Document date: 00/00/0000

## Page 1

File #:

66-4A-6270

Serial Scope:

1-./

NW 55236

Docid: 32969514- Lage 1

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## Page 2

FD-36 (Ros: 5-22-78)

TRANSMIT VIA:

= Teletype

• Facsimile

Airtel

FBI

PRECEDENCE:

• Immediate

• Priority

• Routine

CLASSIFICATION:

I TOP SECRET

• SECRET

• CONFIDENTIAL

D UNCLAS EFTO

O UNCLAS

Date 5/14/79

TO:

DIRECTOR, FBI

(ATTENTION: LEGAL COUNSEL DIVISION)

FROM:

SAC, LOS ANGELES (66-6270)

SUBJECT: CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE

OF THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF ELMER "GERONIMO"

PRATT

BUDED - 5/18/79

Re Bureau airtel to Los Angeles, dated 4/23/79.

Enclosed for the Bureau are the original and five

copies of an LHM in response to captioned inquiry.

ADMINISTRATIVE

The Bureau is referred to a previous Los Angeles

LHM captioned, "DARTHARD MAURICE EDWARD PERRY" dated 12/3/75,

Los Angeles file 66-6270, in response to Bureau teletype

to Los Angeles 12/2/75, captioned "HOUSE STUDY," which LHM

set forth in summary form and in positive statements information

which PERRY had furnished concerning past members of the

defunct Black Panther Party (BPP) in Los Angeles, California.

Office of Legal Counsel may wish to review that LiM for

pertinents in connection with the current congressional

inquiry.

4 - Bureau (Enc. 6)

(1- 170-20684) (PERRY) (Info)

Angeles

66- 6270)

62- 170-2658)

"TWOH: 1bf

(8)

66-6270-57

ar

Approved:

NW 55236 DocId: 32989814 Page 2

Transmitted

Per -

(Number)

(Time)

FBI/DOJ

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## Page 3

2

IA

66-6270

Identities of Special Agents making indices

and file reviews at Los Angeles in letterhead memorandum

are Special Agents RICHARD A. SCHUSSLER and WILLIAM OTTO

HEATON.

2*

NW 55236 DooId: 32989814

Page 3

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## Page 4

FD-36 (Rex. 5-22-78)

TRANSMIT VIA:

= Teletype

= Facsimile

Airtel

FBI

PRECEDENCE:

• Immediate

I Priority

• Routine

CLASSIFICATION:

• TOP SECRET

• SECRET

O CONFIDENTIAL

D UNCLAS EF TO

O UNCLAS

Date _5/14/79

TO:

DIRECTOR, FBI

(ATTENTION: LEGAL COUNSEL DIVISION)

FROM:

SAC, LOS ANGELES (66-6270)

SUBJECT: CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA);

ALLEGATIONS REGARDING MISUSE

OF THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF ELMER "GERONIMO"

PRATT

BUDED - 5/18/79

Re Bureau airtel to Los Angeles, dated 4/23/79.

Enclosed

for the Bureau are the original and

five

copies of an LHM in response to captioned inquiry.

ADMINISTRATIVE

The Bureau is referred to a previous Los Angeles

LHM captioned, "DARTHARD MAURICE EDWARD PERRY" dated 12/3/75,

Los Angeles file 66-6270, in response to Bureau teletype

to Los Angeles 12/2/75, captioned "HOUSE STUDY, " which LHM

set forth in summary form and in positive statements information

Which PERRY had furnished concerning past members of the

defunct Black Panther Party (BPP) in Los Angeles, California.

Office of Legal Counsel may wish to review that LHM for

pertinents in connection with the current congressional

inquiry.

4 - Bureau (Enc. 6)

(1 - 170-20684) (PERRY) (Info)

L05

Angeles

- 66-6270)

62- 170-2658)

*WOH: 1bf

(8)

66-6270-7

SEARCHED -

INDEXEN

SIH'A

Approved:

NW 55236 DocId: 32989814 • Page 4

Transmitted

(Number)

(Time) '

Per.

FBI/DOJ

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## Page 5

66-6270

Identities of Special Agents making indices

and file reviews at Los Angeles in letterhead memorandum

are Special Agents RICHARD A. SCHUSSLER and WILLIAM OTTO

HEATON.

2*

NW 55236

Docid: 32989814

Page 5

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## Page 6

6

- Bureau

Los Angeles

- 66-6270)

(2 - 170-2658)

WOH: 1bf

(10)

84)

66-6270-61

OFFICE COPY

8

NW 55236 Docid: 32989814

Page 6

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## Page 7

In Reply, Please Refer 20

File No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

LoS Angeles, California

May 14, 1979

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

This investigation is predicated upon receipt of

FBI Headquarters instructions to initiate an investigation

by search of the Los Angeles FBI Office indices and files

in response to a congressional inguiry by Congressman

Paul N. McCloskey (California) for facts which would

support or refute allegations regarding misuse of the

Freedom of Information Act (FOIA) pertaining to request of

Elmer "Geronimo" Pratt.

Elmer Gerard Pratt was convicted by the Los Angeles

County District Attorney's Office in 1972 for the

December 18, 1968, execution style

murder of a 27 year

old young woman on a tennis court in Santa Monica,

California.

Her husband, a surviving victim, subsequently

made eyewitness

identification of Pratt as the gunman.

Defense Attorneys for Pratt filed FOIA requests

with the FBI.

FBI Headguarters, Washington, D. C.

informed attorneys for Pratt that there was no record

prior to January, 1969, in FBI files relating to Pratt.

Attorneys for Pratt contend he was either, or both, a target

of Counterintelligence Program (Cointelpro) or was

under

FBI physical surveillance on December 18, 1968, evidence

of which would prove that Pratt was not at the

, scene of the

murder, or would otherwise exonerate him of the crime.

Attorneys for Pratt have produced for Congressman

McCloskey

a declaration of Darthard Perry, marked as executed at

San Francisco, California, on February 9, 1978; and an

affidavit of Darthard Perry dated March 3, 1979.

This document contains neither recommendations or conclusions

of the FBI.

It is the property of the FBI and is loaned to

your agency; it and its contents are not to be distributed

outside your agency.

WW 55236 DooId: 32989814 Page 7

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## Page 8

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

=

Congressman McCloskey questioned the veracity of the

Bureau's FOIA response in that the former FBI informant,

Darthard Perry, has come forth with allegations that

he was a paid informant for the FBI reporting on matters

relating to Pratt as early as December, 1968.

Senator McCloskey inquired if the Darthard

Perry allegations suggested the following:

1)

That Pratt was "framed" on the murder charge

as part of the Bureau's Cointelpro;

2)

That the FBI had surveillances on Black Panther

members in December, 1968, which would

confirm Pratt's claim that he was at a

party meeting in Oakland, California, on

the day of the murder;

3)

That the FBI conspired in an attempt to

"set up" Pratt by planning an escape by him

in 1974 or 1975.

FBI Headquarters directed the following specifiC

inquiries be conducted by the FBI, Los Angeles Division:

1) Conduct a careful and thorough review of

field office files to determine if there

is any information therein that would tend

to exonerate Pratt of the murder conviction.

2)

Obtain responses from Special Agent William

Otto

Heaton with regard to the allegations

of Darthard Maurice Edward Perry in

affidavit of March 3, 1979, and declaration

of February 9, 1978.

:

2

NW 55236 DocId: 32989814 Page 8

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## Page 9

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

3) Attempt to determine the true identity of

"Michael Quinn" referred to by Perry and

secure a response from him.

Review of Los Angeles Indices and Files

Regarding Elmer Gerard Pratt

On May 2; 1979, a review of the Los Angeles indices

on the name Elmer

"Geronimo" Pratt reflected an index

card for case captioned, "Elmer Gerald Pratt, Black Panther

Party (BPP), Los Angeles 157-3436* (1/69)."

This original

index card is dated January, 1969.

There are no other

index cards reflecting any main file on Pratt prior to

January, 1969.

second index card dated April, 1969,

corrects the name

to "Elmer G. Pratt, BPP" for the same

file, Los Angeles 157-3436.

A search of indices reflects

no other reference index cards prior to January, 1969.

The earliest reference

index card is also dated January,

1969, for "Elmer Gerard Pratt, Bradford Hall, UCLA,

Negro male, born September 13, 1947," in Los Angeles

157-1618-1373 page four.

A review of the FBI LoS Angeles Field Office

file on Elmer Gerard Pratt reflects no FBI investigation

or reference to Pratt prior to January 18, 1969.

The active investigation of Elmer Gerard Pratt

• in main file Los Angeles 157-3436 was opened on January 27,

1969.

That specific investigation, focusing on Elmer

Gerard Pratt, was predicated upon information reported to

the Director, FBI by Los Angeles teletype dated January 18,

1969, captioned, "Black Panther Party - Racial Matter"

and located in Los Angeles files at the aforementioned

Los Angeles 157-1618-1373 page four.

:

3

NW 55236 DooId: 32989014 Page 9

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## Page 10

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

Therein, appears the information that a supervising

been killed in a shooting on the campus of UCLA by rival

Black Extremist Faction,

had been surveilled during the

early hours

of January 17, 1969, and a number of individuals

arrested at the residence of in the vicinity of the

residence

after leaving or approaching it and had been

charged with Conspiracy to Commit Assault with a Deadly

Weapon, after weapons were found on their persons or in their

presence.

Among some

16 individuals arrested was Elmer

Gerard Pratt, Bradford Hall,

UCLA, Negro male, date of

birth September 13, 1947.

Taken from the residence and

the vehicles driven

by the arrested persons were two M-59

Assault Rifles; two

•12 gauge shotguns; one 30/30 caliber

rifle; three

•45 caliber automatic pistols; two .38

caliber revolvers; two

•22 caliber revolvers; one 7.62

millimeter pistol; one

9 millimeter pistol; one telescopic

sight; three gas masks; six gallons of liquid believed to

be flamable; 16 flares; one pipe bomb; two knives; one

hatchet; one machate; one

bayonet; two pounds of Dupont

black powder; medical equipment; telephone relay equipment;

instructions

for making explosive devices; a large amount

of BPP literature; BPP documents; and a large amount of

ammunition for the above rifles, pistols, and shotguns.

1 and snotguns

Based on the above articulable facts indicating

those persons arrested may have been planning to undertake

violent acts aimed at the members of a rival Black Extremist

Faction, the main file investigation on Elmer Gerard Pratt

- the opened sunset to a sanator la, tor which is noted

was subsequently convicted and is presently incarcerated

occurred December 18, 1968.

• 4

NW 55236

DocId: 32989814 Page 10

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## Page 11

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

=

even of 105 ange one counterintel lagence

On May 2, 1979, a review of the FBI, Los Angeles, .

Office indices and field office file on Cointelpro

reflects no mention of Elmer Gerard "Geronimo" Pratt,

and reflects no mention of Darthard Perry. The file

contains nothing to show that pratt was a target of, or

ever mentioned in cointelpro.

Records Establishing Whereabouts of Darthard

Maurice Edward Perry in December, 1968

Records of the Los Angeles FBI Field Office on

Darthard Maurice Edward Perry reflect he is a former

Extremist Informant who first voluntarily appeared in the

office of the FBI, Los Angeles, on February 12, 1974.

He was thereafter

subseguently operated as an informant

until March 31, 1975.

An examination of the files toascertain Perry's

whereabouts on December 18, 1968, at the time of the

murder in Santa Monica, California, for which Pratt was

convicted reflects the

following information as to Perry:

Darthard Maurice Edward Perry born September 4,

1949, at Kansas City, Missouri, enlisted in the United

States Army for three years on November 18, 1966, and was

assigned Serial Number RA16958166 and attained the rank

of Private E-1, effective February 7, 1969.

training, he was assigned to overseas duty in the United States

Army, Europe, where he served a total of one year and 20

days, from February 22, 1968, until separation proceedings

and discharge under honorable conditions on March 17, 1969,

for unsuitability.

His last duty assignment and major

command was Medical Company, 130 General Hospital, United

5

NW. 55236 DocId: 32989814 Page 11

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## Page 12

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF THE

FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

States Army, Europe, Nurnberg, West Germany. He had a total

service time of two

three months and seven days from

the date of enlistment.

Yeal-buring the period February 22, 1968,

to February 25, 1969,

Private Darthard Maurice Edward Perry

was

assigned to three duty sections in the United States

Army Hospital, Nurnberg, West Germany, under different

supervising officers and noncommissioned officers. His

assignments in that hospital are listed below:

1)

On or about February 23, 1968, to on or about

July 23, 1968, Food Service Division, under

supervision of Sergeant First Class

(SFC)

James C. Clark, Captain Karen E. Friedluna,

and Major Angela Bigley.

2)

On or about July 24, 1968, to on or about

September 24, 1968, Medical Company, under

the supervision of

SFC Charlie C. Collins,

and

Captain Edward D. Wilson.

3)

On or about September 25, 1968, to on or about

November 26, 1968, Linen

Exchange, Supply and

Service Division, under the supervision of

Sergeant Charles

Freeman.

4)

On or about November 27, 1968, to on or about

December 12, 1968, Medical Company, under the

supervision of Captain David L. Richardson.

5)

On or about December 13, 1968, to February 25,

1969, Food Service Division, under the super-

vision of SFC Willie Milon and Captain George

Fatual.

From the above record, it appears Darthard Maurice

Perry was under constant military supervision in Nurnberg,

West Germany, on or about December 18, 1968, at the time of :

the murder in Santa Monica, California, for which Elmer

"Geronimo" Pratt was convicted.

6

NW 55236 DocId: 32989814 Page 12

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## Page 13

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Responses of Special Agent William Otto Heaton

to Darthard Maurice Edward Perry Affidavit

and Allegations. Concerning Elmer

Special Agent William Otto Heaton has been a

Special Agent of the FBI since May 22, 1967, when he

an initial training period,

he was transferred to San Diego, California, and one year

later was transferred to Los Angeles, California, on

For the following two years he

worked

Selective Service Act cases exclusively. On March 29,

1971, he was transferred

to an Organized Crime Squad,

and

on December I, 1973, was assigned to a squad handling

Domestic Security Matters under the supervision of

Supervisor Richard Bloeser.

Agent Heaton was assigned

principally to the investigation of the Black Guerrilla

Family (BGF), a California prison gang which advocates

the assassination of judges and overthrow.of the government

of the United

States.

Special

Agent Heaton has read the communication

fromthe Director, FBI, to the Special Agent in Charge of

the Los Angeles,

•San Francisco, and Boston Divisions

captioned, "Congressman Paul N. McCloskey (California) ;

Allegations Regarding Misuse of the Freedom of Information

Act (FOIA) Pertaining to Request of Elmer "Geronimo" Pratt,"

and accompanying documents consisting of an affidavit of

Darthard Perry dated March 3, 1979, and a declaration of

Darthard Perry executed on February 9, 1978, at San Francisco,

California.

In regards to the Perry affidavit of March 3,

1979, Special Agent (SA) William Heaton submits the

following specific replies by corresponding paragraph

number:

:

7

NW 55236 DocId 32989814 Page 13

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## Page 14

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

From personal knowledge and official business

records of the Los Angeles Division of the FBI, SA William

Otto Heaton knows Darthard Maurice Edward Perry was not

an informant for the FBI prior to February, 1974.

SA Heaton

first met Perry on February 12, 1974, when

Perry voluntarily

appeared at the Los Angeles FBI. Mr. Perry, whose

appearance was unsolicited, stated he wished to volunteer

his assistance in regards to the Symbionese Liberation

Army (SLA), a terrorist organization, which had recently

surfaced in the San Francisco, California, area claiming

credit for the kidnaping of Patricia Hearst on February 4,

Perry was interviewed by SAs Brendan O. Cleary

and William Otto Heaton.

While Perry was being interviewed

on February 12, 1974, FBI, LOS Angeles Office indices

were personally searched

by SA Heaton, and

at that time

disclosed one closed main file captioned, "Darthard Perry,"

dated February, 1970, Los Angeles 157-4937.

That closed file was immediately reviewed by

SA Heaton and reflected a prior preliminary investigation

to identify Perry predicated upon a referral of information

from the Los Angeles Police Department to the FBI of the

fact that the name Darthard Perry had been found on an

undated BPP "Personal Report" or membership application

following an LA PD raid and shoot out on December 8, 1969,

at the BPP, Los Angeles headquarters.

The BPP was organized

in December, 1966, at Oakland, California, by Huey P. Newton

and Bobby George Seale and at one time openly advocated

the use of guns and guerrilla tactics in a revolutionary

program and openly advocated the overthrow of the United

States Government by force and violence until 1971.

The closed FBI file reflected investigation was opened in

February, 1970, to determine Darthard Perry's involvement

in the BPP. His parents in Kansas City, Missouri, had

- subsequently advised Perry was last known to be in Sacramento,

California. The Sacramento FBI Office has assumed origin

on the case but closed the matter by letter to the Bureau,

dated September 21, 1972, advising efforts to locate Perry

for personal interview had been negative.

Apparently he

had telephonically contacted the Sacramento FBI Office on

• august 12, 1971, inquiring as to why the Kansas City FBI

55236 DooId: 32989814 Page 14

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## Page 15

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Office had contacted his parents. An effort to set up an

appointment for interview in Sacramento was not successful.

Inasmuch as the identity of Perry was established and

there was no indication he had ever been accepted as a member

of the. BPP, the case was closed.

Prior to Perry's departure from the FBI Los Angeles

Office on February 12, 1974, he was asked if it was his

BPP "Personal Report"

to him and he confirmed it was.

On February 12, 1974, Mr. Perry voluntarily submitted to

being fingerprinted and photographed in the Los Angeles FBI

Office for identification purposes, and after interview he

departed the FBI, Los Angeles Office.

Darthard Perry did not in December, 1968,

conduct a surveillance on any member of the BPP, including

Elmer "Geronimo" Pratt. During the period March, 1974,

through March, 1975, Perry was assigned to furnish

information on subjects under pending, lawful FBI investi-

gations.

As a matter of official Bureau practice, Perry

did submit written reports which he signed, as well as

telephonic reports, and was paid for his services and expenses

during that period. None of Perry's reports

document

activities of Pratt.

TO SA Heaton's knowledge, Perry never knew

Pratt, never communicated with Pratt and never furnished any

eyewitness accounts as to the activities of Pratt. Perry

is not known to have ever had any firsthand face to face

dealings with Pratt.

If Perry ever met or knew Pratt prior

to 1974, the FBI files contain no credible evidence of that

SA Heaton is confident that from February, 1974,

to March, 1975, Perry never met Pratt or had any dealings

with Pratt. SA Heaton is unaware of any subsequent personal

contacts after March, 1975, that Perry may have had with

• Pratt.

Pratt would have been well-known to Perry by

reputation or word-of-mouth.

Pratt was a well publicized

and notorious convicted criminal member of the BPP and a

9

NN 55236 DocId: 32989814 Page_15

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## Page 16

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

• THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

self-avowed member of the Black Liberation Army (BLA) .

The BLA was a loose knit urban guerrilla warfare organization

whose

self-described purpose was to overthrow the United

States Government by creating a climate of terror.

memoers are credited with the murder of eight police officers

and the wounding of 28 others and in excess of 20 known

bank robberies since May, 1971. SA Heaton personally

held discussions with Perry in regard to the SLA and the

Black Guerrilla Family and other terrorists and/or criminally

oriented groups to assess Perry's knowledge of extremist

subjects and his potential for informant coverage where

needed by the Bureau.

SA Heaton's recollection of these

discussions is clearly that Perry had never met Pratt and

did not have any prior association with Pratt.

3) .

Darthard Perry was paid under Special Agent

in Charge (SAC), Los Angeles and Bureau authorization and

did personally sign 3x5 inch receipt cards. Perry did

furnish expense receipts to justify purchases made on

occasion.

Perry was never authorized, directed, assigned

or requested by the FBI or SA Heaton to travel on any

official assignment out of the Los Angeles Division.

SA

Heaton has no knowledge or recollection of Perry traveling

on personal business out of the Los Angeles Division

has no men edge of the

during the period February, 1974, to March, 1975: No travel

vouchers exist or ever existed for Darthard Maurice Edward

perry.

In regards to a copy of a declaration of Darthard

Perry dated February 9, 1978, at San Francisco, California,

setting forth more detailed allegations by

• Perry, it is noted

Perry was known by the names Darthard Maurice Edward Perry,

also known as Darthard Perry, Ed Riggs, and code name

Othello, while an informant for the FBI from February 12,

1974, to March 31, 1975. He was not known as Bill Perry or :

number RA149581666.

has claimed numerous aliases since

1975.

SA Heaton submits the following specific replies to

the declaration of Perry by corresponding paragraph number

in the declaration:

NW 55236 DocId: 32989814 Page

16

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## Page 17

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

1) Darthard Maurice Edward Perry, also known as

Darthard Perry, Ed Riggs, code name Othello, was not

an FBI informant, officially or in any other capacity,

prior to February 12, 1974. The day when Perry voluntarily

appeared in the Los Angeles Division of the FBI approximately

two weeks after the SLA, a terrorist organization, surfaced

in San Francisco, California, and claimed credit for the

kidnaping of Patricia Hearst on February 4, 1974. Perry

offered to work for the Bureau in that case. However, by

interview it was determined he had no knowledge or

information of value concerning that case at that time.

On February 12, 1974, Perry voluntarily submitted to being

fingerprinted and photographed for identification purposes,

and after interview, Perry departed the Los Angeles FBI

Office.

He was

subsequently recontacted by SA Heaton on

March 6, 1974, with regard to further assessing Perry's

informant potential.

The BPP was considered defunct and

no longer in existence in Los Angeles, California, in 1974.

Perry did not attend or report on any meetings or

activities of the BPP as an organization.

There was no

pending.or active ongoing FBI investigation of the BPP

in Los Angeles, California, during February, 1914, to

March, 1975, the dates of official FBI contact with Darthard

Maurice Edward Perry.

2) Darthard Maurice Edward Perry was interviewed

by SA Brendan O. Cleary and SA William Otto Heaton on

February 12, 1974. Thereafter, SA Cleary had very limited

contact with Perry. SA Heaton

has no recollection of ever

having used the term "Black Radicals" to describe the type

of cases he was assigned, and SAs Cleary and Heaton were

equals as Special Agents.

3) SA Heaton is presently assigned to the San Fer-

nando Valley Resident Agency of the FBI, Los Angeles

Division, where he was transferred on official business

on July 24, 1975. The San Fernando Valley Resident Agency

(RA.)

•is located

in Tarzana, California.

11

NW 55236 DoOId 32989814 Bage 17

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## Page 18

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERIAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

4) SA Heaton has no knowledge of any FBI Age

or employee by the name of "Michael Quinn."

SA Heator

does

not know any Michael Quinn in the FBI.

5) During the period March 21, 1974, to Marc

with the assessed value of the information furnished.

Payment was made in cash, for which he signed a recell

Mr. Perry was authorized by the Bureau to receive up

a maximum of $300 monthly for services and expenses al

paid a total $2,404.98.

Perry received no other reim

ment for services or expenses. Perry received no payi

before the date of his first appearance in the Los An

Division FBI, February 12, 1974, or after the date of

termination as an informant on March 31, 1975.

6) In the personal knowledge of SA William

Heaton, Darthard Perry never worked for or with the

Los Angeles

PD, specifically the Criminal Conspiracy

TO SA Heaton's knowledge, Perry never met Officer Li€

Lee Castretas of the LOS Angeles PD, Criminal Conspir

Section.

SA Heaton has never known and has no reasor

believe

that Lieutenant Castretas is or was a primar!

between

the Central Intelligence Agency (CIA) and thr

Angeles PD.

Under established Bureau procedures, Pe:

was an FBI informant, and as such was instructed

information only to the Bureau. Any information fur

by Perry concerning a criminal subject of another la

enforcement agency would have been disseminated by t

and not given directly by Perry. Perry's knowledge

that agency or officers was obtained by Perry from a

himself knowing such facts and by discussions betwee

and SA Heaton.

Specifically, an extremist fugitive

was wanted on warrants charging bomb making and wear

possession by both the Los Angeles PD and the Bureal

12

NW 55236

DocId: 32989814

Page 18

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## Page 19

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Alcohol, Tobacco and Firearms (ATF). Perry furnished

information which located that subject for arrest following

his return from out of state to California.

The subject

knew Detective Castretas.

The subject later toid Perry

the subject was going to kill Castretas.

That threat was

disseminated to the Los Angeles PD, for the protection of

the life of the officer.

7) SA Heaton did meet with Perry at various

locations on the streets in automobiles at or near his

residence, and near the Los Angeles Headguarters of the

FBI, and

spoke with Perry on the telephone from that

location.

SA Heaton worked on the l4th floor of the

Federal Building, a fact known to Perry.

As noted earlier,

Perry was in the FBI Office on February 12, 1974, and after

interview was escorted through the FBI Office to be

fingerprinted and photographed, and was escorted out of

the office.

8) The alleged visit of Darthard Perry to

San Quentin Prison in late 1974 or 1975 is believed by

SA Heaton to be a total fiction by Perry.

Perry was not

assigned to visit Pratt and never reported making any

personal visit to Pratt.

If Perry in fact made any visit

to San Quentin Prison in 1974 or 1975, such was without

the knowledge, assignment, request or direction of the

FBI.

9)

During the time Perry was an informant for

the FBI and in late 1974 or early

1975, he did claim

Perry's alleged contacts, and reports thereof, are the

only known evidence of their occurrence.

10) From personal recollection, SA Heaton is of

the opinion and belief that Elmer "Geronimo" Pratt

13

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## Page 20

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) :

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

was not returned to Los Angeles from San Quentin Prison

for resentencing and was not housed again in the Los

Angeles County Jail during 1974 or early 1975.

A court

hearing on an appeal or a resentencing of Pratt did occur

in late 1974 or early 1975. From personal knowledge, SA

Heaton is quite certain that neither he nor SA Brendan O.

Cleary ever contacted Perry and

said, "The Bureau had

fucked him. up," meaning Pratt,

"and had put his ass where

it belonas.

The Bureau was going to fuck him up again

with his people."

SA Heaton did show Perry regularly and according

to normal procedure, photographs of subjects for assistance

in identification, or of fugitives for assistance in locating.

He was furnished

few FBI Wanted Flyers.

He was furnished

with publicly available extremist and terrorist literature,

and written notations by Agent Heaton to attempt to direct

Perry for the purpose of obtaining information within

the jurisdiction of the FBI. Darthard Perry was furnished

photographs of a Los Angeles County Courthouse or Jail, and

furnished in connection with one official investi-

two deceased infant birth certificates, not a violation

of any law, inasmuch as information had been received from

other sources that members of the BLA in Los Angeles,

california, were planning an attempted violent jail break

for Pratt should he be brought to Los Angeles, California,

a less secure confinement than San Quentin Prison.

was reporting these persons were planning a "more efficient

Marin County shoot out"

to free Pratt should he be returned

to. Los Angeles County.

12) SA

Heaton supplied the "phony birth certificates"

to Perry in reliance on his aforementioned assertions and

reports of being in contact with BLA subjects and of

their being receptive to

Perry

being a free lance writer

who wanted to obtain an interview and to be of assistance

to Elmer "Geronimo" Pratt.

Perry was not given any cover

story

or false identification for his own

use. Prior to

14

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## Page 21

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

his first appearance at the FBI on February 12, 1974, Perry

had already assumed the name Ed Riggs as

a free lance

writer. The shift in context from Perry's being guided

to penetrate the BLA to that of instigating a breakout

for Pratt or to "involving" others is in the opinion and

belief of SA Heaton, attributable to subsequent tutoring.

by persons who wished to utilize Perry to defame the

FBI.

13) Here Perry is correct. The objective was that

Perry would utilize the photographs of a Los Angeles

County Courthouse and the deceased infant birth certificates

to establish his bonafides as one willing to assist "the

underground" and thereby to place Perry in a position where

he would have firsthand knowledge of any planned jail breaks

for Pratt by extremist supporters.

14) SA Heaton personally shares none of the

informationand belief, or knowledge of Darthard Perry that

Elmer Pratt was set up on a killing that occurred

Dēcember 19, 1968. SA Heaton has no knowledge of and

has never acquired any information anywhere that the FBI

was monitoring Pratt and knew all along he was in Oakland,

California, on the night of December 19, 1968.

from the Los Angeles County Jail never occurred because

the court subsequently ordered Pratt not to be brought to

the Los Angeles County Jail for security reasons, or other

judicial reasons unknown to SA Heaton.

It is believed that

acts of violence and planned escape attempts were avoid

by the court's action.

As a matter

of speculation, Perry

may not have convinced any member of the BLA to allow him

to participate in a planned escape of Pratt. By all accounts

read by SA Heaton, the

escape attempt of George Jackson,

the bloodiest in the history of the State of California,

15

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## Page 22

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

at San Quentin Prison on August 21, 1971, was not a "planned

The deceased guards who had their

throats slit might have

"planned assassination, „refused to join that type of

SA Heaton additionally asserts on personal knowledge

and belief that Darthard Maurice Edward Perry was never

utilized as a part of Cointelpro. SA Heaton was not aware

of Cointelpro during its existence.

To his knowledge,

SA Heaton never assisted any Cointelpro matter.

SA Heaton

never discussed Cointelpro with Perry. SA Heaton presently

is not aware and has no information to believe that Elmer

Pratt was ever a target of Cointelpro.

SA Heaton presently

has no knowledge of any information within the FBI suggesting

that Pratt or anyone was framed for any murders,

as a part

of Cointelpro or any other operation of the FBI.

SA. Heaton submits for consideration the fact that

after Perry was no longer an informant, during the perioa

October, 1975, to March, 1976, Darthard Perry's credibility

for truthfulness was completely impeached in a Federal trial

in a tax case captioned, "U. S. versus John David Gardner,

Number 75-524 (Criminal) before the Honorable William Matthew

Byxne, JI., U.S. District Judge, Los Angeles, California."

Because of rumored wrongdoing by the FBI attributable to

Perry, he was brought in on subpoena first as a government

witness and then as a defense witness during both pretrial

and post conviction hearings.

Darthard Perry provided

numerous false declarations under oath in said proceedings.

Darthard Perry made the following statements and allegations

under oath, after being furnished with a court appointed

defense attorney, in United States District Court, Central

District of California, Los Angeles, California:

-

1) While working as an extremist informant,

he conducted electronic surveillance of the

California State Democratic Headquarters and

all state Democratic Legislatures during the

period 1969 until 1975.

16

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## Page 23

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

2)

While working as an extremist informant,

he

video taped the inside of California

¡tate Assemblyman Leon Ralph's Los Angeles

3) The FBI conducted a program of harassment

and physical surveillance against Mervyn

Dymally,

State of California Lieutenant Governor, and

John David Gardner, the subject of the Internal

Revenue Service tax case.

4) That Perry placed monitoring devices

at the State Capital, Sacramento, California,

at the direction of the FBI and taped

conversations

Dymally.

between Gardner, Ralph or

The above allegations and statements, as well as

a portion of a taped telephone conversation by Perry to an

FBI Agent were published in the "Los Angeles Free Press,"

a local underground or alternative newspaper. After

extensive testimony involving citizen witnesses who testified

that the things attributed to them by Perry did not occur,

and marked by expansive disclosure and cooperation by the

mr the bag

i ton angeles,

FBI and the United States Attorney's Office at Los Angeles,

California, the Judge, Honorable William Matthew Byrne, JI.,

ruled he found no evidence to support the testimony of

Perry.

The trial of the defendant in that case, John

David Gardner, who never had any connection whatsoever

previously to Perry, proceeded and he was convicted.

Subsequently, attorneys for the defendant, Gardner,

filed

additional affidavits by Perry opening post conviction

hearings. In the post conviction hearings, Perry contended

17

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## Page 24

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

to defense counsel and to the court that he was still an

FBI informant paid to infiltrate the defense and to

prejudice the court against the defense by lying to the

court and making it appear that the defense had put him

up to it. The defense even submitted Perry to a polygraph

test then conceded he had flunked miserably, although he

passed two questions, in substance being he had been

FBI informant and that he had been paid by SA Heaton.

At one point in the post conviction hearings, Perry insisted

on testifying over the objection and

• against the advise

of a court appointed public defender, and even after being

advised of his rights by the judge with a view to the

possibility of a perjury prosecution by the government.

On one occasion, the judge issued a bench warrant,

and Perry was arrested to secure his appearance at the

hearing. At the conclusion of the post conviction hearings,

the judge again ruled he found no truthfulness in the

testimony of Perry.

SA Heaton states categorically that Darthard

Maurice Edward Perry's alleged activities as an FBI informant.

prior to February, 1974, are false.

Some of what Perry

claims after February, 1974, to March, 1975, bears some

recognizable basis in facts.

SA Heaton is aware of some,

but not all of Perry's activities or associations since

March, 1975. However, SA Heaton has seen, read, and

responded to a number of Perry's subsequent allegations

and note they change to fit circumstances and the audience

Perry is trying to impress. The FBI has received information

that persons to whom Perry has made various allegations

are aware that Perry is not telling the truth, but believe

they can use him to their advantage and to do harm to the

FBI.

SA Heaton is informed and believes that certain

persons are using the known false statements of Darthard

18

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## Page 25

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Perry for their own ends anytime they can find a new forum

for presenting them.

As an example, SA Heaton is informed

that a document entitled,

"Manipulation of Organizations,

Especially Cleaver vs. Newton Factions," given by Perry

to the Governor's Protective Service in Sacramento, California,

and previously responded to by affidavits of SA Heaton

and Cleary dated August 4, 1975, and August 6, 1975,

respectively, and also utilized in the United States

versus

John David Gardner trial to impeach Perry, was in fact

written for Perry by Donald Freed. SA Heaton was

telephonically informed by Perry on May 1, 1975, after he was

no longer an official informant, that Perry was beginning

to fear for his life

and that he had been in personal

discussions with Donald Freed, head of the Citizens Research

Investigating Committee (CRIC). Freed, a white male, is

a Hollywood fiction writer, member of the Socialists

workers

Party, founder of the defunct Friends of the Black Panther

Party, author and producer of the movie, "Executive Action,"

starring Burt Lancaster, advancing a conspiratorial theory

of government involvement in the assassination of former

President John F. Kennedy; a collaborator with a former

Los Angeles PD informant Louis Tackwood in the book, "The

Glass House Tapes," an alleged expose of police provocation

procedures.

Most recently, by newspaper accounts, Donald Freed

was a star alibi witness at the trial of Huey Newton on

felony murder charges in Oakland, California.

In conclusion, SA Heaton has no knowledge of any

murders encouraged or plotted by the FBI. SA Heaton has

Bion at a on he pag

no knowledge of any frame-up of murderers, being Elmer

Gerard "Geronimo" Pratt or any other person.

SA Heaton

avows no personal, direct, indirect,

firsthand or second-

hand knowledge of

any extenuating, mitigating, exonerating,

or exculpatory evidence concerning Elmer "Geronimo" Pratt,

for any crime on which he may have been charged and

convicted.

19

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## Page 26

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

SA William Otto Heaton declares without reservations

that allegations attributable to Perry as related to

heaton are without factual basis and untrue, except where

otherwise indicated.

Possible True Identity of Michael luinn

The following statement is submitted by

SA Thomas S. O'Quinn, the only Agent assigned to the Los

Angeles Division of the FBI whose name bears resemblance

to "Michael Quinn:"

"I, Thomas s. O'Quinn, am a Special Agent

of the Federal Bureau

of Investigation,

assigned to the Los Angeles Field Office.

I arrived on duty in Los Angeles in February,

1974. During my first six months in Los

Angeles, I was assigned to work extremist

matters

on the same squad as SA William

Otto Heaton. At some point during thät

six months, I accompanied another Agent,

SA Raymond A. Mislock, to witness his

making an authorized

informant payment to

Darthard Perry on behalf of SA Heaton, who

was unable to make the meeting.

During

this meeting, I was introduced to Darthard

Perry.

I was merely an observer. I neither

gave Perry any assignments nor received

any information from him, then or at any

other time. Since then I have not seen

or communicated with Darthard Perry in any

way, form or fashion."

-

It is noted that other Agents of the Los Angeles

Division of the FBI have observed Perry while accompanying

SA Heaton during the term of Perry's informant status,

or were in United States District Court during Perry's

20

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DocId: 32989814 Page 26

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## Page 27

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

testimony in the tax case, United States versus John

David Gardner, or were involved in subsequent investigations

involving Perry for interception of communication or

perjury matters.

None of their names have any resemblance

"Michael Quinn."

It is further noted that Perry testified in the

Special Agent "Quinlan," and which contained the names of

people under surveillance that were friends of Mervyn

Dymally. No such Agent was identifiable by the Bureau.

• •

-

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Page 27

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## Page 28

In Reply, Please Refer to

File No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Lios Angeles, California

May 14, 1979

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

This investigation is predicated upon receipt of

FBI Headquarters instructions to initiate an investigation

by search of the Los Angeles FBI Office indices and files

in response to a congressional inquiry by Congressman

Paul N. McCloskey (California) for facts which would

support or refute allegations regarding misuse of the

Freedom of Information Act (FOIA) pertaining to request of

Elmer "Geronimo" Pratt.

Elmer Gerard Pratt was convicted by the Los Angeles

County District Attorney's Office in 1972 for the

December 18, 1968, execution style murder of a 27 year

old young woman on a tennis court in Santa Monica,

California.

Her husband, a surviving victim, subsequently

made eyewitness

identification of Pratt as the gunman.

Defense Attorneys for Pratt filed

FOIA reguests

with the FBI. FBI Headguarters, Washington, D. C.

informed attorneys for Pratt that there was no record

prior to January, 1969, in FBI files relating to Pratt.

Attorneys for Pratt contend he was either, or both, a target

of Counterintelligence Program (CointelpIo) or was

FBI physical surveillance on December 18, 1968, evidence

of which would prove that Pratt was not at the scene of the

murder, or would otherwise exonerate him of the crime.

Attorneys for Pratt have produced for Congressman

McCloskey

a declaration of Darthard Perry, marked as executed at

San Francisco, California, on February 9, 1978; and an

affidavit of Darthard Perry dated March 3, 1979.

This document contains neither recommendations or conclusions

of the FBI. It is the property of the FBI and is loaned to

your agency; it and its contents are not to be distributed

outside your agency.

TW-55236DoeId:32989814

Page_28

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## Page 29

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Congressman McCloskey questioned the veracity of the

Bureau's FOIA response in that the former FBI Informant,

Darthard Perry, has come forth with allegations that

he was a paid informant for the FBI reporting on matters

relating to Pratt as early as December, 1968.

Senator McCloskey inquired if the Darthard

Perry allegations suggested the following:

1)

That Pratt was "framed" on the murder charge

as part of the Bureau's Cointelpro;

2)

That the FBI had surveillances on Black Panther

members in December, 1968, which woulc

confirm Pratt's claim that he was at a

party meeting in Oakland, California, on

the day of the murder;

That the FBI conspired in an attempt to

"set up" Pratt by planning an escape by him

in 1974 or 1975.

FBI Headquarters directed the following specific

inquiries be conducted by the FBI, Los Angeles Division:

1)

Conduct a careful and thorough review of

field office files to determine if there

is any information therein that would tend

to exonerate Pratt of the murder conviction.

2)

Obtain responses from Special Agent William

Otto Heaton with regard to the allegations

of Darthard Maurice Edward Perry in

affidavit of March 3, 1979, and declaration

of February 9, 1978.

2

NW 55236 DocId: 32989814 Page 29

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## Page 30

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

3) Attempt to determine the true identity of

"Michael Quinn" referred to by Perry and

secure a response from him.

Review of Los Angeles Indices and Files

Regarding Elmer Gerard Pratt

On May 2, 1979, a review of the Los Angeles indices

on the name Elmer

"Geronimo" Pratt reflected an index

card for case captioned, "Elmer Gerald Pratt, Black Panther

Party (BPP),

Los Angeles 157-3436* (1/69)."

This original

index card is dated January, 1969.

There are no other

index cards reflecting any main file on Pratt prior to

January, 1969. A

second index card dated

April, 1969,

corrects the name

to "Elmer G. Pratt, BPP" for the same

file, Los Angeles 157-3436.

A search of indices reflects

no other reference index cards prior to January, 1969.

The earliest reference index card is also dated January,

1969, for "Elmer Gerard Pratt, Bradford Hall, UCLA,

Negro male, born September 13, 1947," in Los

Angeles

157-1618-1373 page four.

A review of the FBI Los Angeles Field Office

file on Elmer Gerard Pratt reflects no FBI investigation

or reference to Pratt prior to January 18, 1969.

The active investigation of Elmer Gerard Pratt

in main file Los Angeles 157-3436 was opened on January 27,

1969.

That specific investigation, focusing on Elmer

Gerard Pratt, was predicated upon information reported to

the Director, FBI by Los Angeles teletype dated January 18,

1969, captioned, "Black Panther Party - Racial Matter"

and

LOS

located in Los Angeles files at the aforementioned

Angeles 157-1618-1373 page four.

:

3

NW 55236 DooId: 32989014 Page 30

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## Page 31

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) :

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

Therein, appears the information that a supervising

officer of the

1969, that the residence of a deceased BPP member who had

been killed in a shooting on the campus of UCLA by rival

Black Extremist Faction, had been surveilled during the

early hours of January 17, 1969, and a number of individuals

arrested at the residence or in the vicinity of the

residence after leaving or approaching it and had been

charged with Conspiracy to Commit Assault with a Deadly

Weapon, after weapons were found on their persons or in their

presence.

Among some 16 individuals arrested was Elmer

Gerard Pratt, Bradford Hall,

UCLA, Negro male, date of

birth September 13, 1947.

Taken from the residence and

the vehicles driven by the arrested persons were two M-59

Assault Rifles; two .12 gauge shotguns; one 30/30 caliber

rifle; three

•45 caliber automatic pistols; two .38

caliber revolvers; two

.22 caliber revolvers; one 7.62

millimeter pistol; one

9 millimeter pistol; one telescopic

sight; three gas masks; six gallons of liquid believed to

be flamable; 16 flares; one pipe bomb; two knives; one

hatchet; one machate;

one bayonet; two pounds of

Dupont

black powder; medical eguipment; telephone relay equipment;

instructions

for making explosive devices;

a large amount

OI BPP literature; BPP documents; and a large amount of

ammunition for the above rifles, pistols, and shotguns.

Based on the above articulable facts indicating

those persons arrested may have been planning to undeitake

violent acts aimed at the members of a rival Black Extremist

Faction, the main file investigation on Elmer Gerard Pratt

was opened subsequently, on January 21, 1969.

It is noted

= the murder in Santa Monica, California, for which Pratt

was subsequently convicted and is presently incarcerated

occurred December 18, 1968.

• 4

NW 55236

DocId: 32989814 Page 31

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## Page 32

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA);

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

Review of Los Angeles File on Counterintelligence

Program (Cointelpro)

On May 2, 1979, a review of the FBI, Los Angeles,

Office indices and field office file on Cointelpro

reflects no mention of Elmer Gerard "Geronimo" Pratt,

and reflects no mention of Darthard Perry. The file

contains nothing to show that Pratt was a target of, of

ever mentioned in Cointelpro.

Records Establishing Whereabouts of Darthard

Maurice Edward Perry in December, 1968

Records of the Los Angeles FBI Field Office on

Darthard Maurice Edward Perry reflect he is a former

Extremist Informant who first voluntarily appeared in the

office of the FBI, Los Angeles, on February 12, 1974.

He was thereafter

subsequently operated as an informant

until March 31, 1975.

An examination of the files to ascertain Perry's

whereabouts on December 18, 1968, at the time of the

murder in Santa Monica, California, for which Pratt was

convicted reflects the following information as to Perry:

Darthard Maurice Edward Perry born September 4,

1949, at Kansas City, Missouri, enlisted in the United

States Army for three years on

November 18, 1966, and was

assigned Serial Number RA16958166 and attained the rank

of Private E-1, effective February 7, 1969. After basic

training, he was assigned to overseas duty in the United States

Army, Europe, where he served a total of one year and 20

days, from February 22, 1968, until separation proceedings

and discharge under honorable conditions on March 17, 1969,

for unsuitability. His last duty assignment and major

command was Medical Company, 130 General Hospital, United

5

NW 55236 Docid: 32989814 Page 32

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## Page 33

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF THE

FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

States Army, Europe, Nurnberg, West Germany. He had a total

service time of two years, three months and

seven days

from

the date of enlistment.

During the period February

• 22, 1968,

to February 25, 1969, Private Darthard Maurice Edward Perry

was assigned to three duty sections in the United States

Army Hospital, Nurnberg, West Germany, under different

supervising officers and noncommissioned officers. His

assignments in that hospital are listed below:

1) On or about February 23, 1968, to on or about

July 23, 1968, Food Service Division, under

supervision of Sergeant First Class

(SFC)

James C. Clark, Captain Karen E. Friedlund,

• and Major Angela Bigley.

2)

On or about July 24, 1968, to on or about

September 24, 1968, Medical Company, under

the supervision of SFC Charlie C. Collins,

and Captain Edward D. Wilson.

3) On of about September 25, 1968, to on or about

November 26, 1968, Linen

Exchange, Supply and

Service Division, under the supervision of

Sergeant Charles

Freeman.

4)

On or about November 27, 1968, to on or about

December 12, 1968, Medical Company, under the

supervision of Captain David I. Richardson.

5)

On or about December 13, 1968, to February 25,

1969, Food Service Division, under the super-

vision of SFC Willie Milon and Captain George

Fatual.

From the above record, it appears Darthard Maurice

Perry was under constant military supervision in Nurnberg,

West Germany, on or about December 18, 1968, at the time of

the murder in Santa Monica, California, for which Elmer

"Geronimo" Pratt was convicted.

6

. NW 55236 DocId:32989814 Page 33

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## Page 34

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Responses of Special Agent William Otto Heaton

to Darthard Maurice Edward Perry Affidavit

and Allegations Concerning Elmer

Special Agent William Otto Heaton has been a

Special Agent of the

FBI

since

May 22, 1967, when he

entered on duty.

Following an initial training period,

he was transferred to San Diego, California, and one year

later was transferred

to Los Angeles, California, on

october T, 1968. For the following two years he worked

Selective Service Act cases exclusively. On March 29,

1971, he was transferred to an Organized Crime Squad, and

on December 1, 1973, was assigned to a squad handling

Domestic Security Matters under the supervision of

Supervisor Richard Bloeser.

Agent Heaton was assigned

principally to the investigation of the Black Guerrilla

Family

(BGF), a California prison gang which advocates

the assassination of judges and overthrow of the government

of the United

States.

Special Agent Heaton has read the communication

fromthe Director, FBI, to the Special Agent in Charge of

the Los Angeles,

San Francisco, and Boston Divisions

captioned, "Congressman Paul N. McCloskey (California);

Allegations Regarding Misuse of the Freedom of Information

Act (FOIA) Pertaining to Request of Elmer "Geronimo" Pratt, "

and accompanying documents consisting of an affidavit of

Darthard Perry dated March 3, 1979, and a declaration of

Darthard

Perry executed on

1 February 9, 1978, at San Francisco,

California.

In regards to the

Perry affidavit of March 3,

1979, Special Agent (SA) William Heaton submits the

following specific replies by corresponding paragraph

number:

7

: NW 55236 DocId: 32989814 Page 34

---

## Page 35

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

1) From personal knowledge and official business

records of the Los Angeles Division of the FBI, SA William

Otto Heaton knows Darthard Maurice Edward Perry was not

an informant for the FBI prior to February, 1974. SA Heaton

first met Perry on February 12, 1974, when

Perry voluntarily

appeared at the Los Angeles FBI. Mr. Perry, whose

appearance was unsolicited, stated he wished to volunteer

his assistance in regards to the Symbionese Liberation

Army (SLA), a terrorist organization, which had recentiy

surfaced in the San Francisco, California, area claiming

credit for the kidnaping of Patricia Hearst on February 4,

Perry was interviewed by SAs Brendan O. Cleary

and William Otto Heaton.

While Perry was being interviewed

on february 12, 1974, FBI, LOS Angeles Office indices

were personally searched by SA Heaton, and at that time

disclosed one closed main file captioned, "Darthard Perry,"

dated February, 1970, Los Angeles 157-493?.

That closed file was immediately reviewed by

SA Heaton

and reflected a prior preliminary investigation

to identify Perry predicated upon a referral of information

from the Los Angeles Police Department to the FBI of the

fact that the name Darthard Perry had been found on an

undated BPP "Personal

Report" or membership application

following an LA PD raid and shoot out on December 8, 1969,

at the BPP, LoS Angeles headquarters.

The BPP was organized

in December, 1966, at Oakland, California, by Huey P. Newton

and Bobby George Seale and at

one time openly advocated

the use of guns and guerrilla tactics in a revolutionary

program and openly advocated the overthrow of the United

States Government by force and violence until 1971.

closed FBI file reflected investigation was opened in

February, 1970, to determine Darthard Perry's involvement

in the BPP. His

parents in Kansas City, Missouri, had

=

subsequently advised Perry was last known to be in Sacramento,

California. The Sacramento FBI Office has assumed origin

on the case but closed the matter by letter to the Bureau,

dated September 21, 1972, advising efforts to locate Perry

for personal interview had been negative.

Apparently he

had telephonically contacted the Sacramento FBI Office on

- August 12, 1971, inquiring as to why the Kansas City FBI

8

NW 55236 DocId: 32969814 Page 35

---

## Page 36

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Office had contacted his parents. An effort to set up an

appointment for interview in Sacramento was not successful.

Inasmuch as the identity of Perry was established and

there was no indication he had ever been accepted as a member

of the BPP, the case was closed.

Prior to Perry's departure from the FBI Los Angeles

Office on February 12, 1974, he was asked if it was his

BPP "Personal Report"

shown to him and he confirmed it was.

On February 12, 1974, Mr. Perry voluntarily submitted to

being fingerprinted and photographed in the Los Angeles FBI

Office for identification purposes, and after interview he

departed the FBI, Los Angeles Office.

2) Darthard Perry did not in December, 1968,

conduct a surveillance on any member of the BPP, including

Elmer "Geronimo" Pratt. During the period March, 1974,

through March, 1975, Perry was assigned to furnish

information on subjects under pending, lawful FBI_ investi-

gations.

As a matter of official Bureau practice,

Perry

did submit written reports which he signed, as well as

telephonic reports, and was paid for his services and expenses

during that period. None of Perry's reports document

activities of Pratt. IO SA Heaton's knowledge, Perry never knew

Pratt, never communicated with Pratt and never furnished any

eyewitness accounts as to the activities of Pratt.

Perry

is not known to have ever had any firsthand face to face

dealings with Pratt. If Perry ever met or knew Pratt prior

to 1974, the FBI files contain no credible evidence of that

fact. SA Heaton is confident that from February, 1974,

to March, 1975, Perry never met Pratt or had any dealings

with Pratt. SA Heaton is unaware of any subsequent personal

contacts after March, 1975, that Perry may have had with

Pratt.

Pratt would have been well-known to Perry by

reputation or word-of-mouth.

Pratt was a well publicized

notorious convicted criminal member of the BPP and a

9

NW 55236 DooId: 32989814 Page 36

---

## Page 37

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

self-avowed member of the Black Liberation Army (BLA) •

The BLA was

a loose knit urban guerrilla warfare organization

whose self-described purpose was to overthrow the United

States Government by creating a climate of terror.

BLA

members are credited with the murder of eight police officers

and the wounding of 28 others and in excess of 20 known

bank robberies since May, 1971. SA Heaton personally

held discussions with Perry in regard to the SIA and the

Black Guérrilla Family and other terrorists and/or criminally

oriented groups to assess Perry's knowledge of extremist

subjects and his potential for informant coverage where

needed by the Bureau.

SA Heaton's recollection of these

discussions is clearly that Perry had never met Pratt and

did not have any prior association with Pratt.

3)

Darthard Perry was paid under Special Agent

in Charge (SAC), LOs Angeles and Bureau authorization and

did personally sign 3x5 inch

receipt cards.

Perry did

furnish expense receipts to justify purchases made on

occasion.

Perry was never authorized, directed, assigned

of requested by the FBI or SA Heaton to travel on any

official assignment out of the Los Angeles Division.

SA

Heaton has no knowledge or recollection of Perry traveling

on personal business out of the los Angeles Division

during the period February, 1974, to March, 1975. No travel

vouchers exist or ever existed for Darthard Maurice Edward

Perry.

In regards to a copy of a declaration of Darthard

Perry dated February 9, 1978, at San Francisco, California,

setting forth more detailed allegations by Perry, it is noted

Perry was known by the names Darthard Maurice Edward Perry,

also known as Darthard Perry, Ed Riggs, and code name

specific replies to

in the declaration:

NW 55236 DocId: 32989814 Page 37

---

## Page 38

CONGKESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) :

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

1) Darthard Maurice Edward Perry, also known as

Darthard Perry, Ed Riggs, code name Othello, was not

an FBI informant, officially or in any other capacity,

prior to February 12, 1974.

The day when Perry voluntarily

appeared in the Los Angeles

Division of the FBI approximately

two weeks after the SLA, a terrorist organization, surfaced

Francisco, California, and claimed credit for the

kidnaping of Patricia Hearst on February 4, 1974.

offered to work for the Bureau in that case. However, by

interview it was determined he had no knowledge or

information of value concerning that case at that time.

On February 12, 1974, Perry voluntarily submitted to being

fingerprinted and photographed for identification purposes,

and after interview,

Perry departed the Los Angeles FBI

Office.

He was subsequently recontacted by SA Heaton

On

March 6, 1974, with regard to further assessing Perry's

informant potential.

The BPP was considered defunct and

no longer in existence in Los Angeles, California, in 1974.

Perry did not attend

or report on any meetings or

activities of the BPP as an organization.

There was no.

pending or active ongoing fBI investigation of the BPe

in Los Angeles, California, during February, 1974; to

March, 1975, the dates of

official FBI contact with Darthard

Maurice Edward Perry.

2)

Darthard Maurice Edward Perry was interviewed

by SA Brendan O. Cleary and SA William Otto Heaton on

February 12, 1974.

Thereafter, SA Cleary had very limited

contact with Perry. SA Heaton

has no recollection of ever

having used the term

"Black Radicals" to describe the type

of cases he was assigned, and SAs Cleary and Heaton were

equals as Special Agents.

3) SA Heaton is presently assigned to the San Fer-

nando Valley Resident Agency of the FBI, LOS Angeles

Division, where he was transferred on official business

on July

24, 1975.

The San Fernando Valley Resident Agency

(RA) is located in

Tarzana, California.

11

TN 552362007d: 32989814Page-38

---

## Page 39

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

4) SA Heaton has no knowledge of any FBI Agent

of employee by the name of "Michael Quinn."

SA Heaton

does not know any Michael Quinn in the FBI.

5) During the period March 21, 1974, to March 19,

1975, under FBI established procedure and Bureau authority,

Perry received payments for actual expenses incurred and

for his services on a cash-on-delivery basis commensurate

with the assessed value of the information furnished.

Payment was made in cash, for which he signed a receipt.

Mr. Perry was authorized

by the Bureau to receive up to

a maximum of $300 monthly for services and expenses and was

paid a total $2,404.98.

Perry received no other reimburse-

ment for services or

expenses.

Perry received no payments

before the date of his first appearance in the Los Angeles

Division FBI, February 12, 1974, or after the date of his

termination

as an informant on March 31, 1975.

In the personal knowledge of SA William Otto

Heaton, Darthard Perry never worked for or with the

LOS Angeles

PD, specifically the Criminal Conspiracy Section.

TO SA Heaton's knowledge, Perry never met Officer Lieutenant

Lee Castretas of the Los Angeles PD, Criminal Conspiracy

Section.

SA Heaton has never known and has no reason to

believe that Lieutenant Castretas is or was a primary

connection

between the Central Intelligence Agency (CIA) and the Los

Angeles PD.

Under established Bureau procedures, Perry

was an FBI informant, and as such was instructed

to furnish

information only to the Bureau. Any information furnished

by Perry concerning a criminal subject of another law

enforcement agency would have been disseminated by the FBI

and not given directly by Perry.

Perry's knowledge of

that agency or officers was obtained by Perry from a subject

himself knowing such facts and by discussions between Perry:

and SA Heaton.

Specifically, an extremist fugitive subject

was wanted on warrants charging bomb making and weapon

possession by both the Los Angeles PD and the Bureau of

12

NW

55236 DooId: 32989814 Page 39

---

## Page 40

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

Alcohol, Tobacco and Firearms (ATF). Perry furnished

information which located that subject for arrest following

his return from out of state to California. The subject

knew Detective Castretas.

The subject later told Perry

the subject was going to kill Castretas.

That threat was

disseminated to the Los Angeles PD, for the protection of

the life of the officer.

7) SA Heaton did meet with Perry at various

locations on the streets in automobiles at or near his

residence, and near the Los Angeles Headguarters of the

spoke with Perry on the telephone from that

location.

SA Heaton worked on the 14th floor of the

Building, a fact known to Perry. As noted earlier,

Perry was in the FBI Office on February 12, 1974, and after

interview was escorted through the FBI Office to

fingerprinted and photographed, and was escorted out of

the office.

8) The alleged visit of Darthard Perry to

San Quentin Prison in late 1974 or 1975 is believed by

SA Heaton to be a total fiction by Perry.

Perry was not

assigned to visit Pratt and never reported making any

personal visit to

Pratt.

If Perry in fact made any visit

to San Quentin Prison in 1974 or 1975, such was without

the knowledge, assignment, request or direction of the

FBI.

9) During the time Perry was an informant for

the FBI and in late 1974 or early 1975, he did claim

making contact with extremist subjects and members and

supporters of the Black Liberation Army (BLA) • However,

Perry's alleged contacts, and reports thereof, are the

only known evidence of their occurrence.

10) From personal recollection, SA Heaton is of

the opinion and belief that Elmer "Geronimo" Pratt

13

NW 55236

DocId: 32989814 Page 40

---

## Page 41

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

AILEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

(FOIA)

-

was not returned to Los Angeles from San Quentin Prison

for resentencing and was not housed again in the Los

Angeles County Jail during 1974 or early 1975.

A court

hearing on an appeal or a resentencing of Pratt did occur

in late 1974 or early 1975. From personal knowledge, SA

Heaton is quite certain that neither he nor SA Brendan O.

Cleary ever contacted Perry and

said, "The Bureau had

fucked him up," meaning Pratt,

"and had put his ass where

it belonas.

The Bureau was going to fuck him up again

with his people."

11) SA Heaton did show Perry regularly and according

to normal procedure, photographs of subjects for assistance

in identification, or of fugitives for assistance in locating.

He was furnished

a few FBI Wanted Flyers.

He was furnished

with publicly

available extremist and terrorist literature,

and written notations by Agent Heaton to attempt

• to direct

Perry for the purpose of obtaining information within

the jurisdiction of the FBI. Darthard Perry was furnished

photographs of a Los Angeles County Courthouse or Jail, and

he was furnished in connection with one official investi-

gation two deceased infant birth certificates, not a violation

of any law, inasmuch as information had been received from

other sources that members of the BLA in Los Angeles,

California, were planning an attempted violent jail break

for Pratt should he be brought to Los Angeles, California,

a less secure confinement than San Quentin Prison.

Perry

was reporting these persons were planning a "more efficient

Marin County shoot out" to free Pratt should he be returned

to Los Angeles County.

12) SA

Heaton supplied the "phony birth certificates"

to Perry in reliance on his aforementioned assertions and

reports of being in contact with BLA subjects and of

their being receptive to Perry being a free lance writer

who wanted to obtain an interview and to be of assistance

to Elmer

"Geronimo" Pratt.

Perry was not given any cover

story

or false identification for his own use.

Prior to

14

NN 55236 DocId: 32909814 Page 41

---

## Page 42

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING IO REQUEST OF

ELMER "GERONIMO" PRATT

his first appearance at the FBI on February 12, 1974, Perry

had already assumed

the name Ed Riggs as a free lance

writer.

The shift in context from Perry's being quide:

to penetrate the BLA to that of instigating a breakout

for pratt or to "involving" others is in the opinion and

belief of SA Heaton, attributable to subseguent tutoring

by persons who wished to utilize Perry to defame the

13) Here Perry is correct. The objective was that

Perry would utilize the photographs of a Los Angeles

County Courthouse and the deceased infant birth certificates

to establish his bonafides as one willing to assist "the

underground" and thereby to place Perry in a position where

he would have firsthand knowledge of any planned jail breaks

for Pratt by extremist supporters.

Elmer Pratt was set up on a killing that occurred

has never

acquired any information anywhere that the FBI

was monitoring Pratt and knew all along he was

; in Oakland,

california, on the night of December 19, 1968.

15) SA William Heaton has always been of the

understanding that the "planned" breakout of Elmer Pratt

from the LOS Angeles County Jail never occurred because

the court subsequently ordered Pratt not to be brought to

the Los Angeles County Jail for security reasons, or other

judicial reasons unknown to SA Heaton.

It is believed that

acts of violence and planned escape attempts were avoid

by the court's action.

As a matter of speculation, Perry

may not have convinced any member of the BLA to allow him

to participate in a planned escape of Pratt. By all accounts

read by SA Heaton, the escape attempt of George Jackson,

the bloodiest in the history of the State of California,

15

NW 55236 DocId: 32989814

Page 42

---

## Page 43

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) i

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

at San Quentin Prison on August 21, 1971, was not a "planned

assassination" of Jackson.

The deceased guards who had their

*ranted ast sant hone refused to join that type of

SA Heaton additionally asserts on personal knowledge

and belief that Darthard Maurice Edward Perry was never

utilized as a part of Cointelpro. SA Heaton was

not aware

of Cointelpro during its existence.

To his knowledge,

SA Heaton never assisted any Cointelpro matter.

SA Heaton

never discussed Cointelpro with Perry. SA Heaton presently

is not aware and has no information to believe that Elmer

Pratt was ever a target of Cointelpro.

SA Heaton presently.

has no knowledge of any information within the FBI suggesting

that Pratt or anyone was framed

for any murders, as a part

of Cointelpro or any other operation of the FBI.

SA Heaton submits for consideration the fact that

aiter Perry was no longer an informant, during the period

October, 1975, to March, 1976, Darthard Perry's credibility

for truthfulness was completely impeached in a Federal trial

in a tax case captioned, "U. S. versus John David Gardner,

Number 75-524 (Criminal) before the Honorable William Matthew

Byrne, JI., U.S. District Judge, Los Angeles, California."

rumored wrongdoing by the fBI attributable to

Perry, he was brought in on subpoena first as a government

witness and then as a defense witness during both pretrial

and post conviction hearings.

Darthard Perry provided

numerous false declarations under oath in said proceedings.

Darthard Perry made the following statements and allegations

under oath, after being furnished with a court appointed

defense attorney, in United States District Court, Central

District of California, Los Angeles, California:

-

1) While working as an extremist informant,

he conducted electronic surveillance of the

California State Democratic Headguarters and

all state Democratic Legislatures during the

period 1969 until 1975.

16

NW 55236 DocId: 32989814

Fage 43

---

## Page 44

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

-

2)

While working as an extremist informant,

he video taped the inside of California

State Assemblyman Leon Ralph's Los Angeles

Office, took documents from that office,

and then gave these documents to the FBI.

3) The FBI conducted a program of harassment

and physical surveillance against Mervyn

Dymally, State of California Lieutenant Governor, and

John David Gardner, the subject of the Internal

Revenue Service tax case.

4) That Perry placed monitoring devices

at the State Capital, Sacramento, California,

at the direction of the FBI and taped

conversations between Gardner, Ralph or

Dymally.

The above allegations and statements, as well as

a portion of a taped telephone conversation by Perry to an

above a legatio

FBI Agent were published in the "Los Angeles Free Press,"

a local underground or alternative newspaper. After

extensive testimony involving citizen witnesses who testified

that the things attributed to them by Perry did not occur,

and marked by expansive disclosure and cooperation by the

FBI and the United States Attorney's Office at Los Angeles,

California, the Judge, Honorable William Matthew Byrne, JI.,

ruled he found no evidence to support the testimony of

Perry.

The trial of the defendant in that case, John

David Gardner, who never had any connection whatsoever

previously to

Perry, proceeded and he was convicted.

Subsequently, attorneys for the defendant, Gardner, filed

additional affidavits by Perry opening post conviction

hearings. In the post conviction hearings, Perry contended

17

NW 55236 DooId:32989814 Page 44

---

## Page 45

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS

REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

to defense counsel and to the court that he was still an

FBI informant paid to infiltrate the defense and to

prejudice the court against the defense by lying to the

court and making it appear that the defense had put hir

up to it. The defense even submitted Perry to a polygraph

test then conceded he had flunked miserably, although he

passed two questions, in substance being he had been an

FBI informant and that he had

been paid by SA Heaton.

At one point in the post conviction hearings, Perry insisted

on testifying over the objection and against the advise

a court appointed public defender, and even after being

advised of his rights by the judge with a view to the

possibility of a perjury prosecution by the government.

On one occasion, the judge issued a bench warrant,

and Perry was arrested

to secure his appearance at the

hearing. At the conclusion of the post conviction hearings,

the judge again ruled he found no truthfulness in the

testimony of Perry..

SA Heaton states categorically that Darthard

Maurice Edward Perry's alleged activities as an FBI informant

prior to February, 1974, are false.

Some of what Perry

claims after February, 1974, to March, 1975, bears some

recognizable basis in

SA Heaton is

aware of some,

but not all of Perry's activities or associations since

March, 1975. However, SA Heaton has seen, read, and

responded to a number of Perry's subsequent allegations

and note they change to fit circumstances and the audience

Perry is trying to impress.

The FBI has received information

that persons to whom Perry has made various allegations

are aware that Perry is not telling the truth, but believe

they can use

him to their advantage and to do

harm to the

FBI.

SA Heaton is informed and believes that certain

persons are using the known false statements of Darthard

18

NW 55236 DocId: 32989814 Page 45

---

## Page 46

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

(FOIA)

-

Perry for their own ends anytime they can find a new forum

for presenting them. As an example, SA Heaton is informed

that a document entitled, "Manipulation of Organizations,

Especially Cleaver vs. Newton Factions," given by Perry

to the Governor's Protective Service in Sacramento, California,

and previously responded to by affidavits of SA Heaton

and Cleary dated August 4, 1975, and August 6, 1975,

respectively, and also utilized in the United States versus

John David Gardner trial to impeach Perry, was in

written for Perry by Donald Freed. SA Heaton was

stand hugo a stares versus

telephonically informed by Perry on May 1, 1975, after he was

no longer an official informant, that Perry was beginning

to fear

•for his life and that he had been in personal

discussions with Donald Freed, head of the Citizens Research

Donald Preed, in

Freed, a white male, is

a Hollywood fiction writer, member of the Socialists

Workers

Party, founder of the defunct Friends

of the Black Panther

Party, author and producer of the movie, "Executive Action,"

starring Burt Lancaster, advancing a conspiratorial theory

of government involvement in the assassination of former

President John F. Kennedy; a collaborator with a former

Los Angeles PD informant Louis Tackwood in the book, "The

Glass House Tapes," an alleged expose of police provocation

and procedures.

Most recently, by newspaper accounts, Donald Freed

was a star alibi witness at the trial of Huey Newton on

felony murder charges in Oakland, California.

In conclusion, SA Heaton has no knowledge of any

murders encouraged or plotted by the FBI. SA Heaton has

no knowledge of any frame-up of murderers, being Elmer

Gerard "Geronimo" Pratt or any other person.

SA Heaton

avows no personal, direct, indirect, firsthand or second-

hand knowledge of

any extenuating, mitigating, exonerating,

or exculpatory evidence concerning Elmer "Geronimo" Pratt,

for any crime on which he may have been charged and

convicted.

19

MW 55236

DocId: 32989814 Page 46

---

## Page 47

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) :

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

SA William Otto Heaton declares without reservations

that allegations attributable to Perry as related to

Heaton are without factual basis and untrue, except where

otherwise indicated.

Possible True Identity of Michael Quinn

The following statement is submitted by

SA Thomas

s. O'Quinn, the only Agent assigned to the Los

Angeles Division of the FBI whose name bears resemblance

to "Michael Quinn:"

"I, Thomas S. O'Quinn, am a Special Agent

of the Federal Bureau of Investigation,

assigned to the Los Angeles Field Office.

I arrived on duty in Los Angeles in February,

During my first six months in Los

Angeles, I was assigned to work extremist

matters

• on the same squad as. SA William

Otto Heaton. At some point during that

six months, I accompanied another Agent,

SA Raymond A. Mislock, to witness his

making an authorized informant payment to

Darthard Perry on behalf of SA Heaton, who

was unable to make the meeting.

During

this meeting, I was introduced to Darthard

Perry. I was merely an observer. I neither

gave Perry any assignments nor received

any information from him, then or at any

other time. Since then I have not seen

or communicated with Darthard Perry in any

way, form or fashion."

-

It is noted that other Agents of the Los Angeles

Division of the FBI have observed Perry while accompanying

SA Heaton during the term of Perry's informant status,

or were in United States District Court during Perry's

20

WW 55236

DocId: 32989814 Page 47

---

## Page 48

CONGRESSMAN PAUL N. MC CLOSKEY

(CALIFORNIA) ;

ALLEGATIONS REGARDING MISUSE OF

THE FREEDOM OF INFORMATION ACT (FOIA)

PERTAINING TO REQUEST OF

ELMER "GERONIMO" PRATT

testimony in the tax case, United States versus John

David Gardner, or were involved in subsequent investigations

involving Perry for interception of communication or

perjury matters.

None of their names have any resemblance

to "Michael Quinn."

It is further noted that Perry testified in the

people under surveillance that were friends of Mervyn

Dymally.

NO

such Agent was identifiable by the Bureau.

21*

NW 55236 DocId: 32989814

Page 48

---

## Page 49

0-9 tiạt

!

TRANSMIT VIA: ATRTEL

PRECEDENCE:

CLASSIFICATION:

, To: SACs, LOS Angeles

San Francisco.

• Boston

DATE: 4/2:31/79

From: Director; FBI:

CONGRESSMAN PAUL N.: MCCLOSKEY (CALIFS) :

ALLEGATIONS: REGARDING MISUSE OF. THE

FREEDOM OF INFORMATION ACT. : (FOIA:)

PERTAINING TO REQUEST. 'OF

ELMER :"GERONIMO". PRATT. :

Enclosed for receiving offices. are copies. of the fol-

(This line for LEFT MARGIN.)

lowing documents:

: 1) Letter from Congressman McCloskey to Director

webster dated' 4/6/79, which enclosed two affidavits:

signed by Darthard Perry, dated: 2/9/78 and 3/3/79

respectively; a. letter from Congressman McCloskey

to Mr. Stewart Hanlon, Esq., dated 4/6/79; and a

memo from Congressman McCloskey to Cathy Sands

(staff member of the House Government. Operations

Committee): dated 3/1/79.

: 2):. Affidavit of SA Brendon O. Cleary dated 8/4/78.

3).. Affidavit. of SA Brendon O. Cleary dated 8675.

: 4):. Affidavit of SA William Otto Heaton dated 8/4/75.

Representatives of Legal Counsel Division, FBIHl;

met with Congressman McCloskey in Washington, D.C.,

with re-

spect. to the enclosed letter of 4/6/79. The Congressman indi-

cated that he would like to be supportive of amending the FOIA

to rectify the adverse impact the Act has had on law enforce-

ment.: He advised, however, that before he could commit him-

self to such a position; he would need assurances that certain:

Enclosures 3(7):

(Do not type

A A

his line.)

Sch

66-6220-5

SEARCHED.

SERIALIZED... ..

-FILED. /AN

APR 2 5 1979 A

- LOS ANGELEA

c: + 170-26-57800

I NW 55236 DocId:32989814 Page 49

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## Page 50

Airtel to SACs, Los Angeles

San Francisco

Boston

RE :

Congressman Paul N. McCloskey (Calif'.);

Allegations Regarding Misuse of the

Freedom of Information Act : (FOIA)

Pertaining to Request of

Elmer "Geronimo" Pratt

allegations relating to' the misuse of the FOIA by. the FBI with :

regard to captioned matter are unfounded.

The Congressman indicated that Pratt was convicted

in 1970 for the 12/18/68 murder of a young woman in Los Angeles;

California. The attorney representing Pratt, who is now a

Senior Assistant District Attorney in Los Angeles, has informed

the Congressman that he sincerely believes Pratt to be inno-

cent.

Congressman McCloskey stated that the information he

received indicated that the

conviction of Pratt was apparently

based upon the eyewitness identification of an individual

given under doubtful conditions.

Congressman McCloskey further related that in

attemp hope father new evidence, pratt filed an ToTa request

gaining documents. that would prove Pratt was

not at the scene of the murder on 12/18/68. Congressman

McCloskey noted, however, that Pratt was informed by the FBI

that FBI. Headquarters had no records relating to him dating

prior to January of 1969. For your information, this repre-

sentation is in fact correct as Pratt has been duly advised

by FBIHQ that no records exist at FBIHI dating prior to 1/69.

Congressman McCloskey stated that he had some

question about the 'Bureau's response inasmuch as a former FBI

informant by the name of Darthard Perry has come forth with

an affidavit (enclosed) suggesting the following:

That Pratt was "framed" on the murder charge as

part of the Bureau's COINTELPRO;

2).

That the FBI had

surveillances on Black Panther

Party (BPP) members in 12/68 which would confirm

Pratt's claim that he was at a Party meeting in

Oakland, California on the day of the murder.

3)

That the FBI conspired in an attempt to "set-up"

Pratt by planning an escape by him in 1974 or 1975.

Congressman McCloskey pointed out that in this affi-

davit of 2/9/78 and in a subsequent affidavit of 3/3/79, which

÷2-

NW 55236

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Page 50

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## Page 51

Airtel to SACs, Los Angeles •

San Francisco

Boston

RE: Congressman Paul N. McCloskey (Calif.) ;

Allegations Regarding Misuse of the

Freedom of Information Act (FOIA)

Pertaining to. Request of

Elmer "Geronimo" Pratt

is also enclosed, Perry alleges that he was a paid informant

of the FBI reporting on BPP matters including matters relating

. to Pratt as early as December of 1968.

The Congressman stated that attorneys for Pratt have

made available to him copies of releases the FBI has made 'to:

Pratt under the FOIA.

Congressman McCloskey noted, however,

that in reviewing these releases, he was unable to determine

whether Perry's

allegations and Pratt''s contentions of inno-

cence are true.

Congressman McCloskey stated that in view of

the information that has come to his attention, he would like

assurances from the FBI that the FOIA has not been abused in

this case by the withholding of evidence which would tend to

clear Pratt of the murder charges.

In reviewing Perry's affidavit of 2/9/78 and 3/3/79,

you will note that Perry alleges he was paid a substantial amount

for services rendered as an informant dating back to 1968. A

• review of Bureau files indicates that this allegation may be

exagerated inasmuch as our records disclose that Perry was an"

Extremist Informant (EI) of the Los Angeles Division from 2/74

to: 3/75 and was only authorized to receive up to $250 per

month for services and $50 per month for expenses. Perry was

carried as an EI in case captioned: "Darthärd Maurice Edward

Perry, aka; Former EI; Bureau File #157-20684j Los Angeles File

• #170÷2658,"

We also note that Perry has in the past made alle-

gations of misconduct against SA's Heaton and Cleary which were

refuted to the satisfaction of the Bureau in signed affidavits. by

• these Agents: (see enclosed affidavits).

It is further noted that Perry also names in his •

affidavit of 2/9/78 a "Michael Quinn" as a Special Agent with

whom he had contact. There is; however, no record of a

Michael Quinn being on the Bureau roles. There was a Paul E.

Quinn assigned to the Los Angeles Division, but our records

indicate that he recently retired from the Bureau.

In an effort to resolve the concerns of Congressman

McCloskey, you are requested to conduct the following inquiries:

NW

55236 DocId: 32989814

Page 51

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## Page 52

Airtel to SACs, Los Angeles

San Francisco

Boston

RE: Congressman Paul N. McCloskey (Calif);

Allegations Regarding Misuse of the

Freedom of Information Act (FOIA)

Pertaining to Request of

Elmer

"Geronimo" Pratt

1)

SACs, Boston and Los Angeles should secure

responses from SA's Cleary and Heaton with re-

gard to the allegations made by Perry in his

affidavits of 2/9/78 and 3/3/79. It is preferred

that the response be particularized to corres-

pond to the paragraphs set forth in Perry's

affidavits. It is suggested that SA's Heaton

and Cleary refer to the enclosed materials for

background information.

2). SAC, LoS Angeles should attempt to deter-

mine the true identity. of Michael Quinn and,

if possible, make reasonable efforts to secure

a response from him.

You may make the enclosed

documents available to him for his review.

3) SACs, Los Angeles and San Francisco should

conduct a careful and thorough review of field

office files to determine if there is any infor-

mation contained therein that would tend to:

exonerate: Pratt of the murder conviction alluded

to above..

te pratt of the no

If it is ascertained in your file re-

view that other field offices have any records

pertaining to Pratt, you should set out appro-

priate leads to those field offices to conduct

•a similar review.

• 4) Your responses should be directed to the

attention of Legal Counsel Division in an LHM

suitable for dissemination.

Please note that

the LHMs will not be disseminated outside the

Bureau other than to the Department of Justice,

if necessary. Responses should be furnished

, to: reach the Bureau by c-o-b, 5/18/79.

-4-

NW 55236

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## Page 53

AUL N. NiCCLOSKEY, JR.

12TH DISTRICT, CANTONHIA

COMMITTCETON

'GOVERNMENT, OPERATIONS"

COMMITTEE ON

MERCHANT MARINE

AND FISHERIES

'Congress of the United States

House of Representatives

¿clashington, D.E.

20515

April 6, 1979

205 CANNON BUILDINO

WASHINaTON, D.C.

20515

(202) 225-5418

DISTRIST OFFICE:

305 GINST AVENUE

PALO ALTO, GAUTORICA 94306

(515) 326-7383

• Mr. William H. Webster

Director

Federal Bureau of Investigation

19th and Pennsylvania Ave., NW

Washington, D.C.

20535

Dear Director Webster:

Pursuant to a conversation with Jim Farrington and Chris Mazzella

of the FBI yesterday, I enclose herewith a memorandum to the Government

Operations Committee staff, dated March 1, 1979, as well as two affidavits

of a former FBI informer, Darthard Perry.

These affidavits have been

furnished to me by counsel for Elmor "Geronimo" Pratt, a former member.

of the Black Panther Party and subject to FBI surveillance under the

COINTEL Program of the late 1960s and early 1970s. Pratt was convicted

of a murder which occurred during the COINTEL Program, a fact which

was not known to his attorney at the time of his trial.

Mr. Pratt's attorneys are engaged in an FOI Act lawsuit with the

FBI at the present time.

While it would be inappropriate for either me

or the Government Operations Committee to intrude upon that lawsuit, the

precise facts of the case may give us a good case study for consideration

as to possible amendment of the Act. I have been concerned for some

time that the FOI Act may impose an undue burden on law enforcement, but

at the same time, in cases where informant testimony has been critical

in a criminal

conviction, it is clear that law enforcement agencies will

have to bend over backwards to assure the public that no miscarriage of

justice has occurred. At the present time, 1 am uncertain as to how the

law should be amended to accomplish both results.

With respect to the Perry affidavits, however, the issues raised

therein are serious enough, in my judgment, to warrant an immediate and

thorough internal investigation by the FBI.

I have personal knowledge of the integrity and reputation of the

California attorneys who are representing Mr. Pratt, and who have stated

their personal belief in his innocence.

Likewise, the attorney who

defended him at the time of his conviction in Southern California, and

who was unaware of the COINTEL Program's existence and targetting of

Mr. Pratt at that time, is presently a Senior Assistant District Attorney

in Los Angeles.

It is his belief also that Mr. Pratt is innocent of the

charge for which he was convicted.

THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS

NW 55236 DooId 32989814 Page 53

:

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## Page 54

Mr. William H. Webster

Page Two

April 6, 1979

By reason of the foregoing, I would appreciate your early response on

the following three points:

1. Should the FOI Act be amended (and specifically how) to protect

the FBi from undue public intrusion into the law enforcement

process, yet protecting defendants such as Pratt who, at time

of trial, are unaware of FBI programs such as COINTEL?

Using the Pratt case as a case study in procedures

soft.

the FO1 Act, are there any specific restrictions which should

I try be added to the FOl Act or any existing restrictions which

should be removed with respect to informants such as Darthard

3. Will you institute an internal FBI investigation of the Pratt

case to determine whether there is any evidence in the files to

indicate the possibility of Pratt's innocence or doubt as to Pratt's

guilt?

Thank you for your attention. Your work as FBI Director thus far

has given many of us a great deal

of pleasure and confidence in the

future.

Sincerely,

Paul N. McCloskey, Jr.

PNMCC: tw: cs

'Enclosures

:

NW 55236

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## Page 55

PAUL N. MCCLOSKEY, JR.

12711 DISTINGT, CALIFORNIA

COMMITTEE ON

GOVERNMENT OPERATIONS

AND

COMMITTIF ON

MERCHANT MARINE

AND FISHERIES

Congress of the United States

House of Representatites

Washington, D.E. 20515.

April 6, 1979

205 CANNON BUILDINO

WASHINGTON, D.C.

20315

(202) 225-5811

DISTRICT OFFICE

305 GRANT AVENUC

PALO ALTO, CALITORNIA 9630G

(415) 326-7383

Stuart Hanlon, Esq.

Tamburello, Hanlon & Bresciani

294 Page Street

San Francisco, CA

94102

Dear Stuart:

Cathy Sands and I met yesterday with Jim Farrington of the Office

of Legal Counsel of the FBI and Chris Mazzella of their Congressional

Liaison Office.

I gave them copies of the two Darthard Perry affidavits, as well as

a copy of my own memorandum to Cathy Sands of March 1, 1979, a copy of

which is enclosed.

. I also enclose a copy. of my letter of this date to

Director Webster which is self-explanatory.

Mr. Farrington asked that I ask you and/or Mr. Lubell to submit

copies of the Darthard Perry affidavits directly to Director Webster

under your letterhead. I am not sure precisely as to why the FBI feels

that you should submit this information directly to the Director, but

in view of the FOI lawsuit, I assume this is an appropriate request.

The question of Pratt's guilt or innocence is entirely separate and

distinct from the question of the FOI Act's interpretation, and while

it would be improper for me or the Government Operations Committee to

intrude in any way with respect to the FOl litigation, the facts of

that case as it evolves may give us the best possible means to understand

the precise problems that the current language of the Act creates for

both the FBI and for defense counsel in cases like the Pratt case.

With respect to Pratt's guilt or innocence the FBI concurs that

every last scrap of evidence that might potentially be of assistance to

Pratt or which might cast doubt on his guilt should be brought forward

by the FBI. I am sure that Director Webster and the FBI, as presently

constituted, will be fully cooperative in this regard, but I intend to

follow through, with a Congressional investigation into the Pratt

• case if this proves necessary.

I would welcome your comments and suggestions.

Sincerely,

Paul N. McCloskey, Jr.:

THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS

NW 55236 DocId: 32989814 Page 55

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## Page 56

DARTHARD PERRY, being duly sworn, deposes and

says:

I. During the year 1968, I was working for the Federal

Bureau of Investigation (Bureau), as an intelligence gatherer

or informar.

2. In December of 1968, I conducted surveillance on "targeted"

members of the Black Panther Party, including Elmer Geronimo

Pratt as part of my duties for the Bureau. During the month

of December, I was assigned to cover the activities of Pratt

and I handed in to the Bureau handwritten and telephone reports

of my surveilance of Pratt. As a matter of the Bureau's

procedures my reports should have been filed and should have

been included in typed reports covering the month of December 1968,

and involving Pratt and the Black Panther Party. These typed

reports should be in the permanent files of the Bureau.

3.

Payment cards, travel vouchers and expense vouchers for my

services in 1968, concerning my surveillance of Pratt and the

Black Panther Party are also part of the Bureau's permanent files:

this

1979

Bath Zaid

onathan Lubell, esg.

JONATHAN IN. 1U1EIL

• dir. Store at it

"York

WW 55236 DoNa? 2585814 Page 56

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## Page 57

2

6

7

?

9

10 i

12 :

13

15

26.

19

20:

?:

24

25%

2EC-122:04 OF DAR 722 PERPY

•DaRTED DiaRY, also low os to PIGGS, also known

as BILL PARY, also Enown as OTHELA, airo crows

as NO. RA1A959

1655, under bonalty of perjury states as follows:

?.

¿was a residont of Lo: Angeles, California, during

the years inde throug "975, and became on intelligence Gatherer.

for the Eerina Burea: of Incestigation son time during the fall

i so Intotageror carbores, I was to inform on and.

assette the activitin: cs the diach turther Party as it operated

in the bos marlen area during air of t"re und through all. and

pasts 05 sauceruens veers do to and trailing 1975.

" wacked with Brendar cleary who was in charge of

3.ack radica"s for the feieral Bursa: oe Investigation. I an

informed and icciove that cleary war bi superior to william Obs

zeaton and ones? quine, named below. To my knowedge, Cleary

is stall accura in that capacity vati de FBI in Los Angeles.

3. I' aise woried wich Wiltion Outo Meaton, a special

agent for tie rogeral Barcus of Inveutigain, no my knowledge,

eason is an dougen with the buread tria" Angeles, but, is em-

ployed by the tered inor area pear to: Angeles, possibly var

I aiso worked with nichie! duinn, a special agent

for the Federa: Burcar of Investigation. To my knowledge, Quian

is still a spocial agent in Los Angeles.

I was paid on a bimonthly basis from some time in

S5266 Dôca9329898n4cade 5y the Foderal Purcal de Investigation and

---

## Page 58

1

2

3

5

6

3 *

1958 10 the end of 1975 in cash by she Federal. Bureau of Investi-

gation and its agents. ¿ was paid neproximately sido every im

weeks for the information at the beginning of my employment, name-

y in 1909, 1959, and 1970. ay 1973 I was making approximately

52409 par ronth for the information recarding organizations and

¿naividzars all 05 Maic" das supplied 10 1le ledera? Bureau Of

Investication and its agents. Each meetiny with the FBI occurred

in an arbitrary location, a réstaurant, bari street corner, etc.

0 :

?

2

Lapartmons, specifically, the Criminal Contpiracy Section. I did

as soyers cocasions assist bE: Castestas de the INpo, Criminal

Conspiror section und tic Contral Miollidence Agency of the

Insted States Governmart. I an infored. and believe that he is

the prinar concction lucreen the Cil and the Los Mugeles Police

Department:

•I mas with the above nice employees o. the Escera"

sureau of Investigation, namely Cleary, leaton and Quinn, on

the street; in automobies, and at the kilshire Boulevard Office

Iknown as thy i.d. Center in Westwosd) of the Icüera: Bureau of-

Investigation on the the 1100r, during this periodias time and

shore wath than do tie tereobone.

or carly 1975, in the company of.

special Ngont vichasi suinn i visited san Quentin Prison in Tamal,

California: = posed as a neusman fron NBC and a correspondent

from the wist: triters torkshop. He were met at the bast count

55256 Dier: s2a5811a Fagessorted to the visitina aros me

---

## Page 59

2

6

7÷

of our 'visit' was to interview Elner Brats also "nown as Geroni-

no. I nas placedin a small roor! for the visit with Pratt, Duinn

waiter? outside and monitorce the visit. There vere no barriers

between Drast and myscle.

I also brought han messages fron his

friends Lony John and Christi Farle:, The visit lasted approxi-

mately 45 minutos. I was to accuaint nyself with pratt so that

or his subsequent visit so los angelo: for re-sentencing, it

would be casion to "arcar" him out of sic jos Angeles county

Jai?-

10

13

}4

9.

"was to return to san duentir in the to three veers

with iong johr and Christi. Jong Join and Christi vere to pose

as ny camir people, bringing with li cineras and video equip-

ment supplind vithout their knowledge by the Federal Bureau of

Investigation and its agents. The return visit never happened as

Long joh: suspected soothing and refused to return to the prison

with me.

=9.

In late lone or carly 1975, Fimer Pratt was re-

19 :

turned to jos Angeles for rosentencing and was housed in the los

Angeles jail. I vas contacted by Brendan cleary of the Federa::

Bureau of Investigation and sold that "ihu purcau had fucked him

uo, meaning Prats!, and had put his ass whore it belongs. "The

Bureau was going to fuck him up again with his people".

3 :

11. Special Agent william Otto Heaton accompanied me

to the area surrourding the jos Angeles county jail where the

5l.

photographs scen in Fxhibits"A-1"through"'A-7" were taken. The

tw Bh9tog58ahs29gãf magd see a plan to "brea:" prats ous of jail

---

## Page 60

Mali

and allos him to go "indergrouna".

3

5

:?.. I vas also supplied with "piony birth certificates"

see Exhibit b, which i was to give to the Black Liberation Jrmy,

nancly to chrisi farloi and lung to:n, for purposcs of obtainin.

"phony" identificotion for timer trate and others i would irvolvi

6

in the "bical out"-

7

10

12

*..*

23

35

16

18

1a- Throuch information mud belief, I have knowledge

•==

that the reason the Burday supplied me with the "phony birth

certificates" was an altept by the putau to goin access 1o

the undereround. the Burcau felt it could keep tabs on anyone

going "arcorgroand" this way and aise learn the operation of the

"uncerground" and the wordbouts er various fugitives.

:4..

Phrouga information and belies, I have knowledge

that smar bratt was son to on the tilling that occurred on

Decembar 19, 2958.

BIchaul Cleary told me that the Bureau

was monitoring Prast and knew all clong he was in oakland, Cali-

fornia on the night of December 19, 1969. It is my understading

•that Pratt's co-defondant did the actual killing and then put.

20

21

Pratt as the trigger men. It is my further understanding that

this same co-defendant testified to the above facts and received

a light sentence.

23

•25. 2h0 Pedereral Bureau of Investigation 'plannec

breakout of rimer Pratt Erom the Los Angeles County jail never

24

occurrer because I could not convince any member of the Black

25

Liberation Any or Christi Farlei or Long John to participate

26 il

in such an illegal ictivity and to put flmer Brat: if such

NW 55236 DocId: 32989814 Page 60

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## Page 61

2

3

close prosinity to possibic physical harr or to perhaps a 'planned

assassination' similar to the 'planned assassination' of Georgc

Lester Jackson on August 21, 1971 at san Quentin Prison in Taunal.

California.

5!

I certify and declare undor penalty of perjury that

6:

the foregoing is true and correct. Executed February 9, 1.978,

T: at San Francisco, California.

10

11

22•

13

Reathard Parry

DARTHARD PERRY

15:

36

13

19

22

..

24

RS

NW 55236 DocId: 32989814 Page 61

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## Page 62

March 1, 1979

MEMORANDUM

TO:

FROM:

Cathy Sands

Pete McCloskey

Elmer "Geronimo" Pratt was born in Louisiana on September- 13, 1947.

At age 17, he enlisted in the Army on June 17, 1965, at New Orleans.

He completed airborne training and served in Viet Nam on two

occasions, receiving the Soldier's Medal for heroism, the Army Commenda-

tion Medal and Purple Heart, as well as the Parachute. Badge, Combat

Infantryman's Badge and Expert's Badge for the M-14 Rifle. He was

honorably discharged as a Sergeant (E-5) at Fort Bragg after three years

service, on May 27, 1968.

Pratt thereafter moved to Los. Angeles and enrolled in UCLA's Hi-

Potential program, where he apparently became involved with the Black

Panther Party. movement then headquartered in Oakland.

On January 17, 1969, he was arrested by the Los Angeles Police

Department for

alleged conspiracy to commit assault with a deadly weapon'

and possession of deadly weapons, both of which charges were later

dismissed. This was his first arrest, save for a damage-to-school-

property charge in Louisiana when he was 17. The occasion of the arrest

was the killing of two Black Panther Party members at UCLA, Alprentice

"Buncy" Carter and John Huggins.

NW 55236 DocId: 32989814

Page. 62

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## Page 63

- 2-

On June 2, 1969, the Los Angeles office of the FBI filed a summary

report on Pratt, under the predication: "Investigation was instituted

'in this matter to determine the extent of Elmer Gerard Pratt's affilia-

tion with the Black Panther Party." In the June 2 report, the FBI indicated

a review of Pratt's military records on March 21, 1969, at the Army

Personnel Center in St. Louis, and on April 23, 1969, agents of the Los

Angeles office "located and interviewed" Pratt at a home owned by his

brother, John A. Pratt, at 2506 Hillcrest Drive, Los Angeles.

The June 2 summary report stated that a review of the records of an

unidentified organization, on January 28, 1969, and May 16, 1969, had

"failed to manifest any information regarding" Pratt, but that on May 6,

Pratt and four others had surrendered to 'the L.A. Municipal Court on

outstanding warrants for the alleged beating and unlauful detention of

one Ollie Taylor on April 24,:1969.

The report also reflects statements from unidentified informants,

commencing on January 2, 1969, which suggested that Pratt was a heroin

addict, and a dedicated member of the Black Panther Party, "extremely

ambitious to prove himself'to the Central Office in Oakland," a believer

in killing policemen, and that he lad traveled to Oakland on at least

three occasions, February 8, 1969, February 16, 1969, and March 2, 1969.

He was alleged to have been

a bodyguard for Eldridge Cleaver in the past,

and currently Deputy Minister of Defense.

One informant advised that Pratt was among several members of the L.A.

Black Panther Party who are conducting small robberies and burglaries in

and around the Los Angeles area.

NW 55236 Docid: 32989814-Page -63

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## Page 64

- 3-

The Black 'Panther Party at that time was described by the FBI in the

following language:

BLACK PANTHER PARTY

Also Known As

Black Panther Party for Self Defense

According to its official newspaper, the Black Panther

Party (BPP) was started during December, 1966 in Oakland, Calif-

ornia, to organize black people so they can take control

of the

life, politics, and the destiny of the black community. It was

organized by BOBBY GEORGE SEALE, BPP Chairman, and HUEY P. NEWTON,

BPP Minister of Defense. NEWTON is presently serving a sentence

of 2 to 15; years on a conviction of manslaughter in connection

with the killing 'of an Oakland police officer.

The official newspaper, "The Black Panther" which

further describes itself as the "Black Community News Service"

states that the BPP advocates the use of guns and guerrilla

tactics in its revolutionary program to end oppression of the black

people. Residents of the black community are urged to arm themselves

against the police who are consistently referred to in the publi-

cation as "pigs" who should be killed.

"The Black Panther" issue of September 7,. 1968, contains

an editorial by BPP' Minister of Education, GEORGE MASON MURRAY,

which ends with the following:

"Black men.

Black people; colored persons of America,

revolt everywhere! Arm yourselves.

The only culture worth keeping

is a revolutionary culture. Change. Freedom everywhere. Dynamite!

Black Power.

Use the gun. Kill the pigs everywhere."

Included in the introduction to an article appearing lI

the October 5, 1968, edition of "The Black Panther" is the statement

...we will not dissent from American Government.

We will overthrow

it"

Issues of "The Black Panther" regularly contain quotations

from the writings of Chairman MAO Ise-tung of the People's Republic

of China and feature MAO's statement that "political power grows

out of the barrel of a gun."

The national headquarters of the BPP is located at 3106

Shattuck Avenue, Berkeley, California.

Branches have been established

at various locations throughout the United States.

NW 55236 DocId: 32989814 Page 64

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## Page 65

-4-

J.

'Following

the June 2, 1969 Report, the FBI's files indicale a

continuing interest and receipt of information regarding the Black

Panther Party members and Pratt, but the FBI has

steadfastly maintained,

'in direct response to Pratt's attorneys, that they have no records on

Pratt dating from prior to January 1969.

This is crucial to Pratt's present position because in 1970 he

was charged with having committed a crime in Los Angeles on December 18,

1968, only a few weeks before he allegedly came to the FBI's attention

for the first time. The December 18 murder was the famous "Tennis Court"

case, where a young couple was robbed at gunpoint just after they had

entered a public tennis court. After being forced to lie down and giving

up some $35 in cash, one of the two young black robbers inexplicably /

fired several shöts, wounding the man and killing the woman.

Iwo years later, under doubtful conditions, the man identified

Pratt as the individual who had fixed the shots. He was convicted by!

a jury thereafter. Pratt's lawyer is now an Assistant District Attorney

in Los Angeles and continues to believe Pratt was innocent.

Subsequent to his conviction, Pratt had a long and stormy period of.

incarceration with suggestions made that he had been "framed," and that

while in prison he was guilty of assault on a guard and plans to escape.

Recently, an FBI informer known as Darthard Perry has come forward to

raise the following questions with respect to Pratt:

NW 55236 DocId: 32989814 Page 65

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## Page 66

-5-

1.

The suggestion

that Pratt was framed on the alleged

"Tennis Court" murder of December 18, 1968, as part

Of COINTELPRO operation of the FBI.

2. The suggestion that FBI has surveillance records of

Black Panther Party members in December 1968, which •

would confirm Pratt's claim that he was at a Party

3.

meeting in Oakland on that date.

The suggestion that Pratt was framed for an

4. The

alleged assault on

a San Quentin guard in 1975.

suggestion that an attempt was made to "set up"

Pratt by planning an "escape" by him in 1974 or

1975.

'If Perry's affidavit (attached hereto as Exhibit A) is correct,

we should make a strong inquiry to the FBI and LAPD individuals involved,

to find out whether or not the COINTEL Program was used to obtain Pratt's

arrest, conviction, and subsequent prolonged incarceration.

Of crucial importance is Pratt's contention that he was in Oakland

at a Black Panther Leadership meeting on the night of December 18, when •

the "Tennis Court" murder occurred. A number of Black Panther witnesses

testified on his behalf that he was in Oakland; and this would be consistent

with the FBI's own records after they allegedly commenced surveillance of

Pratt and the Los Angeles Black Panthers early in 1969.

Pratt's lawyers have

formulated the theory that the FBI must have

come across Pratt prior to January 27, 1969, In that they were undoubtedly

keeping the Black Panther Leadership under surveillance, both in Los

NW 55236 DocId:32989814 Page 66

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## Page 67

Angeles and Oakland,

ring the fall of 1968. They have asked that the

FBI search its records on the Black Panther leaders who testified that

Pratt was in Oakland on December 18, confirm whether or not the FBI had

• them under surveillance during. the fall of 1968, and determine whether of

not in such surveillance, Pratt was identified.

These individuals are

named as follows:

Gloria Smith

Bobby Seale

Julio Butler

Kathleen Cleaver

Richard Daniel Johns

David Hilliard

Melvin Cotten Smith

Linda Redd

Shirley Hewitt

Elaine Brown

In the papers that Pratt's attorneys have received from the FBI,

Jonathan W. Lubell's letter of May 24, 1978, to Stuart Hanlon lists eight

documents received by Lubell which seemed to infer that FBI records for

December 1968 or earlier might have some reference to Pratt.

If such records do indicate that Pratt was in Oakland on December

18, 1978, then of course we would have a clear miscarriage of justice.

The COINTEL Program was conceived by former FBI Director Hoover as

an effort to cripple the revolutionary organizations which grew up during

the latter years of the vietnam war. These included the Black Panthers,

Symbionese Liberation Army, "U.S., Inc."

, etc. Hoover asked his FBI

'field offices to submit "imaginative and hardhitting" counter-intelligence

measures aimed at crippling the Black Panther Party" by exploiting its

tension with "U.S., Inc."

• COINTELPRO was not terminated until April 1971;

its tactics used included "framing or

setting up" suspected revolutionary

leaders for controversy and assassination,

and might well have included, in

the fertile imagination of the FBI or LAPD the framing of Geronimo Pratt.

NW 55236 DocId: 32989814

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## Page 68

-7-

Pratt was convicted on informer testimony, and we have recently

seen, in the case of former Black Panther leader, Huey Newton, that

the charge of an informer's testimony can cause the whole case to fall.

Inasmuch as the FBI. is now asking us to investigate the entire

operation of the FOI Act, I think the Pratt case furnishes an excellent

case example.

We should go over to the FBI and go through all of the

original documents submitted by the FBI in the Pratt case,

examine the

documents that were excluded or from which material has been deleted, and

reach an independent judgment as to whether the Act should be amended

or not, or if a miscarriage of justice has in fact

occurred.

:

:

:

NW 55236 DocId: 32989814 Page 68

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## Page 69

AFFIDAVIT

I, Special Agent Brendan 0. Cleary, have been employed

when I first met and interviewed Darthard Maurice Edward Perry.

On

that date, Mr. Perry voluntarily appeared at the fBI Office in

, LOS

Angeles, California,

11000 Wilshire Boulevard.

Mr. Perry, whose

appearance at the IBI Office was unsolicited, indicated he wished to

volunteer his assistance in regard to both the Black Panther Party

(BPP) and the Symbionese Liberation Army (SLA), a terrorist

organization which had recently surfaced in San Francisco, California,

claiming credit for the kidnaping of Patricia Hearst.

Me. Perry voluntarily submitted to be fingerprinted and

photographed for identification purposes and after interview,

departed the Los Angeles FBI Office.

I had only two conversations of substance with Mr. Percy,

one the personal interview on February 12, 1974,

at the FBI Office,

and the other a telephonic conversation on June 5, 1974. Any other

discussions I had with Mr. Perry were telephonic in nature and designed

only to inform Special Agent William Otto Heaton that M:. Perry had

I July 14, 1975, a document was received at the Los Angeles

Division of the

FBI entitled

"Manipulation of Organizations,

Especially

Cleaver vs. Newton Factions,

" reportedly prepared by Mr. Perry,

I have read this document and set forth the following denials

of allegations contained therein,

noting again my only personal concaci

with Mr. Perry was on February 12, 1974:

On Page 2 of the aforementioned document there is mention of

Special Agent Brendan 0. Cleary stating in a joking sort of way that

Cotton Smith had worked for the FBI.

I can recall no such conversation

and to my knowledge, MeLvin tard Smith, also known as Cotton, had never

worked tor the FBI.

The only other contact I ever had with Mc. Perry or subscance

was on June 5, 1974, at which time Mr. Perry telephonically aavised me

that Byron Bartlett, a former member of the BPP,

had made application

to the Los Angeles Police Department to become a police officer.

I never discussed a Mcñeal. Nelson or the Community freedom

School (CFS) with Mx.. Perry as mentioned on Page 7 of his document.

I never received any video

I have read the foregoing statement consisting of one page.

is true and correct, to the beat of my knowleüge.

Signed August 6, 1975, aû Los Angeles, California.

BRENDAN O. CLEA

Special Agent, FBI

Sworn to and subscribed to before me, August 6, 1975, at

Ios Angeles, California.

supere 10

RICHARN

Свіс"

IT. BLONSTE

NW 55236 Docid: 32989814 Page 69

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## Page 70

AFFIDAVIT

I, Special Agent William Otto Heaton, have been

employed by the Federal Bureau of Investigation (FBI)

over eight years and was so employed on February 12, 1974,

I first met and interviewed Darthard Maurice Edward Perry.

On February 12, 1974, Mr. Perry voluntarily appeared

at the Los Angeles office of the FBI. Mr: Perry, whose

appearance was unsolicited, stated he wished to volunteer his

assistance as regards both the Black Panther Party (BPP) and the

Symbionese Liberation Army (SLA), a terrorist organization

which had secently surfaced in San Francisco,

California,

claiming credit for the kidnapping of Patricia Hearst on

February 4, 1974.

Mc. Perry voluntarily submitted to being fingerprinted

and photographed for identification purposes, and after interview,.

•departed the Los Angeles FBI office.

From March 6, 1974; Darthard Perry voluntarily

furnished

information to the Los Angeles Division FBI of various

extremist groups and individuals for which he was paid for his

services and expenses, until March 31, 1975, at which time

contact initiated by me was terminated.

On July 14, 1975, a document was received in the Los

Angeles Division of the fBI

"Manipulation of

•Organizations, Especially

Cleaver

entitles Newton Factions," reportedly

prepared by Darthard Maurice Edward Perry.

I, Special Agent (SA) William Otto Heaton, have read

the aforementioned document.

I make the following affirmative

statement of fact as known to me:

I SA William Otto Heaton,

categorically deny each and

every allegation of alleged impropriety attributed to me in the

statements or publications of Darthard Maurice Edward Perry.

SA William Otto Heaton,

emphatically deny the

allegation of criminal conduct contained in Ms. Perry's atrocious

falsehood that he planted bombs (contraband) at the direction of,

and furnished by me,

for the purpose of framing any citizen on

bomb possession charges.

allegation

SA William Otto Heaton, emphatically deny the

of criminal conduct contained in his spurious

statement that he planted an illegal bugging device at the

lirection of, and furnished by me, in a radio station manager's

I, SA William Otto Heaton, further deny generally

and specifically the following allegations

of other impropriety:

•I deny that I

encouraged, requested,

or directed

Perry to act

"agent provocateur,

to engage in the

dissemination of false information for the purpose öf

disrupting

or interferring with the lawful activities of any citizen.

NW 55236

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## Page 71

I deny that I have planned any plots with Mr.

Perry, or have

given him any cover story.

have been involved in,

or have any personal information or

knowledge of any murders,

provocations, terrorist acts

committed by me,

or any other law enforcement officer.

deny the allegation that Mr. Perry has ever had access to

Government records,

archives, or

"dossiers.

Mr. Perry

according to established procedure,

hotographs of fugitives

and subjects for identification and

to.locate; he was given' FBI:wanted flyers; public

publications; and publicly available extremist and terrorist

and furnished written notations by me to attempt to

direct him for the purpose of obtaining information within the

jurisdiction of the FBI.

During my association with Mr. Perry,

I have come to know as a matter of personal knowledge that he

is a capable reader, and has spent considerable time reading

radical newspapers and publications.

However,

he has great

difficulty with handwriting, and has no typing ability to my

knowledge.

I deny that I planned any law enforcement raids

or based on Mr.

Perry's activities or information.

following' fugitive was arrested on an outstanding warrant

A Federal

based directly on Mr. Perry's information locating the fugitive.

I deny that I ever requested or directed from Mr.

Perxy any

information on any citizen not actually

suspected or actually

the subject of a lawful inquiry under Federal statutes or FBI

jurisdiction. Information volunteered by Mr. Perry on persons

not verifiable, or not within the jurisdiction of the EBl,

not made a matter of record or action by me or

disseminated to

any other agency.

I deny that I requested or directed Mr. Perry to

infiltrate any legitimate news agency or civil rights organization,

or any university or institution of learning. • Mr. Perry was

specifically advised by me that the FBI was

not concerned with

the legitimate activities or any college, its students, or

faculty.

I deny that I ever requested or ordered Mr. Perry to

commit any violations of law,

or requested or directed him to

entrap any person in a violation of

any law.

I deny that I ever requested or ordered Mr. Perry to

get any job as

security guard

or to seek any employment.

I deny that I ever used in Mr. Perry!'s presence

any foul language to describe any person.

I. deny that I ever gave any checks to Mr. Perry.

He

was never instructed to open'any checking account or to incur

any

debts or obligations on behalf of the FBI.

I deny the allegation that Mr. Perry's home was

purchased for him by the rBI..

For the period March 21,

1974,

through March 19, 1975, Mr.

Perry, under FBI established

procedure and Bureau authority, received payments for actual

expenses incurred and for his services on a cash on delivery

basis commensurate with the value of information furnished.

- 2 -

NW 55236 DocId: 32989814 Page 71

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## Page 72

Payment was made in cash, for which he signed a receipt.

Where possible he was required to substantiate expenses

by receipts

or other evidence of cost.

All payments were made a matter of

detailed record.

Mr. Perry was paid up to a maximum of $300.00

monthly for services and expenses for a total of $2,404.98.

Duxing my entire association with Mc. Perry, I

instructed him

and regularly reminded him,

that he was not

confidential, that payments for services were income and strictly

on a cash on delivery basis for the value of verifiable information,

and that he was never to engage in any illegal acts or commit any

violations of criminal law.

impropriety contained therein on a page by page basis:

(BPP), or any

circumstances regarding the Panthers alleged

The history of the Black Paaties d split between the

both fugitives,

were never discussed by me with Mr. Perry.

followers of Huey Newton or Eldridge Cleaver, have no personal

krowledge of those events or the sourcé of Mr. Perry's information.

I have no knowledge of any murders encouraged of.

plotted by the FBI.

'I have no personal knowledge of an individual identified

as Cotton Smith;

or the remarks

attributed by Mx. Perry to any

Special Agent of the FBI concerning the status or activities of

I have never gone through any Panther Party newspapers

checking

out names and pictures and dates of incidents with Mr.

I have never described any investigative

subjects in the

used by Mr. Perry as being the objects of "a running joke."

Mr. Perry has not. examined

"personnel records,

"archives," or "microfilms" on the 14th' floor of the Federal

Building,

Los Angeles Division of the FBI. Mr. Perry was inter-

viewed in the FBI office upon his initial contact by voluntary

appearance February 12, 1974.

Mr. Perry was never offered rewards as an incentive to

locate subjects,

except in the instance of Patricia Hearst's

kidnapping case when Mr. Randolph Hearst publicly offered a

$50,000.00 reward for information leading to her

safe return, a

reward which has since been rescinded.

Emery Evans was the name of an individual known to

Mr. Perry' investigation was ever

suggested by him as a possible extremist subject.

No active

initiated.

Sharon Carr is Sharon

Hazel Williams, a Federal

. fugitive with a warrant outstanding

for her arrest.

There is no "price on her head."

reward offered to Mx. Perry for Bernardine Dorn of the Weather

Underground.

activities.of the US organization as described by

Mr. Perry in his conclusions of the events surrounding a shooting

incident at the University of California at Los Angeles (UCLA)

campus are entirely his own fabrications.

- 3-

NW 55236 DocId: 32989814

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## Page 73

The allegation by Mr. Perry concerning "infiltration

•of organizations by

agent provocateurs" is his own fabrications.

unsolved murder.

is not known to have initiated guerrilla warfare training in

Saugus, California.

The FBI did not participate in the arrest

• of McNeil Nelson or any other members of his Community Freedom

School. (CFS) at or near any rifle range in 1974. Mr. Perry was

furnished, at his request,

an instamatic camera

(Bureau property)

and: an Akai Video Portapac,for one quarter inch videotape

(non-Bureau property) to assist him in his contacts with persons

to obtain information. The instamatic camera valued at approximately

$35.00, he subsequently claimed to have lost.

Mx. Perry was never requested or directed to obtain

phony identification for McNeil Nelson; nor to furnish money to

procure handguns, nor to instruct McNeil Nelson where to buy

weapons.

Mr.. Perry was never requested or ordered to encouraga

anyone to rob banks.

I never stated to Mr. Perry

"it was about

time for the fall of the Community Freedom School."

The Los Angeles Division FBI did not coordinate any.

raid with the Los Angeles Police Department (LAPD) on the

A wanted murder suspect was arrested at the CES and bombs

and destructive devices were found at the CES during the course

of a lawiul police investigation.

'McNeil Nelson was subsequently

charged on Federal statutes by the Alcohol, Tobacco and Firearms

Division (ATF) of the United States Ireasury Department,

currently a fugitive from justice for failure to appear

in court.

no advance information that there were bombs or destructive

devices in the CFS:

Mr. Perry was never instructed in or furnished a cover,

story to join the Watts Writer's Workshop.

He was already so

employed, he claimed,

and documented upon his first visit to the

FBI office, February 12, 1974, and was then utilizing the name

Ed Riggs.

Persons named Jesse Jackson or Jesse Boyd and

organizations

described as PUSH

or any other campus

group were

never discussed with Mr. Perry.

Mr. Perry was never requested or directed to report

on any Black Pride Program at California State University at

Long Beach (CSLB).

He never videotaped or turned over any

pictures on any college or university personnel, students, or

No active investigation was ever

undertaken on Jettery Lakes, s "Sleepy" Montgomery, reportedly personnel

'at CSLB known to Mr. Perry,

whom he suggests as militant subjects.

No information was ever received from Mr. Perry regarding the

activities of Bobby Seale as described by Mx.. Perry.

The entire

information set forth by Mr. Perry concerning Seale, his bodyguards,

the Angela Davis Defense Fund people,

other security people

interviewed and photographed is a'total fabrication by Mr. Perry

or if he was ever

present at such

occurred prior to February 12, 1974, when

a Eumon t Eirst met Net. Perty.

it was an event which

=- Mr. Perry was

not requested or ordered to furnish a

"layout of the building" of radio station KPFK, North Hollywood

California. He was not instructed to videotape or bug Will Lewis,

NW 55236

DocId: 32989814 Page 73

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## Page 74

Manager of KPFK.

asked following the SLA events in Los

Angeles, California, in May - June,

1974,:for any information

which could be of assistance in the Bureau's efforts to apprehend

SLA fugitives and kidnap victim Patricia Hearst..

Mr. Perry

initiated contact with Will Lewis and did make available an original

and only copy of a videotape interview.

of Will Lewis.

No action

was taken based on the videotape as it was amateurish and of no

Mx. Perry furnished no photographs of KPI..

Mr. Perry did

furnish information concerning his personal conversation with

Will Lewis.

Inasmuch as KPFK was not "bugged," I never made the

"the bug has been placed very

Mr. Perry was never "'in bondage" to me..

sepeatedly informed by me that his cooperation was entirely.

voluntary,

and that he would never be asked to do anything illegal

oz against his conscience, nor mould illegal acts be condoned

or tolerated.

Upon first

on May 9, 1974, of Mr. Perry's

probation violation status with the Sacramento County Probation Depart-

• ment on a misdemeanor violation arrest and conviction

from July 26,

I immediately on the next personal contact with Mr. Perry, on

29y 16, 1974, obtained his explanation of the matter and on that

occasion and thereafter encouraged him to make direct contact with

the Sacramento or the Los Angeles County Probation Departments to

resolve the matter.

No action was ever taken to intercede on his

Mx. Perry's "second infiltration of KPFK" was after

termination of his informant status March 31,

1975, and entirely

on his own volition

to seek employment,

as he later volunteered to

me on April 16, 1975.

His stories to KPFK personnel, Will Lewis,

or others were entirely his own fabrications

and unknown to me until

revealed to me by Mr.

Perry on May 1, 1975:

Mr. Perry's communications

to Will Lewis and others were not planned with me.

Mx. Perry admits in his statement, making telephone

calls-to me at the Los Angeles FBI office from KPFK radio station

with Will Lewis listening in and recording the conversation from

his end,

without my knowledge or consent; a violation of California

Penal Code, section 630.

the California Invasion of Privacy Act.

I'his call occurred April 18, 1975.

Mr. Perry called me subsequently

acknowledged the taperecording by Will Lewis at KPIK and that other

personnel and associates of Will Lewis had

"thrown it up to him.

He stated he feared he would be a target for retaliation by black

. extremist individuals.

Mr. Perry was not called back to Los Angeles by me and

was not confronted by

"a team from Washington, D.

"drilled for six and a half hours" in any interview.

Mr. Perry

did volunteer intormation that Will Lewis, manager of radio station

Kifk, Donald Freed, fiction author, Tommy Thompson, Los Angeles

oree Press reporter,

and others were after. Mr.

Perry for his story

and were out to use him for their own financial gain and political

reasons.

Mr. Perry was reminded by me of his prior confidential

relationship with the Bureau for his own protection,

and that the

confidential relationship would be honored by the Bureau.

NW 55236

DocId: 32989814

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## Page 75

Mx.

Perry never called the FBI concerning, nor advised

me of any, notice of eviction from his residence..

"statement of cooperation"

The signed statement

of cooperation states

to cooperate with the FBI in a matter affecting the security of the

United States:

That he considered it a patriotic. duty to so

cooperate and agreed to maintain the relationship in strict confidence.

•That he understood he is not an employee of the FBI and would not

represent himself as such. That he would not make any disclosure or

exploit in any way information which he may obtain on any activity

in which he may. engage on behalf of the FBI, both while actively

associated with

the FBI and thereafter, unless authorized to do so

by the Bureau.

•Mr. Perry's statement that there is a special informant

status, "special agent provocateur" which is a "sort of combination

demolition assassin mercenary," who receives a year's training at

Quantico, Virginia, are his own fabrications.

Mr. Perry was not told to watch any house the day before

the SLA shootout May 17, 1974,

in Los Angeles,

California, and

his alleged observations are entirely his own fabrications.

Mr. Perry was never requested or directed to obtain

any job at the Los Angeles Airport.

Again, Mr. Perry was not involved in any radical groups

at CSLB or California State College at Los Angeles (CSCLA) on

behalf of the FBI.

Wilbur "Popeye" Jackson was killed June 8i, 1975, in

San Francisco,

California, by an

unknown subject,

and was

discussed with Mr. Perry.

The killing of "Popeye" Jackson received

prominent front page coverage in an article in the June 20, 1975,

issue of the Los Angeles Free Press.

Mx. Perry has no information from "dossiers" of the FBI

concerning Joseph Romero or Russell Little,

convicted conspiracy

murderers and members of the SLA, who have

been prominently

reported on in Los Angeles newspapers.

The statement of Mr. Perry concerning the death of James

Carr, is

a matter of conjecture popular with persons Mr. Perry has

attempted to exploit for financial gain on a false story of

activity on behalf of the BI, and was never discussed by me with

The Los Angeles Times newspaper, March 29,

• 1975, part two,

page one, carried a story

"Police Knew Escape Plots Court Told,

Chief Davis Denies Charge Tied to Two Unsuccessful Attempts,

concerning the death of James Carr.

Mr. Perry's association with the FBI was terminated by

me on March 31, 1975.

His termination was predicated on

information indicating a developing financial desperation encouraging

him to furnish false information;

on his initiating activity

without my authorization; and on his seeking employment in the

Icgitimate news media;

• which would have presented a questionable

conflict of interest in his continuing to furnish information to

the FBI.

- 6 -

NW 55236

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75

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## Page 76

I have read the above affidavit consisting of seven

pages and it is true and correct to the best. of my knowledge.

Signed August 4, 1975, at Los Angeles; California.

Alert

IAM ONTO HEA TON

Sworn to and subscribed to before me, August 4, 1975, at

Los Angeles, California.

bare

superson

RICHARD H. BLOESER

7%

NW 55236 DocId: 32989814 Page, 76

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## Page 77

Bostor.,

¡assachusetts

1973

AFFIDAYIE

IRCRIA HAMPTON, ED AT.,

DOWARD V. HARRADAM, ET AJ.

(U.S. C.A., VON CIR.).

CIVIL ACTION NO. 72-1698, 77-2230, 77-1370

I, Broncun D. Cleary, being duly sueen, du hereby

-depose and say:

• 1i I have been a Special agent of the Federal

Burcau of Investigation.since.March 1, 1968,-when .i entered

on duty.: Folloving an initial training perioa, i was then

transferred to Sampa, Florida, and shortly therealter to.

Saint Petersburg, Florida, where I vorked general caininal

mattors from July of 1903 to July of 1969. In July of

IS59, i was tranufenced to ics Abyolos, California, where

I wes assigned to a squad handling comestic intelligence

mattoes under the supervision of Supervisor Richard 3100501.

Miese investigations included the Black Panther Party.

In this regara, on February 12, 1974, I

vas instructod by my superviso, Richard Bloeses, alcig

with special Agent Rillian Otso leator, to intervies an •

indivianal named Maurice Darthard Perry No had appearec

voluntarily ard unsolicited at the rederäl bureau of

Investigation Office, 11000 Wilshire Boulevard, Los Angeles,

california.

3.a

I recall assisting in the conduct of this

intravior of lency, who indicates he rished to assisi the

Federal Buretu of Investigation in its investigation of the

"trica Hears! trnapping case. In this isgard, i recall

rory voing advised by cither ngot or Spocial agone leaton

to use the name "Othello" in any further contages.

NW 55236 DocId: 32989814 Page 77

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## Page 78

- 2-

4.

this matter was then assigned by supervisor

Blooser to Special Agent Willian Otto Heaton and Erom the

date cf the initial intosvion on February 11,.197:, 1 recall

only one telephonic contact with parry, then using the name

"Denollo". That telephonic contict on a date unrecaliet,

was. instituted by Perry in weich he astica for Special Agent

roaton. I instructed perry to call back latar as featon

was not in.

Fron the date of the initiai intervier or Fobruary

12, 1974, I never saw Maurice Darthard Perry again untal a.

subsequent federal criminal trial in Los Argelos, Filliam

cardiado o. the united staton, at mich tire, Elias called

as a witness

fui the prosceution in a suppression of evidence •

hearing to refute ailogations made ly perry.

Ferny, at that

tire as a withoes for the dconser the dote of thás trial

so unrecalled by po, bus setlever to havo been in 107%.

= 5. no segards a core of an unsigned and traited

... Declaration, saiting forih aloned contacts by me in the

Los angeles area, I submit the following specific rept by

corresponding- paragraph naber. as it directly zelages to re:.

2. As previously stated, invastigated matters

- relating to the Blac! panther party but was never da a

supervisory capacity over special agent Tauton or lichael

Quinn, whose nang I have hever heard before as bezas in the

Fedeal Bureau of Investigation. I was not in charge os

. "vlach radical" investigations for the rodexal nusedu of

Invesrigation and in fact was and continue to be an investigative

Spociol Agent wishout suporvisosy authority. .I

am currently

assigned to the loston, Massichnoits Divirion of the Fedoral

NW 55236

DocId: 32989814

Page

78

.. paranorsesson to a 10a 20-

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## Page 79

- 3-

Burcau of Investigation working general criminal cases within.

the Fodcral Burcau of Investigation's jurisciction.

5. I never pain any money

to "Othello" and can

only Iccall one telephone call in which I instructed

"Ochello" to call back when Special Agent Hcaton was out

of the office. I never mot "Othello" (Perry) anyahore but

on that

ore occasion when he voluntarily appeared at the

rederal fureau of Investigation Office on February 12, 1974.

though, "I reitorate I did ohaerve perry at criminal

preadings mentioned previously. ›

- 7. No previously stated the only time I ever

not and talked to "Othello" (Perry) personally was at the

reächal purcau of luvestigation Office, 17th 41002, 11000

mishire soulevara, los angeles on Fabinary 12, 1974.

8.

capratically dons any knowledre os or

contact with Wislion O'deal end-the alleged administering

of "scoo bochital sleaping pondar", in licol-nia to Pred

lampton.

I declare Vithout reservations that allegations

sou forth in declaration provicod by "Othelio" as related

co me are vithout factual basis and untrue @xcept as I hava

indicated above.

BRENDA! O. CLEARY

..euoen coderere me this in.

--.

/:;

4ca22.

My Conniscion Capires

22s/r4

NW 55236

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## Page 80

FD-35 (Rev, 5-22-91!

FBI

Date: 12/3/75

Transmit the following in

(Type in plaintext or code)

AIRTEL

AIRMAIL

• Via

(Priority)

TO:.

DIRECIOR, FBI

FROM:

ADIC, LOS ANGELES (66-6270)

SUBJECT: HOUSTUDY

Re Bureau teletype to Los Angeles dated 12/2/75,

captioned,

"HOUSTUDY"

Enclosed for the Bureau are six copies of a

letterhead memorandum (LHM) captioned DARTHARD MAURICE

EDWARD PERRY, Who is a former extremist informant.

the subject of Los Angeles file 170-2658,

Bufile 157-20684.

3 - Bureau (Encl. 6)

2 - HOUSTUDY

(1. - 157-20684)

Ios Angeles

(1-170-2658)

WOH/Sk

(5)

666-6270-

at tim

120..000Y

i

Approve!:

NW 55236 DocId: 32989814

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## Page 81

In Reply, ringa Refer 1o

File No.

UNITED STATES DEPARTNENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Los Angeles,

California

December.

3, 1975

DARTHARE MAURICE EDWARD PERRY

Darthard Maurice Eaward Perry, FBI Numbel

006 431 G, voluntarily appeared at the Los Angeles

FBI Office on February 12, 1974, and claimed he

wished to offer his assistance as an informant as

regards the Black Panther Party (BPP), a characteriza-

tion of which is contained in the appendix hereto,

and the Symbionese Liberation Army (SIA), a characteri-

zation of which is contained in the appendix hereto,

Campbell Hearst.

Special Agents William Otto Heaton and Brendan O.

cleary.

He was found to have no information concerning

the SLA but to have a

somewhat extensive knowledge

of former leaders and events concerning the BPP.

Darthard Perry advised he was a 1969 Los

Angeles BPP chapter applicant but that he had never

been admitted to membership and had never participated

in activities of the BPP.

At the time of initial interview on

February 12, 1974, Darthard Perry claimed he was

then employed and had been employed for the past

several years by the Watts Writer's Workshop, Los

Angeles, California. He produced a publication

entitled, Watts Writer's Workshop bearing his photo-

graph over the name Ed Riggs, Video Workshop.

There

is no publication date on the pamphlet but the latest

date appearing therein is 1969.

6 - Bureau

'2 « HOUSIUDY

(1 - 157-20684)

Los Angeles (66-6270)

1 - 170-2650)

NOT/SUFFICE COPY

ser recommendations nor

conclusions of the FBI. It is the property of the FBI

and is loaned to your agency; it and its contents are

outside your agency.

AMERICAN

NIW

8776-1976

55236

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## Page 82

DARTHARD MAURICE EDWARD PERRY

Darthard Perry described the Watts

Writer's

Workshop as a theatrical

work group providing a forum

the expression and promotion of

black theatrical talent, founded

in August, 1965.

From March 6, 1974, until March 21, 1975.

Darthard Perry was in active FBI informant status.

The BPP had ceased to be a viable organization in

the Los Angeles, California area by 1972.

Darthard

Perry was never

guided, directed, or targeted by

any FBI Agent to penetrate the BPP as it had ceased

to exist in the Los Angeles area; nor to penetrate

the Watts Writer's Workshop in Los Angeles, California,

and the FBI has never conducted an investigation of

the Watts Writer's Workshop. Darthard Perry never

furnished any information concerning watts Writer's

Workshop activities or personnel.

However, Darthard Perry did furnish infor-

mation to the Los Angeles FBI of various extremist

individuals identified as former members of the BPP,

principally members or followers of the Black

Liberation Army (BIA), a characterization of which

is contained in the appendix hereto.

On May 31, 1974, Perry advised that Renee

Moore, also known as "Peaches" Moore, was urging

urban guerrilla warfare in the black community of

Los Angeles, California, and that she was in contact

with a BLA member, John

known 'as Long John..

William Washington, also

On June 5; 1974; Perry advised that Byron

Walter Bartlett, a former BPP activist had applied

for and was seeking to obtain employment as a police

officer by the Los Angeles Police Department without

his prior background being known to that law

2

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## Page 83

DARTHARD MAURICE EDWARD PERRY

On June 19, 1974, Perry advised that "Peaches"

Moore went to San Francisco, California, on Monday,

June 17, 1974, following her appearance on a radio

talk show at station KPFK-FM, North Hollywood, Calif-

ornia, on which she advocated urban guerrilla warfare.

on June 24, 1974, Perry advised he attended

a meeting on June 23,

1974, of a BIA cell led by

John William Washington, in Los Angeles, Calliornia.

Conversation centered

on ways to free Elmer Gerard

Pratt, also known as "Geronimo"

, a former BPP Leader

and titular head of the California, BLA, incarcerated

in San Quentin Prison for life on a murder charge..

The conversation concerned emulating Arab terrorist

groups and planning a jail break which would be a more

efficient Marin County shoot out..

• On June 24, 1974, Perry advised that. Long

John Washington was contacting Perry telephonically

from Pomona,

California. Washington refused to

furnish a telephone number or residence.

Washington

has refused to allow pictures to be taken of him or

his group. On July 5, 1974, Perry advised Long John

Washington visited Perry at.

his residence.

On June 26, 1974,

, Perry advised that Long John

Washington wanted photographs of the Los Angeles County

Jail and Courthouse to assist in planning an anticipated

jail break for Elmer G. Pratt.

On July 8, 1974, Perry advised that he

recognized the photograph of a Federal fugitive Sharon.

Hazel Williams, a former member of the Los Angeles

chapter of the

defunct BPP.

Perry described the

possible recent sighting of her in the watts, California

area.

on July 11, 1974, Perry advised that Long

John Washington had no information concerning the

California National Guard Armory burglary of weapons

on or about July 3 or 4, 1974, from its location at

700 North Alameda, Compton, California.

In Perry's

opinion, BLA members in Los Angeles

were not involved.

WW 55236 Docid:32989814

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## Page 84

DARTHARD MAURICE EDHARD. PERRY

On August 8, 1974, Perry advised that the

BLA under the Los Angeles leadership of John William

Washington, was not planning any immediate violence

or hostile

activity during the upcoming Watts

Festival.

over the weekend me ember per avis att

to reside with a grandmother.

On November 13, 1974, Perry advised that

he met Albert Earlington Armour recently after having

political or extremist activity. Armour claimed

he was selling a little marijuana and cocaine.

Perry advised that he was unable to subsequently

locate Armour. at the employment or residence address

that Armour furnished.

On November 26, Perry advised of having

observed Albert Armour driving a white over brown

Mercury Cougar by himself in Inglewood, California,

apparently residing in that area.

On November 26, 1974, Perry advised that he

had sat in the spectators section of the courtroom

Raymon petrial hearing of BLA members Harold Taylors

Boudreaux and John Bowman, and there met

Christi Marie Farlice, active in BLA activities, who

lives with Long John Washington.

Perry thereafter

attended, as a spectator, the pretrial hearings of

laylor, Boudreaux, and Bowman on December 11, 12,

and 13, 1974, in Los Angeles County Superior Court,

Los Angeles, California.

The former Bey members,

identified as members of the BLA, are charged with

a 1971 shoot out with the Los Angeles Police Department.

Perry claimed he struck up a conversation with court-

room spectators Christi Farlice and Valerie Bowman,

sister of defendant John Henry Bowman. Perry claimed

-4

NW-55236_DocId: 32989814

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## Page 85

DARTHARD MAURICE EDWARD PERRY

he accompanied Christi Farlice to meet John William

Washington at a radical bookstore. Perry advised

that Chrisit Farlice was very actively involved

in the affairs of

the BLA and letter writing to

imprisoned members. Perry advised there was no

discussion of any plans to commit any acts of

violence during the trial of Bowman, Boudreaux, and

Taylor.

Perry advised that Long John Washington

complained that the anticipated courtroom appearance

of Elmer G. Pratt had been terminated, and that no

attempt could be made to free Pratt.

On January 30, 1975, Perry claimed that

Long John Washington and Christi Farlice continued

to refuse to give him a telephone number or

location of their residence.

Perry claimed they

were planning a trip to Northern California to

engage in unspecified activities and they claimed

to continue to be involved in organizing a defense

Funa committee for BLA members Taylor, Bowman, and

•Boudreaux.

On february 2, 1975, Perry advised that

Long John Washington claimed there were ten members

of his BIA celi, in Los Angeles consisting of three

women and seven men. According to Perry, Washington

according to Washington, Christi Farlice was working

on some type of confidential basis for the attorneys

delending Bla members laylor, Boudreaux ana Bowman.

Washington claimed he could buy automatic weapons.

On February 9, 1975, Perry Claimen Lone

John Washington was accompanying an alleged - member

of the Kansas City BPP named Robert C. Bond over

the weekend of February 8 and 9, 1975. Perry claimed

that Washington again brought up the idea of obtain-

ing false identification for the purpose of attempting

fraudulent enlistments in the United States Military

Service with the objective of obtaining weapons.

Perry claimed Washington was pressing Perry to furnish

5-

NW 55236 DocId: 32989814 Page 85

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## Page 86

DARTHARD MAURICE EDWARD PERRY •

the false identification.

Valerie Bowman had furnished Perry a new residence

address in san francisco, California, where she

claimed to be residing with two other BLA brothers

and that she attended the first day trial of the

San Quentin Six in San Francisco, California.

San Quentin Six are inmates accused of murder in

the August 21, 1971, bloodiest escape attempt lI

the history of San Quentin.

Darthard Perry's active informant status

employment and wanted to terminate his informant

status for an indeterminate period of time.

-

NW 55236 DocId: 32989814 Page 86

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## Page 87

BLACK LIBERATION ARMY

The Black Liberation Army (BLA) is a loose-

knit urban guerrilla organization whose self-described

purpose is to overthrow the Government. In announcing

the BLA's purpose, the 2/29/72 issue of "Right On!,"

its official publication stated. • . "The purpose of the

BLA is the same as that of the Tupamaros in Uruguay,

Frelimo in Mozambique, and all, the other liberation forces.

The BLA is simply brothers and sisters who have gone

underground to put all the revolutionary rhetoric and

theory into practice, ?.."

Since May, 1971, the BIA has been involved in

armed confrontations with law enforcement officials

resulting in eight police officers. being killed and

another 28 being wounded of injured.

Since July, 1971,

the BLA has been involved in excess of 20 known bank

robberies totaling over $494,000, which money is used to

finance its activities.

-NW. 55236 DocId: 32989814

Page 87

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## Page 88

• APPRID IX

BLACK PANTHER PARTY -

CLEAVER FACTION (BPP-CF)

The Black Panther Party - Cleaver Faction (BPP-CF)

based in New York, New York, follows the violent revolutionary

philosophy of its leader, Eldridge Cleaver, calling for the

overthrow of the United States Government by creating a climete

of terror accomplished by using urban guerrilla tactics.

Bernice Jones, leader of the BPP-CE in New fork City, In.

describing the purpose of the organization, stated "He are

a revolutionary organization whose sole function is to wage

revolution in America."i

APPENDIX

8

NO 55236

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## Page 89

APPENDIX

BLACK PANTHER PARTY

FORMERLY KNOWN AS THE BLACK PANTHER PARTY FOR SELF-DEFENSE

*The Black Panther Party (BPP), organized in December,

1966, at Oakland, California, by Huey P. Newton and Bobby George

• Seale, has the publicly-stated purpose of organizing black

people to take control of the life, politics and destiny of

the black community. The Party, operating the Black Panther

¿ Intercommunal News Service; publishes a newspaper called

¿"The Black Panther," which at one time openly advocated the

use of guns and guerrilla tactics in a revolutionary program

ito end the oppression of the black people-but since early

1971 has spoken for a survival program pending revolution.

BPP national headquarters, aka Black Panther Intercom-

munal Headquarters,, is located in Oakland, California.

While openly advocating direct overthrow of the

U. S. Government by force and violence until 1971, leaders

have since avoided extreme statements in favor of

calling

for action within the established order. Newton, in an

interview appearing in the May, 1973; issue of "Playboy"

magazine, stated the Panthers'

chief ambition is to change

• the American Government by any means necessary but that

ultimately such change will be through armed violence.

Despite its claimed dedication to community service,

indicators of the BPP's continued attraction to violence persist.

Since July, 1974, Newton and other BPP members have been arrested

in Oakland, California, for threatening police officers,

murder of a 17-year-old female and the pistol whipping of

Newton's tailor. Newton failed to appear on these charges and

1s now a local fugitive. Additionally, one died and three

were wounded as a result of a shooting at a BPP-sponsored

dance in Oakland, California,. in October, 1974.

APPENDIX

NW 55236 DocId: 32989814 Page 89

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## Page 90

APPENDIX

SYMBIONESE LIBERATION ARMY

The Symbionese Liberation Army (SLA) was reportedly

formed in the Summer of 1973, in California. An SLA

document captioned, "Declaration of Revolutionary War and

the Symbionese Program," dated 8/21/73, states "

• . • Therefore,

we of the Symbionese Federation of the SLA... do now, by

the rights of our children and people and by force of arms

and with every drop of our blood, declare revolutionary war

against the fascist, capitalist class. We support by

force of arms the just struggles of all oppressed people

for self-determination and independence within the

United States and the world, and hereby offer to.all

liberation movements, revolutionary workers' groups and

peoples' organizations our total aid and support for the

struggle for freedom and justice for all people and races . . ."

The SLA has claimed credit for the 11/6/73 assassination of

DI. Marcus Foster, Oakland, California, School Superintendent;

the 2/4/74 kidnaping of Patricia Campbell Hearst, daughter

of newspaper publisher-owner Randolph A. Hearst; and the

4/15/74 robbery of the Hibernia Bank, San Francisco,

California, in the furtherance of its revolutionary

objectives.

Six members of the SLA were involved in a

shoot-out with the FBI and Los Angeles, California, police

on 5/17/74, resulting in their deaths.

Although no

current information has been developed indicating the

group has been active. in areas other than California, other

groups and individuals have surfaced claiming adherence

to. the SlA's revolutionary tenets.

APPENDIX

- 10* -

NW 55236 DocId: 32989814 Page 90

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## Page 91

WA454

HR947 WA CODE

412PM IMMEDIATE 12-02-75 DLA

TO LOS ANGELES

FROM DIRECTOR

HOUSTUDY

THE U.S. HOUSE OF_ REPRESENTATIVES SELECT COMMITTEE ON

INTELLIGENCE HAS REQUESTED SPECIFIC MATERIAL CONCERNING

DARTHARD MAURICE EDWARD PERRY, BUREAU FILES CONTAIN INSUFFI-

CIENI INFORMATION TO COMPLY WIIH A PORTION OF THIS REQUEST.

YOU ARE REQUESTED TO SUBMIT BY RETURN MAIL AN AIRIEL AND

LETTERKEAD MEMORANDUM SUMBARIZING INFORMATION FURNISHED BY

PERRY CONCERNING THE BLACK PANTHER PARTY AND THE WATTS WRITERS

WORKSHOP IN LOS ANGELES. INCLUDE ANY SPECIFIC MATERIAL .

CONCERNING THE GUIDANCE, DIRECTION, AND TARGETING OF PERRY BY

AGENTS TO PENETRATE THESE TWO GROUPS.

END

66-6270-3

58

SEARCHED.

SERIALIZED - LECU

I-LOS ANGELE

1 35236 DOCId:52930814 Page 94

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## Page 92

66-6270-2

SEARCHED t

INDEXED

SERIALIZED

FILED®

-NW 552$6

DocId: 32989814

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## Page 93

FD-36 (Rev. Sº22-64) 1

Transmit the following in

Via

TELETYPE

FBI

Date:

11/14/75

(Type in plaintext or code)

IMMEDIATE forty,

(Priority)

TO

BUREAU

FROM: LOS ANGELES

466-6270)

HOUSTUDY

REBUTELCAL TO SAC RALPH J. RAMPTON THIS DATE.

WITH RESPECT TO CONTEMPLATED REQUEST FOR SAS WILLIAM OTTO

HEATON, STEPHEN W. MOSS AND BRENDAN O. CLEARY TO APPEAR BEFORE

STAFF OF HOUSE SELECT COMMITTEE, MONDAY MORNING NEXT, LOS

ANGELES INTERPOSES SERIOUS OBJECTIONS AS A MATTER OF POLICY

BASED UPON THE FOLLOWING REASONS:

(1) DARTHARD PERRY AND SAS HEATON AND MOSS HAVE BEEN

ORDERED BY USDJ MATTHEW BYRNE TO APPEAR IN HIS COURT AT 10 AM,

NOVEMBER 18 NEXT IN CONTINUANCE OF PRE-TRIAL HEARING IN THE

JOHN DAVID GARDNER CASE. THE BUREAU IS AWARE THIS HEARING IS

FOR THE PURPOSE OF DETERMINING WHETHER ANY GOVERNMENT MISCONDUCT

EXISTS AS ALLEGED BY PERRY AND CONSTITUTES A FULL JUDICIAL

REVIEW OF PERRY'S ALLEGATIONS WHICH SHOULD CERTAINLY TAKE

PRECEDENCE OVER ANY CONGRESSIONAL INQUIRY.

The Los Angeles District AHORNEY'S OFFiCE IN COORDiNATIoN

(2)

THE U.S. ATTORNEY IN COORDINATTON WITH THE LOS

with the MiS. A HORNEYiS OFFICE

ANGELES DISTRICT ATTORNEY'S OFFICE HAS CAUSED THE ISSUANCE

1-170-2658

RJR:SS (2)

Approved: -

-

Sent

Special Agent in Charge

NW 55236 DocId: 32989814

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110%A

_M

Per Com

U.S. Government Printin Jortice: 1972 - 455-574

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## Page 94

LA 66-6270

PAGE TWO

OF A SUBPOENA FROM THE LOS ANGELES COUNTY GRAND JURY TO THE

CLERK OF THE USDC FOR THE PRODUCTION OF TAPES ALLEGEDLY MADE

BY PERRY OF CONVERSATIONS OVER THE TELEPHONE WITH SA HEATON

WHICH IS A VIOLATION OF CALIFORNIA PENAL CODE. THE ARTICLE

IN THE LOS ANGELES FREE PRESS HAS ALSO BEEN REVIEWED BY

THE LOS ANGELES DISTRICT ATTORNEY'S OFFICE AS EVIDENCE OF

THE ABOVE VIOLATION. IT IS CONTEMPLATED PERRY WILL BE

SUBPOENAED BEFORE THIS GRAND JURY.

(3) SA HEATON HAS FILED SUIT IN THE SUPERIOR COURT

OF THE. STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

ON NOVEMBER 6 FOR DAMAGES AND INJUNCTION RELIEF PURSUANT

TO THE PENAL CODE SECTION OF CALIFORNIA WHICH PROVIDES CIVIL

ACTION IN THE MATTER OF PUBLICATION OF ALLEGED CONVERSATIONS •

OVER THE TELEPHONE BETWEEN

I SA HEATON AND PERRY. DETAILS

OF THIS SUIT ARE BEING FORWARDED BY MAIL TO THE BUREAU

BUT CONSTITUTE FURTHER REASON FOR SA HEATON TO RESIST

ANY PUBLIC TESTIMONY AT THIS TIME CONCERNING THE SPURIOUS

ALLEGATIONS OF PERRY.

THE BUREAU HAS BEEN PROVIDED APPROPRIATE AFFIDAVITS

BY AGENTS DENYING PERRY'S ALLEGATIONS AND ANY IMPROPER

CONDUCT. THE MATTERS ALLEGED BY PERRY ARE BEING GIVEN THREE

PRONG REVIEW AS NOTED ABOVE IN LOS ANGELES AND IT APPEARS

I NW 55236 DocId: 32989814 Page 94

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## Page 95

LA 66-6270

PAGE THREE

ANY DISCUSSION. BY THE AGENTS OUTSIDE THIS AREA WOULD

CONSTITUTE AN INTERFERENCE WITH THE ORDERLY JUDICIAL PROCESS

CHEATEY PREVAILING IN LOS ANGELES. LOS ANGELES BELIEVES

THE BUREAU SHOULD REQUEST A DELAY ON THESE GROUNDS AND

ADVISE THE HOUSE SELECT COMMITTEE THAT UNTIL THESE PROCEEDINGS

ARE CONCLUDED THE AGENTS WILL NOT. BE MADE AVAILABLE. IT IS

OBVIOUS PERRY AND THOSE WHO BACK HIM ARE ATTEMPTING TO CLOUD

THE ISSUES BEFORE THE COURTS IN CALIFORNIA BY MAKING ALLEGATIONS

BEFORE THE HOUSE SELECT COMMITTEE AND WE SHOULD NOT BE

PARTY TO THE FURTHERANCE OF THIS TACTIC.

ANN 55236 DocId: 32989814

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## Page 96

NRO22 WA CODE

3:36PM NITEL 6-13-75 VLJ

TO ALL SACS

FROM DIRECTOR'

(62-116464)

• PERSONAL ATTENTION

HOUST UDY 75•

REBUTELS MAY 2, 28, 1975, "SENSTUDY 75." •

BUFILE 62-116464 AND CODE NAME "HOUSTUDY -5" DESIGNATED

FOR ALL MATTERS RELATING TO HOUSE SELECI COMMITTEE TO STUDY

GOVERNMENTAL OPERATIONS WITH RESPECT IO INTELLIGENCE ACTIVITIES

• AND BUREAU'S HANDLING OF MATTERS PERTAINING THERETO. USE

THIS FILE NUMBER AND CAPTION FOR MATTERS RELATING TO HOUSE

COMMITTEE AS SEPARATE FROM SENSTUDY 75 FOR MATTERS RELATING

TO SENATE COMMITTEE.

END

Rempter l

Kertin Ah

66-6279-1.

5/..

SEARCHED_

SERIALIZED.

INDEXED.

_FILED

JUW 1 3 1975

FBI-LOS ANGELES

NW 55236 DocId: 32989814

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