REPORT: THE PHOTO OF AN UNIDENTIFIED INDIVIDUAL IN THE WARREN COMMISSION REPORT: A FACTUAL CHRONOLOGICAL SURVEY.
Agency: CIA
Originator: CIA
Document date: 5/2/75
Document type: PAPER-TEXTUAL DOCUMENT

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(

2 May |1975

SUBJECT : The Photo of an Uniden

Commission Report:

REFERENCE: Memorandum by Dak

15 April 1975

in the Warren

cono logical Survey

• E. Harry Knoche,

tchm

1. Reference memorandum suggests

it would be appropriate to

reconsider full disclosure at this time of the circumstances and factual

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

realistic evaluation of the suggestion.

Background

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

photograph considered by the President's Commission on the Assassination

of President Kennedy (hereinafter cited as

arren

Commission) and

introduced into evidence as Odum Exhib

The photograph

(together with others

of the

Same

See Hearings Before the President

REPROD

ROHIBIT

nated

from a highly

Commission on the Assassination

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

XX, p. 691.

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sensitive intelligence operation

CIA and Mexican security authorities

ag

Embassies in Mexico City.

nst

October 1963 by the

Soviet and Cuban

3. Under the extraordinary

effort to develop information

on the assassin and

the assassination, copies of the photograph were

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

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

assertedly on the decision of

the Ambassador, copies were conveyed by

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

Attache

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

investigation. One photograph, cropped by the FBI, was shown to

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

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

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

at pp. 364-365 and 667 (Attachment B) which ltimately resulted in

Mrs. Marguerite OSWALD's allegation that

photo of Jack RUBY the day before

complication compounding this

ageous

Had been shown a cropped

son. (A further

sion was the fact that

when she had been shown

a

photograph in her appearance

before the Commission,

it

had

goopped by the FBI in Washington in

slightly different manner.)

5. No detail in the Warren Commission report illustrates more

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

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(

politicized, rigidly deterministic int

nurtured by the media over the pas;

tion. The photograph, acknowl

preoccupy "specialists".

hypothesis that holds OSWALD to

double in his activity in Mexico City.?

climate that has been

the Kennedy Assassina-

to

be RUBY, has continued to

the centerpiecé of another

aye been "framed" by the luse of a

Lee Harvey OSWALD - Reporting on Mexico City Stay

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

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

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

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

an understanding of the acquisition and handling of the photographs by

the Mexico Station to review what the Station ascertained and did

with

the information it developed about OSWALD

exico

City, together with

Headquarters

action on that informatio

7. From all credible evide

own

time (none, incidentally,

added since the exhaustivel

the Warren Commission),

Lee Harvey OSWALD spent

ays and two (2) partial days--

about 116 hours in all--in Mexico

Sity from about 10:00 a.m. 27 September

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

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

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

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1963 to about 8:30 a.m. 2 October 1963

small commercial traveler hotel, not

Hotel Commercio--where he was

rea

detailed interviews and inter

nog atron,

the FBI, after the assassinat

blace of residence was a

"gringos" --the

1as.

Exhaustive and

che Mexican authorities and

Dap dished that in the récollection of

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

Assuming, and

allowing for the fact of late arrival and early

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

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

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

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

the

entire period was technical. The Station had no live

source (living

agent) coverage either unilateral or from Mexican liaison.

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

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

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

to Mexico Station files

before 10 October 1963, when the bare

his biography were

forwarded by Headquarters in resp

cabled report of

8 October which had forwarders

asis, what appeared to be

a contact by an American

eba in transit to the USSR. This

was indicated and deduced from

ically acquired information on

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

identified himself (partially) by true name.

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10. At no time during his stay

a photo of OSWALD. A careful

review

as well as photographic, of both

corducted by the Station on

in Matio

ty

did

the CIA acquire

coI

voice intercept,

Cuban Embassies was

1963 after the assassina-

tion, going back to materials

'om

1963.

It is, therefore, firm

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

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

cabled request on 15 October, the Mexico Station had no photo of OSWALD

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

have one

either--before 22 November 1963.

11. Decies this intensive review of voice intercept transcripts

by the monitor and other personnel on the basis. of the l October inter-

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

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

was. a Navy and FBI case under the Delimit:

of interest to the Department of State

Agreement, and potentialTy

ned up matches based

on

content with materials intercepted

eptember 1963.

These

matches were reported to Heada

lovember 1963. Analysis

based on voice comparison

monitor--and this was not an ins

could be recalled by the

cant element because of the

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

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

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12 It must be stressed that

the

coverage was not (and normally is

ntercept and photographic

in "real time." The

means of acquisition and the

information precludes anything

but the spot reporting of tens

jud

the monitor to be of more than

ordinary interest and, therefore

nosed in summary logs. Full texts of

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

scription or full translation or both.

Photo coverage tends to become

available in quantity lots which requires scanning and selection on a

rapid and

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

"triggers" that normally operates

to focus and accelerate more speedy

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

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

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

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

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

13.. The Mexico Station did one more

in its

8 October report

on Lee OSWALD based on its 1 October

Mercepts:

it coupled

the

data with descriptive

information

aca

from a sensitive

collateral source--a photograpa

American, who was observed

The Station reported this detai

male individual, apparently an

re soviet Embassy on 1 October.

he 8th as a matter of coincident

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

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

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Lee Harvey OSWALD - CIA Coverage of H

City Stay

14. One additional element

Must be stipulated

now as

the final precondition. to u

tand i

relevance (or irrelevance)

of the photo of the unknown

laced

in the chain of evidence

on 23 November in Dallas by FBI

Agent Bardwell ODUM: what was the

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

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

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

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

a. 21 September 1963 (Friday), 1605 hours Mexico City time.

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

Embassy, Consular

section, a receptionist, speaks with an unknown

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

American citizen was there, the one

ts a visa for Cuba on

his way to the Soviet Union, and

to know with whom he was

talking there because she

sent him to the Soviet

Embassy saying that if

the Cubans (Embassy)

and

gave him a visa, then

him a visa without further

paper work, only advising

Imn

(gration in Cuba. The American, she

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

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

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

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Silvia DURAN explains the same thing

leave a name and telephone number

This man says to

will call back.

Silvia DURAN gives the teleph

She also takes advantage

ban

Consulate).

ion and states she has

moved and wants to advi

Embassy of her change of

address so that she can receive

the Soviet Embassy's Bulletin.

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

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

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

The man says

thanks.

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

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

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

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

Consulate in Washington, that he wants

to the Soviet Union

and be there for a long time with

who is Russian, but

the answer has not come from

on

spect to this problem,

and according

to this

our or five months, but

without having permiss

Soviet Union they should ask, or

better said, they cannot issu

visa

there without asking Washing-

ton. However, according

to this man, he showed a letter indicating

he was

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

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

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for the Soviet Union, and now he (the

does not know what to

do with him (the American), because

ave

to wait for an answer

from Washington.

Silvia DURAN

agr

Tem

exists with the Cubans,

that the problem with

is that he does not know

anyone in Cuba and therefore

Hat is true

it will be

difficult

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

of proces-

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

require waiting

a long time for his visa

to the Soviet Union while

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

the

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

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

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

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

this permission, for example here or

ace she could receive it

(visa or permission), but right

do

not have them.

Silvia DURAN says certainl

give a letter either

because they do not kno

P be approved. The Soviet

says he cannot give

does

not know him (the Ameri?

commendation either because he

and asks to be excused for

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

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

Silvia DURAN calls the USSR Embassy and talks to an unidentified

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Soviet. She says that in the Cuban

American who was at the Soviet Emb

there is a North

Soviet says wait

minute. Silvia DURAN speaks

Spanish that they gave AP

number down--Silvia DUl

someone--and comments in

one 14-12-99

and to take the

then

he American

citizen is going

to talk with you, i.e., the sondet.

The American first speaks

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

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

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

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

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

The

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

address. The

Soviet says I know that. The American, in hardly

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

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

The Soviet says why don't you come again

and

leave your address

with us, it is not far from the Cuban

The American says

I'll be there right away.

d. 1 October 1963

Dours Mexico City time.

An unknown male (Ameri

Soviet Embassy, the Military

Attache's number, 15-69-87,

ays to an unidentified Soviet

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

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

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and I wanted to. ask you

if there is

I would like

to ask you

it down:

15-60-55, and

to

call

ask

ROOSTE

79

new?

The Soviet says

phon

a Dumber?

Please write

Thank you.

e. 1 October 1963

45 hours Mexico City time.

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

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

This is Lee OSWALD speaking.. I was at your place last Saturday and

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

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

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

He is dark (hair

or skin - ?). OSWALD says yes.. My name is OSWALD.

OBYEDKOV

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

have not received

anything yet. OSWALD says: Have they done

anything? OBYEDKOV says:

Yes, they say

that a request has been

sent out, but nothing has been rece

yet. OSWALD says, and

what . ..? OBYEDKOV hangs

16. Each of these

items

texts of the raw intercepts,

were read by, discussed wi

by. Warren Commission staffers

in Headquarters and at the Mexical

tation during a stay from 8 - 13 April

1964.3 All were made available promptly to the FBI.

!

3

The Warren Commission group that visited the Mexico Station consisted

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

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17. Summing up, we can state, or

infer from the intercept evidence,

th

the following contacts with the

Cuban

arld

in Mexico City.

Sou

nterpretation reasonably

or could have made

official establishments

a.

27 September 1963

After arrival and check-in to

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

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

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

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

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

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

with at the Soviet Embassy.

intercepts a - e above, but others for the 274

that seemed to have relevance.

These have

summary because they appear, on review, t

matter

on logical or substantive grounde

the Soviet Embassy received many call

and one for 3 October

den included

in this

Xcludable from the OSWALD

oth

bearing in mind that

o visa matters.

On the 27th at 1037 hours

received a call from

an unknown individual speaking

& he wanted visas

to go to

odessa.

He was told the Conse

to call back at 1130.

OSWALD is known to have arre

na Roja bus terminal on

bus

#516 at circa 1000 hours on

was, therefore, possible for

him to have made this call.

But gr

ating this, it is unreasonable to

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

a.

The caller wanted visas, and specifically for Odessa.

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

the Black Sea port of Odessa as a destination.

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There was no photographic cover

into either the Cuban or Soviet Emba

OSWALD's entries

he

27th.

The lack of

coverage on the Cuban installat

the camera,

based on the recollection

in service in Head-

quarters, was down on t

mechanical malfunction,

which was in course of corrections

Why OSWALD was missed in his

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

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

28 September 1963 (Saturday• [Note: Both the Cuban and

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

graphic coverage was normally suspended Saturdays and Sundays.]

b.

number: 15-60-55.

The call was directed to the correct Soviet consular

On 1 October,

OSWALD first called the wrong

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

the correct number, 15-60-55.

likely he would have made

what would have been his initial

von

iday the 27th, to the

correct number, and called the

on 1. October.

There

is every rea

intercepts, para 15, a-e

after arrival and check

from the context of the

D's first destination

, was a visit to the Cuban

Embassy.

d.

The use of the Spanish

language would exclude OSWALD unless

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

known of his modus operandi.

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

then English, called the Soviet Embassy and asked for

respondent says: Call on the other phone..

The Soviet

• The requestor says: I'm

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OSWALD, notwithstanding the holiday schedd

morning to the Soviet Embassy (his

a Consul. He apparently could n

At circa 1151 hours he went

went on Saturday

sit, where he spoke to

a new. Texas

address.

Limbassy-his third entry-

where he had registered

Shis

application the day

previously. He secured

the

add

# from Mrs. DURAN and she called

the Soviet Consulate presumably to permit him to give

them the

address over the phone. Instead, the Soviet with whom OSWALD spoke

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

and he

said he would immediately. Presumably, thereupon OSWALD went

back to the Soviet installation (his third entry).

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

telephone of the Consul, 15-60-55.

The requestor says:

One moment

please, I'll have to get a pencil to write

Number down.

the visa there? The Soviet:

They issue

That depends.

know about this business.

ur conversation.

I don't

The

requestora

or the number again.

The

Soviet gives him the

number and

tells

or the Consul of the

Soviet

Embassy in Mexico.

The relevance of this inte

excludable on three

grounds:

a.

The use of brok

Russian or English.

He Rad

conversation of this kind.

OSWALD throughout used broken

Ompetance in Spanish to handle a

The substance

of the request indicates a visa request in

the first stages of initiation.

OSWALD had developed his matter

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

well beyond the

stage indicated by the substance of this call.

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

d. 30 September 1963 (Monday

(It is known that OSWALD reserv

RaCe

Loredo bus, departing 2 Octo

1963

activity

registered.

§date on

a Mexico City-

0830

hours.)

1 October 196

OSWALD made at least two calls,

at 1031 and 1045 hours,

to the

oviet Embassy. He identified himself

twice during

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

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

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

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

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

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

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

concerned with whether any reply had been received from Washington.

Under

those circumstances, it is unreasonable to believe OSWALD

would have gone to the Soviet Embass

sat date.

18. The camera at about mid

Soviet Embassy of a white-shirted

he entry into the

in the opinion of the

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

evidence,

the early morning

of the previous day, 2 October, and

could not have made this local call.

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Station, among all the persons photographed s

only person--a non-Latin, and possibly

installation. On the chance there

identification data derived

day, appeared

to be the

who entered the Soviet

be

association between the

Intercept and the descriptive

data derived from the photograph,

ion reported the two elements

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

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

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

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

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

dence and reporting.

Developments from 8 October - 22 November 1963

20. Mexico Station reported

to Headqua

Headquarters 9 October) the following

(1) On 1 October

196

broken Russian

stated he was at

Sor Emb

on 8 October (received in

nformation on OSWALD. 4

who spoke

ee OSWALD (phonetic),

September when he spoke.

4 Cablese has been rendered here, and throughout, into readable English,

without substantive changes or

omissions.

Cryptonyms and pseudonyms

have been omitted or put into clear text.

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with a consul whom he believed to be

Vladimirovich KOSTIKOV. Subject

K Be

the

Soviet

guard [Ivan] OBYEDKOV, who

anything

new regarding

OBYEDKOV upon checkirig

received yet, but the request

was

Washington.

nothing

ad

been sent.

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

who appeared to be an American entering the Soviet

Embassy at 1216 hours, leaving 1222 on 1 October.

Apparent age 35, athletic build, circa 6 feet,

receding hairline, balding top. Wore khakis and

sport shirt.

(3) No local dissemination was being

made by the

Station.

21. On 10 October 1963 at 2012Z time the

WHD

ivision

responsible

for action disseminated

this report to the

nt

of State, the FBI,

and the Navy Department by routine

elec

sion,

adding some

collateral details drawn from a

ew:

(1) On 1 October 19630

sensitive

source in Mexico reported that

an American male,

who identified himself as Lee OSWALD, contacted

the Soviet Embassy in Mexico City inquiring

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mother the sames he rectl

con-

cerning

a telegram which

o been

Washington. The Amer

approximately 35

old

build, about 6 feet

tall

sonts

Weed as

riod an athletic

a "receding"

hairline.

(2) It is believed that OSWALD may be identical

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

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

who defected to the Soviet Union in October 1959

and later made

arrangements through the United

States Embassy

in Moscow to return to the United

States with his Russian-born wife, Marina

Nikolaevna PUSAKOVA [sic] and their child.

(3) The information in paragraph (1

disseminated to your representat

Any further information rece

will be furnished

you.

made available to the

Service.

is being

Mexico City.

subject

s being

Naturalization

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

book" and in good time, there were

a number of errors in this advisory

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

case:

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a. OSWALD's middle name

The reason for this mistake

"Henry" for Harvey.

self. The sheet opening

the file on OSWALD

on

amber

nad been erroneous ly inscribed

"OSWALD, Lee Henry.

unchanged except for the notation of

the error--is still the firstsheet in the OSWALD file.

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

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

Headquarters communications throughout the month). More important was:

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

a concurrent, but separate, phenomenon, the description of an individual

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

to

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

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

the unidentified

individual. as "The American."

There

can be no question that this misreading

was an

analyst's error which escaped det

release: the descriptive details ati

mark as to be immediately recogn

the Mexico Station report

the coordination before

D were so far off the

the recipients in Head-

quarters, among whom both the

trad

photos of OSWALD. (In partial

explanation, if not exculpatio

recalled that as of that moment CIA

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

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

the cable composed by the same

analyst and sent as of 2209Z time (two

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

19

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(1) Lee OSWALD who called SovEmb.

october

probably identical

Lee Henry

WALD

born

18 October 1939, New Or leange

ormer

radar operator in Uni

who

defected

to USSR

Lober

OSWALD is

five feet, ten inches, one my

red sixty five

pounds, light brown wavy hair, blue eyes.

(2) On 31 October 1959 he attempted to renounce

his United States citizenship to the United States

Embassy in Moscow, indicating he had applied for

Soviet citizenship.. On 13 February the US Embassy

Moscow received an undated letter from OSWALD

postmarked Minsk on 5 February 1961 in which sub-

ject indicated he desired return of his US passport

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

to some agreement concerning the dropping

of any

legal proceedings against me.": On:

son his

own initiative he appeared at

11 th

his wife to see about his

subject stated that he

never

applied

for Soviet citizensh

and

application

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

temporary extension of his tourist visa pending

outcome of his request. This application, according

to OSWALD, contained no reference to Soviet

20

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citizenship. OSWALD stated that he

been

employed since 13 January 1960

radio and tv factory in Min

as a metal worker in

ShOp

married on 30 Apri

to

brussian

here

he worked

OSWALD was

Nikolaevna

PUSAKOVA [sic], a dentaN

dedgmician born 17 July

1941, USSR. No Headquarters traces. Не

attempted to arrange for his wife to join him in

Moscow so

she could appear at Embassy for visa

interview. His American passport was returned

to him. US Embassy Moscow stated twenty months

of realities of life in Soviet Union had clearly

had a maturing effect on OSWALD.

(3) Latest Headquarters information was an FBI

report dated May 1962 saying the FBI

d

deter-

mined OSWALD is still a US citizer

e) Both he

and his Soviet wife have exit

Department of State

had

91

appray

the ir

travel with their infans hold

(4)

The Station should pas?

the

information of

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

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

locally. The information given above as

21

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paragraphs (2) and (3) originated

the FBI.

(5)

Reference and possib

being disseminated

eadquarte

FBI,

State,

Navy, and I&NS.

PT

ke

quarters

advised on any further

contacts

or positive

identification of OSWALD.

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

description should have been sufficient, in view of the incongruities

with the details deduced from the photo of the unidentified

male, to

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

work out that way.

25. Mexico Station on 15 October 1963 asked Headquarters to

"please pouch a photo of OSWALD." Headquar

electrically delivered

to the Department of

the Mary the follo

message on 24 October 1963.

"Lee Henry [sic] OSWALD

"It is requested

as soon as possible two

to this office

NgS

of the most recent

photograph you have of subject. We will forward

them to our representative in Mexico, who will

attempt to determine if the Lee OSWALD in Mexico

City and subject are the same individual."

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No photo had been received by CIA by 22

1963.

26. Within its limitations

and

Mexico Station had

done all it could to comply wit

Onstructions:

a.

Headquarters had

been

and

in turn those agencies

with an investigative or policy interest in OSWALD as an American

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

the field.

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

because--as it was ultimately

ascertained--he had left Mexico City

on 2 October.

c. OSWALD was not an Agency investigative responsibility, in

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

efforts, triggered by the other intereste

U.S. agencies, to have

made a positive identification in

OSWALD's hotel registra-

tion under alias.

There the matter rested

unti

gaj

Done

mber 1963.

The Insertion of the Photo of the

nidentified Individual into the

Chain of Evidence

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

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

23

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(

possibly in connection with the assassinatest and

referenced

its

earlier messages

and 15

anters' reply of

10 October. The Station request

"priority pouch a

of

that Station

can check'

all recent coverage

for OSWALD. Forward-

ing

soonest copies of only visitor to Soviet Embassy

on 1 October who could be identical with OSWALD."

28. It is clear that Mexico Station had forgotten that

according

to its own communication the unidentified male in

the photo was of

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

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

person whom they regarded

as the "only visitor to the Soviet Embassy on

1 October who could be identical."

29. The Station meanwhile had

exhaustive and accelerated

review of all its technical and

ligence.

A dispatch

was prepared in accordance wit

given in the cable of

22 November, cited in paras

The dispatch noted that

photo coverage of the uniden

ingrividual had turned up on 4 and

15 October at the Soviet and Cuban Embassies, respectively.

The

text

of the 22 November 1963 pouched dispatch read:

"1. Attached are copies of the only photographs

obtained

... : on 1. October 1963 which appeared

24

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to be

an American. This same man

Embassy on 4 October 1963.

ed the

Soviet

"2. Copies of these phot

U.S. Ambassador on 22

aphs

wen

shown to the

agand a copy of

each of the two photog

ven

to

Chief FBI,

Mexico, on that date .

"P.S. Photographs dated 15 October 1963 were

inserted after typing of dispatch. These were

taken as [the] person entered the Cuban Embassy."

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

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

(unmarked on reverse) showing

the individual i

seem to be logical that the word "se

paragraph two of the dispatch between

rds

black shirt. It

probably omitted from

and "photographs."

30. That the Station was

apparent from the text of

the

ratch

gorced draft is clearly

tacked on a material fact

as a postscript. That fact was

Headquarters at 0053Z time, 23 November:

еб.

simultaneously by cable to

"1. Mexico Station has photos same unidentified

American type

who is possibly OSWALD entering

Cuban Embassy on 15 October. Searching

for

. 25

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possibility

photo-docume

uban Embassy

other days.

"2.

Also

departure Mexic

es

ita

SP OSWALD entry and

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

Station

to send a staff member with all photographs to Headquarters on

the next available flight.

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

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

telephone with the Western Hemisphere Chi‹

and secured permission to give copies

Division, Mr. J. C. KING,

photographs of the uniden-

tified individual to the Legal

Atta

ano

e them known to the

Ambassador.

33. What happened

nex

Jected in a personal note by the

Chief of Station to the WH

Dovist

sbief, mailed to the latter from

Dallas, together with copies

of the photographs, by the Legal Attaches

representative who delivered them to the FBI in that city.

"22 November 1963

"Dear J.C. [KING]:

"Reference is made to our conversation of 22 November

26

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Who is known to joke?

"Attached, are copies of

PROHIBIT

Ke the Legal

of the photographs

we have with the dates of the visits stamped on

the back

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

sador decided that this was important enough to

have a member of the Legal. Attache's office take

copies of these pictures to Dallas, Texas. The

Naval Attache is making a special flight from

Mexico City for this purpose. The Legal Attache's

officer who is going to Dallas

ha

omised to

mail this material to you for

"Copies of these photogr

by pouch which will

night of 22 November

re

Enso

being sent

on the

"Best wishes.

"Win [SCOTT]"

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

officer was Eldon RUDD.

27

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34. The decision to remit the ph

aph

S

to the FBI in Dallas

had been made by the Ambassador,

simultaneously with the FBI

ag

ep

Chief of

Station, who

reported to Headquarters

by cable (0244Z time, 23

"FBI

agent left here 2000

Mocal time with two copies

each of six photos of a person suspected to be

OSWALD, on a special flight for Dallas. He is

carrying envelope with one copy each photo for

airmail special from Dallas to J. C. KING at

home as per telephone conversation with SCOTT.

One copy of each of these photos plus a copy of

each of the photos

showing the same

person exiting

the Cuban Embassy forwarded by memorandum leaving

by regular pouch tonight.

In

of above does

Has still want

a staffer

tional photo(s)?"

35. Headquarters responde

23 November 1963, cancellin

0422Z time,

equ

"1.". No need sen

th photos.

We have

asked Navy for photos again, but Mexico can see

OSWALD's picture soonest on the press wire.

"2. Have just re-emphasized to FBI Headquarters

the sensitivity of photos you are

sending

and also

28

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relaying names of travelers with

Note radio says OSWALD lived under

0. H. LEE. "

ar

names.

36.

On the 23rd at 1729t time

arters

advised Mexico City:

"The FBI says that the photos of the man

entering the Soviet Embassy which Mexico

Station sent to Dallas were not of Lee OSWALD.

Presume Mexico Station has double-checked

dates of these photos and is also checking all

pertinent photos for possible shots of OSWALD. "

37. And at this point, 2048Z time, 23 November, Mexico Station

finally agreed:

"Saw photos of Lee OSWALD on

sion night of

22 November and it obvious

aDOs

se

o Dallas

were not identical with

Le OSWAL

Id in Dallas.

Dates are as given

"Mexico Station is reviewing all available photos

of persons entering Soviet and Cuban Embassies."

38.

Two hours later (2254Z time, 23 November 1963) the Station had

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

29

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"Complete recheck of photos of all

tors to

Cuban Embassy from August throug

Irst

half of

November against good press priatos

shows

evidence

Of OSWALD visit

similar

Valank against

all Soviet Embassy

Weptember.

Note, only visit we know he pade to Cuban Embassy

28 September, Saturday, on which Embassy closed

and we had not had coverage . ..."

39. With this communication the matter of the "unidentified

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

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

individual might be identical with OSWALD. This applies especially to

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

rebuttal despite the hard fact that the des

sion of OSWALD and the

unidentified individual were quite dispar

40. This review has attempte

in the case record that have

handedly with all items

Bing

agat happened. The operational

zeal, innovativeness, and

tment of all involved,

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

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

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

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

Headquarters and by the

field--or that it was not more aggressively

30

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sought by CIA, before 22 November. A pho

obviated--in a way the mere possession

evidently could not--the whole sucó

of OSWALD would have

Mexico City as an impressioni;

physical description

ration of what began in

the photograph on

1 October 1963 into a cause

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

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

clear from the facts themselves that there was nothing contrived or

conspired in what happened, unless we have now descended to that point

in human values achieved under STALIN in the USSR

and

under HITLER in

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

The Genesis and Development of Odum Exhibit<

Commission Exhibit 237

1 and

41. Special Agent of the

1963 showed one of the

SiX

day to OSWALD's mother,

Ma

the background by straight cuts.

BUM, on 23 November

om

Mexico City the previous

ODUM himself had trimmed off

vs.

OSWALD had no recognition of

the

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

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

42. The photograph shows the unidentified individual in a black

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

31

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Embassy in Mexico City on 4 October 1963,

left the city.

after OSWALD had

43.

At this point,

for themped,

that.

total

available photo

coverage of the unidentified&

aidual obers twelve (12) photographs:

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

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

(khaki-?) trousers.

b. Five (5) taken

on 4 October 1963 in front of the Soviet

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

high-neckline undershirt showing and dark trousers.

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

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

The negatives

of all

of these are

ex

as integral parts of the OSWALD

are now held in Headquarters

e holdings.

44. The result of

cropped version of one

he photograph--to repeat, a

›ünder paragraph 43b, above--was

Mrs. Marguerite OSWALD's allegat

on that she had been shown a picture of

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

Again

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

of this erroneous charge and requires no repetition here.

A complica-

ting fact developed along the way was Mrs. OSWALD's (correct) observation,

32

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when she finally admitted before the Commission that the ODUM photograph

was not RUBY, was that the photo had been

one she had been shown in Dallas.

Inspec

repped differently from the

OMALLEY's cropped version of

the ODUM photograph became Commi,

in Axhibite

(see Hearings,

Vol. XVI, p. 638). :

45. The net effect

pments in the hearings of the

Commission was to require the admission of the cropped photograph into

evidence

in a chain of depositions beginning with ODUM, including the

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

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

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

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

46. Mexico Station and other senior Agency officers strongly

advised against the publication of the

grounds that the Soviets would be

ograph in

any form on the

alerted to the existence

of a useful and continuing U.S

eration, and the opera-

tion would go down the

drai

repeated cables exchanged on

this point between Heada

co Station during the summer

of 1964, in particular fron

23

Rember to 15 October 1964 when the

Station had plans underway to abandon the operation.

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

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

33

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Mr. RANKIN by memorandum of 23 June 1964 wk

additional observation:

included

"The Central Intelligen

recommends

that

this photograph not

sion's report bed

ease

spree in the cornis -

confidential and productive operation. In

jeopardize a most

addition, it could be embarrassing to the indivi-

dual involved who as far as the Agency is aware

had no connection with Lee Harvey OSWALD or the

assassination of President KENNEDY."

the following

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

the DCI's statutory obligation to protect

sources and methods.

The

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

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

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

23 June 1964. And the operation did, as

predi

cted, go down the drain.

Within a week of the public appearance

Sdum Exhibit No. 1 and

Commission Exhibit 237, members

of

let

assy began systematic

efforts to survey the surround.

Idinge

ostensibly for rental

space, but clearly their

JeS

écted to spotting possible

camera sites. The operation was

tenued in any case. Within a year

it had

become

almost totally unproductive in coverage on Americans in

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

was being warned away by the Soviets themselves.

34

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Phase III: The "Unidentified Man" Photogr

1964 - 1975

49. As could be foreseen,

they

bee

ersistent pressure by

critics of the Warren Commissia

t

t Odum Exhibit No. 1

and Commission Exhibit No.

interpretive purposes. A

considerable correspondenc

ated since the end of 1964 in

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

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

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

of the photograph and the foreign liaison relationship which made the

acquisition possible.

50. Following are highlights from the correspondence during the

current phase.

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

of the Agency, Lawrence R. HOUSTON, C,

statement about the photograph

District Court for the Parish

Juntarily submitted a

BAGERT of the Criminal

te of Louisiana.

The response dealt affi

contents of the subpoena

that had been delive

States Marshall in the District

of Columbia, despite the

face

the subpoena could not be

executed because of the lack of jurisdiction.

Mr. HOUSTON proferred on Agency behalf categoric assur-

ances to the court regarding the inaccuracy of statements and

35

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ECRET

RUCTION

inferences made by Mr.

about the

photograph

of the unidentified

lowing is extracted from

Mr. HOUSTON's memorandu

"Because of the publicity which has surrounded the

Orleans Parish Grand Jury proceedings, we have

recently carried out an exhaustive search of the

files of the Central Intelligence Agency for any

picture of Lee Harvey OSWALD taken in Mexico. As

a result of this search, I can state categorically

that the files of this Agency do not contain, and

never have contained, any such picture of

Lee Harvey OSWALD taken in Mexico and that we have

no information whatsoever that any such photograph

ever existed.. To the best of our knowledge and

information, therefore, there

i

ich photograph.

Furthermore, the photograp

Warren Commission Rep

printed in the

7 in Volume

XVI, never conta

figure in the

figure, and the

to our knowledge, has

its an individual who,

been identified. The

circumstances of the filing of

this photograph with

the Warren Commission are set forth in affidavits

on pages 468 and 469 of Volume XI, Hearings Before

the President's Commission on the Assassination of

36

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President Kennedy.

of any photograph that

le

le no record

the

description of the

requested

in the subpoena.

"I hope you will accept this

information

in

this

form in the spirit of cooperation in which it is

proferred."

b. The Agency has repeatedly serviced requests about the

identify of the unknown individual from Mr. Emory L. BROWN, Jr.,

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

exchange of correspondence in our record covered the period

4 - 17 April 1970.

c. Detailed inquiries on the unidentified individual were

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

on 15 November and 14 December, respes

from

Mr. Paul L. HOCH, 1735 Highland

rkeley, California.

d. The most

extens

individual was

and is

the unidentified

mage

Bernard FENSTERWALD, Jr., who

is now Executive Director of

ommittee to Investigate Assassina-

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

on

22 March 1971, shortly after the Agency declassified Commission

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

37

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FBI's declassification

of

Cor

1971, Mr. FENSTERWALD was

with the General Cou

t No. 556.

On 8 April

Ngency

for a discussion

of

his question

about the

photograph of the unknown

dal. Two other

photographs of

the unidentified individual,

in

addition to the photograph

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

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

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

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

representative of the Agency in attendance that he knew who the

unidentified man was. The following

is extracted from Mr. HOUSTON's

Memorandum of Record, 8 April. 1971:

"3. Mr. FENSTERWALD came to my office this

morning with his partner, William G. OHLHAUSEN,

looked

at the other photographs, and told us he

did know who the man was.

He

serving a prison term somer

presently

ted

States and

admitted

WALD, but

Mr. FENSTERWALD

ing

to indicate

any connection between

in the photographs

and the assassination of President KENNEDY.

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

this time, as he said enough people had suffered

unnecessarily from allegations that they were

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associated with the assassi

say he was sure we had

DUCTION

on

sid

He

asked if he could

the

agraphs, and I

asked how he could use them

›He

said he did

not know and finally agreed that for the time

being he would not press his request. .

The whole meeting was extremely friendly and

they thanked us

for our response."

The following is extracted from the Memorandum of Record

by the other CIA man present, Mr. Arthur E. DOOLEY.

"Mr. FENSTERWALD. said he knew who the person

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

nervous to come forth

on his own. FENSTERWALD

would not give the man's name but sa

is an

American, serving

a prison

ter

country

on a criminal charge,

and

in Mexico. I asked

OSWALD

had any

conspiratorial

re

SWALD.

FENSTERWALD replied he di

net know the answer

as he had not interviewed the man as yet. We

reiterated that we did not know who the man

was, and said that we would like to know his

identity. FENSTERWALD replied that CIA has a

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thick file on the unknown man,

be furnished his name in

du

ill

Mr. FENSTERWALD

in his subsequent

conversations and correspondence Do

Tis allegation about the identity

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

be of direct evidential interest and possibly permit us to assert.

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

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

all.

Attachment A: Memorandum by David W. Beki

dated 15 April 1975,,

the Man Who Was Not

of Books, by Bernat

Attachment B: Pages aE4, 36225

report.

elster

E. Harry Knoche,

tachment:

"The CIA and

he New York Review

George O'Toole.

Warren Commission's

40

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