the word Abu Khatar, meaning "is the

father of Khatar," is a term not used by Christians and that

the Sirhan family is Christian.

The Department of State has advised that it has

received no communication from any country in the Middle

East relative to the aforementioned matter.

According to

the Department of State, information was received from the

a United Press International, Israel, to the effect that

American Embassy in Tel

correspondent had reportedly

talked with Sirhan's father in Jordan who stated that to

his knowledge Sirhan never married and the other details

contained in the original story of June 13, 1968, are

• highly improbable.

According to the Department of State an attempt

was made by that agency in London to contact Jon, also known

as John, Kinche with whom this story originated.

Kimche re-

fused to identily his source but reiterated his source is

usually reliable. According to the Department of State he

seemed umimpressed by the possibility this might be a simple

case of mistaken identity.

Kimche, according to the Central Intelligence

Agency, is an able, unscrupulous free lance journalist in

London who apparently supports official Israeli Zionist

lines in his work.

JFK Act 6 (1) (C)

• .

-2-

NW 54999

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Page 171

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## Page 172

- Mr. Rosen (Mr.

Shroder)

Mr Connat

. - Mr. Griffith

- Mr.

Bohn

1 - LAB FILE

6/17/68

PLAINTEXT

TELETYPE

URGENT

TO SAC LOS ANGELES (56-155)

FROM DIRECTOR FBI (62-587)

KENSALT.

REAIRTEL FROM SAN FRANCISCO JUNE TWELVE ENCLOSING APPLICATION

OF SIRHAN SIRHAN FOR MEMBERSHIP IN ROSICRUCIAN ORDER AND LOS ANGELES

AIRTEL JUNE THIRTEEN ENCLOSING CASHIERS CHECK PAYABLE TO SIRHAN.

CONCLUDED HAND PRINTED ADDRESS IN LOWER PORTION OF PAGE ONE OF

SPECIMEN Q ONE; HAND PRINTED ADDRESS AND NAME "SIRHAN SIRHAN" IN

UPPER PORTION OF PAGE THIRTY-TWO OF SPECIMEN & ONE; AND ENGLISH

WRITING ON FRONT OF SPECIMEN Q. FIVE-F WERE WRITTEN BY SIRIAN BISHARA

SIRHAN, BASED ON COMPARISON WITH KNOWN SPECIMENS OF SIRIAN'S WRITING

FORWARDED WITH REFERENCED COMMUNICATIONS AND PREVIOUSLY FORWARDED.

CONFIRMING LABORATORY REPORT WILL SET FORTH THOSE SPECIMENS WHICH

MUST BE AUTHENTICATED AS KNOWN HANDHRITING AND HAND PRINTING STANDARDS.

AVAILABLE KNOWN WRITING OF SIRHAN IS TOO LIMITED FOR PURPOSE OF

DETERMINING WHETHER SIRHAN WROTE ANY OF REMAINING QUESTIONED WRITING.

LOS ANGELES HAS PREVIOUSLY BEEN REQUESTED TO OBTAIN ADDITIONAL KNOWN

WRITING OF SIRHAN. LABORATORY REPORT FOLLOWS.

CEB/EKS (7)

WW 54999 DocId: 32989522

Page 172

---

## Page 173

PR-I a (Rev. 4-17-678

REPORT

of the

SO LABORATORY LA

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

- Mr. Rosen (Mr.

Shroder)

be Conrad

To:

Juno 17, 1968

Registered Airmail

Diatriet Astornay

LOS MAÇOLOS, CALIfOrnIA 90012

This examination has been made with the understanding that the evidence is connected with an official

investigation of a criminal matter and that the Laboratory report will be used for official purposes only, related

to the investigation or a subsequent criminal prosecution.

Authorization cannot be granted for the use of the

Laboratory report in connection with a civil proceeding.

ahoover

Re:

John Eager Hoover, Drector

ASBAGSINATION OF

SENATOR ROULRT I. KENNEDY

YOUR NO.

FBI FILE NO.

LAB. NO.

02-887

+ 680622040 17

D-HA0012088 AT

D-880822086 AT

Examination requested by:

Tal, Los hagolas and

Reference:

Tal, San Frazaleco

taItera 817/88 230 8110/68

Examination requested:

Specimens:

recalved 8/11/48, Iron IbI, Las Asgales

ADPLICATION fOS MOANSA, CAJIIONALA HOTTA RACITO BOATE, 11094,

Gated 1/1lst, shaned "Sichas Sirhas*

1966 Alon Addroso ampart dated 2/25/66, and 1968 Allan

Addrase Heport datad 1/15/88, alinod "sirhan Sirban"

1969 Alion Adirass Haport datod 1/83/68, signad "Saddadlen a.

S15Da1*

1568 Abion Address laport datod 1/18/68, signad "Hasy jistas

1808 Allus Addresa

2 - TEl, Los Angalos

(+8-158) 4062081798(7)

2 = TAL,

sas Frangt7p0 467-8981) Inciosure

Рада 1

(continued on noxt pAge)

NICEboob Dold: 32989522 Page 173

---

## Page 174

196% Alien Aderaaz

Report dated 1/15/68, aigned "Muris 8, Sárhan"

specteen recoived fros fai, Los Angales, 4/22/58

Internation élant,

Passtena City Sahoola, Fastder*,

California,

10/20/66,

bearing

porportad handriting

hand polatina of SIRAN BISLARA

51AAM

spociuan racolved fros Pli, San Frascisco, €/12/55

Arionaut insuranes

Conmany check 1262013 dated 4/5/68, In

tha anourt of 91, 105,00, payable to sirhas Sirban, and andorsad

is sane of payea

Resalt at exeniantian:

Dus

TC

difforanoos In tine of uriting and dus to tha

linizad enount

availablo voltias of Sinden Elubara Sirhes,

definito conoluaton was not poached wisther Sirian Sishara Sirzan

Mote any of

quaationed vriting

on apeciaand subuitted

previously is this

matter.

Due to

• the liaitad anonat of writias

araliable for animinatíoo, a dafinita conclusion was not reached

whether the

writaro of ki through 17 wroto ang of the quastinose

eritire es

the

spandeens

aubaitted previeusly.

Spoolsens 1z through ki ars belax returrod to Ful.

Los Angalea.

Specises K2 is bains retunaee

to rat, 3an

Fraxcizoo,

77i806

speciaons

have besh photographed.

NOTE FOR LOS ANGELES: AND SAN FRANCISCO:

This confirms Bureau telétypes dated 6-11-68, 6-12-68,

and 6-13-68 addressed to Los Angeles in this matter.

gative guidance, similarities were noted in the writings of

For your investi-

Sirhan Bishara Sirhan and certain questioned writings.

Angeles has

been requested to obtain contemporary

writings of Sirhan containing words and letters comparable with the

questioned writing.

Efforts to obtain known writings comparable

with the questioned writing should be continued.

San Francisco requested the return of specimen K9 so that

it could be returned to the Argonaut Insurance Company.

Since K9

say become a piece of crucial evidence in this case, San Francisco

na usegretain K9 until such time as this specimen may no longer be

WW 54999 nigence.

Page 174

---

## Page 175

TIONALÓTORM NO.

5010-106

« OSA GOY, RIO, NO, 21

• UNITED STATES GOVERNMENT

Memorandum

Tol: on

Dol.oorh

Nohr -

Bishop

Casper

Callahan

Conrad

Felt -

Gale -

TO

: Mr. DeLoach

DATE: June 15, 1968

Rosen

Sullivan

1 - Mr. DeLoach

Tavel .

Trotter -

1 - Mr. Rosen

Tele. Room

FROM : A. Rosen

1 - Mr. Malley

Holmes -

Gandy

1 - Mr. Shroder

1 - Mr. Mohr

SUBJECT: ASSASSINATION OF SENATOR

1 - Mr. Schutz

1 - Mr. Gale

ROBERT F. KENNEDY

1 - Mr. McGowan

1 - Mr. Sullivan

LOS ANGELES, CALLFORNIA

- Mr. Bishop

1 - Mr. Trotter

Mr Conrad

A report totaling 1, 082 pages has been received from the Ord

Los Angeles Office setting forth results of FBI investigation through

June 9, 1968, into the assassination of Senator Robert F. Kennedy. It

Jay

contains photographs and charts depicting the area where the shooting

Kamalt

occurred, as well as photographs of Senator Kennedy immediately prior

to autopsy.

index.

The report has been thoroughly reviewed for accuracy and

content. Minor typographical corrections have been made; however,

over-all, the Los Angeles Office has done an excellent job in its prepara-

tion and has indicated a second report will be forthcoming within the next

few days.

SUMMARY OF INFORMATION SET FORTH IN REPORT:

Senator Kennedy, following victory speech at Ambassador

Hotel, Los Angeles, California, left podium at approximately 12:15 a.m.,

6-5-68. As he and a number of his staff walked toward the Colonial Room

to attend a press conference, he was shot three times in corridor leading

to hotel kitchen. One bullet entered his head in right mastoid area. Two

bullets entered under the right arm, one lodging in the neck near the spine,

the second exiting the body. Five other persons also wounded, none

critically.

Enclosure

HAS:hw

(13)

CONTINUED - OVER

NW 54999

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Page 175

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## Page 176

Memorandum to Mr. DeLoach

RE: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Witnesses to the assault have been interviewed and

several positively identified Sirhan Bishara Sirhan as the assailant.

Sirhan was subdued by two hotel employees, assisted by Roosevelt

Grier, professional football player, and Rafer Johnson, Olympic

decathlon champion.

Confusion existed immediately following shooting and

same situation prevailed at the emergency hospital where Kennedy

was first taken. He was thereafter taken to Good Samaritan Hospital

where brain surgery was performed and he expired at 1:44 a.m.,

6-6-68.

The Los Angeles Police Department has established

that the murder weapon was an eight-shot Iver Johnson . 22 caliber

revolver. All 8 cylinders in chamber contained expended cartridges.

One bullet removed from Kennedy determined to have been fired from

this revolver.

The Los Angeles Police Department furnished copy of

their initial interview with Sirhan which was taped. Sirhan repeatedly

advised of his rights by Los Angeles Police Department officers. The

interview appears to have been conducted in an appropriate manner

but it was totally unproductive and irrelevant.

No motive has been established for the killing beyond

the probative value deduced from literature which Sirhan possessed

and writings taken from his room which show he was deeply disturbed

concerning the relations between Arabs and Jews.

Considerable investigation has been conducted concerning

the background of Sirhan and his family, which consists of his mother

and four brothers, all of whom have resided in Pasadena, Calitornia,

area since they entered the United States. The father, the mother,

subject Sirhan, two brothers and a sister came to the United States in

1957. Two other brothers came to this country in 1960. Sirhan's

Sister died in 1960. Sirhan resides with his mother and three brothers

in house in Pasadena. His father currently resides in Jerusalem.

- 2 -

CONTINUED - OVER

NW 54999 DocId: 32989522

Page 176

---

## Page 177

Memorandum to Mr. De Loach

RE: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Sirhan attended Pasadena City schools, graduating from

high school in June, 1963. He entered Pasadena City College immediately

thereafter until his dismissal for poor scholastic record in May, 1965.

While attending Pasadena City College, he was employed

as a gas station attendant and subsequent to dismissal from school, he

was employed as an exercise boy for race horses and as clerk in a health

foods store.

During September, 1966, while employed as an exercise boy,

he fell off a horse, sustaining what doctors describe as minor injuries;

however, he was compensated in March, 1968, in the amount of $2, 000

for damages.

Relatives and some associates state following Sirhan's

accident there was a noticeable change in his demeanor.

Subject actually has few friends, no known girl friend and

is considered to be a "loner."

Report contains numerous references to the alleged girl

in the "polka dot dress." This refers to statements made by one

Sandra Serrano who was sitting on steps outside the Ambassador Hotel

when she heard sounds like 'backfire" and seconds later a man and a

woman ran down the stairs, the woman shouting "We shot him--We shot

him. " Serrano states that

prior to the shooting this woman and two men,

one of whom she identifies as Sirhan, entered the Ambassador Hotel via

the steps she was sitting on.

Identity of the girl in "polka dot dress" has not been

established and inconsistencies in Serrano's alleged observations are

set forth. Vigorous investigation continuing concerning this and any

other unresolved aspects of this case.

For your additional information, Sirhan was indicted on

6-7-68, on one count of murder and five counts of assault with a deadly

weapon with intent to commit murder and a hearing has been set for

6-28-68, at which time he is to enter a plea.

- 3-

CONTINUED - OVER

• NW 54999

DocId: 32989522

Page 177

---

## Page 178

- "Memorandum to Mr.

De Loach

RE: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

ACTION:

Administrative data is set forth in the cover pages of •

the report. It will not be disseminated. No information is contained

in the details of the report pertaining to sources of information or

other confidential matters. If approved, the following dissemination

is recommended:

1. Two copies to the Department; one for the Criminal

Division and the other for the Civil Rights Division, both of which

have an interest. Transmittal letter attached for approval.

2. Two copies to the Los Angeles prosecuting attorney,

former FBI Agent Evelle J. Younger. One for his prosecutive staff,

the second for his investigative staff.

These will be submitted over

the Director's signature. The reports will be delivered by our

Los Angeles Office which has sufficient copies. Attached letter to

the Department requests authority for us to disseminate this report

to District Attorney Younger.

3. One copy to the United States Attorney's Office,

Los Angeles (also will be delivered by our Los Angeles Office).

Attached letter advises the Department that this action is being

taken.

4. One copy each to Secret Service, State Department,

and Central Intelligence Agency, all of whom have an interest in this

matter (to be delivered by Bureau liaison).

-

-.-- .-

-4-

NW 54999

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## Page 179

Mr. Ered It. Vinson, J5.

Assictant Attorney General

Director, FBi

ASSASUINATION OF SENATOR

ROLENT I. KENTEDY

LOS ANGELES, CALIFORNIA

1 - Mr. De Loach

1 - Mr. Rosen

1 ~ Mr. Malley

1 - Mr. Shroder

1 - Mr. McGowan

• Mir. Bishop

Ms, Coorad

- Mx. Mohr

1 - Vir. Gale

1 - Mr. Sullivan

1 - Mr. Trotter

June 17, 1968

Attached for you and Asslatant Attorney General Stephen J.

Poliak, Civil Nights Division, is one copy each of the report of

Spocial Agent Amedee D. Richards, Ir., dated June 8, 1968, at

Ios Angalos,

California, concerning captioned matter.

This preliminary repori encompasaes investigative activity

through June 9, 1968. Additional reports will, of course, be prepared

in this matter and will be furnished to you.

As you are aware, this Eureau, as well as the Los Angeles

Police Repartment, has been conducting an investigation into the

dorth of Sonator Kennody. Local prosocutive action is bending in

Los Angeles, California,

and is being handled by District Attorney

Eville 3. Zounger. It is belioved that the resulte of our investigation

would be of material assistance to vir. Younger, and you are requested

to ravise it and when coples of these reports may be furnished to him.

A copy of this report will be furnished to the United States

Attorney, Los Angeles, Callfornia.

Inclosure

1 - Mr. Otephen J. Pollal

Assistant Attorney Ceneral (Enclocure)

HAS:hw

(15)

NOTE: See Rosen to DeLoach memorandum, dated 6-15-68,

same caption, HAS:hw.

NW 54999 DocId: 32989522 Page 179

---

## Page 180

3010-108

GSA-GEN, REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. DeLoach

FROM : A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F.

KENNEDY

LOS ANGELES, CALIFORNIA

DATE:

June 15, 1968

1 - Mr. DeLoach

- Mr. Rosen

1

1

- Mr.

Malley

Mr.

Mr.

Shruter

- Mr. McGowan

1 - Mr. Bishop

Tolson

DeLoach -

Mishr -

Bishop

Casper.

Callahan

Contad -

Felt -

Gale -

Rosen -

Sullfvan -

Tavel -

Trotter -

Tele. Room.

Holmes -

Gandy -

1 - Mr. Gale

1

- Mr. Sullivan

1

-

Mr. Mohr

1

- MI.

Trotter

In connection with

our investigation into the

shooting of Senator Kennedy at the Ambassador Hotel in

Los Angeles, California,

on the night of June 4 - 5, 1968,

• 1968,

oi interest

is the fact

that we have located and inter-

was in the kitchen area waiting for the

viewed a college student by the name of Penator to ceo te

plete his speech.

As Senator Kennedy came into view approx-

imately ten to twelve feet from him he heard several shots

then

saw the Senator lying on the floor.

Grieco imnediately

knelt by him attempting to stop the bleeding with his hand

and according to Grieco, Kennedy asked him "Is Paul all

right? Is everybody all right?" He then apparently lapsed

into unconsciousness. Grieco did not see Sirhan Bishara

Sirhan the assailant until after attempting to comfort the

Senator and after Sirhan had been restrained.

Witnesses

have been located who have positively

identified Sirhan as being in the hotel area up to three

hours before the shooting.

The most recent, Judy Marie Royar,

private secretary to former California Governor Pat BrOWn,

while not observing the shooting, has positively identilled

Sirhan as an individual she had seen at approximately 10:00

o'clock in the vicinity of the Embassy Ballroom.

Our investigation has developed several instances

wherein individuals traveling abroad in Europe and the Middle

East between May 15 - 18, 1968, heard reports from various

sources of an alleged assassination of Senator Kennedy. These

reports appear to stem from erroneous releases from Buropean

news media at about that time.

We are currently conducting

investigation to obtain full facts with respect to this situa

tion and in particular we are attempting to pin down the origin

of this story.

HAS JISIO

(13)\

CONTINUED - OVER

LAA

NW 54999

DocId: 32989522

Page 180

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## Page 181

1

ROSEN TO DELOACH MEMO

RE: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

ACTION:

Exhaustive investigation is continuing into all

phases of the assassination of Senator Kennedy and you will

be kept advised of pertinent developments as they occur.

2

NW 54999

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Page

181

---

## Page 182

MC. DeJoAch

NUre 14, 1968

it o

DeLanch

Pie ROMetA

Mallay

HiRa

Shander

ASSASSINATION UF

tx a

Bo Looke

Mex-forced

SENATOR ROBEAT I. KENNEDY

IDE ANGELES, CALIECRHIA

This la to requent laboratory axintratton of land-

NItInI aproarIne ne tannady CAmpIyA lltoratus forwarded to

1AX1 MarIas, U. 3. SapraDo Court and tuxilabad to this INtoXu

by Secret sarrica.

BACKCROUNDE

Canpalyn Iltaxaturo of sonatox Hobext I. tennedy

van salled anonjacusly to U. R. Supran Corrt Justiœ IkJ1

Harron In an envelor bolting portrack lay 76, 1961, At

San Francinco, CallIorate, Ca thin chipAten lIterAture Ap

peared inised handuritin sayias "Jousbody shoot this catholic

Bastard" and "Sonbody w1ll blon this catholle lastards load

aff."

This annoyares miltor man obtained by Secret BArPiCA

and foruarded to ths Duronu with the notution that It wä11

nat he Decorary for the oritimals to be tetuxiad to sacrat

sarrice.

ACTXOK:

It 1s xaquentad that the tal labocutory conduct

ApproprIate exanination on the attached kenzady caupalen

Ilterature to attoupt to identity the wilter and detorator

11 11 has say aigalticuace in captioned casa.

111i

(7)

'!!?

•/-*

NW 54999 DocId: 32989522

Page 182

---

## Page 183

7-13 (Rev. 3-28-68)

BI LAB

ATORY

Mr. Conrad

7621

Mr

White

7621

Downing

Annex

Jevons

7133

Griffith

7601

Swartz

7114

Mr.

Avignone

7617

Mr.

Bohn

7616

Mr. Brittain

7612

Mr. Buckley

7612

Mr. Cadigan

7334

Mr.

Collier

7607

Mr. Davies

7627

Mr.

Davis

7635

Mr.

Delaney

7633

Mr.

Devine

7613

Mr.

Farrell

7609

Mr.

Hegvold

7629

Mr.

Mr.

Herbertson 7616

Jepsen

7635

Mr.

Kittel

7609

Mr. Lilja

7614

Mr. Lisker

7334

Mr. Preston

7314

Consolidation7231

Reading Rm.

5533

Lab Files

7147

L.F.P.S.

6137 IB

Records Branch

Mail Room

Mechanical Section

B-110

Mr. Dingle

Mr. Dahlgren

Mrs. Gusack

Miss Bailey

Miss Andrykovitch

Miss Fuson

Mr. Marshall

Mr. Mesnig

Mr. Miller

Mr. Mortimer

Mr. Newbrough

Mr. Oberg

Mr. Ray

Mr. Senter

Mr. Shaneyfelt

Mr. Stangel

Mr. Thompson

Mr. Tunstall

Mr. Webb

Mr. Whitcomb

Mr. Williams

Mr. Woodcock

Voucher-Stat Sec.

Assembly Sec.

Miss Stiles

(Assembly Locate)

Correspondence Unit

Technical Sec.

In is Pray

1968

7601

7605

7143

7601

7601

7605

7630

7627

7625

7613

7627

7617

7630

7630

7336

7607

7633

7614

7336

7625

7629

7334

6221 IB

2211 IB

2210 IB

6208 IB

3201 IB

7621

Please See Me

Please Call Me

Please Handle

Please Initial

NW 54999 DocId: 32989522

Page 183

DOCUMENT SECTION

---

## Page 184

. OPTIONAL.FORM NO. 10.

5010-106

MAY 1902.EDITION

GSA GEN.

REG. NO. 27

• UNITED STATES GOVERNMENT

Memorandum

TO

:Mr. DeLoach

FROM : A. Rosen

Tolson

DeLoach.

Mohr -

Bishop

Casper

Callahan

Conrad.

Felt =

Gale -

Rosen

Sullivan,

Tavel

Trotter =

Tele. Room

Holmes: -

Gondy.

SUBJECT: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA C

DATE: June 14, 1968

1 ÷ Mr. DeLoach

1 - Mr. Rosen

1 - Mr. Malley

•1 - Mr. Mohr

'I - Mr. Shroder 1' - Mr. Gale

1 - Mr. McGowan 1 - Mr.

Sullivan

- Mr. Schutz

1. - Mx. Trotter

-MErfonzad

1 - Mr. Bishop

Deputy Attorney General Warren Christopher called with

reference to captioned matter. He said he had received a call from

Deputy Chief of Police Robert A. Houghton. Houghton is handling the

special squad for the District Attorney's Office who has been investi-

gating this matter. Our office has worked closely with the District

Attorney's Office and the local police department.

c.ap

Christopher stated that Houghton had inquired as to whether

anything could be done to accelerate submission of the reports in this

matter. I advised Christopher that I had been in touch with Departmental

Attorney Lynch of the Criminal Division and had advised him that we

were hopeful to have the report in proper shape by Monday, June 17,

1968.

Christopher said that if there were any portions which he could

read,

he would appreciate being furnished them. I advised him that

the report wouldbe submitted in tot to the Department and that we

were working ongsome exhibits which we thought would be helpful in

submission of the reports. (These are photos being reproduced

which have been made from copies previously submitted. Such photo-

copies are much more readable.)

He also inquired as to whether any information or contact

with Central Intelligence Agency would be furnished. I advised him that

any information which we had received pertinent to this investigation

would be submitted to him. If the information was furnished by CIA and

was labeled "Secret, " it would have to be handled separately. (In this

connection," I am not aware of any information which falls into this

category..) I also advised him that if the information was from a

confidential source, we would not identify the source, but would furnist

the intormation. It was pointed out that if the disclosure of the informatior

would identify the source, that it would have to be properly labeled. In

any event, the report would contain the information which was pertinent

to this case.

AR:hw

(13)

CONTINUED - OVER

NN 54999 DooId: 32989522 Page 184

tatu

---

## Page 185

Memorandum to Mr. DeLoach

RE: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

I also pointed out that it should be recognized the

report is a preliminary report and consequently cannot be

this matter can be fully resolved insofar as available informa-

tion is concerned.

Christopher thanked me and said that he was hopeful

he would be able to get the report sometime Monday. I told him

the report would be sent through appropriate channels and when

in proper form would be submitted to the Department.

ACTION:

The report is in final form. We are assembling

it and it will be ready for transmittal on Monday, June 17, 1968.

- 2

NW 54999 DocId: 32989522

Page

185

---

## Page 186

3010-106

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. DeLoach

FROM : A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

As 25

DATE: June 14,

1968

1 - Mr. DeLoach

• 1 - Mr. Rosen

1 - Mr. Malley

1 - Mr. Shroder

1 - Mr. Schutz

1 - Mr. McGowan

- Mr. Bishop

Mr. Contad

Tolson

DeLoach

Mohr .

Bishop

Casper

Callahan

Conrad

Felt -

Gale.

Rosen

Sullivan

Tavel

Trotter

'Tele. Room

Holmes

Gandy

1 - Mr. Gale

1 - Mr. Sullivan

1 - Mr. Mohr

1 - Mr. Trotter

Investigation is continuing in an effort to identify all individuals

who were at or near the scene of the shooting at the Ambassador Hotel on

the night of 6/4-5/68. We have located Rafer Johnson, Olympic champion,

who related how he assisted in subduing Sirhan immediately after the shots

were fired.. Johnson advises that as he held Sirhan in his grasp he put his

fist next to Sirhan's head and asked "Why did you do it" and repeated "Why

did you to it." Sirhan's only reply was "I'll explain it." Another witness

to the shooting identifies Sirhan as having queried him shortly before mid-

night as to the route Senator Kennedy was to take when he exited from the

stage.

Information has been received indicating Sirhan was allegedly

seen in the lobby of the Ambassador Hotel on 6/2/68 during a reception

for Senator Kennedy on that date. We are checking further into this aspect.

We are likewise making every effort to determine the full circumstances

surrounding the change in Kennedy's itinerary which took him through the

kitchen where he was shot instead of downstairs to the Ambassador Room

as originally planned.

Of note is the fact that confidential information made available

only to the FBI has been received from the Affairs Secretary of the

Governor's Office in California to the effect that a group of Arabs in

New York State have formed a committee to insure the United States Govern-

ment does not "railroad" Sirhan into prison. This group has attempted to

bring pressure on the Los Angeles Sheriff's Office through the Governor's

Office to insure that Sirhan's incoming mail is no longer screened.

The

Governor's Office in turntas advised this group that this is the responsi-

bility of the Sheriff's Office and has refused to intervene. Our Los Angeles

Office reiterated that this information was given in extreme confidence and

must not be disseminated.

Enclosures

HAS:hes

(18) 110

NW 54999 DooId: 32989522 Page 186

CONTINUED - OVER

---

## Page 187

Memorandum to Mr. DeLoach

Re: Assassination of Senator Robert F. Kennedy

With respect to the unfounded United Press International release

of 6/13/68 relative to alleged travels abroad of Sirhan in 1964 and 1966,

we know this to be completely false since Sirhan was either employed or

going to school in Pasadena, California, at the time. A preliminary report

was given the White House late in the afternoon of 6/13/68 and we are

obtaining complete facts in order to furnish the White House a detailed

refutation to this press release.

ACTION:

Attached for approval is a memorandum setting forth current

developments. This will be disseminated to the White House, the Vice

President and the Department of Justice.

= 2 -

=

NW 54999 DocId: 32989522

Page 187

---

## Page 188

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

In Reply, Please Refer to

File No.

June 14, 1968

ASSASSINATION OF

SENATOR ROBERT E. KENNEDY

LOS ANGELES, CALIFORNIA

We are continuing interviews with individuals

who were at or near the scene of the shooting at the

ambassador hotel, Los Angeles, Calitornia, during the

evening of June 4-5, 1968, I0

an effort to establish

full facts relative to the activities of Sirhan Bishara

Sirhan.

Rafer Lewis Johnson, OLympic champion who

assisted in subduing Sirhan,

advises that while he was

holding Sirhan immediately after subduing him he held

his fist to Sirhan's head and repeated the question

"Why did you do it?" The assailant's only reply to

Johnson was "I'll explain it."

Another witness, Jesus Perez, saw Sirhan,

gun in band, immediately after Senator Kennedy had

been shot.

He stated Sirhan is identical with an

individual who talked to him briefly just before

midnight June 4, 1968, inquiring as to whether Senator

Kennedy would pass their way after his speech.

Investigation indicates that the itinerary

for Senator Kennedy was modified somewhat during the

evening of June 4, 1968, due to delays in receiving

election returns. According to information received

from Senator Kennedy's Public Relations Director for

the California Campaign, the decision to take the

route directly to the Colonial Room at the Ambassador

Hotel was made on the stage immediately. after Senator

Kennedy's speech. Inquiry into this phase is continuing.

NW 54999 DOOId: 32989522

Page 188

---

## Page 189

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

A United Press International release on

June 13, 1968, indicated Sirhan Bishara Sirhan had

traveled to the Middle East during 1964 and 1966.

This information allegedly originated with an

midentified Arab state.

According to our inves-

tigation, it is completely unfounded since Sirhan

had been, during 1964 and 1966, either pursuing his

education or employed in the Pasadena, California,

area.

чл.

2

-

NW 54999 DocId: 32989522

Page

189

---

## Page 190

AFFIDAVIT

DISTRICT OF COLUMBIA) SS:

or Kinset

JAMES H. MORTIMER, being duly sworn, deposes and

says:

1. I am 42 years old and reside in Springfield,

Virginia. I attended Miami University at Oxford, Ohio and

the University of South Carolina and received a Bachelor

of Science degree at the latter in 1945. I also attended

the University of Cincinnati.

2. I am a Special Agent of the Federal Bureau of

Investigation, and am assigned to the Laboratory of the

Federal Bureau of Investigation: "i Headquarters Office

In Washington, D. C. „I have been employed by the federal

Bureau of Investigation continuously since July 21, 1952,

when I entered on duty as à Special Agent. After an

initial training period of sixteen weeks at the Washington,

D. C. Headquarters Office, I was assigned to the Pittsburgh,

Pennsylvania Division for a period of eighteen months and

then was transferred to the Washington, D. C. Field Office,

where I remained until March 16, 1959, when I was assigned

to the Laboratory. I have been employed there since then

exclusively and full-time as an examiner of questioned

documents. I received extensive training in this highly

specialized field, working originally as an apprentice

under an experienced examiner for a period of three years.

I attended. lectures delivered by experts in this field and

read the extensive. literature of the subject.

NW 54999 DocId: 32989522 Page 190

---

## Page 191

3 .

As an ejaniner of questioned documents, I have

examined and compared numerous wiitten, typed and printed

Instruments for the purposes of determining questions of

identity, authenticity, and the like. I have examined and

compared samples of handwriting in thousands of instances,

and have testified as a handwriting expert in numerous

trials in the federal and state courts.

•4. On April 10, 1968, in the due course of business

I received a sealed envelope which had been sent by registered

mail from the Memphis Division of the Federal Bureau of

Investigation. I opened the envelope

and found therein a

Registration Card labeled for the Vic Dupratt's New-Rebel

Motor Hotel, bearing the written signature "Eric S. Galt."

A photographic copy of the face of the Registration Card,

which is a true and falthful reproduction of the original,

1s attached hereto and designated, as Exhibit I. A photo

graphic copy of the back of the card, which is a true and

faithful, reproduction of the original, is attached hereto

• as xhibit II..

5: On April 22, 1968, In the due course of business,

I received a sealed envelope which had been sent by registered

mail from the Los Angeles Division of the Federal Bureau of

Investigation. I opened the envelope and found therein,

among other items, two original documents, One was a printed

form headed "APPLICATION FOR SCHOOL ADM", bearing at. the

• top and bottom the handwritten signature "Eric S. Galt."

A photographic copy of that document, which is a true and

faithful reproduction of the original, is attached hereto

NW 54999 DocId: 32989522 Page 191

---

## Page 192

as Ernibit III, The other douument was a prirted form

headed "INSTALIMENI NOTE - INTEREST EXTRA, " bearing at

the bottom the typewritten and handwritten signaturess

"Eric S. Galt" and "Tomas Reyes Lau." A photographic copy

of that document, which is a true and faithful reproduction

of the original, is attached hereto as Exhibit IV.

6. I have compared the handwritten signature "Eric S.

Galt" on the Registration Card of the New-Rebel Motel in

Memphis, Tennessee dated April 3, 1968 (a copy of which is

attached as Exhibit I) with the two handwritten signatures

"Eric S. Galt" on the application form (a copy of which is

attached as Exhibit III) and with the handwritten signature

"Eric S, Galt" on the installment note (a copy of which is

.....attached as Exhibit IV). As à result of my comparison,

It is my opinion that all four of the aforesaid handwritten

signatures "Eric S. Galt"

were written by the same person.

JAMES H. MORTIMER

Subscribed and sworn to before

;..

me this

• day of June 1968.

I hereby certify that the attached three pages comprise

the original affidavit of James H. Mortimer.

Clerk

NW 54999 DocId: 32989522 Page 192°

---

## Page 193

PLAINTEXT

1 - Mr.

Rosen

(Mx. Shroder)

= MK. Cancad

1

- Mr. Griffith

1 - Mr. Bohn

6/14/68

1 - Lab File

TELETYPE

DEFERRED

TO SAC, LOS ANGELES (56-156)

FROM DIRECTOR, FBI (62-587)

FENSALT

REURAIRTEL JUNE ELEVEN LAST SUBMITTING HANDHRITING

SAMPLES OY ADEL BISHARA SIRHAN, SAIDALIAN H, SIRHAN,

SHARIF B. SIRHAN AND MUNIR BISHARA SIRIAN.

CONCLUDED MAJORITY OF QUESTIONED WRITINIS ON PAGES

FISTIEN AND PORTYSEVEN OF NOTEBOOK & ONE WERE NOT WRITTEN BY

SAIDALLAN B. SERIAN, BY SHARIF B. SIRHAN OR MUNIR BISHARA

SIRHAN. THE WRITING OF ADELL BISHABA SIRHAN CONSISTS

PRIMARILY OF HANDKRITING MHICH IS NOI COMPARABLE WITH

QUESTIONED WRITING.

WHILE SUBMITTED KNONN WRITINGS FOR PERSONS MENTIONED

ARE NOT ADEQUATE FOR COMPARISON WITIL ALL THE QUESTIONED

WRITINGS, MANY DIFFERENCES WERE NOTED.

LABORATORY REPORT POLLOWS.

8: AW

(7)

NW 54999

DocId: 32989522 Page 193

---

## Page 194

DATONAL tO NO. 10

50t0-106

OSA GIN. REO. NO, 27

UNITED STATES GOVERNMENT

" Memorandum

Tolson

DoLouch

Mohr

Bishop

Casper

Callahan

Conrad

Felt -

Gole.

TO

: Mr. DeLoach

DATE: June 13, 1968

Rosen

Sullivan

Tavel

1 - Mr. DeLoach

*Trotter

Tele. Room

FROM : A. Rosen

1 - Mr. Rosen

fine homes.

1 - Mr. Malley

Gandy

1 - Mr. Shroder

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

1 - Mr. Schutz

Mr.

Gale

LOS ANGELES, CALIFORNIA

1 - Mr. McGowan

1 - Mr. Sullivan

Mr. Bishop

1 - Mr. Mohr

"Mr. Conrad

1 - Mr. Trotter

DInG

The attached teletype from our Los Angeles Office summarizes

1621

recent investigation into the assassination of Senator Robert F. Kennedy,

setting forth the results of interviews with former associates, employers

and witnesses to the shooting of Senator Kennedy. Roosevelt Grier, pro-

fessional football player, has been interviewed and relates his part in

helping to disarm Sirhan Bishara Sirhan. Another associate of Sirhan's

who recently conversed with Sirhan described him as extremely frustrated

..

with respect to the so-called "Zionist plots" and states Sirhan is convinced

the United States is involved in the furtherance of the Zionist goals.

With respect to Sandra Serrano, a 20-year-old girl who insists

she saw a female in a polka dot dress run from the scene of the shooting

shouting "We shot him - we shot him, " Serrano has now obtained an

attorney and will not be interviewed by authorities unless that attorney is

present. The Los Angeles Police Department does not contemplate further

interview with Serrano and considers her story of no value to this investi-

gation because of inconsistencies. The Los Angeles prosecutor's office is

of the firm opinion that investigation has failed to indicate any evidence to

support Sirhan was associated with anyone in a conspiracy.

Wilbur Littlefield, in the office of the Public Defender, Los

Angeles, has been named to represent Sirhan although press reports

indicate Sirhan desires private attorneys but cannot afford them.

ACTION:

Attached for dissemination to the White House with copies to the

Vice President and the Department of Justice if approved is a brief summary

of recent developments in our investigation.

Enclosures

HAS:hcs

(18)

NW 54999

DocId: 32989522 Page 194

---

## Page 195

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

In Reply, Please Refer'so

File No.

June 13, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Interviews with witnesses into the shooting of

Senator Robert F. Kennedy continue, as well as interviews

with associates and former employers of the accused assail-

ant Sirhan Bishara Sirhan. Approximately 207 employees of

the Ambassador Hotel have

been interviewed to date.

Roosevelt Grier, professional football player

who was present at Senator Kennedy's speech in the

Ambassador Hotel at Los Angeles, California, during the

night of June 4, 1968, related to fBl Agents how he, with

the assistance of hotel employees and Rafer Johnson, Olympic

Champion,

disarmed Sirhan after the shooting. Another

individual, Louis Shelby, a restaurant owner where Adel Sirhan

had been employed, described the assailant as an extremely

frustrated individual and one who was convinced the United

States was involved in the furtherance of Zionist goals.

Chief Deputy District Attorney, Los Angeles County,

Lynn Compton, has advised our Los Angeles Office that a review

Di investigation conducted by the investigative stage de the o

District Attorney's office

and the Los Angeles Police Depart-

ment fails to indicate that there is any evidence to support

Sirhan was associated with anyone else or conspired with any

other person in the assassination of Senator Kennedy.

With respect to the prosecution oi sirhan, it has

been reported that Mr. Wilbur Littlefield, Chief Trial Deputy

in the Office of the

Public Detender, has

been named to

represent Sirhan.

The news media indicates Sirhan reportedly

desires two private. attorneys to defend him but alleged he

has stated he could not afford to retain private counsel.

Littlefield was placed in charge of the case after a meeting

of the Los Angeles Bar Association.

NW 54999

DocId: 32989522

тат1

Page 195

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## Page 196

MR. DelGACH

I* hit. ichute

I = iI, 110600

I sit calley

O'Dar-cam

1 = 15. ahrader

6/15/58

A. POSEN

I = sir. Salleran

ASSASSIHAZION DI SENATOR

ROLENT * SENNEDY

IDE ANGELSS, CALLEOINLA

Williar Lynch of tae Crlainal sitinion, who la basiling

this case for the Attorsay Genaral as a spacial, called to inquire

whether we have a report and whether we planned to send the resulta

of our lnreatigation to uletriet Attorney Arelle I, Toasger of los Angeles.

I bold bila that any report thich me raceive will be furnished,

in accordance with the Lopartaient'& requeat, la the departuent. üe

wantoil ta kans ií we planned to submit it to the Lepartunat belore it

want ta Younger,

Follak has previously stated they maated to terkew it

before it want out to Younger.

It 1s actad that Poliak ariod me whes he cas axect i taport.

I told hlu, we expect a report somatizie toward the end at the were; and

that it had to be carefully tarlexed, I also told lyach the raport would

be traasmitted to the L epartment in accordance with the request of the

"Attorney Ganeral.

being rechocked with La: Angeles in any instances where questions arise.

Junt As soOR as the ravian in curaploted, an Appropriate temuoranduct will

be transculted fornarday the report to for Lepartment, aud at that time,

we will specifically loquire to be advised nina the material niay be sub

witted to ulatrict Altorary Y0uAg95,

(10)

NW 54999 DocId: 32989522

Page 196

---

## Page 197

1 - MI.

sen (Mr. Shroder)

1 - ME. Bohn

1 - Lab Files

6/13/68

PLAINTEXT

TRULTYPE

DEFERRED

TO

SAC, LOS ANGELES (56-156)

FROM

LIRECIOR

THI (82-587)

KENSALT

RELET JUNE TEN FROM SAN FRANCISCO ENCLOSING ARGONAUT

INSURANCE COMPANY CHECK ENDORSED SIRMAN SIRHAN.

DUE TO LIMITES KNOWN HANDWRITING AVAILABLE, A DEFINITE

COLCLUSION WAS NOT REACHED WHETKER SIRMAN WROTE ANY OF THE

QUESTIONED HANDWRITING ON SPECIMENS SUBMITTED PREVIOUSLY.

SIMILARITIES WERE NOTED IN WRITING OF SIRAN AND CERTAIN

QUESTIONED WRITINGS.

EFFORTS TO LOCATE CONTEMPORARY WAITINGS OF SIRIAN COMPARABLE

WITH QUESTIONED WRITING SHOULD BE CONTINUED.

LABORATORY REPORT FOLLONS, COPY BEING MAILED TO SAN FRANCISCO.

1 = SAN FRANCISCO (62-5481)

NW 54999

CEB: pb (9)

DocId: 32989522

Bage 197

---

## Page 198

TO

FROM

SUBJECT

OPTIONAL FORM NO, 10

MAY 1962 EDITION

3010-106

GIA GEN. REG. NO, 27

* 'UNITED STATES GOVERNMENT

Memorandum

kx. - DeLoach

Rosen

ASSASSINATION OF

SENATOR ROBERT I.

KENNEDY

LOS ANGELES, CALLFORNIA

proud pod pond

DATE June 7, 1968

-

Mr. Deloach

ME®.

Rosen

Mix.

Halley

-

Mx .

Shroder

Mr.

Schutz

-

kir.

McGovaR

-

Nir. Bishop

-

side

1

Tolson

DeLoach

Mohr -

Bishop

Casper

Callahan

Conrad

Felt -

Gale -

Rosen -

Sullivan.

Tavel -

Trotter.

Tele. Room

Holmes -

Gandy -

Hr .

Gale

Vr.

Sullivan

Mohr

hit.

Trotter

Attached for approval is a memorandum to the White

House with copies to the Vice President and the Department

summarizing developments relating to the assassination of

Senator Roberi F. Kennedy.

Enclosed with the memorandum are

copies of material found

by FBI Agents and Los Angeles

police oificers in a search of Sirhan Bishara Sirhan's room.

This material relates to notations possibly by Sirhan threaten-

ing in nature against President Johnson, Senator Kennedy and

Ambassador Goldberg.

Of significance is one statement that

"Robert I. Kennedy must ba assassinated before 5 June 68."

In sunmary, the attached memorandum to the White

House briefly sets forth results of additional inquiries

into Sirhan's background, interviews with his brothers and

the fact that we have insuificient samples of Sirhan's known

handwriting specimens to identify the notations appearing on

the above-referred-to material. Additional specimens are

baing obtained.

With respect to ststements by Samuel W.

Yorty of los Angeles that sachan is affiliated with the

WEB Dubois Clubs, we advise that no intormation has been

developed to establish this fact at this time.

The following details do not appear in the letter.

head memorandum.

One Terry Mickey Welch, a former exercise.

boy with the Granja Vista Del Rio Thoroughbred Horse Farm

at Corona, California, where Sirhan was employed, was inter-

viewed by

our Detroit

Office and claimed to loy

Sirhan well.

He last say him during lay of 1967 and

advised while Sirkan

was, prior to his accident when

he fell from a horse in

September, 1966, good natured, popular, gentlemanly and

ambitious, he undervent a complete personality change

becoming quiet, 2100f, unpredictable and a

alleges Sirhas,

'"loner."

Welch

to his howleage, was anti-communist and

did not appear

to be prejudiced against race or nationality.

Enclosure

HAS : dig

(12) 141

CONTINUED - OVER

NIX

54999 DocId: 32989522 Page

198

---

## Page 199

Memorandum to Mr. DeLoach

RE:

ASSASSINATION OF

SENATOR ROBERI I. KENNEDY

He named among individuals knowing Sirha?, T.V.

personalities Desi Arnez, Buddy Ebson and Dale Robertson

all of whon kept horses

at Granja Vista Del Rio.

Of interest is the fact that the District Attorney

in Los Angeles County, who is prosecuting Sirhan, is Evelle

Jansen Younger, a former Bureau Agent.

Younger entered on

duty December 9, 1940, he was placed on leave without pay

for military purposes

May 2, 1942, and submitted his voluntary

resignation effective 12/5/45, as

he did not desire to return

to active duty. His services were satisfactory.

ACTION:

(1) Attached for approval is a letterhead menorandum

for the White House with copies to the Vice President, the

Attorney General, Deputy Attorney General, and Civil Rights

Division.

(2) In view of the fact that the material found

in Sirhan's roon bearing threatening notations is of direct

Interest to she secret service, CIA and the State Department,

I approved, copies oi this material will be made avallable

to these agencies.

(3) All phases of this investigation are being

pressed to the utmost.

!

2

NW 54999

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Page 199

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## Page 200

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

In Reply, Please Refer 20

File No.

June 7, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Intensive investigation is continuing in order to determine the

complete circumstances surrounding the shooting of Senator Robert F.

Kennedy by an individual who has been charged by Los Angeles,

California, authorities as his assailant, Sirhan Bishara Sirhan.

School records in Pasadena, California, described Sirhan prior

to 1963 when he graduated from John Muir High School as "friendly, co-

operative, well mannered, has adjusted very nicely to his new environ-

ment and making many new friends. " Continuing investigation into Sirhan's

background indicates, according to his brother Sharif Bishara Sirhan, the

assailant had little association or communication with the rest of the

family. He had few male associates and since his fall from a horse in

September, 1966, had been more withdrawn.

The FBI Laboratory has conducted an examination of the hand-

writing appearing on papers found after a search of Sirhan's room in the

Pasadena family home which bore notations advocating the overthrow of

the President of the United States and other statements alluding to the

necessity of assassinating Robert F. Kennedy. The handwriting could not

be identified as Sirhan's because of the lack of adequate known handwriting

samples. Additional samples of Sirhan's known handwriting are being.

obtained for comparison purposes.

A copy of this material is attached.

Investigation is continuing in an effort to account for Sirhan's

activities directly prior to the shooting of Senator Kennedy. Individuals

who were in attendance at the ballroom in the Ambassador Hotel at the

time of the shooting are being located and interviewed in detail. Two

NW 54999

DocId: 32989522

Page 200

107505

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## Page 201

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

witnesses, Humphrey Cordero and Enrique Rabago, identified Sirhan as

being at the Ambassador Hotel at approximately 9:30 p.m., Pacific

Daylight Time, on June 4, 1968, at which time Sirhan is alleged to have

made derogatory comments regarding "rich people" in general and

Senator Kennedy in particular. It was alleged Sirhan stated that

Senator Kennedy was going to 'buy the presidency" for personal purposes,

and that he (Sirhan) was looked down upon because of his clothing. Both

Cordero and Rabago were of the opinion based on their conversation with

firhan that he had come to the Ambassador Hotel alone since no one

appeared to be accompanying him during their approximate ten-minute

conversation with him.

Three of the five individuals who were wounded during the

shooting were interviewed, but none observed the assailant. The remain-

ing two who were more seriously wounded will be interviewed as soon as

their condition permits.

Mayor Samuel W. Yorty, Los Angeles, California, was reported

the W. E. B. DuBois Clubs of America. The Los Angeles Police Depart-

ment advised that on January 16, 1966, a vehicle registered to Sirhan's

brother Adel was observed in the vicinity of Baces Hall, Sunset and

Vermont, Los Angeles, California, where a meeting sponsored by the

W. E. B.-DuBois Clubs ot America was being held.

FBI files based on available data failed to establish Sirhan was

a member of such an organization.

A reliable source has indicated that Dorothy Healy, Los Angeles

Communist Party leader, has stated the assassin is unknown as a member

of the W. E. B. DuBois Clubs of America in the Los Angeles area. The

W. E. B. DuBois Clubs of America is a Marxist-orientated youth organi-

zation whose leaders in 1967 were Communist Party, United States of

America, members. It was indicated that the Communist Party, United

States of America, intends to issue a press release denying Sirhan has

had any connection with the Communist Party and, in fact, is considering

a legal suit against Mayor Yorty with respect to his allegations.

-2 -

NW 54999 DocId: 32989522 Page 201 •

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## Page 202

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

FBI Agents, on June 5, 1968, located a 1956 DeSoto registered

to Sirhan Sirhan at Wilshire Boulevard and New Hampshire Avenue a few

blocks from the Ambassador Hotel. An examination of this vehicle, after

a search warrant was obtained, resulted in the location of one empty box

ot. 44 caliber bullets in the glove compartment. In addition, a sales

receipt was located in the glove compartment showing the purchase of

four boxes of . 22 caliber bullets for $3. 99 paid for in cash on June 1, 1968.

A wallet containing identification in the name of Sirhan Sirhan was also

located in the glove compartment.

• Enclosure

-

..

3

NW 54999 DocId: 32989522

Page 202

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## Page 203

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

MASHINGTON, D.C. 20535

Ire Reply, Please Refer to

File No.

June 7, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Intensive investigation is continuing in order to determine the

complete circumstances surrounding the shooting of Senator Robert F.

Kennedy by an individual who has been charged by Los Angeles,

California, authorities as his assailant, Sirhan Bishara Sirhan.

School records in Pasadena, California, described Sirhan prior

: to 1963 when he graduated from John Muir High School as "friendly, co-

operative, well mannered, has adjusted very nicely to his new environ-

ment and making many new friends. " Continuing investigation into Sirhan's

background indicates, according to his brother Sharif Bishara Sirhan, the

assailant had little association or communication with the rest of the

family. He had few male associates and since his fall from a horse in

September, 1966, had been more withdrawn.

--

The FBI Laboratory has conducted an examination of the hand- -

writing appearing on papers found after a search of Sirhan's room in the

Pasadena family home which bore notations advocating the overthrow of :

the President of the United States and other statements alluding to the

necessity of assassinating Robert F. Kennedy. The handwriting could not

be identified as Sirhan's because of the lack of adequate known handwriting.

samples. Additional samples of Sirhan's known handwriting are being.

obtained for comparison purposes.

A copy of this material is attached.

Investigation is continuing in an effort to account for Sirhan's

activities directly prior to the shooting of Senator Kennedy. Individuals

who were in attendance at the ballroom in the Ambassador Hotel at the

time of the shooting are being located and interviewed in detail. . Two

# 3+990759873

NN 54999 DooId: 32989522

Page 203

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## Page 204

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

witnesses, Humphrey Cordero and Enrique Rabago, identified Sirhan as

beirg at the Ambassador Hotel at approximately 9:30 p. m., Pacific

Daylight Time, on June 4, 1968, at which time Sirhan is alleged to have

made derogatory comments regarding "rich people" in general and

Senator Kennedy in particular. It was alleged Sirhan stated that

Senator Kennedy was going to "buy the presidency" for personal purposes,

and that he (Sirhan) was looked down upon because of his clothing. Both •

Cordero and Rabago were of the opinion based on their conversation with

Sirhan that he had come to the Ambassador Hotel alone since no one

appeared to be accompanying him during their approximate ten-minute.

conversation with him.

Three of the five individuals who were wounded during the

shooting were interviewed, but none observed the assailant. The remain-

ing two who were more seriously wounded will be interviewed as soon as

their condition permits.

Mayor Samuel W. Yorty, Los Angeles, California, was reported

, the W. E. B. DuBois Clubs of America. The Los Angeles Police Depart-

ment advised that on January 16, 1966, a vehicle registered to Sirhan's

brother Adel was observed in the vicinity of Baces Hall, Sunset and

Vermont, Los Angeles, California, where a meeting sponsored by the

W. E.-B. DuBois Clubs of America was being held.

FBI files based on available data failed to establish Sirhan was

a member of such an organization.

A reliable source has indicated that Dorothy Healy, Los Angeles

Communist Party leader, has stated the assassin is unknown as a member

of the W. E. B. DuBois Clubs of America in the Los Angeles area. The

W. E. B. DuBois Clubs of America is a Marxist-orientated youth organi-

zation whose leaders in 1967 were Communist Party, United States of

America, members. It was indicated that the Communist Party, United

States of America, intends to issue a press release denying Sirhan has

had any connection with the Communist Party and, in fact, is considering

a legal suit against Mayor Yorty with respect to his allegations.

= 2 -

/ NW 54999 DocId: 32989522 Page 204

---

## Page 205

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

FBI Agents, on June 5, 1968, located a 1956 DeSoto registered

to Sirhan Sirhan at Wilshire Boulevard and New Hampshire Avenue a few

blocks from the Ambassador Hotel. An examination of this vehicle, after

a search warrant was obtained, resulted in the location of one empty box

of . 22 caliber bullets in the glove compartment. In addition,.

a sales

receipt was located in the glove compartment showing the purchase of

four boxes of . 22 caliber bullets for $3. 99 paid for in cash on June 1, 1968.

A wallet containing identification in the name of Sirhan Sirhan was also

located in the glove compartment.

Enclosure

NW 54999. Docid:32989522 Page 205

---

## Page 206

May 18 9.45 11-68'

my adtermenation to estitietea

édinLi RFK. io Gecoeo

p please pay

t the Order!

mora the arsebian

plea

patnines

port woin

--

ftsnl@nesensd@isiaininntdR.F:A

must bé aui smated RiFK, -sinitue

2natil KiFK iunt-6e ansaiinatef

MK TUG l GHLNGRE REEbuuit

l anuoenaled REK, DitCe.

sueduntet araninatid as Rabcitis.

Knn Ritat t pemnie Rerdet

muit de anaizunoted

O Rvet', Kennsos

muit be ananzinatit ananinateel

paiint aneuinsuted inmiindtii

anoasiinatci l Äiini,

T PiyS th DU ORORA?

s?@Dsfufdstisi.deal.

00

Mir: E paytoite.ilese

Nw: 54999- Doeid:2989322 "rage 206

---

## Page 207

Japan

sailincisione

codesione

Dollars-

stone., stove

Tom-

Eleven Dollars

enould like to come

alould you

Lust die decon

youve die meet

au che dec mie africairport -

Chessador Goldberg must die

6 Stone I Dive thank you

Lane basitor

thork you stone

Fine StoneS IRHAN IS AN ARAB

de inhan you you you a ou

Ser

ARAB you

ARIAB

Nishan Lichan

you) you

GAVE HO Howard St.

Sanita ratap you con we

sirkan

Dirkan

inchised # Dirkan Sinhan Sirhow

Justin Ju D Lion 1

ate , iran un it Stones

-

NW 54999 DocId: 32909522

Page 207

---

## Page 208

1+55

Keepint fell in at fee

the amount of Jihon Dirhow and do not

forget to become an

he proden Senator R. Kennedy

second group of American Salars.

must.

Twist

We believe that pobat f. Kenedy must

be sacrificed for the cause of the

ited people

the believe. that me ae can effect

suchaction and pio duce suchest,

One wonders what it feels like to do any

onesination. that might do some

illegal wark-

filise pay to

belove that I can effect the

death of Batt.

flictish

тему. Іта

y must madly

must fall

i must

NW 54999 DodId: 32989522*

'"Page" 208

---

## Page 209

the socalled president of the

United Stales of America must be adwail

of their perishments for their tron

I tiasonate crimes against the the

the state more

enters p

araisins.

bullets

by an as assins bullet

new car

in in a net musang-en a

Comin

Tongue i a must by a resinist tonight,

tonight tonight tonight

tonight het me tone!

Lionight Home

ips must

NW' 54999 DocId: 32989522 "Page 209

---

## Page 210

intentional-us-extentional."

connotation us- denotation.

implicit. Equality befre and after the law

I adoscate the overthrow of the

cument president of the fucken Unted

states at America, I have no Absolute

-

--

the would -I have not Experienced the

yet -The US-Das that life in

liked in

mouthin

NW 54999 DocId: 32389522 "Page 210

---

## Page 211

We will keep buss

or pianish matters at

te nihat he really want most

get fot and their

that is to do Cont

that is. to do oway

anarchy i the bert farma goat sonne

gout

Кать (2060-770

He get in power they to tang wor

Benett auck ene

NW 54999 DocId: 32989522 Page 211

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## Page 212

code odd dle ident a dee

POSTAGE AND FEES PAID

INTERNAL REVENUE SERVICE

U.S. TREASURY DEPARTMENT

INTERNAL REVENUE SERVICE-DISTRICT DIRECTOR

300 NORTH LOS ANGELES STREET .

LOS ANGELES, CALIFOSNIA 80012

RFK Must be disged of like his truthies wins

:D-680606001 04 AT

15222

N EABORATORI A

54990

Docid: 32989522 Page 21

---

## Page 213

AFF DOÀVIL!

DISTRICI OF COLUMBIA , $0:

LIONS I SHANTYREIT, being duly suorny deposes

Ji I an a Spectal Agent of the Federal Bureau o8

Invectigation, and en sasigned to the Laboratory of the

Federal, Bureau 08 Investigation at les Headquarters Offiee

In Hashington, D. G+ I have been enployed by the Federal

Surenu de Investigation continuously since 1940, except

For almost one year

on any service in 1945. Fron 1940

until 135% 1 did photographic vors. Da 1951 I became a

Special Agent and nes easigned as a field inveatigator to

the Detroit Field Office. In 1952 I was reasalgned to the

Laboratory as a docuent examines apecializing le photos

Eraphic mattera. Since 1952 I have been employed continu

ously and exclusively in expaining questioned docunenta and

photogziphic evidence. I have recelved training in this

spocialised field in the Laboratory, attondina lectures,

roading the recomended Interaturo on the subject, end

conducting experiments, as well as vorking indtially as an

apprentice under an experienced ezaniner. During the course

of my career I have examined thousande of photographs for

the purposes of cooparicon, including compariaons to establish

'.*

the

identarication oe indivicuala.

I have examined the photsaraph attached as

Exhibit ?. to the affidavit of Donald I+ Wood, & copy or

ich photosph also appears as Sahibit I attached to this.

NW 54999 DooId:32989522 Page 213

---

## Page 214

"-

affiassir, and compazed it wain de photographs autached

a7 Exhibit II to the affidavit of George 3. Bosebrake a

copy of unich photozraphs also appear su Exbibit II attached

to this afridavit, dad have concluded from ny examination

unden involved & comparison of the front view st the

Individual depicted in the attachnent to the Bonabrake

affidavit and the Individunl depicted in the attachment to

the lood affidavit that these tuo photograghs depiet the

sono individuri.

3. I have basad ay conclusion on a compariaon of

a]1 of the facial cheractoriaties in thee photographes

including the contour of the euro, nose, bouch, areas sti

rounding the eyes, and the significont wrinkles and lines

appearins in the face.

"STRETTEE

Sworn to before ne this

day of dune, 1068.

& herety certaiy that the abbached two pages comprise the

orizinal articarit on inndal i Shaneytelte

NW 54999 DocId: 32989522 Page 214

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## Page 215

OPTONAL PORM NO. 10

5010-106

OSA DEN. ARG. NO. 28

UNITED STATES GOVERNMENT

Memorandum

TO

Mr. DeLoach

DATE:

June

1968

Cerina el

FROM : A. Rosen

Tolson

DeLoach

Mohr.

_Btshop -

Casper.

Callahan

Conrad -

Felt -

Gale

Rosen

Sullivan

Tavel

Trotter

Tele. Room

Holmes -

Gandy

SUBJECT: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

. - MI. DeLoach

- hit.

Rosen

Mr.

Malley

-

Mr.

Shroder

Mr.

Schutz

Mr. McGowan

Mr. Bishop

= Conrad

1

-

Mr. Gale

-

Mr. Sullivan

Mr. Mohr

1 - Mr. Trotter

Attached for approval is a memorandum for the

white House with copies for the Vice President and the

Department dealing with current developments in our

investigation into the assassination of Senator Robert F.

Kennedy •

The attached memorandum includes not only

information originally set forth in our letterbead

memorandum of June 11, 1968, which was not sent, but,

information relating to facts as supplied by the

ambulance attendant, Max Alma Behrmann, in his dealings

with Ethel Kennedy as well as true facts relating to the

subduing of. Sirhan after the shooting.

ACTION

If approved, the attached memorandum will

be forwarded to the White House with copies to the Vice

President, the Attorney General, the Deputy Attorney

General and the Civil Rights Division of the Department.

(2) Additional memoranda will be prepared for

dissemination to the White House upon the development of

significant details.

HAS/Irk

• (13)

NW 54999 DocId: 32989522 Page 215

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## Page 216

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

In Reply, Please Refer co

File No.

June 12, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Investigation is continuing in order to develop

full background information concerning Sirhan Bishara

Sirhan as well as that of members of his immediate family

and associates.

With respect to a previous statement attributed

to mayor Samuel W. Yorty, Los Angeles, California, as

reported by the news media on June 6,

1968, alleging

Sirhan was associated with the W. E. B. DuBois Clubs of

America, and a vehicle registered to Sirhan's brother,

Adel, was observed on January 16, 1966, in the vicinity

of Baces Hall, 1528 North Vermont, Los Angeles, California,

where a meeting sponsored by that organization was being

held, information has been developed indicating Adel Sirhan

had previously been employed as a musician at the Fez Res-

taurant, 1508 North Vermont, adjacent to Baces Hall. Full

details

are being developed with respect to this phase of

our investigation.

On June 9, 1968, a United Press International

release datelined Cairo made reference to the arrest of

one Soliman Sirhan by Iragi authorities as an Israeli spy

alleging he was a brother of Sirhan Bishara Sirhan. Sirhan's

mother, during an intensive interview by FBI Agents on June 10,

1968, volunteered she had heard this newscast and stated she

has only five sons, Sirhan, Munir, Sharif, Adel and Saidallab,

none of whom are living outside the United States. The

individual to whom the United Press International referred

was unknown to her.

Interviews are continuing with those individuals

who were in or near the Embassy Room at the Ambassador

Hotel during the evening of June 4-5, 1968. Several have

NW 54999 Docid: 32989522 Page 216

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## Page 217

ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

been located who were witnesses to the shooting of

Senator Robert F. Kennedy and who positively identify

Sirhan Bishara Sirhan as the individual who fired the

shots at Senator Kennedy.

This phase of our investiga-

tion is being exhaustively pursued.

According to information furnished by ambulance

attendant Max Alma Behrmann, after responding to the call

at the Ambassador Hotel, a distraught Mrs. Kennedy attempted

to keep him from assisting the Senator stating "Keep your

hands off him, I'm Mrs. Kennedy." As the Senator was placed

in an ambulance, an argument ensued between Behrmann and

Mrs. Kennedy as

to who would accompany the ambulance and

again, according to Behrmann, when he questioned Mrs. Kennedy

while

en route to the hospital as to what

had transpired, she

stated "I don't give a damn what you say," grabbed his record

book and threw it out of the ambulance.

Upon noting the

Senator was having difficulty breathing and thereafter trying

to assist him, Behrmann was told by Mrs. Kennedy "You keer

your dirty filthy hands off my husband," and she struck him

on the right side of his face stunning him. He further recalls.

Mrs. Kennedy called to a male associate who was sitting in the

front seat to "Come back here and throw this ambulance man out;

he's bothering me; he's asking too many questions."

It was further reported by a witness at the hospital

that upon arrival there Mrs. Kennedy grabbed a camera from a

newsman, knocking it to the floor, and she also swung at the

newsman

hitting him in the chest area.

bodyguard then jumped over the stretcher and punched the

newsman in the face.

Of possible significance is the fact that among

items found on Sirhan's person when taken into custody was

a newspaper article by David Lawrence captioned "Paradoxical

Bob" and highlighting the fact that while Kennedy vigorously

opposes the war in Vietnam, he has nevertheless recommended

full assistance to Israel "with arms if necessary" to meet

the threat of the Soviets..

In addition, whereas press reports claim Rafer Johnson,

Olympic Champion, and

Roosevelt Grier, professional football

player, subdued the assailant, investigation reveals the first

to reach the assailant were two. hotel employees. They then

were assisted by Grier and Johnson.

- 2.

NTW

54999 DocId: 32989522

Page 217

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## Page 218

OPTIONAL FORM NO. 10

5010-108

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Tolson

DeLoarh

ugsper

Callahan

Felt

Gale

TO

: HTo DeLoach

"DATE: June 12, 1968

Rosen

- Mr. DeLoach

Sullivar

Tavel

- Mr. Rosen

Trotter

Tele. Room

FROM

: Aö Rosen

1

1

Mr. Malley

Holmes

• Gandy

Mr. Shroder

SUBJECI. ASSASSINATION OF

SENATOR ROBERT F: KENNSDY

LOS ANGELES, CALIFORNIA

bro.

schutz

KOB

THING

Mr.

McGowan

EF)

Mr o

Mohr

-

Gale

CONRAD

-

Hir.

Bishop

1

• Sullivan

- Mr. Conrad

1 - Mr.

Trotter

In order to facilitate the handling of evidence with

respect to reporting results of FBI examination either by the

FBI laboratory or Identification Division, the following should

be placed in effect:

lo When evidence has been submitted for examination to

either

the FBI Laboratory or the Identification Division

by the FBI, as opposed to evidence recovered by a police

department and submitted to the FBI Laboratory, a report

should be prepared addressed to Evelle Janson Younger,

Prosecuting Attorney for the County of Los Angeles, setting

forth the results of the desired examination. The evidence

should be returned to the contributing field office. Copies

of the report should be furnished FBI, Los Angeles,

the

General Invescigative Division and, if appropriate,

• the

" Domestic Intelligence Division. The material transmitted

to Younger will not, of course, contain administrative

data or other information of special interest to the

Bureau alone.

2o When evidence is submitted for examination by

the Los Angeles or other police departments, a report

should be returned in accordance with existing procedure

to the submitting law enforcement agency.

A copy of the

report should be made available to the Los Angeles Divi-

sion, the General Investigative Division, and if appro-

priate, the Domestic Intelligence Division.

ACTION:

henceforth.

If approved, the above procedures should be adopted

* HAS : j1

(13)

NN 54999 DooId: 32989522 Page 218

---

## Page 219

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITEU STATES GOVERNMENT

Memorandum

Tolson

DeLoach -

Casper

allah‹

Felt.

Gale

TO

: HiT. DeLoach

Rosen

Sullivan

- Mro. DeLoach

Tavel

Mr. Rosen

Trotter

Tele. Room -

FROM

: Aö Rosen

hir.

Malley

Holmes -

Gandy

Hro

Shroder

Schutz

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA.

NT.

McGowan

R.W.Sia Tz

C FDOWMIN.

Mohr

"to Gale

Mr.

Bishop

-

Mr. Sullivan

- lix. Conrad

1 - Mr. Trotter

In order to facilitate the handling of evidence with

respect to reporting results of FBI examination either by the

FBI laboratory or Identification Division, the following should

be placed in effect:

lo When evidence has been submitted for examination to

either

the FBI Laboratory or the Identification Division

by the FBI, as opposed to evidence recovered by a police

department and submitted to the FBI laboratory, a report

should be prepared addressed to Evelle Janson Younger,

Prosecuting Attorney for the County of Los Angeles, setting

forth the results of the desired examination. The

evidence

should be returned to the contributing field

office. Copies

of the report should be furnished FBI, Los Angeles,

General Investigative Division and, if appropriate, the

, Domestic Intelligence Division. The material transmitted

to Younger will not, of course, contain administrative

data or other information of special interest to the

Bureau alone.

72°:

2. When evidence is submitted for examination by

the Los Angeles or other police departments, a report

should be returned in accordance with existing procedure

to the submitting law enforcement agency.

report should be made available to the Los Angeles Divi-

sion, the General Investigative Division, and if appro-

priate, the Domestic Intelligence Division.

ACTION:

If approved, the above procedures should be adopted

henceforth:

(13)

+9941

NW 54999 DooId:32989522 Page 219

---

## Page 220

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Tolsoi

DeLoach

Mohr .

Bishop

Sasper

Callahan

Felt

Gale

TO

: HT. DeLoach

DATE:

June 12,

1968

Rosen

Mr. DeLoach

Sullivan

Tavel

Trotter

Mr. Rosen

Tele: Room

FROM

: Ao' Rosen

Malley

Holmes -

1

Ggndy

-

Mr.

Shroder

HT o.

Schutz

Gill

SUBJECT: ASSASSINATION OF

MT.

McGowan

SENATOR ROBERT F•

KENNEDY

Mr.

Mohr

LOS ANGELES, CALIEORNIA

Gale

Bishop

1

Sullivan

, - Mr. Conrad

Trotter

In order to facilitate the handling of evidence with

respect to reporting results of FBI examination either by the

FBI Laboratory or Identification Division, the following should

be placed in effect:

lo When evidence has been submitted for examination to

either

the FBI Laboratory or the Identification Division

by the FBI, as opposed to evidence recovered by a police

department

and submitted to the FBI Laboratory, a report

Should be prepared addressed to Ivelle Janson Younger,

Prosecuting Attorney for the County of Los Angeles, setting

forth the results of the desired examination. The

evidence

should be returned to the contributing field office. Copies

of the report should be furnished FBI, Los Angeles,

the

General Investigative Division and, it appropriate, the

• Domestic Intelligence Division. The material transmitted

to Younger will not, of course, contain administrative

data or other information of special interest to the

Bureau alone.

2. When evidence is submitted for examination by

the Los Angeles or other police departments, a report

should be returned in accordance with existing procedure

to the submitting law enforcement agency.

A copy of the

report should be made available to the Los Angeles Divi

sion, the General Investigative Division, and if appro-

priate, the Domestic Intelligence Division.

ACTION:

henceforth.

It approved, the above procedures should be adopted

*HAS:j1

(13)

NW 54999 DooId:32909522 Page 220

---

## Page 221

Mr- velanch

4 + R12054

ASSASSLATED AN

LET INCELES, LAULE AILA

JAME

Barader

Rehutt

Dising

Sullivat

Trattex

In sedar to incilitato

#1Lh

IRAPOCK tO ISPATIAIL TUNNIIA DI XII ASANLAAlIeS alibAT by the

LAboratory un Identittention Liviaios, the folluates savuld

te placed la attorti

by the FAl, An

should be pri

KAth 10

should

ot the t

MONOMILE AN

IN TORATOR

*ALI

ad to tridouse recovered by

ald

County

khus

F02 06

ad thI,

Tha

al courto: contala idolaintrAtire

ALDen 19441

+* the

Copies

AMONd INA FRINIATI dO ACCONdANCA MILA NEINtinE prOCEdArE

A copy sat tia

TODDEL MAORIA NO MANO AVRIIADIS IR tHE LOS ANTAJAE DIYAN

AHOA, tA COOTEL INTORKANAtIVA ULYINANA, ADA II APHED.

MAN:)15

(11)

NW 54999

DocId: 32989522 Page 221

---

## Page 222

1

Mx.

Rosen

Borred

- Mr. Griffith

- Mr.

Bohn

brab

File

(Mr.

Shroder)

6/12/68

PLAINTEXT

TELETYPE

DE ERRED

TO SAC, LOS ANGELES (56-156)

FROM DIRECTOR, FBI (82-587)

KENSALT:

REURAIRTEL JUNE TEN.

DUE TO DIFFERENCES IN TIME OF WRITING AND DUE TO LIMITED

AMOUNT OF WRITING AVAILABLE, A DEFINITE CONCLUSION WAS NOT

REACHED WHETHER SIRHAN SIRHAN WROTE ANY OF THE QUESTIONED

WRITING, BASED ON SUBMITTED NINETEEN FIFTYEIGHT INFORMATION

BLANK AND SPECIMENS SUBMITTED PREVIOUSLY.

SIMILARITIES WERE FOUND IN WRITING OF SIRHAN AND CERTAIN

QUESTIONED WRITINGS. EFFORTS TO OBTAIN ADDITIONAL KNOWN

WRITING SHOULD BE CONDUCTED WITH CONCENTRATION ON CONTEMPORARY

WRITINGS CONTAINING COMPARABLE WORDS AND LETTERS.

LABORATORY REPORI FOLLOWS.

CEB: pb (7)

NW 54999 DocId: 32989522 Page 222

---

## Page 223

Rte DeLone

1363

• 19203

#$ 904746

Votei

Rosen

ASCASCILAZION OR

Pt thei

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Doming

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Crattas

za oodor to dantzácata

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• the

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tha Boxlosiag shoutd

ho placod as casacts

Thod eritenco has bood esbaltted for examisation to

52 20004

tao ent inborador os tio Identaftention Division

сораг tagae

sinatusd to the ras fa matart, a report

shcid ba moraroe adiresses

Fronecating nocorasy for the Conty of Ina sageles, satitas

sicoid ba rocurod ta tis enasrinting

Coplas

4 Rao Peport should te Jurasahed

e trans

Conoral Investigatase DAriston auu 13

0opxgueAae

Exo material. Asanscid6ed

to Youngor vals nat, of couro, conina adotaiatentare

to tho

BARCAS 45959*

Fusa cuidensa in subaltice os

• o2a9in2tlon 47

ta ano subalicina lay estorcosont acensy.

A 2005 0s 100

nopoas saraid co sado arolinnie to the Los Angelos Div

mico, the Cenouel anrestazatavo airlos, ond de nosso

pelato.

the Boscalis Intellagrace 2491a302.

1h 200

5Ex0dk

• 542:125

(20)

INTAT

54999

DocId: 32989522

Page

223

---

## Page 224

To:

7-la (Rey. 4-17-67)

REPORT

of the

162

LABORAIORY

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Nr. Soile I. Younger

District Attorney

300 Anz4 DE JuStICe

Lus Angeles, California

Juae

12g

REGISIERED

1908

AIRICA Ita

90012

broder)

BOUG

rile

This examination has been made with the understanding that the evidence is connected with an officia

investigation of a criminal matter and that the Laboratory report will be used for official purposes only, relatec

Re:

Assassination of

Sonator Robert I. Kennedy

roover

Jona Base Hover, Drostor

YOUR NO.

FBI FILE NO.

LAB. NO.

02m 587

D- 680820020 A8

!

!

Examination requested by:

EDI, Los Bageles

Reference:

Examination requested:

Lettor 6/7/63

Document

Specimens: received 8/10/69, Aron IDI, Los Angeles

Fasadona City College Residence

Statonest

bearing

purported handuriting of SINIA

8. SINSAN

Result of ezaaination:

The wilting on

Al is too linited and not sulficiontly

comparable with the quationed writing on the specimons subnitted

brovionaly for adequate crasdaadion.

Therefore,

It could not la

doterminod

i shothor the uritor of 11 wrote any of the questioned

specisions.

K1 15 boing returned to FbI, los Angeles.

has been photogreghed.

2 - EDI, Los Angelos

Enclosure

(56-156)

Thia apeczsen

See note on nest page

CEB: AF

(3)

NW 54999 DocId: 32989522

Page 224

---

## Page 225

Note to. FBI, Los Angeles:

This confirms Bureau teletype dated 6/10/68,

addressed to Los Angeles in this case.

For your investigative guidance, some similarities

were found in the writing on Kl and in the questioned writing

on the specimens submitted previously.

As soon as additional known handwriting samples are

obtained, further comparisons will be made.

Page 2

D-680610095 'AT

• NW 54999

DocId: 32989522 Page 225

---

## Page 226

+7-10 (Rev. 4-17-67)

61a.

REPORT

of the

Ive

16

LES: LABORATORY :A:

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

To:

Mr. Evelle J. Younger

District Attorney

600 Hall of Justice

Los Angeles, California 90012

rab file

scene

June 12, 1968

Registered Airmail

'his examination has been made with the understanding that the evidence is connected with an officio

Authorization cannot be granted for the use of the

afoover

Re:

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

YOUR NO.

FBI FILE NO.

LAB. NO.

62-587

D- 680606001 AT

CR-13268 JU

Examination requested by:

FBI,: Los Angeles

Reference:

Examination requested:

Letter dated 6/5/68

Document - Translation

Specimens:

received 6/6/68, from FBI, Los Angeles

Q1

Spiral notebook bearing green cover captioned "PASADENA CITY

COLLEGE"

Q2

Spiral notebook bearing brown cover captioned "The SPIRAL

NOTE BOOK, 302, REG. U.S. PAT. OFF."

Q3

Spiral notebook bearing light green cover captioned "Simpson,

INDEXED FILLER, 3 Subjects in One Book, No. 9804"

Q4 U.S. Treasury Department envelope bearing hand printed and

handwritten notation

"RFK Must be disposed of like his

brother was.

...reactionary"

Enclosure

2 - FBI, Los Angeles (56-156) Enclosures (2).. (2 copies of translation)

(continued on next page)

Page 1

CEB: pal (7)

NW 54999 DocId: 32989522 Page 226*

---

## Page 227

Q5 'Seven sheets of spiral notebook paper, further described

as follows:

(A)

Sheet bearing handwriting beginning "Slavery -

History, " ending on reverse side "

...cattle Kingdom"

(B)

Sheet bearing handwriting beginning "Cattle Kingdom

began...=

" and ending on reverse side "

...tarrif"

(C)

Sheet bearing handwriting beginning "Rosecrucian

Philosophy"

(D)

Sheet bearing handwriting beginning "the New epic,"

and ending on reverse side " realistic"-

(E)

Sheet bearing handwriting beginning "How to Swing

a golf club properly," and bearing handvriting

on

reverse side beginning "If you decide..."

(F)

Sheet bearing handvriting beginning "...Your book,

Mastery of life," and bearing various handwritten

characters on reverse side

(G)

Sheet of paper bearing handvriting on reverse side

beginning

"I have often experienced momentary..."

Q6

Portion of cardboard sheet bearing handwriting beginning

"Jet Spe

_, Rosene to..."

Q7 Two sheots of paper bearing handwriting and reproductions

of typewriting, first sheet beginning "RUSSIAN IB

FINAL L'S 14"

containing exercise notations 1-10 through

105-128 and second page bearing exercise notations 129-1,39

through, 199-200

Honorable Discharge from California Cadet Corps issued to

Sirhan B. Sirhan dated June 13, 1963

09

Q10

Strip of three photographs

May 23, 1968, issue of The Christian Science Monitor,

Western Edition

Q11

Two-page copy of "THE OPINION, AN INDEPENDENT STUDENT

PUBLICATION," dated Friday, March 50, 1962

Page 2

D- 680606001 AT

y"

(continued on next page)

NW 54999 DocId: 32989522 Page 227°

---

## Page 228

Q12 One-page announcement beginning "MEET A WINNER..."

Q13 Pamphlet entitled "MENTAL PROJECTION"

Q14

notation

"7469541, 625

W 28th St., L.A."

ALSO SUBMITTED: Manila-type folder

Result of examination:

The signature on the available photocopy of the

fingerprint card of SIRHAN BISHARA SIRHAN (obtained by

the specimens described above for the purpose of determining

whether SIRHAN wrote any of the questioned writing.

The submitted material is being returned

separately to

FBI, Los Angeles. This material has been

photographed.

A translation of the foreign language material

contained in the submitted specimens is attached.

Note for Los Angeles:

This supplements Bureau teletype dated 6/6/68 to

Los Angeles in this case.

A separate report is being submitted concerning the

fingerprint examination, at which time you will be advised

with respect to the return of the submitted evidence.

Nothing significant was noted in the cryptanalytic

examination of specimens Ql through Q14.

The questioned writing was searched through the

appropriate sections

of the National Security File without

effecting an identification with any prior submission.

It was found that the typewriting on Q7 and Q1l

is not clear enough for adequate examination.

Page 3

D- 680606001 AT

(continued 'on' next page) -

NW 54999 DooId: 32989522

Page 228

---

## Page 229

Certain indented writings were found on

pages of the notebook, Q3,

It was found that these

indented writings correspond

to writings on other pages

in the submitted material.

Various ink and pencil writings appear on

the questioned documents.

Faint writings consisting of

ink transfers were noted

on pages 65 and 122 of notebook,

Q3. Ink transfers of this nature sometimes occur when

documents are pressed closely together for some period

transference of a portion of page 123 of Q3. The original

document from which the ink transference on page 65 of Q3.

originated does not appear to be contained in any of the

submitted material.

The seven sheets of spiral notebook paper listed

as Q5 correspond in physical features to the pages in the

notebook, Q3. The sheets in Q5 were probably torn from Q3.

Stains appear on certain of the questioned

documents. Since exhaustive Laboratory examination of

the stains would entail destruction of portions of the

documents, chemical examinations of the stains were not

made.

Two copies of the translation of the foreign

language material contained in the submitted specimens are

forwarded to Los Angeles:

Page

D- 680606001 AT

NW 54999 DocId: 32989522

Page 229

---

## Page 230

SeTjONAL FORM NO. 10

3010-100

•AY 1902 EDITION

GSA GEN. REG, NO, 27

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. DeLoach

FROM

: A. Rosen

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

tolute

DATE: June 11, 1968

1 - Mr. DeLoach

1 - Mr. Rosen

1 - Mr. Malley

Tolson

DrLoach

Mohr

Bishop

Carpes

Callahan

conrad

Felt

Gale

Rosen

Sullivan

Touch

Trotter a

Tele. Room

Holmes -

Gandy

1 - Mr. Shroder

1 - Mr. Schutz

1 - Mr. McGowan

- Mr. Bishop

- Vir. Conrad

1 - Mr. Gale

1 - Mr. Sullivan

1 - Mr. Mohr

1 - Mr. Trotter

There is attached for approval a memorandum for the White

House with copies for the Vice President and the Department dealing with

current developments in our investigation of the assassination of

Senator Robert F. Kennedy.

In summary, we indicate our investigation is continuing into

all aspects of this matter. We refer to the fact that Mayor Samuel W.

Yorty, Los Angeles, California, claimed Sirhan Bishara Sirhan was

associated with the W. E. B. DuBois Clubs of America. Yorty's release

to the press on 6-6-68 identified an automobile belonging to Sirhan's

brother, Adel, as having been parked in the vicinity of Baces Hall when

a meeting of the above group was in session. We point out that Adel is

reported to have been employed as a musician at a restaurant directly

adjacent to Baces Hall. In addition, we comment on the fact that Sirhan's

mother definitely states the individual mentioned by United Press Inter-

national, Soliman Sirhan, reportedly an Israeli spy currently under arrest, *

is not, as indicated by United Press International, her son and brother of

the subject. The individual arrested was unknown to her.

Additional information not reported in the attached memorandum

is as follows:

An investigative report totaling 1, 082 pages was received from

our Los Angeles Office on 6-10-68. It is currently being intensively

reviewed. Investigation would indicate that immediately follöwing the

after responding to the call at the Ambassador Hotel, a distraught

Mrs. Kennedy attempted to keep him from assisting the Senator stating

Enclosures

*by Iragi authorities

CONTINUED - OVER

HAS:hes

(13) hea

NW 54999

DocId: 32989522

Page 230

---

## Page 231

-...

Memorandum to Mr. DeLoach

Re: Assassination of Senator Robert F. Kennedy

"Keep your hands off him, I'm Mrs. Kennedy. " As the Senator was placed

in an ambulance, an argument ensued between Behrmann and Mrs. Kennedy

as to who would accompany the ambulance and again, according to

Behrmann, when he questioned Mrs. Kennedy while en route to the hospital

as to what had transpired, she stated "I don't give a damn what you say,"

grabbed his record book and threw it out of the ambulance. Upon noting

the Senator was having difficulty breathing and thereafter trying to assist

him, Behrmann was told by Mrs. Kennedy "You keep your dirty filthy

hands off my husband, " and she struck him on the right side of his face

stunning him. He further recalls Mrs. Kennedy called to a male associate

who was sitting in the front seat to "Come back here and throw this ambu-

lance man out; he's bothering me; he's asking too many questions. "

It was further reported by a witness at the hospital that upon

arrival there Mrs. Kennedy grabbed a camera from a newsman, knocking

it to the floor, and she also swung at the newsman hitting him in the chest

area. Senator Kennedy's bodyguard, former FBI Agent Bill Barry, then

jumped over the stretcher and punched the newsman in the face.

Of possible significance is the fact that among items found on

Sirhan's person when taken into custody was a newspaper article by

David Lawrence captioned "Paradoxical Bob" and highlighting the fact

that while Kennedy vigorously opposes the war in Vietnam, he has

nevertheless recommended full assistance to Israel "with arms if necessary"

to meet the threat of the Soviets.

In addition, whereas press reports claim Rafer Johnson, Olympic

champion, and Roosevelt Grier, professional football player, subdued the

assailant, review of Los Angeles report would indicate the first to reach

the assailant were two hotel employees. They then were assisted by Grier

and Johnson.

ACTION: (1) If approved, the attached memorandum will be forwarded to

the White House with copies to the Vice President, the Attorney General,

the Deputy Attorney General and the Civil Rights Division of the Department.

(2) Additional memoranda will be prepared for dissemination to

the White House upon the development of significant details.

- 2 -

NW 54999

DocId: 32989522 Page 231

---

## Page 232

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

NASHINGTON, D.C. 20535

In Reply, Please Refer to

File No.

June 11, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

Investigation is continuing in order to develop

full background information concerning Sirhan Bishara

Sirhan as well as that of members of his inmediate family

and associates.

With respect to a previous statement attributed

to Mayor Samuel W. Yorty, Los Angeles, California, as

reported by the news media on June 6, 1968, alleging

Sirhan was associated with the W.

E. B. DuBois Clubs of

America, and a vehicle registered to Sirhan's brother,

adel, was observed on January 16, 1966, in the vicinity

si Baces Hall, 1528 North Vermont, Los angeles, CaLitornia,

where a meeting sponsored by that

organization was being

held,

information has been developed indicating Adel Sirhan

had previously been employed as a musician at the Fez Res-

taurant, 1508 North Vermont, adjacent to Baces Hall. Full

details are being developed

with respect to this phase of

our investigation.

On June 9, 1968, a United Press International

release datelined Cairo made reference to the arrest of

one Soliman Sirhan by Iraqi authorities as an Israeli spy

alleging he was a brother of Sirhan Bishara Sirhan. Sirban's

mother, during an intensive interview by FBI Agents on June 10,

1968, volunteered she had heard this newscast and stated she

has only five sons, Sirhan, Munir, Sharif, Adel and Saidallah,

none of whom are living outside the United States. The

individual to whom the United Press International referred

was unknown to her.

Interviews are continuing with those individuals

who were in or near the Embassy Room at the Ambassador

Hotel during the evening of June 4-5, 1968. Several bave

NN 54999 DooId: 32989522 Page 232

---

## Page 233

ASSASSINATION OF SENATOR

ROBERT. F. KENNEDY

been located who were witnesses to the shooting of

Senator Robert f. Kennedy and who positively identity

Sirhan Bishara Sirhan as the individual who fired the

shots at Senator Kennedy. This phase of our investi

gation is being exhaustively pursued.

Additional significant developments will be

reported as they occur.

-

-

NW 34999

DocId: 32989522

Page 233

---

## Page 234

Mr. Rosen

conrad

Mr. Griffith

•u Mr.

Bohn

(Mx. Shroder)

6/11/68

PLAINTEXT

TELETYPE

DEFERRED

TO SAC LOS ANGELES

FROM DIRECTOR FBI

(56-156)

(62-587)

KENSALT

REURAIRTEL JUNE SEVEN.

WRITINGS ON INS FORMS AND CALIFORNIA HORSE RACING BOARD

APPLICATION ARE TOO LIMITID FOR ADEQUATE COMPARISON FOR

PURPOSE OF DETERMINING WHETHER ANY OF THE WRITERS OF SUBMITTED

ITEMS WROTE QUESTIONED HANDWRITING.

CERTAIN SIMILARITIES IN HANDWRITING CHARACTERISTICS WERE

NOTED IN WRITING OF SIRHAN SIRHAN AND SOME OF QUESTIONED

WRITINGS. EFFORTS TO OBTAIN ADDITIONAL KNOWN HANDWRITING

SAMPLES SHOULD BE CONTINUED.

LABORATORY REPORT FOLLOWS.

CEB: jP (6)

NW 54999 DocId: 32989522 Page 234

---

## Page 235

1

94'*

at .

19,

asce

667162#

No 40hs0a

cume

sir.

Staboy

Fullias

tant

AT. frOXtOr

WE WAL, THAILA

atta cospact to the kafarantion dealias +16a 7e8

Fiora naplogoost of Ritina disbarA ELEkAS 18 tie Grosja

Vista col

120

JAPA HE LAROUS,

4311108218.

fact

01 tor

Roptaster, 1900, this

tant

not suntalaed in lie tenurandus

surese as june 7,

apinion di duty one twlividaal sad did sur

fros salariatios previoualy laruistod

acosedaaaly, in fan haterest of brevity

1a booping

303 B

roprated.

2A200€ L1*0

1704917269'18

contarains

too anterial which vas actalrai

passiona flickly trial,

Kota CAN

intenanior colliera, coples al lis

Kantansed June 7,

10ts, by lialoA to COCATE

ATHLETE

STAy is the niterHoe di jun I, lick, the lavoratory

LAO ANNATAILEAILON DIVIALIN IDE JEORIASIOS IUE LENADE DESIA.

The Identillention sivinios carplatoe lts axesiration tate su

Jun 7,

106S, the evidence was raturard lanellataly to lon

SASHIDS

and at 10:26 5-0., Los saratos stes, 1000 10, 1168,

the UntorIal 7as turaed

Manpart

11770108,

UTL:

191PHM

down.

sur antonintlod. At this time the Bureau does

not possess any physical evidence resulting from investigation

of this case.

24: 125

125)

NW

54999

BoOId: 32969022

Page

230

---

## Page 236

orid соки но. 10

B110719149

3010-104

SA GEN. REG. NO, 2

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. DeLoach

DATE:

June 10,

1968

1

FROM : A. Rosen

Tolson

DrLorch

Mohr

Bishop

Cooper

Collahan

Contad

Feil.

Gale

Rosen

Sullivar

Tovel

Trolter

mele. Roo

1 11% Holmes .

1

SUBJECT: ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

MT.

Mr.

MI.

HI.

DeLoach

Rosen

Malley

Shroder

Schutz

-

Mr.

HicGowan

Bishop

- Mr. Gonzad

1

161 Mr.

I6AI

-

At.

Gale

Sullivan

Mohr

Trotter

In connection with our investigation into the

assassination of Senator Robert F. Kennedy, there is attached

for approval a memorandum for the White House with copies for

the Vice President and the Department.

In summary, we indicate interviews with individuals

in the area have determined that Sirhan Bishara Sirhan, who

has been charged by local authorities as the assailant, was

seen alone in the Ambassador ball room immediately prior to

the shooting. One witness viewed the actual shooting. It

was further determined that Sirhan earlier in the evening on

June 4, 1968, met a casual acquaintance and gave no indication

during

this meeting that he planned such an act. Results of

our interview with a Communist Party member, an acquaintance

of Sirban, is also set forth.

This individual, Walter S. Crowe, JX.,

unequivocally states Sirhan was not a Communist Party member.*

Additional facts relative to the so-called girl in the polka

dot dress are likewise set forth as well as the results of

the Los Angeles Police Department's ballistics tests which

show that the murder gun fired the lethal bullets found in

Senator Kennedy's body from a distance of from 2" to 6".

Facts relating to the order by the Superior Court in Los

Angeles prohibiting the release of statements, documents,

exhibits or evidence are also reported.

Of significance is the fact investigation indicates

Sirhan was seen taking target practice at the San Gabriel

cun Club, Duarte, California, on June 4, last.

This information

is set forth in the attached

memorandum.

Two otber individuals

were seen at the gun club.

One an unidentified female, husky

build, shoulder-length blond hair, and an unidentified

male

companion were at the range at the same time. The range officer

indicated Sirhan and the female may possibly have been acquainted.

This phase of our investigation is being pressed vigorously and

under the circumstances, because of the incomplete facts on hand,

information relating to

the other individuals at the range does

the ouse

not appear in the attached memorandum.

Enclosures

*or a member of the

HAS/1rk

(13)

CONTINUED - OVER

W. E. B. Du Bois Clubs

of America

NN 54999 DooId: 32989522

Page 23g

---

## Page 237

Rosen to DeLoach Memorandum

RE: ASSASSINATION OF SENATOR

ROBERT F. KENNEDY

ACTION

(1) Attached is a letterhead memorandum for the

White House with copies to the Vice President, the Attorney

General, the Deputy Attorney General, and the Civil Rights

Division.

(2) An all-out investigation is continuing in order

to fully develop all facets of this case.

NW 54999 DocId: 32989522

Page

• 237

---

## Page 238

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGION, D.C. 20535

In Reply, Please Refer to

File No.

June 10, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

In our continuing investigation to trace the activities of Sirhan

Bishara Sirhan immediately prior to the shooting of Senator Robert F.

Kennedy, several witnesses have been located who observed Sirhan in

the ballroom of the Ambassador Hotel moments prior to the assault.

One witness, Edward Minasian, employee at the Ambassador Hotel,

observed the actual shooting. None of the witnesses interviewed observed

Sirhan in the company of any other individual.

A casual acquaintance of Sirhan's, Gaymoard Mistri, Pasadena,

California, when interviewed related he had a chance meeting with Sirhan

at approximately 6:10 p. m., Pacific Daylight Time, on June 4, 1968, at

a Pasadena restaurant. He claimed to have been with Sirhan until approxi-

mately 7:30 p. m., Pacific Daylight Time. During this period, Sirhan

gave no indication whatsoever of his intentions to commit the action that

followed several hours later. In fact, he invited Mistri to engage in a

game of pool and gave no indication that there would be a time limit or

that he had a subsequent engagement.

Walter S. Crowe, Jr., an admitted member of the Communist

Party, acknowledged an acquaintanceship with Sirhan, having last been

in contact with him on May 2, 1968. Crowe stated Sirhan was not a

member of the W. E. B. DuBois Clubs of America nor was he a member

of the Communist Party. Crowe considered Sirhan "erratic" in his

political philosophy since he politically favored movements that are con-

sidered by the general populace to be left of center; however, definite

phases of his thinking were to the right of center, particularly on the

subject of the State of Israel.

It has been reported by the Los Angeles, California, Police

Department that a ballistic examination has proven that the bullet removed

from Senator Kennedy's head had definitely been fired by the murder

weapon at a distance from two to six inches.

NW 54999 DooId: 32989522 Page 238

---

## Page 239

...

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

Information was developed by our Los Angeles Office to the

effect that Sirhan has been identified as engaging in target practice with

a. 22 caliber pistol on June 4, 1968, at the San Gabriel Valley Gun Club,

Duarte, California.

Sandra Serrano, aged 20, who appeared on television imme-

diately after the shooting was interviewed in detail relative to her state-

ment that she heard shots and then saw a man and woman running from

the scene of the shooting. According to Serrano, as the woman who wore

a polka-dot dress ran by her she yelled "We shot him - we shot him." An

on-the-scene examination of the area in the presence of Serrano indicates

she was across the ballroom at least 140 feet from the scene of the shoot-

ing and at the time there were approximately 1, 500 people in the ballroom.

Detective C. J. Hughes, Los Angeles Police Department, advised in his

opinion it would have been physically impossible to hear a . 22 caliber

pistol being fired at a location where Serrano claims to have been,

pointing out many other individuals much closer to the shooting who were

inside the ballroom had not heard the shots. This phase of our investi-

gation is continuing.

On June 7, 1968, Judge Arthur L. Alarcon, Superior Court,

Los Angeles, California, issued an order prohibiting the release of any

extra judicial statements, documents, exhibits or evidence so as to

insure there be no interference with the constitutional right of Sirhan to

a fair trial.

-

- 2 -

NW 54999 DocId: 32989522 Page 239

---

## Page 240

PLAINTEXT

TELETYPE

1- Mr. Grikilg/68

l - Mr. Bohn

DEFERRED

TO SAC, LOS ANGELES (56-156)

FROM DIRECTOR, FBI

KENSALT

REURAIRTEL JUNE SEVEN.

WRITING ON RESIDENCE STATEMENT OF SIRHAN IS TOO LIMITED

AND NOT SUFFICIENTLY COMPARABLE FOR PURPOSE OF DETERMINING

WHETHER SIRHAN WROTE ANY OF QUESTIONED WRITING. SOME

SIMILARITIES IN HANDWEITING CHARACTERISTICS WERE FOUND.

AS SOON AS ADDITIONAL KNOWN HANDWRITING SAMPLES ARE

OETAINED FURTHER COMPARISONS WILL BE MADE.

CEB Na 167

210M

NW 54999

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Page 240

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## Page 241

OPTIONAL FORM NO, 10

MAY 196Z EDITION

5010-106

GSA GEN. REQ. NO, 27

UNITED STATES GOVERNMENT

Memorandum

TO

: hr. BaLoach

FROM : A. Rosen

SUBJECT:

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

DATE: June 7, 1968

-

hir. DeLoach

hir.

Rosen

NiC.

Malley

hir.

Shroder

tir.

Schutz

Mr.

McGowan

hr. Bishop

Tolson.

DeLoach

Mohr -

Bishow

* Contadi

Felt -

Gale -

Rosen -

Sullivan -

Tavel -

Trotter -

Tele. Room

Holmes -

Gandy -

1-

hix. Gale

Mc. Sullivan

Hr. Mohr

Hr. Trotter

Attached for approval is a memorandum

to the White

House with copies to the Vice President and the Department

sumnarizing developments relating to the assassination o

Senator Robert I. Kennedy. Enclosed with the memorandum are

copies of naterial found

by FBI Agents and Los Angeles

police officers in a search of Sirban Bishara Sirhan's room.

This material relates to nocations possibly by Sirhan threaten

ing in nature against President Johnson, Senator Kennedy and

Ambassador Goldberg.

Of significance is one statement that

'Robert F. Kennedy must be assassinated before 5 June 68."

In summary, the attached memorandum to the White

House briefly sets forth results of additional inquiries

into Sirhan's background, interviews with his brothers and

the fact that we have insullicient samples of Sichan's nown

handweiting specimens to identily the notations appearing on

the above referred-to naterial. Additional specimens are

With respect to statements by Samuei W.

Yorty of Los Angeles that Sirhan is affiliated with the

VEB Dubois Clus, we advise that no inormation has been

developed to establish this fact at this time.

The following details do not appear in the letter.

head memorandum,

Oze Terry Mickey Welch, a former exercise.

boy with the Granja Vista Dal Rio Thoroughbred Horse Farm

at Corona, California, where Sirhan was employed, was inter-

viewed by our Detroit Office and claimed to oy Sirhan well.

He last saw him during May of 1967 and advised while Sirhan

was, prior to his accident when he fell fron a horse in

septembar, 1965, good natured, popular, gentlemanly anc

ambiELous, he underwent a complete personality change

becoming quiet, aloof, unpredictable and a "loner."

Welch

alleges Sirhan, to his howledge, was anti-communist and

did not appear

to be prejudiced against race or nationality.

Enclosure

HAS: dig

(12) 148

CONTINUED - OVER

tica

54999 DocId: 32989522 Page

.241

---

## Page 242

bemorandum to kr. DeLoach

RE:

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

He named among individuals knowing Sirhas, T.V.

personalities Desi Arnez, Buddy Ebson and Dale Robertson

all of whom kept horses at Granja Vista Del Rio.

Of interest is the fact that the District Attorney

in Los Angeles County, who is prosecuting Sirhan, is Evelle

Jansen Younger, a former Bureau Agent.

Younger entered on

duty December 9, 1940, he was placed on leave without pay

for military purposes

May 2, 1942, and submitted his voluntary

resignation elective 12/5/45, as he did not desire to return

to active duty. His services were satisfactory.

ACTION:

(I) Attached for approval is a letterhead nemorandum

for the White House with copies to the Vice President, the

Attorney General, Deputy Attorney General, and Civil Rights

Division.

(2) In view of the tack that the material found

in Sirhan's room bearing threatening notations lie of direct

interest to the Secret Service, CIA and the State Department,

ti approved, copies of this material will be made available

to these agencies.

(3) 411 phases of this investigation are baing

pressed to the utmost..

+42552307

-20

NW 54999 . DocId: 32985522 Page 242

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## Page 243

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

MASHINGTON, D.C.

20535

In Reply, Please Refer to

File No.

June 7, 1968

ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES,

CALIFORNIA

Intensive investigation is continuing in order to determine the

complete circumstances surrounding the shooting of Senator Robert F.

Kennedy by an individual who has been charged by Los Angeles,

California, authorities as'his assailant, Sirhan Bishara Sirhan.

School records in Pasadena, California, described Sirhan prior

: to 1963 when he graduated from John Muir High School as "friendly, co-

operative, well mannered, has adjusted very nicely to his new environ-

ment and making many new friends. " Continuing investigation into Sirhan's

background indicates, according to his brother Sharif Bishara Sirhan, the

assailant had little association or communication with the rest of the

family. He had few male associates and since his fall from a horse in

September, 1966, had been more withdrawn.

The FBI Laboratory has conducted an examination of the hand- -

-

writing appearing on papers found after a search of Sirhan's room in the

Pasadena family home which bore notations advocating the overthrow of

the President of the United States and other statements alluding to the

necessity of assassinating Robert F. Kennedy. The handwriting could not

be identified as Sirhan's because of the lack of adequate known handwriting

samples. Additional samples of Sirhan's known handwriting are being

obtained for comparison purposes.

A copy of this material is attached.

Investigation is continuing in an effort to account for Sirhan's

activities directly prior to the shooting of Senator Kennedy. Individuals

who were in attendance at the ballroom in the Ambassador Hotel at the

time of the shooting are being located and interviewed in detail. Two

NW 54999 DocId: 32989522 Page 243

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## Page 244

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

witnesses, Humphrey Cordero and Enrique Rabago, identified Sirhan as

being at the Ambassador Hotel at approximately 9:30 p. m., Pacitic

Daylight Time, on June 4, 1968, at which time Sirhan is alleged to have

made derogatory comments regarding "rich people" in general and

Senator Kennedy in particular. It was alleged Sirhan stated that

Senator Kennedy was going to 'buy the presidency" for personal purposes,

and that he (Sirhan) was looked down upon because of his clothing. Both •

Cordero and Rabago were of the opinion based on their conversation with

Sirhan that he had come to the Ambassador Hotel alone since no one •

appeared to be accompanying him during their approximate ten-minute

conversation with him.

Three of the five individuals who were wounded during the

shooting were interviewed, but none observed the assailant. The remain-

ing two who were more seriously wounded will be interviewed as soon as

their condition permits.

Mayor Samuel W. Yorty, Los Angeles, California, was reported

, the W. E. B. DuBois Clubs of America. The Los Angeles Police Depart-

ment advised that on January 16, 1966, a vehicle registered to Sirhan's

• brother Adel was observed in the vicinity of Baces Hall, Sunset and

Vermont, Los Angeles, California, where a meeting sponsored by the

W. E.-B. DuBois Clubs of America was being held.

FBI files based on available data failed to establish Sirhan was

a member of such an organization.

A reliable source has indicated that Dorothy Healy, Los Angeles

Communist Party leader, has stated the assassin is unknown as a member

.of the W. E. B. DuBois Clubs of America in the Los Angeles area. The

W. E. B. DuBois Clubs of America is a Marxist-orientated youth organi-

zation whose leaders in 1967 were Communist Party, United States of

America, members. It was indicated that the Communist Party, United

States of America, intends to issue a press release denying Sirhan has

had any connection with the Communist Party and, in fact, is considering

a legal suit against Mayor Yorty with respect to his allegations.

÷2 -

54999 DocId: 32989522 Page 244

---

## Page 245

ASSASSINATION OF SENATOR ROBERT F. KENNEDY

FBI Agents, on June 5, 1968, located a 1956 DeSoto registered

to Sirhan Sirhan at Wilshire Boulevard and New Hampshire Avenue a few

blocks from the Ambassador Hotel. An examination of this vehicle, after

a search warrant was obtained, resulted in the location of one empty box

of. 22 caliber bullets in the glove compartment. In addition,.

a sales

receipt was located in the glove compartment showing the purchase of

four boxes of . 22 caliber bullets for $3. 99 paid for in cash on June 1, 1968.

A wallet containing identification in the name of Sirhan Sirhan was also

located in the glove compartment.

Enclosure

-

NW 54999. DocId: 32989522 Page 245

---

## Page 246

I please pay

plea

/May 18 9.45 AM-68

my dater menation to ernierte

to the

Order more the

unnatade absensen

patrimie

We, aunt le concerned famousl

must be arasiteet

1% Kenner meet econditialed

'ancinated beta 5 June 6i

Ratine is ferdy anted

00

NW: 54089. DocId:32989522 page 24

---

## Page 247

3

the socalled presidint of the

Unites states of America nust be advised

ot their purishments for their tron

treasonable crimes against the th

the state more

en we belinatal

bullets

by an asassins buset

new car

a new new musling

A l must by a remitem tangel

tonight tonight on t

tonight het me dongk

LEonight Come

ips must

NW 54999 DocId: 32989522 "Page 247

---

## Page 248

salineislone

sodesione

stone. store

Tom.

Eleven

Dollars-

Entod la like. to come

Doller sould You

¡tust die deccon

solue de meet

die dec necatlicaiport-

o stone

Stone sader goldberg must die

Dive thank you

Hone goldberg must be léiminitil- Stone

s thork you stone

Fine DtoneS IRHAN IS AN ARAB

Di firhaw goo you you you

HRAN ARAB yoU

you)

ARAB

-

Sip.ti

ssirhan

sirkon

NW 54999 DocId: 32989522 Phge 248

---

## Page 249

1

+55

Kennest ta Kennedy

please pay to the oath of sher mint tall

the amount of sihen Dirhow and do Not

+ to become on

he porder Senator R. Kennedy

second group of American Darlars-

munt

Twist.

We beliene that robat I. Kenedy must

be sacrificed for the cause of the

po poor exploited people

the beliene that we ep can effect

such action and produce such resulte-

One wonders what it feels like to do any

assisination. that might do some

illegal work—

fliese pay te

I believe that I can effect the

death of BatT. Allisinh

G

Terred

NW 54999 DocId: 32989522-Page -Page245

---

## Page 250

-

intentional-us-extentional."

connotation us. devotation.

implisit. Equality before and after the law

advocate the overthrow of the

cument president of the fucken tmled

states of america, o have no absolute.

says that she is the best counte

yet- The US-Has thatlife in

No bie a l amerina supposedly

liked in

slow society so hon

can he tell if it is good on bad—

int his goat patting wards in his

declinthe Re atipia

NW 54999 Docid: 32989522 "Page 250

---

## Page 251

he that what me are diing in

with it leaders-and bedare

- gout

Went That

T111

ded

he get in power they to tags wor

NW 54999 DocId: 32989522 Page 251

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## Page 252

U. S. TREASURY DEPARTMENT

INTERNAL REVENUE SERVICE-DISTRICT DIRECTOR

300 MORTM LUS ANGELES STREET

LOS ANGELES, CALIFORNIA 90012

RFK: Must be dispose of like his brithir wirs

POSTAGE AND FEES PAID

INTERNAL REVENUE SERVICE

46

nacionar.

E -

D- 680606001 Q4 AT

INDORATONY —N

54999

DocId: 32989522 Page 25

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## Page 253

OPTIONAL FORM NO. 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO. 27

UNITED STATES GUVERNMENT

Memuründum

Tolson -

DeLoach!

Mehr

Bishop

Casper

Callahan

Coprad I

'elt -

TO

Mr. DeLoach

FROM : A. Rose

SUBJECT:

ASSASSINATION OF O

SENATOR ROBERT E

O KENNEDY

LOS ANGELES, CALIFORNIA

posed goo!

DATE:

June 7,

1998

hx. Deloach

fix. Rosen

Mailey

Shroder

HE.

Schutz

McGovan

Mi. Bishop

Mx®

0030

hit.

hike

Sullivan

Pavel -

Trotter -

Tele. Room

Holmes -

Gandy

Gale

Su112van

Molr®

Trotter

Attached for approval is a momorandum to the White

House with copies to the Vice President and the Department

summarizing developments relating to the assassination os

Senator Robert F.

Kennedy.

Enclosed with the manorandum are

copies or material found by FBI Agents and Los Angeles

police officers in a search of Sirhan Bishara Sirhan's room.

This material relates to nosationg possibly by Sirhan threaten.

3ng in nature against President Johnson, Senator Kennedy sad

Ambassador Goldberg.

Of signiticance is one statement that

'Robert I. Kennedy musi be assassinated vore

• 5 June 68. "

In summary, the attached memorandum to the White

House briesly sets forth resulis of additional inquirios

into Sichan's background, interviews with his brothers and

the lack that we have insufficient samples of Sirhen's norn

handwriting specimens to identify the notations appearing on

the above referred to material.

Additional specimens are

being obtained.

With respect to statenents by Samuel W.

Yorty of Los Angeles that Sirhan is affiliated with the

WEB Dubois Clus, ve advise that no inormation has been

developed to establish this fact at this time.

The following details do not appear in the letter

head memorandum.

One Terry Mickey Welch, a former exercise

boy with the Granja Vista Del Rio Thoroughbred Horse Farm

at Corona, California, where Sirhan was employed, was inter

viewed by

our Detroid Office and claimed to low

sirhan well.

He last saw him during May of 1967 and advised while sirhan

was, prior to his accident when he fell from a horse in

september,

1966, good natured, popuiar, gentlemnly and

ambitious, he underwent a complete personality change

becoming quiet, 81oo1, unpredictable and a

• "Jones,"

Welch

alleges Sirhan,

to his I owledge, was anti-communist and

did not appear to be prejudiced against race or nationality.

Enclosure Sant

FAS: dig

6-14-68

.269

(12) 14)

CONTINUED OVER

JUN 12 1968

5-68

NW 54999 DocId: 32989522 Page 253

PEAS NEC. UNTI

---

## Page 254

6050-1

• 5752

slatess

Hamorandum to lis. Delosch

RE: ASSASCINATION OF

SENATOR ROBERT E. KENNSDY

He naned anong individuals knowing Sirhas, t.v.

personalities Desi Arnez,

Buddy Ibson and Dale Robertson

all of whom kept horses at Granja Vista Del Rio.

os interest is the lace that the District Attorney

In Los Angeles County, who is prosecuting Sirhan, is Evelle

Jansen Younger, a former Bureau Agent.

Younger entered on

auty December g, 1940, he vas placed

on leave without pay

for military purposes

reSigURGION exteCtIve 12/5/45, as

12/5/45,

1942, and submitted his voluntary

he did not desire to return

to active duty. Ils services were satisiactory.

ACTION:

(1) Attached for approval is a letterhead memorandum

for the White House with conies to the Vice President, the

Attorney General, Deputy Attorney General, and Civil Rights

DIVISION.

(2) 2 rew of the tact that the naterial found

in Sirhan's roon bearing threatening notations is of direct

Interest to the secret service, CiA and the state Department,

I approved, copies of this material will be made available

to these agencies.

(3) A18 phases of this investigation are being

pressed

so the utmost.

-

_NW54999 DocId:32989522

Page 254.

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## Page 255

PLAINTEXT

June 7, 1968

1 - Mx.

Shroder

• Mr. Schutz

TELETYPE

TO SAC, LOS ANGELES

FROM DIRECTOR, FBI

KENSALT

IMMEDIATELY SUTEL RESULTS OF INTERVIEW WITH NEC REPORTER

SANDER VANOCUE AND SUMMARY OF INVESTIGATION CONDUCTED TO LOCATE

THE WOMAN WHO ALLEGEDLY SAW SIRHAN AT THE AMBASSADOR HOTEL.

ALSO SUTEL RESULTS OF ANY BALLISTIC TESTSMADE ON THE

REVOLVER AND ANY BULLETS TAKEN FROM SENATOR KENNEDY'S BODY OR

OTHER VICTIMS. ALSO ADVISE IF EXAMINATION MADE OF "SPENT BULLETS"

FOUND IN SUBJECT'S CAR WITH THE MURDER WEAPON. IMHEDIATELY

CLARIFY IF BULLETS ARE ACTUALLY CARTRIDGE CASES.

IN ADDITION SUTEL WHETHER SIRHAN'S FINGERPRINTS FOUND

ON MURDER WEAPON.

RIS: ctj

(5)

f.192:И

NW 54999

DocId: 32989522

Page 255

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## Page 256

TELETYPE

L_I - Mr. Rosen (Mr. Shrodes) *Mr. Baba

JD Mr. Connai

(Mr. Trimbach)

• MI. Gritsith

6/6/68

PLAIN TEXT

CHGENT

TO SAE LOS ANGELES (58-188)

FROM DIRECTON, PEL

HENSALT.

RRURAIRTEL JUNE FIVE LAST.

AVAILABLE INDEN HANDHIITINO OF SISTAN DISHARA

GIAHAN CONSISTS ON FINGERPRINT CARD SIGNATURE ONLY. THIE I NOT

ADACUATE FOR PURPOSES OF DETERMININO WHETHER SIRMAN WACTE

ANY DF GUESTIONED HANDWRITINO ON EUENITTED MATELLA. MANY

OY CURETIONED PHITINGS APPEAR CONESTENT WITH LACE OILER AND

IN ALECUATE KNOWN HANDVLITING SAMPLES CAN IL OBTAINKO A

SUITABLE COMPARISON MAY BE CONDUCTED. MANY OF TAK WITINGE

CONSIST OF ARABIC AND HUSIAN, EVENT EFTORI SHOULD EI MADE

TO OSTAIN COMPARABLE ANORN RANDWBITING EAMPLES YOG

COMPARISON WITH CUASTIONED FRITING.

YOU WILL BE ADVISED SEPARATE LI CONCERNNO YOUR

REQUESI POA LATENT FINOURPRINT ELAMINATION AND TRANSUATIONS

OF THE ARABIC AND RUSHIAN WUTINGS.

CEB:mb (7)

NW 54999 DocId: 32989522

Page

256

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## Page 257

TELETYPE TO LOS ANGELES

KENSALT

SUBMITTED NOTEBOOK CAPTIONED "PASADENA CITY COLLEGE"

CONTAINE FOLLOWING INFORMATION OF POSBIBLE VALUE. ONE

OF PAGES CONSISTS OF AN UNDATED LETTER WRITTEN IN ARABIC

APPARENTLY TO HIS MOTHER IN WHICH HE SENDS HER TEN DOLLARS

TO BUY POSTAGE STAMPS FOR LETTERS SHE WILL WITE TO HIM.

AND MAINLY FOR THE ENVELOPE AND NEWSPAPER OR MAGAZINE

OF THE ROBECRUCIANS AND PACKAGES. HE BAYS HE IS WAITING

FOR THE CHECK FROM THE U. S. IRRASURY, HE STATES HI HAS

WRITTEN HIS ADDRESS ON THE ENVELOPE AND SHE IS TO USE IT

ONLY TO MAIL THE LETTERS AND FOR HER NOT TO REVEAL TO

ANYONE HIS WHEREABOUTS. A EECOND PAGE CONTAINS ARABIC

WORDS "HOTEL ONE EICHT SEVEN NINE" WITH THE NAME "ROGERS"

WRITTEN IN ENGLISH AFTER THIS NOTATION. VARIOUS PAGES

ALSO SHOW NAMES AND ADDRESSES: MISS PEGGY OSTERKAMP,

ONE THREE TWO NINE ZERO ARCHIBALD AVENUE, CORONA,

CALIFORNIA EIGHT ZERO ONE ONE THREE. HER ADDRESS ALDO

SHOWN AS LIGHT ZERO THREE TWO SEVEN (NO STREET), TWO

SEVEN ONE FOUR TWO (NO STREET), SIX NINE SIX E. HOARD STREET,

TWO SEVEN ONE SEVEN N. ARCHIBALD AVENUI AND TWO SEVEN

SEVEN TWO N. ARCHIBALD; MISS GWENDOLINE GUM, ONE ZERO

ZERO NINE NINTH AVENUE, ARCADIA, CALIFORNIA.

NW 54999 DOCId: 32 ABORATORY EXAMINATION CONTINUING.

---

## Page 258

Shingder

I. Cond

(Attn: Mr. Griffith)

TELETYPE

JUNI

1968

PLAINTEXT

URGENT

TO:

SAC LOS ANGELES

PERSONAL ATTENTION

FROM:

DIRECTOR

KENSALT.

THIS WILL CONFIRM FOLLOWING INSTRUCTIONS ISSUED TO

ASAC ROGGE TODAY. COMPREHENSIVE REPORT MUST BE PREPARED

AND RECEIVED AT THE BURBAU BY NINE A. M., EDT, JUNE TEN NEXT.

SUBMIT TWENTY COPIES AND INSURE THERE IS AN INDEX.

ADMINISTRATIVE PROCEDURES MUST BE INSTITUTED TO

INSURE THAT THERE IS APPROPRIATE INDEXING OF ALL PERTINENT

NAMES RESULTING FROM YOUR INVESTIGATION.

THE MATERIAL OBTAINED FROM SUBJECT'S ROOM CONTAINS

NUMEROUS INVESTIGATIVE LEADS WHICH SHOULD BE RUN OUT

IMMEDIATELY. HANDWRITING EXEMPLARS OF SUBJECT SHOULD BE

OBTAINED TODAY AND SUBMITTED TO LABORATORY 8O APPROPRIATE

EXAMINATION CAN BE MADE OF HANDWRITING APPEARING ON

MATANAL OBTAINED FROM TURFACTS ROOM, THE MATERIALCON

TAINS NUMEROUS ARABIC NOTATIONS, REICH ARE BEING TRANBLATED

AAHP

RIS:hcs

(5)

BECE ДЕВ - СОИВТО

NW 54999 DocId: 32989522 Page 258

---

## Page 259

TELETYPE TO LOS ANGELES

RE: KENSALT

AT THE BUREAU AND YOU WILL BE ADVISED.

YOUR INVESTIGATION CONCERNING KENSALT SHOULD BE

CONDUCTED IN A MOST EXHAUSIVE MANNER WITH PARTICULAR

EMPHASIS DIRECTED TOWARD ESTABLISHING WHETHER SUBJECT

ACTED IN CONCERT WITH OTHERS. YOU SHOULD IMMEDIATELY RUN

OUT ALL FACETS OF SUBJECT'S BACKGROUND INCLUDING RESIDENCE,

NEIGHBORHOOD, EDUCATION, EMPLOYMENT, RELATIVES, ASSOCIATES,

AND ASSOCIATION WITH SUBVERSIVE, ETHNIC OR RACIAL GROUPS.

INTERVIEW REPORT FORMS SHOULD BE USED FOR INTER-

VIEWS CONDUCTED AND AUXILIARY OFFICES SHOULD SUBMIT

INTERVIEW REPORT FORMS OR INSERTS TO YOU FOR INCLUSION IN

A REPORT. ALL LEADS SHOULD BE SET OUT BY EITHER TELEPHONE

OR TELETYPE AND THE BUREAU SHOULD BE ADVISED IMMEDIATELY

OF ALL PERTINENT DEVELOPMENTS.

2 -

NW 54999 DocId: 32909522 Page

259

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## Page 260

surend's

• OPTIONAL FORM NO, 10

5010-106

NSA DEN. KEG. NO

SEG. NO, 27

U'NITED STATES COVERNMENT

iMemorandum

1115

TO

: Mr. DeLoach

FROM

: A. Rosen

Tolson

DeLoach

Mohr -

Bishop

Casper

Callahar

Conrad

Felt -

Gale -

Rosen -

Sullivan

Tavel -

Trotter -

Tele. Room

Holmes -

Gandy -

SUBJECT: ATTEMPTED ASSASSINATION OF

SENATOR ROBERT F. KENNEDY

LOS ANGELES, CALIFORNIA

JUNE 5, 1968

DATE: June 5, 1968

1 - Mr. DeLoach

I - Mr. Rosen

1 - Mr. Malley

1 - Mr. Shroder

1 - Mr. Schutz

1 - Mr. McGowan

1 - Mr. Bishop

1 - Mr. Sullivan

1 - Mr. Mohr

1 - Mr. Trotter

Our Los Angeles Office has advised that a telephone call was

received from one Ronald R. Huntley,, 2902 Last Burnside, Portland,

Oregon, this morning. Huntley stated that he saw a picture of Kennedy's

assailant on television this morning and recalled that he had seen this

same individual in Portland, Oregon. According to Huntley, after the

votes had been tabulated on the evening of 5-28-68 Senator Kennedy visited

Senator McCarthy's campaign headquarters at the Benson Hotel, Portland.

A crowd was around Senator Kennedy and Huntley says that the individual

whose picture was on television this morning was very close to Kennedy

and, in fact, he (Huntley) pushed this individual away from Kennedy. At

the time he did this he felt an object on this individual which he

dor the police department.

a pistol. Huntley did not report this to Senator Kennedy, any of his stares

Huntley states that the individual whom he describes as Kennedy's

assailant was accompanied by another individual described as of Latin

appearance, 5'4" tall, stocky build, 23 to 25 years of age, and with dark

brown hair. Our Portland Office has been instructed to immediately inter-

view Huntley and obtain full details concerning his alleged observations.

All facets of this phase of the investigation will be completely checked out.

Our Los Angeles Office has been instructed to conduct an all-out

investigation into this matter and upon identifying the subject, to completely

check out every bit of his background. Instructions were also issued to

begin the preparation of a comprehensive report concerning our investi-

gation; however, in the interim the Bureau should be kept advised of all

pertinent developments by telephone followed by teletype confirmation.

Our Los Angeles Office has arranged with the telephone company

to have a direct line to the hospital where Kennedy is confined so that we

will be aware of any changes in his condition or prognosis.

RIS:hcs

(11)

CONTINUED - OVER

NW 54999 DocId: 32989522 Page 260*

:.:

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## Page 261

Memorandum to Mr. DeLoach

Re: Attempted Assassination of

Senator Robert F. Kennedy

The 1958 Chrysler registered to Robert Gene Gendroz will be

thoroughly processed for physical as well as fingerprint evidence; however,

the local police desire to obtain a search warrant prior to conducting any

examination. They are attempting to contact a magistrate to obtain the

search warrant. Any pertinent evidence developed from an examination of

this car will be flown to. our Laboratory for examination. There is no stolen

report on this car in the Los Angeles area.

Pierre Salinger called the office and advised that Senator Kennedy

is out of surgery, the extent of his injuries will not be known for a couple of

I days; however, the doctors are optimistic.

ACTION:

This is submitted for information.

pam.

-2 -

LN 54999

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Page 201

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## Page 262

FEDERAL BURKAU OF INVESTIGATION

POSTPONEHKNT INFORHATION SHEET (JFK MATERIALS)

2½ page(s) withheld entirely at this location in the file.

one or more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassination

[] Subsection 1A (intelligence agent's identity)

[]

[]

Subsection 1B

(intelligence source or method)

Subsection 1C

(other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[]

Subsection 2

(living person who provided

confidential information)

[]

Subsection 3

(unwarranted invasion of privacy)

[] Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[] Subsection 5

(security or protective procedure,

currently or expected to be utilized)

[]

[]

[]

Information pertained to a matter unrelated to the JFK

Assassination investigation.

For your information:

FOLA

The following number is to be used for reference

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MY 54999 DocId: 32989522 Page 262

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Form DJ-151

(Ed. 4-26-65)

UNITED STATES GOVERNMENT

Memorandum

TO

: CORTLANDT CUNNINGHAM

DEPARTMENT OF JUSTICE

DATE: 10/6/17

FROM : MIKE RYAN, AUSA

SUBBCT: WEISBERG U. DEPT OF JUSTICE, et al.

Thaught you would le interested in

reading Quage Pratt's decision which will

he published in Federal tupplement. Thoukes

for all your help.

mide Ryan

NW 54999 DocId: 32989522

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## Page 264

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

Plaintiff,

Civil Action No. 75-226

U. s.

et al.,

DEPARTMENT OF JUSTICE

FILED

Detendants.

OCT -- 5 1977

MEMORANDUM OPINION

'AMES F. DAVEY, Clert

This matter is 'before the Court on 'defendahts' motion for summary

judgment. Plaintiff has brought suit under the Freedom

of Information Act

("FOIA"') to obtain materials relating to scientific and ballistics tests

alleged to have been performed on items of evidence in the assassination of

President John F. Kennedy. 5 U.S.C. 8 552(b)(7) (Supp. V 1975). The

defendants are the United States Department of Justice, to which plaintiff

has directed his requests for laboratory records of the Federal Bureau of

Investigation, and the United States Energy Research and Development Adminis-

tration ("'ERDA"), to which plaintiff has directed requests for records of

the Atomic Energy Conmission ("'AEC"), ERDA's predecessor agency.

ERDA's responses to plaintiff's interrogatories indicate that the

AEC's role in the investigation of the assassination of President

Kennedy was limited to making its reactor facilities at Oak

Ridge, Tennessee, available for FBI tests on assassination

evidence.

See generally Defendant ERDA's Responses to

Plaintiff's First

does not dispute this point; the only respect in which either

ERDA OI AEC figure in his recent submissions relates to the

FBI's alleged failure

Harold Weisberg, at 16; Letter from Dr. Paul C. Aebersold,

Director, Division of Isotopes Development, United States Atomic

Energy Commission, to Herbert J. Miller, Assistant Attorney General,

The AEC recommendations were conveyed to the fBI by counsel

for the President's Commission on the Assassination of President

Kennedy (Warren Commission), Letter from J. Lee Rankin, General Counsel,

to J. Edgar Hoover, Director, Federal Bureau of Investigation,

already "vell-acquainted" with the techniques propounded by the AEC,

Letter from J. Edgar Hoover to J. Lee Rankin (January 10, 1964).

There is no indication that the FBI followed the AEC recommendations

to the letter; indeed, the FBI special agent who conducted the type

of testing in question appears to have resented the AEC recommendation

NW 54999

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Although the Government's subnissions to the plaintiff have been

voluminous; plaintiff maintains that much of

what he has received

was

unsought, and that much of what he has sought has not been tendered to him.

The Government's position, on the other hand, remains, first, that it has

complied fully with plaintiff's requests'as to materials extant, and second,

that it cannot possibly comply with the remaining requests because the

materials sought do not exist.

In

moving for summary judgment, the Government bears the burden

of demonstrating

that no genuine issue of material fact impedes its right

to judgment as a matter of law.

Fed. R. Civ. P. 56(c); Bloomgarden v. Coyer,.

156 U.S. App. D.C. 109, 479. F.2d 201, 208. (D.C. Cir. 1973).• Although mere

assertions in the pleadings will not suffice to defeat a motion for summary

judgment, Dewey v. Clark, 86 U.S. App. D.C. 137, 180 F.2d 766, 770 D.С.

Cir. 1950); matters of fact are to be viewed in the light most favorable to

the party opposing the motion. Nyhus v. Travel Management Corp-, 151 U.S.

App. D.C. 269, 466 F.2d 440, 442 (D.C. Cir. 1972); Semaan v. Mumford, 118

U.S. App. D.C. 282, 335 F.2d 704, 705 п.2 (D.C. Cir. 1964).

I.

BACKGROUND OF THE ACTION.

Plaintiff's initial quest for

scientific investigatory data related

to the assassination of President, Kennedy was frustrated in the courts on

the ground

that the data sought lay within the purview of FOIA exemption

seven, covering investigative matter. Weisberg.v. United States Department

of Justice, 160 U.S. App. D.C. 71, 489 F.2d 1195 (D.C. Cir. 1973) (en banc),

cert. denied, 416 U.S. 993 (1974); see Act of June 5, 1967, Pub. I. No.

90-23, $ 1, 81 Stat. 54 (current version at 5 U.S.C. $ 552(b) (7) (Supp. V

1975)). Congress subsequently narrowed the scope of exemption seven, and

plaintiff renewed his requests. Act of Nov. 21, 1974, Pub. L. No. 93-502,

$ 2, 88 Stat. 1563, amending 5 U.S.C. § 552(b) (7) (1970). On July 15, 1975,

this Court dismissed the action as moot, and plaintiff took an appeal.

panel of

the United

States Court of Appeals for the District of Columbia

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Circuit reversed, and remanded for further

proceedings.

Weisberg v. United

States Department of Justice, 177 U.S. App. D.C. 161, 543 F.2d 308 (D:C.

Cir. 1976). The Court of Appeals identified five categories of investiga-

tive tests as to which plaintiff had made demands "which raise material

factual questions still' in dispute." • Id. at 163, 543 F.28 at 310. As the

Court of Appeals noted, however, there remain other categories of tests,

such as the microscopic

examinations perforned on certain items of evidence,

as to which plaintiff asserts his requests have not evoked satisfactory

response. Id. at 164, 543 F.2d at 311. These categories, as well as the

five enumerated in the Court of Appeals opinion, must figure in considera-

tion of the motion for summary judgment. 'In addition to identifying several

of the factual areas

to be explored

on remand, the Court of Appeals specified

an exploratory technique, namely the taking

of

the testimony, by deposition

or otherwise, with an opportunity for cross-examination in any case, of

the

individuals who actually conducted the tests,

the results of which plaintiff

• has requested. Id. at 163, 164, 543 F.2d at 310, 311.

In February and March, 1977, plaintiff took the depositions of

four former and present employees of the Federal Bureau of Investigation

laboratory, all of whom worked directly with evidence associated with the

assassination. The four are Robert A. Frazier, employed as a special agent

in the laboratory's firearms and toolmarks unit during the investigation of

the assassination, and retired from the FBI

as of April 1975; John F.

Gallagher, assigned to the laboratory's spectrographic unit during the

investigation, and retired as of January 1975; Lyndal L. Shaneyfelt,

assigned as a documents examiner and photographic specialist for the

laboratory between 1955 and 1975, when he retired from the Bureau; and

Cortlandt Cunningham, formerly a special agent supervisor in the firearms

and toolmarks unit during the investigation, and presently chief of the

unit. Frazier and Cunninghan were deposed February 24, 1977, and Gallagher

and Shaneyfelt were deposed March 28, 1977. At each deposition save that

of former Special Agent Gallagher, examination was by plaintiff's counsel

TW 54999 DocId: 32989522 Page 269

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only, with occasionally interposed objections from counsel for the

defendants. At a hearing March 30, 1977, counsel for plaintiff indicated

that no further depositions of FBI employees who had participated in the

2/

Bureau's investigation were planned.

Weisberg v. United States Department

•of Justice, No. 75-226, II. at 4 (D.D.C.. March 30, 1977). These representa-

tions controvert the suggestion in an affidavit of the plaintiff that

"[this Court refused me the depositions my counsel and I consider necessary

to meet what I regard as the mandate of the court of appeals: . ."

Affidavit of Harold Weisberg " 165, at 34 (July 28,

1977) [hereinafter

"Weisberg Affidavit"]. Read broadly, the mandate of the. Court of Appeals

was to

resolve whether the data sought exist on "the basis of the best

available evidence, f.e., the witnesses who had personal knowledge of

events

at the time the investigation was made." 177 U.S. App. D.C. at 164,

543 F.2d at 311. Plaintiff has not sought to depose any such witness other

than the four whose depositions were taken.

To borrow the metaphor employed

by the Court of Appeals in its opinion above, the legal engine of cross-

examination has done its work on plaintiff's behalf with respect to witnesses

with direct knowledge of the FBI investigation into the President's assassi-

nation. 177 U.S. App. D.C. at 164, 543 F.2d at 311. The issue devolves

to what the evidence adduced in the four depositions establishes, and thence

to whether there now remains a genuine issue as

to whether the Government

has complied with the strictures of the FOIA.

II. THE EVIDENCE ADDUCED.

The testimony of all four deponents related

not only to specific

pieces

assassination evidence and the tests performed, or not

performed,

upon them,

but also

to the procedures, and occasionally lack of procedures,

employed

in those sections of

the FBI laboratory with which the deponents

2

Counsel had previously indicated he planned to depose plaintiff,

an employee of the National Archives, which has custody of the

evidence involved, and an FBI special agent who had not parti-

• cipated in the investigation but whose affidavit had constituted

part of

the Government's response to plaintiff's request.

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were familiar. These laboratory procedures bear significantly on the

question whether much of the material plaintiff seeks exists:

• Laboratory Procedures. The laboratory's Scientific Analysis

Section, was known at the time of the investigation as the Physics and

Chemistry Section; then, as now, the section comprised

several disparate

units, including the firearms and toolmarks unit, and the spectrographic

unit, which in 1963-64 was responsible for both emissions spectrography

and neutron activation analysis. Cunningham Deposition, at 4-5. During

the investigation of the 'Presidential assassination,'investigating agencies

in the field--the Dallas Police Department, the Secret Service, and the

FBI--forwarded the evidence to the FBI laboratory, in some instances directly

to the firearms and toolmarks unit. ' Frazier Deposition, 'at 5, 7-8;

Cunningham Deposition, at 8. Ordinarily, the evidence would be

accompanied

by a statement of the matters sought to be ascertained through laboratory

testing, as, for example, the presence of gunpowder

on a piece of

evidence.

Frazier Deposition, at 6, 8. The decision as

to the specific tests

to be

conducted, however, was made within the laboratory. Id. at 8-9; Cunningham

Deposition, at 8-9; Gallagher Deposition, at 26-27. The decisionmaking

process as to which tests would be appropriate apparently was highly

informal: in some cases, Frazier, the laboratory examiner with direct

responsibility for the Physics and Chemistry Section's efforts in the

investigation, conferred with his superiors on the tests to be performed,

Cunningham Deposition, at 8-9, and in others, he and the individual

examiners who would conduct the tests conferred

on which tests to perform.

Frazier Deposition, at 8; Gallagher Deposition, at

27.

In still other

instances, if

the individual examiner determined

that tests

outside his

domain were called for, he and

his supervisor

Frazier, in most

cases)

would

approach

examiners

in the other units with jurisdiction over the

requisitetype of testing. Cunningham Deposition, at 10; Frazier Deposition,

at 8-9; Shaneyfelt Deposition, at 14. Only rarely were these conferences

on tests to be performed recorded in communications between the conferees,

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or in notes made by one of them. Cunningham Deposition, at 10; Frazier

Deposition, at 8-9; Gallagher Deposition; at 27-28.

The tests determined

to be appropriate for a given item of

physical evidence typically were conducted by examiners working individually,

or under

the direct

supervision of the individual examiner. Cunningham

Deposition, at 10; Frazier t

Deposition, at 10. Three examiners in the

firearms and toolmarks unit collaborated on the testing within that unit,

all three having been present during all tests conducted by the unit on

assassination evidence, save a velocity test. Cunningham Deposition, at 53.

Several examiners tested items of evidence in the spectrography unit,

although they appear to have worked separately. Gallagher Deposition, at

7, 35-37..

Just as there was no established procedure for deciding which

tests were to be performed

on a particular

item of

evidence, there was no

requirement that test results

be expressed

in a particular format, or

expressed

at all if the results were insignificant.

In most instances,.

the

examiner

performing a test took notes during the testing.

Cunningham

Deposition, at 11; Frazier Deposition, at 10; Gallagher Deposition, at 38.

However, all deponents testified to not having made notes on results they

deemed insignificant or insufficiently reliable. Cunningham, for

example,

testified to his practice of making notes on a weapon's operating

condition

only if the weapon was not in normal working order. Cunningham Deposition,

at 21. Gallagher explained the absence of

observation data in a neutron

activation analysis folder by suggesting that he might have skipped the

step of noting down the readings and done the tabulations in his head.

Gallagher Deposition, at 61-62. He indicated

later that he did not report

a thirty percent variation in primer residue data between shells because

he did not consider the variation significant. Id. at 114. Shaneyfelt

testified that he had not submitted a report on the four frames allegedly

spliced out of the Zapruder film of the assassination because the film print

from which he had worked was complete. Shaneyfelt Deposition, at 21.

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What an examiner did with test results likewise varied. In many

instances, the examiner dictated a report on the tests conducted, either

for use on its own or for incorporation in a more comprehensive report

prepared by the examiner's superior. Frazier Deposition, at 11; Gallagher

Deposition, at 38. Gallagher, however, indicated. that he occasionally

submitted data directly to Special Agent Frazier who transmuted the figures

into prose. Gallagher Deposition, at 38. When the examiner himself pre-

pared the report, he did not always include in it all the results obtained,

as when the testing was done for "background purposes," Gallagher Deposi-

tion, at 57; when flaws in the testing itself cast the results in doubt,

see id. at fI, or when the results would simply not be of value, in the

examiner's judgment. Cunningham Deposition, at 47. In some instances,

the examiner's failure to make a report is unexplained.

See Cunningham

Deposition, at 33, 53; Gallagher Deposition, at 73-74.

After the report was prepared, one copy went into FBI files,

another went to the "original contributor" of the item of evidence on which

the report was based (generally the FBI's Dallas field office), and a third

went to the examiner or examiners responsible, for them to retain informally

with their notes

of the tests. Cunningham Deposition, at 11-12, 17;

Frazier Deposition, at 12, 15; Gallagher Deposition;,; at 86-87. Whether

the Warren Commission received the actual reports, and how the reports the

Commission received were transmitted, varied widely. Former Special Agent

Frazier recalled the "mechanics" of the process as being, first, that the

laboratory forwarded the report to the Dallas field office; next, that the

Dallas office incorporated the report into its report to the Commission,

and finally, that the latter report was transmitted to the Connission.

Frazier Deposition, at 19-20. In practice; however, there appears to have

been substantial, continuing and direct contact between laboratory personnel

and the Commission. Cunningham Deposition, at 49-50; Frazier Deposition,

at 20-21; Shaneyfelt Deposition, at 8. Frazier indicated that several

laboratory employees, whose identities he could not recall, served as

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liaison between the laboratory and the Commission.

Frazier Deposition, at

20. Cunningham stated

that he "generated some correspondence" with the

Commission every day during the laboratory's participation in the investi-

gation. Cunningham Deposition, at 51. Shaneyfelt indicated that his reports

went to the Connission via his section chief, and that he testified to the

Commission, either live or. by deposition, on all examinations he conducted.

Shaneyfelt Deposition,

•"In his affidavit of May 13, 1965, John Wi

Kilty, special agent assigned to the FBI laboratory in a supervisory capacity,

stated that plaintiff had been

told that all final FBI laboratory reports

in the pertinent categories of testing had been furnished to the Commission.

However, there apparently was io monitoring system known to deponents

to

10g

the transfer

final reports to the Commission, and

no custodian

within

the laboratory

to collect final laboratory reports.

Frazier Deposition,

at 68. It is clear, on the other hand, that not all examiners' observation

notes went to the Commission, the rule being that examiners retained

their

notes: except when the supervisor prepared a report directly from the notes.

Cunningham Deposition, at 47, 52-53; Frazier Deposition, at 15; see

Gallagher Deposition, at 73, 107. One instance of the latter occurred when

Frazier used Gallagher's worksheets to prepare a report on testing of a

bullet fragment; both the worksheets and the report went to the Commission,

though only Frazier appeared before the Commission. Frazier Deposition,

at 42-44; Gallagher Deposition, at 82, 84. Finally, neither observation

notes, worksheets, nor final reports were distributed among units within

the laboratory, absent a specific reason. Cunningham Deposition, at 12-13;

Frazier Deposition, at 15, 18. Forner Special Agent Gallagher testified

that even within the spectrographic unit one examiner's report on testing

would not necessarily, or even customarily, have been circulated among the

other examiners in the same unit. Gallagher Deposition, at 7-8. An

examiner who performed tests on a particular item of evidence thus might

be unaware whether other units within the laboratory had performed other

tests on the same item. E.g. Cunningham Deposition, at 22-23; Gallagher

Deposition, at 6-7, 26; Shaneyfelt Deposition, at 16.

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Tests Performed on Assassination Evidence. The Court of Appeals

opinion remanding this case for further consideration and

testimony adverts

to five areas of continuing factual dispute 1177 U.S. App. D.C. at 163-64,.

543 F.2d

at 310-11]:

(1) Final reports of spectrographic analyses;=

(2) Reports on neutron activation analyses of bullet fragments;

(3) Raw data of spectrographic and neutron activation analysis

tests;

(4) Neutron activation analysis of clothing; and

3/

(5) Emissions spectroscopy data and reports.

Plaintiff's opposition to

the motion for sunmary judgment identi-

fies nine specific areas of

testing, encompassed

within the five areas

enumerated by the Court of Appeals, in which plaintiff asserts the evidence

shows tests should have been, or were, conducted, yet concerning which

plaintiff has received no materials. These areas

are:

(1) Neutron activation analysis of clothing, Opp., at 7-8;

(2) Neutron activation analysis of windshield scrapings, Opp.,

at 8-9;

(3) Neutron activation analysis of 03, a bullet fragment dis-

covered beside the right front seat of

the Presidential

limousine, Opp.,

at 9;

(4) Print-outs for neutron activation analysis of Q3 and

other

specimens, Opp., at 9;

(5) Testing of the live round found chambered in the

Mannlicher-Carcano rifle determined to have been the

murder weapon, and comparison of said live round with

shells found at the scene, Opp:, at 9-10;

3/

The distinction between spectroscopic analysis and

spectrography herein should be deemed to encompass

spectroscopy where appropriate.

NW 54999. DocId: DocId:32989522 Page 272

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(6) Spectrographic testing of the curbstone supposed

to have

been struck by a bullet, a bullet fragment or fragments,

or other airborne debris during the moments of the

assassination, Oppo, at 10;

(7) Testing of the bullet holes below the collar button of

the shirt President Kennedy was wearing when he was

shot, Opp., at 10;

(8) A "formal report" prepared by Frazier on the basis of

Gallagher's comparison of windshield

scrapings with

other bullet matter, and alluded to in an exchange

between Commission counsel and Frazier during 'Frazier's

• testimony before the Commission, Opp:, at 10-11; and

4/

(9) Report

on neutron activation testing, Opp., at 1l.

As these differently organized catalogs of potential factual

issues indicate, there are numerous ways of approaching the factual aspects

of this case for

the purpose of determining whether they engender issues

of sufficient magnitude to defeat the motion for summary judgment.

What

follows is an

amalgam or

combination of the Court of Appeals' and plaintiff's

approaches, in that this discussion commences with general observations

on

firearms testing, spectrography, and

neutron activation analysis,

with

particular emphasis on each technique's capabilities and limitations, and

proceeds to consideration of testing on specific items of evidence.. It

should be stressed that the question throughout is not whether tests ought

to have been made, or even whether tests that actually were made should have

culminated in the preparation of reports, but simply whether there is any

genuine issue as to the existence of the reports and other materials

plaintiff Weisberg seeks.

Plaintiff does not indicate which item of evidence is

the subject of the allegedly extant report; the

reference will be construed hereafter as applying both

to the windshield residues discussed in the preceding

paragraph of the Opposition; and to the body of

assassination evidence as a whole.

-===

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Firearms Identification. Special Agent Cunningham's work with

the firearms and toolmarks unit of the laboratory's Scientific Analysis

Section has included the examination.of firearms and bullets to determine.

the source of particular bullets. Cunningham testified that the process

commences with the marking, weighing, and identification of the slug as

to type and characteristics. Cunningham Deposition, at 18-19. The bullet

is examined microscopically for rifling marks that might be useful for

purposes of identifying the source of the bullet. Id. at 19-20. If a

weapon believed to be the source of the bullet is on, hand, as was the

Mannlicher-Carcano rifle in the Presidential assassination, it, too, is

examined. Id. at 20-22. The examiner then fires

the weapon using ammunition

as similar as possible to the bullet under

analysis.

Id. at 25.

The

"evidence bullet"

and the test bullet then are viewed

simultaneously under

a comparison microscope. Id. Any of three

conclusions is possible:

identification, indicating that the bullet under study was fired from the

weapon in question, and no other; non-identification, indicating

that

the

general rifling characteristics of the two bullets vary to the degree suf-

ficient to exclude the weapon as the source of the bullet under

analysis;

and "no conclusion," indicating that the general characteristics are

similar, but that the individual markings are either different or lacking.

Id. at 26-27.

Spectrography.

Former Special Agent Gallagher was a specialist in

both spectrographic examination and neutron activation analysis. In

spectrographic analysis, samples are either sparked or burned; the results

show up on spectrographic plates from which the examiner derives composition

data. Gallagher Deposition, at 37-38.

Spectrographic examination will

elicit information on a range of elements, though specific readings in

multiple tests of the same item of evidence may vary as

a consequence of

the technique's relative insensitivity, inherent testing error, and

compositional differences between different portions

of

the object under

analysis. Id. at 41-42,

54, 58-60. Although

less sensitive than neutron

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activation analysis, spectrographic testing appears to have been much more

abundantly used

in the examination of evidence, apparently because of

the

limitations inherent in neutron activation analysis.

Neutron Activation Analysis. In 1964, during the neutron acti-

vation analysis conducted

in connection with the investigation into the

assassination of President, Kennedy, neutron activation analysis was rela-

tively in an infant state, particularly so far as the equipment was con-

cerned: Id. at 115. Even so, it was a far more sensitive technique for

measuring the presence of certain elements in samples than spectrography:

it was about twice as sensitive with respect to antimony, barium and other

elements present in items of the assassination evidence, and up to a

thousand times as serisitive with respect to other elements.

Id. at 116.

Its limitations, however, precluded its use on many items of

assassination

evidence, and vitiated the

results of

some tests that were performed

on

items. Id. at 50-51, 92.

One such limitation was that only a handful of

elements were discernible through neutron activation analysis. Id. at 42.

Another was that certain elements, such as sodium and copper, showed up so

prominently in neutron activation analysis results as to obscure others.

Id. at 51, 74. Thus, items of evidence composed largely of copper, such

as copper bullet jackets,

were not subjected

to neutron activation analysis.

Id. at 74-75, 97, 98-99. By the same token,

however, lead does not show

up in neutron activation analysis. 'Id. at 109.

On behalf of the FBI laboratory, Gallagher conducted neutron

activation analysis on items of assassination evidence at the reactor at

Oak Ridge National Laboratory in Tennessee.

Gallagher Deposition, at 64.

The paraffin lifts taken from Lee Harvey Oswald

were tested shortly after

the assassination, but other items were not tested

at Oak Ridge until

'May 1964. Id. at 63, 65. When plaintiff's counsel asked him to explain

the delay with respect to other items, Gallagher pointed out that the FBI's

access to the reactor was limited, and that the paraffin lifts were tested

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early because they were tested

solely by neutron activitation analysis,

whereas bullet samples could be tested by spectrography as well.

Id. at

65.

Two additional observations on both spectrographic examination

and neutron activation analysis should be made in yesponse to points raised

in plaintiff Weisberg's affidavit. First, plaintiff asserts that none of

the reports he has been furnished alludes to microscopic examination,

which both Cunningham and Gallagher testified they frequently conducted.

Weisberg Affidavit, at 32; Cunningham Deposition, 18÷19; Gallagher Depo

sition, at 31. Gallagher's explanation was that microscopic examination,

at least within the FBI laboratory, is

so widely accepted as

preliminary

to spectrographic

and other

tests as not to be worth

noting

in a report.

Gallagher Deposition, at 107. That, in plaintiff's words, "there is not

a word in a single report" about microscopic examination is

entirely

consistent with Gallagher's statement that FBI laboratory practice was to

omit reference to microscopic examination. The second point raised by

plaintiff is that the FBI laboratory reports contain "no statement of

positive proof in the comparisons" of different items of evidence; "[there

is only the meaningless description of 'similar.'" Weisberg Affidavit,

at 8. Here,

too, the deposition testimony reveals the plaintiff to be

under a misapprehension, stemming from ignorance not of FBI laboratory

practice in

this instance,

but of the inherent limitations of

FBI examina-

tion techniques.

Even neutron activation analysis, a much more sophisticated

technique than spectrography, frequently will not enable bullet fragments,

for example, to be positively identified as having come from a particular

bullet. Cunningham Deposition, at 45-48; Gallagher Deposition, at 97-98.

Neither will it be possible in many instances to exclude a fragment.as having

come from a given bullet, as when compositional variances are not suffi-

ciently great to indicate different sources rather than fluctuations in

composition within the bullet. Gallagher Deposition, at 102-05.

NW 54999 DocId:32989522 Page 276

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÷14-

CE # 399:

The "Pristine Bullet."

The Warren Commission con-

cluded that Commission Exhibit 399, one of the bullets fired

at the

Presidential motorcade that day, had passed

through the President's neck,

and struck successively Governor Connally's chest, wrist, and thigh,

ending its journey without substantial visible damage to itself.

Plaintiff's counsel directed' numerous questions to both Cunningham and

Frazier on how the slug coula have inflicted so much damage without itself

sustaining damage. Cunningham Deposition, at 34-37; Frazier Deposition,

at 24-28; 31-33. Although plaintiff's line of questioning is, at best,

doubtfully relevant to the question whether plaintiff has received all

material on CE 399, plaintiff has devoted considerable discussion

to the

physical

state

of CE 399. Weisberg Affidavit, at 44-48.

Cunningham was

•asked whether he would expect a bullet alleged

to have inflicted

the damage

attributed

to CE 399 to

emerge as unscathed

as CE 399. Cunningham Deposi-

tion, at 35.

Cunningham pointed out

that a relatively heavy bullet with a

slow muzzle velocity normally is less likely to

fragment.upon impact than

lighter, faster slugs, and that the damage imputed to CE 399 and its out-

wardly pristine condition were not inconsistent. Id. at 36-37. Frazier,

who with Cunningham and one other had performed the ballistics tests on

assassination evidence, observed that CE 399 had flattened slightly during

its journey and might have extruded a significant amount of lead, in the

form of fragments, from its base. Frazier Deposition, at 26-27, 32, 38-39.

The remainder of plaintiff's assertions regarding CE 399 concern

tests he claims ought

to have been performed, such

as comparison

of CE 399

with core fragments. Weisberg Affidavit, at 15, 16. Gallagher indicated

that he indeed had made such comparisons, but that aside from the spectro-

graphic worksheets which formed the basis of Frazier's November 23, 1963

report, he prepared no reports on the comparison under spectrography or

neutron activation analysis. Gallagher Deposition, at 26, 73-74.

Gallagher indicated also that a directive to preserve CE 399 "for posterity"

precluded his testing different portions of

the bullet for composition,

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id. at 57, though he ran multiple tests on the samples

he was permitted to

remove. Id. at 59-60. Apart from plaintiff's allegations, there is

nothing to suggest that any comparative

test reports, by

spectrographic

and neutron activation techniques, were prepared other than those furnished

to plaintiff. That such tests

should have been made is not relevant, even

if true.

The first report disseminated by the FBI laboratory took

the form

of a letter dated November 23, 1963, to Dallas Police Chief Jesse Curry.

Gallagher Exh. 5. Portions of this letter indicate that CE 399 [referred

to in the letter as Ql] was fired from the Mannlicher-Carcano rifle, and

that the windshield scrapings as well as certain bullet fragments were

determined to be similar in composition to CE 399. Gallagher Exh. 5, at 2.

In the

course of his testimony before the Commission, Frazier was questioned

about a "comparison made of

the lead

residues on the inside

of the wird:-

shield

with

.. the bullet fragments. . ."

Frazier indicated he had

prepared "the formal report of the entire examination" based

on the report

Gallagher had

submitted. Plaintiff claims not to have received either

the

"formal report" or the "report" prepared by Gallagher. Opposition, at 11.

The confusion as to the latter appears to have stemmed from differences in

terminology: what Frazier called a report consisted of Gallagher's work-

sheets. Gallagher Deposition, at 84.

As to the "formal report," plaintiff

argues that the November 23 letter could not possibly cover

"the entire

examination" because much testing, particularly the neutron activation

analysis, did not transpire until months after the letter was written.

Opposition, at 11. Frazier and Gallagher, on the other hand, indicate

that the November 23 letter was

the "formal report" Frazier

alluded to in

his Commission testimony. Frazier Deposition,

at 41; Gallagher Deposition,

at 86. Here, too, the evidence is uniformly aganst plaintiff's assertion.

Frazier's reference to "the formal report of the entire examination" plainly

relates to the procedures about which he was just queried: the comparison

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of the windshield residues with CE 399 and bullet fragments. Plaintiff's

assumption that the "formal report" covers the entire investigation rather.

than one of the numerous examinations which comprised the investigation is

wholly unwarranted. There is no evidence to controvert Frazier's and

Gallagher's statements that the November 23 letter was, in fact, the

"formal report" described by Frazier before the Commission.

Plaintiff also contends that neither CE 399 nor any bullet

fragment was tested

for human residue. Weisberg Affidavit, at 14.

Because

this allegation does not concern the existence of unfurnished reports but

rather the appropriateness of such tests, such

contention need not be con-

sidered except

to note that

the depositions yield

no indication that

such

testing

ever occurred. Cunningham Deposition, at 22-23;

Gallagher Depo-

sition, at 39, 48.

Plaintiff asserts he received no report on "the analysis of the

copper-jacket material." Weisberg Affidavit,

at 15. Gallagher indicated

that laboratory practice was not to test copper jackets spectrographically

unless such testing would

contribute to the investigation. Gallagher

Deposition, at 13. Copper's tendency to overshadow other

elements under

neutron activation analysis precluded testing of

that kind. Id. at 74-75.

Nothing in the record indicates reports or other materials in this area

have not been furnished.

Q8: The Live Round. Plaintiff claims repeatedly not to have

received reports on Q8, the live round discovered in the chamber of the

Mannlicher-Carcano rifle. Opposition, at 10; Weisberg Affidavit, at 16,

57. Gallagher was unaware whether the round had been tested, and indicated

that it probably should have been tested. Gallagher Deposition, at 43-46.

Defendant Department of Justice has indicated that Q8 was subjected to

"Firearms Identification" testing only. Defendant United States Department

of Justice's Answers to Plaintiff's First Set of Interrogatories, at 4.

Inexplicably, however, plaintiff directed questions about Q8 only to

NW 54999

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Gallagher, who was unfamiliar with testing in the firearms identification

category, and

not to Frazier or Cunningham, both of whom conducted

firearms

identification tests. Though what either of the latter might have said

about Q8 is open to speculation, the November 23, 1963 report

to Chief

Curry describes Q8 only, as being of

the same manufacture as certain

cartridges found on the scene in the school book depository building. The

inference

to be drawn, uncontroverted by any other evidence, is that Q8 was

subjected to visual scrutiny only by one of the ballistics examiners, and

thus that no reports of other material on Q& remain to be furnished.: It

is worth noting parenthetically that the plaintiff does not indicate, and

the Court does not discern, what purpose additional testing of 08 woula

have served. In that respect, Gallagher's supposition--that no further

testing of Q8 was necessary because it was sufficient that the live round

was of the same manufacture as

the cartridges--seems eminently reasonable.

Gallagher Deposition, at 46-47, 68-69. There is no

evidence to

suggest

that reports or other materials on Q8 have not been supplied.

Testing of Clothing. Taken together, the Weisberg

affidavit

and plaintiff's Opposition to

the motion for

summary judgment reveal only

one point of dispute: whether a report exists comparing the two anterior

holes in CE 394, the shirt worn by President Kennedy on November 22, 1963.

Opposition, at 10; Weisberg Affidavit, at 24-25. As to the remaining

tests

performed on items of clothing (the President's, Governor Connally's, and

Oswald's), the record indicates that spectrographic testing only was per-

formed on these items, and that

neutron activation analysis was not performed

because

laboratory personnel did not deem it

an appropriate technique

for

those items.

Defendant United

States Department of Justice's Answers

to

Plaintiff's First

Set

of Interrogatories, at 12-13; Gallagher Deposition,

at 50-52. The worksheets reflecting

examination

of both

the President's

and Governor Connally's clothing have been provided to plaintiff, together

with the FBI's reports, internal and

external, on the examinations. F.g.,

:

AW 54999

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Letter from J. Edgar Hoover to J. Lee Rankin (March 23, 1964); Memorandum

from R. H. Jevons to Mr. Conrad (April 15, 1964).

The sole basis for plaintiff's assertion that an extant report on

the comparison of CE 394 holes remains to be furnished is that former

Special Agent Frazier testified in the course of his deposition that he

had asked another examinerto determine, by buttoning the shirt, whether

the two anterior holes overlap: Frazier Deposition, at 60-62. Initially,

Frazier could

not recall whether he himself had

conducted

that aspect of the

examination of the shirt, id. at 61, and he subsequently indicated that

another examiner, whom he thought was Paul M.

Stombaugh, had made the

examination, and prepared a report on his conclusions.

Id. at 62. Frazier

assumed that the Commission had obtained a copy of the report in the

course

of taking Stombaugh's testimony. Id. There is no indication outside

Frazier's deposition testimony that Stombaugh, or any examiner other than

Frazier, prepared such a report. CE 394 was

discussed only twice in the

course of

the Commission hearings, by Cndr. James J. Humes, a pathologist

at the Naval Medical Center who testified on

the autopsy

conducted on the

body of the President,

and by Frazier himself.

Frazier

stated first that

he himself had conducted the examination of the President's

V Hearings Before the President's Comm'n on

the Assassination of President

Kennedy 60 (1964). He stated that "on the front of the shirt, I found what

amounts to one hole. Actually, it is a hole through both the button line

of the shirt and the buttonhole line which overlap down the front of the

shirt when it is buttoned." Id. Frazier's testimony before the Conmission

compels the conclusion that he was mistaken in attributing responsibility

for the examination of the two anterior holes to another examiner.

One

5/

Commander Humes indicated that "with the shirt buttoned, the

fly front of the shirt causes two layers of cloth to be

present in this location, and that [sic] there is a defect

in the inner layer of cloth and a corresponding defect in

the outer layer of the cloth." II Hearings Before the

President's Comm'n on the Assassination of President

Kennedy 365 (1964).

He said also that "the defects in 393

[the President's suitcoat] and 394 [the shirt] coincide

virtually exactly with one another." Id. at 366.

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explanation for his error, aside from the lapse of more than thirteen

years

since

the examination in question, is that Special Agent Stombaugh

indeed

examined

the fibers of a shirt linked with the assassination, and

testified before the Commission on

the results of his examination; the

shirt in question, however, was CE 150, that worn by lee Harvey Oswald at

the point he was captured py police. IV Hearings, supra, at 74-75.

There being no genuine question as to the existence of the report alluded

to by Frazier in his deposition, this point, too, must be resolved against

the plaintiff.

Neutron Activation Testing of Fragments and Residue. Plaintiff

claims not to have

received extant reports on the neutron activation

analysis of Q3, a fragment recovered

from beside the right front seat of

the Presidential limousine, and Q15, residues

obtained by

scraping the

inside of

the limousine's windshield. Opposition, at 8-9; Weisberg

Affidavit, at 13. The Department of Justice answers

to

plaintiff's inter-

rogatories indicated that neither Q3 nor Q15 was subjected

to neutron

activation analysis. Defendant United States Department of Justice's

Answers to Plaintiff's First Set of Interrogatories, at 12, 13. When

former Special Agent Gallagher was queried

about Q3, he initially could not

recall testing it, but later, on his own initiative, he remembered sub-

jecting the item to neutron activation analysis and emerging with no

significant result. Gallagher Deposition, at 74-75, 90-92. The lack of

results for Q3, a fragment consisting chiefly of copper jacket, is con-

sistent with Gallagher's previous statement that copper is normally not

susceptible to neutron activation analysis.

Id. at 74. As to Q15, the

windshield scraping, Gallagher stated, after initial inability to recall,

that neutron activation analysis had, just as with Q3, not resulted in any

significant finding, chiefly because the Q15 sample was inadequate. Id.

at 71. In each case, Gallagher had left his worksheets virtually blank,

accounting for the Department's assumption in its answers to plaintiff's

interrogatories that no neutron activation analysis on these items had been

NW 54999

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conducted. The record indicates conclusively that, despite its denial

that such testing had occurred, the Government has unwittingly supplied

the plaintiff with the very worksheets to indicate that such testing did

occur, albeit unsuccessfully. As to the printouts from the testing,

Gallagher indicated that the data on the printouts was duplicative of that

on the worksheets, and hence that. the printouts themselves might not have

been kept. Gallagher Deposition, at 92, 117. The deposition testimony

on the neutron activation analysis conducted on fragments does not indi-

cate

that tests were conducted for which materials have not been furnished.

Dealey Plaza Curbstone. Plaintiff claims that he was not supplied

with materials relating

to testing

performed

on a curbstone removed in 1964

from near the site of the assassination. Opposition, at 10; Weisberg

6/

Affidavit, at 10, 36-42.

According to bystanders

at the assassination,

there were indications that a bullet or bullet fragment had

struck the

curbstone during the moments of firing at the Presidential Limousine. On

July 7, 1964, the Warren Commission requested an examination of the curb-

stone, and early in August Special Agent Lyndal Shaneyfelt was dispatched

to Dallas to retrieve it. The result of his analysis of the "smear" he

discovered on the curbstone was that the foreign substances

thereon "could

be bullet metal." Shaneyfelt Exh. 2. The tests conducted on the curbstone

were microscopic and spectrographic only; no neutron

activation

analysis

was conducted. Gallagher Deposition, at 69-70. The decision not to subject

It might be noted that plaintiff's allegations regarding

the curbstone extend far beyond testing materials

supposedly not furnished pursuant to his FOIA requests.

His submissions include the affidavit of James T. Tague,

a witness to the assassination apparently struck by un-

identified debris associated, Tague contends, with the

mark on the curbstone.

Tague Affidavit, at 7. Much of

the affidavits of both plaintiff Weisberg and Mr. Tague

are directed toward establishing that the mark on the

curbstone underwent drastic alteration,

1963 to a smear in mid-1964, when the FBI recovered the

It is not clear from plaintiff's affidavit

whether he is asserting that the FBI removed the wrong

curbstone, or that the curbstone is the same, with only

different.

Compare Weisberg Affidavit I 185

with id. " 194.

In any case, none of the allegations on

these points needs be considered in the context of

plaintiff's FOIA requests, and the extent of Government

compliance therewith.

NW 54999.

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the mark to neutron activation analysis explains the disparity

between the

two elements isolated in the "smear" and the nine isolated from bullet core

fragments, and accounts also for the laboratory's reluctance to

attribute

the mark to a bullet. See Weisberg Affidavit, $ 33, at 10; Frazier Deposi-

tion, at 48; Shaneyfelt Exh. 2.

As to microscopic-examination, Frazier

testified

on deposition that he had

scrutinized

the curbstone mark under

a microscope, and Shaneyfelt indicated that he misht have done so

in the

course of conducting other tests on the mark.

Frazier Deposition, at 51;

Shaneyfelt Deposition, at 14. Frazier incorporated

,the results of his

microscopic examination of the curbstone into a draft of a letter eventually

sent August 12, 1964, by J. Edgai Hoover to Commission counsel Rankin. The

spectrographic examination of the curbstone was conducted by Special Agent

William R. Heilman, now retired. Memorandum from M. J. Stack, Jr. to Mr.

Cochran (June 20, 1975).

The spectrographic plate which reflects the

single run to which Heilman subjected

the curbstone has not been furnished

to the plaintiff; Heilman believes it was discarded

in the course of one

of the laboratory's periodic housecleanings. Id. Shaneyfelt

testified

to not having seen any

other reports on the curbstone besides

those shown

to him in the course of

his deposition. Shaneyfelt

Deposition, at 15.

Taken together, these

aspects of the record indicate uniformly that all

available material on testing of the curbstone has been furnished to

plaintiff.

CONCLUSION

The foregoing analysis of the record has disposed of every con-

tention and claim the Court has been able to elicit from plaintiff's various

submissions. In many instances, there is direct testimony that a particular

test was not performed; in others, testimony as to particular laboratory

practices compels the

conclusion that the test was not

performed.

For all

its detail, the preceding

analysis does not

pretend

to

treat

such

aspects of

plaintiff's argument as the alleged

destruction of assassination evidence

and falsification of test results.

Neither topic is pertinent. The

analysis likewise has not dealt extensively with plaintiff's allegations

AW 54999 Docid:32989522 Page 284

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and suggestions, sounding of conspiracy, that reports and materials have been

stolen or deliberately mislaid,

and that Government witnesses have lied under

oath; apart from these allegations, there is not an iota of evidence to

support either assertion.

A FOIA action demonstrably lacking in genuine issues of naterial

fact is appropriately zesplyed by summary judgment. See Nolen v. Rumsfeld,

535 F.2d 890, 891 (5th Cir. 1976), cert. denied, 429 U.S. 1104 (1977). This

action lacks such issues. Although plaintiff has impugned defendants'

affidavits on the ground 'that they do not specify the files searched in

compliance with plaintiff's request, Opposition, at 12, the Government's

response to a FOIA request need not be as specific as plaintiff would require,

it being sufficient that the affiant has personal knowledge that all files

which might contain requested material have been searched. Exxon Corp. v.

FIC, 384 F. Supp. 755, 759-61 (D.D.C. 1974), remanded without opinion, 527

F.2d 1386 (D.C. Cir. 1976).

As in Nolen, supra, "[t)he Government has, in candor and

good faith

before this Court, stated that all the records available have been made

available to the plaintiff." 535 F.2d at 891. If plaintiff has any further

recourse, it is not under FOIA. See id. Accordingly, defendants' motion

for summary judgment must be granted.

An Order consistent with the foregoing has been entered

this

4

_ day of October, 1977.

V.XV. Gras

John

H.

Pratt

nated States District Judge

NW 54999

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## Page 286

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

Plaintiff,

Civil Action No. 75-226

U. S. DEPARIMENT OF

JUSTICE

et al.;

Defendants:

FILED

OCT - 5 1977

ORDER

LAMES F. DAVEY, Cler!

This matter having come before the Court, on defendants' motion.

for surmary judgment, and plaintiff's opposition thereto, and

it appearing

that no genuine issue of material fact exists, Fed. R. Civ. P. 56(c), it

15, by the count this it day of October, 1977,

ORDERED, that the plaintiff's motion for leave to file opposition

out of time is granted; and it is further

ORDERED, that the defendants' motion for summary judgment be, •

and hereby is, granted.

YA. Cros

John H. Pratt

nited States District Judge

NW 54999 DocId: 32989522

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## Page 287

NAR

ORIGINALS

subject JFK AssasiNatIon

File #

62199060-8502 x Bulky

Part II

NW 54999 DocId: 32989522 Page

287

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## Page 288

FEDERAL BURKAU OF INVESTIGATION

POSTPONEMENT INFORHATION SHRET (JFK MATERIALS)

14

Page(s) withheld entirely at this location in the file.

One of more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassinatior

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[]

Subsection 1B (intelligence source or method)

[] Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection 2

(living person who provided

confidential information)

11 subsection 3 (unwarranted invasion of privacy)

[] Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[] Subsection 5

(security or protective procedure,

currently or expected to be utilized)

Information pertained to

a matter unrelated to the JFK

Assassination investigation.

For your information:

FUJA

[]

The following number is to be used for reference

regarding this page (these pages):

1Q 62-109060-8302X

Balky

xxxxxxxxxx

XXXXXXXXXX

XXXXXXXXXX

xxxxxxxxxX

XXXxxxxXXX

XXXXXXXXXX

NW 54999

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XCapig

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

Plaintits

40772

UNITED STATES DEPARTMINT OF JUSTICE,

et al. y

Defendants

Civil Action No. 75-226

AM 54999

DEFENDANTS" OPPOSITION TO PLAITIEr'S

MOTIONS TO STRIKE, TO COMPEL ANSWERS

TO INTERROCATORIES, FOR PRODUCTION OF

DOCUMENTS, AND RESPONSE TO MOTION TO

POSTPONE CALENDAR CALL AND SIAY ALL

FURTHER

PROCEEDINGS

On February 19, 1975, plaintiff filed this sult under the

Freedon of Inforeation Act, as amended, 5 U.S.G. 552, seeking

disclosure of the spectrographie analyses and other tests made

by the F.B.I. for the Warren Commission in connection with the

investigation into the assassination of President Joha F. Kennedy,

as well as any teste

made by the Atomic Energy Connission in

connection with said investigation.

On March 14, 1975, plaintift and hde attorney wet with

representatives of the f.B.I. for the purpose of specifically

Identifying the scope of plaintift's request.

Defendants attach

Plaintift's attorney was advised by correspondence prior

to filing of this action that the Atomie Energy Commission (now

Energy Research and Development Adninistration) provided cechnical

assistance to the F.B.I. at ABC's Oal: Ridge National laboratory

(now Holifield Mational Laboratory) In perforing paraffin casts

taken from Lee Harvey Ostald and neutron activation analyses of

bullet fragmento. Plaintiff's attorney was further advised that

neither AlC nor its laboratory at Oak Ridge prepared any report on

the results of these analyses, and was referred to che F.B.I. for

any further inforation. (plaintift's Exhibit E to the complaint;

attaciment to plaintift interrogatories to EruA). .

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NW 54999

heroto the affidavit of Special F.B.I: Agent John W. Kilcy:

assigned to the f.B.I.'s laboratory in a supervisory capacicy,

who was present at that neeting. (Government Ex. 1) As

established by Speckal Agent Rilty'e affidavit, Mr. Weisborg

requested certain specific catogories of infomation which

were subsequently given to him on March 31, 1975. Thereafter,

wnen plaintiff's attorney advised the F.B.I.'s Preedom of

Information Act unit that plaintiff had also intended his request

to Include certain other data, the F.3.I. also provided chis.

information to plaincift on April 15, 1975. Mr. Kilty's

affidavit, sworn on May 13, 1975, concludes that F.B.I. £1les

do not to the beat of his knouledge contain othor information

responsive to plaintift's request.

Defendants also attach hereto the affidavit of Bertram Hi.

Schur, Associate General Counsel of the United States Energy

Rcoearch and Developrient Adminiatration (ERDA), formerly the

AEG, which establishes that the ABC did provide technical

asalotance to the f.D.I, at ABC's Oals Ridge National Laboratory

(now Holisield National Laboratory) in performing analyses of

paraffin casts token from. Lee Harvey Osuald and neutron activatior.

analyses of bullet fragnents,

that-neither AlC nor its laboratory

prepared any report on the resulta of these analyses, and that no

other tests were perfored by or for the Abc on behalf of the

Warren Contasion (Government Exhibit 2):

At calendar call held in thia matter on May 21, 1975, counsel

for defendanta provided plaintilt with a copy of Special F.B.I.

Agent Kilty's affidavit and indicated an expectation that an

affidavit indicating ERDA's compliance with plaincift's request

would be forthcoming shortly, and that these affidavice vould be

used to support a brief motion to diemies on groundo of mootness

since all infomation requested of which defendants are aware

would have been provided to plaintiff.

At that time, plaincie

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counsel. Indicated dissatisfaction with the Kilty affidavit and

contested the fact that all inforuation had been provided, The

Court also suggested that a reasonable way to proceed would be

for plaintife to specily what documents he contended had not

been giver and to thereby resolve the matter amicably.

subsequent to the caleridar call, counsel for defendants

served with plaintift's motion to strike the kilty affidavit

on grounds, inter alla, of bad faith, and other discovery-related

motions calculated to probe behind defendants' assertione of

good faith compliance with plaintife's freedon of Infornation Act

request. Plaintilt alleges in his motion to strike and attached

actidavit that the Kilty afcidavit is deliberately deceptive,

not based upon personal knowledge, and should have been have by

Special Agent Robert 4, Frazier who plaintift believes is still an

active agent vith the F.B.I. Litboratory, Lefendants respectfully

inform counsel and the Court, horever, that spectal Agent Robert

1, Erazter retired from the f.B.I. on April 11, 1975 alter

thirty-three years, ten nonths and three days service, and that

supervicory Special agent Kilty 1s the most knouledgeable active

service ipocial gent to give tals testimony on behalf of the

In the notion to strike (pp. 2-3), plaintifi also alleges the

calicence of certain documents which he clains have not been

provided by the r.3.I. In a sense, plaintift could make such

cloits al Infinitu sinco he is perhaps nore farillar with events

surrounding the Investigation of President Kennedy's assassination

than anyone nox employed by the F.D.I. However, in a final

acterpt to couply in good taich with plaintifi'i request, a stlll

=3 =

NW 54999 DocId: 32989522 Page 291

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Further search is being nade by the F.B.I. 's FOIN Unit and Laboratory

as a result of plaintiff's latest claius to determine whether any

such items exist, and to provide then or indicate their whereabouts.

Accordingly, defendants have delayed filing their notion to dismiss

grounds of nootness until an official response can be made to

plaintiff's latest clains of non-compliance. Defendants are

endeavoring to complete this additional search and provide an

official response by way of supplemental affidavit within a matter

of a few days of the filing of this opposition, and expect to

expeditioualy make their notion to demiss this action on wootness

crounds.

In view of the foregoing, defendants respectfully request

the Court to deny plaintiff's lotions to strike the affidavit of John

V. ElIty, to compel ansters to interrogatories, and for production of

documents.

EARL J. SELBERT

United States Attorney

ELTON THE PARK

Assistant United States Attorney

FICHAEL. J.

• RYAN

Assistant United States Attorney

NW 54999 Docid: 32989522 Page 292

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## Page 293

CENEIETCAXL DE SLAVICE

I INNLEY GIRTITY that service of the foregodne Defendants*

Oprosition to Plaintiff'e Lotions to Striko, ete., sad attachrentz

and proposcd order has been nade upos plaintift by hand-doliverins

a copy thereot to Jares Tiram Lesar, Laquire, 1321 Fourth Streat, E.ios

Wasington, D. G. 20024, on this Ith day of June, 1975.

Assistant United Statce Attorney

Undted States Courthouse

Room 3421

Vashtagton, D. C. 20001

Telephone: 426-7375

NW 54999

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## Page 294

UNITED STATES DISTRICT COURS

FOR THE DISTRICI OF COLUMBIA

HAROLD WEISBERG y

Plaintiff,

Ve

UNITED STATES DEPARTMENI OF JUSTICE, et al.,

Defendants

AFFIDAVIT

I, John W. Kilty being duly sworn, depose

as follows:

1o I am a Special Agent of the Federal Bureau of

Investigation (FBI) assigned to the Laboratory Division of the

FBI, Washington, D. Ce, in a supervisory capacity.

2. I have personal knowledge that Harold Weisberg

directed a Freedom of Information Act request to the FBI for

documents relating to spectrographic and neutron activation

analysis examinations conducted in the John F. Kennedy

assassination case.

3. On March I4, 1975, I was present at a meeting

with Mi. Weisberg, his attorney, Mi. James H. Lesar, and

two

other representatives of the FBI, SAs Robert A. Frazier and

•Thomas H. Bresson. The purpose of this meeting was to identify

specifically the scope of Mr. Weisberg's request since he had

been advised that all final reports with regard to the requested

data had been furnished to the Warren Commission and are available

to the public.

4. At this meeting Mr. Weisberg requested the

following:

Specific spectrographic and neutron activation

matérial which consists of tabies and pages with results of

readings, representing examinations of metal fragments from the

bodies of President Kennedy and Governor Connally.

D.

Spectrographic analysis from the areas on

the clothing of President Kennedy and Governor Connally where.

the bullets may have passed.

savernment. EX.1

C. A.70-226

NW 54999 DocId: 32989522

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2

c. Available material relating to examination

the windshield of the President's automobile and examinam.

tions regarding metal Iragments from the President's automobile.

do Laboratory.

examination data which may be

available regarding testing done on a curbstone near the

crime scene.

5o All available data relating to the above consists

of 22 pages also furnished to Mr. Lesar by SA Bresson on

March 31, 1975.

6. I have personal knowledge that Mr. Lesar thereafter

advised the FBI's Freedom of Information Unit that Mr. Weisberg

- had intended his request as defined

at the meeting of March 14,

1975, to include certain data which was shown to him at the close

of that meeting This material, consisting of 54 pages of data

and results of neutron activation examinations conducted on

certain metal fragments from the body of President Kennedy, the

stretcher, and the President's automobile, is referred to in &

létter from Director Clarence M. Kelley to Mr. Lesar dated

April 10, 1975, and attached hereto. All this material was

furnished to Mr. Weisberg by letter from Director kelley to

Mío Lesar dated April 15, 1975, a copy of which is also attached.

7. With regard to the interrogatories submitted by

Mr. Weisberg, the affiant states that the FBI Laboratory emplored

methods of elemental analysis, namely neutron activation analysis

and emission spectroscopy. Neutron activation analysis and

emission spectroscopy were used to determine the elemental compo-

sition of the borders and edges of holes in clothing and metallic

smears present on a windshield and a curbstone.

8. I have conducted a review of FBI files which woula

contain information that Mr. Weisberg has requested under the

Freedom of Information Act. I have had compiled the materials

NW 54999 DocId: 32989522

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295

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3

which have been furnished to Mr. Weisberg through his attorney,

Mic Lesar. Ihe FBI files to the best of my knowledge do not

include any information requested by Mr. Weisberg

other than

the information made available to him.

Enclosures • 2

Ale in Kille

John

Kilty

Special Agent

Federal Bureau of

Washington, D. C.

Investigation

Bosore me this 13el

day of Jay=, 1975, affiant

Jake Li KIT, has appeared and signed this affidavit

first having sworn that the

statements, therein are tree

Margine

Notary Public - District of Columbia

My commission expires 121u/2x.

NW 54999 DocId: 32989522

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## Page 297

2231 TONICE SITADE

455k15, 2 C

5.

20028

DOES ME. LEBUKE

ThiO 18 In IeTard to tic. EaTOld MeisDera"s

Iboracon cata concutning tha dots ?.. amody

colophone conversation witr saccial arone incrag i

Brasson on April 3, 1075, for sauitional data tenarding

M TO THe 77

100U LI 20100N BOLÍVIZION ONELIES DE 1E LOLIOUS:

CORMSEJION

Hanuar

Cy 393

587

2080:27:20R

BUllet fIon SEretOlSE

JULIOt ISATNeSS ENOR

043

CL 842

08. 03

Q9

HOER LINTONES LION

Presluent's

of CoveriNE Joha CouzoliS

840

SECOTRILL ITON LUDE LIDAY

board carpet

ing:

NW 54999 DocId: 32989522

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## Page 298

FEE H. LOST ES5

Those docoMEs Will bo Forniased to Me. valebers

at the empylag tea as 15.40 thieh to are authorized to

Tith Ingot to 14. Velaborg's IsThese 10x

CHE EBI CODY OE WO DO CUTIE HOOVES LOMDLINLIN 10

Aã an ben kantis dated sugust 12, 39511 unich pertainme

Es the ciristone expiration, I wins to sisias tho

10 19

Commissione

hAS CUTILINEd LE 1E p03213100 with Lan esclosuras

Cho KarIen COmmiIsIOn POrOICE an Shanartali Ezrlbits

DENNETEN BAA LT. TE ANN 340

II TACK: 01

and 271123111E fOI DubliC Ingrection I an Locining

En zeldase ths pri eroy of this doomont which clarare

from the cricial only with tarase to jatOIal, aduinIScrite

It in constered that tha

offer of release

of tha 56 mares of the zucreniescribed data Cocather

with that alIcacy furnishod to 15. Heishers, castonds

Fully to bis IJIl Ianuest or sTecerarraphle

oL roveror 27, 1374, anú subcamuent discuandon vizz

FBI representicives co Larch 14, 1975.

You may tich so contact sancial acens ronas i.

BassON of the luI fOIn Urit It IsleDiOns aunter 334-2461

CANTENCE M. ICTLY

NN 54999

DocId: 32989522

Page. 298

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## Page 299

Apri] 15, 1975

James il.

Lesar, 1sq.

I231 Fourth Streat.

Washington, D. C.. 20024

DeZI MI. LOSar:

This is in reference to my letter to you of

April 10; 1975, and your telephone conversation with

Special Agont Thomas 1l. Dresson on April 14: 1975.

inclosed with this lotter, please find 54

pages of tic laboratory inta describel in my letter of

April I6, 1975-

te love attorntel to obtain the best

possible

contes of this material, but in the event you

have ay question concertig

mality of the accurents,

iron to connicate vich na.

the corying. fee

for this raterial is $5.40, as indicatca in ny roferenced

letter to y0u.

Sincerely yours,

C. M. Kelley

Clarence ". Fellcy

Inclosure

NW 54999 DocId: 32989522

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## Page 300

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

v.

UNITED STATES DEPARTMENT

OF JUSTICE, et al.,

Plaintiff,

Defendants.

Civil Action No. 75-0226

AFFIDAVIT

BERTRAM H. SCHUR, being first duly sworn, hereby deposes and says:

1. I am Associate General Counsel of the United States Energy

Research

and Development Administration (ERDA), which on January 19, 1975,

pursuant to the Energy Reorganization Act of 1974 (P.L. 93-438) and

Executive Order 11834 (January 15, 1975), assumed the functions of the

Atomic Energy Commission (AEC) other than licensing and related regulatory

functions. Prior to January 19, 1975, and since June 27, 1962, I had

been Associate General Counsel

of the AEC.

2. I am familiar with Plaintiff's request to the AEC for copies

of reports on the results of tests performed by or for the AEC on behalf

of the Warren Commission.

3. I have caused to-be made searches of the ERDA (AEC) files and

• inquiries of ERDA (AEC) personnel and ERDA (AEC) contractor personnel

who should have been knowledgeable regarding the subject matter of Plaintiff's

request.

4. The results of these searches and inquiries were reported to

me as follows:

.a. The AEC's Oak Ridge National Laboratory (ORNL; now known

as the Holifield National Laboratory) did provide technical

support to the Federal Bureau of Investigation (FBI) in

the performance of neutron activation analyses on the paraffin

casts from the right hand, the left hand, and the right

cheek of Lee Harvey Oswald and on bullet fragments;

savernment Ex.2

C.A. 75-226

NW 54999 DocId:32989522 Page 300

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## Page 301

'"!"

-2-

b. neither AEC nor ORNL prepared any report on the results

of these analyses; and

c. no other tests were performed by or for the AEC on behalf

of the Warren Commission.

5. ORNL did retain copies of some photographs of the paraffin

casts and Xerox copies of some of the raw data obtained by the FBI

in the course of the neutron

activation analyses, and these are being

made available to Plaintiff although they were not understood to be

covered by his request.

6. • Some analytical work on simulated evidence was done by General

Atomic at the John Jay Hopkins Laboratory for Pure and Applied Science

in San Diego, California, using a 6.5 mm. Mannlicher-Carcano rifle of

exactly the same type as the one involved in the assassination of

President Kennedy. This work was funded under an AEC contract, and was

done in furtherance of a continuing, independent research program that

began in 1962. The work involved no evidence samples from the assassination

and was not done on behalf of the Warren Commission.

This work was

reported in the following two publications:

a.

"Use of Neutron Activation Analysis in Scientific Crime

Detection" (GA-6152, February 15, 1965).

b. "Applications of Neutron Activation Analysis in Scientific

Crime Investigátion" (GA-9807, June 30, 1970).

These reports are not

understood to be covered by Plaintiff's

request.

Copies may be purchased from the National Technical Information

Service, U. S. Department of Commerce, Springfield, Virginia 22151.

7.. I am not aware of any other information that would be responsive

to Plaintiff's First Set of Interrogatories to Defendant U. S. Energy

Research•and Development Administration.

5.C.

Bertram H. Schur

NW 54999

SUBSCRIBED and SWORN to before me

this 22nd day of May, 1975.

Belin B. Mullein

Notary Public

My commission expires:

DocId: 32989522 Page 301%

July

11,1978

---

## Page 302

UNITED STATES DISTRICT COURT

7OR TEE DISTRICT OF COLUMBLA

HAROLD WEISDERG

Pleintif$

Civil Aecion 1o. 15-226

UNITED STATES DEPARIIIENT OF JUSTICE.

et ad.,

Dofendants.

Upon conoideration of plaintiff's motions to strike the

affidavit of John N. Lilty, to coopel anevers to loterrogatories,

fos production of documents, and defendanta! opposition thereto, and

the ontire rocord herein, le is by the court this

day of

., 1975,

ORDERED that plaintiff'o said notions be and the same heroby

are denied.

TRITED

STATES

DISTRICT

NW. 54999 DocId:32989522

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## Page 303

FEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORHATION SHRET (JEK HATERIALS)

Page(s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[]

Subsection 2

(living person who provided

confidential information)

subsection 3

[] Subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently reguiring

protection)

[] Subsection 5

security or protective procedure,

currently or expected to be utilized

Information pertained to

a matter unrelated to the JFK

Assassination investigation.

iT for your information:

FOXA

- The following number is to be used to celerence

regarding this page (these pages):

+ 62-109060-83828

Bilky

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

xxxxxxxxxx

xxxxxxxxxx

XXXXXXXXXX

NW 54999 DocId: 32989522 Page 303

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## Page 304

DATIED SINTES DISTRICE COUNT

FOR 'PUG DISTRICT DE COLUMBIA

plaincitt.

CivIl Action X0.. 75-0226

FRIED SCARES DEPARTURE

JUSTICE: 200

i.es

MUDGUY RESEARCH AND DEVILI

OPILOT 2OMTUESORA2303E

Dessodents

PIAZECX2U*G FERST SEP OF INIONROGAXORISO TO DUPENDAT

Undos pula 23 of the Federal Rules of Civil Procedure, Plaict

1518 abdconces tha following incerzogatonion to defendant Unseed

Scaron Enorgy Roadorol) and Developnent Moninjatzation:

I, Iles all thens on evidence sockod by the tail or a: 27y

ANd facility as part of the invostigation into the assasainacion

ad Prenidont fonnady and give the following Information with

Lospact theseco

•(a) the type of scots periomod on each ouch icon of ovi

dence:

(b) the dato us datoo on which wack such iton of evidence

wan costed and the none of the labosatory in whic the conting vas

(c)

the sure dá tha pardon de pecsous conqueting ooh eral

cost and the nagos of any other paroons prosent during the test

1231

(a) the capscity, official on othenrice, to which the perrors

NW 54999

DocId:32909522

Page 304

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## Page 305

2

Aleted in rosgonre to intrazzogntory I(c) lose prosont at such

costinga and

(e) the current adcross and onpioyment of nach person vaned

in xanponse to incarrogatory Ifcle

an List all coczarpondende rich rospaci to such tests which

wag exchanged botucan the

ADO and the Warron Commission, Including

tno cormission's Chairman, Rail

Harren, its Goneral Counsol, e

Ie Rantas, or any nonbor of the Conuasion's atafla

3o Slot all cocronpondende tith soupect so such cesto vhich

was exchanged

boreon the ADC usd the P0%.

4. Ilet all corraspondence with respact to such tests which

was exchangod between the ABC and aty

forennio scientist, orinina-

1nt or ochor scientifie expert.

5. Undes nomal proccuures woule the 190 joop records os

tests pensoz i i cho MD0 co at en 200 focaliere Wore secorda

kopt by the inc of all such toser which wore concucted as part ot

tho investigacion into the ascausination of Presidont Fonnedy?

that stacutory provisdomos administrative cariations.

it any, regulre or govern the leaping of records of such torto as

Vare performod do pare of the lavatigation Anto Prosidest

Rennody's assaos/needs?

7o- Attached horeto is & copy of a. Fobruary 14, 1975 lettes

from No Bertzan Ha Oohuze Ausciate Conesal Counsel for Won,

wich stares:

the information containod in ry octobor

IG, 10%4E

lester ses boced princrily on as

vice wa cocained from the founer XBT agent

mho parcicipadod in me vort decesibed.

now acrisos cat.

in addition so ths analynes.

06 I0n1123 Cigto nonbioned 111 wist Letter,

neutron nocirtion onalycas of bullet fragr

mones were porsornd at

she oak aliga lational

Inboratory now the Boiltiold dacional kabora

NW 54999 DocId: 32999522

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## Page 306

3

(is) 1700 1s the dormer FBI agent rofarrod to by hir. Schur?

• (b) Has his advice to the AbC of to ERDi stated in writing?

8, What are the normal standards and procedures for con-

ducting neutron actiration analysis?

9: Wore the normal standurãs and procedures followed with

respect to the testing and analysis of itons of evidence pertain

ing to the

assassination of Pserident Rennody?

IU. Under normal circumstances, who decides what is tested?

II. With respect to the assassination of President Kennedy,

wo decidad mat was tested?

Ia. In subicoring

evidentiary specimens to neucron activation

tecting, is de normal to make & full and complete tabulation of

the rosults? In this case, was any such cabulation nade? If 3o,

was it complote?

13. In making a neutron aotivation analysis, la it nomal

to reach staced conclusions as

to whether the various evidentiary

spocimens aze identical or differont in chemical conposition?

14. Were any such stated conclusione nade with respact to

the itens of evidence tooted by spacerogruphic or noutron activa

thon

analysis in this case?

15, Were full and complete results of the spectrographic and

neucron activation tests given to the Harren Commission?

pid the

Harren Coumission ask for them?

16. Hore full and complote stated conclusions as

to what the

tosts showed given so the barren Commission? Did the Warror

Comniscion ast for then

17. Was the neutron activation testing done on any jeons of

eviconco in the Kennody assassinstion other than the paratein

casts

and the five Conmission Ezhibits--Cs 399 (01), CE 567.(02),

CE 913 (01, R5), CR 812 109), and Co d10 (0l1)- jentioned in che

NW 54999

DocId: 32989522

Page 306

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## Page 307

April 20, 1975, letter from FBI Dircotos Clarence Kolley to Ir.

Jamas li. Cesar?

I3.

Is the anover to interrogatory number 12 is affirmative,

what are the other items of evidence which were subjeated to

neucron activation cessing?

14 IE ths answer co interrogatory number 12 La negativo,

why were the following icons or evidence not subjected to neutron

activation tosting;

(a) CE 141, the live round found in the Mannlicher-Carcano

eitle wnich allegedly belongod to tee Harvey Oswald and fired the

shots which killod Prosident Kennedy?

(b) she clothing of President kennedy and Governor Connally

struck by or alloged to have been struck by bullets?

(a) the curbatone on the south side of s. Main Street east

the Toipic Underpans which was struck by bullet?

(d) tho bullet fragnent which is FaI laboratory number 032

I5, Undor nosmal procodures nould the results of the spec

¿rograghic of neutron activation analyses be recorded

and verified

by soncone other than the person conducting che tests?

Was such

a procedure folloved with respect to the icons of evidence tested

by these techniques in connection with the investigation into

President Kennedy's

assassination?

Please note chat under rule 33 of tha Federal Rulos of Civil

procedure you are required to serve uson the undersigned, within

30 days after sorvice of this notice, your answers

In writing and

under

oach to

the above interrogatories.

NW 54999

DocIal 32989522

Page 307

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## Page 308

CHRUTFICATE DE SERVICE

I hereby certify that service of the foregoing has been made

upon the defondant by personally delivering a copy thereot to lis

attorney, Assistani United States Attoznay Michac). J. Ryan, on

this 2nd doy of lay, 1975.

NW 54999 DocIa: 32989522 Page 308

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## Page 309

[]

[]

[]

[]

FEDERAL BURRAU OF INVESTIGATION

POSTPONKHENT INFORHATION SHEET (JFK MATERIALS)

Page (s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these

deletions).

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[]

Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

[]

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[.]

Subsection 2

(living person who provided

confidential information)

[]

[]

Subsection 3

(unwarranted invasion of privacy)

Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[]

Subsection 5

(security or protective procedure,

currently or expected to be utilized)

Information pertained to a matter unrelated to the JFK

Assassination investigation.

For your information:

FUJA

The following number is to be used for reference

regarding this page (these pagest:

62-107060-8302X

Bulky

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

xxxxxxxxxx

XXXXxXXXXX

xXxxxxxXXX

NW 54999 Docid: 32989522 Page 309

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## Page 310

JAMES H. LESAR

ATTORNEY AT LAW

1231 FOURTH STREET, S. W.

WASHINGTON, D. C. 20024

TELEPHONE: (202) 484-6023

January 15, 1975

The Honorable Laurence Silberman

Acting Attorney General

U. S. Department of Justice

Washington, D. C.

20530

Dear Mr. Silberman:

I

am writing on behalf of a client, Mr. Harold Weisberg, of

Frederick, Maryland.

For nine years Mr. Weisberg has been trying to obtain the re-

sults of certain spectrographic analyses which were made for the

Warren Commission as part of the investigation into the assassina-

tion of President John F. Kennedy. Mr. Weisberg's original efforts

to force the disclosure of these spectrographic analyses culminated

in a suit brought under the

Freedom of Information Act. Ultimately,

after a special en banc hearing at which the United States Court of

Appeals for the District of Columbia reversed the decision of the

Court of Appeals panel, Mr. Weisberg lost the suit.

[See Weisberg

V. U.S. Department of Justice,. 489 F. 2d 1195 (1973) 1

As you know, Congress has since amended the Freedom of Infor-

mation Act. During the floor debate on May 30, 1974, Senator Philip

Hart proposed an amendment to the

"investigatory files" exemption

which the Department of Justice had invoked to thwart Mr. Weisberg's

access to the spectrographic analyses.

An exchange between Senator

Hart

and Senator Edward Kennedy made it clear that this amendment

was intended to override the decision of the Court of Appeals in

the ot an

Thus, the enactment of the recently amended Freedom of

Information Act constitutes a congressional mandate for the disclo-

sure of the records Mr. Weisberg seeks.

On December 6, 1974, Ms. Weisberg wrote a letter to the Deputy

Attorney General requesting the disclosure of certain spectrographic

and neution activation and other tests

performed in connection with

the Warren Commission's investigation.

The Deputy Attorney Genecal

referred this letter to Mr. Clarence Kelley, the Director of the

Federal Bureau of Investigation. I am enclosing a copy of Mr.

Kelley's December 19, 1974

I call. your atten-

tion to its concluding sentence, which states:

"In the meantime, we

are attempting to identify and locate the documents in which you have

expressed an interest, and will communicate with you concerning this

in the near future."

In response to this, I wish to point out that an FBI Agent has

stated under oath that he "examined"

the spectrographic records. In

NW 54999 DooId: 32909522 Page 310

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## Page 311

2

view of this, it is evident that there is no problem at all in

either identifying or locating these records, and any alleged

proolem Is obviously only a pretext for evading and stalling legal

This conclusion is further supported by

the fact that there. has been no further communication from Mr.

Kelley, despite his assurances that there would be.

Under these circumstances, I have advised Mr. Weisberg that

he has no alternative but to treat Mr. Kelley's letter 'as a denial

of his request for these records. In turn, Mr. Weisberg has aske

me to appeal that denial for him.

This letter constitutes Mr.

Weisberg's appeal from Mr. Kelley's denial of his request for

dis-

closure of the records specified in his December 6, 1974 letter. to

the Deputy Attorney General.

I believe that you should be aware that Mr. Weisberg has made

very serious charges about the reason why the Department of Justice

has gone to extraordinary lengths to keep these records from being

made public. In connection with his previous suit, Mr. Weisberg

executed an affidavit stating:

From evidence in my possession I believe that

the release of the results of the spectrographic

analyses would reveal that the FBI deceived the

Warren Commission members as to what these analyses

do in fact show.

Contrary to the assertions con-

tained in the Williams affidavit, I believe the

real reason the Department of Justice continues to

withhold these analyses is that they would prove

that the fBI engaged in deception of warren Com-

mission members anâ the American public.

Congress has now mandated the discloure of these records. If,

after that mandate, the Department of Justice still continues to

suppress them, then there is no alternative to the conclusions stated

by Mr. Weisberg in his affidavit.

In light of this, I would hope

that the Department will make these documents promptly available,

without puting Mr. Weisberg to the expense of yet another lawsuit.

Finally, I wish to remind you that Mr. Weisberg has also re-

quested the disclosure of of two itens of court evidence

in the

¡Watergate case. Mr. Weisberg appealed the Special Prosecutor's

denial of these requests more than a year ago. To date he has re-

-TH 54999-DoeId:32989522 Page 311

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## Page 312

3

ceived no acknowledgement of his appeal. I am renewing Mr. Weisberg

from you within ten days, I will treat your silence as a denial of

sincerely yours,

Han fift?

dim Lesar

NW 54999

DooId: 32989522

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## Page 313

EHL: AS: SMG: emd

FEB 25 1975

Janes H. TessE, Raquire

2251 FOUrth SEeCE, 3.4.

Hashington, D.G.

20024

Files

Miss Gradoville

Mr. Farxington-FBI-FOI-

Mrs: Hauser-DAC

Unit

Mr. Saloschin

Mr. Kreindler-Counsel to

the Special Prosecutor

MI. Bresson-FBI FOI Unit

Retrieval

our 15/35

This letter responds 1o

your January 15, 1975 letter

in shich you appeal 1x bchold

of lic. Veisbosa whai you

vlaw as the dendal of access under the Treador of Infor

natos Act Es I3I spectropiashic and naucron activation

and other costs performed

the Bureau in connection

wIth the Harred Commiscion's investigation of Iresident

Konnedy's adosssination.

Tou also seek to renew an appeal

of Me, Heisborg Eron the Spcelal Prosecutor's July 15,

1973 dental of assess

to tens of court evidence is the

Watergate ease.

You have appareatly alsunderstood Olsector Kalley's

December 19, 1974 saply to Mr.

Woisberg's Foresber 27;

1974 zequest.

That requost espressis ached for process

Ing under she 1974 Anen¿neais to te

Elon ACE, which were not eifective antil February 19:

1975.

The Departnent issued regulatioas

their

uplanantation caly last waot,

which regulations vers

likewise sEfecziye

February 19; and general Departmental

guidance concerning interpretation and application of

the chanducnts has

just been diatilbutad.

Under chees ciccunstanzes, Director Talley fall coa

strained

to dafar final disposition of Mr, Halaborg's

request, though the Asteau has proceedad with the cast of

1deniifying the requested gateriale.

Gono, whích are

claarly I09000917e, 32e

contained in the lational Archivas

and will be nade available.

There is, also, however, a

steal bulk of natorial shics

does Rot reasonabiy come

withda sir. Heisbere's apecilication of 'final zeports".

NW 54999 DocId: 32989522 Page

313

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## Page 314

2

Misleagle

to

cose

The Bureau is willing to discuss with it. Weisberg the

nature of

these materials to ascertain whether he is

intorested

in having access to tlem.

I NIge you to

pursue these natters directly with the Bureau-which

WIlL In aDY eveRt act upon this natter mIrain the ELme

Inits (conputed fron Fabruary 12) established by the

new Amendnents.

With regard

to your desire to "rener" an appeal

from the Special Prosecutor's denial of July 25, 1973;

We have no record of any earlier appeal, and

you that the chirty-day time linit sai

forth in 28 CFR

§ 16.7(a) precludes my entertaining an appeal at this time.

No special

circunstances have come to my attention which

would explain or excuse the 1 1/2 year delay. I have

neverthelesg examined tha nerits of the nattér and i an

satisfied that the Special Exosecutor's denial was proper

on the basis of Exemption (3) of the Ireedon of Information

Act.

The material which ir. Weisberg sought (the "released

pages of the transcript of the grand-jury testimony of

I. Howard Hunt") is not within the power of the Departneat

of justica to disclose by reason of Rule 6(e) of the

Federal Rules of Cilminal Procedure.

I may add that in the future, under the revised

regulations for the Department which became effective

February 19, 1975, I will not review on appeal the

decisions of the Special Prosecutor under the Freedon

of Information Act.

Having recelved a denial of your

request fron him, you have axhausted your administrative

remedies and are free to challenge his decision In

the courts.

Sincerely,

Edward H. Levi

Edward

Attorney

H, Levi

General

- 2-

: NW 54999

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Page 314

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## Page 315

FEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHEET (JFK MATERIALS)

36

_Page (s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions) .

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[]

Subsection 1B (intelligence source or method)

subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

Subsection 2

(living person who provided

confidential information)

Subsection 3 (unwarranted invasion of privacy)

[]

Subsection 4. (cooperating individual or foreign

government, currently requiring

protection)

subsection 5 (security or protective procedure,

currently or expected to be utilized)

Information pertained to a matter unrelated to the JFK

Assassination investigation.

For your information:.

FUJA

The following number is to be used for reference

regarding this page (these pages):

62-109060-83828

Bulky

xxxxxxxxxx

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

WW 54999 DocId: 32989522 Page 315

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## Page 316

Mr. White

Nt. M. E. Willlans

1 - M. White

1 - 011ico, 7133

1 - MT. Cuzninghan

January 24, 1975

- Mx, Kilty

1

MT. Mintz.

Atta:

Нх. ВГОВВОД

FREEDON DE INFORMATION ACT (FOIA) REGUEST

OF HAROLD NEISBERG

BoTaIenCe is nade to Legal Counsal to I. B.

Adans' memorandun of lacenber 11, 1914, wherein lt nas

reconnended that the laboratory Division revion HeINDerE'S

roquent loT INfOrMAtIOn COnCOInINE the ARBABINAtION Ol

Prosident Kozzady and Ident lIy pertinent natarial avallable

unich may satisfy his roquest.

Melaberg indicates in hla lettor that he 11

Intorested in "the raport itsoll" or "the complete report

only"; honover, since them aro avallablo to him at Natlonal

Archives, his roguert mint extend beyond these documents.

The materlal arallable in this case falls luto

thres catagaries.

All of the background intornation

and data accumlated during the actual oxaninations of the

отієюсь прас 1тат.

Toe componitional anAl yRes artIvad

at fIon calCUlations of the raw data. 3. The 11n2l raports.

SpectrogIaphic analyaos vere conducted on bullets

And/OT fragMents tbarafios, load fragments and several ltom

Of ClOthIng. EXIULMAtIOnS bY DAUTION ACTITATION VATA CON-

ducted on tho above vntioned bullot and load natestala

and on parallIn casty taken fron the hande of Qurald. The

19511tn of ell thoss oxantastions, with the excoption of tbe

noutron activation studies of the bullet and load natorials,

have bean included in the FBI Laboratory reporto. The

romelts of the soutron activation exaninations of tho bullet

and load sateriala aro containod In a lottor to 3. Ino Ranklo,

GADATAl COURBAl, Tha PreSIdent 'N COsTInGIOn, dated JulJ 8,.

1984.

Thia lettor and the IBI Laboratory reports are avallablo

In the Natlonel Archives.

The Laboratory has on hand apoctrographic plates

and DoutIon actIvation analyels data which vero unad to

calculato anters and nake judgents regardio tho coupositione

as the matorialo examined.

As with nost sciont 111c data,

Interprotations of those platos and neutIon actIVAtIOn anal y86a

data w111 not stand alone but mist be accompantod by techateal

JUK/IIK (6)

(CONTINUED - OVER)

NW 54999 DocId: 32909522 Page 316

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## Page 317

.

Honorandus to st.

Whate

IROTION OF INTOIATION ACT (TOIA) DEQUEST

07 LAROLD FRIGEZRO

Information which enlatas the paraneters involved. foue

of this explanatory Infomation could bo obtainco by an

inquizention outsico emports in enleston sicetzorcory

and neutron nctivacion annisats, but in the absenec of

cetailed proceduxal cata, the raw intomation is not subject

to interpzetation by non-tecinical Indirlduals

Notes were made it the time tho cunutantions vero

conducted which contain the scturl analyses including percentage

os sode clevents present, relative concentrations ot other

chenents and absence os cetectable concentrations of elements,

Cose of theso notes are nhysically in the laboraton and

othors are assuned to bo interspeised in the case file. Tho

sonich for this ratertal will be extensive and tlue-consumini.

It 1s estimated that amprosinately 50 pages of technical notes

way be involved.

The costs of terroduction will vary accarding

to the paysical dimensions and nature of the natorial to be

furnished.

It we nic requented to produce copies of the nctual

spectrogranhic plates and ncutron activation data, costs will

be substantial because of the various fomats involved. In

the caso of the snootrogranhic plates, the Srecial Motorzanhic

Unit of the Laboratosy is investigating the rossibility of

nccurately reproducing the plates so that the recorded infor

nation can accurntely be assessed from the "curlication."

Estinates of the costs involved in such zenroduction; 11

they can be made, are not presently available.

In the casc

of the neutron activation data, the total terroduction of this

maverial nir involve the cquivalent of anprosinately 1,000

pages, Much nore clerical tine than that normally required

to reproduce 1,000 pages will be involvea due to the nature

and size of the pages to be conted. It is not unreasonable

to assume that the time involved would bo approximately

ten tinos treater than the tine necdce to reproduce 1,000

noraal Diges.

Accordingly, it will be necessary to evaluate cach

roquest in teras of the nateria

to be furnished, and the

overall costs w1ll copcad on what materials aic to be

renroducca in tesnonse to a srecific castonet. ful

ACTION: None. lor infomation only,

KIN

54999 DocId: 32989522

1on0ee 07

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## Page 318

lI. 5. Do Adams

12-17-74

Loyal Counsel

FRUIDOL 07 INPOICHTIOS ACT (FOIR) RUGUESE OF

TAROLD IDIODGES

netachol is a proposel lotter to captioned individual.

Incoming correspondence was aldresscü to tlic Deputy Attorney

Goneral üate1 11-27-74, and mo roccival by the rOm Unit on

12-0-74.

It will be recallod welshorg's initial lavOcuit,

referred to in his lotter, concorned spectrographic analypos

nade by the FbI for the larren Comicsion in conncction viti

Tula suit calrinateû in an apreal

io tho Supromo Couri, Which on 5-13-74 deniai corciorari,

loaving the District of Colubia Circuit Court Accision which

unhale our trichholding tho docents under the cranacion pro

visions of Section (b) (7), FOIA (investigatory tiles).

vicisherg now rcinstitutes his request under the

enonded fOIn which linics the former investigatory Liles

escription to cortain enuncrated categorios ani types of

Information, none of thich initially appear applicablo to

the natorial leiskory Icgucate.

lie additionally roguests

Icoults of neutron activation toating, but snocifies he is

interested only in final roports, not raw materials or

aboratory work.

УСО ПОЛЕО 13:

1. That the tatoratory Division revies the request

of Reistory for tie pumose of idontifying seports and natarial

quested, anc carnish the roin Unit vith observations regard

ing the volune of ratorial tenurotal and any unusual cost

Lattors Iccardity reloase of the infor abion:

Inclosuri

•Ite Adans - Inclosures

Mate or - incleares

(2)

(2)

Recen

115, IraziCI

1 - 135- ilintz

2103:leu (5)

PECOM: ENDAGIONS CONTINUED OU PAGE PTIO

NW

54999 DocId: 32989522 Page 318

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Legal, Counscl to 11r. J. B. Alams DOst

RO:

FOLA MAGROSE OL LALOLd WOiSLEIG

ISCO ZUNDARIONS:

2. That the FOIA Unit rovich the matcrial identificû

by the taboratory Division as boing within the scope of reisbory"s

reguest to detarine the applicablo provisiona of the FOIA.

3, That the attached letter bo sent to fix. Weisberg-

!

UNW 54999

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## Page 320

December 19, 1974

- Mr. Adams

Atten: 17* Frazier

1 - It. Minte

HI. Harold Weisborg

Coq d'or Press

Route 8

Frederick, Maryland 21701

Dear it. Hoistorg:

This is to acknowledge your letter addressed to the

Deputy Attorney General, Department of Justice, which was

referica to this Bureau

and recoived on Decenker 6th.

For your infornation, we arc presently awaiting

guidelines and instructions from the Department of Justice

rogarding the implementation of the recently amended Freedon

of Inforuation Act, which Iccones effective February 19, 1975.

In the roantine, we ure attorpting to identify and locato the

documents in which you have expresscd an interest, and will

cormunicate with you concerning this in the near future.

sinceraly yours.

Clarence M. Kelloy

DiICatOI

1 - The Deputy Attomey Genoral - Enclosure

1 = Bufile G2-115530 (TOI-REPLINS)

1OT[: See Legal Counsel to lit. J. B. Adans ronorantun dated

12-17-74, captioned,

*Freedor of Infornation Act (FOIN) Reguest

of Ilarold Weisherg. "

IED: lasz (3)

AwW 54999

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## Page 321

13991377

:

1 - Mr. Monr

1 - Mr. DeLoach

Ino Dupaty Attorney General - ViX. Rosen

June 30, 1070

1 - Mr. Sullivan (Attn: T. N. Goble)

1 - Mr. Conrad-Enclosure

Director, FBI

1 - Mr. Jevons-Enclosure

1 - Mr. Frazier

Mr. Gallagher

FOLD WRICBERG: REQUESTS FOR

INFONHATION UNDER FREDDOM OE

INFORMATION ACT

Reference is made to your memorandum daled June 22, I70,

forwarding a letter from Mr. Weisberg for comment.

The following comments are in the order of the subject matter

set forth in Mr. Weisberg's letter:

(L) Exhibit 60 (Pictures of President Kennedy's Clothing):

Weisberg requested a photographic print of a composite

picture showing President Kennedy's clothing.

There is no single negativa of this composite picture;

however, there are attached printa made from the

photographic negatives from which the composite

picture of Exhibit 0t was prepared.

Mr. Weisberg refers to an identification symbol

"CD 107" in referring to FBI Exhibit 60. CD 10%

is the designation for the Warren Commission Documert

number 107. This document is a supplemental report

furnished the Warren Commission which contains

Ezhibit 60.

The check In the amount of $1. 25 attached to

Mr. Weisberg's letter is being returned herewith

sos appropriate disposition.

REJ:majk (1I)

(SEE NOTE PAGE 4)

NW 54999

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The Deputy Attorney General

(2) Spectrographic Analyses: In referring to the

testimony regarding the spectrographic analyses

of certain bullet evidence involved in the

assassination, Weisberg advises that the testimony

was simply that all specimens were of lead, no more.

This statement is not true since the testimony as

set out in Volume 5, Page 74, Line 1 of the Warren

Commission Report states specifically that the

various items "were found to be similar in metallic

composition." This statement encompasses trace

amounts of other metals besides lead which are

invariably present in bullet lead.

(3) Documentation Relating to David William Ferrie:

Mr. Weisberg in his letter of June 19, 1970, argues

in the last paragraph on Page one and the first

two paragraphs on Page two with the reply you furnished

him on June 12, 1970, dealing with his request for the

Ferrie material.

Our observations and comments previously furnished

to you regarding the Ferrie material remain unchanged;

that is, the final decision as to the public disclosure

of the material concerning Ferrie rests with the

Department of Justice, but this Bureau has no

objection to public disclosure of this material.

Mr. Weisberg argues that "all the records of the

Warren Commission are not in the National Archives."

This Bureau has no information that any of the Ferrie

material which we furnished to the Warren Commission

was not turned over by that Commission to the National

Archives. It is noted that the last sentence of the

Forward to the published Report of the Commission

reads: "The Commission is committing all of its

A sW 54999

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2

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## Page 323

The Deputy Attorney General

reports and working papers to the National Archives,

where they can be permanently preserved under the

rules and regulations of the National Archives and

applicable Federal law." So far as is known by this

Bureau, this was done by the Commission before it

went out of existence.

Mr. Weisberg's argument in the second full paragraph

of his letter draws a distinction between "documents"

and "information." He does not describe what he

means by "information" and the distinction he draws

does not appear to make sense. Mr. Weisberg's

reference to Carlos Marcello is also not clear,

although the New Orleans attorney for Marcello,

Mr. G. Wray Gill, advised this Bureau on November 27,

1963, that Ferrie had done some investigative work

in the Marcello case. This was reported in Dallas

report of Special Agent Warren C. De Brueys dated

December 2, 1963, which was furnished to the Warren

Commission.

(4) Concerning Receipt of Material Obtained at the Autopsy:

Weisberg comments concerning Exhibit 843 containing

two objects and possibly a third. He also makes

wo pets stains ee you that miss weisberg

Exhibit 843 consists of two lead fragments removed

from President Kennedy's head at the time of the autopsy.

These are the only fragments removed from President

Kennedy's body and turned over to the FBI. They were

described as a "missile" in the receipt furnished Navy

authorities by Special Agents Francis X. O'Neill and

James W. Sibert.

3

I NW 54999

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Page 323

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## Page 324

The Deputy Attorney General

(5) Autopsy Photographs: Weisberg was previously

advised by you that the FBI has never had possession

or custody of the autopsy photographs. It is difficult

to determine from Mir. Weisberg's letter whai he

bad in mind regarding this matter. However, this

Bureau has never had in ita possession any negatives,

prints, or copies of photographs taken at the time

of the autopsy.

The letter of Mr. Weisberg forwarded with your memorandum

is being returned herewith.

Enclosures (3)

NOTE:

We have had previous correspondence with the Department

regarding Mr. Weisberg and his requests for information under the

Freedom of Information Act. Weisberg is a prolific and notorious

critic of the Warren Commission, the FBI, et cetera. His criticisms

have included slanting of the truth and outright lies.

Relative to the autopsy photographs mentioned in Item 5,

the Laboratory has never had in its possession or custody any of

these photographs or any prints, negatives or other such material

relating to the autopsy. The Domestic Intelligence and the General

Investigative Divisions also advise that they have never had custody

of such material.

The material set out above concerning Ferrie was compiled

by the Domestic Intelligence Division.

NoW 54999

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## Page 325

OrTIONAL TOMM NO. 1W

• MAY 1002 EDITION

ISA F"MR (41 CFK) 101-11.G

UNITED STATES GOVERNMENT

Memorandum

TO

The Deputy Attorney General

FROM : Director, FBI

SUBJECT:

HAROLD WEISBERG: REQUESTS FOR

INFORMATION UNDER FREEDOM OF

INFORMATION ACT

Im. Gallagher

7717

DATE: May 28; 1970

Reference is made to your memorandum dated May 19, 1970,

regarding Mr. Weisberg's request for certain information relating

to the assassination of former President Kennedy.

Your attention is directed to my letter to the Attorney General

dated November 20, 1967, entitled "Assassination of President JOhn Fitzgerald

Kennedy, November 22, 1963, Dallas, Texas," which set out information

concerning Harold Weisberg from the files of this Bureau. This

included the fact that Weisberg was one of ten employees fired summarily

by the State Department in 1947 because of suspicion of being a communist

or having communist sympathies. Later Weisberg was allowed to resign

without prejudice.

Weisberg has written several books concerning the assassination

of President Kennedy which attack the Warren Commission Report. His

book 'Whitewash-The Report of the Warren Report"' is a vitriolic and

diabolical criticism of the Warren Commission, the FBI, the Secret

Service, several other U. S. Government agencies, and the Dallas, Texas,

Police Department. It contains inaccuracies, falsehoods, and deliberate.

slanting of facts to fit Weisberg's purpose.

The following comments are in the order they were requested in

Mr. Weisberg's letters, copies of which were forwarded with your

memorandum:

(1)

Spectrographic Analyses: Weisberg has requested

details of the spectrographic analyses conducted on

certain bullet evidence involved in the assassination.

NW

54999

ce:6 12s 3!

DocId: 3298882 U PagErings Bonds Regularly on the Payroll Savings Plan

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## Page 326

The Deputy Attorney General

Reference is made to the matter entitled "John Nichols

Versus United States of America, et al., U.S. D.C.

D. Kan., Civil No. T-4536' and to my memorandum

to Mr. William D. Ruckelshaus dated February 17, 1959.

This material related to the release of spectrographic

data concerning certain bullet evidence involved in the

assassination of former President Kennedy. It is

understood that litigation is still pending as to whether

or not information regarding spectrographic analyses

will be released.

As mentioned in my memorandum of February 17, 1969,

it is our considered opinion that the results of the

spectrographic tests are adequately shown in the report

of the Warren Commissial where (Volume 5, Pages 6%,

69, 73 and 74) it is specifically set forth that the metal

fragments were analyzed spectrographically and were

found to be similar in composition. The work notes and

raw analytical data on which such results are based

are not normally made public particularly since they

can only be interpreted properly by scientifically trained

personnel.

The work notes and raw analytical data are part of the

investigative files of this Bureau and rightfully fall

within exemption number 7 of subsection (b) of 5 U.S. C.

552 which specifically exempts investigatory files compiled

for law enforcement purposes.

Release to any and all who request them of the raw

analytical data in the thousands of spectrographic tests

conducted in the numerous cases received by this Bureau

would pläce an unnecessary and heavy burden on this

Bureau and thus greatly hamper its efficient operstion;

and compliance with the current request would set a

potentially highly undesirable precedent in this regard.

2

NW 54999 DocId: 32989522 Page 326

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## Page 327

The Deputy Attorney General

Based on these observations, it is our firm opinion

that the provisions of 5 U.S. C. 552, subsection (b),

exemption Y should be invoked and the request

of Mr. Weisberg for the spectrographic analyses

be denied.

(2)

Documentation Relating to David William Ferrie:

Mr. Weisberg described the records he requests

as documents relating tethe late David William

Ferrie of New Orleans:

(a) withheld from the Warren Commission and/or

Comment: No documents relating to David

William Ferrie were withheld by the FBI

from the Warren Commission.

(b) withheld from the National Archives

Comment: So far as is known, all records of

the Warren Commission pertaining to

David William Ferrie were turned over to the

National Archives by the Warren Commission,

together with all other records of the Warren

Commission.

(c)

withheld by the National Archives by order of the

Department of Justice

Comment: Your attention is directed to my letter

to the Attorney General dated May 15, 1968,

entitled "Assassination of President John Fitzgeralo

Kennedy, November 22, 1963, Dallas, Texas, " and

to my letter to the Acting Attorney General dated

February 24,

1967, entitled "Public Disclosure of

3

54999 DooId: 32989522 Page 327

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## Page 328

The Deputy Attorney General

Warren Commissio] Records. " Both of these

letters concerned 55 pages of Warren Commission

Document No. 15 which cea with allegations aid

• investigation regarding Ferrie. Copies of the 55

pages in question were enclosed with the letter of

February 24, 1937. These are pages 22-201,

225-228, 231-304, 307-311, 313-316, 510-2309

and 341-54s, all inclusive. In the letter Cosed

May 15, 1968, I stated thai the final decision as

to the public disclosure of the material concerning

Ferrie rests with the Department of Justice.

also advised that this Bureau has no objection to

public disclosure of the data concerning Ferrie.

These pages were originally excluded from public

disclosure under guidelines approved by Mir. McGeorge

Bundy, Special Assistant to the Presideri. The

specific guideline zoplicable is identified as s(C),

which provided that public disclosure shout ba made

unless disclosure "would be a source of embarrassment

to innocent persons, who are the subject, source,

or apparent source of the material in question,

because it contains gossip and rumor or desoils of

a personal nature having no significani connection

with the assassination of the President. " Our

position as to this information concerning Ferrie

has not changed since the May 15, 1968, letter.

(3) Exhibit 30 (Pictures of President Kennedy's Shiri and

Tie): Weisberg requested a photographic copy i - portion

Of Exhibit 30 showing the tabs of the President's shirt.

Apparently Archives has furnished a copy of is Exhibit,

NW 54999

Docid: 32989522 Page 328

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## Page 329

The Deputy Attorney General

however, he has advised the quality of this copy is

not satisfactory for his purpose and has requested a

print from the original negative which is a part of

this Bureau's files.

Compliance with the request would set an undesirable

precedent and could lead to numerous such requests

for copies of photographic matter furnished the

Commission.

The Bureau can ill afford to divert away

from our important investigative responsibilities the

time needed to search our voluminous files and prépare

such material. However,

since the photograph referred

to as Exhibit 60 is available to the public through Archives

it is felt the matter of furnishing additional copies is for

the Department to decide and an additional photographic

print of the portion showing the "shirt tabs" is attached

in the event the Department wishes to set this precedent.

(4) - Concerning Receipt of Material Obtained at Autopsy:

Weisberg requested a photographand all records relating

to the material removed by Commander James Humes, M. C.,

U.S. No, at the time of the autopsy and receipted for by

Special

Agents Francis X. O'Neill and James W. Sibert:

November 22, 1963. This request appears to be based on

his inability to specifically identify the Exhibit in the

Commission report.

The material referred to in the receipt is identified as

Commission Exhibit 843. A photograph of this Exhibit was

furnished the Commission and was published in "Hearings

Before the President's Commission on the Assassination

of President Kennedy, " Volume 17, Page 841. Other

.5

NW 54999 DocId: 32989522 Page

329

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## Page 330

The Deputy Attorney General

information regarding this Exhibit apperce elsewzore

in the Commission's Hearings.

(5)

Autopsy Photograghs: The fBI has never had posseasion

or, custody of the autopsy photographs requested by

Mr. Weisberg

Enclosure

NOTE:

A's is stated in the letter to the Deputy Attorney General and

as we have pointed out

in previous communications to officials of the

Department of Justice, Weisberg is a prolific and notorious critic of the

Warren Commission, the FBI, etc. His criticisms have included slanting

of the truth and outright lies.

So far as the Ferrie material is concerned, Ferrie died in

February, 1967. The 55 pages of information about him which were

withheld from public disclosure contained allegations, hearsay, and

rumor indicating he may have been a homosexual. This information was

withheld in 1965, two years before Ferrie's death. The previous

communications to Department officials which were written following

Ferrie's death took the position thailife had no objection to the release

of this information to the public; however, the final decision in this

regard was a decision to be made by the Department of Justice.

Regarding the photograph mentioned in Item 3 above informal

discussions with Mr. Carl Eardley, Deputy Assistant Attorney General,

show the Department feels that it would be difficult, if not impossible,

to sustain in cout a refusal to furnish copies of material the subject

matter of which is already available to the public.

NW 54999 DooId: 32989522 Page 330

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## Page 331

The Deputy Attorney General

The receipt referred to in Item 4 above was made out for

a missile. The "missile" consisted of two small fragments of lead

recovered from the head of President Kennedy.

Relative to the autopsy photographs mentioned in Item 5,

the Laboratory has never had in its possession or custody any of

these photographs. This material has also been co-ordinated with

the Domestic Intelligence and General Investigative Divisions:

Both Divisions advise that they have never had custody of the autopsy

photographs.

Material set out above concerning Ferrie and background on

Weisberg compiled and furnished by Domestic Intelligence Division.

NW 54999 DocId: 32989522 Page 331

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## Page 332

16224

in D1-:50

ENITED STATES COVERNMENT

Mamorendum

TO

Mr. J. Sogar Woo.a.

Director, F.B.l.

FROM

Richard G. Keradicast

Deputy Accocney. dimera.

is y

SUBJECT:

Earold Weisberg: Requests For: Infornas/ed erder'

Weedom of Information hoc

DBRIRTMENT OF JUTIE:

Actached hereto are two letters dead les

1970 fron Mr. Harold Weisberg in which he arptatau

his requests for certain infomation reliting to tae

assassination of former

"resident kennedy. Axac

ectached are five Forms DJ118 which specificai.:

identify the materials he is seeking in eaci sace.

Would you please have these requeats rav

and advise me with respect to their disposition

• ло

WAY

and didn

art.

NW 54999. DocId: 32989522: Page 332

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## Page 333

ailliand Harold Weisberg

Cogd'Or PreSS ROUTE8, FREDERICK, MD. 25701

Code 301/473-8786

3/ 20/70

2'o

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rould noò bo sut inio ploy sauin. In every doser,

sbic des.cot beon dosco

sora jucee timos aaárdssed unsedle Sron dociaióis to tuo koteenoy euacara.culg

to save tuam usco aonored. I rogana dais mucorà us. oneiae masch dous Deezirant

ists efseotively eurrendered

ey aaatts to incist upos compliches tete tioe

raios you: enploy ocly do frustrate my puobes veruests

endsaa tae trintse

b. cones tecescary, En precered to.

tost, this in coust.

I: Goul2refoz

dhat thia sot cepone necesbsay, brco.joe

Jeg" Lucbotanling Losponse, elimdnpte Fuc decoction und

aLotscdood from cien-ia

sjonme pecognize. thot Congreos peacebe Lale, nad Paocdrents sion wuee eo üua

tLoy mina de obeyed,. woed. 0d o1l by tast

Depart.ant in'wooog.cous be Scadi5

auc intesaity, ot teo low is veoted. or,

ghe Departmend Suom miiok te Zeve

asirind so nioa cbout wesó.

1o oolls: "law snd ordemo filko caority, a eucurc taet

aioale begin at .uone.

Kerauiuh I ancioso Shros conploteu W-lla torns, Fa ocek oe muse

derewicosos md nost recent requests hovo boon mode. eone tame.ago. Ix not ese

oi toa uis there been response.

Dro dd duom aro conesocuouely nueecant, che e cingteom cut doe

20027

Ianisdono liy Darst ronucssttol

aboctaogacate voctysse.ne.oud bucs di

Mrooiants rf bullet enc coicots soid

Psdoicenó

mns esbecain. bec ant Covasno2 Doranzly Anjured is

ye tt sa Ribenet eu artereeig

dotec in Eou tor

2aou2 209 13795

seon rerposse tólzù oi ieo bubsequon ronetation: Isdndesat.:

zoguect 2:1

uin pone publis, noi-socrot indoumetion. to

to Nubcaney Gfri2

L0 a-ge ago. My 1izsü dequost oi yoor Deporbucdho fos tiose ddce erze rm..

=.- 1905

alllen Derrie o1 Dom Celcons ac uodo mndpr tre Drovious camrta

NW. 54999 -Doera 32989520aaget333 urensnsPe2

vas sãducssod to votr oêzice dio .auir .:

TATCT RRT

Citi.d

---

## Page 334

occurre

110c20sc

scrube ducKergers cost Controly croads, Is.

do not done toure die 2-3u16

in onboaraconantadod you on tud coveanacat, & an cuestat cong- ta.

nich pogord to dac spoctacaro hic an aysis, as you ore notioroso ci

#* by she lorran Countasion, tacis a port 10 engletion 24205, 22090=340

2ot. 032l0in, Aconesderod by dund Connicaion.

20033

Jordc. 5p3

Lose fee. executite

acon curse astorney Concanl of Octoces 01, 1509%

Vorcover, 16 wis, 60.11

protecula purposes, node public one publishod in dicterant cosm,

sagodre.ly,.

by wie Conission. Most Locently, tuie vou cone by fouel Dolles Onied of Folice

Jesse duney, in e coole buering Ma nune. ton a egtod don 1u ga

mus notices?

the day this oxecutive ordor was deposted in te

progs, 22:

1Y presence a repsesentutive of your Doperanont toud the Hobion l trocio s 1t

ted bown taonorenzed thore pursuent do

this ondor.

Noonie elecied the ties

pc. found so Wes but a porupbrose. To tue bust cfay owleâge, tire as

been no besponse to the poport mode to him bus this vas not the caclusis. itsal.

Duis nelysis involves no secret procesees, no informants nicoss ifontitios nasd

be cidden, no datonotione of the innocont,

and does not in cay

Soy 101l aüer

the rugas to vitonold onbouice in uny of the quiczince son tatesolazac.

Your Deberiment,

arouge tir. vineon, told me cue verious docworis

rolating to David feruie vere: beins rerioned with ble intont of secing aitrer

jady conlo be mado avnilcble. I adver inord duashes from aim. 24o Tation: 1

incaives told to it aca no knowledge of any cuch reviev. Obviously, it is impossible

Bon mo do provide you on me toonu cication of eace end every duce suppressed

dogree i can,

1010 ¿loeody in Vous files, he Icircess to

mine, I rust you to icion tod i lovo more of laot is sold to be vitorcia na 1è.

conror, possibly de vithhold properly. de I dove albeady epioined, was rigat

tend to nofleet upon the, innocent ins elready beer node public, nodel extentarely,

oy to men involved ond by their sidonney, in a cook cud ito senioliz-tion. Dervie

cinueld 1o.dead, mas unmenried, and aid seruch tastes une public incorleuge las

veniety on moys, including but not limited to puolic reporting of crinim 1 uinges

no inst him for then and in his contasting of these caunges and his sucsequent

Loss cE enploymont decause of wei.

Vito rogere to tho photograph identified as 231 Dahibit 60, requested

in my lottor of April, 22, 1970, addressed do too Attorney, Coneral,

I piorite this

intornation end recuest:

aris is a bloture of PresidaMondodyto andit. Oza shirt Licela is

rightela from ezumination ma study and any baking of pichures of in is pagroried

a germingle propon ground such montes the cevenement not dis estaus vero

uny uncacrifiod of sousationol use. of it. i nove exploded shis dapcoughty vici

•te motionel pot vep ma ho saponentatire on buo baute, vonbally and in

entenciva concescondence. Movever, there 1a no use do maich due ovoilaos pictures

con te put tist ison eny other reture, dos brey scow brucing cut his bicot.

1e counts vont to study of, perhope, to suow my chies purpose is astori.

NW 54999 DocId: 32989522 Page 334

---

## Page 335

one cone to son tenuble on soo do it titates potocoon to or Sationai

• isad outy cor noothes toon trianiciod on considionna puspocase Incto::

motocophie point doore is a buotogragi où tua pringoo sego. cow 20°

ite ther

corean culli-in

crating, phy onlesgemont 1o etcoctivoly prechaded. My inboseat in is o-ly

non-sensetional

nno..It la mistziotco

do 6 40be 08 640.2429 42006- 14104 8

colled in closed to movo passod. I do nor 160117, Mund Dis Cesire

-could muoi prefer to largost eloor energomont you son neve acco oä juet tas

vory 3m:11 croa of too enico. ly purpose to us sidole do 15 is obricue.

"ü d

caviroty restricted do a study of the demuge to tro shini oy out ciloga oullet.

I coul i much protos und onlongenunt of this vony anull arca où die suirt,

Reten Chinanode 011 to gore, to a ebondord 8a10 Clossy print of une sracti

10sole if you wali noo do tis, do i rope you will, tuen i mili cecent i

cecrest possible photogran of the original necovive cd 20M 220401: 60610007995

docuse ¿ en confidont the Deperwoone would prozer no suceoscion tack at levati;

colins evidonce rolutins to tue murder of a Prosident, I de Loge you va11

provide me wide the onlongomont insteod,

StovaDs only the demage. It will be

covious, i cope, bur there is no unlighitled use of succ on entergument of tas

origion nogativa cuet is ramotoly possible, oven if i rese intercins to pucláas

1no len, as you mow bettes unan i, imposes no burden upod me do 202

ony azalonation of mia: I seei undos itoi done you will underascad utatore

joison buis vine, gone to duis trouble, in sincone erdont do pus you in s posi

tion to underctand that my numooses are serious, schchobly, proper no ecstael

tain the datont of Congreas and covered sy due lon. Is you will dotiest but a

sonont, perhaps you nali aleo uniorstund tunt, et posuicle cocü de mysela, I a ve

to put mou in a position to save yourself and le Dapestacus ecosansscheny

¡= you do as you deve in tus post.

On doo other isno, I vill no longos nocopù the standerá Depenisentel

M1p0ind from niller to poet. One, cd these rocuests to wick youg Dep: 20a226

ai vo= seeponded 1a louz veers old. Due sonuest embodied in my 01vil cobion 715-70

voso yoer old eu the vime you socotted to uns perfectly proper requegt but only

¡mied the socion und you coula Mo longer delay triol, It I nove noù aruno

from you within ino weeks thet you mili conly rich these recuests, or id

rejoction in ony nome other thon that ocrite Attorney Concrol, I. vile moses

with fustner civil actions. I would mon proter to avoid duis. Most droor 12?

•I hope you would oleo:

Sinceroly,

salesh,

Lovela Weisberg

NW 54999 DocId: 32989522 Page 335

---

## Page 336

Coo D'on PRESS

ROUTE S

PAEDENICK,

NID.

21701

PHONE• 301 473-5156

No1213

65-26

521

-DOILANS

GAMERS AND MECHANICS NATIONAL BANK

FREDERICK MARYLAND

1052200261°

NW 54999 DocId:32989522 Page 336

---

## Page 337

Forn: DJ-TiS

(Ed. 7-4-57)

U.S. DEPARTMENT OF JUSTICE

WASHINGTON, D. C. 20530 .

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552(3) and 28 CFR PART 16

See instructions for payment and delivery of this form at bottom of page

NAKE OF REQUESTER

DATE 5/10/90

DO YOU WISH TO RECEIVE COPIES? EYES

L NO

NUMBER OF COPIES

REQUESTED

OFFICE AND CITY WHERE RECORD

ME YES, SO INDICATE (no more than 10 copies of any

IS LOCATED (if krown)

dosument will be furnished).

923

gecington, J.C.

DESCRIPTION OF RECORD REQUESTED (include any information which may be helpful in locating record)

Spectrogasphic orelysis of bullet,

pregments of bullet und piler sojects,

includni camonte and port of ranicle a cubbstone edic to tave bson siruci

i bullet

ma/on fragrents during assessinution of President Asanedy and loundire

o? ü-vonner Connolly. Sae my letter of 5/10/70

LITIGATION:

FILL IN IF

DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

IN PENDING E

"COURT (check one) DISTRICT

#FEDERAL

NAME. OF CASE

LITIGATION

STATE

Thers

is 2o

prospective litigation if request

is complied

YES

-NO

DOCKET NUMBER

FOR USE BY DEPARTMENT OF JUSTICE ONLY

HIS REQUEST IS:

GRANTED

DENIED

REFERRED

viti

tinalist

SIGNATURE

A MINIMUM FEE OF $3.00 MUST ACCOMPANY THIS REQUEST.

OTHER CHARGES ARE AS FOLLOWS. (do nos write in this bos)

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $1.00

COPIES OF DOCUMENTS:

50¢ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

sy check payable to the Treasurer of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28C. F. R. 16.2 or mailed to:

Office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

NW 54999. DocId: 32989522 Page 337

---

## Page 338

orn: 0J-115

Ed: 2-4-57)

S.

DEPARTMENT.OF JUSTICE

WASHINGTON, D.iC: 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S. C: 552(a) and 28 CFR PART 16

See instructions for payment and delivery of this form at bottom of page

AME OF REQUESTER

inis

Teleterg

ATE

6/26/70

O YOU WISH TO RECEIVE COPIES? BYES: ONO

= YES, SO INDICATE (no more than 10 copies of any

NUMBER OF COPIES

REQUESTED

ED CH

OFFICE AND CITY; WHERE REÇORO

IS LOCATED Or known

n9eu2kg5oй,

D.C.

ocument will be furnished).

ESCRIPTION OF RECORD REQUESTED (include any information which may be helpful in locating record):

Doctrents

palating to

lete savid". ferrie of New Orleans withheld.

inon the

Warren Concission sta/ör thê Motional Archives, documents stacid by

the Totion 1

ironives by order of Depentment of Justice.. See my lattes of 5/10/70. A liot o2 ell

suce docuents and reason(s) for withholding each is requested.

ITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

•ILL IN IF

N PENDING S

_ITIGATION

Peere

COURT (check one)

DISTRICT

NAME OF CASE

_ FEDERAL

_STATE

no

prospeesive

Titigation 11 request 19

comolled w

DYES ONO

DOCKET. NUMBER

FOR USE BY DEPARTMENT OF JUSTICE ONLY

HIS REQUEST IS:

GRANTED

DENIED

REFERRED

SIGNATURE

YA MINIMUM FEE OF $3.00 MUST ACCOMPANY THIS REQUEST.

OTHER CHARGES ARE AS FOLLOWS. (do not write in this box)

FOR SERPED AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT. IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

COPIES OF DOCUMENTS:

50¢ FIRST. PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT. $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section Shall be made in cash, or by United States money order, or

by check payabie to the Treasurer of the United States. Postage stamps will not be accepted,

This fom may be delivered to any of the offices listed in 28C. F. R. 16.2 or mailed to:

Office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

NW 54999 DocId: 32989522 Page 338•

---

## Page 339

*orm DJ-).

(Ed. Tad-57

U.S.

DEPARTMENT OF JUSTIC

WASHINGTON, D. C. 20530

REQUEST FOR ÁCCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552(a) and 28 CFR PART 16

NAME OF REQUESTER

11.16

DATE

5/16/70

See instructions for payment and delivery of this form at bottom of page

ADDRESS (stroet, city, state and zip code)

cisters

30.3, Fredrick, 1d. 81701

DO YOU WISH TO RECEIVE COPIES? EYES CONO

IF YES, SO INDICATE (no more shan 10 copies of any

document will be furnished).

NUMBER OF COPIES

REQUESTED

1 each

OFFICE AND CITY WHERE RECORD

IS LOCATED. (it known)

Needirator, D.C.

DESCRIPTION OF RECORO REQUESTED (includo any information which may be halpful in locating record)

Enlozged plotogrena co nert of r9I Exhibit 80 (Werren Conesion meterio])

described in my enclösed loeter of 5/10/70; preferred, or, 14 tuls cannot

ce done and only 121t coonot, one 8/10 glossy protogenette print od rei

Exhibit, maichever le provided ceing node from original negative.

LITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

FILL IN IF

COURT (check one)

DISTRICT

NAME OF CASE

IN PENDING=>

FEDERAL

LITIGATION

_STATE

Tiere is Io prospective litiestion it request is coupled rio:

FOR USE BY DEPARTMENT OF JUSTICE ONLY

THIS REQUEST IS:

L

GRANTED

DENIED

REFERRED

YES

CONO

DOCKET NUMBER

SIGNATURE

A MINIMUM FEE OF S3'00 MUST ACCOMPANY THIS REQUEST

OTHER CHARGES ARE AS FOLLOWS. (do'not write la this box)

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

COPIES-OF DOCUMENTS:

50€ FIRST. PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY'S 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

• GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasurer of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28C. F. R. 16.2 or mailed to:

office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

NW 54999 DocId: 32989522

Page, 339

---

## Page 340

* Lillicid Harold Weisbers

Coq d'Or PreSS ROUTE 8, FREDERICK, MD. 21701

Code 301/473-8180

5/20/70

2. Richere Meintionst

Dorady Abbother Gonebel

U. Degertient of Justice

estingion, DoC.

Door 2. Reindienot

1 en séperating bias part of my today'e leutere to you for vous

convenianes because 2u melabed to tuo recuests & cave not coalier la de of you.

Altizough vous regulations do not coquire.the filing 01 a DJ-110 zom i ta

sues requests of to inclucion of the 05.00 fee vita eccin,

I paceume yes would

pander to secuire iu ond prefer to confignate the less,.

so. I enclose dote ¿or

cach request.

In sué cobo 15 will belp you, because you acd not at see time

concorned with those recuests heve your present, responsibilities, I male

tose explenctions:

phe tro UDI ogents present ut tico Presidon's autopsy sere given

"e missile" removod from vue corpse. Maile for lour yeare tie eniabonce oe this

esceipt hes, boon denied, I now nave a copy and for your convonience i enclose

herenita a copy, 01 glot copy.

Tie National

rohivas shysid is urable to adontaly this auncle,

zoccipted "nicale" n the roconds st the forron Conteston, these ja en citibit

pi suitiole tiny frogments, wich con cardly se described as lig miesle"

, espec-

illy voon que woll-knon BI cure nite soci,

"äotail anâ cvidenco is considered.

I request cil recorés relatino tor this "misále" end as 1osge as

proctic ole e protogrand of lu, up to aalo inoces,

0ho size.

cord linitod

by considesatione pa clority, includine mateves mensucenants, vickings,

tests,

anolyses, evaluations or any othei eéientific of modiço-10gel appraisols,

..,

opinions and/or facts thore may be:

Secondly,

there were cortain autopsy photographs been. These vere

clivered emposed but undoveloped on the Secret Service. I1 I can give you 20.

coeir ad poncession of them and I con ascure you the National Arenives

unsen me tact do los honbeaco tuese is to recordedterin of possessica,.

an menuns we Deportabnt We it. Dho Secret Souvico as Mritten de us 1:

ise to seconds of uneraccessing,

ête., of dlese photographs adho escloretion

fock tus dfcome ave expogod but suot northese. 1y. 2004 sy 15:203 Fis

1 icanotion, deo choin de poscession,

dan records und odden incomesion scout

prcessing, the explanationsiona, in these meso any, the dovestigationo to dovez-

mine way some showed no

image upon 2r000s1208.1xTrDX

antoning rolevont to is above

In connection on these requests, 2 remina you of that co tich you

mey noù to smore, thut thoue was a apecial relationahip between the DEI eni

: tice

NW 54999 Doctch: 39889522ioPágedeAOwnich the JEI Hóa dos Commission's invoctig tivo can de

---

## Page 341

our antee de pol decluet on avercnoos no cuitont derul tione ditine

Gon. Quis nocà not in day toy caloy ti

à copy on tinoso resulation: is do unovriloble do the Deputy Autorney Cuctech

05 1: 708 to mo this woek.

22020 220

ecalain antontiona en unica i dacoined jou duig coulius

Lobber today, oncloced honomigh, Tuoy also amly do too roquests in out Iü0er

To liave de Depsetmat's sellure to scide by aun our cagulutions connot is

cola: caine, no mou tius ita failure to abide by its dogulations cordeits its

niguts, undos mo low, to insist

thot othere comply with then, is onese saces

o2 Goosesmental non-complience.

Pogothes with the DJ-118. forms, I enclose horowith tro cracks, ora

she other, in the amouat of 25.00.

Sincerely,

tastelest

arold Weisserg

NO 54999 DocId: 32989522

Page 7341

---

## Page 342

20::

P0:

tradio do 0 yardly des

Janee Wo

Agent Fod

Gi.!

5choo?, Rationca Raval. Keddead Centrees Betbooded Maraud

He hearoy astortedge receipt ed a misole cocored of Corried 1421

j.

No, Ust en toad dato.

Paris oi

SARa S5222

NW 54999 DocId: 32989522 Page 942

---

## Page 343

600. DON PU

LANDERICK,

Mo.

21701

PHONE 301 473-S1S6

MOTOTHE

once one

No. 329

65-26

Pack No 224ef16 1920

521

NAth Listentities 5629

_DOLLARS

FARMERS AND MECHANICS NATIONAL BANK

FREDERICK. MARYLAND

80521800261

pain tienten

NW 54999 DocId: 32989522 • Page 343

---

## Page 344

(Ed. 7-4-57)

U.S. DEPARTMENT OF JUSTIC

WASHINGTON, D. C. 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552(a) and 28 CFR.PART 16

See instructions for payment and delivery of this form at bottom of page

ADDRESS, to sey are no come

itt.

41901

NAME OF REQUESTER

SEC

-i!

DATE 3/18/70

2029

DO YOUWISH TO RECEIVE COPIES? EYEs NO

NUMBER OF COPIES

REQUESTED

IF YES, SO INDICATE (rio more than 10 copies of any

OFFICE AND CITY WHERE RECORD

Haskin

son,

document will be furnished).

DESCRIPTION OF RECORD REQUESTED (include any informarion which may be helpful in locating record)

Records reisging to "missie' removsô from corpse of Prosident Tennedy es

describes in encipeed latter dated 5/15/90 end attochod 230 receipt 2or

"e missle", includino photogrape, also described in said letter.

LITIGATION:

DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

FILL IN IF

COURT (check one) DISTRICT

NAME OF CASE

DINO

DOCKET NUMBER

IN PENDING =

FEDERAL

LITIGATION

STATE

12228

RO

prospectIve Liviastion I Tenues

is coupiied it

Hardenl

SIGNATURE

FOR USE SY DEPARTMENT OF JUSTICE ONLY

THIS REQUEST IS:

A MINIMUM FEE OF $3.00 MUST ACCOMPANY THIS REQUEST

OTHER CHARGES ARE AS FOLLOWS, (do no! write in this box)

GRANTED

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT•IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN HONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

DENIED

COPIES OF DOCUMENTS:

50$ FIRST PAGE, 25$ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

REFERRED

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by checi payable to the Treasurer of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28 C. F. R. 16.2 or mailed to:

Office of the Deputy, Attorney General, Department of Justice, Washington, D: C. 20530.

NW 54999 DocId: 32989522 Page 344•

---

## Page 345

(24: 7-4-57)

U.S. DEPARTMENT OF JUSTIC

WASHINGTON, D. C. 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552(a) and 28 CFR PART 16

NAME OF REQUESTER

11cbaeg

See instructions for payment and delivery o this form at bottom of page

ADDRESS (street, city, state and zip code)

Rt &, craderiek, td.

81701

DATE

E/13/70

DO YOU WISH TO RECEIVE COPIES? DIYES

I NO

NUMBER OF COPIES

REQUESTED

OFFICE AND CITY WHERE RECORD

IS LOCATED (if known)

IF YES, SO INDICATE (no more than 10 copies of any

escington, D.C.

document will be furnished).

DESCENCE BE DO ACQUESTED include anx information which may be helpful in locating record...

92-20

te 99934

+XKQQ2023644-062921-0900263-,

Incarntion relating to tae autopsy

processino,

pictures of Frosident

Tennedy,

chir

canin of mozasi possession, ete., as described in enclosed letter

dated 5/15/70

LITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

FILL IN IF

COURT (check one) DISTRICT

NAME OF CASE

IN PENDING=>

FEDERAL

LITIGATION

_STATE

Inete is no prospective litigetion if request ie complied

DYES

DINO

DOCKET NUMBER

FOR USE BY DEPARTMENT OF JUSTICE ONLY

THIS REQUEST IS:

SIGNATURE

A MINIMUM FEE OF $3.00 MUST ACCOMPANY THIS REQUEST

OTHER CHARGES ARE AS FOLLOWS. (do nos write in this box)

GRANTED

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

'HOUR 'SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

L

DENIED

COPIES OF DOCUMENTS:

50¢ FIRST PAGE, 25$ EACH ADDITIONAL PAGE

REFERRED

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH -

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE.

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by checi payabie to the Treasurer of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28C. E. R. 16.2 or mailed to:

Office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

NW 54999 DocId: 32989522 Page 345

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## Page 346

Lillian & Harold Weisberg

Coq d'Or Press ROUTE 8, FREDERICK, MD. 21701

Code 301/473-8186

November 27: 1974

The Deputy Attorney General

The Department of Justice

Washington, D. C. 20000

Dear Sir:

After exhausting my administrative remedies, I filed c.

2301-70 in Federal district court in Hashington.

In it I

sought the

described spectrographic analyses made by the FBI

for the Warren Commission which had been denied me.

The law has now been amended. I herewith request that you

reinstitute this application for these analyses under the law

as amended.

„The Department saw fit in this previous case to make misrepre-

sentations to the courts.

I therefore want it to be

clear

that I sought and now seek only the final scientific reports

on these tests.

Not raw materials, not laboratory work, only

the conclusions as embodied in the

full report, or the report

itself.

Herewith I expand that request to include similar neutron-

activation testing, whother or not by the FBI, of those same

objects and materials, namely the bullet allegedly used in

the assassination, various fragments of bullet also allegedly

so used, and the various objects said to have

been in contact

with any or all of these. Here also my request is for the

complete report only.

Very truly yours,

Haulalse

Harold Weisberg

NW 54999 DodId: 32989522

Page 346

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## Page 347

ited States Bistridi Kn

FOR THE

District of Coloni

2301-70

CIVIL ACTION FILE NO.-

HAROLD WRISBERG

-•OH

Plaintifi

v.

SON

DEPARMENT OF

JUSTICE

их гисмми?

MORIA FINIS

moat total tor dideriuten

iotto

SUMMONS

PROSPECT AFTER

Defendant

To the above named Defendant :

AiL':

OU NOT FILE 14

THATS.

DIFFIGE FILES,

You are hereby summoned and required to serve upon

a aetsta belint a maat issito coassa s la elem ai sairaba ti diao boriapar tivebita-iaton

J.1W=

DUST DY TURNED TAS

DEPARTMEN:

F JUSTICE

R

..BERNARD FEISTERWAID, JR.

asplaintit's attorney, whosg address

17

AU'"

4 1970

R1

ful?

K.A. 0

927 Fifteenth St., N.H.

CIVIL DIT

"DEbpio Qui Generat Listigation See

an answer to the complaint alien is herewith served upon you, withi

days after service of this

nasa 240158

suntmons-upox you, exclusive of the day of service. If you fail to do; so, judgment by deratit will be

taken against you for the relief demanded in the complaint.

Clerk of Court.

203

Felip 9f.

[Seal of Court]

cierk..

"Date:

August

3, 1970

AUG 5

1970

DOCKET UNIT

DIVISIOY

Note:-This summons is issned pursuant to Rule Forthe Federal Rules of Civil Procedure.

avollor as riosen inialciano, end adim teriagos ji bariea one enocamua airs barieost I

NW 54999 DocId: 32989522 Page 347

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## Page 348

UNITED SIATES DISTRICE

COURT •

FOR THE DISTRICT OF COLUMBIA

HAROLD

WEISBERG

ROUtE 8

Exederick, Maryland

PlaintifE

2301-70

Civil Action No.

U.S. DEPARIMENT OF JUSLICE

10th & Constitucion Ave., N.W.:

Washingion, D. C.

Defendant

A

(Pursuant to Public Law. 89-487; 5 U.S.C. 552).

plaintiff brings this action under Public Law

89-487, 5 U.S.C.. 552.

2.

Plaintiff is a professional writer, living and

working in Frederick County, neas the city of Frederick, in the

State of Maryland. Plaintiff has published a number of books

dealing with political

assassinations and currently is devoting

his full time efforts to researching and writing additional

books on this same subject.

3 a

Defendant Is the U.S. Department of Justice.

4 Spectographic analysis is a comton and simple

mechor making porrihle the study of objects in even minischle

rage

NW 54999

DocIll: 32989522 Page

348

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## Page 349

quantities, so that their precise composition may ba discovered

and compared.

5.

when bullets and fragments thereof are studied

spectographically, It is possible to make a definite determination

thai all of the bullets and fragments came from one particular

batch made by one particular manufacturer or they did not.

'G.

After the assassination of President John E. Kennedy.

No Do In Dallas on Novenber 22, 1963; the Federal Bureau of Investiga-

neutrong

ention, a subordinate branch of the defendant Department of justice,

spectographically analyzed ano compared the following items:

Son! IT

Spectro

resulta

reporter

apa.

piles

QI.C!

CE 3.9.9

HB:

a) the bullet found on the stretcher of either

President Kennedy or Governos John Connally of Texas

(Identified as Exhibit 399 of the President's Commission

on the Assassination of President Kennedy, hereafter

referred to as the Warren Commission):

Q2

G td

b). bullet fragment from front seat cushion of

CE567

the president's limousine;

Q3'

C3

>a) bullet fragnent from beside front seats.

_ €E569

04-9564-058)

metal fragments from the president's head;

Gilvis?

Q9

e) metal fragment from the arm of Governox

Connallys

three metal fragments recovered fron rear

Ilror board carpet of linousines..

015.617

Gilg) wetal scrapings irch inside surface of wind-

thiola of limousine, and

page 2

NW 54999

Docha: 32989522 Page

349

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## Page 350

6321 Peace of curting

markor

suita

Heilman

h) metal scrapings

from cure in'Dealey Plaza

which was struck by bullet or fragment.

ly Catti, to Renter on August 12, 1964.

•7.

the spectographic analyses were made by FBI Special

Agent John I. Gallagher:

Even though i: Gallagher testified In deposition

form before the Warren Comnission, he

was asked no questions about

the spectographic analyses made os

the bullets and metal fragments.

(Hearings Before The Warren Commission, VOl: XV, DP: 746-52).

9. The testiniony ze the said analysos was given by

another FBI Special Agent, Robert à. Frazer, (Hearings Before the

Marren Connission, Vol. V. PD: 58-74).

10, At page 74 of his testimony, Mi. Irazer said thai

the bullets and fragments listed in paragraph 6, suora, were

"similar in metallic composition" but refused tp say that they were

identical,

11. It Is not known whether the fBI turned over the

speciographic analyses of the bullets and fragments or a copy

thereof to the Warren Commission or not; although they were

requested to do so by the Commission (Commission Report, p. XI).

12.

However, if the analyses were turned over to the

Warren Comnission, the Commission In turn did noü deposit then in

the National Archives, although all of the rest of lts materials

MEiE

so deposited.

Page 3

NW 54999 DocId: 32989522 Page 350

---

## Page 351

23. Plaintist's 'first formal attempt to get permissioi

to see and/ri copy the spectographic analyses was in a letter to

FBI Directos J. Edgar Hoover, dated May 23, 1966, (see Exhibit

A appended hereto.)

34. Plaintife's request went unanswared.

?

15. During 1966, 196%; 1968, and 1969 Plaintifi made

numerous requests, both orally and in writing, of the National

Archives (which should have had a ccopy of the analyses, but main

tains that it does not) and the Department of Justice to examine

and/or copy the analyses.

(See Exhibit B appended hereto.)

16. On April 6, 1970, Plaintiff wrote to the Attorney

General requesting his review of the denial by the Deputy Attorney

General of his request fox access to várious natexials, includirg

the spectographic analyses:

(see Exhibit ( appended hareto.)

17. On May 16, 1970, In a letter addressed to dr.

Richard Kleindienst, Deputy Attorney General, Plaintift renewed

his request, accompanying It with a completed form DJ 118 ("Re

quest fox Access to Official Records Under 5 U.S.C, 552(a) and

28 CFR Pari' 16"), describing the records sought as follows:

"Spectographic analysis of bullet, fragments of

bullet and other objects, including garments and part

of vehicle and curostona

said to hava been struck by.

buliet and/or fragments during assassination of presi

den: Kennedy and wounding of Governor Connally.

my letter of 5/16/80.

(See Exhibit D appended hereto.)

Page

4

NW 54999

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## Page 352

18e On Juno 4, 1990, the Astorney General replied to

Plaintife's letter of April 6, 1970, denying him access to ine

spectographic analyses, stating that they were exempt fron public

disclosure under 5 U.S.C. 552 as a part of an "investigatory file

compiled for law enforcement purposes." According to the Attorney

General, they were exempt fron compulsory disclosure under excep

tion No. T of that Act. (Sea Exhibic l appended hereço.)

19. In a lettar dated June 12, 1970, the Deputy Attorney

General took an identical position, denying access under 5 u.s.c.

552 (0) (7) • (See Exhibit i appended hereto.)

20, The request remaining denied after exhaustion of

administrative procedures, Plaintifi files this complaint pursuant

to Public Law 89-487, 5 U.S.C. 552, further alleging that, pursuant

to this law, the records must be made availaole to him, and the

court shall determine the matter de novo, and the burden 1e on

the

Defendant to sustain Lis refusal.

WHErErORE, Plaintiff prays this honorable Court fos the

following relief: that Defendant be ordered to produce and make

available for copying the spectographic analyses of the various

bullets and fragmencs listed in paragraph 17, supra, and such other

relief as this Couri may deem jusi and equitable.

BERNARD FENSTERNALD, JR.

927 Fifteenth St. N.W.

Washington, D.C: 20005

Tel: 347-3919

Attorney for Plaintiff

Dated:

Page

5

NW 54999

DocIdy 32989522 Page

352

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## Page 353

FEDERAL BUREAU OF INVESTIGATION

POSTPONBARNT INFORHATION SHEET (JFK MATERIALS)

5 page withheld entitions

at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

Subsection 2

(living person who provided

confidential information)

Subsection 3

[]

subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently requiring

protection)

[] Subsection 5

(security or protective procedure,

currently or expected to be utilized)

Information pertained to a matter unrelated to the JFK

Assassination investigation.

I For your information:

FUSA

- The following number is to be used for reference

regarding this page (these pages):

+862-109060-8302X

xXXXXXXXXX

XXXXxxXXXX

XXXXXXXXXX

xxxxxxxxxx

XxxXxXXXXX

XXXXXXXXXX

| NW 54999 Docid: 32989522 Page 353

---

## Page 354

stack

6/23/75

Legal Countat

Reference is made

to mesorendus of Loyal Lounsel

tolle. Adana 5/13/75, waich secomended humtaring to ste

Departent and Aaszatant United States Attorney i (AUsA:

Mcisel Boat, Distries of Colmnia, copios of an artidarit

of Bn roin 1. Mity dated

5/73/75÷

concesidne

maidu say

inacions poriustod b7 the uBI Laboratony in connection rich

puz insatigatin or tae annassi

aldo so President JOhn F*

Remedy this recimenation nas spyrores:

the adridavit

vas subsercently zamitted to

the corre

and the plaintia

has lled = notion to size the niriam is en the gromas

that 14 me nada not in personal inculedte: does pot coenly

with the courty directira

that such sa afidarit should

interdes, son vas submitten

Attached susphonentar

atiNdarit of Illty contains

Information semested 47 ANSA Iran do 6/20/72, le order to

oppose potion to strike, lond Eyea bas savioed that he would

Jiso to haro this supplenontal

ateldarity

1° at all postible.

Đy 6/23/75-

Targe of the painta valsed in plainbri's nortor

ta sir fire

Bea brought to the autontich at legal Sones tree

020013352

ano stile Inboratory sons shoote doncentag the

interestion, vilch a moriously famished platatiess

fact that spoozozzaphie anaijais ras

ric di mall fordra setal astars apposing on a mabateme

noes the Location whore toe President bas sici

The conclusion

Vasia:

i 12529%

astrate

Blakes

Extty

Bresson:

NIX

(7:

54999

DocId: 32989522

Page

354

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## Page 355

133

esodon of ternaios Act (Poid.

Feguest of Harold Hisdibess

vas Herched Faes

this sieat

"gould be bollet motal,"

Iscoracony has sanisad set

Tre-

thoy hare beet mabie ti Zonste

the spectrogrichie viste e pittes tnich vonid hove Desn maãe

Contact with the setired si

es conducted tis tus anticatos

ho Roes not zacall tast te

ild with tho matels); and ha belterss

be zote his tirlings dipsotly

On the fus soss musat dariele

Prographic piates a là: FOLA rognast, and #e aa inêteatins

the attacred sugplenente silidarld isee Parasraph Pares: Mad

pratousty fusicasd voci spot alone arcisis of alz notes znd

IOSIS CE

Sede tost, 30

trone shorte be no direct protles in

sonnection sath tuta prosono Lausait

tes fact renaios

chat material conoerine pur investlastan e: the Rennedy asses

te sabject

S4 E

Budi

The

second poushle mobian is teat

đ0 & 11207-

Lester fao 5+

Bogar Eoores

J* Lae

Banta

nadate;

¿e 1a stated (concorzing this sano natal inope" it

une asterinse tuos a Elezostonte study thut the lead doject

the)

: tha curbing causing the hark vas roving in a peneral

direction ary fron Ishe Loras Scheal- Hock Depositorz 3utlaina."

the conalisione a This sentenco are apparentiy correeti

that

1, the mene me load and the ebject poula baro cons trota te

dreotion of Ithe Boo: Depositong:

Rovover; I the Laboratory 3s

instale do locate an docunonianz stidones

hat any riczoscopie .

The prosence of lond was esere ta laed

tronga speciranne statesi las saulutase in bare nesorandue

soone sid lina Zaptules tiEn+

The plantite has isquestod this

niorpoccala abady, and ve are aneroring iz the supletentat sitim

Gavit (oce Paragraph Forz

staply Coau ne bare rucoverse no

adattiona] documents concerning a study of this tyze,*

À claime

could be made that te purpossly or thangh error misland

Tha thied prosten is s lanser one in that V3E laboratory

recorde suppori eur position

Plaintili in his motion to crike

Rockin su

tho

3/22/64 Esportare Session of tho

54999 DocId: 32989522

Page

355

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## Page 356

Hes

Adent

Frosdon of Infossacion set

Harren Formissims

thin hệ pate

testimony to the outset that

neuros notiration anyade sas being unlizad as carte in

1/10/ft on the boston framenta zonored aron the bodies az

Fraiden Xemony lane Unvernor Donalys

Plaintite else cuctes

fron = 1/10/04 lattor si fir, Roorea to fa, Britn shuab costa.

be mered as portina thie testimone

pertinent Ishonatory tilad and noten shore i ine loins med

on coaLien datas so araniao paraffin casts mon the hands anc

cheet of Ico Harroy Certa,

• testing was not badna sea at

1is tune for the cantnation te any mosal

this case, he mad it so utillard ratll 5/15/61. (sce Deman

Chat

the aniached supplemental artidarit be uporarod

tink thereatten

reminderstative of the F0ll lisation unity

Doper insat de Jusales

3

WW 54339--DocId:32989522. Page 356*

...:

---

## Page 357

UNITED STATES DISTRICT COURT

THE DISTRICT OF COLUMBI

HAROLD WEISBERG,

Plaintiff

V.

UNITED STATES DEPARIMENT ÓF JUSTICE, 'ét al.,

Defendants

Civil Action No. '75-226

AFFIDAVIT

I, Jöhn W. Kilty, being auly sworn, depose as follows:

1. I am a Special Agent of the Federal Bureau of

.. Investigation (FBI) assigned to the Laboratory Division of the....

FBI, Washington, D. "C., in a supervisory capacity... This affidavit:

supplements my previous affidavit of May 13, 1975:

2. I have personal knowledge concerning the contents of

Paragraphs 26-29, inclusive, of plaintiff's affidavit dated June 2,

1975, wherein plaintiff alleges numerous documents falling within

his Freedom of Information Act. (FOIA) request have not been furnished

him.

3. Concerning plaintiff's allegation that he has not been

given the "spectrographic testing" of "small foreign metal smears. on

a piece of curbing": the Laboratory work sheet which wäs previously

furnished plaintiff and from which he quotes is the notes and results

of this test. A thorough search has uncovered no other material con-

cerning the spectrographic.testing. or the metal smear on the curbing.

14. Concerning plaintitf's allegation that he has not been

given; the "microscople. sudy" rererred to at the bottom of page two

off an August 12, 1964, letter from J. Edgar Hoover. to J. iLee Rankin,

which letter has also been furnished plaintifi:. a tnorough search

has uncovered no additional documents concerning a study of this type.

NW 54999 DocId: 32989522 Page 357

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## Page 358

5. Concerning plaintiff's allegation

that he has not

been furnished "a Laboratory report apparently dated December. 5,

1963": inasmuch as plaintiff has indicated he did not wish to

receive our reports which are already available to the public,

but rather the data compiled as input to these reports, this report

was not furnished to him

This material is available to the public

as Commission Document No: 205, pages 153-154... i-

6. Concerning plaintiff's allegation that, although the

date of: all the neutron activation analysis NÁẠ) documents furnished

him is May 15, 1964, there is an indication that this technique was.

already being utilized as early as January 10, 1964: the earlier NAA!

the quote from Mr. Rankin in Paragraph 27 of plaintiff's affidavit to

the contrary notwithstanding; was conducted won paraffin casts taken

of Lee Harvey Oswald's hands and cheek..

"Plaintiff requested NAA-

material concerning metal fragments only. No neutron activation

analysis of the metal fragments was made prior to May 15, 1964.

7. Concerning plaintiff's allegation that there may have

been NAA' testing subsequent to May 15, 1964: to prevent any further

misunderstanding concerning NAA technique, it should be noted that

the date written on the 'NAA' documents furnisted plaintiff refers to

the date irradiation of the metal fragments was conducted. The

compilation of other data appearing on these documents would have •

of necessity occurred after the date of irradiation. :.

. .

8. Concerning plaintiff's allegation that, although NAA

testing was conducted on the clothing of President Kennedy and;

Governor Connally, he has not been furnished the results of this

testing: further examination reveals emission spectroscopy only

NW 54999 DocId: 32989522 Page 358

---

## Page 359

was used to determine the elemental composition of the borders and

edges of holes. in clothing and metallic smears present on a wind-.

shield and a curbstone: NAA was used in examination of certain

metal fragments, and plaintiff has already been furnished material

relating to these examinations. NAA was not used in examining the

clothing, windshield, or curbing.

9. FBI files, to the best of my knowledge, do not include

..any other infornation requested by plaintiff in addition to that

previously furnished him.

subscrIbed and sworn to before me this

pane, 1975.

John V. Kilty

Lola W. Kill,

Special

• Agent

Federal Bureau of

Washington, D. C.

Investigation

23-2d day of

One tee

Betastes

Notary Public

My commission expires -

4-30-78

NW 54999

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## Page 360

1 - 1ir. Cochran

1 - 115. Stack

11. 1109

June 20, 1975

Mr. Cochran

A. i, Stack, JI.

FREDDOM OF INFORMATION (FOIA)

REQUEST OF HAROID FEISBERG

and June 17, arence stack to Cochran monoranda, June 16

This memorandun concerns itsolf with paragraph 27

in Heisberg's Memorandum of Points and Authorities wherein

Weisberg quotes a letter dated January 10, 1964, fron

J. Edger Hoover to J. Lee Rankin and comments nade by Rankin

at an executive session of the Warren Cormission on

January 27, 19644

In regard to the first point, Director Hoover"s

letter states that "work is already in progress applying"

neutron activation analysis "to certain phases of the current

investigation."

An examination of portinent laboratory files

and notes shows that NIA was being used at this time to

examine paraffin casts fron the hands and check of Oswald.

NaA was not being employed at this time for the examination

of any matal fragments involved in this case.

In regard to the second point, Pankin states that

the AEC was conducting examinations on

"bullet fragnents"

"by a now method" and "chey have had it for the better

of two and a half wooks and we ought to get an ansver part

examination of pertinent Laboratory files and notes shows

that the metal fragments were not submitted to examination by

NAA until May 15, 1964.

Woisberg has never requested the iM data on the

paraffin casts fron Oswald and has been given the data on the

examination of the metal fragments.

ACTION: For information.

1 - Iir. Blake, 4706 JB

It. Fresson, 5448 JEH

JWK: jal: (6)

NW 54999 DocId:32989522 Page 360

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## Page 361

Mr. Cochran

M. J. Stack, Jr.

June 20, 1975

1-Mr. Cochran

1-Mr. Stack

i 1-Mr. Kilty

FREEDOM OF INFORMATION (FOIA)

REQUEST OF HAROLD WEISBERG

Reference is made to Stack to Cochran memorandum

dated June 16, 1975.

Former SA William R. Heilman conducted the spectrographic

examination of a lead smear removed from a curbstone in the

investigation of the John F. Kennedy assassination. On June 19, 1975,

SA John W. Kilty of the Laboratory telephonically contacted Mr. Heilman

for the purpose of determining if the notes made by him concerning

his examination and available in the Oswald file are complete. He

advised that normally he would construct a "table" to record the

relative concentrations of the eliments he measured on a spectrographic

plate so that it would facilitate intercomparisons between samples.

However, in this case, as he recollects, he ran only one sample and

the important part of the examination was to determine if the smear

was in fact lead. The notes he made on the worksheet reflect that

he detected lead with a trace of antimony and that no copper was

observed.

Mr. Hellman stated that he does not know the whereabouts

of the spectrographic plate he made. He advised that it is probable

that it was destroyed along with other plates which are disposed of

periodically according to polpey set down in Bufile 62-38539.

Mr. Hellman advised that if it were required he would make

an affidavit stating substantially the foregoing.

ACTION: None. For information only.

JWK:jc

(6)

- Mr. B/ess047 644B Hoover Butling

NW 54999 DocId: 32989522 Page 361

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## Page 362

Mr. Cochran

M. J. Stack, Jr.

June 16, 1975

1-Mr. Cochran

1-Vr. Stack

I-Mir. lllty

FREEDOM OF INFORMATION (FOIA)

REQUEST OF HAROLD WEISBERG

By letter dated March 31, 1975, to James B. Lesar, Esd.,

attorney for Weisberg, the Bureau released five pages of documents

in the John F. Kennedy assassination Investigation. These five pages

related to the examination of a curbstone and are enclosed with this

memorandum.

As can be noted on the first page of the Laboratory worksheet,

lead smears from the curbstone were examined spectrographically.

In a Memorandum of Points and Authorities filed in U. S, District

Court for the District of Columbia, Welsberg has asked for "this

spectrographic testing. " An exhaustive search of pertinent files,

and storage locations has not turned up the spectrographic plates

nor the notes made therefrom. Therefore, by affadavit, Kilty can

say that the FBI Laboratory has turned over to Weisberg all the

material it has concerning the spectrographic examination of the

lead smears from the curbstone.

ACTION: None. For information only.

JWK;jC

(6)

1 Mr. Breson, 5448 JEH (with enclosures)

1 - Mr, Blake, 4706 (with enclosures)

Enclosures

NW 54999 DocId: 32989522 Page 362

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## Page 363

Mr. Cochran

M. J. Stack, Jr.

June 17, 1975

1 Mx. Cochran

1-Mr. Stack

. I-Mr. Kilty

FREEDOM OF INFORMATION (FOIA)

REQUEST OF HAROLD WEISBERG

Weisberg has initiated action in U. S. District Court

to have stricken an affi davit executed by Special Agent John W.

Kilty. Among the numerous reasons given are two which are

discussed in this memorandum.

The first concerns the "microscopic study" referred to

in the last paragraph of page two of the attached Hoover to Rankin

letter. Weisberg contends that this "study" was not furnished him.

Weisberg's requests by letter and by personal interview were

limited to the spectrographic analysis of lead smears from the

curbstone. The Laboratory has available a single page worksheet

prepared by former SA Lyndal Shaneyfelt concerning examinations

he made which may be applicable to the "microscopic study. " This

page is enclosed.

The second reason concerns the fact that Weisberg was

not given an FBI Laboratory report dated December 5, 1963, which

contains the results of examinations on the clothing of the President.

Weisberg did not request this report. He requested the worksheets

and notes concerning these examinations and he was furnished these

worksheets and notes. According to Mr. Marion Johnson, U. S. Archives,

the results of the Laboratory examination of the President's clothing

are set out in Commission Document 205, pages 153-154. This is

available to the public.

ACTION: None. For information only.

JWK:jc

(6)

I - Mir. Blake, 4706 JB, with enclosures

I - Mir. Bresson, 5448 JEH, with enclosures

Enclosures

NW 54999

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## Page 364

REV. 5/9/75

-д--"»

FEDERAL BUREAU

LEGAL C

Director

Mr. Callahan

Mr. Jenkins

Mr. Adams

Mr. Ash

Mr.

Bassett

Mr.

Cleveland

Mr. Cochran

Mr. Decker

Mr. Gallagher

Mr. Gebhardt

Mr. McDermott

Mr. Mintz

Mr. Mooney

Mr. Moore

Mr. Walsh

Mr. Wannall

Mr. Brownfield

Mr. Coleman

Mr.

Reed

Mrs. Metcalf

Mr. Malfeldt

Mr. Still, 6139 IB

Mr. Herington

Mr. Bowers

Mr. Hotis

Mr. Daly

Mr.

Dennis

Mr. - Miller

_Mr. Taylor

Mr. Olmert

Mr. Peterson

Mr. Donahue

Mr. Blunt

Mr. Davis

Mr. Laturno

Mr. Sarhatt

Mr.

Blake

Mr. Schofield

M

Room

Killay

7417 Junet

NVESTIGATION

SEL

6/13

→ 1975

Miss Devine

_Miss Murphy

Miss Hughes

Miss Kircher

Miss Weaver

Miss Goselin

Miss Scott

Miss Ellis

Miss Yoder

_Mrs. Craighead

Mr. Donelan, Quantico

Mr. Boutwell

Mr.

Burke

Mr. Me Laughlin

Mr. Rissler

tt

See Me, Please

Call Me, Please

Note & Return

For Approp. Action

Mail Room 5531

Corres. Review

Teletype Room

Place on Record & Return

wend

for are assures.

vein tineech -

54999. DocId: 32989522

Page 364

Tom

Blaste

Legal Counsel

Room 5640-Ext: 2078

x:2461

in 4206 furtice

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## Page 365

10

is further corroborated by the reference to these tests made by

Warren Commission General Counsel J. Lee Rankin at the Commission's

January 27, 1964, executive session:

Now, the bullet fragments are now, part

of them

are now, with the Atomic Energy

Commission, who

are trying to determine by

• a new method, a process that they have, of

whether they can relate them to various

guns and the different parts, the frag-

ments, whether they are à part of one of

the bullets that was broken and came out in

part through the neck,

just what par-

ticular assembly of bullet they were part

They have had it for the better part of

two ard

a-half weeks and we oughi to get an

answer.

[See Exhibit E to the Complainti

28

In addition, I also have reason to believe that other

NAA testing should have been done after May 15th. Yet I have not

been

given any NAA testing done after that date.

29.

FBI Director Kelley's April 10, 1975, letter to Mr.

Lesar, a copy of which is attached to the Kilty affidavit, states

that the FBI has responded fully to my request for the spectro

graphic and NAA

testing. Director kelley's letter also lists the

NAA-tested items on which I have been givin "irradiation data and

calculations".. This list does not incluâ. NAA tests performed on

the clothing of President Kennedy or Governor Connally. Yet

Special Agent Kilty's affidavit states in its

seventh paragraph

that:

"Neutron activation analysis and e nission spectroscopy

were used to determine the elemental comp. sition of the borders

and edges of holes in clothing ..."

Beause I have not been

given any NAA testing of any clothing, Mr Kilty's affidavit is

false and deceptive. It also contradicts Mr. Kilty's and Direc-

tor Kelley's assertions that the FBI has fully complied with my

request. For the NAÀ testing. I believe tiis court should address

itself to the question of perjury.

HE 5041508970

J0o vihal: 32989522

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9

waived my claim to the neutron activation analysis (NAA) of the

clothing of Presidant Kennedy and Governor Connally as is sug

gested by the wording of paragraph 4-b.

2.6

•Paragraph five of the Kilty affidavit refers to the ma-

terials listed by Agent Kilty in paragraph four and then

states:

"All

available data relating to the above consists of 22 pages

also furnished Mr. Lesar by SA Bresson on Karch 31, 1975." Unless

there has been destruction of evidence, this is false.

FOr

example, one of the documents given me is & partially masked copy

of a letter from J. Edgar Hoover to Warren Commission General

Counsel J. Lee Rankin. Attached to that letter is a laboratory

work sheet which reports that "small foreign metal smears" on a

piece of curbing "were run spectrographically (Jarrell-Ash)". I

have not been given this spectrographic testing. Nor have I been

given the microscopic study referred to at the bottom of page two

of this same Hoover letter. Similarly, another document provided

me refers to a lab report apparently dated "12/5/63": I have not

been given that report either.

27

Nor has the FBI provided me with all the materials re-

lating to the neutron activation analyses which were made. All of

the VAA documents which I have been given hear a date of May 15.

However, in his January 10, 1964, Jetter to MI. Rankin, FBI Direc-

tor J. Edgar Hoover stated:

The FBI Laboratory is well acquainted

with the analytical technique of neutron

activation analysis.

Through arrangements

worked out with Dr.

Glenn T. Seaborg,

Chairman of the Atomic Energy Cormission,

work is already in progess applying this

technique to certain phases of the current

investigation. (Emphasis added. See.

Attachment Dj

From this it is evident that NAA testing wis performed long before

the May 15 date on the documents which the FBI has given me. This

NW 54999

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## Page 367

3

He soán given the mioroscopie stily, caed ta al sha boston of!

rage two of the sano Hoover loiter.

Nos the lab report dotra

12/5463 which 15

referred to in another document given Mr: Feis-

Barg.

[sce Weisherg affidavit, paragraphs 26-25) these still

withhaid documents contradict the clain of full compliance wich

Ir. Maishorg's request and

show that the affidavit of Special.

Agent Kilty was not submitted in good faith.

Accordingly, the Kilty afflaavit sho:ld be acriken.

Respectf. ly submitted.

BANDS AURAN INSAR

1231. Fousch

Street,

W.

Was ington, D. C.

20024

Attisney for Plaincite

CERTIFICAIE OF SERV

I herchy certify that I have this 3ri day of June, 1975.

mailed a copy of the foregoing lotion to i urike Affidavit of John

W. Filly Logether with the Memorandum of coints and Auchorities,

proposed Order, and attached affidavit of Harold Heisbery to

Assistant United States Attorney Michael i. Ryan, Room 3421, Unáice

States Courchouse, Washington, D. C.

20 01-

JALL S TIRAM LESAR

NIN

54999

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2

of Harold Weisberg make the bad faith nature of this acclanvis

quite clear. Speciol Agent Kiity was present at the March it con-

ferenco arranged so the FBI could

offer ir. Weisberg materials he

had not asked for rather than give him what

he had requested.

that conforence Mc. Riley had to zurn to FBI Special Agent Novert

Frazior for answers to questions raised by lir. Weisbers.

iront

Frazior does have peraonal knowledge of what tests were

conducted

on the items of evidence specified in Mr. Meisborg's infonition

request.

In tact, Agent frazior, who is ecill on active duty with

the IBI Laboratory, testified before the locren Commission ¿bout

of the tosto which vere conducted. 'to could execute

altdavãs, since he dose have

personal inowledge of the tents porn

FosTeú. Yet it 15 Agent Kilty, who does tot clain such personal.

knovleâge, who has beon used to execute ile absidavit. me reccor

Is obvious: bocause Agent traator does l so pessonal Inowlede os

the besis conducted, he could not executc an affidavit stating

there has been full conpllance with M°. Kisherg's sequest vithou

commitring perjury.

ISee Weisborg affida it, paragraphs 29-313

The contont of the Kilty affidavit iself provides additional

evidence that it was submitted in bad faish.

• Fox exemplar Pure

graph five of that affidavit ecates that ' Weisberg has boor

given "all available data" relating to testa on certain itons oe

evidenoe Jisted in paragraph four. Unles: evidence has bect do

stroyed, this is false. This is

shown by internal evidence fron

those documents which the FBI has siven i: Reisberg. Nutached thi

the august 12, 1964 letier frOn FBI DisOC I U. Edgar Hoovor to

• Warren Connission General Counsel J. lee lankin is a laboratory

work sheet which coports that "small. for lyn metal sneara" on a

pioce of curbing "were run spectrographi, ily (Jarrell-ash)". One

weinberg has not been given this spectre iphic testing. Enor

54999

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## Page 369

UNITED SINIIS DISTRICT SOUK'!

FOR TUE DISTRICE OF COLDIDIA

HAROLD

WEISSERGe

Plaintife,

Civil Action NO. 75-225

UNITED SERIES DEPARTHEND OF

JUSTICE, and

U.S: ENERGE RASRARCH AND DEVEL

ADZINISTRATION,

Defendants

MENORASDUA OR POINES AND ANORTIIES

Counsel for the defendants has submitted an alcidavit by rsi

Special Agent John I. Milty in suppost of is ossertion that she

I'of has fally complied with plaintifs's fuccon of infornation e

quest for all spectrographic and nautron citivation analyses and

othes.

scientific tests conducied on specied items of

evidence

pertaining to the shooting of Prosident dent. Kennedy.

HOwever

this affidavit does not secite facts whicl establish that Special.

Agent: Kilty has personal, knowledge

of all he tests which veze cour

ducted. Hor does Agent Ility state th his affidavit that he has

searched all of the relevant files which i ght contain inforcation

:

by plaintift or how in the absence of pore nal knowledge of all the

•tones conducted he could locate and search a11 of the relevant

Isles.

[see the attached affidavit of pli atist harold welsberg,

especially paragraphs 30 and 311

The Rilty affidavit must bo stricken cause it kas not sub-

mittod in good Enich.

The facts recited 1 the attached altidivi:

WW 54999 DocId: 32989522

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## Page 370

15-0110

STARES DISTRICY COOKE

FOR LIE DISTRICI OF COLMADIA

HAROLD WEISBERG!

Plaintifi,

Civil ACtion NO.

75+225

UNTILD SEATES DEPARESENE OF

JUSTICE, and

U.C. EMERCY RESEARCH AND DEVIL

ORMELTE ADMINISTRATION,

befendants:

MOTION TO SIRIKE NETIDENZE

or pONd W.

Pinintift novos the court to strike the affidavit of rei

Spacial Agont John Vi. Kiley on the grounds that it in noc mêe on

personal. Inovledge, does not comply with the court's directive

that suor an affidavit should cespond to plaincift's interroga

tories, and was

sundiced in bad farti.

A Memorandum of Foints

and luchorities and a counter accidavar

of Harold Noisberg are actachod hereto.

Respectfully submitted,

JAMES IRAN LESAR

1231 ipurch Strect,

Mashi: gion,

D. C.

Astor sy for Flaintift

S. W.

20024

54999

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## Page 371

lixo Ja B. Adams

Legal Counsel

FREEDOM OF INFORMAZIOE ACT (FOIA)

HEQUEST OF HAROLD WEISBERG

5/15/75

For your information, It will he recalled that

Veisberg recently roinstituted a civil suft to compell

production ot laboratory dacuments pertalning to spectro-

graphic analysis examinations conducted in connection with

the assassination case of President John F. Kennedy.

Weisberg and his attorney, James E. Lesar, subsequently net

with representatives of the Legal Counsel and Laboratory

Divisions at which time the scope of his request was

Identifled and the documents to which he sought access were

described to him

It was agreed that production of these

documents would satisfy his request and moot the pending

civil suit.

Requested Information and documents have been

furnished Mi. Keisberg and his attorney.

Mr. Michael Byan, Assistant United states Attorney

(AUSA), District of Columbia, has now furnished copies of

interrogatories (attached) directed by Mr. Weisberg's attorney

to the Department of Justice and the United states Inergy

research and Development Administration (LADA) TOgarding

additional dats not previously obtained by weisberg during

various steps of negotiations.

Mr. ayan indicates this matter

has been set for a repeat status called by Judge John H. Fratty

United states District Court for the District of Columbia, for

Judge Pratt expects our affidavit along with inDa's

affidavit showing compliance with Weisberg's FOIA request prior

to 5/21/75. Na. Ryan suggested that our reply to the attached

Interrogatories be answered generally in our affidavit as he

will request the court to moot the pending civil suit on basis

of our compliance with the FOIA. This matter has been

I - tir. Cochran

1 - 1r. Kilty

2 - Mr. Mintz

1 - Nr. Sarhatt

Ls:1sy

(CONTINULD - OVER)

(6)

UNW 54999 DocId: 32989522 Page 371

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## Page 372

Memorandum to Mr. J. B. Adams

Freedom of Information Act (FOIA)

Request of Harold Weisberg

coordinated with the Laboratory Division and the Legal Counsel

Office has discussed this matter with Mr. Jeffrey Axelrad,

epartment i lustice, divid Division, and the aforementione

Mr. Michael Ryan.

There is attached to this memorandur che

affidavit of SA John W. KIlty.

Enclosures

RECOMMENDATIONS:

nat the attached artidavit be approved and therealte:

e hand-carried to AUSA ivan by representative of the FOI

Litization unit

Legal Counsel Office, in an effort to comply

with Judge Pratt's wishes for an early determination of this

matüer. Also a copy of the affidavit will be hand-carried to

HI. Jeffrey Axelrad, Department of Justice.

-2-

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## Page 373

UNTIED STATUS DESTRICT COURT

FOR THE DISTRICI GE COLUMBIA

HAROLD AZISPERG,

Plaintist,

Civil Action rio, 75-0225

URITED SMATES DEPANTHLUT CE

JUSTICE, 2ad et al

U.

EXEREZ RESPARCE AND DIVEL-

OP-3ANE

ADMINICERATION,

Dafendantg

FININOITE'S FIRST SET OF INADRROGNIORIES TO

DEPREDANT MILDED STACOS DEXARENERT DE JUSTICE

Under Rule 33 of tue Foderal Rules of Civi? Exoceduro, plain

tiff addresses the following interrogatories to defendant united

States Departnient di Justico: .

1, that arc the kinds of toots or examinacions, physioul.

chanical, microscopic or othemise, which would normally bu cor

ancico ta âctermine: (a) unether or not bullots or builer fra

ments have a coamon origin, os (b) which ballota or bullet tray

ments struci: wich persons or objects?

2. A50 thare uny additional tests which could have beer asca

in the invostigation into the assassination of Fresident Rentedy

to help mako these detercinations? If so, what aro they?

3. Which of the tects listed in response to the above intor-

sogatorios vero periored on the evidence portaining to che

41603531

ination of Exesident Kennedy?

#a tiero the tosis conducted on the items of evidence por-

taining to the assunsination of President kennsay as complete

NW 54999 DocId: 32989522" Page 373

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## Page 374

they could have been?

So tist all tons of avidence having to do with the chooding

of president kennedy or any weapon used of allegaûly used in thc

shooting, including any and all bullets or bullet fraguants anc

any objacts strucis or allegedly struck by bullot or bullet Frai

mants.

Give the Iollowing

information with respact to those icens

of evidenco:

(a)

the typc of teste zerformad on each such iten of cvi-

dence?

(b) the date or dater on which each such icen of evidence was

tasted and the nana of the laboratory in which the tosting was

done;

(e) the name of the person of persons conducting each such

test and the namos on any ocher persons present during the test-

ingi

(a) the capacity, official or othervise, in vich the per-

sons listed In response to interrogatory Ste) were prosent it

such testing; and

(a) the current adazero and employment of each person namod

In sasponse to anterrogatory 5(c).

6. List all correnpondence with reapect to such tosts tich

was exchanged bewaen the fBI nnd the Warzen Coundasion, includ

ins the Caminsion's Chaiman, Earl Warren, Its General Sounsel,

Ju DOO Rantin, or any norber of the conniscion's stass.

7. Ilst all correpondonue wich respact to such tests which

was exchanged between the ent and the 22c.

8. Nhat are all the cheaical vomponants of the bullet

(053091 allegualy uced in the murder of Fresident Kennedy?

9. Mozo a1l of these chonical corpounts tooted in baco ca

the teats mador If not, why not?

_NW. 54999 DocId: 32989522 || Page_374

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## Page 375

10. That are the sormal

standards and procedures for con-

ducting neution activation analysis?

1l. Here the normal standards and procedures

follored with

rospect to the testing

and analysis of items of evidence pertain-

ing to the assassination of President Kernedy?

12. Undex normal circunstances, vho decidos what is tested?

13. Nich rospect to the assassination of President Xennecy,

who deciaod what was tested?

I4. In subjecting evidentiary specimens to neutron activa-

tion testing, is it normal to make a full and compicta tabulation

of the results? In this case, was any such tabulation made? II

so, was it complete?

15. In making a neutron activation analysis, is it nosmal

to reach stated conclusions as to whothar the various avicontiary

specimens are identical or different in chemical composition?

1G. Were any such staica conclusions made with respeci to

the itons of evidenca tesied by spectrographic or neutron activi-

tion analysis in this caso?

17. Were full and conplete results of the spectrographic

and neutron activation tests given to the Warren Commission? Diù

the Marten Cormission ask for them?

18. Were full and complete stater conclusions

as to what the

tests showed given to the Warren Connission? Diá the Warren

Cormission ask for then?

19. Was the neutron activation testing done on any icons

avidence in the konnedy assassination other than the paraffin

casts and the five Commission Exhibits--CE 399 (Ql), CE 567 (02) ,

CS 813 (04, Q54, CL 912 (QS), and CE Ü10 (Q11) - mentioned ii tho

April 10, 1975, letter Exon 23I Director Clarence Rellay to IT.

Jonas Il. Losar?

20. If the answer to interrogatory number 12 is affirmative,!

what are the other itens of evidence which were subjected io

NW 54999 DocId: 32989522| Page 375

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:

neucron activation *acing?

21. If the answer. to intorrogatory nunher 12 is negativo.

why wese the following itens of evidence not subjected to nautron

activation testiny:

(s) CH 141, the Live round found in the Kannlicher-Carcano

Iifle chica allegelly belonged to Ice Harvey Osuald and fired the

snote which killed escaident Kennedy?

(D) the clothing of presidont Kennedy and Covernor Connaily

struoi: by or ulleged to have bees struck by bullets?

(c) the carbstone on the south side of 5. Main Street cast

of the Trizle inderpass wich was seruch by bulleta

(2) the bullet fragmant: which is FIT, Laboratosy Nurber 03?

22. Undez nosal proceduras vould the resulta of the spec-

trographle or neutron actavation analyses be recorded and verifica

ay schoone other than the person corducting the tost3? was such

a pestedure Iollowed with respect to the ¿toma of evidenca cosicá

by those technáques in conneccion with the investigation into

Fresident Kennedy's assassination?

25. Has a full and compiate couparison made betweon the

chemical composition of ce 399, the bullet nich allegedly

wounded both irosident konnedy and Sorernor Connally and (a) mo

composition of the notallic traces on President Kennsug'e clothtay,

(3) the composition of the notallio traces on Governor Connally's

alothing, and (o) thu composition of all fragments taroved Sion

Covaror connally's body?

24. Weg a fall and complete comparison made boaroon the

chanical composition of the bulle: fragmonts Iccovered fron Irasi-

dent Kennosy's lead and (a) the composition ne the meepings fron

the mindebichi, and (a) all five fragnento tound in the car cunt

two ciffezant searcher?

NW 54999

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5

25, Has a full and complete compartoon made between the

chemical conporition of da 399, tne bullet which allegedly roanded

both Irisident Fennedy aud Governor. Connaily and (a) the composi

tioi of Co 111, the bullet founá in the Mannlicher-Carcano rifle,

and (b) a11 other bullo: fragrents?

Picase note that under lute 33 of the lederal Rules of Civil

Procedure you aro requiroá to serve upon the undersigned, vicin

30 days alter service of this socide, your anowers in vriting

and

UnãEt oath to

the above interrogatcries.

JAILS SUKAS LESAR

CERCIZICANE DE

SERVICE

I hereby certify that service of tha foregoing has been made

upon the defendant inited States bepartmont of Jurcice by de

livering a copy thareof to its attorney, Agatrtant inicad Statos

Attorney Kichael J. Ryan, on this Inü doy of day, 1975.

JATES FIRAN LESHE

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## Page 378

DHITED STATES DISTRICT COUNT

FOR TUE DISTRICE OF COLUMBIA

HAROLD WEISSERG

Plaintifi,

Civil Action No. 75-0225

THIIID STATES DEPARTUONT OF

JUSTICE, and

Ji-S. ENDRY RESEARCH AND DEVEL

ORIENT ADKINISERATION,

Defendante

PAINTIEF'E FIRST SET OF INIBRROGATORIES TO DEFENDNE

D. S. INARGE RESCAECH AND DEVELOPLENT ADEINISTZANION

"Tador pula 33 of tha Poleral Rules of Civil Procedure, Plaini

tite addrosses tha following interzogatories

to defendant Unitad

States Inorgy Research and Development Aininistration:

1. Ilat all ltens of evidence costod by the Anc or at: any

ABD Facility as part of the investigation into the ascassinacion

cí President fonnedy and giva the following information with.

reenaci thereto:

'(a)

the type of tests periorauã on each such item of avi-

dence:

(b) the date os dates on which each sach item of evidenca

was tested and the name of the labosatory in which the tasting vas

dona;

(e) the nano of the parson or persous conducting enca

test and the names of any other peraons present daring the test-

ingi

h:

(al tbe capacity, official or schorizo, in which se

Derran!

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## Page 379

Ilsted in response to Intarzrogatory 1(c) were present at such

tosting; and

(e) the cursent address and employment of each person named

in esponse to intarrogatory 1(0)..

2o Ilst all correspondence with respect to such tests nich

vag exchanged betwean the ANd and the Warren Connission, Including

the Cormission's Chairnan, Fari Harren, Its General Counsel, J.

Ide Rankin, of any nomber of the Comdasion's staff.

1'3. List all correspondende with respect to such tests vich

was exchanged bateon the auc and the FbI.

4. Idst all correspondonce titl respect to such tests which

tras exchanged batisen the ALC and any forenció sciontist, crininal-

Ist, or othor scientific expert.

5. Undor hornl procedures tould the IC Keep records of

tests porfored by the MEC of at an ARC fucility? Vere records

Kept by the nec of all such zoats which were conaucted in part of

the Investigation lato the assassination of President Konnedy?

:.E. that stacutory provisiomor seministrative regulations,

it any, reguire or govem the keeping of records of such tacts as!

were perforned ad past of the investigation into Presidant

Kennedy'a asgaasination?

?. - Attached bereto is a copy of a february 14, 1975 letter

fron Nr. Bertran I, Schuz, Associate Conezal Counsel fos Erph,

which statos:

tho intomation contained in my ocinbar

16, 19%, letter vas busod prinerity on id-

vico ve siained from the fores isI agent

tho participacco in the vori: described.

now advises that, in addition to the analyses

of printlin cunto mentionai in sust lector,

noutron nostracion analyuan of bullet fray

ments vere personned at tha lak diúgo lational

Laborntasy (nor tue politicia national Libosa-

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(a) Tho is the former FBI agent referrad to by Mir. Schur?

• (b) Was his advice to the AEC oI to ERDA stated in writing?

8. What are the normal standards and procedures for con-

sucting neution activation analysis?

9: Here the normal standaris and procedures

followed with

respect to the testing and analysis of items of evidence pertain-

ing to the assassination of President Kenneãy?

10.

Under normal circumstances, who decides what is tested?

11- With respect to the assassination of President Kennedy,

who decided what was tested?

12. In subjecting evidentiary specimens to neutron activation

testing, is it normal to make a full and complete tabulation of

the results? In this case, was any such tabulation made? If so,

was it compiete?

13. In making a neutron activation analysis, ia lt noral

to reach stated conclusions as to mather the various evidentiary

specimens are identical or different in chemical composition?

14. Were any such stated conclusions nade

with respect to

the Itens of evidence tested by spactrographic or neutron activa

tion analysis in this case?

15. Were full and complete results of the spectrographic and

neutron activation tests given to the Warren Comnission? nia the

Warren Conmission ask for them?

16. Here full and complete

stated conclusions as to what the

tests showed given to the Warren Commission? Did the Waxron

Commission ask for them?

17. Was the neutron activation testing done on any items of

evidence in the Kennody assassination other than the paraffin

casts and the fiva Commission Ezhibits--CE 399 (Q1), CE 567 (22),

Cr. 843 (01,. 05), CF 812 (09), and CE 810 (Q11) - mentioned in the

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April 10, 1975, letter frow FBI Director Clarenca Rolley to Mr.

James Fi. Lesar?

13. If the answer to interrogatory number 12 is affirmative,

what are the other items of evidence which were subjected to

neutron activation testing?

14. If the answer to interrogatory nunver 12 is nagative,

why were the following itens of evidence not sunjected to neutron

activation testing:

(a) CE 111, the live round found in the Mannlicher-Carcano

rifle which allegedly belonged to Lee Harvey Oswald and fired the

shots which killed President Kennedy?

(b) the clothing of President Kennedy and Governor Connally

struck by or alleged to have been struck by bullets?

(c) the curbstone on the south side of s. Hain Street east of

the triple Underpass which was struck by bullet?

(d) the bullet fragment which is FBI laboratory number 033

15.

Under normal procedures would the resulis of the spee-

trographic or neutron activation analyses be rccorded and verified

by someone other than the person conducting the tests? fas suon

a procedura followed with respect to the items of evidence tested

by these techniques in connection with the investigation into

President Kennedy's assassination?

Please note that under Rule 33 of the Federal Rules of Civil

Procedure you are required to serve upon the undersigned, within

30 days after service of this notice, your answers in writing and

under oath to the above interrogatories.

NW 54999. Docid: 32989522

Page 381

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## Page 382

CERTIFICATE OF SERVICE

I hereby certify that service of the foregoing has been nade

upon the defendant by personally elivering a copy thereof to its

attorney, Assistant United States Attorney Michael J. Ryan, on

this 2nd day of May, 1975.

JAMES FIRAM LASAR

NW 54999 DocId: 32989522

Page 382

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## Page 383

UNITED STATES

ENERGY RESEARCH AND DEVELOPI

WASHINGTON, D.C. 205-15

AT ADMINISTRATION

February 14, 1975

James H. Lesar, Esquire

S.H.

1231 Fourth Street 20024

Washington, D. C.

Dear Mr. Lesar:

Please refer to your November 11, 1974, letter and subsequent telephone

conversations with Ralph Goldenberg of this office regarding work

performed by the Atomic Energy Commission in support of the Warren

Commission's investigation into the assassination of President Kennedy.

The information contained in my October 16, 1974, letter was based

primarily on advice we obtained from the former FBI agent who participated

in the work described. He now advises that, in addition to the analyses

of paraffin casts mentioned in that letter, neutron activation analyses

of bullet fragments were performed at the Oak Ridge National Laboratory

(now the Holifield National Laboratory). As in the case of the paraffin

cast analyses, the bullet fragment analyses were done for the FBI

and with FBI participation.

We are advised that neither AEC nor ORNL prepared any report on the

results of the bullet fragment analyses.

However, we understand they

yielded no meaningful information additional to that provided by the

emission spectroscopic analyses of the fragments done at the FBI

Laboratory.

For further information on the results of either the neutron activation

analyses or the emission spectroscopic analyses, we suggest you contact

the FBI by writing to Clarence M. Kelley, Director, Federal Bureau

of Investigation, Washington, D. C.

If you believe we can be of any further assistance, please do not

hesitate to contact us.

Sincerely,

T3EH.5i.-

Bertram H. Schur

Associate General Counsel

{

NW 54999

DocId: 32989522

Page 383

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## Page 384

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

Plaintiff,

UNITED STATES DEPARIMENT OF JUSTICE, et al.,

Defendants

AFFIDAVII

I, John W. Kilty being duly sworn, depose as follows:

1. I am a Special Agent of the Federal Bureau of

Investigation (FBI) assigned to the Laboratory Division of the

FBI, Washington, D. C., In a supervisory capacity.

2.. I have personal knowledge that Harold Weisberg

directed a Freedom of Information Act request

to the FBI for

documents relating to spectrographie and neutron activation

analysis examinations conducted in the John F. Kennedy

assassination case.

On March I4, 1975, I was present at a meeting

with Mr. Weisberg, his attorney, Mr. James H. Lesar, and two

other representatives of the FBI, SAs Robert A. Frazier and

Thomas H. Bresson. The purpose of this meeting was to identify

specifically the scope of Mr. Weisberg's request since he had

been

advised that all final reports with regard to the requested

data had been furnished to the Warren Commission and are available

to the public.

4. At this meeting Mr. Weisberg requested the

following:

a. Specific spectrographic and neutron activation

material which consists of tables and pages with results of

readings, representing examinations of metal fragments from the

bodies of President Kennedy and Governor Connally.

bo Spectrographic analysis from the areas on

the clothing of President Kennedy and Governor Connally where

the bullets may have passed.

EW 40ASR0

16a00e

---

## Page 385

1 віші "

2

c. Avallable material relating to examination

of the windshield of the President's automobile and examina-

tions regarding netal fragments from the President's automobile.

do Laboratory examination data which may be

avallable regarding testing done on a curbstone near the

crime scene.

5. All available data relating to the above consists

of 22 pages also furnished to kir. Lesar by SA Bresson on

March 31, 1975.

6. I have personal knowleäge that Mr. Lesar thereafter

advised the FBI's Freedom of Information Unit that lix. Weisberg

had intended his request as defined at the neating of Narch 14,

1975, to Include certain data which was shown to him at the close

of that meting. This material, consisting of 54 pages of data

and results of neutron activation examinations conducted on

certain metal fraguents fron the body of President Kennedy, the

stretcher, and the Fresident's autonobile, Is referred to in a

letter from Director Clarence M. Kelley to Mr. Lesar dated

April 10, 1975, and attached hereto. All this material was

furnished to Mr. Weisborg by letter from Director Kelley to

Mr. Lesar dated April 15, 1975, a copy of which 1s also attached.

7. With regard to the Interrogatories submitted by

Mr, Weisberg, the effiant, states that the FUI Laboratory employed

methods of clemental analysis, namely neutron activation analysis

and emission spectroscopy. Neutron activation analysis and

emission spectroscopy were used to determine the elemental compo-

sition of the borders and edges of holes In clothing and metallic

shears present on a windshield and a curbstone.

8. I have conducted a review of FOI files which would

contain information that Nr. Weisberg has rcquested under the

Freedom of Information Act. I have had compiled the materials

WW 54999

DocId: 32989522

Page 385

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## Page 386

3

which have beon furnished to ln. Welsborg through his attorney,

Ir. Lesar.

the Fal files to the best of by knowledge do not

Include any information requested by li. Weisberg other than

the intornation made available to hit.

Enclosures - 2

John Wo Kilty

Special Agent

Federal Bureau of Investigation

Washington; D.

Before me this

day of:

1975, afflant

has appeared and signed this affidavit

first having sworn that the stetements therein are true.

Notary Public - District of Columbia

My commission expires

JEROES 10-106

---

## Page 387

Apx1l 10, 1975

JameS E. L233I. 535.

1231 Fourth stInet,

5.

Hask1sgt07. 2.C.

20024

DARI HE. LESZIS

This 15 In Legard to tI. LaTOld Heisberg's

request undor the frorios di Information det (y0IN) for

laborator data concurning the Jons ?, hennady

assassination InvastigatiOn.

ID ACCOIOATCO NICA YOUI IEGUEST EXDICSSEN IN 3

tolapiiona

conversation with Special arent incras -

BIASSOn On ADIll 3, 1975, fOI additional data Jerarding

BAUTION ACTITATION

testing, I wish to auvise us nava

contia j4 saçon di Irradiation data and calculationa

usad la neutron actávatior analysed of tas follouirg:

commission

Ahibit unher

FLOTATOLY

HumbaI

Description

ст 333

Bullet frog Stretches

0т. 567

EUllot lInTuant fIOR

IronE scat cushion

CE: 063

28, 83

FatAl frAments fron

Prestient's hand

CE 642

Metal frarmant Iron ara

of covereos J0hi 201s611y

CE 860

QIS

chicos setal irarmants

board carpet

= 5.

NW. 54999 DocId: 32989522

Page 387

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## Page 388

JASOS He LOGAT, ESS-

Theso docurents will ba furnished to MI. Holsberg

at tas appylay lee of 15.40 shich ta ars authorised to

sharge in connetion with the ralease of iocungata vador

the FUJA.

#lti regara to Mr. Feisbarg's Inquest for

2x. Jo sen santis datsä august 12, 1964, unich pertained

to tra curtstone examination, I vias to advisa tho

original o1 tils cosure vas turnistad to the tarIta

commission. A represertatiya of the rational rIchives

has confired It is publisiod with i≥s esclosuras in

the Rarren Concinsion Recorts as Shandyfalt Ezniüitz

In ties of its publication

And a7a11a3111tY foI public insection, I a declining

to release thE ERI coDY of this document which dissars

fron the orixinal only vita ravard to intornal, aininistrativa

martlays whiel appear on tu fuI copy.

It is considered that tha offar of rolagsa

of the 51 pares of the above-described data, togsther

with that altondy surniahod 10 iJ. Meisters, raapones

Oi tovarior 27, 1974, ani suisaquent Ziscussion pith

Iou may wish to contact spncial Agent tonas 1.

Brasson of the TuI FOIN Init sd LoleDione numiaI 324-2461,

to arranga sur delivary of thess documints.

sinceraly yourse

says .

Clurance 1. Fellay

DiIROtOr

-i"

NW 54999

DocId: 32989522

Page 306

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## Page 389

Aprll 15, 1975

Janes il.

LesaI, Isa.

1231 Fourth Street, So.

washington, D. C...

20024

Dear MI. LeSar:

This is in reference to my letter to you of

April 10, 1975, and your telephone conversation with

Special Agent Thomas II. Fresson on April 14, 1975.

Enclosed with this letter, please find 54•

pages of the laboratoy inta described in my letter of

april to, 1975. Relave attenpted to obtain the best

possible copies of this material, but in the event you•

have any ruestion concerring the mality of the eccuments,

pleaso

Isel free to cormunicate with me.

The copying fee

for this material is $5.10, as indicated in my referenced

letter to you.

sinccIelY YOUIS,

C. M. Kelley

Clarence v. Kelley

DirectOr

...

inclosure

...

"a test

t037+8

NW 54999

DocId: 32989522 Page

389

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## Page 390

we Bo Adans.

$/20/75

tagal Counsel

FRESDOM DE IUZORMATION ACE (ROIA)

REQUEST DE HAROLD HEISBERG

iety

Referende 15 made to legal Counsel memo to

Na J, Ba Adans, dated 3/25/75, which provided background.

concering tha furnishing of laborstory docuents to captioned

Individual 1s connection ith his request for John I. Kennedy

assassination Investigation saterial.. 3y better dated

March 31, we furnished Heisbarg's attorney,

Janes i, Issai,

§ total of 22 pages of naterial relating to bis original witten

FOIs request, and as nodified as 3 result ot a March 14, 1975,

secting vich SA shonas E. Blesson of the FOLA Unit and

;, Sin Roberi 1, Frazier and John #. lilty of the Laboratosy.

On 4/3/75, Us. Jesar telephonically contacted SA Sresson

to aâvise Heisberg objected to the copy of a Bureau memorandum

to is lee Rankin dated hugust Ii: 1951, a copy oi which is attached

to this menorandom; in that ve had obviously deleted neterial

Iron the upper sight corner.

The portion deleted was that

containing nanes of sateau officials for whom tickler copies were

resignated. la also stated the menorandus indicated thora were

enclosaIas to this menorandun and they vere zot incluied.

My. LasaI she subsequently advised the August 12th

memo is published entiroly vith enclosuras in the Harren Comnisaion

Reports and that we had determined through contact sith a .

Eational nichives raprasentative that they are listed as Shaneyfelt

eshibits nunbered 26, 27, 28 and 34. Mr. Lesar stated that in

Fion of the "alteration" to the document, de vanted the FBI copy

without deletione

The sacond point of lesar's contention is thäll'at the

Karch lith meeting with FBI represeniatives, HI.

weisberg was

T71010SUI28

0511368

Mr, ThiEs

3 - XI- Hintz

SELECE.

CONTINUES - OVER

I NW 54999 DOcId: 32989529°

"Page 390

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## Page 391

Legal Counsel to MI. Adans Meso

RE: FREEDOM OF ISPORMACION ACE (FOIA)

shon more samples of data than he actually receired.

NI. IesaI, sho sas also present at the March lith neeting,

was reninded that MI. Weisberg indicated at the neeting that

he was not interested in certzin type of raw data which ras

displayed to his, and what was furnished to him was in

response to his specific reguest for tables and pages with

renuits of apectrographic and neutron activation testing.

lasar's position now is there must be a misunderstanding.

concerning this, and that Meisberg's request includes

this taw data.

As has been previously reported, Heisberg's FOIA

request is currently the subject of litigation in U. S.

Distriot court for the Distriot of colmbia. the issues

Iaised by HI. Lesar have been discussed with Mr. Jeffrey Axalrad,

Civil Division, Depariment of Justice, and Kichael Ryan.

Assiatant U. S. Attorney, District of Columbia. Boch

indicate our decision to withhold the identifying data

regarding bureau officials in the merorandun to Mr. Rankin

dated August 12, 1964, is defendable, but that it would

of course be open to discretionary release.

The problem concernin

the additional laboratory data which we clain was not

included in Weisberg's request at tha meeting of March l4th,

and which weisberg now clains was within the scope, bas nor

been reduced to a factual issue.

= =

Base on the confersationg with these Justice

Departnent representatives and a review of this matter by tha

FOIA unit, the following is recommended:

I That tith regara to the Bureau nemorandua

to Rankis, Heisberg be referred to the Marren Commission

Reports, stating the original document and enclosures were

famished to the comission and are not available for

public inspection.

2.

That naterial, consisting of 54 pages of raw

data, which is currently in

the process of

being proposed

-2-

!

NW 54999 DocId:32989522 Page 391

---

## Page 392

Iegal Counsel to MI. Añams Meno

RE: ERSEDOM OF INPORHATION ACT

for release to another: FOlA requester, be furnished to

Heisberg, with the statement this involves all data,

other than that furnished to the Harren Commission,

relating to the spectrographic and neutron activation

analysis testing which is within the acope of his FOIA

raquest. He will be charged the authorized fees of

104 per page. Copy of these proposed documents attached.

RECOIMENDAZIONS :

That these proposals be approved in ordar that

Deparinent of Justice representatives nay communicate this

to lesar and obtain the necessary delay in the litigation

proceedings for us to compile and produce the data.

2. That the proposed letter be forwarded to

2T. 1a82E.

NW 54999 DocId: 32989522

Page 392

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## Page 393

Apxi] 19, 1373

Fst.

1231 I0NE4 5te0ar

the Sexy

20034

1 - HI.

Faite

(Attn:

1 - Hre Hintz

Pear Fia

FESSINS

Thiy is i regara to Mi. Harold Holdberg'a

mataratasy data congezzing the John I. Reanady

todayhono cunversatian with special Agant Thosas a,

Binates Chi Agzil 3, 1075, for additional data rogarding

neutros setiracios taating, I sish to advice sa have

conniled S4 pagea of Irradlation data and calculacions

sued sa sastron actiratios analyses of the fallouings

CA 399

0s. 367

07 043

SE 843

Cz 349

HaberateLy

HanseE.

21

22

2885417-104

Ballet in BItChe

[EONE SON: 6410210E

Qd, 25

Astal Fragnants fact

024

three netay tragnente

Interered fron IBAI 11005

board carget

i

1 - Bufile 62-115530 (FOI-REPLIES)

TEB:aw (10)

NW 54999 DocId: 32989522

Page 393

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## Page 394

FanAN II- IONAE EAS

Phese socasanta slld be Laraishad so Me. Boästery

an the augying toe oi 35.40 wadel na axs autzosized *e

charga ii camnasion viss the nalaase sã douusuads inder

t5E I015-

sità iagara te 14- Maishony's regraat fos

tho 13I supy as 1h0 si Ligaz Fosyss aenazaaius

Bt+ I ue aiulE dated Aoguss I4, 1351*

poztalead

to the rurutsons esandaatacay

I wias to serins

thhe

siiedast os this ssouzest eon

Itsiahed to ths saxzes

SETAII0E

A zepraszataz.>s

SÊ BRE NaSIAnAS ArCCLres

Ans contiszoe dt la pablistod

HIIR Z4S ESCROISNAE 1

the FarIas Comisaion Rupores as Shasayfait 34hi512

nabazed 25, 21+

23 and 34,

In FioN dE iia peollozadoa

sne svailah1lliy dor pasida inspcestos, 1 an drolizanz

Ea Ialsasa tha rot cory pe this docusat tháct aiezara

facu the asiodaal onty nict zogatd to intaranl, 1sf5

mandaça nanes appeas en tha rut cost*

Ze 1n consfdonsà that tha edfas si zalaade

el tiso 3e pegus s2 cho

abera-deacrtbad data,

kagetdez

sit mat alzeady tumizhse

* Ex: Belsbarg, zospasd

Iully to ila fors zugeasi for mecinograghic ans nestzos

totârandos anaiyzos, as sontaiusà ie bis mister esquast

ol sovenose 17,-1034, An6

mabasquass aiasussica sith

faI muressmnsatiras da

B3.10

34, 3972,

Fos say tiak

contert Special Agont ibonaa b.

Srasson os tha faz 20Jà 1938 at selephoss muubar 334-a461;

to arrasye foz nllrasy el chase doomests.

SaS0at

geres,

Clarance # Fsilsy

DinaECz

1TW

54999

1 - Eonorabla Blocaal Eyan

Assistant Snijed Stabes Atzorney

BOCE: 34÷1

Initas States DiStriCE EOutjouSa

37d Strest anù Conntitacios Avamue, S. H.

Rasblagton, D. S- 30001

I ~ I2E DODITY LLIOIIEY FALÒIA

3U341 # siarseI

DocId: 3296883

19gistagt Acorney General

---

## Page 395

James I. LesaI, Esq.

NOTE: See pemo to MI. Adams fron Legal Counsel captioned,

"Freedon of Information Act Request of Harold Weisberg,"

dated April 10, 1975-

,..,

3

WW 54999. -Docid: 32989522

_ Page 395

---

## Page 396

Theslifing

pett

- Mro White

Atten:

Mr. Kilty

1 - Mr. Mintz

JADER H, LaRSt, E49-

1231 Fouath Strent, 3. M.

Vanbington, D. C.

90024

DRAI MI- INKAI:

I an enclosing 17 pagas of matarial described la

my letter to you dated karch 26€a, plus fite pages of docu

santa Inlatiny to tho ourbatone examination valed your ellent,

FY. Notabery, has rajaasted.

Stecoraly joure,

Director

EnclozUres (8)

1 - HonOrADie NIChARL PYAN

Anslatant Usitad States Attorney

ROOT 742%

UnIted StAteS DIAtILEE CONIthOUSE

3rd Streat and Constitution Avenue, d. "

sashlagton, D. C. 20001

I ~ The Deputy Attornay Gordial

Attention: Exe RanSeI

I ~ Assistant Attorasy CAnoral

civil Diviason, Attention:

Mx, Axlerad

1 - Bufile 62-115530 (FOI-REPLIES)

THB:mS (9)

NOTE NEXT PAGE

NW 54999 DooId: 32989522

Page

396

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## Page 397

James Ti. INSaI, IST-

TONE: We have previously had approved the rclease undes

the FCIN of the 17 pages of raterial zhich relate to

epcotrographic and ncutzon activation esamination conducted

in the assassination of the John I. Mennosy casc.

This

catcrial will be personally delivored to "i lesat, tho

vill appear at the TOIA Offico on larch 31ot.

f9509 80054133389522

Page 397

---

## Page 398

fI. J.5. Adans

3/25/75

Legal Counsel

ERREDOM OF INFORMATION ACT (FOIA)

RRQUEST DE HAROLD HEISBERG

Reference is nade to MI. Hilljams to MI,

White

senorandur dated March 19th, captioned "Freedom of Information

Zot (FOIA) Reguest of Harold Heisberg" which identified 17 pages

of copies of documents proposee for release in connection with

captioned matter.

It will be recalled that Meisberg recently re instituted

a civil suit to compel production of laboratory docuents pertain-.

ing to spectrographic analyses examinations conducted in connection

with the John =. Kennedy assassination case.

Heisberg and his

attorney, James A, Lesar, subsequently net with representatives of

the Legal Counsel and laboratory Divisions at which tine the scope

of bis request was identified and the documents to which he sought

actass "ere described to hin

It was agreed that production of

these doorments would satissy his reguest and noot the pending

suit..

There is attached to this memorandum a proposed letter

to MI. LesaI setting forth the costs incurred in connection with

the release of these documents.

In addition to coordination of the handling of this.

request with the Laboratory Division, the FOll Unit has discussed.

this matter with. Me. Jeffrey Axlerad, Department of Justice,

Civil Division, and Mr, Michael Ryu, Assistani U.S. Attorney,

District of Columbia.

the two requesters who will shares costs of processing

are CyFIl Hecht, M.D., and John Nichols, M.D.

RECOMMENDATION:

HI. IssaI.

That the attached letter be approved and forwarded to

178087420112:34

•w910.

1 - Mr. White - Enclosure

NT. 311+7)

1 - 4I- Minto

745:112 (5)

NW 54999 DooId: 32989522 Page 398

---

## Page 399

Mental: $57

237S

- Mx. White

(Atta:

tiT.

Rilty)

1 - MT. MINES

SORES FA LONEL, BEE

1231 Fourte stress, Eit.

F6sbiagt5s, 3,27

26824

FEATE

thần 1a ta regas in the raguert oe roar silent,

F1 Lanzatary Sledsaga sormidas spectanguaghic and instres

ISBHESN24E3

no advisa gos that 17 pages ot

no inizala

tos salaans and inclade, wish she

saterial Na. Prissary side spositle esquess for daming #

tom Chanasalon be hao la your prosenes sitt cagessantstirs

• the F3I.

sraphie castration of mint posars on a encidon of & enrastene

Đ4 205 3411 3a

DES SECRET SE

LEONE IS ISE HAI

corearatas

tala as seda an it is possible to do #8.

Dha talleran

1n s seshanat regarding teas we ste

anthosinad to conige in soreraare alta lonermans se cassica

rogulatioss,

mraatly praliahee 1a fan Folaral Bogistes

I0g5lati01

#scherdas

chargo at tho rata st $1.00 pes gast

see gunter beas spont by clerical peaseasel, in sxodas se tha

isras guartar sour, in marching sos and arotasias a roquassed

7200rd.

there a soarde easter bo perforca sy alerteal paragr

note charges ion tia search soy lo made st a rate o. 94,09 pos

nes end quarter hory susat is snoes of the tirst quarter abs,

Thess regulstions aushenice enoving lans at tha race cộ bas

30д4E Per PAgE.

sha chargas atsaiaud in this 2xxe azy 38

50119593

~ Honorable Blahael Rya

asnistant Jaited Statas Attorney

Foon 3431

Indeed statas sisties Courthouse.

3rà streat end constitudion Evenue:

Hashtagton, D. C.

2,5.

20391

3 - Iher Deguiy Attornay Cenazal

• Genoral, Civil Divisios

(Atta=

sE. Axlozad)

THB:11k

(10)

SEE NOTE PAGE IRO

NWN

54999

DocId: 32989522

Page

399

---

## Page 400

Clerical search tina:

(5 boars at $1,00 pot guarter bons)

Foontias, sonourinat senachaa:

10 am LOs quarter BONES AT 72-05

F5S1655

(I7 E*

cants por gage)

Total:

$ 24, 96

36. 33

Jun 79

$207.79-

stro othar Indiridasis lnre Iseneated, Bauer 10e

seesos a Intersation bor, nscase to the sins data us your

Elena:

thoratore, the satel sent in being apsorzionas gaoas

The archerised thaige to hi. Feislurg

15 totemiasi to ba $35,99+

Findarats 101rs

bizsasor

NOFE:

See Iegal Counsel meno to Xt. J.B- Adaas, dated 3/25/75,

captioned "Freedom of Inforsation Act. Request of Earold Feisberg-"

1-4.

NW 54999 DocId:32989522 Page 400

---

## Page 401

¡TONAL FORM NO. 10

5010-106

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Mr. J. B. Adams

TO

FROM. :

DATE: 3/24/75

Legal Counsel

Assoc. Dir. -

Dep. AD Adi. -

Dep. AD Inv. -

Asse. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com,

Gen. Inv..

Ident.

Inspaction

Intell. -

Loboratory

Plan. & Eval..

Spec. Inv.

Training -

Legal Coun.

Telaphone Rm. _

Director Sac"y -

Helsius

SUBJECT:

FREEDOM OF INFORMATION ACT (FOIA) REQUEST OF

HAROLD WEISBERG

dated March 13th

By memorandum/from Legal Counsel to Mr. J. B.

Adams under the above caption it was advised discussion

with Mr. Weisberg concerning his request for laboratory

data connected with the John F. Kennedy assassination

investigation was planned for March=z 14th. This is to

advise of the results.

Mr. Weisberg was accompained by his attorney, James

H. Lesar of Washington, D. C.

Representing the FBI were

SA Thomas H. Bresson of the FOIA Unit, Legal Counsel Division,

SAs Robert A. Frazier and John W. Kilty of the Laboratory

Division.

This discussion resolved what apparently was

Mr. Weisberg's confusion as to what data, other than that

which had been furnished to the National Archives, was in

existence and in possession of the FBI. After the data

generally identified for him, and samples shown to him,

he made specific requests for spectographic and neutron

activation material which consists of tables and pages with

results of readings, representing metal fragments from the

body of President Kennedy and the body of Governor Connolly.

Additionally requested were spectographic analyses data of

the areas on the clothing of President Kennedy and Governor

Connolly where the bullets may have passed.

Weisberg also

requested the available material relating to examination of

the windshield of the President's automobile, and examinatior

regarding metal fragments from the President's automobile.

Additional request was made for laboratory examination data

which may be available regarding testing done on a curbstone

near the crime scene.

Enc.

1 - Mr. Adams - Enc.

1 - Mr. White - Enc.

1 - Mr. Mintz

THB: InS (6)

CONTINUED - OVER

NW 54999 DooId: 32989522 Page 401

---

## Page 402

Legal Counsel to Mr. Adams memo

Re:

FOIA Request of Harold Weisberg

Both Mr. Weisberg and Mr. Lesar indicated this

would be completely satisfactory to them and would cover

the scope of the current FOIA request with regard to labo-

ratory data in the Kennedy assassination case.

With regard to the above request, the documents

proposed for release are not considered to be material that

would be subject to withholding under the current FOIA. It

is estimated it will contain approximately 20-30 copied pages,

and a preliminary estimate of a full-work day to search and

compile. We would be authorized to charge ten cents per copy

for reproduction, and $2 per quarter hour for search and pro-

duction of the documents, this being the fee specified in

regulations for a non-clerical type search..

Discussion thereafter continued with SA Bresson

regarding FOIA matters

civil suit. Mr. Lesar generally and specifically the pending

stated that receipt of the requested

documents would moot the civil litigation with regard to labo-

ratory documents.

Mr. Weisberg then attempted to formulate some addi-

tional

FOIA requests regarding the Kennedy assassination

investigative file regarding

¡ events in Dallas and investigation

of Lee Harvey Oswald.

He also indicated he plans to pursue

further the Martin Luther King assassination case, including

laboratory findings, and some general data of historical

interest to him that he claims he furnished the FBI many

years ago. Mr. Weisberg was informed, and he understands,

that

any future FOIA request will have to be submitted in

writing in accordance with the Departmental regulations.

Mr. Lesar made reference to a letter we sent to

him dated 2/27 in response to his letter of 1/29 which he

directed to the then Acting Attorney General Laurence Silberman.

He felt the reply was not responsive to his question, and that

it particularly did not address the issue as to whether infor-

mation concerning Mr. Weisberg had ever been furnished to former

Congressman Hale Boggs.

He advised he would pursue this matter

further indicating he did not feel a reply based mainly on the

search of records was

sufficient in this case.

- 2 -

NW 54999 DocId 3299522 Page 402

---

## Page 403

Legal Counsel to Mr. Adams memo

Re:

FOIA Request of Harold Weisberg

attached, contained in addition to the Boggs question, a

request for reply to what was identified as previously

unanswered inquiries as to whether Weisberg was subject

to surveillance or other intrusions into his life by the

FBI.

The reply, copy attached, was based on review of

the Weisberg. file and references in indices to him, and

advised

I generally that FBI records contained no informa-

tion to substantiate this.

During this conference Mr. Weisberg specifically

asked if "Director Hoover's confidential files" were searched

and the reply was that as far as is known, the appropriate

Illes that would reflect the type of requested intormation,

if lt existed, were checked and no information to substantiate

the allegations was found.

Mr. Lesar asked if any contact

was made with the son of Hale Boggs to verify this, and he

was answered that we did not.

The "OC" file was not checked initially, but on

3/14 it was determined there is no reference to Weisberg

contained therein.

Results of this discussion, insofar as the pending

civil litigation is concerned was furnished to Mr. Jeffrey

Axelrad of the Civil Division of the Department on 3/14 and

to Assistant United States Attorney Michael Ryan, who is

handling the case. Mr. Axelrad was advised we still had

not received a copy of this complaint, and he stated he

would insure we would receive it promptly.

RECOMMENDATION:

The requested documents be processed by Laboratory

Division and coordinated with FOIA Unit for determination of

charges and release.

aber

= 3 -

NW 54999 DocId: 32989522 Page 403

---

## Page 404

OPTIONAL TORM NO, 10

5010-108

MAY 1962 EDITION

ASA OEH. RID. ND.17

-. UNITED STATES GOVERNMENT

Memorandum

TAD

Assoc. Dir. -

Dop. AD Adm. -

Dap. AD Inv. -

Axst. Dira:

Admin. _

Comp. Syst. c

TO

FIr. J. B. Adans

DATE: 3/13/75

Ext. Affairs -

Filos & Com. -

Gon. Inv._

Idont. -

FROM Legal Counsel

Inspection -

Intoll. -

Laboratory.

Plan. a Evol. -

SUBJECT FREEDOM OF INFORIATION REQUEST

Spoc. Inv. -

Training -

OF HAROLD WRISBERG

Logol Coun. _

Telaphono Rm. -

As you know, captioned subject recently reinstitutedcrs.'-

his Freedon of Information ict (FOIA) request for

laboratory documents pertinent to the John F. Kennedy

assassination investigation under the amended version of the

Act. His request was submittod two months prior to the effective

date of the amendnents. On December 19th a letter vas directed

to him advising we were attempting

to identify the documents

in which he expressed interest, and that we were, at

that tine,

avaiting guidelines

fron the Department of Justice

regarding

implementation of the amended FOIA.

Ile consiúered

this reply a denial and appealed.

By letter

to him dated

February 25th, the

Attorney Goneral upheld our decision to

jefer final disposition of his raquest until the effective

date of the amended FOIA, and suggested that he confer with

the FBI directly since there vas some

question as to the scope

of his request.

By letter dated March 6th, James H. Lesar, Weisberg's

attorney throughout his efforts to obtain data regarding the

Kennedy assassination case, directed a letter to us suggesting

we set an appropriate time to discuss this matter. le included

the request that weisberg, and the bureau, be allowed to tape

record the conference.

We learned on larch 10, 1275, through the Civil Division

of

the Justice Department, that weisberg has recently filed civil

suit in U. S. District Court for the District of Colunbia

regarding production of those documents. A copy of this

complaint is being forwarded to the FOIA Unit.

A meeting with Lesar and Heisberg has been set for

the morning of March 14, 1975, for the purpose of identifying

the scope of weisherg's request and discussion concerning

the nature of data which may be available for relcase under the

FOIA. The laboratory vorl: data and findings are not considered

to be exempt from disclosure under the amended FOIA. Ill. Lesar

was auvised the bureau did not intend to tape record the

conference ant it was our desire that weisherg not tape record

the discussion.

Mx. Lesar agreed there will be no tape recording.

TIlB: AW (G)

1 - sir. Adams

1 - IIr. White

1 - Mr. Mintz

CONTINULD - OVER

NW 54999 DocId: 32989522 Page 404

---

## Page 405

Legal Counsel to iIr. J. B. Adans Meno

RE.:

FREEDOM OF INFORIUTION REQUES"

This proposed meeting was discussed with lir. Jeffrey

Axlerad of the Civil Division, who is the litigation attorney

in the civil suit. lie interposed no objection and advised

he did not care to participate.

SA Thomas II. Bresson of the FOIA Unit and

SAs John W.

Kilty and Robert A. Frazier of the Laboratory

Division will participate in this conference. FOIA Unit

will report results of this meeting.

RICON-ENDATION:

None.

For information.

2

-

NW 54999 DocId: 32989522

Page 405

---

## Page 406

JAMES H. LESAR

ATTORNEY AT LAW

1231 FOURTH STREET, S. W.

WASHINGTON, D. C. 20024

TELEPHONE (202) 484-6023

March 6, 1975

Mr. Clarence Kelley, Director

Federal Bureau of Investigation

United States Department of Justice

Washington, D. C.

20535

Dear Mr. Kelley:

Attorney General Levi has informed me that the Bureau would

like to meet with Mr. Harold Weisberg to discuss the implementation

of his request for access to the results of certain scientific

tests which were performed for the Warren Commission.

I suggest

that you give me a call to set up an appropriate time, preferably

some day next week.

Mr. Weisberg would prefer that we--and the Bureau--be allowed

to tape record this conference. Is that agreeable to you?

Sincerely yours,

- Jeru

Trin tesar

141

- -

jes;

i dies to, & 1975

31135."

;

ri.

NN 54999 DooId: 32989522

Page 406

---

## Page 407

""I. White

11. E. Villians

I-DIFICE, 7133

1-1z. Thite

UMe, Hilty

March 19, 1975

1-:r. Cunningham

1-i7x. Mintz

(Attn: 1x. Eresson)

FREDDO! OF INFORNATION ACT (FOIA)

REQUEST OF HAPOLD THISBERG

The attached documents are proposed for release

to veisberg in accordance with a discussion with weisberg

hold on March 14, 1975.

The details concerning the meeting

with meisberg are being set out in a separate memorandun by

the FOIA Tinit.

The only requested item not included in the attached

documents is one referring to a spectrographic examination of

metal smears on a section of curb.

The files are being searched

for this item and it will be furnished to weisberg if it is

10catpd.

She documents proposed for relcase are the

following:

1.

Thrce pages of results of neutron activation

analysis ezaminations on 01 (CE 399) , 0?

(CE 567) ,

24, 05 (CE 843), 09 (CE 842), 011 (CE

840).

2.

Worksheet and notes for PC-78243 BX JV GI. on

spectrographic examinations on 02, Q4, 05,

29, 011, 015 (CE 841).

3.

Horisheet and notes for PC-20135 EY. 1iß on

spectrographic examinations on 2566, 0567, 0568,

0569.

4.

Forkshent and notes for FC-78282 PX RB on

spectrographic cxaminations on 122 (CE 393),

024 (CE 395), 025 (CD 394) .

5.

Workshect and notes for PC-78378 BX HB on

spectrogranhic examinations on Ql, 02, 03

(CT: 569), 0188 (CE 573) .

Approximately 50 hours of Agent and clorical timo

were spent in locating and reproducing itons attached.

Inclosure

ACTION: Lone. For infoimation only.

JUR: fah (6)

R 54999

Docid: 32989522 Page 407

---

## Page 408

ATT

CAB ' MEMOO

3/18/05

ne Wirkery requist:

i):3 pages on NAA 6. 41, 92, 44.05,.49,41

p).Morksheet 00-78243 BXTVGH an

spectr

reseats.. of 91, 02,84,45, 49,417, 415,

3) Worksheet 12-80185 BX HB n. spects

result on Q566,9567,-9568

4) Workkheet 46-74282 BABa: specte

watts on

421, 922, 425,624

5) Workshat P-78378 BXHB a spot

results.. an

Q1, 9443,4188

Q

CE

•CE

399

2

125

394

567

Q566

5

843

9567

• 1

9

842

0568

14

8y0.

4569

569

155

573

no Viet

18

1,

841

42'2

393

NW 540g84/ DocId:32989523 Page 408

---

## Page 409

FRDERAL, BURKAU OF INVESTIGATION

POSTPONKHKNT INFORHATION SHRET (JFK MATERIALS)

19

Page(s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available

for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[]

Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

[]

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection

2

(living person who provided

confidential information)

Subsection 3

(unwarranted invasion of privacy)

[]

Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[]

Subsection 5

(security or protective procedure,

currently or expected to be utilized)

in Information pertained to a matter unrelated to the JFK

Assassination investigation.

W For your information: -

FOJA

[]

The following number is to be used for reference

regarding this page (these pages) :

62-106890-8302X

xxxxxxxxXX

XXXXXXXXXX

XXXXXxXXXXX

xxxxxxxxxX

xxxxxxxxxx

xxxxxxxxxX

put so scares vega die

---

## Page 410

CIVIL SUBPOENA

FPI-#I 10-1-75-204-4437

Anited States Distrut Omt

for the

Diatrirt of Onlumbia

Harold Weisberg

Plaintif.

75-0226

US.

U.S• Dept. of Justice, et al:

CIVIL ACTION No.

Defendant.

To:

Mr. John W. Kilty, Special Agent,

FBI

J. Edgar Hoover Building. Washington, D. C. 20535

You ARE HEREBY COMMANDED to appear in (this court) (the office of Mr. James_H. Lesar

910_16th Street, N. We Suite 60l Washington. D. C.

20006

to give testimony in the above-entitled cause on the - 26th day of April

-, 1977

at _Il:ll o'clock a.m. (and bring with you) - all documents produced in response

o plaintiff's FOIA request in this action; 2) all files searched in

Locating said documents, together with the documents contained in

them; and 3) all work sheets or other documents reflecting the time

TITHI

expended in searching for the documents disclósed as a result of

and do not depart without leave.

JAMES E. DAVEY, Clerk

plaintiff's FOIA

request.

Rolah A Bine

Date April 8, 1977

James

Attorney for {

Plaintiff.

RETURN ON SERVICE

Summoned the above-named witness by delivering a copy to h

for one day's attendance and mileage allowed by law, on the -

19 _-, at

Dated

and tendering to h. _ the fees

day of

otto

Subscribed and sworn to before me, a

-, 19

this

day of

NOTE.-Affidavit required only if service is made by a person other than a U.S. Marshal or his deputy.

moschella

4/25/21

---

## Page 411

Assistant nircetor

Focords I'anagement Division

10/5/70

Legal Counsel

TROLD TRICHING V.

UNITID STATES DEPART TIT

OF JUSTICE, et al.

(U.3.D.C..

D. C.)

CIVIL ACTION NO. 75-226

PURPOSE:

Io furnish copy of plaintiff's Request

for Production of Docurents.

STOPSIS:

Attacherl request concerns records

pertaining to the subject of plaintiff's

FOIs rcquest, namely, laboratory examinations conducted

in connection with our investigation of the assassination

of President Kennedy, and also concerns records relating

to plaintiff's request itsolf, along with other requests

he has made.

RECOMTEIDATION:

That the FOIA Section, Racords Management

Division, locate all Iccords falling

within the scope of attached requesi, and also coordinato

with Special Agent John Kilty of the Laborntory Division

our answers to plaintift's First Set of Interrogatories.

Defendants' rosponse to both the attached roquest and

the Interrogatorics nust he filed with the Court no later

than 10/15/76.

Enclosure

1 - Mr. Cochran Mttn:

Decker (ittn:

fix. Mintz

1 - HI.

Blake

PED:m1

(5)

1.

Hir. Kilty)

Smith)

COTINUED - OVIE

NW 54999 DocId: 32989522 Page 411

---

## Page 412

lororandun to issictant Dircetor

Incords "anagerent nivision

10:

Farold Feisbergr V. Inited States Departront

of Justice, et al., (U.S.D. C., D. C.)

Civil Action N0. 75-226

DETAILS:

On 8/12/76, plaintiff served a copy

of attached Request for Production

of Documenta by Detendant Inited States Departrant of

Justice upon the hUsA handling this case, but the MuSh

did not aavise the FBI of this or furnish us a copy until

9/17/76. the roquest concorns records relating to

laboratory craminations conducted with regard to the

ascassination of President Kennedy, as well as plaintiff's

FOIA request for materials reinting to those examinations.

The FOIPA Section is being requested to locate all records

which would be responsive to this Inquest, so that a

determination can be made as to which of these records

shoule be turned over to nlaintili.

Spedial Agent John

Kilty of the laboratory Divicion has alrcady advised

Special Agent Parle Thomas Ilake of the Legal Counsel

Division that the INI possesses no records which would

be responsive to paragraph 3 of the request, and has

also advised that he will assist the FOIPA section in

making any detominations as to whether specific documents

located rould refer to the types of laboratory examinations

which are within the scope of plaintiff's FOIl request.

Special Agont lilty will also answer the Laboratory

related questions in plaintift's First Set of Interroga-

tories.

Special ngent Ilake previously furnished

a copy of this request to Spocial Agent Donald I. Snith of

the roiss seccion, and advised hin that portions of tho

Request for Production are nuch noro broad than plaintife's

in the oninion of Legal Counsel

of discovery, inasmuch oc

I plaintiff nay not obtain

through discovery that which he cannos obtain under his

original FOl request if it is not relevant to that oi

roquest.

----1-

NW 54999

DocId: 32989522 Page 412

---

## Page 413

Memorandu to Assistant Director

Records lianagement Division

Harold Weisherg, v. United States Nepartment

of Justice, et al., (U.S.D. C., D. C.)

Civil Action ño. 75-226

At a status call on 19/1/76, the

Court indicated that the Request for Production must

be responded to by 10/15/76, and that also by that

date plaintiff's First Set of Interiogatories, originally

served upon defendants on 5/2/75, must be answered.

After this case was remanded back to the District Court

were not advised of this until 10/1/76.

NW 54999

DocId: 32989522

Page 413

---

## Page 414

Regare

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

(Kennedy)

HAROLD WEISBERG,

Plaintiff,

Civil Action No: 75-226

UNITED STATES DEPARTMENT OF

JUSTICE, and

U.S. ENERGY RESEARCH AND DEVEL-

OPMENT ADMINISTRATION,

Defendants

peaces

REQUEST FOR PRODUCTION OF DOCUMENTS BY

DEFENDANT UNITED STATES DEPARTMENT OF JUSTICE

Pursuant to Rule 34 of the Federal Rules of Civil Procedure,

plaintiff requests that within 30 days the defendant United States

Department of Justice produce and permit plaintiff to make copies

of the following documents:

1. All correspondence, notes, memos; routing slips, or any

other form of record pertaining to any communications, whether

written, telephonic, or oral, exchanged in regard to spectrographic

ox neutron activation anlayses(of any other scientific tests per-

formed on items of evidence) in the assassination of president

Kennedy.

_This should include all such correspondence or communica-

tions exchanged with respect to any such tests which were discussed

or contemplated but not actually carried out.-

2. All correspondence, notes, memos, routing slips, or any

other form of record

pertaining to plaintiff's 1966, 1970, and 1974

requests for the results of the spectrographic, and/or neutron acti-

453116-

NW 54999

DocId: 32989522 Page 414

in

---

## Page 415

2

vation analyses conducted on items of evidence

in the

assassination

of President Kennedy, including any such records which

reflect the

defendant's efforts to ascertain what records it has which come

within the scope of plaintiff's request and any efforts it made to

determine what tests were actually conducted.

it 3. Any, rules, regulations, procedures, or guidelines which

pertain to or govern spectrographic and neutron activation testing.

el 4. Any instructions, directives, or memorandums issued with

respect to the testing of items of evidence in the assassination of

President. Kennedy by spectrographic or neutron activation analysis

or other scientific means.

• LESAR

1231 Fourth

Street,

S. W.

Washington, D. C.

20024

Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that I have this i2th day of August, 1976,

mailed a copy of the foregoing Request for Production of Documents

by Defendant United States Department of Justice to Assistant

United States Attorney Michael Ryan, Room 3421, United States Couxt-

house, Washington, D. C. 20001.

1A.1

JAMES HIRAM LESAR

-NW 54980.. Docid: 32989522. Page_415.

---

## Page 416

d. *

Fix. J. B. Idams

7/12/76

Logal Counsel

IL-FOLD TDISCEFG V. UHICED SEIZES

DEPARTETT CE JUSTICE, et al.

(U.S. D.C., D. C.)

CIVIL ACTION T0. 75-226

SUPPOSE:

This is to advise of receipt of attached

appellate decision.

SYLOPSIS:

on 7/7/76 the United States Court of Appeals

for the District of Columbia Circuit entered attached

decision renanding captioned litigation back to the Dis

trict Court to allow plaintiff, through discovery, to

ascertain whether the rocords which he clains exist do

in fact exist.

RICOTTIDATIOT:

Tone. For information.

DLEAILS:

Plaintiff instituted captioned roll litigation

in carly 1975 after his request for laboratory caterials

pertaining to our investigation of the assassination of

Enclosure

ir. Cochran

]hAttn: 1r- Kilty

*II. Docker

Attn: FI. Erosson

2 - 1r. lintz

1 - II. Plake

(5)

ii::.

CONTIFULD • OVER

/ NW 54999 DocId: 32989522 Page 416

---

## Page 417

Menorandun to Mt. J. B. Adams

Re :

Harold Weisberg v. United

States

Department of Justice, et al.

(U.S.в.С., D.С.)

Civil Action No. 75-226

President John I. Kennedy was not complied with to his satis-

and detailed set of interrogatories primarily directed toward

our laboratory procedures.

Based on affidavits provided by

us, defendants moved to dismiss the action on the grounds of

mootness, and on 7/15/75, the District Court granted defen-

dants' motion, stating that the interrogatories were overly

oppressive to

defendants, who had substantially complied with

plaintiff's request.

Plaintiff appealed to the District of Columbia

Circuit, and attached decision is the result of that appeal.

The Circuit Court in its decision implies that plaintiff, in

this FOIA litigation, is entitled to learn from former FBI

personnel, through subpocnaed testimony and/or depositions,

whether the records which appropriate present FBI personnel

have already sworn do not exist, do in fact exist.

+ 250

NW 54999

DocId: 32989522

Page

417

---

## Page 418

Notice:

This opinion is subject to formal revision before publication

in the Federal Reporter or U.S. App. D.C. Reports.

Users are requested

to notify the Clerk of any formal errors in order that corrections may be

made before the bound volumes go to press.

Whiten States Onut nt Appala

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 75-2021

HAROLD WEISBERG, APPELLANT

v.

U. S. DEPARTMENT OF JUSTICE,

ET AL.

Appeal from the United States District Court.

for the District of Columbia

(D.C. Civil Action 75-0226)

Argued 3 June 1976

Decided 7 July 1976

James H. Lesar, for appellant.

Michael H. Stein,

Attorney, Department of Justice,

with whom Rex E. Lee, Assistant Attorney

General,

Earl J. Silbert, United States Attorney and Leonard

Schartman, Attorney, Department of Justice, were on the

brief for appellees.

---

## Page 419

54999

2

Before;

ROBINSON and WILKEY, Circuit Judges and

• JAMESON, *

United

States Senior District

Judge for the District of Montana

Opinion for the Court filed by Cirouit Judge WilkEX.

WILKEY, Circuit

Judge: Following

our decision en

bane in Weisberg v. Department of Justice the Freedom

of Information Act was amended? to facilitate access

to certain investigatory files,

those previously falling

yithin Exemption 7. Plaintiff Weisberg accordingly re-

newed his request for scientific investigatory data com-

piled

after the assassination of President Kennedy and

the rounding of Governor Connally, alleged to be in the

files of the Federal Bureau of Investigation and the

United States Energy Research and Development Admin-

istration (formerly the Atomic Energy Commission). In

the course of this renewed litigation under the Freedom

of Information Act plaintiff made certain demands for

the production of information and addressed interroga-

tories to the Department of Justice.

After back

and

forth demands, responses, and conferences, which we need

not detail here,

data in

various forms

was furnished

plaintiff, which he claims to be insufficient.

In hearings held on 21 May and 15 July 1975, the

District Court (Pratt, J.) refused to order the Govern-

ment to respond to plaintiff Weisberg's interrogatories,

which it described as "oppressive,"s found that the Gov-

ernment had "complied substantially" with plaintiff's de-

* Sitting by designation pursuant to 28 U.S.C. § 294(d).

1489 F.2d 1195 (D.C. Cir. 1973), cert. denied, 416 U.S.

993 (1974).

2 Act of 21 Nov. 1974, Pub. L. No. 93-502, § 2, 88 Stat. 1563,

amending 5 U.S.C. § 552 (b) (7) (1970):.

3 Transcript of Hearing on 21/May 1975 at 22, Joint Ap-

pendix (J.A.) at 185; Transcript of Hearing on 15 July 1975

Doat 10 20 at 205 Page 419

3

mands," and accordingly granted defendants' motion to

dismiss the action as moot." The Government defendants'

position, sustained by the District Court, was that all

data which existed and which had been described in

plaintiff's request had been furnished, and that other

data for which Weisberg repeated his demands did

not

exist. Before reaching this overall conclusion that the

Government defendants had "complied substantially," the

trial court made no detailed findings of fact, nor did it

list any material relevant facts as not in dispute and

relied upon to support a summary judgment.

In response to his demands in this Freedom of Infor-

mation Act suit plaintiff has received letters from Gov-

ernment officials, affidavits from Government employees,

some scientific data which he requested, and other scien-

tific data which he maintains he did not request and

does not need; he has had conferences with Goreinment

officials; and he has heard the statements and arguments

of Government counsel in court. He has not received all

of the data which he has demanded and which hel claims

still to exist or to have existed at one time. He Has not

received an answer to any of his interrogatories, nor

has he had the opportunity to examine a single live

witness either on deposition or on trial before the Dis-

trict Court.

We make no attempt to unravel the conflicting

assertians, or zesponses, but we have identified perime

‹ Transcript of Hearing on 15 July 1975 at 19, J.A. at 205.

= Id.

Although the District Court dismissed this action as

moot, it relied upon affidavits outside the pleadings on re-

view, and therefore this court must treat the dismissal as a

grant of summary judgment in favor of defendant. FED. Pi.

CIV. P. 12(c); Dorado v. Kerr, 454 F.2d 892 (9th Cir!), cert.

denied, 409 U.S. 934 (1972). Thus, we must determine'wheth-

er a genuine issue as to any material fact remains to be re

solved.

FeD R. Crv. P. 56(c). If so, we must remand to the

District Court,

d's

---

## Page 420

NW 54999

demands which appear not to have been answered satis-

factorily by the Government defendants; i.e., demands

Which raise material factual questions still in dispute.

1. Final reports of spectrographic analysis The FBI

claims it does not have such "final reports" as sought by

Weisberg. The FBI asserts that Special Agent Gallagher

made an oral report of spectrographic analysis to Spe-

cial Agent Frazier, who incorporated the oral report in

a 'comprehensive report to the Dallas police, which is a

public document, and which has been turned over to

Weisberg. The Government asserts this is all there is.

• Special Agents Gallagher and Frazier are now retired

from. the FBI but both are living, yet no testimony or

affidaviti has been reçeived from them.

2. Neutron activation analyses of bullet fragments

• The FBI asserts that these were very small samples and

hare been turned over to Weisberg. Plaintiff thinks there

is more.: The analyses were performed at the Oak Ridge

National Laboratory with FBI participation. Apparently

no one with personal knowledge of this has testified cr

furnished affidavits. The Government representative fur-

nishing information by letter to plaintiff originally fur-

nished incorrect information, which subsequently was

corrected.

3. Ra data of the spectrographic and neutron activa-

tion analysis tests-Weisberg claims that some of this

has been withheld, particularly raw data on the Jarell-

Ash spectrographic analysis.

The FBI maintains that

the only report of this is on a worksheet already fur-

nished Weisberg, and that the Jarrell-Ash spectrographic

analysis results are on that worksheet.

4. Neutron activation analysis testing of clothing—

Plaintiff maintains he has been promised the results of

such testing and that he has not received this, although

Ethat he has received certain related materials

5

from the National Archives. The FBI responds that the

neutron activation analysis testing has not been furnished

because it was never done, and that the statement in the

original affidavit mentioning such testing was an

subsequently corrected by the responsible fBl special

determine the elemental composition of the borders.

edges of holes in clothing and metallic smears present on

a windshield and a curbstone. The FBI maintains that

the results were inconclusive and such results as the FBI

has were furnished in the spring of 1975 as part of the

raw data given Weisberg.

The above listing is probably not all of the factual

areas which are in dispute between the parties, but the

listing of these five indicates that summary judgment

was clearly inappropriate. The Government's assertion

to the District Court that the "[elase has been séttled

by fully producing all material sought by plaintiff's

Freedom of Information Act request

.. that is, all

laboratory data concerning the John F. Kennedy assassi-

nation investigation" was certainly unwarranted.! The

Government's effort to respond to plaintifi's request has

consisted of furnishing information by affidavits executed

information

by agents now in the employ of the FBI who have exam-

ined the Bureau's files. None of these agents partici-

pated in the original investigation, and there are at

least three agents, retired from the FBI and identified

by plaintiff, who have not been heard by deposition; affi-

davit, or in court.

"Defendant's Calendar Call Certification (2 May 1975),

J.A. at 36.

---

## Page 421

6

the whole story, but it was chosen as a preliminary first

step to outline parameters of discovery and as being the

most economical means available to plaintiff. We think

in these circumstances plaintiff was entitled to insist on

his interrogatories being answered and that they should

not have been dismissed by the trial judge as oppressive.

It may be that plaintiff would now be well advised,

given the totality of discovery, irregular as it may be,

which he has been afforded, to proceed with depositions

or a court hearing? Certainlvlaintifi later must do so.

Although the choice of discove

amerods is normally up

to the litigant, we cannot.cat

blame on. the Gov-

ernment defendants here. Pay

She reason for plain-

tif obtaining unsatisfactory asponses undoubtedly lies

in the fact that plaintiff has been addressing inquiries

only to the opposing parties, who by this date in history

are nothing but file custodians with no personal knowl-

edge of the matters in issue.

The data which plaintiff seeks to have produced, if it

exists, are matters of interest not only to him but. to

the nation. Surely their existence or nonexistence should

• be determined speedily on the basis of the best available

evidence, i.e., the witnesses who had personal knowledge

of events at the time the investigation was made. This

cannot be done by interrogatories addressed to a party,

although this might serve to narrow the scope of inquiry.

It must be done with live witnesses either by deposition

or in court.

Decades ago

Dean Wigmore said that cross-examina-

tion "is beyond any doubt the greatest legal engine ever

• While we think the trial judge should not have quashed

the interrogatories in toto as "oppressive," we do not rule

out a detailed evaluation of individual questions, if

tiff renews them and the trial judge so desires, given the

"discovery plaintift has already received.

STd: 32989522 Page 492

7

invented for the discovery of truth."s We think it time

for the trial court to start the engine running, and there-

after make detailed findings as to what the evidence

adduced establishes. Accordingly, we remand this case

to the District Court for further proceedings under the

Freedom of Information Act not inconsistent with this

opinion.

so ordered.

: 1974).

75 J. WIGMORE; EVIDENCE & 1367 at 32 (Chadbourn rev.

---

## Page 422

Assistant Attorney General

Civil Division

Attn: Messrs. Jeffrey Axelrad, Michael Stein

Director, FBI

-#ir. Cochran:

Attn: Mc. Rilty

1 - Mir. McDermott

Attn: Mr. Bresson

January 19, 1976

1 - Mr. Mintz

1 - FOIA Litigation

(Blake)

HAROLD WEISEERG V.

UNITED STATES DEPARZMENT OF JUSTICE, et al

(UNITED STATES COURT OF APPEALS FOR THE

'DISTRICT OP COLUMBIA)

CIVIL ACTION NO. 75-2021

This is to confirm the substance of the

telephone conversations on January 14, 1976, between

Mr. Michael HI. Stein of the Civil Division and Special

Agent Parle Thónas Blake of our Legal Counsel Division.

It will

be recalled that Mr. Weisberg instituted

suit in the United. States District Court for the District

of Columbia, and one of his allegations was that thei:

FBI had failed to comply with his request, made pursuant

to the Freedon of Information Act (FOIA), for FBI Labora-

tory reports concerning the assassiration of President

John F. Kennedy:

Our position was that Mr. Weisberg

had

in fact been furnished all material we had been able to.

locate which responded to his request.

On July 15, 1975,

United States District Court Judge John Il. Pratt granted

defendants' motion to dismiss the action as moot.

on September 8, 1975, Mr. Weisberg filed his

Notice of Appeal to the United States Court of Appeals

for the District of Columbia, although we were not aware

of this until advised of same by Mr. "stein in his

January 14, 1976, telephone call to

• Special Agent Blake.

During the above mentioned telephone conversation,

NI. Stein indicated that, on page 17 of his appellate

brief Mr. Weisberg quoted from the testimony of Special

Agent Robert A. Frazier before the Warren Commission

(contained on page 69, volure V, Hearings Before the

President's Commission on the Assassination of President

Kennedy) . Mr.

Weisberg's apparent contention was to the

PTB: rme/1sy

SEE NOTE, PAGE 3

(10)

N. 54999 DocId: 32909522 Page •422

---

## Page 423

Assistant Altarsay donoral

effect that thare vere tho saparate YBI Inboratory reporte

concerairo the spectrographie analysia of bullet frastesta

and load restives incatad by the FlI in conzaction vich

1ts Invastigatios of President tonisdy a annasticatioa.

MI; Malabary apparently contended thas one xeport ves

propased by spocial Agent Joha 1.

saltagtast

and tha

nas prspared by spectal Agent

FERIISE..

Holabers

farthur contariod that, although he had regrested tbase

xeporta, he had savor bees tarniabed thes.

Ng -

5t011

dadloated that ha had been able to arower al1 Acher

allegatione contained án Ht. voisbers"s appellate bilat,

but rnquentad vAl ansistance in formulatino un

ANENEI

to this spoettle allegation.

spacial

Agent Elato adriaed !

INa. Stein tirat,

after necurlog a cosy of Ar. Helobersia betel as mil

tha appropolate poluno of the Harren Corniselon Faport,

no renald

attenpt to furniah 45. Stein the lacts concerniag

Ms, Malabary's allocation as soon zo pepalble.

Epscial Agoat Slake contactad Apecial Agent

Kilty of the laboratory pivision

as the rei.

52051a1

• RIlEy advined An fOlloNE coconzaLDg

MY, kalsbang'e alonetton:

Laboratory report al spacue; igent

• PrESTON

to which it, Falabary sofass ms a longthy report dated

Hoverber 23,

1963, diracted to case E. CESTY, Chiet of

rajies, Dallas,

TEXAS,

end contained the rasulte ol

nonatONA Laboratory examinations contuciad by vasions

personna da the FEl Laboratory conceralag thu Kaanady

special Agant Silty explainad that

spocial Agent Gallagtar had parlornod the sbore-nentlored

spoctographic analyals, and furnisbod the resuite thereas

in "rougt dratt" aletazion to special lgant PIsslaI,: sho

IncoxpOIacoN 1t, along with the rosults of other labora

tory exanizations, Into hle ovenber 23, 1963, teport.

It

can bo this sees that there vete noither suo separate

spectrographie analyded sor tro saparata "reporta.*

special Ayent Blake telezuonically adriand

Ke. stain of tha above, and also advised his that attachsent

€ 0E HI.

weisbary'a June 2, 1973, aftliaria, Ellad viti

the DiatIset court in tide

nation, Indieated thet

1ãs turnlated Spectal Apart FraslaI'*

Movestar 23, 196à, FEI Laboratory report by lattar datel

NW

54999 Docid: 32989522

•T.. a.

Page

423

---

## Page 424

Asslatant Attorney General

CiviL DiViSiON

May 28, 1975,

Iron Jane F, Foith, Directer, Civil

Archives Division, United

States

Cnneral Services

Adrinietration, to Mr. Veistery's attorney, Jano« !!.

IERET.

KT *

stein indicated that he would need no

further asulatance from the FOl at thia time in

anevering

Mr, Heisberg's

appallate brief, but wald

turnian the FEI copies of all

dochnents Elled in this

appeal no keer as advised of

pertinent developments.

He would vary much apprechete boing imediately

advised in all cases when Notice of Appeal is tiled in

actiona in which

• the F31

Le a dofendant or 18 1nv0190d

to the extent thet ve haus a sobstantlal interest in

the final outcore of the litigation.

1 - Inited States Attorney

Distriot of colunble

(Attn:

Mr. Hichael Ryan)

NOTE:

See memorandum of Legal Counsel to Mr. Adams

dated June 23, 1975, captioned "Freedom of Information

Act (FOIA) Request Of Harold Weisberg", which set out

three possible problems presented to the FBI by this

litigation. In essence, these problems dealt with the

credibility of portions of our laboratory investigations

concerning the Kennedy assassination. Reference is also

made to the July 17, 1975, memorandum of Legal Counsel

to Mr. Adams, same caption, which indicated that Mr. Weisberg's

suit had been dismissed on July 15, 1975. The purpose

of this memorandum to the Department is to confirm in

writing the substance of the telephone conversations

reported herein, and, more importantly, to advise the

Department that, regardless of whether they need our

assistance when

a case in which we are involved is

appealed, we wish to be notified immediately whenever

a Notice of Appeal is filed in a case in which we are

either a defendant or have a

substantial interest in

its outcome. Copy of Mr. Weisberg's brief and the

voluminous appendix thereto,

furnished by MI. Stein,

retained by the FOIA Litigation Unit, Legal Counsel

Division,

pending final outcome of this litigation.

NW 54999 DocId: 32989522

Page

424

---

## Page 425

MAY 1962 FOITION:

GSA PRAR 161 CATS 101-11.6

UNITED STATES GOVE MENT

Memorandum

M. Kilty

TO : Mr. Cochran

DATE: 1/9/76

FROM : J. J. McDermott leblem

SUBJECT: FREEDOM OF INFORMATION ACT (FOIA)

REQUEST FROM HAROLD WEISBERG

CONCERNING SPECTROGRAPHIC AND

NEUTRON ACTIVATION ANALYSES

REGARDING OFFICER J. D. TIPPIT.

Weisberg has pending a request for Spectro-

graphic and Neutron Activation Analyses of bullets

and clothing in connection with the shooting of

Officer Tippit in Dallas on November 22, 1963-

Attached is a copy of requester's letter.

RECOMMENDATIONS:

1.

That Laboratory Division determine whether the

alleged examinations were performed.

Assara Dir-man

Dope AD lo

Admirio m

Compa System

Ext. Affoirs n

Fites de Cass, -

Gotta in.

Hont.

Insportion

Intolta -

Laboratoro.

hogal CouTo-

Plan. & Erate

Training

Tolaptosa Rima

Diractor Sacy -

2:

If such data does exist, furnish copies to

FOIA-PA Section together with your recommendations

regarding the feasibility of releasing the data.

Enclosure

1 - Mr. Cochran

pib

plb:bsj (4)

SEE LABORATORY ADDENDUM PAGE 2

"..

3010-108

Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan

NW 54999

DocId: 32989522

Page 425

---

## Page 426

Rt. 12, Frederick, id. 21701

12/20/75

FOIA SENTUST

221

Hashing DI, D.C.

DeaT it. IresSOn,

Tris is zy request unar fOlÀ for copies of the spectrograrnic aralyses,

zeutron activation inalyses on any siniler tests by the FBI in the case of the

murder DE Gifice Jos-Tipit in Dallas, jezes, 11/22/63.

sy tcis I nean the reports of any and all such tests as ray have been

perconce on tie recovered balleis, all recovered scells, o I the amunition

found in tire ristol an the pockets oi lee arey Uswald, on Officer lipit's

cioting and ali cospurisons detreen any o these eni the pistol and any of

the oicer objects. .

For jour inforation ard that of ary searchers, the EI could not comect

inese bullets ani the pistal ballistically.

Ice cullets did not maten ine sells (thus ny interest in any testing

Di the powder in the discharged shells and the unfired ones).

• Dne autosatic stell nas found at tre scene..

In tre absence of ballistics procis I presus there was greater interest

in the tosts tire results of wrich I seck secause they couls enable vrat was

not possibly ballistically, co necting Oswala Fith trai nurier.

By clothing I rean to include sucn objects as buttons, DIE of waick was.

struck by a bullet.

Sincerely,

Hautom

Harold Weisberg

4999-

• Docidl:32989522.

Page 426

---

## Page 427

cose

LABORATORY ADDENDUM, JWK:fdb (Enclosures (7) March 5, 1976

The Laboratory conducted spectrographic examinations

of lead bullets removed from the body of Officer J. D. Tippit,

bullets from cartridges removed from lee Harvey Oswald's

revolvet,

and bullets from cartridges renoved from the pocket

Of Oswald's trousers. A search of pertinent files does not

reveal any information concerning neutron activation

analyses (NAA) being conducted on any of these items.

A search of pertinent files does not reveal the

existance of any information concerning an examination of

a button allegedly struck by a bullet.

There is no

information in the files concerning any examination of

Tippit's clothing.

.: Weisberg's letter of request is vague; however, it

appears that he is interested in analytical test results and

not firearms examinations inasmuch as he comments on tne

Inability to associate the bullets fron Tippit with Oswald's

gun "ballistically."

Therefore, the infornation recommended

for release to Weisberg will not include the notes and

worksheets concerning the firearms examinations.

The worksheets, notes and reports regarding the

spectrographic examinations of the previously mentioned items

do not identify the items easily for a person not faniliar

with the total use.

For that reason, a Dallas airtel

describing these items is being included in the material for

release. as

The following documents which appear to be responsive

to Weisberg's request are enclosed:

.".."

1.

A two page Dallas airtel which sets out

items connected with Oswald and which are

difficult to identify in the worksheets

and reports.

• 200

A two page worksheet numbered PC-78243 which

contains a listing of item Q13, a bullet from

Tippit.

A worksheet numbered PC-79846 with one page

of notes concerning the spectrogiaphic analysis

of the bullets.

4.

An unnumbered worksheet with one page of

notes concerning the spectrographic

analysis of a wrist watch and a ring.

NW

54959. DocId: 32989522 Page 427

---

## Page 428

5.

6.

7.

A two page FBI. Laboratory report dated

December 5, 1963, containing a listing for

2177 and Q178, two cartriages removed fron

Oswald's revolveI.

The spectrographic

analysis of the bullet from Q178 is contained

in paragraph 3.

A two page FBI Laboratory report dated

December 5, 1963, which sets out the

results of spectrographic examinations

of some specimens listed in worksheet described.

in paragraph 4.

A four page FBI Laboratory report dated March 30,

1964, which sets out results of spectrographic.

analysis of bullets from Tippit and bullets

fron cartridges obtained from Oswald.

It is recognized that information in these documents

will, no doubt, cause Weisberg to make additional FOIA requests.

As previously pointed out, the identification of

bullets from Tippit and pertinent material from Oswald was

difficult.

Forty-four hours of Agent time were spent on this

project.

54999

DoeTd: 329

82522

- Page 428

---

## Page 429

FEDERAL BUREAU OF INVESTIGATION

POSTPONEMENT INFORHATION SHEET (JEK HATERIALS)

109

_Page(s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[] Subsection 1B (intelligence source or method)

[] Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[]

Subsection 2 (living person who provided

confidential information)

[1 Subsection 3 (unwarranted invasion of privacy)

[] subsection 4, (cooperating individual or foreign

government, currently requiring

protection)

[] subsection 5 (security or protective procedure,

currently or expected to be utilized

I Information pertained to a matter unrelated to the JFK

Assassination investigation.

I For your information: FOlA

The following number is to be used for reference

regarding this page (these pages) :

HQ 62-109060 - 8307x Bulky

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XxXXXXXXXX

XXXXXXXXXX

XXXXXxXXXX

NW 54999

DocId: 32989522 Page 429

---

## Page 430

TO

UNITED STATES GOVERNMENT

Memorandum

: The Director

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

DATE: 5/16/80

Assoc. Dir.

Dep. AD Adm. _

Dep. AD Inv.

Asst. Dir.:

Adm. Servs.

Crim. Inv.

Ident. _

Intell.

Laboratory

Legal Coun..

Plan. & Insp. -

Rec. Mgnt. _

Tech. Servs.

Troining -

Public Affs. Off. —

Telephone Rm.

Director's Sec'y -

FROM : Legal Counsel

SUBJECT: WEISBERG

V. DEPARTMENT OF JUSTICE, et al.

(U.S.D.C.,

DISTRICT OF COLUMBIA)

CIVIL ACTION NUMBER 75-0226

D.C. Circuit Court of Appeals Number 78-1107

PURPOSE: To advise the Director of the 4/28/80 decision of

the United States Court of Appeals in captioned

litigation (copy attached).

SYNOPSIS AND DETAILS:

Plaintiff commenced this action in

2/75 to compel the DOJ and the Energy

Research

and Development Administration (ERDA), to disclose

the results of certain spectrographic, neutron

activation,

other scientific tests conducted by the defendants during

the investigation of the assassination of President John F.

Kennedy. The documents at issue in this lawsuit were

Information Act (FOIA) by letter dated 11/27/74.

On 7/15/75,

affidavits setting forth the Government's position that all

material responsive to this request had been identified and

provided

to plaintiff. The District of Columbia Court of

Appeals reversed this decision in 7/76, and remanded this

the District Court for further proceedings to

determine by either deposition or in Court testimony of the

"witnesses who had personal knowledge of events at the time

So an or use, ot el

the investigation was made" whether the alleged additional

data responsive to plaintiff's request existed.

Department of Justice, et al., 543 F.2d 308, 311 (D.C. Cir.

As a result of this remand, interrogatories and

requests for production of documents were submitted by

obtained by deposition the live testimony of SA Cortlandt

Cunningham and retired SAs Robert A. Frazier, Lyndal L.

Shaneyfelt, and John F. Gallagher, all of whom

Enclosure

1 - Mr. BOynton

1 - Mr. Colwell

1 - Mr. Joseph

1 - Mr. Bailey

Attn: Mr. Whaley

1- Mr. Greenleat

Attn: Mr. Kilty - 334)4

NW 54999

DT08:155989522)

Page 430

1 - Mr. Young

1 - Mr. Roin

1 - Mr. Slicks

1 - IPALU

(CONTINUED - OVER)

FBI/DOJ

---

## Page 431

Memorandum from Legal Counsel to The Director

Re: WEISBERG

participated in the scientific tests connected with the

investigation of President Kennedy's assassination.

Plaintiff

also attempted to depose SA John W. Kilty relative to the scope of

the search that had been

made of FBI files. (SA Kilty, prior to

the remand, executed two affidavits avowing that the FBI files

contained no information of interest to plaintiff other than that

already furnished to him.)

Defendants' Motion for a Protective Order in this regard, and

For a Protec Dive

The District Court granted the

ultimately awarded

Summary Judgment to the Defendants, holding

that all documents within

the purview of plaintiff's demands had

been released.

The record relied on by the court included, in

part, the two previously described

Kilty affidavits.

Plaintiff

appealed to the D.C. Court of Appeals.

On 4/28/80, the D.C. Court of Appeals

again reversed the

decision of the District Court, holding that material issues of

fact existed which made Summary Judgment improper.

Weisberg v.

Department of Justice,

et al., No.

78-1107 (D.C. Cir. Apr. 28,

1980).

The Court particularly questioned the

non-existence of at

least three items that should have been turned up during

FBI files, and commented that the agency affidavits

addressing the thoroughness of the search were inadequate in that

they "do not denote which files were searched or by whom, do not

reflect any systematic approach to document location, and do not

provide information specific enough to enable Weisberg to

challenge the procedures utilized." Id., 13-14.

further noted that "the District Court should have permitted him

to depose at least SA Kilty and perhaps others who examined the

files" Id., 14.

LCD does not anticipate that further appellate review of

this decision will be pursued by the DOJ, nor will such a

recommendation be formally made by the LCD. The LCD also does not

anticipate

that further

proceedings in this case in the District

Court is likely to result in the location of additional material

responsive to plaintiff's reguest; however, LCD expects that the

the records at issue

support a renewed motion for

summary juagment.

RECOMMENDATION: None.

For information.

2

NW 54999

DocId: 32909522

Page 431

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## Page 432

Assistant nirector

Records l'anagerent Division

Legal Counscl

10/28/76

in ten

HAROLD WEISERIG V.

UNITED SIAITS DEPARTITIM

OF JUSTICI, et al.

(U.S.D.С.,

D. C.)

CIVIE, ACTIO!I

10. 75-226

FURPOSE:

To furich copies of defendants'

ansvers to plaintiff's intrrrogacories,

documents referred to in the answers, and documonts being

turned over to plaintiff in response to his Request for

Production of Docurents.

EXTOPSIS:

Attached are copies of defendants'

answers to plaintiff's interrogatories,

documents referred to in the answers, and docurants being

turned over to plaintiff in response to his Requoat for

Production of Documents,

the ansuers were furnished

Assistant United States

Attornay (AUS)) lichael hyan

on 10/21/76, and the cocurents were furnished him on

10/27/76.

CECOZIENDATICE:

None, For infornation.

DETAILS:

As set forth in the 10/5/76 perorandur

fIon Logal Counsel to Assistant Director,

¡ccords Management Division, captioned as above, plaintiff

served a copy of his Request for Production of Docurents

Enclosures (3)

1.- Nx. Cochran

Attn: Mr. Kilty

1 - 1. Decker

Attn: Ir. Snith

1 - 1r. lliniz

1 - It.

Blake

P7B:En]

(5)

NW 54999 DocId: 32989522 Page 432

CONTIVUTD - OVER

---

## Page 433

L'enorandur to Assistant Director

Records lanagerent Division

Re:

Inrold leisberg v. Inited Sintes Departrent

of Justico, et al., (U.S.D.C., D.C.) .

Civil Action Fo. 75-226

Dy Dotendant United states Dopartment of Justice upon the

AUSA handling this case on 8/12/76, but the AUSA did not

advise the FPI of this or furnish us a copy until D/17/76,

Sas John 17. Kilty of the Scientific and Technical Services

Division and Donald I. Smith of the FOI-PA Branch, Records

Management Division, supervised the location of all

docurents which vould be encompassed by plaintiff's request,

and at a ncoting on 10/21/76, sAs Kilty, Erich, Parle

Thoras Blake of the Legal Counsel Division, Departnental

ittorney Lynne Zusman, and AUS? tyan deterrined which

docurents should be turned over to plaintiff. sh smith

then processed these documents and compiled an inventory

of then, three copies of wich were Furnished AJSA Kyan

by a representative of the FOI-PA Franch on 10/27/76.

Defendants" ansters to plaintifs's

interrogatories were prepared by SAs Kilty and Blake,

and the original and appropriate nunber of copies were

furnished AUSA Ryan at the 10/21/76 meeting. I's. Zusman

vas also furnished two copies at the sare moeting.

Also attached are copies of docurents

which are reforred to in defendants' answers to the

Interrogatories.

these docuents ato being furnished to

AUSA Ryan for his inforation, but will not be furnished

plaintiff or the Court, unless the latter directs AUSt

Ryan to do so.

AUSA Ryan plans on filing with the

Court and serving upon plaintift both the answers and

-he requested documents on 10/28/76. There is a status

call set for 10/29/76 in this case, which involves

plaintiff's FOIA request for documents in our possession

concerning the investigation of the assassination of

President John I. Kennedy.

-2-

WW 54999

DocId: 32989522

Page 433

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## Page 434

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

Plaintiff

V.

UNITED STATES DEPARTMENT

OF JUSTICE, et al.,

Defendants

Civil Action No. 75-0226

DEFENDANT UNITED STATES DEPARTMENT OF JUSTICE'S

ANSWERS TO PLAINTIFE'S FIRST SET OF INTERROGATORIFS

John W. Kilty, Special Agent, Federal Bureau of

Investigation (hereinafter FBI), being duly sworn, pursuant

to Rule 33 of the Federal Rules of Civil Procedure, hereby

answers the following Interrogatories.

These answers are

based on information available to a party

within the meaning

of Rule 33.

Interrogatory No. 1:

What are the

kinds of tests or

examinations, physical, chemical,

microscopic or otherwise, which would normally be conducted

to determine: (a) whether or not bullets or bullet fragments

have a common origin, or (b) which bullets or bullet fragments

struck which persons or objects?

Answer No. 1:

(a) Elemental analysis is used to

determine the composition of bullets

and bullet fragments. If, say, bullet A has the same compo-

sition as bullet B, our report would say that bullet A came

from

the same source (origin) of lead as bullet B or another

source of lead with the same composition as bullet B. This

does

not

associate bullet A with bullet B

to the exclusion of

all other

bullets. If bullet A is different in composition

from bullet B, we point out this

fact and say that bullet B

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could not have come from the same source (origin) of lead as

bullet A; however, we point out that bullets of

more than one

composition are often represented in

a single box ổf amnuni-

tion.

Our haboratory and other laboratories have

demonstrated

that several different compositions of lead are often repre-

sented in a single box of cartridges.

The

two methods of

elemental analysis which were used in the Kennedy Assassination

case were emission spectroscopy and neutron activation analysis

(NAA) •

(b) There are no tests available

which will specifically associate

a bullet or bullet fragment to the exclusion of other bullets

or bullet fragments with a particular hole in a person or object.

There are tests available which will determine if

a hole in a

person or object, or a dent in an object, could have been caused

by being struck by a bullet. In this case, emission spectroscopy

was used

to determine the composition at the edges of

holes in

certain garments and to compare this composition with cloth used

as control taken from areas distant from these holes, and also

to determine the composition of metal scrapings from an automobile

windshield and curbstone.

Interrogatory No.

2:

Are there any additional tests which

, could have been used in the investigation

into the assassination of President Kennedy to help make these

determinations? If so, what are they?

Answer No. 2:

Making the assumption that positive

answers to interrogatories I(a) and 1(b)

are possible, there are no additional tests which could have been

used to help make these determinations in the Kennedy Assassina-

tion case.

Interrogatory No. 3:

Which of the tests listed in response

to the above interrogatories were per-

formed on the evidence pertaining to the assassination of

President Kennedy?

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Answer No. 3:

Emission spectroscopy and/or NAA were

performed on items pertaining to

interrogatory Ila) and emission spectroscopy was performed on

articles of clothing or other objects

relative to

interrogatory

1 (b) .

Interrogatory No. 4:

Were the tests conducted on the items

of evidence pertaining to the assassina-

tion of President Kennedy as complete. as they could have been?

Answer No. 4:

Interrogatory No. 5:

Yes.

List all items of evidence having to

do

with the shooting of President Kennedy

or any weapon used or allegedly used in the shooting, including

any and all bullets or bullet fragments and any objects struck

or allegedly struck by bullet or bullet fragments.

Give the

following information with respect to those items of evidence:

(a) the type of tests performed on each

such item of

evidence;

(b) the date or dates on which each such item of evidence

was tested

and the name of the laboratory in which the testing

was done;

(c) the name of the person or persons conducting each

such

test and the names of any other persons present during the

testingi

(a) the capacity, official on otherwise, in which the persons

listed in response to interrogatory 5(c) were present at such

testing; and

(e) the current address and employment of each person mamed

in response to interrogatory 5(c) .

Answer No. 5:

SPECIMEN #

01

23

IDENTIFICATION

Bullet from stretcher

Bullet fragment from front seat cushion

Bullet fragment from beside front seat

on right side

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(a)

SPECIMEN #

0.4

Q6

07

09

014

Q15

021

022

Q24

Q25

048

Q558

0566

Q567

Q568

Q569

0609

KI

IDENTIFICATION

Metal fragment from the President's

Metal fragment from the President's

6.5 mm Mannlicher - Carcano cartridge

case from building

6.5 mm Mannlicher - Carcano cartridge

case from building

6.5 mm Mannlicher - Carcano cartridge

from rifle

Metal fragment from arm of Governor

John Connally

Three metal fragments recovered from

rear floor board carpet

Scraping from inside surface of

windshield

Trousers worn by President Kennedy

Coat worn by President Kennedy

Necktie worn by President Kennedy

Shirt worn by President Kennedy

6.5 mm Mannlicher - Carcano cartridge

case from Depository

Windshield from President's limousine

Coat worn by Governor Connally

Trousers worn by Governor Connally .

Shirt worn by Governor Connally

Necktie worn by Governor Connally

Piece of Curbing

6.5 mm Mannlicher - Carcano rifle with

telescope sight, serial No. C2766

Firearms Identification Examinations

01, 02, 03, 04 and 25, 26, 07, 08, 09, 014, 048, KI

Elemental Analysis Examinations

.01, 02, 03, 04

and 05, 29, 214, 015, 022, 024,025,

9556, 0567, 2568, 0609

Microscopic Analysis (Fibers)

K1

NW 54999 DocId: 32989522 Page 437

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(b)

Glass Fracture Examination

0558

Microscopic Examination

Q609

No records were identified which concern examinations, if

any, performed on 021 and 0569.

With few

exceptions the date (s)

on which each item of

evidence was

examined is not recorded. However in order

to be as responsive as possible, the date of receipt of

the evidence and the date of the communication containing

results are listed below; the date upon which the item was

examined would of necessity fall between the former and

latter date.

Specimens received in the FBI Laboratory on November 22,

and/or 23, 1963, and examined therein:

01, 02: 03, 04 and 05, 06, 27, 28, 09, 014, 015, K1

Results of examinations on these specimens are included

in a November 23, 1963, Laboratory

Report.

Specimens received in the FBI Laboratory, on November 23,

1963, and examined therein:

Q22, Q24, 025

Results of examinations on these items are included in a

December 5, 1963, Laboratory Report.

specimens received in the FBI Laboratory on November 27,

1963, and examined therein:

Q48, KI

Results of examinations on these items are included in a

November 29, 1963, Laboratory Report.

Specimens received in the FBI Laboratory on March 20, 1964,

and examined therein:

0558

Results of examinations on this item are included in a

March 26, 1964, Laboratory Report.

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Specimens received in the FBI Laboratory on April 9,

1964, and

examined therein:'

0556, 0567, 0568

Results of

examinations on these items were reported

to the President's Commission by letter dated April 16,

1964.

Specimens received in the FBI Laboratory on August 6,

1964, and

examined therein:

Q609

Results of examinations on this item were reported to

the President's Commission by letter dated August 12,

1964.

(c)

Specimens Q1, 02, 04 and 25, 09, and 014 were

examined by neutron activation analysis at the Oak

Ridge National Laboratory. Records indicate that these

items were irradiated May 15, 1964, and counted on

May 15, 1964, and May 26, 1964. The results of these

examinations were reported to the President's Commission

by letter dated July 8, 1964.

Firearms Identification Examinations

•Special Agents Robert A. Frazier, Courtlandt Cunningham,

and Charles I. Killion

Elemental Analysis Examinations

special Agents John F. Gallagher, Henry B. Heiberger,

and William R. Heilman. J. F. Emery and Frank F. Dyer

Microscopic Analysis (Fibers)

Special Agent Paul M. Stombaugh

(d) All individuals listed in 5 (c) were acting in their

official capacity.

(e) Coutlandt Cunningham, FBI Headquarters, Washington, D. C.

Paul M. Stombaugh, FBI Headquärters, Washington,

D. C.

Robert A. Frazier, Retired

Charles I. Killion, Retired

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John F. Gallagher, Retired

Henry B. Heiberger, Retired •

William R. Heilman, Retired

Our records do not indicate the current. address and

employment of retired employees. Our records do not

indicate

the current address and employment of J. F.

Emery

and Frank F. Dyer. However, in 1963 and 1964

they were

chemists for Union Carbide Corporation, Oak

Ridge National. Laboratory, Oak Ridge, Tennessee.

Interrogatory No. 6:

List all correspondence with respect

to such tests which was exchanged

between the FBI and the Warren Commission, including the

Commission's Chairman, Earl Warren, its General Counsel,

J. Lee Rankin, or any member of the Commission's staff.

Answer No. 6:

Our records indicate that the

examinations listed in inter-

rogatory 5 were referred to in letters from i. Lee Rankin,

General Counsel, the President's Commission, to J. Edgar

Hoover, Director, FBI, bearing the following dates:

January 7, 1964

February 4, 1964

February 12, 1964

-

March 6,

-

1964

March 18, 1964

March 18, 1964

April 9, 1964

May 12, 1964 •

July 7, 1964

Our records indicate that the examinations listed in inter-

rogatory 5 were referred to in letters to J. Lee Rankin, General

Counsel, the President's Commission, Exom

J. Edgar Hoover,

Director, FBI, bearing the following dates:

January 10, 1964

February 7, 1964

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February 18, 1964

March 11, 1964

March 23, 1964

March 24, 1964

April 16, 1964

June 2, 1964

July 8, 1964

August 12, 1964

August 19, 1964

Our records indicate that the examinations listed in inter-

rogatory 5 were referred to in FBI Reports of Special Agent

Robert P. Gemberling, Dallas, bearing the following dates:

November 30, 1963

December 12, 1963

April 15, 1964

May 28, 1964

July 2, 1964

Interrogatory No. 1:

List all correspondence with respect

to such tests which was

exchanged

Answer No. 7:

Interrogatory No. 8:

Answer No. 8:

between

the FBI

and

the AEC.

No correspondence between the Atomic

Energy Commission

(AEC) -and the FBI

-was located in FBI records:

What are all the chemical components

of the bullet (CE399) allegedly used?

in the murder of President Kennedy?

CE 399 (Q1) was examined

for its

elemental composition. An examination

of records shows that the lead portion contained bismuth, copper,

magnesium, silicon, iron, silver and antimony. The jacket por-

tion contained tin, lead, copper, zinc, silicon, iron and silver.

Interrogatory No. 9:

Were all of these chemical components

tested in each of the tests made? If

not, why not?

-8-

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Answer No. 9:

I am not able to answer this question

inasmuch' as I do not understand plain-

tiff's question.

See my answer to interrogatory 8 for a listing

of the elements in CE 399 (21).

Interrogatory No. 10:

What are the normal standards and

procedures for conducting neutron

activation analysis?

Answer No. 10:

NAA is a method of chemical analysis

based on the detection and measurement

of characteristic radionuclides produced in a nuclear reactor.

The procedures for conducting such an analysis are many and

varied depending on the material to be examined and the chemical

elements under investigation. Three texts which are publically

available and may be of assistance to plaintiff are Principles

of Activation Analysis by Paul Kruger, Applied Gamma Ray

"Spectrometry by Adams and Dams and Neutron Activation Analysis

by De Soete, Gijbels and Hoste. "Normal standards" as this term

is used in interrogatory 10 and applied

to NAA in general is not

understood by me.

Interrogatory No. 11:

Were the normal

standards

and procedures

followed with

respect to the testing

and

analysis

of items of evidence pertaining to the assassination of

President Kennedy?

Answer No. 11:

It is assumed that this interrogatory

refers to NAA. The procedures used to

examine the items of evidence by NAA were ones that would have

been employed by other practicioners given the same kinds of

materials with which to work.

Interrogatory No. 12:

Under normal circumstances, who

decides what is tested?

Answer No. 12:

Assuming that evidence is submitted to

the FBI Laboratory, the contributor

usually requests that certain items be examined

to show rela-

tionships to one another and to somehow associate items with a

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crime.

Based on their experience and expertise, examiners

'in the FBI Laboratory will usually

determine the kinds of

examinations to perform on items of evidence.

Interrogatory No. 13:

With respect to the assassination

of President Kennedy, who decided

what was tested?

Answer No. 13:

Our records do not reveal "who

decided what was tested" in the

Interrogatory No. 14:

Kennedy assassination case.

In subjecting evidentiary specimens

to neutron activation testing, is it

normal to make a full and complete tabulation of the results?

In this case, was any such tabulation made? If so, was it

complete?

Answer No. 14:

It is "normal" to make a "tabulation"

of the results when subjecting speci

mens to NAA. By "results" I mean the numerical quantitative

amount of a chemical element measured in the material examined.

The use of the "full and complete" characterization of the

"tabulation" is not understood by me.. A "tabulation" was made

of the results obtained in the NAA of metal fragments in this

case. This was given to plaintiff and to the best

of my

knowledge is complete.

Interrogatory No. 15:

In making a neutron activation analysis,

is it normal to reach stated conclusions

as to whether the various evidentiary specimens are identical or

different in chemical composition?

Answer No. 15:

The conclusion one makes regarding

whether or not specimens are "identical

or different in chemical composition" is based on the data

available from whatever technique or

technigues

were employed in

the examination. In some cases, due

to the limited

size of the

material and/or its state of contamination and/or the character

of its composition, it is not possible to reach

an "identical

or different" conclusion. Additionally, the terms used to

NW 54999 DocId:32989522. Page

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describe the conclusion reached are the choice of the person

making the conclusion and may not necessarily be stated as

"identical" or "different." See my answer to interrogatory

I(a) •for a further discussion

regarding the conclusions

reached concerning elemental analysis of bullet fragments.

Interrogatory No. 16:

Were any such stated conclusions

made with respect to the items of

evidence tested by spectrographic or neutron

activation

analysis in this case?

Answer No. 16:

Interrogatory No. 17:

Consistent with my answer to inter-

rogatory 15 the answer is yes.

Were full and complete results of

¿the spectrographic and neutron acti-

vation tests given to the Warren Commission?

Commission ask for them?

Did the warren

Answer No. 17:

In interrogatory 14 I defined

"results" as the numerical quantitative

amount of a chemical element measured in the material examined.

This definition applied to NAA examinations.

An extension of

this definition for spectrographic "results"

would be the

relative concentration of a chemical element in the material

examined. Using these definitions, the "results of the spec-

trographic and neutron activation

tests"

were not given to the

Warren Commission. Based

on my review of the records, I

unable to determine if the Warren Commission asked for them.

Interrogatory No. 18:

Were full and complete stated conclu-

sions as to what the tests showed given

to the warren Commission? Did the warren Commission ask for

them?

Answer No. 18:

If by "full and complete stated conclu-

sions as to what the tests showed" the

plaintiff means our expert opinion as to what the results of the

spectrographic examinations and NAA indicated, the answer is yes.

Based on my review of the records, I am unable to determine if

the Warren Commission asked for them.

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INW 54999 DocId: 32989522 Page 444

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Interrogatory No.

19:

Was the neutron activation testing

done on any items of evidence in

the

Kennedy assassination other than the paraffin casts® and the

five Commission Exhibits--CE

399 (01), CE 567 (Q2) , CF 843

(Q4, 05), CE

842 (09), and CE (Q14)--mentioned in the April 10,

1975, letter from FBI Director Clarence Kelley to Mr. James H..

Lesar?

Answer No. 19:

Interrogatory No. 20:

NO.

If the answer to interrogatory number

12 is affirmative, what are the other

items of evidence which were subjected to neutron activation

testing?

Answer No. 20:

-

Assuming plaintiff means to refer to

"interrogatory 19," no answer is

Interrogatory No. 21:

necessary.

If the answer to interrogatory number

12 (sic) is negative, why were the

following

items of evidence not subjected to neutron activation

testing:

(a) CE 141, the live round found

in the Mannlicher-Carcano

rifle which allegedly belonged to Lee Harvey Oswald

and fired

the shots which killed President Kennedy?

(b). the clothing of President Kennedy and Governor Connally

struck by or alleged to have been struck by bullets?

(c) the curbstone on the south side of S. Main Street east

of the Triple Underpass which was struck by bullet?

.. (a) the bullet fragment which is FBI Laboratory Number 03?

Answer No. 21:

(a) Our records do not indicate why CF 141 (08) was not

examined by NAA.

(b) Based on my experience and expertise, the reason the

clothing of President Kennedy

and Governor Connally was not

examined by NAA in the areas where a bullet allegedly passed is

because NAA is not the method of choice for the determination

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of bullet holes. In 1963, emission spectroscopy was the

method of choice for elemental analysis of the borders of

• holes in garments.

•(c) Based on my experience and expertise and®an

examination,of the notes made regarding the spectrographic

analysis of the lead

smear on the curbstone, it is clear that

the minimal

amount of lead smear present on the curbstone was

not adequate to conduct an examination by NAA.

(d)

Records indicate that 23 is a section of bullet

jacket devoid of its lead core. Bullet jacket material made

of copper, zinc and/or iron is generally unsuitable for

examination by NAA unless chemical separations are conducted.

The chemical separations would necessarily destroy markings on

the item of evidence. Emission spectrographic analysis was the

method of choice for analysis of bullet jacket material in 1963.

Interrogatory No. 22:

Under normal procedures would the

results of the spectrographic or neutron

activation analyses be recorded and verified by someone other than

the person conducting the tests?

Was such a procedure followed

with respect

to the items of evidence tested by these techniques

in connection with the investigation into President 'Kennedy's

assassination?

Answer No. 22:

An examiner often

consults with

another

- examiner concerning his findings in a

specific case, but in all likelihood there would be no reason

to commit this consultation to record. An examination of records

does not indicate that more than one person recorded or verified

the results of the individual spectrographic or NAA examinations.

Interrogatory No. 23:

Was a full and complete comparison made

between the chemical composition of

CE 399, the bullet which allegedly wounded both President

Kennedy and Governor Connally and (a) the composition of the

metallic traces on President Kennedy's clothing, (b) the com-

position of the metallic traces on Governor Connally's clothing,

and (c) the composition of all fragments removed from Governor

Conally's body?

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Answer No. 23:

(a)

NO.

Referring to my answer to

interrogatory 1(b),

a "fuil and complete comparison" between

the composition

0f

a bullet and the minute traces

of metal left at the

edges of

a hole will not permit the conclusion that the hole was made

by a specific bullet.

There were no metallic traces on Governor Connally's

clothing.

(c)

Our records indicate that only one fragment of lead

was removed from Governor Connally's body. The answer to this

portion of the interrogatory is yes.

Interrogatory No. 24:

Was a full and complete comparison made

between the chemical composition of the

bullet fragments recovered from President Kennedy's head

and (a)

the composition of the sweepings from the windshield, and (b)

all five fragments found in the car during two different searches?

Answer No. 24:

(a)

Yes, to the extent that the specimens were of adequate

size and condition for compositional

analysis.

(b) Our records indicate that the metal fragments recovered

from President Kennedy's head were lead and that the five frag-

ments found in the car consisted of a portion of a jacketed bullet

(core and" jacket), a bullet jacket and three lead fragments. It

is apparent from these records that a compositional comparison

was made where appropriate.

Interrogatory No. 25:

Was a full and complete comparison

made between the chemical composition

of CE 399, the bullet which allegedly wounded both President

Kennedy and Governor Connally and (a) the composition of CF.

141,

the bullet found in the Mannlicher-Carcano rifle,

and. (b)

al1

other bullet fragments?

Answer No: 25:

(a)

No.

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No. Although comparisons were made, CE 399 (01)

was not compared with all other bullet fragments.

W kilty

Special Agent

Federal Bureau of Investigation

Washington, D. C.

20th day

Subscribed and Sworn to before me this

of

Octolu...

→1976.

My commission expires

Awn Lee Balasse

Notary Public

4-30-78

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I. (a) Elemental analysis is used to determine the composition of

bullets and bullet fragments. If, say, bullet A has the same

composition as bullet E, our report would say that bullet A

came from the same source (origin) of lead as bullet B or another

source of lead with the same coposition as bullet B. This does

not associate bullet A with bullet B to the exclusion of all

other bullets. If bullet A is different in composition from

bullet B, we point out this fact and say that bullet B could

not have come from the same source (origin) of lead as bullet

A; however, we point out that bullets of more than one com-

position are often represented in the single box of ammunition.

Our Laboratory and other laboratories have demonstrated that

several different compositions of lead are often represented

in a single box of cartridges. The two methods of elemental

analysis which were used in the Kennedy Assassination case

were emission spectroscopy and neutron activation analysis

(NAA) .

1. (b) There are no tests available which will specifically associate

NW 54999 DocId: 32989522 Page 449

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2.

3.

a bullet or bullet fragment to the exclusion of other bullets

or bullet fragments with a particular hole in a person or object.

There are tests available which will determine if a hole in a

person or object, or a dent in an object could have been caused

by being struck by a bullet. In this case, emission spectroscopy

was used to determine the composition at the edges of holes in

.

certain garments and to compare this composition with cloth

used as control taken from areas distant from these holes, and

also to determine the composition of metal scrapings from an

automobile windshield and curbstone.

Making the assumption that positive answers to interrogatories

1(a) and 1(b) are possible, there are no additional tests which

could have been used to help make these determinations in the

Kennedy Assassination case.

Emission spectroscopy and/or NAA were performed on items per-

taining to interrogatory l(a) and emission spectroscopy vas

performed on articles of clothing or other objects relative to.

interrogatory I (b).

2

NW 54999 DocId: 32989522 Page 450

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5.

Yes

SPECIMEN #

Q1

Q2

Q3

Q4

IDENTIFICATION

Bullet from stretcher

Bullet fragment from front

seat cushion

Bullet fragment from beside

front seat on right side

Metal fragment from the

President's head

Q5

Q6

6.5 mm Mannlicher - Carcano

cartridge case from buildin

Q7

Q8

Q9

Q14

Q15

6.5 mm Mannlicher - Carcano

cartridge from rifle

Metal fragment from arm of

Governor John Connally

Three metal fragments

recovered from rear floor

board carpet

Scraping from inside surfac

of windshield

3

NW 54999 DocId: 32989522 Page 451

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SPECIMEN #

Clothing of President Kennedy

Q21

Q22

Q24

Q25

Q48

IDENTIFICATION

Q558

Q566

Q567

Q568

Q569

Q609

R1

Trousers

Coat

Necktie

Shirt

6.5 mm Mannlicher - Carcano

cartridge case from

Depository

Windshield from President's

limousine

Black suit worn by Governor

John Connally

Black suit trousers worn by

Governor John Connally

White dress shirt worn by

Governor John Connally

Tie •

Piece of Curbing

6.5 mm Manalicher - Carcano

rifle with telescope sight,

serial No. C2766

NW 54999 DocId: 32989522 Page 452

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5. (a)

5.

Firearms Identification Examinations

Q1, Q2 Q3, Q4 and Q5, Q6, Q7, Q8, 29, Q14, Q48, KI

Elemental Analysis Examinations

Q7, 02, Q3, Q1 and 8S, 09, Q11, Q15, 022, 027, 025, 2566, 8567,

Q568, Q609

Microscopic Analysis (Fibers)

K1

Glass Fracture Examination

Q558

Microscopic Examination

Q609

No records were identified which concern

examinations, if any,

performed on Q21, and Q569.

With few exceptions the date(s) on which each item of evidence

was examined is not recorded. Therefore, the date of receipt

of the evidence and the datele of a communication containing

results are listed below.

NW 54999 DocId: 32989522 Page 453

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5 (b)

Specimens. received i tu FBI Laborating

November 22 and/or 23, 1963 and

examined therin:

81, Q2, 43 44 ah 45, 06, 47, 48,

Q9, Q14, QD,

Results. the eponiiations... on thes

specisnao..

are

included..in. aNor.

23,1963, Lobnato. Report.

Specimens received in the FBI Laborator,

on Nw 23, 1963,- andexamined thers.:

Q23

qдн,...

Rests examations on there items.

are. incested in-a..

December 5, 19.6.3,

NW 54999 -DOCId:32989522 Page 454

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MW 54999

Laboratong repot.

Specimens secial in the FBI

Labratay on Ms- 27, 1963, and examines

thoris:

448,..11..

Reads if exactios on these item.

are inclusted..

in.

Nr 29, 1463

Lotnatos asporte

Specime received in the FBI

Labaatog...

Mon 70, 1964,

and

spainsed theresn:

0558

Resulto

DooId: 32989522

Page

455

examinatins is on thei

---

## Page 456

itera

_are inceded in a Merdi 26, 1964

Laborates report

Specimens received in th FBI

Labaaton

aper 9,

1964, and

exemind then.

i therein!

9566, 4567, 95686

Result of examination on thes...

itemo were repated I la Proselente

Emmission blitter dates aps 16,

14.64.

Specimen. receive in the FBI

Laborator

an

Auy-

6,1964 and

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8.

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## Page 457

examined therein:

Q.609

Resulto o expaminatios a the

stem were reported to the Beside ts.

Emmissin... by. letter dater.

Angut. 19,..1964.

Specimens GI, Q2, Q4 al Q5,

Q9 and 914 were examined by

Dad Ridze. Antual Laborato,,

Recons indicate that these item

sterese.....

irradiated May 15,1964,

NW 54999-DosId 32989522 Page 457-,..

9

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то 15, 1464, and

and conted a 4. 3ay 26, 1924.

The

results of these expoinatio

were repaid i the Presidates

Emissi la litter dates

July 8.1964.

тчи-готико ікон

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10

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5. (c)

Firearms Identification Examinations

Special Agents Robert A. Frazier, Courtlandt Cunningham and

Charles L. Killion

Elemental Analysis Examinations

Special Agents John.F. Gallagher, Henry B. Heiberger and William

R. Heilman. J. F. Emery and Frank F. Dyer

Microscopic Analysis (Fibers)

Special Agent Paul H. Stombaugh

5. (d) All individuals listed in 5(c) were acting in their official

capacity.

5. (e) Courtlandt Cunningham, FBI Headquarter, Washington, DC

Paul M. Stombaugh, FBI Headquarters,

Washington, DC

Robert A. Frazier, Retired

Charles L. Killion, Retired

John F. Gallagher, Retired

Henry B. Heiberger, Retired

William R. Heilman, Retired

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6.

Our records do not indicate the present address and employment

of retired employees. Our records do not indicate the present

address and employment of J. F. Emery and F. F. Dyer. However,

in 1963 and 1964 they were chemists for Union Carbide Corporation,

Oak Ridge National Laboratory, Oak Ridge, Tennessee.

Our records indicate that the examinations listed in inter-

rogatory 5 were referred to in letters from J. Lee Rankin,

General Counsel, the President's Commission, to J.

Edgar Hoover,

Director, FBI, bearing the following dates:

ГВМ Т;

June 1, 1964

Feb 4, 1964

Feb 12, 1964

Mar 6, 1964

Mar 18, 1964

Mar 18, 1964

April 9, 1964

May 12, 1964

July T,

1964

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Records indicate that the examinations listed in interrogatory

5 were referred to in letters to J. Lee Rankin, General Counsel,

the President's Commission, from J. Edgar Hoover, Director, FBI

bearing the following dates:

Jan 10, 1964

Feb 7, 1964

Feb 18, 1964

Mar 11, 1964

Mar 23, 1964

Mar 24, 1964

April 16, 1964

Jun 2, 1964

July 8, 1964

Aug 12, 1964

Aug 19, 1964

Records indicate that the examinations listed in interrogatory

5 were referred to in FBI Reports of Special Agent Robert P.

Gemberling, Dallas, bearing the following dates:

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7.

8.

9.

10.

Nov 30, 1963

Dec 12, 1963

April 15, 1964

May 28, 1964

July 2, 1964

. No correspondence between the Atomic Energy Commission (AEC)

and the FBI was located in FBI records.

CE 399 (Q]) was examined for its elemental composition. An

examination of records shows that the lead portion contained

bismuth, copper, magnesium, silicon, iron, silver and antimony.

The jacket portion contained tin, lead, copper, zinc, silicon,

iron and silver.

I am not able to answer this question inasmuch as I do not

understand plaintiff's question. See my answers to interrogatory

#8 for a listing of the elements in CE 399 (Q1).

NAA is a method of chemical analysis based on the detection

and measurement of characteristic radionuclides produced in

a nuclear reactor. The procedures for conducting such an

NW 54999 DocId: 32989522 Page 462

•14

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I1.

12.

analysis are many and varied depending on the material to be

examined and the chemical elements under investigation. Three

texts which are publically available and may be of assistance:

to plaintiff are Principles of Activation Analysis by Paul

Kruger, Applied Gamma Ray Spectrometry by Adams and Dams and

Neutron Activation Analysis by De Soete, Gijbels and Hoste.

"Normal standards" as it is used in interrogatory lf and applied

to NAA in general is not understood by me.

It is assumed that this interrogatory refers to NAA. The pro-

cedures used to examine the items of evidence by NAA were

ones that would have been employed by other practioners given

the same kinds of materials with which to work.

Assuming that evidence is submitted to the FBI Laboratory, the

contributer usually requests that certain items be examined to

.."

show relationships to one another and to somehow associate items

with a crime. Based on their experience and expertise, examiners

in the FBI laboratory will usually determine the kinds of

examinations to perform on items of evidence.

15

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13.

14.

15.

Our records do not reveal who decided "what was tested" in the

Kennedy assassination case.

It is "normal" to make a "tabulation" of the results when

subjecting specimens to NAA. By "results" I mean the numerical

quantitative amount of a chemical element measured in the

material examined. The use of the "full and complete"

characterization of the "tabulation" is not understood by me.

A "tabulation" was made of the results obtained in the NAA

of metal fragments in this case.

This was given to plaintiff

and to the best of my knowledge is complete.

The conclusion one makes regarding whether or not specimens

are "identical or different in chemical composition" is based

on the data available from whatever technique or techniques

were employed in the examination. In some cases, due to

the

limited size of the material and/or its state of contamination

and/or the character of its composition it is not possible to

reach an "identical or different" conclusion. Additionally,

the terms used to described the conclusion reached are the

16

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*..

16.

17.

18.

choice of the person making the conclusion and may not

necessarily be stated as "identical" or "different".

Consistent with my answer to interrogatory #15 the answer is

yes.

In interrogatory 14 I defined "results" as the numerical

quantitative amount of a chemical element measured in the

material examined. This definition applied to NAA examinations.

An extension of this definition for spectrographic "results"

would be the relative concentration of a chemical element in

the material examined. Using these definitions, the "results

of the spectrographic and neutron activation tests" were not

given to the Warren Commission. Based on my review of the

records, I am unable to determine if the Warren Commission

asked for them.

If by "full and complete stated conclusions as to what the

tests showed" the plaintiff means our expert opinion as to

what the results of the spectrographic examinations and NAA

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showed, the answer is yes. Based on my review of the records,

-

I am unable to determine if the Warren Commission asked for

them.

19.

No.

20.

No answer necessary.

21. (a)

Records do not show or indicate why CE 141 (Q8) was not

examined by NAA.

21. (b)

Based on my experience and expertise, the reason the clothes

of President Kennedy and Governor Connally were not examined

by NAA in the areas where a bullet allegedly passed is because

NAA is not the method of choice for the determination of bullet

holes. In 1963, emission spectroscopy was the method of choice

for elemental analysis of the borders of holes in garments.

21. (c) Based on my experience and expertise

and an examination of

the notes made regarding the spectorgraphic analysis of the

lead smear on the curbstone, it is clear that the minimal

amount of lead smear present on the curbstone was not adequate

to conduct an examination by NAA.

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21. (d) Records indicate that Q3 is a section of bullet jacket devoid

of its lead core. Bullet jacket material made of copper,

zine and/or iron is generally unsuitable for examination by

NAA unless chemical separations are conducted. The chemical

separations would necessarily destroy markings on the item

of evidence. Emission spectrographic analysis was the method

of choice for analysis of bullet jacket material in 1963.

22.

An examiner often consults with another examiner concerning

his findings in a specific case, but in all liklihood there

would be no reason to commit this consultation to record.

An examination of records does not indicate that more than one

person recorded or verified the results of the individual

spectrographic or NAA examinations.

23. (a) No. Referring to my answer to interrogatory 1(b), a "full

and complete comparison" between the composition of a bullet and

the minute traces of metal left at the edges of a hole will

not permit the conclusion that the hole was made by a specific

bullet.

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23. (b) There were no metallic traces on Governor Connally's clothing.

23. (e) Our records indicate that only one fragment of lead was removed

from Governor Connally's body. The answer to this portion

of the interrogatory is yes.

24. (a)

Yes, to the extent that the specimens were of adequate size

• and condition for compositional analysis.

24. (b) Records indicate that the metal fragments recovered from

President Kennedy's head were lead and that the five fragments

found in the car consisted of a portion of a jacketed ballet

(core and jacket), a bullet jacket and three lead fragments.

It is apparent from these records that a compositional

comparison was made where appropriate.

25= (a) No.

25. (b)

No. Although comparisons were made, CE 399 (Q1) was not

compared with all other bullet fragments.

до

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UNIITH STARES DESIRACE COORY

TO: TIE DISTRICE OE COLUNDIA

RAROLD FRISESIC,

risintist,

Civil Aation tio, 75-0225

VITOND 5275X0

JUSTICK,

DERASRMLET CE

0. 5. EMERGE MUSERCE DED DETEE

ORNONE ADHERICRRARION,

FINIIRUTE'S FINST SSE OF INUPERROCHTORIUS TO

DEFIEDATI DUIDED SEANDS BENARE BIE DE SUSPICE

Under Rule 33 of Ens Federal Tulos of Cluir Procedure, Plaix•

ting addresson she folloring interrogatórios to defendent Unilet

Stains Deparcrore de tuatico:

J. a

that are thn. kinds us tooks or exominacions, physioal,

chemiont, microscopio or otharrise, which would nosmally be c07

ancion to determine:

(a) unacher or not bullots or bailer fra

mento have a cormon grigin, oc (s) which balloto or bullet tzas

192.5

Blazer which porzons as sujects?

2.. Are there any sadicional testo which could have bedi asca

in the invostigatin into dis noenacination ot Fecaluchi Wrory

to holy suio mood debozodzations? If 30, What are troy?

3. Which of cho toris 11ac0d in response to tho above inter-

LOGGING LIC SOCCERT DA T CAlED 20LO20G To C 1353

ination of arciano Kennedy

ta taio tho tosta cosdiated on tha itono of evidenco poz-

chatting

So sito

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2

chay could have been?

So Liot all lions of avidenco having to do with the chooting

of president kennedy, or any vapon used or allogouly used in the

choocing, Inciding ony and all bullets of bullut fragmente and

any objects struct or allegaily struct by bullet or bultet fray

mants. Give tha following information with respact to those teens

of evidance:

(a) the type of tosts perfored on each suon iten of avi.

dance:

(1) the date or dates on which each sach icen Of evidence was

tasted and the name of the laboratory in wich the testing was

dons;

(e) cho tame of tho person ot persons conduoting each such

tost and the namos of any othor persons present during the sest-

Jangi

(ã) the capacity, offiaial or orberviso

in much the-per

nons flated in racponse to interrogatory 5(c) vere prosont. it

SUCH

coating; dnd

(o) tho current addrons and employment of each pérson named

In reaponse to interrogatory 5(0).

6. Iisi all correspondence with respect to such tosis wilch

vas orchanged betroon the PsI and the Wurron Countasion, inclus-

ing the comtasion's Chaiman, Fart Warren,

its General Counsel,

I. Ioe Rantin, or any sensar of the conniscion's stass.

7: Iles all correspondonua wich rospect to such tests whic

was exchanged botreen the Ent and tho zis.

8.

what are all the chenical componenta of the bulles

Ien3091 allegeday used in the nurder of Presidant kennedy?

Fero ailos these chanical corposento tented) in ouch of

the tests made? If not, why not?

NW 54999 DocId:32989522 Page 470

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3

The who is

decided.

10. What are the normal standards and procedures for com

sucting neutron activation analysis?

11. Were the nomal standards

and procedures followed with

rospect to the tasting and analysis of itoms of evidence pertain-

ing to the assassination of President Kennedy?

I2. Under normal circunstances, who decidos what is tasted?

13. Rich rospect to the assassination of Presidont Kennedy,

sno decided what was tested?

1%. In subjecting evidentiary specimong to neution acciva-

tion testing, is it normal to nake a full and coupiate tabulacion

of the resalto? In this case, nas any such tabulacion made? Il

30, was it complete?

15. "In making a neutron activation analysis, is ii nosmal

to reach statod conclusions as to inother the various evicontiary

Identical or ditserent in chenical composition?

Were any such stated conclusions made with repeat to

the itons os

evidence tested by spectrographic or neutron active-

tion analysis in this case?

Here full and conplete results, of the spectrographie.

and neutron activation tests given to the Warren Commission? Did

the Harzen Cormission ask for then?

.. I8. Were full ana complete stated conclusions as to what the

tests shoved given to the Warzen Connission? Dia the Warren

comission ack for them?

19. Was the neutron activation tosting done on any icons or

evidence in the Kennedy assassination other than the paraffin

casts and the five Commission Exhibits-CE 399 (01), CE 567 (02):

CS 343 (01; 05%, CD 842 (OS), and CE 610 (014) -mentioned is Ero

April 10, 1975, Lottor Fron FBI Director Clarence Rolley to Kr.

Jamas il.

Lorar?

tE the

answer

affirma

wint are the otior itons of evidence

which wore subjectid to

NW 54999 DocId: 32989522 Page

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neutron activation booting?

21. Il the answer to intorrogatory nunber 12:15 nogative,

why were the

following lions of evlucnce not subjecica to nautron

activucion tooting:

(a) CE 142, the Liva round found in tha Kanslicher-Carcano

rifle which allegedly belonged to lee Harvey Osvald ind fired the

shots which killoù Prosidant Fennody?

(D) the clothing of. Presidont Konnedy and Covernor Connally

struck by or alleged to have been struck by bullets?

(a) the curbatone on the sonth side of s. Main Street east

of the migle Underpass wich was

struck. by bullet?

(a) the onllot fragnant: which i0. F3T, Laboratory Nunbor 937

I2.. Under normal proceduros vouid the resulta of the spoc-

troginphic oi neubron activation cnairses be iccorded and voritici

5y someone othor, than the person conducting. the tests?

Was' such

a procsiura followes vith respect to tha ibona of evidence coster

by theos techniques in concecion wish the investigation into

Fresident Kennody's assassination?

25.

Was a full any congiete comparison made betreen the

chenical composition of ce 339; the bullet which allegedly

wounded both Erosident kennedy and dovernor Conally ana (a)-aho

composition of the notallic traces on President Kennady's clothing,

(b) the composition of the notaildo traces on Govarnur Connally':

cloting, and (9) thu composition of all fragmonto reroved Sion

Governor Connally's body?'

2%.. ras

a full and complete comparison sade boween the

chonical composition of the bullet fragments Iccoverod fion Prosi-

dont sonnety'e lead and la tea, monition of the peepinge sion

the vindshicla, and (b) all five Iragmento Loand ln che cas dum

tvo diEfazonE seatChen?

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Wes a full and coplete comparicon mado botween tha

chenionl conposition of cE 399, tha bullet which allegedly rounded

both Iresident Kennedy and Governor. Connaily and (a) the composi

tion of cs 241, the bullet found in the Manalicher carcano risle,

and (1) all ochos bullot fraguents?

Ploase note that under rule 33 of the Federal Rules of Civil

Proceduce you aLO requircó to serve upon the undersigned, vichin

30 days ailer service on this socide, your anguars in wilting and

unser oath to the above interrogatories.

LESAR

SERVICE

I hereby cortily that service. on the foregoing has beon made

upon the defendant unitod States Departnent of Juscice by de

Ilvating a copy thereos to its attorney, Asgirtant undted States

attorney Michach J. Ryan, on this Ina doy. of day, 1975.

JADEE

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UNITED STATES DISTRICT COURT

•FOR THE DISTRICT

OF COLUMBIA

HAROLD WEISBERG,

Plaintiff

V.

UNITED STATES DEPARTMENT

OF

JUSTICE, et

al.,

Defendants

Civil Action No. 75-0226

DEFENDANT UNITED STATES DEPARTMENT OF JUSTICE'S

ANSWERS TO PLAINTIFF'S FIRST SFT OF INTERROGATORIFS

John W. Kilty, Special Agent, Federal Bureau of

Investigation (hereinafter FBI), being duly sworn, pursuant

to Rule 33 of the Federal Rules of Civil Procedure, hereby

answers the following Interrogatories. These answers are

based on information available to a party within the meaning

of Rule 33.

Interrogatory No. I:

What are the kinds of tests of

examinations, physical, chemical,

microscopic or otherwise, which would normally be conducted

to determine: (a) whether or not bullets or bullet fragments

have a common origin, or (b) which bullets or bullet fragments

struck which persons or objects?

Answer No. 1:

(a) Elemental analysis is used to

determine the composition of bullets

and bullet fragments.

If, say; bullet A has the same compo-

sition as bullet B, our report would say that bullet A came

from the same source (origin) of lead

as bullet B or another

source of lead with the same composition as bullet B. This

does not associate bullet A with bullet B

to the exclusion of

all other bullets.

If bullet A is different

in composition

from bullet B, we point out this fact and

say

that bullet

=1 -

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:

could not have come from the same source (origin) of lead as

bullet A; however, we point out that bullets of more than one

composition are often represented in a

single box of ammuni-

tion. Our Laboratory and other laboratories have

demonstrated

that

several different compositions of lead

are often

repre-

sented in. a single box of cartridges.

The two methods of

elemental analysis which were used in the Kennedy Assassination

case were emission spectroscopy and neutron activation analysis

(NAA) .

(b) "There are no tests available

which will specifically associate

a bullet or bullet fragment to the exclusion of other bullets

or bullet fragments with a particular hole in a person or object.

There are tests available which will determine if a hole in a

person or object, or a dent in an object, could have been caused

by being struck by a bullet. In this case, emission spectroscopy

was used

to determine the composition at the edges of holes in

certain garments and to compare this composition with cloth used

as control taken from areas distant from these holes, and

also

to determine the composition of metal scrapings from an automobile

windshield and curbstone.

Interrogatory No. 2:

Are there any additional tests which

could have been used in the investigation

into the assassination of President Kennedy to help make these

determinations? If so, what are they?

Answer No. 2:

Making the assumption that positive

answers to

interrogatories 1(a) and 1(b)

are possible, there are no additional

tests which could have been

used to help make these determinations in the Kennedy Assassina-

tion case.

Interrogatory No. 3:

Which of the tests listed in response

to the above interrogatories were per-

formed on the evidence pertaining to the assassination of

President Kennedy?

-2 -

NW 54999 DocId: 32989522 Page 475

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Answer No. 3:

Emission spectroscopy and/or NAA were

performed on items pertaining to

interrogatory I(a) and emission spectroscopy was performed on

articles of clothing or other objects relative to interrogatory

1(b) .

Interrogatory No. 4:

Were the tests conducted on the items

of evidence pertaining to the assassina-

tion of President Kennedy as complete.as they could have been?

Answer No. 4:

Yes.

Interrogatory No. 5:

List rall items of evidence having to do

with the shooting of President Kennedy

or any weapon used or allegedly used in the shooting, including

any and all bullets or bullet fragments and any objects struck

or allegedly struck by bullet or bullet fragments. Give the

following

information with respect to those items of evidence:

(a) the type of tests performed on each such item of

evidence;

(b) the date or dates on which each such item of evidence

was tested and the name of the laboratory in which the testing

was done;

• (c)

the name of the person or persons

conducting each

such

test and

the names of any other persons present during

the

testing;

(a) the capacity, official or otherwise, in which the persons

listed in response to interrogatory 5(c) were present at such

testing: and

• (e) the current address and employment of each person named

in response to interrogatory 5(c).

Answer No. 5:

SPECIMEN #

Q1

22

03

IDENTIFICATION

Bullet from stretcher

Bullet fragment from front seat cushion

Bullet fragment from beside front seat

on right side

- 3 -

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=.°

SPECIMEN #

04

06

27

28

29

014

Q15

Q21

022

Q24

Q25

Q48

Q558

2566

Q567

Q568

0569

2609

KI

IDENTIFICATION

Metal fragment from the President's

head

Metal fragment from the President's

6.5 mm Mannlicher - Carcano cartridge

case from building

6.5. mm Mannlicher - Carcano cartridge

case from building

6.5 mm Mannlicher - Carcano

cartridge

from rifle

Metal fragment from arm of Governor

John Connally

Three metal fragments recovered from

rear floor board carpet

Scraping from inside surface of

windshield

Trousers worn by President Kennedy

Coat worn by President Kennedy

Necktie worn by President Kennedy

Shirt worn by President Kennedy

6.5 mm Mannlicher - Carcano cartridge

case from Depository

Windshield from President's limousine

Coat worn by Governor Connally

Trousers worn by Governor Connally

shirt worn by Governor Connally

Necktie worn by Governor Connally.

Piece of Curbing

6.5 mm Mannlicher - Carcano rifle with

telescope sight, serial No. C2766

(a) Firearms Identification Examinations

01, 02, 03, 04 and 05, 96, 07, Q8, 09, 014, 048, K1

Elemental Analysis Examinations

.01: 02, 03, 84 and 05, 29, 214, 015, 022, 024, 025,

9556, 0567, 0568, 0609

Microscopic Analysis (Fibers)

K1

-1-

NW 54999 DocId:32989522 Page 477

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(b)

Glass Fracture Examination

0558

Microscopic Examination

Q609

No records were identified which concern examinations, if

any, performed on Q21 and 9569.

With

few exceptions the date(s) on which each item of

evidence was examined

is not recorded.

However in order

to be as responsive as possible, the date of receipt of

the evidence and the date of the communication containing

results are listed below; the date upon which the item was

examined would of necessity fall between the former and

latter date.

Specimens received in the FBI Laboratory on November 22,

and/or 23, 1963, and examined therein:

01, 02, 23, 04 and 05, 06, 07, 08, 09, 014, 015, K1

Results of examinations on these specimens are included

in a November 23, 1963, Laboratory Report.

Specimens received in the FBI Laboratory, on November 23,

1963, and examined therein:

022, 024, 025

Results of examinations on these items are included

in a

December 5, 1963, Laboratory Report.

specimens received in the fBI Laboratory on November 27,

1963, and examined therein:

Q48, K1

Results of examinations on these items are included in a

November 29, 1963, Laboratory Report.

'Specimens received in the FBI Laboratory on March 20, 1964,

and examined therein:

0.558

Results of examinations on this item are included in a

March 26, 1964, Laboratory Report.

- 5 -

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Specimens received in the FBI Laboratory on April 9,

1964, and examined therein: '

0556, 0567, 0568

Results of examinations on these items were reported

to the President's Commission by letter dated April 16,

1964.

Specimens received in the FBI Laboratory on August 6,

1964, and examined therein:'

Q609

Results of examinations on this item were reported to

the President's Commission by letter dated August 12,

1964.

Specimens e1, 02, 04 and 05, 29, and Q14 were

examined by neutron activation analysis at the Oak

Ridge National Laboratory. Records indicate that these

items were irradiated May 15, 1964, and counted on

May 15, 1964, and May 26, 1964.

The results of these

examinations were reported to the President's Commission

by letter dated July 8, 1964.

(c) Firearms Identification Examinations

Special Agents Robert A. Frazier, Courtlandt Cunningham,

and

Charles I. Killion

Elemental Analysis Examinations

Special Agents John F. Gallagher, Henry B. Heiberger,

and William R. Heilman. J. F. Emery and Frank F. Dyer

Microscopic Analysis (Fibers)

Special Agent Paul M. Stombaugh

(a)

All individuals listed in 5(c) were acting in their

official capacity.

(e) Coutlandt Cunningham, FBI Headquarters, Washington, D. C.

' Paul M. Stombaugh, FBI Headquarters, Washington, D. C.

Robert A. Frazier, Retired

Charles I. Killion, Retired

- 6 -

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John F. Gallagher, Retired

Henry B. Heiberger, Retired •

William R. Heilman, Retired

Our records do not indicate the current. address and

employment

of retired employees. Our records do not

indicate the current address and employment

of J. F.

Emery

and Frank F. Dyer. However, in 1963 and 1964

they

were chemists

for Union Carbide Corporation, Oak

Ridge National Laboratory, Oak Ridge, Tennessee.

Interrogatory No. 6:

List all correspondence with respect

to such tests which was exchanged

between the FBI and the Warren Commission, including the

Commission's Chairman, Earl Warren, its General Counsel,

J, Lee Rankin, or any member of the Commission's staff.

Answer No. 6:

Our records indicate that the

examinations listed in

inter-

rogatory 5 were referred to in letters from J. Lee Rankin,

General Counsel, the President's Commission, to J. Edgar

Hoover, Director,, FBI, bearing the following dates:

January 7; 1964г

February

4, 1964

February 12; 1964

means

March 6, 1964

March 18, 1964-

March 18, 1964 =

April 9, 1964

May 12, 1964

July 7, 1964 -

Our records indicate that the examinations listed in inter-

rogatory 5 were referred to in letters to J. Lee Rankin, General

Counsel, the President's Commission, from J. Edgar Hoover,

Director, FBI, bearing the following dates:

January 10, 1964-

February

7, 1964

- 7-

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February 18, 1964

March 11, 1964

March 23, 1964€

March 24, 1964*

April 16, 1964+

June 2, 1964

July 8, 1964

August 12, 1964 -

August 19, 1964

Our records indicate that the examinations listed in

inter-

rogatory 5 were referred to in FBI Reports of Special Agent

Robert P. Gemberling, Dallas, bearing the following dates:

November 30, 1963

December 12, 1963

April 15, 1964

May 28, 1964

July 2, 1964

Interrogatory No. 7:

List all correspondence with respect

to such tests which was exchanged

Answer No. 7:

Interrogatory No. 8:

Answer No. 8:

between

the FBI and the AEC.

No correspondence between the Atomic

Energy Commission (AEC) -and the FBI

-was located in FBI records:

What are all the chemical components

of the bullet (CE399) allegedly used

in the murder of President Kennedy?

CE 399 (Q1) was examined for its :

elemental composition. An examination

of records shows that the lead portion contained bismuth, copper,

magnesium, silicon, iron, silver and antimony. The jacket por-

tion contained tin, lead, copper, zinc, silicon, iron and silver.

Interrogatory No.

9:

Were all of these chemical components

tested in each of the tests made? If

not, why not?

1-8-

NW 54999 DocId:32989522 Page 481

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Answer No: 9:

I am not able to answer this question

inasmuch' as I do not understand plain-

tiff's question. See my answer to interrogatory 8 for a listing

of the elements in CE 399 (li).

Interrogatory No. 10:

What are the normal standards and

procedures for conducting neutron

activation analysis?

Answer No. 10:

NAA is a method of chemical analysis

based on the detection and measurement

of characteristic radionuclides produced in a nuclear reactor.

The procedures for conducting such

an analysis are many and

varied depending on the material to be examined and the chemical

elements under investigation. Three texts which are publically

available and may be of assistance to plaintiff are Principles

of Activation Analysis by Paul Kruger, Applied Gamma Ray

"Spectrometry by Adams and Dams and Neutron Activation Analysis

by De Soete, Gijbels and Hoste. "Normal standards" as this term

is used in interrogatory 10 and applied to NAA in general is not

understood by me.

Interrogatory No. 11:

Were the normal

standards and procedures

followed

with respect to the

testing

and

analysis of items of evidence pertaining to the assassination of

President Kennedy?

Answer No. 11:

It is assumed that this interrogatory

refers to NAA. The procedures used to

examine the items of evidence by NAA were ones that would have

been employed by other practicioners given the same kinds of

materials with which to work.

Interrogatory No. 12:

Under normal circumstances, who

decides what is tested?

Answer No. 12:

Assuming that evidence is submitted to

the FBI Laboratory, the contributor

usually requests that certain items be examined

to show rela-

tionships to one another and to somehow

associate items with a

- 9 -

NW 54999 DocId: 32989522 Page 482

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## Page 483

crime.

Based on their experience and expertise, examiners

in the FBI Laboratory will usually determine the kinds of

examinations to perform on items of evidence.

Interrogatory No. 13:

With respect to the assassination

of President Kennedy, who decided

what was tested?

Answer No. 13:

Our records do not reveal

"who

decided what was tested" in the

Kennedy assassination case.

Interrogatory No. 14:

In subjecting evidentiary specimens

to neutron activation testing, is it

normal to make a full and complete tabulation of the results?

In this case, was any such tabulation made? If so, was it

complete?

Answer No. 14:

It is "normal" to make a

"tabulation"

of the results when subjecting speci-

mens to NAA. By "results" I mean the numerical quantitative

amount of a chemical element measured in the material examined.

The use of the "full and complete" characterization of the

"tabulation" is not understood by me.. A "tabulation" was made

of the results obtained in the NAA of metal fragments in

this

case. This was given to plaintiff and to the best of my

knowledge is complete.

Interrogatory No. 15:

In making a neutron activation analysis,

is it normal. to reach stated conclusions

as to whether the various evidentiary specimens are identical or

different in chemical composition?

Answer No. 15:

The conclusion one makes regarding

whether or not specimens are "identical

or different in chemical composition"

is based on the data

available from whatever

technique or

techniques were employed in

the examination. In some cases, due to the limited

size of the

material and/or its state of contamination and/or the character

of its composition, it is not possible to reach an "identical

or different" conclusion. Additionally, the terms used to

- 10 -

NW 54999

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describe the conclusion reached are the choice of the person

making the conclusion and may not necessarily be stated as

"identical" or "different." See my answer to interrogatory

1(a) •for a further discussion regarding the conclusions

reached concerning elemental analysis of bullet fragments.

Interrogatory No. 16:

Were any such stated conclusions

made with respect to the items of

evidence tested by spectrographic or neutron activation

analysis in this case?

Answer No. 16:

Consistent with my answer to inter-

rogatory 15 the answer is yes.

Interrogatory No. 17:

Were full and complete results of

the spectrographic and neutron acti-

vation tests given to the Warren Commission? Did the Warren

Commission ask for them?

Answer No. 17:

In interrogatory 14 I defined

"results" as the numerical quantitative

amount of a chemical element measured in the material examined.

This definition applied to NAA examinations. An extension of

this definition for spectrographic "results" would be the

relative concentration of a chemical element in the material

examined.

Using these definitions, the "results of the spec-

trographic

and

neutron activation tests" were not given to the

Warren

Commission.

Based on my review of the records, I

am

unable to determine if the Warren Comnission asked for them.

Interrogatory No. 18:

Were full and complete stated conclu-

sions as to what the tests showed given

to the Warren Commission? Did the warren Commission ask for

them?

Answer No. 18:

If by "full and complete stated conclu-

sions as to what the tests showed" the

plaintiff means our expert opinion as to what the results of the

spectrographic examinations and NAA indicated, the answer is yes.

Based on my review of the records, I am unable to determine if

the warren Commission asked for them.

- 11-

NW 54999 . DocId: 32989522 Page 484

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## Page 485

Interrogatory No. 19:

Was the neutron activation testing

done on any items of evidence in the

Kennedy assassination other than the

paraffin casts and the

five Commission Exhibits--CE 399 (Q1), CE 567 (Q2), CE 843

(04, 05), CE 842 (09), and CE (014) --mentioned in the April 10,

1975, letter from FBI Director Clarence Kelley to Mr. James H..

Lesar?

Answer No. 19:

Interrogatory No. 20:

No.

If the answer to interrogatory number

12 is-affirmative, what are the other

items of evidence which were subjected to neutron activation

testing?

Answer No. 20:

-

Assuming plaintiff means to refer

to

"interrogatory 19," no answer is

necessary.

" Interrogatory No. 21:

If the answer to interrogatory number

12 (sic) is negative, why were the

following items of evidence not subjected to neutron activation

testing:

(a) CE 141, the live round found in the Mannlicher-Carcano

rifle which

allegedly belonged to Lee Harvey Oswald and

fired

- the shots which killed President Kennedy?

(b).

the clothing of President Kennedy and Governor "Connally

struck by or alleged to have been struck by bullets?

(c)

the curbstone on the south side of S. Main Street east

of the Triple Underpass which was struck by bullet?

(d)

the bullet fragment which is FBI Laboratory Number 03?

Answer No. 21:

(a)

Our records do not indicate why CE 141 (08) was not

examined by NAA.

16) Based on my experience and expertise, the reason the

clothing of President Kennedy and Governor Connally was not

examined by NAA in the areas where a bullet allegedly passed is

because NAA is not the method of choice for the determination

- 12 -

NW 54999 DocId:32989522 Page 485

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## Page 486

of bullet holes. In 1963, emission spectroscopy was the

method

of choice for elemental analysis of the borders of

• holes in

garments.

• (c).

Based on my experience and expertise and an

examination.of

the notes made regarding the spectrographic

analysis of the lead

smear on the curbstone, it is clear that

the minimal amount of lead

smear present on the curbstone was

not adequate to conduct an examination by NAA.

(d)

Records indicate that è3 is a section of bullet

jacket devoid of its lead core.

Bullet jacket material made

of copper, zinc and/or iron is generally unsuitable for

examination by NAA unless chemical separations are conducted.

The chemical separations would necessarily destroy markings on

the item of evidence. Emission spectrographic analysis was the

method of choice for analysis of bullet jacket material in 1963.

Interrogatory No. 22:

Under normal procedures would the

results of the spectrographic or neutron

activation analyses be recorded and verified by someone other than

the person conducting the tests? Was such a procedure followed

with respect to the items of evidence tested by these techniques

'in connection with the investigation into President Kennedy's

assassination?.

Answer No. 22:

An examiner often consults with another

-

examiner concerning his findings in a

specific case, but in all likelihood there would be no reason

to commit this consultation to record.

An examination of records

does not indicate that more than one person recorded or verified

the results of the individual spectrographic or NAA examinations.

Interrogatory No. 23:

Was a full and complete comparison

made

between the chemical composition of

CE 399, the bullet which allegedly wounded

both President

Kennedy

and Governor Connally and (a) the composition of the

metallic traces on President Kennedy's clothing, (b) the com-

position of the metallic traces on Governor Connally's clothing,

and (c) the composition of all fragments removed from Governor

Conally's body?

- 13-

NW 54999 DocId: 32989522 Page

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## Page 487

Answer No. 23:

(a)

No. Referring to my answer to interrogatory

1(b),

a "full and

complete comparison" between the composition of

a bullet and

the minute traces of metal left at the edges of

a hole will not permit the conclusion that

the hole was made

by a specific bullet.

There were no metallic traces on Governor Connally's

clothing.

(c)

Our records indicate that only one fragment of lead

was removed from Governor Connally's body. The answer to this

portion of the interrogatory is yes.

Interrogatory No. 24: Was a full and complete comparison made

between the chemical composition of the

bullet fragments recovered from President Kennedy's head and (a)

the composition of the

sweepings from the windshield, and (b)

all five fragments found in the car during two different

searches?

Answer No. 24:

(a)

Yes, to the extent that the specimens were of adequate

size and condition for compositional analysis.

(b) Our records indicate that the metal fragments recovered

from President. Kennedy's head were lead and that the five frag-

ments found in the car consisted of a portion of-a jacketed bullet

(core and" jacket), a bullet jacket and three lead fragments.

It

is apparent from these records that a compositional comparison

was made where appropriate.

Interrogatory No. 25:

Was a full and complete comparison

made between the chemical composition

of CE 399, the bullet which allegedly wounded both

President

Kennedy and Governor Connally and (a)

the composition of

CF. 141,

the bullet found in the Mannlicher-Carcano rifle, and.

(b)

all

other bullet fragments?

Answer No. 25:

(a) No.

- 14 -

NW 54999 DocId:32989522 Page 487

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## Page 488

(b)

No.

Although comparisons were made, CE 399 (Q1)

was not compared with all other bullet fragments.

W Kilty

Special Agent

Federal Bureau of Investigation

Washington, D. C.

20th day

Subscribed and Sworn to before me this

of October :

_ 1976.

My commission expires

Lee Balasse

Notary Public

4-30-78

- 15 -

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(Rev. 8/2/76)

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## Page 490

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NW 54999

DoeId: 32989522

Page 490

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## Page 491

dean Tir, Lezar,

I heis been reguerted by the FIBI, as Thei

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To repend to your letter of Sonembes 4,1924,

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54999 DocId: 32989522

Page 491

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## Page 492

. 2.

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NW 54999 DocId: 32989522 Page 492

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## Page 493

3

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54999 DocId: 32989522

Page 493

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## Page 494

inflection of shyscal larm upon, di Cagest n

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54999

DocId: 32989522

Page 494

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## Page 495

Thur able me a paris he san, caculi

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AIM 54999 DocId: 32989522 Page 495

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## Page 496

Kylin.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

(Kennedy-)

HAROLD WEISBERG,

Plaintiff,

v.

UNITED STATES DEPARTMENT OF

JUSTICE, and

U.S.

ENERGY RESEARCH AND DEVEL

OPMENT

ADMINISTRATION,

Defendants

Civil Action No. 75-226

REQUEST FOR PRODUCTION OF DOCUMENTS BY

DEFENDANT UNITED STATES DEPARTMENT OF JUSTICE

Pursuant to Rule 34 of the Federal Rules of Civil Procedure,

plaintiff

requests that within 30 days the defendant United States

Department.of Justice produce and permit plaintiff to make copies

of the following documents:

1. All correspondence, notes, memos, routing slips, or any

other form of record pertaining to any communications, whether

written, telephonic, or oral, exchanged in regard to spectrographic

or neutron activation anlayses or any other scientific tests per-

formed on items of evidence) in the assassination of President

Kennedy:

This should include all such correspondence or communica-

tions exchanged with respect to any such tests which were discussed

or contemplated but not actually carried out.

2. All correspondence, notes, memos, routing slips, or any

other form of record pertaining to plaintiff's 1966, 1970, and 1974

requests for the results of the spectrographic and/or neutron acti-

000 will: 2989522

Page 496

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## Page 497

2

Sirene

vation analyses conducted on items of evidence in the

assassination

of President Kennedy, including any such records which reflect the

defendant's efforts to ascertain what records it has which come

within the scope of plaintiff's request and any efforts it made to

determine what tests were actually conducted.

3. Any rules, regulations, procedures, or guidelines which

pertain to or govern spectrographic and neutron activation testing.

• 4. Any instructions, directives, or memorandums issued with

respect to the testing of items of evidence in the assassination of

President Kennedy by spectrographic or neutron activation analysis

or other scientific means.

JAMES HIRAM LESAR

1231 Fourth

Street,

S. W.

Washington, D. C..

20024

Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that I have this 12th day of August, 1976,

mailed a copy of the foregoing Request for Production of Documents

by Defendant United States Department of Justice to Assistant

United States Attorney Michael Ryan, Room 3421,. United States Court-

house, Washington, D. C.

20001.

TO JAMES IRAN LESAR

NOW 4041909059

100 040l:72989522

Page

497

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## Page 498

SENT

UNITED STATES DISIRICI COURT

FOR THE DISTRICT OF COLUMBLA

HAROLD WEISBERG,

Plaintiff,

v.

U. S. DEPARTMENT OF JUSTICE

et at-s

Civil Action No. 75-226

Defendants.

FILED

OCT ... 5 1977

ORDER

LAMES F. DAVEY, Cler!

This matter having come before the Court on defendants' motion

for summary judgment, and plaintiff's opposition thereto, and it appearing

that no genuine issue of material fact exists, Fed. R. Civ. P. 56(c), It

is, by the Court this 1"

Th day of October, 1977,

ORDERED, that the plaintiff's motion for leave to file opposition

out of time is granted; and it is further

ORDERED, thet the defendants' motion for summary judgment be,

and. hereby is, granted.

C. 4. One

John H. Pratt

nited States District Judge

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78042000

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG,

Plaintiff,

v.

U. S. DEPARTUENI OF JUSTICE

et a1.,

Civil Action No. 75-226

Defendants.

FILED

OCT -. 5 1977,

MEMORANDUM OPINION

'AMES F. DAVEY, Clert

This matter is before the Court

on defendants' motion for summary

judgment. Plaintiff has brought suit under the Freedom of Information Act

("FOIA") to obtain materials relating to scientific and ballistics tests

alleged to have been performed on items of evidence in the assassination of

President John F. Kennedy. 5 U.S.C. $ 552(b) (7) (Supp. V 1975). The

defendants are the United States Department of Justice, to which plaintiff

has directed his requests for laboratory records of the Federal Bureau of

Investigation, and the United States Energy Research and Development Adminis-

tration ("'ERDA"), to which plaintiff has directed requests for records of

the Atomic Energy Commission ("AEC"), ERDA's predecessor agency.

ERDA's responses to plaintiff's interrogatories indicate that the

AEC's role in the investigation of the assassination of President

Kennedy was limited to making its reactor facilities at Oak

Tennessee, available for FBI tests on assassination

evidence.

See generally Defendant ERDA's Responses to

Plaintiff's First Set of Interrogatories.

Plaintiff apparently

does not dispute this po t; the only respect in which either

ERDA Or AEC figure in his recent submissions relates to the

FBI's alleged failure to follow up on an AEC official's recom-

mendations that certain tests be conducted.

See Affidavit of

Harold Weisberg, at 16; Letter from Dr. Paul C. Aebersold,

Director, Division of Isotopes Development, United States Atomic

Energy Commission, to Herbert J. Miller,

Assistant Attorney General,

Criminal Division, United States Department of Justice (December I1,

The AEC recommendations were conveyed to the FBI by

for the President's Commission on the Assassination of President

Kennedy (Warren Commission).

Letter from J. Lee Rankin, General Counsel,

President's Commission on the Assassination of President Kennedy,

to J. Edgar Hoover, Director, Federal Bureau of Investigation,

(January 7, 1964).

In its reply, the FBI pointed out that it was

"well-acquainted" with the techniques propounded by the AEC,

and that arrangements

for such testing already were under way.

Edgar Hoover to J. Lee Rankin (January 10, 1964).

There is no indication that the FBI followed the AEC recommendations

the letter; indeed, the FBI special agent who conducted the type

of testing in question appears to have resented the AEC recommendation

as interfering

in the FBI's investigation. See Deposition of John F.

INW 54999 DogId: 3298652lagRere 49967 :*

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-2-

Although the Government's submissions to the plaintiff have been

voluminous, plaintiff maintains that much of what he has received was

unsought,

and

that

much

what he has sought has not been tendered to him.

The Government's position, on the other hand, remains, first, that it has

complied fully with plaintiff's requests'as

to materials extant, and second,

that it cannot possibly comply with the remaining requests because the •

materials

sought do not exist.

In moving for summary judgment,

the Government bears the burden

of demonstrating that no genuine issue of material fact impedes its right

to judgment as a matter of law. Fed. R. Civ. P. 56(c); Bloomgarden v. Coyer,

156 U.S. App. D.C. 109, 479 F.2d 201, 208 (D.C. Cir. 1973): Although mere

assertions in the pleadings will not

suffice to defeat a motion for summary

judgment, Dewey v. Clark, 86 U.S. App. D.C. 137, 180 F.2d 766, 770 (D.C.

Cir. 1950), matters of fact are to be viewed in the light most favorable to

the party opposing the motion. Nyhus v. Travel Management Corp.:

151 U.s.

App. D.C. 269, 466 F. 2d 440, 442 (D.C. Cir. 1972) ; Semaan v. Mumford, 118

U.S. App. D.C. 282, 335 F.2d 704, 705 п.2 (D.С. Cir. 1964).

I. BACKGROUND OF THE ACTION.

Plaintiff's initial quest for scientific investigatory data related

to the assassination of President Kennedy was frustrated in the courts on

the ground that the data sought lay within the purview of FOIA exemption

seven, covering

investigative matter. Weisberg v. United States Department

of Justice, 160 U.S. App. D.C. 71, 489 F.2d 1195 (D.C. Cir. 1973) (en banc),

cert. denied, 416

U.S. 993 (1974); see Act of June 5, 1967, Pub. L. No.

90-23, § 1, 81 Stat. 54 (current version at 5 U.S.C. $ 552(b) (7) (Supp. V

1975)). Congress subsequently narrowed

the scope of exemption seven, and

plaintiff renewed his requests. Act of Nov. 21, 1974, Pub. L. No. 93-502,

§ 2, 88 Stat. 1563, amending 5 U.S.C. $ 552(b) (7) (1970). On July 15, 1975,

this Court dismissed the action as moot, and plaintiff took an appeal. A

panel of the United States Court of Appeals for the District of Columbia

NW 54999 Dogid: 32989522 Page 500

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## Page 501

-3-

Circuit reversed, and remanded for further proceedings. Weisberg v. United

States Department of Justice, 177 U.S. App. D.C. 161, 543 F. 2d 308 (D.C.

Cir. 1976). The Court of Appeals identified five categories

of investiga

tive

tests

as

to which

plaintiff had

made demands "which

raise material

factual questions

still in dispute." Id. at 163, 543 I.2d at 310. As the

Court of Appeals noted, however, there remain other categories of

tests;

such as the microscopic examinations performed on certain items of evidence,

as to which plaintiff

asserts his requests have not evoked

satisfactory

response. Id. at 164, 543

F.2d at 311.

These categories, as well as the

five enumerated in the Court of Appeals opinion, must figure in considera-

tion of the motion for summary judgment. In addition to identifying several

of the factual areas to be explored on remand, the Court of Appeals specified

an exploratory technique,

namely the taking of the testimony, by deposition

or otherwise, with an opportunity for cross-examination in any case, of the

individuals who actually conducted the tests, the results of which plaintiff

• has requested. Id. at 163, 164, 543 F.2d at 310, 311.

In February and March, 1977, plaintiff took the depositions of

four former and present employees of the Federal Bureau of Investigation

laboratory, all of whom worked directly with evidence associated with the

assassination.

The four are Robert A. Frazier, employed

as a special agent

in the laboratory's firearms and toolmarks unit during the investigation of

the assassination, and retired from the FBI as of April 1975; John F.

Gallagher, assigned to the laboratory's spectrographic unit during the

investigation, and retired as of January 1975; Lyndal I. Shaneyfelt,

assigned

a documents

examiner

and photographic specialist for the

laboratory between 1955 and 1975, when he retired from the Bureau; and

Cortlandt Cunningham, formerly a special agent supervisor in the firearms.

and toolmarks unit during the investigation, and presently chief of the

unit.

Frazier and Cunningham were deposed

February 24, 1977, and Gallagher

and Shaneyfelt were deposed March 28, 1977. At each deposition save that

of former Special Agent Gallagher, examination was by plaintiff's counsel

NW 54999

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501

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only, with occasionally interposed objections from counsel for

the

defendants.

At a hearing March 30, 1977, counsel for plaintiff indicated

that no further depositions of FBI employees who had participated in the

Bureau's investigation were planned.

Weisberg v. United States Department

of Justice, No. 75-226, II. at 4 (D.D.C.. March 30, 1977). These representa-

tions controvert the suggestion

in

1 an

affidavit of

the plaintiff that

"[t]his Court refused me the depositions my counsel and I consider

necessary

to meet what I regard as the mandate of the court of appeals..."

Affidavit of Harold Weisberg I 165, at 34 (July 28, 1977) [hereinafter

"Weisberg Affidavit"']. Read broadly, the mandate of the Court of Appeals

was to resolve whether the data sought exist on "the basis of the best

available evidence, i.e., the witnesses who had personal knowledge of

events at the time the investigation was made." 177 U.S. App. D.C. at 164,

543 F.2d at 311. Plaintiff has not sought to depose any

such witness

other

than the four whose depositions were taken. To borrow the metaphor employed

by the Court of Appeals in its opinion above, the legal engine of

crosS-

examination has done its work on plaintiff's behalf with respect to witnesses

with direct knowledge of the FBI investigation into the President's assassí-

nation. 177 U.S. App. D.C. at 164, 543 F.2d at

311. The issue devolves

to what the evidence adduced in the four depositions establishes, and thence

to whether there now remains a genuine issue as to whether

the Government

has complied with the strictures of the FOIA.

II. THE EVIDENCE ADDUCED.

The testimony of & . four deponents related not only to specific

pieces of assassination evidence and the tests performed, or not performed,

upon them, but also to the procedures,

and occasionally lack of procedures,

employed in those sections of the FBI laboratory with which

the deponents

2/ Counsel had previously indicated he planned to depose plaintiff,

an employee of the National Archives, which has custody of the

evidence Involved, and an FBI special agent who had not parti-

cipated in the investigation but whose affidavit had constituted

part of the Government's response to plaintiff's request.

NW 54999 Dodtd: 32989522 Page 502

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were familiar. These laboratory procedures bear significantly on the

question

whether much of the material plaintiff seeks exists.

Laboratory Procedures. The laboratory's Scientific Analysis

Section, was known at the time of the investigation as the Physics and

Chemistry Section; then,

as

now, the section comprised

several disparate

units, including the firearms and toolmarks unit, and the spectrographic

unit, which in 1963-64 was responsible for both emissions spectrography

and neutron activation analysis. Cunningham Deposition, at 4-5. During

the investigation of the Presidential assassination, investigating agencies

in the field--the Dallas Police Department, the Secret Service, and the

FBI--forwarded the evidence to the FBI laboratory, in some instances directly

to the firearms and toolmarks unit. Frazier Deposition, at 5, 7-8;

Cunningham Deposition, at

8. Ordinarily, the evidence would be accompanied

by a statement of the matters sought to be ascertained through laboratory

testing, as, for example, the presence of gunpowder on a piece of evidence.

Frazier Deposition, at 6, 8. The decision as to the specific tests to be

conducted, however, was made within the laboratory. Id. at 8-9; Cunningham

Deposition, at 8-9; Gallagher Deposition, at 26-27. The decisionmaking

process as to which tests would be appropriate apparently was highly

informal:

in some cases, Frazier,, the laboratory examiner with direct

responsibility for the Physics and Chemistry Section's efforts in the

investigation, conferred with his superiors on the tests to be performed,

Cunningham Deposition, at 8-9, and in others, he and the individual

examiners who would conduct le tests conferred on which tests to perform.

Frazier Deposition, at 8; Gallagher Deposition,

at 27. In still other

instances, if the individual examiner determined

that tests outside his

domain were called for, he and his supervisor (Frazier, in most cases)

would approach examiners in the other units with jurisdiction over the

requisite type of testing.

Cunningham Deposition, at 10; Frazier Deposition,

at 8-9; Shaneyfelt Deposition, at 14. Only rarely were these

conferences

on tests to be performed recorded in communications between the conferees,

NW 54999 Dogfd: 32989522 Page 503

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MESSELS

-6-

or in notes made by one of them. Cunningham Deposition, at 10; Frazier

Deposition, at

8-9; Gallagher Deposition, at 27-28.

The tests determined to be appropriate for a given item of

physical evidence typically were conducted by examiners working individually,

or under the direct

supervision of the individual examiner. Cunninghan

Deposition, at 10; Frazier Deposition, at 10. Three examiners in the

firearms and toolmarks unit collaborated on the testing within that unit,

all three having been present during all tests conducted by the unit on

assassination evidence, save a velocity test.

Cunningham Deposition, at 53.

Several examiners

tested items of evidence in the spectrography unit,

although they appear to have worked separately. Gallagher Deposition, at

7, 35-37.

Just as there was no established procedure for deciding which

tests were to be performed

on a particular item of evidence, there was no

requirement that test results be expressed in a particular format, or

expressed at all if the results were insignificant. In most instances, the

examiner performing a test took notes during the testing. Cunningham

Deposition, at 11; Frazier Deposition, at 10; Gallagher Deposition, at 38.

However, all deponents testified to not having made notes on results they

deemed insignificant or insufficiently reliable. Cunningham, for example,

testified to his practice of making notes on

a weapon's operating condition

only if the weapon was not in normal working

order. Cunningham Deposition,

at 21. Gallagher explained the absence of

observation data in a neutron

activation analysis folder by suggesting that he might have skipped the

step of noting down the readings and done the tabulations in his head.

Gallagher Deposition, at 61-62. He indicated

later that he did not report

a thirty percent variation in primer residue data between shells because

he did not consider the variation significant. Id. at 114. Shaneyfelt

testified that he had not submitted a report on the four frames allegedly

spliced out

of the Zapruder film of the assassination because the film prínt

from which he had worked

was complete.

Shaneyfelt Deposition, at 21.

NW 54999 Dodid: 32989522 Page 504

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What an examiner did with test results likewise varied.

In many

instances, the examiner dictated

a report

the

tests

conducted, either

for use on its own or for incorporation in

a more

comprehensive report

prepared by the examiner's superior. Frazier Deposition, at 11; Gallagher

Deposition, At 38. Gallagher, however, indicated

that he occasionally

submitted

data directly to Special Agent Frazier who transmuted

the figures

into prose. • Gallagher Deposition, at 38. When the examiner himself pre-

pared the report, he did not always include in it all the results obtained,

as when the testing was done for "background purposes," Gallagher Deposi-

tion, at 57; when flaws in the testing itself cast the results in doubt,

see id. at 71, or when the results would

simply not be of value, in the

examiner's judgment. Cunningham Deposition, at 47. In some instances,

the examiner's failure to make a report is unexplained. See Cunningham

Deposition, at 33, 53; Gallagher Deposition,

at 73-74.

After the report was prepared, one copy went into FBI files,

another went to the "original contributor" of the item of evidence on which

the report was based (generally the FBI's Dallas field office), and a third

went to the examiner or examiners responsible, for them

to retain informally

with their notes of the tests. Cunningham Deposition, at 11-12, 17;

Frazier Deposition, at 12, 15; Gallagher Depositión;:; at 86-87. Whether

the Warren Commission received the actual reports, and how the reports the

Commission received were transmitted, varied widely. Former Special Agent

Frazier recalled the "mechana, s"

of

the

process as being, first, that the

laboratory forwarded the report to the Dallas field office; next, that the

Dallas office incorporated the report into its report to the Commission,

and finally, that the latter report was

transmitted to

the Commission.

Frazier Deposition, at 19-20. In practice, however,

there appears to have

been substantial, continuing and direct contact between laboratory personnel

and the Commission. Cunningham Deposition, at 49-50; Irazier Deposition,

at 20-21; Shaneyfelt Deposition, at 8. Frazier indicated that several

laboratory employees, whose identities he could not recall, served as

NW 54999

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## Page 506

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Ilaison between the laboratory and the Commission.

Frazier Deposition, at

20. Cunningham stated

that he "generated some correspondence" with the

Commission every day during the laboratory's participation in the investi-

gation. Cunningham Deposition, at 51.

Shaneyfelt indicated

that his reports

went to the Commission via his section chief, and that he testified to the

Commission, either live or by deposition, on all examinations he conducted.

Shaneyfelt Deposition, at 8-9. In his affidavit of May 13, 1965, John W.

Kilty, special agent assigned to the FBI laboratory in a supervisory capacity,

• stated that plaintiff had been told that all final FBI laboratory reports .

In the pertinent categories of testing had been furnished to the Commission.

However, there apparently was no monitoring system known to deponents to

log the transfer of final reports to the Commission, and no custodian within

the laboratory to collect final laboratory reports. Frazier Deposition,

at 68. It is clear, on the other hand, that not all examiners' observation

notes went to the Commission, the rule being that examiners retained their

notes; except when the supervisor prepared

a report directly from the notes.

Cunningham Deposition, at 47, 52-53; Frazier Deposition, at 15; see

Gallagher Deposition, at 73, 107. One instance of the latter occurred when

Frazier used Gallagher's worksheets to prepare a report on testing of a

bullet fragment; both the worksheets

and

the report went to the Commission,

though only Frazier appeared

before the Commission. Frazier Deposition,

at 42-44; Gallagher Deposition, at 82, 84. Finally, neither observation

notes, worksheets, nor final reports were distributed among units within

the laboratory, absent a specific reason. Cunningham Deposition, at 12-13;

Frazier Deposition, at 15, 18. Former Special Agent Gallagher testified

that even within the spectrographic unit one examiner's report on testing

would not necessarily, or even customarily, have been circulated

among the

other

examiners in the same unit. Gallagher Deposition, at 7-8. An

examiner who performed tests on a particular item of evidence thus might

be unaware whether other units within the laboratory had performed other

tests on the same item.

E.g. Cunningham Deposition, at 22-23; Gallagher

Deposition, at 6-7, 26; Shaneyfelt Deposition, at 16.

NW 54999

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Tests Performed on Assassination Evidence. The Court of Appeals

opinion remanding this case for further consideration and testimony adverts

to five areas

of

continuing factual dispute 1177 U.S. App. D.C. at 163-64,

543 F.2d

at 310-11]:

(1) Fingi reports

of spectrographic -analyses;

(2) Reports on neutron activation analyses of bullet fragments;

(3) Raw data of spectrographic and neutron activation analysis

tests;

(4) Neutron activation analysis of clothing; and

31

(5) Emissions spectroscopy data and reports.

Plaintiff's opposition to the motion for summary judgment identi-

fies nine specific areas of testing,

encompassed within the five areas

enumerated by the Court of Appeals, in which plaintiff asserts the evidence

shows tests should have been, or were, conducted, yet concerning which

plaintiff has received no mat-rials. These areas are:

(1) Neutron activation analysis of clothing, Opp., at 7-8;

(2) Neutron activation analysis

of windshield scrapings, Opp.,

at 8-9;

(3) Neutron activation analysis of 03, a bullet fragment dis-

covered beside the right front seat of the Presidential

limousine, Opp., at 9;

(4) Print-outs for neutron activation analysis of Q3 and other

specimens, Oppo, at 9;

(5) Testing of the live round found chambered in the

Mannlicher-Carcano rifle determined to have been the

murder weapon, and comparison of said live round with

shells found at the scene, Opp., at 9-10:;

The distinction between spectroscopic analysis and

spectrographic analysis was not observed in deposition

testimony and the pleadings. Hence, discussion of

spectrography herein should be deemed to encompass

spectroscopy where appropriate.

NW 54999

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Page 507

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(6) Spectrographic testing of the curbstone supposed to have

been struck by a bullet, a bullet fragment or fragments,

or other airborne debris during the moments of the

assassination, Opp., at 10;

(7) Testing of the bullet holes below the collar button of

the shirt President Kennedy was wearing when he was

shot, Opp., at 10;

(8) A "formal report" prepared by Frazier on the basis of

Gallagher's comparison of windshield scrapings with

other bullet matter, and alluded to in an exchange

between Commission counsel and Frazier during Frazier's

testimony before

the Commission, Opp., at 10-11; and

(9) Report on neutron activation testing, Opp.,

at 11.

As these differently organized catalogs of potential factual

Issues indicate, there are numerous ways of approaching

the factual aspects

of this case for the purpose of determining whether they engender issues

of sufficient magnitude to defeat the motion for summary judgment. What

follows is an amalgam or combination of the Court of Appeals' and plaintiff's

approaches, in that this discussion commences with general observations on

firearms testing, spectrography, and

neutron

activation analysis, with

particular emphasis on each technique's capabilities and limitations, and

proceeds to consideration of testing on specific items of evidence. It

should be stressed that the question throughout is not whether tests ought

to have been made, or

even whether tests that actually were made should have

culminated in the preparation of reports, but simply whether there is any

genuine issue as

to the existence of the reports and other materials

plaintiff Weisberg seeks.

4/

the subject of the allegedly extant report; the

reference will be construed hereafter as applying both

to the windshield residues discussed in the preceding

paragraph of the Opposition,

and to the body of

assassination evidence a

a whole.

NW 54999 DolId: 32989522 Page 508

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Firearms Identification. Special Agent Cunningham's work with

the firearms and toolmarks unit of the laboratory's Scientific Analysis

Section has included

the examination of firearms and bullets to determine

the source of

particular bullets. Cunningham testified that the process

commences with the marking, weighing, and identification of the slug as

to type and characteristics. Cunningham Deposition, at 18-19. The bullet

is examined

microscopically for rifling marks that might be useful for

purposes of

identifying the source of the bullet. Id. at 19-20. If a

weapon believed to be the source of the bullet is on hand, as was the

Mannlicher-Carcano rifle in

the Presidential assassination, it, too, is

examined. Id. at 20-22. The examiner then fires the weapon using ammunition

as similar as possible to the bullet under analysis. Id. at 25. The

"evidence bullet" and the test bullet then are viewed simultaneously under

a comparison microscope. Id. Any of three conclusions is possible:

identification, indicating that the bullet under study was fired from the

weapon in question, and no other; non-identification, indicating that the

general rifling characteristics of the two bullets vary to the degree suf-

ficient to exclude the weapon as the source of the bullet under analysis;

and "no conclusion," indicating

that the general characteristics are

similar, but that the individual markings are either different or lacking.

Id. at 26-27.

both

Spectrography. Former Special Agent Gallagher was a specialist in

spectrographic examination and neutron activation analysis. In

spectrographic analysis, samples are either sparked or burned; the results

show up on spectrographic plates from which the examiner derives composition

data. Gallagher Deposition, at 37-38. Spectrographic examination will

elicit information on

a range of elements, though specific readings in

multiple tests of the same item of evidence may vary as a consequence of

the technique's relative insensitivity, inherent testing error, and

compositional differences between different portions of the object under

analysis.

Id. at 41-42, 54, 58-60. Although less sensitive than neutron

NW 54999

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activation analysis, spectrographic testing appears

to have been much more

abundantly used in the

examination of

evidence,

apparently because of the

limitations inherent in neutron activation analysis.

Neutron Activation Analysis. In 1964, during the neutron acti-.

vation analysis conducted in connection with

the investigation into the

assassination

of President Kennedy, neutron

activation

analysis

was

rela

tively in an infant state, particularly so far

the equipment

was

con-

cerned.. Id. at 115. Even so, it was a far more sensitive technique for

measuring the presence

of certain elements in samples than spectrography:

it was about twice as

sensitive with respect to antimony, barium and other

elements present in items of the assassination evidence, and up to a

thousand times as sensitive with respect to other elements. Id. at 116.

Its limitations, however, precluded its use on many items of assassination

evidence, and vitiated the results of some

tests that were performed

on

items. Id. at 50-51, 92.

One such limitation was that only a handful of

elements were discernible through neutron activation analysis. Id. at 42.

Another was that certain elements, such as sodium and copper, showed up so

prominently in neutron activation analysis results

to obscure others.

Id. at 51, 74. Thus, items of

evidence composed largely of copper, such

as copper bullet jackets, were not subjected to neutron activation analysis.

Id. at 74-75, 97, 98-99. By the same token, however, lead does not show

up in neutron activation analysis. Id. at 109.

On behalf of the FBI laboratory, Gallagher conducted neutron

activation analysis on items of assassination evidence at the reactor at

Oak Ridge National Laboratory in Tennessee. Gallagher Deposition, at 64.

The paraffin lifts taken from Lee Harvey Oswald

were tested shortly after

the assassination, but other items were not tested at Oak Ridge until

May 1964. Id. at 63, 65. When plaintiff's counsel asked him to explain

the delay with respect to other items, Gallagher pointed out that the FBI's

access to the reactor was limited, and that the paraffin lifts were tested

NW 54999 Dogid: 32989522 Page 510

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## Page 511

-13-

early because they were

tested solely by neutron activitation analysis,

whereas

bullet

samples

could

be tested by spectrography as well. Id. at

65.

Two additional observations on both spectrographic examination

and neutron

activation analysis should be made in response to points raised

In plaintiff Weisberg's

affidavit. First, plaintiff asserts that none of

the reports he has been furnished alludes to microscopic examination,

which both Cunningham and Gallagher testified they frequently conducted.

Weisberg Affidavit, at 32; Cunningham Deposition, 18-19; Gallagher Depo-

sition, at 31. Gallagher's explanation

was that

microscopic examination,

at least within the FBI laboratory, is

so widely accepted as a preliminary

to spectrographic and other tests as not to be worth noting in a report.

Gallagher Deposition, at 107. That, in plaintiff's words, "there is not

a word in a single report" about microscopic examination is entirely

consistent with Gallagher's statement that FBI laboratory practice was to

omit reference to microscopic examination. The second point raised by

plaintiff is that the FBI laboratory reports contain "no statement of

positive proof in the

comparisons" of different items of evidence; "[t]here

is only the meaningless description of 'similar.'"

Weisberg Affidavit,

at 8. Here, too, the deposition testimony reveals the plaintiff to be

under a misapprehension, stemming from ignorance not of FBI laboratory

practice in this instance, b

of the inherent limitations of FBI examina-

tion techniques.

Even neutron

activation analysis,

a much more sophisticated

technique than spectrography, frequently will not enable bullet fragments,

for example, to be positively identified as having come from a particular

bullet. Cunningham Deposition, at 45-48; Gallagher Deposition, at 97-98.

Neither will it be possible in many

instances

to exclude a fragment

as having

come from a given bullet, as when compositional variances are not suffi-

ciently great to indicate different sources rather than fluctuations in

composition within the bullet. Gallagher Deposition, at 102-05.

NW 54999 Dooid: 32989522 Page 511

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CE # 399: The "Pristine Bullet." The Warren Commission con-

cluded that Commission Exhibit 399, one of the bullets fired at the

Presidential motorcade that day, had passed through the President's neck,

and struck successively Governor Connally's chest, wrist, and thigh,

ending its jäurney without

substantial visible damage to itself.

Plaintiff's counsel directed numerous questions to both Cunningham and

Frazier on how the slug could have inflicted

so much damage without itself

sustaining damage. Cunningham Deposition, at 34-37; Frazier Deposition,.

at 24-28, 31-33. Although plaintiff's line of questioning is, at best,

doubtfully relevant to the question whether plaintiff has received all

material on CE

399, plaintiff has devoted considerable discussion to the

physical state

of CE 399. Weisberg Affidavit, at 44-48. Cunningham was

asked

whether he would

expect a bullet alleged to have inflicted

the damage

attributed to CE 399 to emerge as unscathed as CE 399. Cunningham Deposi-

tion,. at 35. Cunningham pointed out that a relatively heavy bullet with a

slow muzzle velocity normally is less likely to fragment upon impact than

lighter, faster

slugs, and

that

the damage imputed to CE 399 and its out-

wardly pristine condition were not inconsistent. Id. at 36-37. Frazier,

who with Cunningham and one other had performed the ballistics tests on

assassination evidence, observed that CE 399 had flattened slightly during

its

journey and might have extruded a significant amount of lead, in the

form of fragments, from its base. Frazier Deposition, at 26-27, 32, 38-39.

The remainder of plaintiff's assertions regarding CE 399 concern

tests he claims ought to have been performed, such as

comparison of CE 399

with core fragments.

Weisberg Affidavit, at 15, 16. Gallagher indicated

that he indeed had made such comparisons, but that aside from the spectro-

graphic worksheets which formed the basis of Frazier's November 23, 1963

report, he prepared no reports on the comparison under spectrography or

neutron activation analysis.

Gallagher Deposition, at 26, 73-74.

Gallagher indicated also that a directive to preserve CE 399 "for posterity"

precluded his testing different portions of the bullet for composition,

NW 54999

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## Page 513

-15-

id. at 57, though he ran multiple tests on the samples he was permitted to

remove. Id. at 59-60. Apart from plaintiff's allegations, there is

nothing to

suggest that any comparative test reports, by spectrographic

and neutron activation techniques, were prepared other than those furnished

to plaintife!

That such tests should have been made is not relevant, even

if true.

The first report disseminated by the FBI laboratory took the form

•of a letter dated November 23, 1963, to Dallas Police Chief Jesse Curry.

Gallagher Exh. 5. Portions of this letter indicate that CE 399 [referred

to in the letter

as Q1] was fred from the Mannlicher-Carcano rifle, and

that the windshield

scrapings as well

as certain bullet fragments were

determined to be similar in composition to CE 399. Gallagher Exh. 5, at 2.

In the course of his testimony before the Commission, Frazier was questioned

about a "comparison made of the. lead residues

on the inside of the wird:-

shield with . . . the bullet fragments. . ."

Frazier indicated

he had

prepared "the formal report of the entire examination" based on the report

Gallagher had submitted. Plaintiff claims not to have received either the

"formal report" or the "report" prepared by Gallagher. Opposition, at 11.

The confusion as to the latter appears to have stemmed

from differences in

terminology: what Frazier called a report consisted of Gallagher's work-

sheets. Gallagher Deposition, at 84. As to the "formal report," plaintiff

argues that the November 23 letter could not possibly cover "the entire

examination" because much testing, particularly the neutron activation

analysis, did not transpire until months after the letter was written.

Opposition, at 1l. Frazier and Gallagher, on the other hand, indicate

that the November 23 letter was the "formal report" Frazier alluded to in

his Commission testimony. Frazier Deposition, at 41; Gallagher Deposition,

at 86. Here, too, the evidence is uniformly against plaintiff's assertion.

Frazier's reference to "the formal report of the entire examination" plainly

relates to the procedures about which he was just queried:

the comparison

NW 54999 DolId: 32989522 Page 513

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ПІТНЯТТЬ ТИТАНИ

-16-

of the windshield residues with CE 399 and bullet fragments.

Plaintiff's

assumption that the "formal report" covers the entire investigation rather

than one of the numerous

examinations which comprised the investigation is

wholly unwarranted.

There is no evidence to controvert Frazier's and

Gallagher's Statements that the November

23 letter was, in fact, the

"formal report" described by Frazier before the Commission.

Plaintiff also contends that neither

CE 399 nor any bullet

fragment was tested for human residue. Weisberg Affidavit, at 14. Because

this allegation does not concern the existence of unfurnished reports but

rather the appropriateness of such tests, such

contention need not be con

sidered except to note that the depositions yield no indication that such

testing ever occurred. Cunningham Deposition, at 22-23; Gallagher Depo-

sition, at 39, 48.

Plaintiff asserts he received no report on "the analysis of the

copper-jacket material." Weisberg Affidavit, at 15. Gallagher indicated

that laboratory practice was not to test copper jackets spectrographically

unless such testing would contribute to

the investigation. Gallagher

Deposition, at 13. Copper's tendency

to overshadow other

elements under

neutron activation analysis precluded testing of that kind. Id. at 74-75.

Nothing in the record indicates reports or other materials in this area

have not been furnished.

Q8: The Live Round. Plaintiff claims repeatedly not to have

received reports on Q8, the live round discovered in the chamber of the

Mannlicher-Carcano rifle. Opposition, at 10; Weisberg Affidavit, at 16,

57.

Gallagher was unaware whether the round had been tested, and indicated

that it probably should have been tested. Gallagher Deposition, at 43-46.

Defendant Department of Justice has indicated that Q8 was subjected to

"Firearms Identification" testing only. Defendant United States Department

of Justice's Answers to Plaintiff's First Set of Interrogatories, at 4.

Inexplicably, however, plaintiff directed questions about Q8 only to

NW 54999 DodId: 32989522 Page 514

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## Page 515

-17-

Gallagher, who was unfamiliar with testing in the firearms identification

category, and not to Frazier or Cunningham, both of whom conducted firearms

identification tests. Though what either of the latter might have said

about Q8 is open to speculation, the November 23, 1963 report to Chief

Curry descrites Q8 only

as being of the same manufacture as certain

cartridges found

on the scene in the school book depository building.

The

inference to be drawn, uncontroverted by any other evidence, is that Q8 was

subjected to visual scrutiny only by one of the ballistics examiners, and

thus that no reports or other material on Q8 remain to be furnished.

It

is worth noting parenthetically that the plaintiff does not indicate, and

the Court does not discern, what purpose additional testing of Q8 would

have served. In that respect, Gallagher's supposition--that no further

testing of Q8 was necessary because it

was

sufficient that

the live round

was of the same manufacture as the cartridges--seems eminently reasonable.

Gallagher Deposition, at 46-47, 68-69.

There is no evidence to

suggest

that reports or other materials on Q8 have not been supplied.

Testing of Clothing. Taken together, the Weisberg

affidavit

and plaintiff's Opposition to the motion for summary judgment reveal only

one point of dispute: whether a report exists comparing the two anterior

holes in CE 394, the shirt worn by President Kennedy on November 22, 1963.

Opposition, at

10; Weisberg Affidavit, at 24-25. As to the remaining tests

performed on items of clothing (the President's, Governor Connally's, and

Oswald's), the record indicates that spectrographic testing only was per-

formed

on these items, and t

it neutron activation analysis was not performed

because

laboratory personnel did not deem it an appropriate

technique for

those items. Defendant United

States Department of Justice's Answers to

Plaintiff's First Set of Interrogatories, at 12-13; Gallagher Deposition,

at 50-52. The worksheets reflecting examination of both the President's

and Governor Connally's clothing have'been provided to plaintiff, together

with the FBI's reports, internal and external, on the examinations. E.g:

NW 54999 DocId: 32989522 Page

515

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## Page 516

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-18-

Letter from J. Edgar Hoover

to J. Lee Rankin (March 23, 1964); Memorandum

From R. H. Jevons to Mr. Conrad (April 15, 1964).

The sole basis for plaintiff's assertion that an extant report on

the comparison of CE 394 holes remains to be furnished is that former

Special Agent Frazier

testified in the course

of his deposition that he

had asked

another

examiner to determine, by buttoning

the shirt, whether

the two anterior holes overlap. Frazier Deposition, at 60-62. Initially,

Frazier could not recall whether he himself had conducted that aspect of the

examination of the shirt, id. at 61, and he

subsequently indicated that

another examiner, whom he thought was Paul M. Stombaugh, had made the

examination, and prepared a report on his conclusions. Id. at 62. Frazier

assumed that the Commission had obtained a copy of the report in the course

of taking Stombaugh's testimony. Id. There is no indication outside

Frazier's deposition testimony that Stombaugh, or any examiner other

than

Frazier, prepared such a report. CE 394 was discussed only twice in the

course of the Commission hearings, by Cmdr. James J. Humes, a pathologist

at the Naval Medical Center who testified on the autopsy conducted on the

5/

body of the President,

and by Frazier himself. Frazier stated

first that

he himself had

conducted the examination of the President's shirt.

V Hearings Before the President's Comm'n on the Assassination of President

Kennedy 60 (1964). He stated that "on the front of the shirt, I found what

amounts to one hole. Actually, it is a hole through both the button line

of the shirt and the buttonhole line which overlap down the front of the

shirt when it is buttoned." Id. Frazier's testimony before the Commission

compels the conclusion that he was mistaken in attributing responsibility

for the examination of the two anterior holes to another examiner. One

5/ Commander Humes indicated that "with the shirt buttoned, the

Ily front of the shirt causes two layers oi cloth to be

present in this location, and that Isic, there is a defect

in the inner layer of cloth and a corresponding defect in

the outer layer of the cloth."

II Hearings Before the

President's Comm'n on the Assassination of President

Kennedy 365 (1964).

He said also that "the defects in 393

[the President's suitcoat] and 394 [the shirt] coincide

virtually exactly with one another."

Id. at 366.

NW 54999

Do#Id: 32989522 Page

516

---

## Page 517

-19-

explanation for his error, aside from the lapse of more than thirteen

years

since the examination in question, is that Special Agent Stombaugh

indeed examined the fibers of a shirt linked with the assassination, and

testified before the Commission on the results of his examination; the

shirt in question, however, was CE 150, that worn by Lee Harvey Oswald at

the point he was captured

by police. IV Hearings, supra, at 74-75.

There being no genuine question as to the existence of the report alluded

to by Frazier in his deposition, this point, too, must be resolved against

the plaintiff.

Neutron Activation Testing of Fragments and Residue. Plaintiff

claims not to have received extant reports

on the neutron activation

analysis of Q3, a fragment recovered from beside the right front seat of

the Presidential limousine, and Q15, residues

obtained by scraping the

Inside of the limousine's windshield. Opposition, at

8-9; Weisberg

Affidavit, at 13. The Department of Justice answers to plaintiff's inter-

rogatories indicated that neither Q3 nor Q15 was subjected to neutron

activation analysis.

Defendant United States Department of Justice's

Answers to Plaintiff's First Set of Interrogatories, at 12, 13. When

former Special Agent Gallagher was queried about 03, he initially could not

recall testing it, but later, on his own initiative, he remembered sub-

jecting the item to neutron activation analysis and emerging with no

significant result.

Gallagher Deposition, at 74-75, 90-92. The lack of

results for Q3, a fragment consisting chiefly of copper jacket, is con-

sistent with Gallagher's previous statement that copper is normally not

susceptible to neutron activation analysis. Id. at 74. As to Q15, the

windshield scraping, Gallagher stated, after initial inability to recall,

that neutron activation analysis had, just as with Q3, not resulted in any

significant finding, chiefly because the Q15 sample was inadequate. Id.

at 71. In each case, Gallagher had left his worksheets virtually blank,

accounting for the Department's assumption

in its answers to

plaintiff's

interrogatories that no

neutron activation analysis

on these items had been

NW 54999 DodId: 32989522

Page 517

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## Page 518

-20-

conducted. The record indicates conclusively that, despite its denial

that such

testing had occurred, the Government has unwittingly supplied

the plaintiff with

the very worksheets

to indicate that

such

testing

; did

occur, albeit unsuccessfully. As to the printouts from the

testing,

Gallagher indicated that the data on the

printouts was duplicative of that

on the worksheets,

and hence that the printouts

themselves might not have

• been kept. Gallagher Deposition, at 92, 117. The deposition testimony

on the neutron activation analysis conducted

on fragments does not indi-

cate that tests were conducted for which materials have not been furnished.

Dealey Plaza Curbstone. Plaintiff claims that he was not supplied

with materials relating to testing performed on a curbstone removed in 1964

from near the site of the assassination. Opposition, at 10; Weisberg

Affidavit, at 10, 36-42.

According to bystanders at the assassination,

there were indications that a bullet or bullet fragment had struck the

curbstone during

the moments

of firing at the Presidential limousine.

On

July 7, 1964, the Warren Commission requested an examination of the curb-

stone, and early in August Special Agent Lyndal Shaneyfelt was dispatched

to Dallas to retrieve it.

The result of his analysis

of the "smear" he

discovered on the curbstone was

that the foreign

substances thereon "could

be bullet metal." Shaneyfelt Exh. 2. The tests conducted on the curbstone

were microscopic and spectrographic only; no neutron activation analysis

was conducted. Gallagher Deposition, at 69-70. The decision not to subject

It might be noted that plaintiff's allegations regarding

the curbstone extend far beyond testing materials

supposedly not furnished pursuant to his FOIA requests.

His submissions include the

affidavit of James T. Tague,

the assassination apparently struck by un-

identified debris associated, Tague contends, with the

mark on the curbstone.

Tague Affidavit, at 7. Much of

the affidavits of both plaintiff Weisberg and

Mr. Tague

are directed toward establishing that the mark on the

curbstone underwent drastic alteration, from a chip in

1963 to a smear in mid-1964, when the FBI recovered the

curbstone.

It is not clear from plaintiff's affidavit

whether he is

asserting that the FBI removed the wrong

curbstone, or that the curbstone is the same, with only

the mark different. Compare Weisberg Affidavit 4 185

with id. " 194.

In any case, none of the allegations on

these points needs be considered in the context of

plaintiff's FOIA requests, and the extent of Government

Nw 54999 DodId: 32989322Liangs LIstewith.

---

## Page 519

-21-

the mark to neutron activation analysis explains the disparity between the

two elements isolated in the "smear" and the nine isolated from bullet core

fragments, and

accounts also for the laboratory's reluctance to attribute

the mark to a bullet. See Weisberg Affidavit, l 33, at 10; Frazier Deposi-

tion, at 48; Shaneyfelt Exh. 2. As to microscopic examination, Frazier

testified on deposition that he had scrutinized the curbstone mark under

a microscope, and Shaneyfelt indicated that he might have done so in the

course of conducting other tests on the mark. Frazier Deposition, at 51;

Shaneyfelt Deposition, at 14. Frazier incorporated the results of his

microscopic examination of the curbstone into a draft of a letter eventually

sent August 12, 1964, by J. Edgar Hoover

to Commission counsel Rankin. The .

spectrographic examination of the curbstone was conducted by Special Agent

William R. Heilman, now retired. Memorandum from M. J. Stack, Jr. to Mr.

Cochran (June 20, 1975). The spectrographic plate which reflects the

single run to which Heilman subjected

the curbstone has not been furnished

to the plaintiff; Heilman believes it

was discarded in the course of one

of the laboratory's periodic housecleanings. Id. Shaneyfelt testified

to not having seen any other reports on

the curbstone besides those shown

to him in the course of his deposition.

Shaneyfelt Deposition, at 15.

Taken together, these aspects of the record indicate uniformly that all

available material on testing of the curbstone has been furnished to

plaintiff.

CONCLUSION

The foregoing analysis of the record has disposed of every con-

tention and claim the Court has been able to elicit from plaintiff's various

submissions. In many instances, there is direct testimony that a particular

test was not performed; in others, testimony as to

particular laboratory

practices compels the conclusion that the test was not performed. For all

its detail, the preceding analysis does not pretend to treat such aspects of

plaintiff's argument as the alleged destruction of assassination evidence

and falsification of test results. Neither topic is pertinent. The

analysis likewise has not dealt extensively with plaintiff's allegations

MW 54999 DobId: 32989522 Page 519

---

## Page 520

-22-

and suggestions, sounding of conspiracy, that reports and materials have been

stolen or deliberately mislaid, and that Government witnesses have lied under

oath;

apart from these allegations, there is not an iota of evidence to

support either assertion.

A FOIA action demonstrably lacking in genuine issues of material

fact is appropriately resolved by summary judgment. See Nolen v. Rumsfeld,

535 F.2d 890, 891 (5th Cir. 1976), cert. denied, 429 U.S. 1104 (1977). This

action lacks

such issues. Although plaintiff has impugned defendants'

affidavits on the ground that they do not specify the files searched in

compliance with plaintiff's request, Opposition, at 12, the Government's

response to

a FOIA request need not be as specific as plaintiff would require,

it being sufficient that the affiant has personal knowledge that all files

which might contain requested material have been searched. Exxon Corp. v.

FTC, 384 F. Supp. 755, 759-61 (D.D.C. 1974), remanded without opinion, 527

F.2d 1386 (D.C. Cir. 1976).

As in Nolen, supra, "[the Government has, in candor and good faith

before this Court, stated that all the records available have been made

available to the plaintiff." 535 F.2d at 891. If plaintiff has any further

recourse, it is not under FOIA. See id. Accordingly, defendants' motion

for summary judgment must be granted.

An Order consistent with the foregoing has been entered this

4

day of October, 1977.

V.X. Tric

John H. Pratt

Inited States District Judge

41 01 329895°

Page

520

---

## Page 521

42,2:m65.

UNITED STATES

STER MENT

MIcniorandum

DEPARTMENT OF JUSTICE

TO

:Mi. J. Edgar Hoover

Dirictor, F.E.I.

DATE: MaY

FROM : Richard G. Kleindienst

Deputy Attorney Geueral

LAK

Этит 27

SUBJECT:

Harold Weisberg: Requests for Information under,

Freedom of Information Act

Attached hereto are two letters dated May 16,

1970 from Mr. Harold Weisberg in which he explains

his requests for certain information relating to the

assassilation of former President Kennedy.®

Also

attached are five Forms DJ-118 which specifically

identify the materials he is seeking in each case.

MIr.

f-gars.

Telc. Room.

Miss Hirimes.

Miss Grady.

Would you please have these requests reviewed

and advise me with respect to their disposition.

2 ENCLOSURI

5-97692

REG ZS

100-351838-17

=6-10

SMITE 1970 -

JUN INCID

NN 54999

DoOId: 32989522

Page 521

EXP. PROC

LANIC COPY FILED IN

49=10206=

MAX 221970 - L

---

## Page 522

La nä Harold Weisberg

Coq d'Or Press ROUTE 8, FREDERICK, MD. 21701

Code 301/473-8186

5/20/90

"Dopury luberncy Ceaersl

Degartea: oä Justice

Esstangoos, D.J.

Your Dipontuant ass engasod in & systomatic efort to Titlute Has

cleos intent of congress ena the li on "preceon of Eascaction toun poin

biot inuirios roperty modo are iconii. Seching of you vuot is my rigitona

your odia tion ie ruspesa do Las bosa convertes into a futility. aves a sizaze

nosei. oreover, nuca i asces don codes do deur instruction duo alys sgocc

iO difesont ortices di yous Deperiaore,

not onlo nasd ret givan lay, bure

To proget 021ee tuel svin declince to

teso inatruccione do moo I curo, in tuo past, accresced e 2206% 3= zeracate to

the ato aney Gonurol, me aos, ca tou one ocession, doce response.

of your calice inct mai dy recuesos

more sejected, us i onticioetes sucy roule

be, ta rocord innicatin. tus is autontic tuon not icnorec, i be 1r. tae

n0=0 si tue ittorney tencrel so suot

tuo orgonized mi Cuunisa Son acro31

Touls not be out into pluy sain. In every cosex,

thic tos tch bean condo I

hove turee times dardssed unnesla arou docisione do ins curerey Cineal caly

•to dove tuon cheo ignored. I legarà tia rucora sond in mica Jour Dezarneat

ors effestively durrenderad ny risuts to insist unon compliches suna tume

rules you employ oul, to irustrate ay pe0per requeste ene, interrat at

b.cores necescory, in arenered to test tris in court.

rayi, curt nolang cospense, eliminate de accection cau iclsensod iros aren-ia.

cosi, recognize int Congreos puesess luvs and Prasi ents sign ie. so u-t:

moy mill de obeyea, nost of ull by tart Dapartnt in laos: core tre suadiat

ani integrity où duo low is vasted. 0s,

houriau so muon obout mist lü coils "lön ona order", Jile carrity,

= sugcit tast

süould beginüt Bout.

Terevita I sacioso turo: completod D-llE forms, In ecco: cese

ture: coses my most jecunt requests dot. boin node son. time ago. In tot one

of tion es thoro boon responso.

Ino ca thom are concnicucusly alegeant, cau= cingle 1 Cu 20=

explen tion. dy Mast roouest loi teococtroga chic:a lycio af ti bat

Iraginis ni cullet: nè ebjocis suia to turi ben truck by ciraer un ti

Preatdent me essezuin ted cui Goramo Dona 21y Indured is suted 1:oy 1950.

maore ios latin deen response to 1t or 1to subsoqueno robotition. Eau risceu

ronusat fou ula duro publlo, con-seerst Inconcetion do o deücracy Greeet

.....

(..l..n—..

---

## Page 523

it size

NW 54999

record does

:..

it wil:

2=D85

voiu.deas

committed with nd LanCid

occuse duent. goua best coatirery caroats,

In me not

= ca.oucuict

sciose

rogura to tas apoctocerichie crilyiis,

12 you cat not enore ra

not wren

ving toon lucyour present rosition,

= 112:100.0.002.

1: drea unt agres in bus most rinute

bernadttion put upon

1t by the Terron Enmission, doip asport 1e e

diction.

It red, da nogs =

not caplain,

"considered by! tuos Connicsion.

tao crocutave

cocor ne tue Ettorney General of octop0:

corcover,

it ass,

preetizuld purioses, mude public

nuclichoi in

21226222 -0-2,

2020e5-1y,

by to cocasuios dost recentlo, buda voo dore du somer Dalles Cades sa colice

incinges, lu person, duo day this execurive order tos negested in er pross,

preseace u representetive of yaur Deportant told the Motion a crocite = 1t

isù ben ironeferred tore pursuent to dais cráci.

tain ve caecked the die

caten, un lound to mos bute pozorarose. do tus bast at my inovleage,

bean no zesponse to tre sonori asce to

¡im tout this nos ast the crolusie itsele.

Iuls analysis involves no secret processes, no infomats rose identitics teed

be alice, no acconations of tue incocent,

and toes not in cay toy 2:11 ter

the rigat to ritanole embodied in any of due quiczines son nitcaolai.g.

Your Depermont, throug. r. Viasos, told no tai verious docur cis

reisting to Devic versie vere boino rorianei vith tie intont of secing antüer

they would do nodo stuiloble. & never nuura Bunther. from in. Tae istion: 1

Arcaives told no 1t us no knorledge of any sued revier. Obviousin, 1i is impossible

1oo me to provide you muti on ldcntidication of esci uni evory sues suppraused

iccurent, sue to tin degree I can, in is ilrecdo in your diles. In fuirrosa to

Jou, Ion I do nou seei soundel but Ião sees infoonation i delacre is popcaly

mine, I nunt you to kion tiet a have acuu of must is scid.to be viiinalá ca: it

cantoù possibly de vitchela properly. Ls I anve alacady emploined, lict migue

toni to roflect upon tue innocent use dready beor sode public, rotar excessivaly

oy tue zen involved and by visi, sitorney, in a coos sna lis seii liz-tion. Jerzie

alceli do ucea, ros uncaried, and di: serul tastes are bublic knowleuge in e

veristy.of roys; inclucing but. not linited to publis reporting of crinimi in ages

egiast hin 1o: tuen ond 1r ris contesting of tuese cusages ond his subseuent

loss of employment baesuse of them.

With ragerd to tao naotogrugh identified as 33I Sahibit 60, requested

In my lotter of Anil 22, 1970, ediressed is tie attorroy Ginoral, I provile tris

intornation and request:

I'ale is a picture of Preslunt "enscay's caint. Dus suist lisela is

•vitubeld fron enmination uru atudy caâ day turing od richuca ricaurca 10 1u provented

on uns secringly proper ground tub noither toc Cavo-oneat nor die catase veat

any undignifioû or seasotional use aû it. a auto explered tuis toroughly with

te ristional ircres van due reprosentutive oi und usucte, verbally asi 1n

extensiva corrosiondouco. .douevor, tuezo is no ua0 to mulea due availdos máctures

can de but tust 1s of any oiner rutura, ica indy siow trining iut lis biood. Fais

1s :0t shut à vant

to study or, perhope, to suoi lny cales urpose ie studyi.

DocId: 32989522 Page 523

---

## Page 524

13

Patota

Cord' 15

50.

Incrives

20

.o.Vir, 5010000 16 1015 Departa d

:23.

sozinuo chuco or do usturo tit là cin se

zasteca re o

Ita tii sereon built-in

cruci tra

mais

120se

is

60 15

1ç=

but

tini,

"ny onicarerint

ino.

=etricted

boliot

is miloged to

Busaca.

io

20:,

weslly,

runt tre exiro picture, ced

prezes

largest

clear ericagomont you cin covo icao o2 just tuls

sul

=.

1uus sanolo io do is obrious.

entizoly restrictod

0 0

aiudy of tre demago to to mini by tir aloc-à culiet.

I roul i much proger ind cadoggonont ca

taia vory sacil cros orbi siart,

soule chindnato oll duo cora, to o excudora aulo cloasy print of dno etcicis

ausollo da vou cil: dos do mis, do a Logo vou will, terü mile decept tae

clearest possiclo motograga of tue original rocotive co 20I aruitir C0.mever,

ces-aso i mn consident the Dependurat woula prefer nn sucgestion tast it is viti-

Lolzin eviconca rolutin; to tus murder os o arcsident, a do loge you 111

proviào ne mitù tue enlorgenent insteca, sconias only tuc demoge. It mill be

obricas, i sone, oci

originui nog vive cuct is camotelo acesible, even 1f I tere Interdiry do rubliss

1t, Wicci I om not.

Tas los, es you mon better tun I, ingoses do burden upon se to noze

eny exalunation of was: I seci undes it. I none you will unierstend tuta deve

toiron this time, cone to tuis trouble, ins sincore citort to but you in a posi-

tion to urccrct.nd tact my purposes io cerious,-cacherly, proger sud citizely

Vituin the jatent o2 congres dna covcacu du tuo lou f oeu Hill reclece sute

moment, perucos you will ciso unicrsuns tunt, sù posuiclo cost io myself, Ii va

to put you in s josition to, cave yourscli anü tie Depertmui ecosrzsesment

¡¡ you do as you nave in tio pust.

On tuo octor Lond, I will no longos necopt the stunderd Departarntal

whipping Eron nillor to post. Ons ca tieso requests to mica your Depentain das

niver responded it loir meare old. Tus recuost encolied in my Civil Actios 718-70

vas a vosr olà si the time you sccefued to tis perfectly propor recuest out only

eitor i filed tue oction urù you coula no longer acloy t2iol. I2 I i:ve 20t =crā

fron you withir tu reeks tut you will comply with tiese roruesis, cr 1a I cet o

rejoction in ory namo oinc taon tut os da attorney toneral, I mill jacceco

vith furtaor civil octions. I nula much preter to avold tris. Most incor 1v,

I lione joü nouli i1co.

Sincaroly,

saistesh

Assola reiscarg

NW 54999 DocId: 32989522 Page 524

---

## Page 525

CoQ. L'Or. PAiSS

ROUTE S

FErDINCK,

MD. F'701

PHONE 301 473-5250

PAY TOMIL

65-26

-19-:

DOLLARS

FARMERS AND MECHANES MATIONA BANK

FREDERICK MARZAND

1:05210026

Que Deucht

NW 54909 Doofd: 32089522,

Page 525.

---

## Page 526

(Ed, 704-67

!. S. DEPARTHENT OF JUSTICE

WASHINGTON, D. C. 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552{a) and 28 CFR PART 16

See instructions for payment and delivery of this form at bottom of page

ANDRESS (soreer,.

NAME OF REQUESTER

miroli mistera

DATE 5/13/70

DO YOU WISH TO RECEIVE COPIES? E YES NO

NUMBER OF COPIES

OF FICE AND CITY WHERE RECORD

REQUESTED

IS LOCATED (il known)

SE YES, 'SO INDICATE (no more thon 10 copies of ony

document will be furnished).

REGiERECE, 3.C.

DESCRIPTION OF RECORD REQUESTED (include any information which may be helpful in locating record)

Spectrographic orelysis of bullet, raments

ni sullet ad pier obiects,

Inclusino sormonos ani port of vacicle raú curbstone seiù to sove bson strick

cu cullet malor fregnests auring assassinution of precident arredy and nounding

01 Governor Connally. Ses my lezter of 5/20/70

•ITIGATION:

DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

YES

NO

FILL IN IF

COURT (check one)| DISTRICT

NAME. OF CASE .

DOCKET NUMBER

IN PENDING →

L/'FEDERAL

-ITIGATION

LUSTATE

There la zo prospective litigation li requagt is complied riti

Hales

FOR USE BY DEPARTMENT OF JUSTICE ONLY

SIGNATURE

A MINIMUM FEE OF $3.00 MUST ACCOMPANY THIS REQUEST.

1IS REQUEST IS:

OTHER CHARGES ARE AS FOLLOWS. (do not write in this box

J GRANTED

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

I DENIER

] REFERRED

COPIES OF DOCUMENTS:

50¢ FIRST PAGE, 25÷ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

'THE DEPARTMENT $ 3.00 EACH

• GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasurer of the United States. Postage stamps will not be accepted.

---

## Page 527

A Dialle

:=-

...

IT Entrice

-*==

REGLEST FOR ROGERSEERROGated

UNDER 50.5.0. SERE ONE CE OFF FART iN

SE OF REQUESTEE

in=

Sao instructions fo neumont and deliverse the jetticon direma

MITRESS Is 00 E

cisiero

see fearing er morea

8/10/50

YOU WISH TO RECEIVE COPIES? EYES ONO

YES, SO INDICATE (no more than 10 copies of ony

NUMEER OF COPIES

REQUESTED

Escu

/OFFICE AND CITY WHERE RECORD

IS LOCATED (i knowr)

посній"

sment will be furnished).

SCRIPTION OF RECORD REQUESTED (include ony information which moy be helpful in locoting record)

purerus relating io te late savia .. Jerrie o= ren Dileens mithucla from tae

arzen Conleine ara/or tue Dotional Arendtes, docuscate ituacle by tue devion l

realtes oy pruer o= Depertment di Justice, See my letter 02 5/16/70. 1 I1st of =11

uct documents ari resson(s) for mitraoldinz each is recuested.

IGATION: •DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

-L IN IF

PENDING $

TIGATION

tere is.no

COURT (check one) | DISTRICT

NAME OF CASE

FEDERAL

_STATE

prospective litige ion 11 request is congiled cit

YES

_NO

DOCKET NUMBER

FOR USE BY DEPARTMENT OF JUSTICE ONLY

IS REQUEST IS:

Harial,

SIGNATURE

A MINIMUM FEE OF $3.0U MUST ACCOMPANY THIS REQUEST.

OTHER CHARGES ARE AS FOLLOWS. (do not write in this box)

GRANTED

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

DENIED

REFERRED

COPIES OF DOCUMENTS:

50¢ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasures of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28C. F. R. 16.2 or mailed to:

office of the Deputy 4595y General Bepartment of Justice, Washington, D. C. 20530

---

## Page 528

Form DJo

(E6.7-64-87

S. DEPARTENT OF JUSTICE

WASHINGTON, D. C. 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552, a) ans 28 CFR PART 16

See instructions for payment and delivery of this form at bottom of page

NAME OF REQUESTER

ADDRESS (strees, city, state and zip code)

•n-la tristarg

¿radariek, ine &17C1

PATE

5/15/70

DO YOU WISH TO RECEIVE COPIES ? EYES NO

NUMBER OF COPIES

REQUESTED

OF FICE AND CITY WHERE RECORD

IS LOCATED (if known)

IF YES, SO INDICATE (no more than 10 copies of any

Jocument will be furnished).

:==a2=0505, D.C.

DESCRIPTION OF RECORD REQUESTED (include any information which may be helpful in locating record)

Enlarged buotorrena ci pert of It Exaibit so (Terren Comiasion mutezisl)

es described in my enclose: dater of 5,1u/70) preforrea, er, 18 tuis carot

be done and only 11 1t cornot, one 3,10 glossy protoga rtic print of F9I

Exhibit, reichever 1s provides being nada from original negative.

_ITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

FILL IN IF

IN PENDING-

LITIGATION

COURT (check one) DISTRICT

NAME OF CASE

L FEDERAL

_STATE

Inard is to prospectiva litigation if raquest is concued viu

YES LINO

DOCKET NUMBER

SIGNATURE

FOR USE BY DEPARTMENT OF JUSTIGE ONLY

THIS REQUEST IS:

GRANTED

DENIED

REFERRED

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

•COPIES OF DOCUMENTS:

50¢ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

•THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

-

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasurer.of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28 C. F. R. 16.2 or mailed to:

Nw 3490g of the Reputy Altoney Gengtal, Repartment of Justice, Washington, D. C. 20530

---

## Page 529

Ly an& Harold Weisberg

Coq d'Or PreSS ROUTE 8, FREDERICK, MD. 27701

Cade3011 473-8186

5/18/70

"I Fiencad -Zeindierst

Deputy ittorney Cineral

U.= Deport ant of Justice

castington, D.C.

Ditr zi. ileindienst;

•I am separating tis part o my today's lectors to you for your

convenienis because i relutce to ino acquesüs taure not esclica sude di jou.

Menouge sour segulations do Lot require ie filing of = I_llS com its

suci requests 05 te inclusion of a 5.00 lee miti saca,

I presume you toula

pruier to recuira iù saù preter to conciscate the leas, so I enclosa bois =or

Eace request.

In tie hobe It till tele you, because you did not at the time

concorned nith these requests save your prasent responsibilities, i meie

those arolenations.

Ine tro I'DI agirts prasont st tic President's autcosy tere given

"e mistlo" renoved fron tue corpse. Thile for jour years tia eristance o ris

receipt lue beia denica, I not istes copy dai lor your contonience i enciose

nerarita a copy of tiet copy.

Pia lational irelives soys it is unible to idortily tais single,

reccinted "mistle" in tha records si tre Toren Conciscion. Dieze is an aribit

of multiale tiny frogments, ic: con miraly be descuibst "s lig missle", espeo-

• jolly vuen ino woll-knon 3BI curo tini luci, detail unà evidenco 1= consicered.

by consideritions o clority, inciuding wastever measurements, tirülags, dists,

enalysee, evalu: tions or eny othes scientizic or modico-legel appreisols,

opinions anã/ or facts tiere any be.

Secondly, there teze cortain cutopsy photograrns toen. Dusse vere

delivered exposed but undevelored in to Secret Service. If I cia give you 20

casin i boccession o2 them sri I con isguro you tue rationil arciives ras

¡riten me tust to lis mouledge tiere is to revoriod cinin of poscession, I

do presume to Depertiont is it, Iao Sacict Sorvice us written me tis 1t

jos so records of iis processing,

etce, ci diesa paotographs aidno exclonation

ls= tro loch tud sone ara exposeù und suoi no lesce. Ly roul-st 1a for tis

1 forintion, in cucin af possessich, in: records inu since Incoraction ebout

processine, tul exclunationg onu, li tere dece any, ta Invuctications to Liver-

100-351228-104

• In connection :'in tizose roquests, I remind you of tint of rica

may noù be scre,

tail there ras a special relotionshi, botroon tue EI azi tre

---

## Page 530

to iran.

tuon. cuie aorâ not trino lüy k. luy tü

os 1. tire to mo tuir roex.

quero ano ecatola incerti ne comica incomod jou di y corciur

I ilieve uo debuttmnt'e cuilare to cosue du dus on tagulitiona cercoi i

celd jins. me in tu lis iciluse to abiio oy ita ragalutions foracita lis

riguis, undon tis lon, to insisi lini ouerc arnoly wit tum, in tnese aress

of Espertmental non-coagliance.

Logothai mitü tao Di-118 Sonne, I enciose idronita tro iseces, ore

Is tue anoni of 19.00, dus other in due smount os $5.00.

Sincerely,.

Hackelest

.:.

NW 54999

DocId: 32989522

Page

530

---

## Page 531

' time. .

Mort iril

rones to presar, Agent Fe

20:

wir

NW 54999 / DocId: 32989522

Page 531

---

## Page 532

Coo. For Paris

ROUTI S

Itiinha s

Nora.

228--

anes

FREDERICANTE

"x'Trante

_DOLLARS

FREDERICK KAPLIND

8052100251

Ficcio beise

NW 54999° DocId: 32989522•-

=1

Page 532

---

## Page 533

form Ds rig"

1061894001)

U. S. DEPARTMENT OF JUSTICE

HASHINGTON, D.C. 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C. 552 a) and 28 CFR PART 16

NAME OF REQUESTER

See instructions for payment aré delivery of this form al bottom of page

ADDRESS (sireei,

1t. E,

..=.

DATE 3/15/70

DO YOU WISH TO RECEIVE COPIES? 3 YES

I NO

IF YES, SO INDICATE (no more than 10 copies of any

NUMBER OF COPIES

REQUESTED

FUCL

OFFICE AND CITY WHERE RECORD

document will be furnished).

DESCRIPTION OF RECORD REQUESTED (include any information which may be helpful in locating record)

Recaras zeloving to "muele" reousa from corpse ra Fresirent Fennedy es

describes In enclosed lettar dated 5/15/70 sud sttocued TRI receipt oI

"e missle"; Inclusin" pbotograpa, also described ir said latter.

LITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

FILL IN IF

IN PENDING

LITIGATION

COURT (check one) DISTRICT

NAME OF CASE

FEDERAL

USTATE

JYES LINO

DOCKET NUMBER

FOR USE BY DEPARTMENT OF JUSTICE ONLY

THIS REQUEST IS:

GRANTED

DENIED

• REFERRED

Haisell

SIGNATURE

A MINIMUM FEE OF 53.00 MUST ACCOMPANY THIS REQUEST

OTHER CHARGES ARE AS FOLLOWS, (do not write in this box)

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

COPIES OF DOCUMENTS:

• 50$ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasurer of the United States. Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28 C. F. R. 16.2 or mailed to:

Office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

NW 54999

DocId: 32989522

Page 533

---

## Page 534

==

U. S.

•DEPARTHENT OF JUSTIC

WASHINGTON, D. C. 20530

set

PEQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 U.S.C, 5521 a) and 28 CFR PART 16

AARE CE FIGURUTER

-....

See instructions for payment and delivery of this form at bottom of page

ADDRESS (street, ciry, stote and zip code)

it &, -Taitrica, u. i1701

DATE

5/2-170

DO YOU WISH TO RECEIVE COPIES? EYES NO

IF YES, SO INDICATE (no more than 10 copies of any

NUMBER OF COPIES

REQUESTED

S:CL

document will be furnished).

DESCRIPTION DE RECORD REQUESTED (include any information which moy_ be helpful i_locating.Lecord).

OFFICE AND CITY WHERE RECORD

IS LOCATED (it known)

ashington,

2.0.

Ini-ristion sel ting to tue autopsy pictures ca Erosiient

Tensedy, "eir

procestin

cinin of mariani possession, sue., es described in enclosed letter

isted 5/15/70

LITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION?

COURT (check one) DISTRICT

NAME OF CASE

FILL IN IF

IN PENDING→

LITIGATION

_STATE

Tuere is so prospective litizution 11 raquest le complied

DOCKET NUMBER

FOR USE BY DEPARTMENT OF JUSTICE ONLY

SIGNATURE

A MINIMUN, FEE OF $3.00 MUST ACCOMPANY THISREQUEST.

OTHER CHARGES ARE AS FOLLOWS. {do not write in this box

THIS REQUEST IS:

D

GRANTED

D

DENIED

REFERRED

• FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD $ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL $ 1.00

COPIES OF DOCUMENTS:

504 FIRST PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasurer of the United States. Postage stamps will not be accepted:

This form may be delivered to any of the offices listed in 28C. F. R. 16.2 or mailed to:

Office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

NW 54999 DocId: 32989522 Page 534

---

## Page 535

---

DEputy AttcIney Gereral

• 1970 frost.

Litached is a letter dated June 19, 1970 frozY.

photograph and argues concerning the content of my

June 12 letter to hir (copy also attached).

would you please review this letter and give

me your comments concerning his request and the

¡arguments contained therein.

-125

: 2-8:

1.:2=

EX-116

0161 77

11

1.24 Dopey A Gert.

REC 8106-351937-18

E 'JUL IO 1970 .

--....

NW, 54999 Docid:32989522) Page

535

=..

П-

ÜNIN

---

## Page 536

===

iin':..

COCOTT TESS ROUTE&, FILEDERICK MD. 21707

=.=

End Diners Ez to the gotarament enà test 1t is due jdad oâ taize Inat bresis

This reminds ne pê tia first (ani, trpically, wIsssuezaa) letter I

mrate it. lionell aster your siniaistration tool diace, In lit sascested

tat i? the besic errors mere committed on the operetize level, ten de sinis

closest sarisors moula be getting the sene misinionation iron the same people.

It say even be dela tust these people non aave & deeper comatic to elI eIzar,

IOrE reSSOn fOI aLering to 1t.

ETilable, Jith te photogegrating dots neiing asgrification inpossible, I +10

I hate discotered soething vrong, something tet Lay it te ature plage te

soveranest. Inis is miat in tse archives is identizied as CD 107. It is 8 102z-

jari cosposite picture, rita en insat enlargement of tie back on =e suirt edies

tO E DicTURe DilLe bacK, Tit tue tie 1I tiE 10w0I leEt-Derà corDer sea E tieu

0Z INÊ COIlEr sinilsa tO dE one yOU senü D0 II thE lOver rigat. IN you Till sERÔ

SE a LOtOgIDE mELE ArO- tiE LegStive Isther tuan a reproduced cozy, = Till be

pable t- determine tuls with finelity, I en concident, an: 1il1 regort to goa, zor

Four files anù use, la so lesired, tiet 1 believe 1s ea adequate expicastion os

Tiset is trona ait, tais picture.

an ailo photograre. The ircuives charge is 41.25, so I enclose a ciech i= tiet

Enourt.

¡tu regerà to tue specurogramic enslysis, raderer 1niommeà you Di

that you trote se is iddino you. lee testimony referreà to is simply iner sli

speciments were of lead, no more. Has mitness, quite properly, rede it a =atier.

di ricord tust be mas not competent to sive testimony on inis sid tuei i tas iot

his more but searsey with ian. In telling you this little bit sbour theizedecuacy

EsE error is insi you trote ne, ay purpose is to nake li go sible dor you. to eroiò

enberressment to yourself anà to tue government. I cannot and mill not elio. te

IstieI tO dest DerE.

I sacress your osragraphs raleting to the Iste David Tillien Je=-le li

the seue spimit, for I do not believa tee tougats origiaste ate you. "ll d=

Ficat 1s i timela on Ferrie, to ny ino-leûge, censot be so described, cor ere

tie excantions ritout exceptions. Quere is 20 doubt in zy riza trat st -e very

- NW. 54999 DOCId:32089522 7ACE%•

ENCLOSURE 166: 351938-1

---

## Page 537

-=

i.:-

---------

-----

:::..

==.

====.

-=

Turis

EFESTACE

==-ci sti

"capreses"

594e 39

==-4555114÷=3

MISTERE.

=====

Lettino rive

TOi LETE IRReS0È sEt tmi JOù reCasider tis decizioa cra, dama is=a zuge

tinee Jeuss sinde = diasi Degon tue disoni ti get mut i bellera mey 20ù gropezio

be ritmislà on tais I iter. Suol calay Is z01 daly costly, 10 is =1s0 10- jo

eccorû si cituer tus spirit of the letter Di tue ler, es I Urierstra ine.

It 1s disticult to bilieve bust the minute objects le Buccia 643 can

De described as " missile". Jinst pe ell, int entibit sious e minum ei tro

Db-CUS, DOS-blj & tESi, EthoLga I. FRaziens testinoay is Escut tuo salg.

Ino pojecus are aot "a missle". Inese elen da rot seca to dat- tie asisticissie

to esci ouisa or tue dirensions giver by ta egista in lacla I5y0rt,

72:2-m I26

551 ==. Duese are also described as coring anoa une inte Erosicant's mesa, issees

=eport goes into tuis, seys e "proper zocolot" mes sigasà, moris, etc., mede.

Reference Lare is to 5 receigt for tuo described Dieces ce =etal, 10t "a =isle".

Fossibis ofher records can clarily tais seering discrepancy.

Zieu negarù to your cenneats on "iuiosy Fotograts", tuis scalcastida

150al: de acceptable ij it vers made to include copies 05 ari-ts Iutaer i-a

IIiE'-1 nectites only. Due MOrDO SuOLli RENOVE GLy Recinical interpretstion

ci the Terês "possession of custody", for exople, as il copies tere 1o neà lor

SULã], Obirion e es tus basis oi investigations Di various linás.

¿tais point, ly bettino eterage, ou nai is rascied yoü, is tuo eut

Di INO, DI 1I tiE INO CeSeS inere Dy represcitation mas Cicllezgea,

Io cali tes tross but acinouleages 1t, boletcily, Becouse Il objectires are.

proper researe, access to miet I stould be sble to deve ma staay, not da

enberresaneat of the governest or lta onicicls, I lo copa jor till condêer

=e goasibility tais is not an ecciuental recorâ cû do tet you coz to elIminate

tue endless telays, tis esomous entrs eifort and cost sud see to 1t trei tast 1s

¿properly ritield tilla mede avelleble. Governert, $0o, sioulê confore to

tise leri.

Sincerely,

Houldesh

serold Deisters

NW. 54999

_DocId: 32989522

Page 537

---

## Page 538

-E:

126-2054

110.

PHEASANT-CHICKENS

tinations 20752

ROCK-CORNISH GAME HEN'S

lay 25, 1960.

""".

: -

1ir. J. Zagar Hoovar, Director

Federal Bureau of Investigation

rashington, D.C.

Dear II. HoOver,

EnCLOSEd IS 8 COpy Di My bOOk, REINONASE - DEE PEPORE ON IES TRI ROBOES. I.

it you will find quotations from your testimony and that o 331 onus tsui i

believe require irmediate and unequivocal englanations enà ur the fel's report

to the Commission. Of the many things requizing explanation, = roula 11ko la

particulsr to direct your attention to trose threo, in vaica it mould soon Io

¡question of astional security can ba involvea:

1) In your briel discussion of the assassination in ine report to the Connission

you sey thai inree snous vera fired, oî nice ino tid taù -curinuäo don das 25=

governor. This does not account for

the büriet ibet bit tha curbsione on Courice

Street, which you told the comission you could sui associate vith the residential

car or any of its occupants. In another pari of this report, decing with canalu, joi

tolà the Conmission that the bullet that did not sill the residesi struck him in

the back - not the neci, sna did not go througi lis body. Funa zua soem to tina to

account for the welt-known wound in the fIont of the Presidoiu's neck. and thus,

ere there not at least cive bullets, the three you accounted for and the ino yoù

diû not account lor: The Conmission itsell considered the cubstone strike a se sizi

bullet, and the President most certsinly Has roundeà in the front of the naci.

2) In his testinony bejora the Comission, FBI Agent Zobert 1. Irazier did soi

offer into evidence the spectrographic analysis of this bullet and that oi the

verious bullet fragments. Neither did FBI Agent John I. Gallaghes, the spectrogra-

pher. Agent Frazier's testimony is nerely thet the bullets were lead, nich rould

seem to be considerable less infornation that spectrogranpic analysis coula ravari

¡The custodian of this archiva at the istional archives infoms me this aralysis is

not included in his archive but is in the possession of the FBI. I call soù you

RIgoret frazier said that en the

any FBI interest in this unusual destruction of evidence. Lie also testif.& that

the cleansing of the bullet vas not complete, that foreign matter remained in the

grooves in the bullet. Yet his testimony does not shon any IBI interest in leerins

what the nature of the residue Fas. Did the FBI make the appropriate tests: Coulê th

resiâuo da associated with either the President's boùy or the covernons: not

54. JUL

was made to learn: And if no efiort was mode, why not's

---

## Page 539

FEDERAL BURBAU OF INVESTIGATION

POSTPONKHENT INFORMATION SHEET (JFK MATERIALS;

_Page(s) withheld entirely at this location in the file.

one of more of the following statements, where indicated,

explain this deletion (these deletions).

[]

Deletions were made pursuant to the postponement

rationale

indicated below with no segregable material

available for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[]

[]

Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

]

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[]

Subsection 2

(living person who provided

confidential information)

Subsection 3

(unwarranted invasion of privacy)

[]

Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

[]

Subsection

(security or protective procedure,

currently or expected to be utilized)

[]

Information pertained to a matter unrelated to the JFK

Assassination investigation.

[]

For your information:

FULA

The following number is to be used for reference

222108060 2502 1k

XXXXXXXXXX

xxXXxxxxXX

XXXXXXXXXX

xxxxxxxxxx

XXXXXXXXXX

XXXXXXXXXX

TW 54999

DocId: 32989522 Page 539

---

## Page 540

(lost)

15. J. B. Adans

11-25-741

Legal Coansel

R. 12471:

AMONDMENIS

TO

FREEDOM DE INFORMATION

ACI, TINUS 5, I. S. C., SECTION 552

The Bouse overIode the President's veto of this

legislation (copy attached) by a vote of 371 to 31 on 11-20-74,

and the Senate by a vote of 65 to 27 on 11-21-74. It is to

become effective 90 days after enactuent or on February 19, 1975.

PrioI memoranda have been sent through at various stages of

captioned legislation reporting results of conferences held

betwees Bareau officials and representatives os the Department,

Congressional staffs and White: House officials. The purpose

of this memorandun therefore, is to point out those provisions

of these amenöments which it is believed will have the greatest

impact on the FBI. For the purpose of clarity, the areas have

been broken dos into the following categories:

(1) processing

of requests; (2) increase in number of files involved; (3)

increase in number of people who can now request data; and (4)

in-camera inspection of classified documents.

PROCESSING OF REQUESTS

By say of background, it will be recalled that

"investigatory files conpiled for law enforcement purposes*

were exempt fron disclosure under the provisions of the

Freedon of Information Act (FOIA) - Then in July of 1973,

Dapartmental Dider 523-73 was issued by then Attorney

General Elliot I. Richardson. By this order ve were instructed

to make available our investigative files oyer 15 years old

to legitimate researchers when such files pertained to an

individual or organization of historical significance.

The new amendments will now do away with these

restrictions.

Previously, when ve ascertained that the infornation

being sought was contained in an investigative file less-Eban

years old, we would deny the request, and the repartment'

Iequest Iot access to our investigation of President Kennedy's

assassination. It will be necessary for us, in our

SeriEs

Enclosure

1 - Nr. Callahan - Enclosure

1 - 11- Jenkias - Enciosure

1 - 112- Adams - Enclosura

@ ~ Fach assistant Director - Enclosure Melhite

JCE ins (18)

NW 54999 DocId:32969522 Page 540

---

## Page 541

Menorandun to MI. J. B, Adams

Re: H. R. 12471=

AMENDHENES TO THS FOIA, 15, USC, SECTION 552

processing endeavors, to look at each paragraph in an

investigative file to determine it the information falls with-

in one of the

its disclosura:

(1) interfare with enforcement proceedings,

(2) deprive a person of a right to a fair trial or an impartial

adjudication, (3) constitute an unwarranted invasion of personal

privacy, (4) disclose the identity of a confidential source

end, in the case of a record compiled by a criminal law

enforcenent authority in the course of a national security

intelligence investigation, confidential information furnished

only by the confidential source, (5) disclose investigative

techniques and procedures, or (6) endanger the life oI

physical safety of law enforcement personnel.

Our processing will be further complicated by the

changing of the word "fila" to "records" in the (b) (7) exenption.

In the pasi, even though a record, such as an airtel of

beDorandun contained innocuous

information, if it sas located

in an "investigatory file compiled for law enforcement purposes, "

we could preclude disclosure.

However, because the new

provisions order that, "Any reasonably segregabla portion of

a record shall be provided to any person requesting such record

after deletion of the portions which are exempt under this

subsection, *

we will now be required to look at such a

document and will have to disclose the contents if it does

not fall within one of the above-enumerated categories.

In

essence, we will now be required to look at a greater number

of files as well as a greater number of documents within these

files in processing requests under these new anendments.

IXCREASE IN NUMBER OF FILES INVOLVED

AS Doted abOvE:

since this law will suparcede

Departmental Sider 540-13÷

all our files will now be covered

by the FOIl, regardless of their age, FIon a review of the

words used in this bill, a reading of the legislative history

and

in discussions with staff representatives of various Senators

and Congressmen advocating this legislation, it is our under-

standing that a request can now be received for information

from an on going investigation and we would be required to

process such a request to determine is there was any infor-

nation contained therein that would zoi be protected under the

new provisions of the fOIA.

An example of

this could be a

requesi for our files on the Patricia Rearst case.

INTA

54999 DooId: 32989522

Page 541

---

## Page 542

Ziemorandun to Mr. 3. B, Adams

Ãe:

I. R. 12471: AMENDENIS TO THE EDIA, 15, USC, SECTION 552

INCREASE IN NOMBER DE PEOPLE WED CAM NON REQUEST DATA

It is our understanding that anyone can now leguest

information fron our files and such a raquest will have to be

processed by us, even isi involves an elementary school student

wanting data for & tenu paper.

Since this new legislation will

require the coverment to absorb the cost of processing such

requests, the only cost that could act as a deterrent to a

young requester would be the time involved in our locating

the particular records involved and the duplicating charge of

ten cents per page.

Of the University of Texas who had requested infornation

concarning the Communist Party, which request involved close

to two million pages to be reviewed, will now come back with

the request nich he had previously withdrawn when he was advised

that the estimated cost of processing would amount to

300,000 dollars.

IN-CAMERA INSPECFION OR CLASSIPIED DOCUMENTS

under the old provisions of this Act, we could decline

to disclose classific documents, and, if subsequently challenged

in court, merely subnit an affidavit to the effect that these

documents have been properly classified pursuant to the most

secent Executive DIder.

The judge would go no further and

would sustain cur denial for access to such documents.

Under

the new legislation the judge may review such classified

jocuments during an in-camera inspection to determine if he

personally feels they were properly classified.

Implenentation of these new provisions is to take

place ninety days after enactment. In the interin, representatives

of the FOIA Unit are available to explain in depth some of the

problems contemplated under these amendments sinilar to the

explanations furnished Congressional stati members and Whiza

louse representatives on lovember 14th.

RECOICIENDATION:

For information.

--3-0

NW 54999 DocId: 32989522 Page 542

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## Page 543

HE UNIVERSITY OF KANSAS MEDICAL CENTER

COLLEGE OF HEALTH SCIENCES AND HOSPITAL

RAINEOW BOULEVARD AT 39TH O KANSAS CITY, LANSAS 65103

SCHOOL OF MEDICINE

SCHOOL OF NURSINS

SCHOOL OF ALLIED HEALTH

UNIVERSITY HOSPITAL

SCHOOL OF MEDICINE

DEPARTVENT OF PATHOLOGY AND ONCOLOGY

(913) 831-7070

December 14, 1971

Clarence M. Kelley, Esq., Director

Federal Bureau of Investigation

Washington, D. C. 20535

Re: Records and artifacts of

the Warren Commission

Dear MIx.

Kelley:

Am writing to ask the relative positions of the [ejector] marks and

the follower spring marks on CE 141, 543, 544, 545 as they were

described to Mr. Rankin in Mr. Hoover's letter of June 6, 1964,

(CE 2968). More specifically their degree of rotation (45°, 90°,

etc.) in relation to each other

Recalling my letter to you of December 3, 1973, when I asked for

the results of the neutron activation studies done on the several

metal fragments mentioned by Mr. Hoover in his letter of July

8, 1974, to Mr. Rankin, I should again now like to ask for these

results.

Anticipating that my requests for these neutron activation results

will be denied I should appreciate if you would provide me wlth

instructions for the internal appeal as set out in the new amendments

to 5 USC : 552.

:

Sincerely,

John Nichols, M.D.

NW 54999

DocId: 32989522

Page 543

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## Page 544

: 1975

Assoc. Dir. -.

Dep. AD Adm. -

Ass:. Di:.:

Admin.

Comp. Sys1..

Ext. Afloirs

Files & Com.

Gen. Inv.

Ident. cu

inspection

intell.:.

Laboratory

Plan. 2 Eva!.

Spec. Inv.

Training

Legal Coyn.

Telephone Am..

Diractor Sas'y-

NU 54999

January 13, 1975

1 - ME. B. White - Enc.

Atten:

Mr. Frazier

1 • Mr. Mintz.

DI.

John Nichols

Colleye of Health Sciences

and Hospital

The University or kansas

Medical Centex

Rainbow Boulevard at 39th

Kansas City, Kansas

66303

Dear Dr. Nichols:

Your letter regarding records and artilacts of the.

Harren Commission was received in this Bureau on Decenber 27th:

I wish to advise you the information you have

requested regarding the neucson activation studies conducted

in connection with the assassination of Pzesident. Rennedy.

previously denied to you under the current Freedon of Infor

nation Act, appeers to be subject to disclosure under the

recently anended provisions of the Act which become effective

February 19, 1975, It should be noted the material you

apparently seek to obtain is contained in Laborators work

since the results of the testing

foxth in the letter of July 8, 1964, Exon Mr. Hoover to

Mix. Rankin, a copy of which you have in your possession.

Concerning your request relating to the relative positions

of ejector marks, this material was

not recorded, and is

therefore unavailable in our files.

are awaiting quidelines and instructions fron

Department of Justice regarding the implementation of

the Freedom of Information Add in its amended form, and reg

ulations concerning the establishment of fees have not as

yet bean promulgated. In vier of this, I am asking that,you

• The Deputy Attorney General • Enclosure

1

- Bufile

• 62-115539*

(FOI-REPLIES)

THB: 1av

(8)

MAII, ROOM

Doeld: 32989522

TELETYPE UNITL

Page 544

---

## Page 545

to ohr Hichol

costie your coquest subseguant to rebrancy liti, lo tos

ovens you feel the Ideorabosy worls shores and papace vontd.

be tha masarial a incorost to you in connection mist you.

At that time, te will ho in a position to advai

you conceming the necessary foes raguired to proceas 7012

requese, and to provide you portinent information roguding

the amended treedon of Information lot.

Sincezely yours,

Par me holies:

Clarence M. Kelley

Director

Reply coordinated vith

I the Laboratory Division.

We have

had prios correspondence with Nichols in the post concerning

his request for information regarding the assassinition of

President Kennedy.

Laboratory DiVision is currently reviet

ing its material relating to neutron activation testing for

the purpose of determining volune and other factors that will

affest fees wich we will be authorized to charge requesters

for this cype of information.

:

- 2

it's ot?

_NW 54999 DocId: 32989522

Page 545

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## Page 546

Mr. White

Mr. M. B. Willians

1 - HI. White

—Office, 7133

D-- it.

Cunningham

January 24, 1975

• ~ Mr. Kilty

Ah, Mintz

attni

her.

Bresson

FREEDOM QF INFORMATION ACT (FOIA) REQUEST

OF HAROLD FRISBERG

Reference is made to Local Councel to d. B.

Adams' menorandum of Decenber 17, 1974, wherein it.

reconnended that the laboratory Diviaion review Keisberg's

request for information concerning the assassinstion of

Prosident Kennedy and idertify pertinent naterial available

which may satisty his request.

Weisberg indicates in his letter that he is

interested in "the report itself" or "the complete report

only"; borever, since these are available to him at National

Archives, his request met extend beyond these documents.

The material avallable in this case falls into

three categories.

1. All of the background inormation

and data accumulated during the actual examinations of the

evidence specimense

The conposittonal analyses arrivod

at from calculations of the ray date. 3. The final

• reportE.

Spectrographic analysee were conducted on bullets

and/or fragments therofrom, lead fragments and several Items

of clothing.

Exaninations by neutron activation were con

ducted on the above-mentioned bullet and load materials

and on paraffin caste taken from the hands of oswald.

resulte of all these examinations, with the excention of the

neutron activation studtes of the bullet and lead matertals,

have

• been included

I in the FBI Laboratory reports.

The

results of the neutron activation examinations of the bullet

and lead materials are contained in a letter to J. Lee Rankin,

General Counsel, The President's Connission, dated July 8,

1964..

This letter and the IBI Laboratory reports are avallable

In the National Archives.

The Laboratory has on hand spectrographic plates

and soutron Retivation

analysis data which were used to

calculate answers and make judguents regarding the compositions

of the mterials exanined.

As with most scientiftc data,

Interpretations of these plates and neutron activation analyses

data will not stand alono but rust be accompanted by technical

JWK/Irk: (G)

(CONTINUED - OVER)

NW 54999 DocId:32989522

Page

546

---

## Page 547

Memorandan

to tr.

shite

IBEDON OF INFORMATION ACT (FOIA) REQUEST

OF HAROLD ADISEUNG

intoration which explains the paratisters involved.

Sone

of this explanatory intonation could be obtained by an

inquirer fron outside experts in emission spectroscopy

and neutron activation anslysis, but in the absence of

detailed procedural tata, the rae infomation is not subject

to Interpretation by non-technical individuals.

hoter were nade at the tine the examinatione were

conducted which contain the actual annlyzen including percentage

of some elements present, relative concentrations of other

clonents and abserce of detectable concentrations of elemente.

Sone of theso notes are physically in the laboratory and

others are assuned to be interspersed in the case file.

search for this msterial will bo extensive and time--consuming.

It is estinated that approximately 50 pages of technical notes

nay be involved.

The costs of reproduction will vary according

to the physical

dimenstons and mture of the material to be

furnished.

I1 we are requested to procuce copios of the actual

spectrographie plates and neutron activation data, coste will

be subatantial because of tho various forante involved.

the case of the spoetrographie plates, the Spectal notographle

Unit of the laboratory 1s investigating the possibility of

acourntely reproducing the pintes so that the recorded intor-

mation can accurately be assessed iron the "duplication,"

Metimatos of tbe costs involvod 11 such reproduction; 11

they can be made, are not presently avalable.

In the case

the neutron activation data, the total reproduction of this

material will involve the equivalent of approximately 1, 000

pages. Much more clorical tine than that nomally requized

to reproduce 1,000 pages vill be invoived que to the nature

and size of the pagee to de copied.

is not unzeasonable

to assume that the time involved would be approzimately

ten times greater than the tine needed to reproduce 1,000

normal pages.

Rocordingly, 1t will be necessary to evaluate each

request in seras of the material to be furnished, and the

overall, costs will dopend on what naterials are to be

reproduced la response to a spoctise request..

ACTION:

Hone.

for Salormation only,

NW 54999. DocId: 32989522

Page 547

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## Page 548

Lillian de

rold Weisberg

Coq d'Or PIeSS ROUTE 8, FREDERICK, MD. 28701

Code 3011473-8186

November 27, 11974

The Deputy Attorney Genezal

The

Department of

Justice

Washington, D. C.

20000

Deer Sir:

After exhausting my administrative remedios, I filed ô.A,

2301-70 in Federal district court In Washington,

In it I

sought the described spectrographic analyses

made by the FBI.

for the warren. Commission which had been denied me.

The law has now been amended. I herewith request that you

reinstitute

this application for these analyses under the law

as smended.

The Department saw fit in this previous case

to make misrepre-.

sentations to the counts. I therefore want it to be clear

that I sought and now seek only the final scientific reports

on these tests.. Not raw materials, not laboratory work, only

the conclusions as embodied in the full report, or the report

itsolf.

Herewith I expand

that request to include similar neutron

activation testing, whether or not by the fBi, of those

same

odjects and materials, namely the bullet allegedly used in

the assassination, various fragments of bullet also allegedly

so used, snd the various objects said to have been in contect

with any or all of these.

Here also my request

is for the

complete report only.

Very truly yours,

faulels

Harold Woisberg

---

## Page 549

December 19: 1974

— Mr. Adams

1

-. ME.

White

Atten:

Mr.

Frazier

I - Mx. Minta

Harold Weisterg

Cog d'Or Press

Route 8

Frederick, Maryland 21701

Dear Me. Weisherg;

This is to acinowledge your letter addressed to the.

Deputy Attorney General, Department of Justice, which

Icterred to this Bureau

and received on December 6th.

For your information, we are presently awaiting

guidelines and

I inscructions fron the Department of Justice

regarding the implementation of the recencly amended Freedom

Information Act, which beoones effective Fabruary 19, 1975.

In the meantime, we are attempting to identify and locate the

docunente in which you have expressed on interest, and will

communicate with you concerning this in the near future.

Sincerely yOurs.

MAILED 20

DEC 1 91974

•FBI

C. M. Kelley

Clarence M. Kelley

Director

_ - The Deputy Attorney General - Enclosure

-Bufile 62-115530 (POI-REPLIES)

NOTE:

See Legal Counsel to Mr. J. B. Adans memorandum dated

12-17-74, captioned: "Freedom of Information Act (FOIA) Request

Harold

Weisberg."

PHS: law

(8)

Dig. AD inv. -

s=*. Dir.:

En:. Affairs

Sen. lav.

-ati.

mineratory

*.irinig.m

rani Cour.

=NNs 154999

630 1 19 5 334

st file

SLAINED

JAM

Ter.

DocId: 32909522

all fordi

Page 549

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## Page 550

FEDERAL BURKAU OF INVESTIGATION

POSTPONKMENT INFORHATION SHEET (JFK MATERIALS)

13

Page (s) withheld entirely at this location in the file.

one or more of the following statements, where indicated

explain this deletion (these deletions).

Deletions

were made pursuant to the postponement

rationale

indicated below with no segregable material

available

for disclosure.

All references relate to

Section

6 of the "President John F. Kennedy Assassinatior

Records Collection Act of 1992."

[]

Subsection 1A (intelligence agent's identity)

[] Subsection 1B (intelligence source or method)

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection 2

(living person who provided

confidential information)

Subsection 3

[] Subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently requiring

protection)

[]

Subsection 5

(security or protective procedure,

currently or expected to be utilized)

Information pertained to a matter unrelated to the JFK

Assassination investigation.

-I For your information:.

FUJA

f'' The following number is to be used for reference

regarding this page (these

pages) :

62-107040-83028 Bulky

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

xxXxxxxXXX

XXXXXXXXXX

XXXXXXXXXX

NW 54999 DocId: 32989522 Page 550

---

## Page 551

Citizens Commission of Inquiry

103 2nd Street, N. E.

Washington, D.C. 20002

(202) 546-7500

May 1, 1975

Mr. Clarence M. Kelley

Director, Federal Bureau of Investigation

United States Department of Justice

Washington, D.C. 20535

Dear Mr. Kelley:

This is a request for information pursuant to the Freedom of Information

Act as amended (5 U.S.C. Sec. 552).

I request access to the following files for purpose of inspection, and it

I so choose copying:

1) Neutron activation analysis of the paralin casts of Lee

Harvey Oswald's hands and face.

2) Spectrographic analysis of all bullet fragments recovered

In the investigation of the assassination of John F. Kennedy.

As you know, the amended Act provides that if some parts of a file

are exempt from release that

"reasonably segregable" portions shall

be provided. I therefore, request that if you determine that any portion

of a requested document is exempt you provide me immediately with access

to the remainder of the document. I, of course, specifically reserve

my right to appeal any decision on your part which denies to me access

to any document or to any portion of any document and an examination of

a portion of a document may not be taken by you to be a waiver of my

right to examine all portions of all of the requested documents.

If you determine that some of the documents or any portion of any document

is exempt from release I request that you specifically advise me as to

which exemption you believe to be applicable and the specific reasons

therefor regarding any material you refuse to make available.

I believe that since it is likely that all of the requested material

may have been collected and maintained by you in one location there

should be no fee charge.

NW 54999

DocId: 32989522

Page 551

---

## Page 552

c..

Page 2

If you determine that a fee might be involved since the Act permits

you to reduce or waive the fees if that "is in the public interest

because furnishing the information can be considered as primarily

benefiting the public"

and since it is apparent that this request

is made in the public interest I request that you waive any such

Iee. Should there be any question about fees or in any other area,

please telephone me at (202) 546-7500.

I expect to receive a reply to this request within ten working days

as required by the amended Act.

!

Sincerely,

Mark Same

Mark Lan

NW. 54999 DocId: 32989522 Page 552

---

## Page 553

1- The Mermatt.

LABORATORY ADDENDUM J. W. KILTY:je

6/25/75 (Enclosures 9)

Request No. 1

Enclosed is one page of data listing the microgam quantities

of antimony and barium detected on the hands and cheek of Lee Harvey

Oswald. The Laboratory has on hand the so-called "raw data" which

was used to calculate the quantities listed. This is not being furnished

because it appears that the enclosed page of data is responsive to

Lane's request. The evaluation of the concentrations of antimony •

and barium was furnished to the Warren Commission by letter from

J. Edgar Hoover to J. Lee Rankin dated March 10, 1964. This letter

Is available to the public in the National Archives.

Request No. 2

Enclosed are eight pages consisting of worksheets and notes

containing the spectrographic analysis of bullet fragments recovered

in the investigation of the assassination of President Kennedy. These

pages have been approved for release.

NW 54999

DocId: 32989522

Page 553

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## Page 554

Kille

MR. MINTZ

3/21/75

ndon

J. B. ADAMS

FREEDOM OF FORMATION

ACT (FOIA) REQUESTS

Mir Me

In order to expedite processing of FOIA requests received

in the Legal Counsel Division requiring document review and/or comments

by other FBIQ divisions; the following procedures should be implemented

under normal circumstances:

Legal Counsel should prepare memorandum to the Assistant

Director di the FBISQ division Involved requesting review of material,

necessary comments, or other required action relating to the FOIA request.

The recipient FBIAQ division should handle the matter in accordance with

Legal Counsel's request and respond directly to Legal Counsel by addendur

to the memorandum or, i necessary, by memorandum. When all action

is completed, the final package including the reply to the initiator of the

FOIA request prepared by Legal Counsel would thereafter be sent to rae

I, however, there is some specific reason to notify me of the

receipt of the FOIA request as would be the case if te initiator was oi

particular interest to higher Bureau officials, or if good judgment would

otherwise dictate; I should be aware of the request, Legal Counsel should,

in those instances,. prepare the memorandur to me.

ACTION:

For information.

PLM:ams

(15)

1 - Mr. Jenkins

1 - Each Assistant Direetor

NW 54999 DocId: 32989522 • Page 554

---

## Page 555

Vetal

March 21, 1975

FREEDOM OF INFORMATION

PEQUESTS FOR RECORDS

The following informal guidelines have been received from Freedom

of Information Unit, Office of Legal Counsel, for use when they request

cost data concerning FOI record requests from outsiders.

1. FOI will calculate reproduction costs unless unusually

difficult, such as photographic reproduction of

spectrographic plates.

2. "Reproduction" time is not chargeable, but must be

absorbed by FBI.

3. Reviewing time, to determine if material may be

furnished under FOI Law, is not chargeable.

4. Searching time (separate clerical and agent) is chargeable

at the rate of $4/hour for clerks and $8/hour for agent.

Exact records must be kept to support affadavit by agent in

case of legal contest.

NW 54999 DocId: 32989522

Page 555

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## Page 556

MI. J. B. Aaans

3/7/75

Legal Counsel

PUBLIC, IAM 93-502, MMENDMENTS

TO THE FREEDOM OF

INEORIATION ACT (FOIA) , TITLE

5, UNITED STATES CODE,

SECTICN 552

the purpose of this memorandun is to bring ku the

attention of all Bureau Officials and Supervisors information

and partinent quidelines, in addition to those contained in

attached proposed letter to ali SACs, resulting from the new

amendments to the FOIA.

Additional guidelines and observations

miil be submitted for consideration from tine

co time as expo-

rience gained under the provisions warrant.

Aiso, representatives

of the FOIA Unit will be available to aúdress Division confer-

ences regarding this Act.

As you have previously been advised, the Freedom of

Information Act (FOIA)

was recently amended and the amendments

became effective February 19, 1975. Copies of the FOIA incoI-

porating the recent amendments are now available and are

attached for your information. As can be seen fron the attached

reprint, the primary effect of the new amendments is. to increase

the administrative burden of processing requests under the act,

whiCh is being handled by the Legislative Matters Section, FOIA

Unit of the legal Counsel Division.

Occasionally, however, the

assistance of other Divisions will be necessary in resolving

questions concerning a particular request.

The amended Act has altered the previous Act in

three major areas of concern to the FBI.

Change in Exemption (b) (1). This exemption

ralates to classified national defense and foreign policy

the major change in this area is that the anended

Aci expressly provides for in camera juäicial inspection of

any documents withheld under

this exemption, with the purpose

ot ascertaining if they are "properly"

classatied. is a

result of

this provision, a revior of all classified docu-

ments will be made prior to assertion of this exemption, to

Insure the classification is proper and current.

250.

1 = Nix. Adams - Enc.

í] - Each Assistant Director - Enc.

JAD :mS (17)

NW 54999 DocId: 32989522 i Page 556 =

CONTINGED - OVER

---

## Page 557

Legal Counsel to Mr. J. B. Adams memo

Re:

Public Law 93-502

2. Change in Exemption (b) (7). The language of

this exemption has been changed from

"investigatory files"

under the old Act to "investigatory records" under the present

Act, and the bases for withholding records falling in this

categor; have been narrowed to six specified situations:.

The situations in which investigatory records may

be withheld are specified in the amended Act and may be briefly

described as follows:

Where release of the record would...

(1) interfere with enforcement proceedings (investigation or

prosecution) (2) deprive a person of a

fair trial (3) constitute

an unwarranted invasion of personal privacy (4) disclose the

identity of a confidential source (either a

paid informant

or any citizen furnishing information to us with an express

or implied assurance of confidentiality) (5) disclose investi-

gative techniques and procedures, or (6) endanger the life or

safety of law enforcement personnel.

3.

Processing of Requests. The amended Act has

imposed a statutory requirement that an agency respond to an

FOIA request by either denying or granting the request within

ten working days, or in certain specified instances within 20

working days.. As pointed out above, the amendments have also

drastically revised the "investigatory files" exemption and

now refers to "investigatory records."

The effect of these

two modifications is to greatly increase the administrative

burden of processing FOIA requests.

The change in the wording

from "files" to "records" requires a document-by-document review

of the files falling within the scope of the request. The exemp

tion for investigatory records is now such that it also requires a

page-by-page review to justify withholding of the information

The Act also requires that any

"reasonably segregable" portions of a record be made available

to the requester after the portions which are exempt have been

This means that any documents not exempt in their

entirety must be read and deleted on a paragraph-by-paragraph

basis.

As mentiored above, the nodification of the (b) (1)

exemption now requires us

to review the classification of

documents before the (b) (1) exemption is asserted.

AS

can

be seen from the above explanation, the bases

for withholding information in a closed investigatory file are

limited.

The two most froquently relied-on cremptions when

dealing

with an inactive invostigation are (b) (7) (C) (unwar-

ranted invasion of personal privacy) and () (7) (D) (information

furnished with an express or implied assurance of confidentialic).

- 2-

NW 54999 DocId:32989522 Page

557

---

## Page 558

Legal Counsel to Mr. J. B. Adams memo

Re:

Public Law 93-502

Assertion of these exemptions relies heavily on the assumption

that an individual who cooperates with this Bureau in the course

of an official investigation does not wish to have his identity

or the information he furnished released to the

subject of the

investigation or to third parties, unless this is necessary in

enforcement proceedings of a judicial nature. The Legal Counsel

Division is giving consideration to suggesting adoption of certain

procedures by the field in recording the results of our interviews

in order to strengthen our position in asserting these exemptions.

Before adoption of any such procedures, the views of other Divisions

as to the effect these procedures might have on dissemination of

information and

related problems will be solicited.

Additionally, to enable the FOIA Unit to comply

with the short statutory deadlines imposed by the Act,

normally

ten working days, it will be necessary for all other Divisions

•to cooperate expeditiously in the handling of these matters when

called upon to do so.

This will involve insuring that any mis-

directed FOIA requests received by other Divisions are transmitted

to the Legislative Matters Section, Room 4503, Justice Building,

Attention: FOIA Unit, by the most expeditious means avail-

able.

The time limit for response to a request generally

begins to run from the date the request is received in any

Division of FBI HQ. As the applicability of some of

the exemptions depend upon whether release of the information

requested would interfere with an ongoing investigation or

enforcement proceedings, it will on some occasions be necessary

for the FOIA Unit to consult with other Divisions concerning

their opinion as to the effect release of information would

have on an ongoing case. In some situations, also, the Division

handling the substantive violation may be consulted to provide

background data, in order to ascertain if the continued classi-

fication of a particular document is justified.

RECOMMENDATION:

The attached letter to all SACs be sent, which

explains the recent amendments to the FOIA and sets out

procedures for handling FOIA requests or inquiries received by

Field Offices.

• 3 -

NW 54999 DocId: 32989522 Page 558

---

## Page 559

(Typed March 7, 1975)

PERSOIRE ATTENTION

Menorandun to All fpecial Ngents in Charge:

RE: PURLIC TAl 93-502

FREEDON CE INFCRYATION

ACT (ECIA), TITLE 5, UNITED STATES CODE

SOCDION 552

Congress eccently amended the roin, title 5, Unitel

ftates Code, Sectich 552 ard these amendments became effective

Ecbruary 19, 1975.

attached are two

copies of the fOld which

incorporate

the rocent amendnents.

As you will recall, the fOIn Icquires Goveinnent

agencies to furnish records and documents to the public upon

request subject to several excentions of exemptions which allow

the withholding of records and docuerts in cortain specified

situations:

The prinary effect of the recent amendments is.to:

(1) Roduce the timé available to an agency for

responding to an FOIA request to ten working days, or in

certain spccifica situations 20 working days.

(2) Provide for in camera court reviow of any classi

fied docunchts withhold under exerption (o) (1) to ascertain if

the classification is proper.

This, of course, rould occur

only if a suit is filed by the requester appealing fron a denial

of documents withhold under this exemption.

(3) Narrow the cxemption (b) (7), which previously

provided for the withholding of investigatory files compiled

foI law enforcanent purposes.

The anonüed czenption (b) (7)

now allows withholiing of investigatory recorus" in six

specific instances or circumstances.

The Legal lounscl Division, Legislative Hatters Section,

POIA Unit of FDI to is handling the implementation of this ict.

rield officos should continue to follow procaiures pIcviously

set forth fer handling of FOIN Icquests, in Manual of jules

and loqulations, rart II, Section 85, page luC. That is, u

briof lotter ackrouleding the rccuilt of a rcguest should ta

sent to the roquestar and he should is advisel the request is

1 - Each Assistant Director

1 - MIS-

Smith

JRD: ms

(17)

NW 54599 -DocId: 32989522

Page 559

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## Page 560

¿emorandum to All Special Agents in Charge

Re: Public Law 93-502

being forwarded to FBI HQ for consideration. The request

should then be transmitted by airtel to FBI HQ, Attention:

Legal Counsel Division, Legislative Matters Section, on an

expedite basis. The airtel transmitting the letter should

provide a summary of any background data available on the

subject matter of the request.

personal

In the event telephonic or

'inquiries are received concerning the procedures for

naking requests under the Act, the requester should be advised

to direct a written request to the Director, FBI, Washington,

D. C. 20530. The envelope and letter should be marked "Freedom

of Information Act Request," or similar wording.

no and need to secon

pariod for response to an FOIA request will not begin to run

until the request is received at FBI He.

The principal effect of the extensive amendment

to the investigatory files exemption, Section 552 (b) (7),

is to allow the withholding of records from our investigatory

files only in six specified ciscumstances which are set out

in the Act.

We anticipate that in handling these requests we

will rely heavily on subsection (b) (7) (D) which allows with-

holding of information furnished by an individual who is a

"confidential source."

The term

"confidential source" has

been interpreted in the legislative history of the Act and

through analysis of the Act by the Department of Justice, as

covering not only informants but any citizen. who furnishes

information to an agency with the express assurance of con-

fidentiality or under circumstances where such an assurance

could reasonably be inferred.

Efforts will be made during initial and follow-up

In-service training of Field Olice Legal Counsel, to cover

in detail the provisions of the Act.

Any inquiries concerning

other problems arising under the Act should be directed to the

Legislative Matters Section,

Legal Counsel Division, FBI HQ.

Additional guidelines and interpretations concerning the Act,

resulting from expected court decisions and experience gained

in applying its different provisions, will be furnished you

iron time to time where necessary.

Clarence M. Kelley

Director

Enclosures (2)

- 2c

NW 54999 DocId: 32989522

Page 560

---

## Page 561

5 $ 552

THE AGENCIES GEN

$ 552. Public information; agency rules, opinions, orders,

records, and proceedings

tan Exch

agency shall make available to the public

intomation as tollows:

(1) Each agency shall separately state and currently

pubiss in the Federal Register for the guidance. of

the pazolice

:A) descriptions of its central and field organiza-

ion and the estabiished places at which, the em-

ployees and in the case of a uniformed service, the

members) from whom, and the methods whereby, the

public may objain information, make submittals.or

requests, or obtain decisions;

(B) sistements of the general course and method

oy which is functions are channeled and determined,

including the nature and requirements of all formal

and intormal procedures available;

(C) rules of procedure, descriptions of forms

available or the places at which forms may. be. ob-

rained, and instructions as to the scope and con-

tenrs of all papers, reports, or examinations;

(D)

substantive rules of general applicability

adopted

as authorized by law; and statements of

general policy or interpretations of general applica-

bitity formulaied and adopied by the agency; and

(D) each amendment, revision; or repeal of the

foregoing.

Except lo the extent that a person has actual and timely

notice of the terms thereof; a person may not in any.

manner be required to resort to, orbe adversely attected

ow, z mater required to be published in the Federal

Register and not so published. For the purpose of this

paragraph, matter reasonably available to the class of

persons affected thereby is deemed published in the

Federal Register when incorporated by reference there-

in with the approval of the Director of the Federal

Register.

(2) Each agency, in accordance with published rules,

shall make available for public inspection and copying-

(A) final opinions, including concurring and dis-

senting opinions, as well as orders, made in the

edjudication of cases;

(B) those statements of policy and interpretations

which have been adopted by the agency and are not

published in the Federal Register, and

(C) administrative staff manuals and instructions

to staff that affect a member of the public;

untess the materials are promptiy published and copies

offered tot sale.

To the extent required to prevent a

disary unwarranted invasion of personal privacy,. an

agency may delete idencifying details when it makes

asailable. or publishes an opinion, statement of policy,

NW. 54999 DooId: 32989522 Page 561

interpretation, or

manual or instaterion. However.

in each case the justification for the deletion shali be

explained fully in writing: Each agency shall ilso

maintain and make available for public inspection and

copving current indexes providing identitying intorma-

tion for the public as to any matter issued, adopted, or.

promulgated after July 4, 1967, and required by this.

paragraph to be made available or published.

Each

agency shail promptly publish, quarterly or more fre-

quently, and distribute (by sale or otherwise) copies of

each index or supplements thereto unless it determines

by order published in the Federal Register that the

publication would be unnecessary and impracticable, in

which case the agency shall nonetheless. provide

copies of such index on request at a cost not to exceed

the direct cost of duplication. A final order, opinion,

statement of policy, interpretation, or staft manual or

instruction that affects a member of the public may he

relied on, used, or cited as precedent by an agency

against a party other than an agency only if-

(i) it has been indexed and either made available

or published as provided by this paragraph; or

(ii) the party has actual'and timely notice of the

terms thereot.

•(3) Except with respect to the records made avail-

able under paragraphs (1) and (2) of this subsection,

each agency, upon any request for records which (A)

reasonably describes such records and (B) is made in

accordance with published rules stating the time, place,

tees (if any), and procedures to be followed, shall make

the records promptly available to any person.

(1) (A) In order to carry out the provisions of this.

section,

each agency shall promulgate regulations,

pursuant

to notice and receipt of public comment,

specifying a uniform schedule of fees applicable to all

constituent units of such agency.: Such fees shall be

limited to reasonable standard charges for document

search and duplication and provide for recovery of only:

the direct costs of such search and duplication. Docu-

ments shäll be fumished without charge or at a reduced

charge where the agency determines that waiver or re-

duction of the fee is in the public interest because

fumishing the information can be considered as prima-

rily benefiting the general public.

(B) On complaint, the district court ot the United

States in the district in which the complainant resides;

or has his principal place of business, or in which the

agency tecords are situated, or in the District of Coi

lumbia, has jurisdiction to enjoin the agency from with.

holding agency records and to order the production of

any agency records improperly withheld from the con-

plainant.

In such it case the court shall determine the

matter de novo, and may examine the contents of such

---

## Page 562

scener intords in camera to di

line whether such

tracy puss thereor shall be withheld

undet any

or me escaptions set forth in subsection (bi of this

section, and the burden is on the agency to sustain its

action.

1C: Norachstanding any other provision of law, the

defendan? shall serve an answer of otherwise plead to

any complaini made under this subsection within thirty

ders-atter service uoon the defendant of the pleading

which such complaint is made, unless the court

ocherise carects for good cause shown.

D) Except as to cases the court considers of greater

impourance, proceedings before the district court, as

authorized oy thig subsection, and appeals theretrom,

reke precedence on-the docket over all cases and shall

be assigned for hearing and trial or for argument at the

earliest practicable date and expedited in every way.

(E! The court may assess against the United States

raasonable attorney fees and other litigation costs

reasonably incurred in any case under this section in

which the complainant has substantially prevailed

(F) Whenever the court orders the production of any

agency records improperly withheld from the complain-

ans and assesses against the United States reasonable

atromey fees and other litigation costs, and the court.

addirionally issues. a written finding that the circum-

siances surrounding

the withholding raise questions

checher agency personnel acted arbitrarily or capri-

ciously with respect to the withholding, the Civil

Service Commission shall promptly initiate a proceed-

ing to determine .whether disciplinary. action. is war-

ranied against the otficer or employee who was primar-

dy responsible for the withholding. The Commission,

eiter investigation and consideration of the evidence

submitted, shall submit its findings and recommenda-

rions to the administrative authority of the agency con-

cemed and shall send copies of the findings and rec-

ommendations to the officer or employee or his repre-

sentative. The administrative authority shall take the

corrective action that the Commission recommends.

(G) in the event. of noncompliance with the order of

the court, the district court may punish for contempt the

responsible employee, and in the case of a uniformed

service, the responsible member.

(5) Each agency having more than one member shall

meintain and make available for public inspection a

secord

of the final votes of each member in every

agency proceeding.

(6) (A) Each agenes, upon any request for records

nede under paragraph (1), (2), or (3) of this subsection,

shall-

(i) derermine within ten days (excepting Satur-

days: Sundays, and legal public holidays) after the

recsipt of any such request whether to comply with

such request i

hall immediately norty the persou

making such request of such determination and tie

reasons theretor, and of the right of such person to

appeal to the head of the agency any adverse

determination; and

(fi) make a determination with respect to any

appeal within twenty days (excepting Saturdays,

Sundays, and legal puolic holidays) alter the receipt

of such appeal.

If on appeal the denial o! the re-

quest for records is in whole or in pur upbeld, the

agency shall nority the person making such request

of the provisions for judicial review of that deter-

mination under paragraph (4) of this subsection.

(B) In unusual circumstances as specified in this

subparagraph, the time limits prescribed in either

clause (i) or clause (il). of subparagraph (A) may be

extended by written notice to the person making such

request setting forth the reasons for such extension

and the date on which a determination is expected to

• be dispatched.

No such notice shall specify i date

that would result in an extension for more than ten

working days. As used in this subparagraph, "unusual

circumstances' means, but onlyto the extent reasonably

necessary to the proper processing of the particular

request-

(i) the need to search for and collect the requested

records from field facilities or other establishments

that are separate from the office processing the

request;

(ii) the need to search for, collect, and appropri-

ately examine a voluminous amount of

separate and

distinct records which are demanded in a single.

request; or

(iii) the need for consultation, which shall be

conducted with all practicable speed, with another

agency having a substantial interest in the deter-

mination of the request or among two or more com-

ponents of the agency having substantial subject-

matter interest therein.

(C) Any person making a request to any agency for

records under paragraph (1), (2), or (3) Of this sub-.

section"

shall be deemed to have exhausted his admin-

istrative remedies with respect to such request it the

agency fails to comply with the applicable time limit

provisions of this paragraph.

If the Government can

show

exceptional circumstances exist and that the

agency is exercising due diligence in responding to the

request, the court may retain jurisdiction and allow

the agency additional time to complete its review of

the records. Upon any determinacion by an agency to

comply with a request for records. the records shall be

made promptly available to such person making such

request.. Any notification of denial of any request for

records under this subsection shall sei forth the names

2

NW 54999 DocId: 32909522 Page 562

---

## Page 563

as of posidions of each p

responsible tor

the Artant da such request.

This section does not apply to marters that ars-

tus specitically authorized inder criteria

estab-

Fished by an Executive order to be kept secret in the

incerast of national defense or foreign policy and (B)

ace in rade properly classified pursuant to such Exec-

utive order;

+ Ex relaced solely to the internal personnel rules and

practices of au agency:

3) scectrically exempted from disclosure by statute;

10 trade

secrets and commercial or tinancial infor-

madon obtained from a person and privileged or con-

Odenriel:

(5) inter-agency or intra-agency memorandums or

laters which would not be availabie by law to a party

other than an agency in litigation with the agency;

E, personnel and medical files and similar files the

disclosure of which would constitute a clearly un-

mmersed invasion of personal privacy;

1i inrestigatory records compiled for law enforce-

ment purposes, but only to the extent that the produc-

con ot wich records would (A) interfere with enforcer:

ceos proceedings, (B) deprive i person of a right to d

fair trial or an imparcial adjudication, (C) constitute an

unmaranted invasion of personal privacy, (D) disclose

the identity of a confidential source and, in the case of

a record compiled by a criminal law enforcement au-

inorira in the course of a criminal investigation, or by

an egancy conducting a lawful national security intel-

Ligence

investigation, confidential information fur-

nished only by the confidential source, (E) disclose

investigarive techniques and procedures, or (F) endan-

ger the life or physical safety of law enforcement

personnéi:

(S) contained in or related to examination, operating,

or condicion reports prepared by, on behalf of, or for.

the use of an agency responsible for the regulation or

supervision of financial institutions; or

(9) geological and geophysical information and data,

iscluding maps, concerning

weils.

Any reasonably segregable portion of a record shall

ne provided to any person requesting such record after

deletion of the portions which are exempt under this.

subsection.

te. This section does not authorize withholding of

intomation or limit the availability of records to the

public, except

as specifically stated in this section.

Tais section is not authority to withhold information

from Congress.

rat On of before March 1 of each calendar vear, each

agency shall submit a report covering the preceding

calendar rear to the Speaker of the House of Repre-

sentatives and Pre

sent of the Senate for retoral to

the appropriate committees of the Congress: The report

shall include-

(1) the number of determinations made by such

agency not to comply with requests for records made

to such agency under subsection (a) and the reasons

for each such determination;

(2) the number of appeals made by persons under

subsection (a) (6), the result of such appeals, and

the reason for the action upon each appeal that re-

suits in a denial of information;

(3) the names and titles or positions of each

person responsible for the denial of records re-

quested under this section, and the number of in-

stances of participation for each;

(4) the results of each proceeding conducted pur-

suant. to subsection (a) (4) (F), including a report

of the disciplinary action taken against the oficer

or employee who was primarily responsible for im-

properly withholding records or an explanation of

why disciplinary action was not taken;

(5) a copy of every rule made by such agency

regarding this section;

(6) a copy of the fee schedule and the total a-

mount of fees collected by the agency for makiny

records available under this section; and

(7) such other information as indicates efforts to

administer fully this section.

The Attorney General shall submit an annual report

on or before March 1 of each calendar year which shall

include for the prior calendar year. a listing of the

number of cases arising under this section, the exenip-

rion involved in

each case, the disposition of such

case, and the cost, fees, and penalties assessed under

subsections (a) (4) (E), (F), and (G). Such report shall:

also include a description of the efforts undertaken by

the Department of Justice to encourage agency com-

pliance with this section.

(e) For purposes of this section, the term "agency"

as defined in section 551(1) of this title includes any

executive department, military department, Covernment

corporation, Government controlled corporation, or

other establishment in the executive branch of the

Govémment (including the Executive Office of the

President), or any independent regulatory agency.

The amendments made by this Act shall take effect

on the ninetieth day beginning after the date of en-

actment of this Act.

Pub. L. 93-502, S8 Stai. 1561 Nov. 21, 1971.

WW 54999 DocId: 32989522 Page 563

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## Page 564

FEDERAL BURKAU OF INVESTIGATION

POSTFONKHENT INFORMATION SHEET (JFK MATERIALS)

Page (s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Recoras Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[]

Subsection 1B (intelligence source or method)

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection 2

(living person who provided

confidential information)

[1 Subsection 3

[] Subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently requiring

protection)

[] Subsection 5

(security or protective procedure,

currently or expected to be utilized)

I Information pertained to a matter unrelated to the JFK

Assassination investigation.

For your information:

FOIA

The following number is to be used for reference

regarding this page (these pages) :

62-107060-8307X Bulky

XXXXXXXXXX

XXXXXXXXXX

xxxxxxxxxx

xxxxxxxxXX

xxxxxxxxxx

XXXXXXXXXX

NW 54999

DocId: 32989522 Page 564

---

## Page 565

296-9750

mickey

Lery

an est -

to ta t So-Hat HIM-4+1+4447-49 +9-15 149-01

+1=0-187--0-=--SIMSIIA-01.199

ritatou undered ted bet 2 1-45

-=..

==eee===.w..

NW 54999

DocId:32989522

Page 565

---

## Page 566

--,

Iíx. Cochran

1-11. Cochren

1-Office

10/1/75

C-tir- Kilty

il. Jo Stack, JI.

LICKEY LEVY

INFORMATI ON CONCERNING

On 9/26/75y 3 man who identified himself as Mickey

Levy, ¿ free lance journalist, appeared at FBIHQ and wanted

to talk about neutron activation analysis. SA John W. Rilty

was assigned to talk to Levy.

waivation at ate.

Levy stated that he was a pharmacist who got into

writing about scientific subjects and he wanted to prepare

an articue about thE LOtenSiC uses of Nad and then attempt

to sell it

to & newspaper or uegarther

Without any "preliminary

discussion" levy asked hos we analyzed lead and, what our

conclusions were concerning leade

examine lead by shA and emission spectroscopy and that our

conclusions depend on the nature of the date we obtain. Levy

asked to see data of a "typical lead analysis" and the

conclusion that this data warranted. Kilty idvised Levy

that he would not show him any data.

Levy then asked about

the various elements detected in lead and what each element

He was answered generally concerning the elemente

present in lead. Levy asked a hypothetical question about

a lead analysis conducted on bullets in the RFK assassination

is hypothetical had so many variables and there were

i number of terms such as "identical" which con be interpretec

differently that Kilty told him such a question could not be

Kilty told Levy that elemental analysis of lead

was not i

answered. "fingerprint" exon and that compositional nalysis

without other evidence certainly was inadequate fron an

investigative standpoint

the are i need i see in this cut can the band ro

was not aware of any compositional analyses being performed

(CONTINUED OVER)

54999 DocId: 32989522

Page 566

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## Page 567

licmorandun to like Cochran

MICKEY LEVY

INTORMATION CONCERNING

Kilty ended the intervlew by stating that he hid

on appointment at the National Buresu of Standards-

Background information on Levy was difficult to

obtain. He

* an underground

newspaper.

He said "Newsweck" did a following article in the

Size 2 to Could remembe the die sas living near Dupont

Levy's questions concerning lead annlysis were very

specific and he showed great interest in what a lead analysis

would show in the REK cose:

ACTION: None. For information only.

JHK/kms (4)

NW 54999

DocId: 32989522 Page 567

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## Page 568

PEDERAL BUREAU OF INVESTIGATION

POSTPONEHENT INFORMATION SHRET (JFK MATERIALS)

_Pagers. withheid entirei at aris iocazion in tre tiie.

One or

nore of the foiioning

statements, where indicated.

expiain this deletion !trese deietions, .

[ ]

Deletions were made pursuans to the postponement

rationale indicated below with no segregable materia!

available for disclosure.

All references relate to

Section 6

of the "president

john F. Kennedy Assassina::or

Records

Collection Act of :392."

[]

subsection lA (intelligence agent's identity)

(1

Subsection 1B (inteliigence source or method)

()

subsection 1C (other matter relating to military

defense, intelligence operations

the conduct of foreign relations!

subsection 2

(living person who provided

confidential information)

[]

Subsection 3 (unwarranted invasion of privacy)

[ ]

Subsection 4

(cooperating individual or foreign

government, currently requiring

protection)

(1

subsection 5

(security or protective procedure,

currently or expected to be utilized.

Information pertained to a matter unrelated to the JFK

Assassination investigation.

for your information:

_FOIA

The following number is to be used for reference

regarding

this page

rthese pages

#Q 62-109060-83021

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXOXX

XXXXXXXXXXXX

XXXXXXXXXXOXX

-=

NN 54900-DocId:32989522

Page 568

---

## Page 569

TO

FRO

SUBJECT

OPTIONAL FORM NO." 1Ó

• MAY 1962 EDITION

GSA FPAR (61 CF2) 108-11.8

UNITED STATES GOVERNMENT

Memorandum

I: Cochran

OUTSIDE SOURCE.

J. Decker

FREEDOM

EMORY L

JOHN F.

INFORMATION ACT REQUEST OF

BROWN CONCERNING THE

KENNEDY ASSASSINATION

DATE: 6/4/76

Assoc. Dir.

Dap. AD Adm. -

Dap. AD Inr. _

Asst. Dir.:

Admin.

Conp-515861

Ext. Affoirs —

Fllas & Cora. -

Gari. Inv. -

lan. & Eval. -

Spac. Inv. -

Training -

relephone Rm. -

Diractor Sac'y -

PURPOSE

This is to establish facts in order to respond to la

the inquiry of MI. Brown,

and to furnish any additional

documents as requested in his attached letter.

DETAILS

Mr. Brown has made previous requests and has been

furnished documents from the Laboratory through the Freedom of

Information/Privacy Acts (FOI/PA) Section in connection with

specific requests regarding the results of spectrographic and

neutron activation analyses.

He is now asking for any additional

worksheets which are available that he may not have requested in

the past.

It is the understanding of the FOI/PA Section that

neutron activation analysis examinations were done only on the

paraffin casts, (053A through Q53G) and the bullet fragments,

(Q1, 02, 04, 05, 09 and l14), and that he has received

these.

The file containing his previous requests

Is

forwarded

with this memo for the information of the Laboratory.

RECOMMENDATIONS

1.

That the Laboratory advise in addendum that FOI/PA

Section would be correct in telling Mr. Brown he has received all

reports

concerning neutron activation analysis.

REC-51

10 - 7151

2..

ENCLOSURE

OCT 12 1977

ST-124

Enclosure

M (see Laboratory addendum page 3)

CONTINUED OVER

Mr. Kilty

mse: meb l (4)

Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan

5010-108

NW 54999 Docid: 32989522* "Page 569*

---

## Page 570

masi

Decker to Cochran memo

RE:

FOI/PA request of Emory L. Brown

2. That the Laboratory advise FOI/PA Section if

MI. Brown has received all worksheets regarding the spectrographic

analysis examinations; or, in the event that he has not, furnish

any remaining copies that are available for release.

3. Return the results along with the file to FOI/PA

Section, attention Marion Edgemon, for response to Mr. Brown.

Please

advise of Agent time spent

on this request.

- 2 -

54299

DocId: 32989522

Page 570

:. .

---

## Page 571

Juk

LABORATORY ADDENDUM

J. W. Kilty:rle:

7/14/76 (Enclosures 16)

1. A review of 62-113452 indicates that Mr. Brown has

received the neutron activation analysis (NAA) data and results

on specimens el, 02, 04, l5, 09 and Q14.

These are the only

metal fragments

examined by NAA.

Mr. Brown has never requested

NAA data and results on the paraffin casts from Oswald's hands

(Q53A through Q53G) and the file does not show that these data

and results were ever furnished to him.

It is noted, however,

that he has never requested them.

Enclosed are four pages of information concerning

the

paraffin cast examination.

These pages may be released to

MI. BrOWn.

It is noted that the Laboratory has on hand the

"raw data" upon which the calculations on one of the four pages

are based. These "raw data" are not being released inasmuch as

then gay data.

Mr. Brown may have no interest in the paraffin casts at all.

There were no NAA examinations conducted on the lead.

smear found on Q609 nor any of the clothing from President Kennedy

or Governor Connally•

2.

Mr. Brown has been furnished with notes concerning

spectrographic examinations of specimens listed by him.

According.

to his April 21, 1976, letter, Mr. Brown appears to ask for any

spectrographic examination documents which are available.

Enclosed are notes and worksheets containing spectrographic

examinations conducted on the President's clothing (PC-78282) ,

Governor Connally's clothing (PC-80185), a wrist watch and ring

(PC-78339) and bullets from Officer Tippit (PC-79846). You should

Do ter at nations

be aware that the last two documents listed refer mainly to the

Tippit shooting and it may be difficult for Mr. Brown to figure

out sample designations and the reason for giving him these

documents. The Laboratory has no objection to the release of

these documents.

These documents have not been released to

Mr. Brown previously because he has never asked for them.

3. Agent time spent on this request was four hours.

NW 54999 • Docia: 32989522 Fage 571

---