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104-10107-10008

2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

21242

RETURN TO CIA

Background Use Only

Do Not Reproduce

11 January 1977

MENORANDUM FOR: Chief, SE Division

ATTENTION

: Division Security Officer

FROM

(Thomas L. Briggs)

SE/X/LA

SUBJECT

: Appearance As Witness In Behalf of the

United States Government

REFERENCE: USA V. Gerald P. Hemming, Et Al. (76-371-CR-CA)

1. During the period of my employment as a Special Agent at the

Drug Entorcement unitetter

Jon 107?),l conducted an

interview of Gerald Patrick Hemming (DPOB. 1 March 1937, at Los Angeles,

California) on 23 May 1975 at DEA Headquarters in Washington, D.C.

My report concerning that interview has become part of the case file

in USA v. Gerald P. Hemming, Et Al., Case Number 76-371-CR-CA,

Southern District of Florida, Miami, Florida.

2. Upon my entrance on duty in SE Division on 5 January 1977,

I orally informed the Division Security Officer, Billy Hix, about

the information in paragraph 1 above. Mr. Hix asked me to

submit

the information in writing as soon as I was settled in the Division.

On 7 January 1977, however, Special Agent Robert Fredericks

telephonically contacted (Hope Mason, DC/SE/X/LA, and told her that

the United States Attornery, Southern District of Florida, had

requested that I appear at the U.S. Courthouse, Miami, Florida on

10 January 1977 to confer with the Assistant United States Attorney,

Karen L. Atkinson, regarding my appearance as a witness in behalf of the

U.S. Government in the trial of Gerald P. Hemming.

3.

During the afternoon of? January 1977 I conferred with Mr. Hix

who advised me to contact the Office of the General Counsel.

I talked

to Mr. Edmund Cohen who advised me to get in touch with the Office of

security, External Activities Branch (OS/EAB). I completed an

Jutside Activity Approval Request (Form 879), obtained the concurrence

of DC/SE, Mr. John Stein, and submitted the Form 879 to OS/EAB.

OS/EAB sent me to Central Cover Staff (Mr. Blandford) and then to the

Office of the General Counsel. After discussions with Mr. Cohen, I called

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S/A Fredericks in Miami at Mr. Cohen's suggestion. S/A Fredricks was

not available.

Mr. Cohen then advised me to return to my office and

he would contact me with further instructions. Mr. Cohen retained

the Form 879. Subsequently, Mr. Cohen advised me that I should travel

to Miami

as requested and that CIA would reimburse me for expenses

connected with my activities in behalf of the U.S. Government. He

further advised me that being in an overt cover status I Should state,

if asked under oath, that I am currently a CIA employee.

4. On 10 January 1977 I traveled to Miami where I met and

conferred with AUSA Karen Atkinson and DEA S/A Robert Fredericks.

They informed me that Gerald P. Hemming's case had been severed and

his trial would not begin on ll January. AUSA Atkinson told me she

wanted me as a rebuttal witness if Gerald P. Hemming presented the

defense that he had been working at the direction of DEA. She said

they would not call me until and unless that defense was presented

She also said that she felt that any attempt to question me concerning

my current place of employment was irrelevent and she would object to

She said she would only ask me where

I was employed at the time I interviewed Herning. I returned to

Hashing-on D.C.

Thomas L. Briggs)

Distribution:

1

- CCS

- OS

1

- OGC

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..

16 January 1978

MEMORANDUM FOR THE RECORD

FROM:

SUBJECT:

Edmund Cohen

Assistant General Counsel

U.S.

v. Hemming

.. On 22 November 1977 the undersigned accompanied by Messrs. Thomas

Briggs) Gary Mattocks and Robert Barteaux, travelled to Miami to conter with

Judge Hoeveler, and Assistant U.S. Attorney Thomas M. Sherouse, U

•S. District

Court, Southern District of Florida, about subject case. Messrs.(Briggs)and

Mattocks had dealt with Mr. Hemming while they were employed by the Drug

Enforcement Administration and Mr. Sherouse wanted them available as rebuttal

witnesses. Mr. Barteaux also was sought as a possible rebuttal witness to describe

the Agency's relationship with Mr. Hemming in the event that Hemming raised a

CIA defense.

2. On 23 November Mr. Briggs, Mr. Barteaux and the undersigned met in

chambers with Judge Hoeveler, Mr. Sherouse, Mr. Roger Howard, law clerk to

Judge Hoeveler, and Mr. Ted Sakowitz, Public Defender for the Southern District

of Florida. Mr. Sherouse decided that Mr. Mattocks would not be required to.

testify and he did not attend the meeting. The Judge initially expressed some reluc-

tance to have an ex parte conference because Mr. Hemming had assumed primary

responsibility for his own defense with only limited assistance from the Public

Defender. The Judge insisted that a transcript of the meeting be made but he

promised that the transcript would be sealed and, in fact, would not be transcribed.

3. The undersigned indicated that the Agency had no interest in the outcome

of the case and interposed no objection to the introduction of any relevant information.

Our sole concern was to protect Mr. Briggs and his relationship with CIA both before

and after his DEA employment. The Judge was informed that Mr. Briggs)sole con-

nection with Hemming was on 23 May 1975 and that he had no contact with Hemming

during any period of Agency employment. The national security consequences of

exposure of Mr. Briggs)as well as the career consequences were outlined. In addition,

the Judge was informed that Mr. Barteaux was prepared to testify as an overt Agency

employee about any relationship between Hemming and CIA.

6/0V

SECRET

SIMPDET CL BYQ35114

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4. Judge Hoeveler asked Mr. Sakowitz to cross-examine Nr (BriggS to

determine whether he had any information which might be relevant to Hemming's

defense. Mr. Sakowitz stated that although he was aware that Mr. Hemming wished

to call Mr. Briggs)as a witness, he was not fully informed of all aspects of the case

and, therefore, reluctant to question Mr. Briggs?}Thereupon, Judge Hoeveler,

swore in Mr. Briggs)and proceeded to ask him a series of questions to determine

whether Mr. Briggs) interaction with Mr. Hemming had been in any way connected

with his CIA employment. At the conclusion of this examination the Judge gave

Mr. Sakowitz a second opportunity to question Mr. Briggs) and when Mr. Sakowit

gain declined, he stated that in light of the national security consequences whick

had been brought to his attention he was not inclined to permit questions relating

to Mr. Briggs) CIA employment.

5. At the conclusion of the conference in chambers, but before the jury was

admitted into the courtroom, Mr. Sherouse informed Mr. Hemming that Mr. Briggs)o

was available as a witness.

When the trial proceeded Mr. Hemming concluded

his defense without calling Mi. Briggs. Mr. Sherouse, however, did call Mr.

03 (Briggs)as a rebuttal witness, On cross-examination Mr. Hemming asked Mr. Briggs)

whether he was with CIA. Mr. Sherouse promptly objected to the question, the

Judge sustained the objection and Mr. Hemming went on to the next question. The

trial concluded soon afterwards without Mr. Barteaux being called as a witness.

It was subsequently learned that Mr. Hemming was found guilty as charged.

Edmund Cohen

EC: jz

Original - LITIGATION-CRIMINAL, Hemming Gerald P.

1 - EC Signer

1 - Chrono

SECE

0202 1

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TO

THRU:

CLASSIFY AS APPROPRIATE

OUTSIDE ACTIVITY APPROVAL REQUEST

COMPLETE AND FORWARD ORIGINAL AND 2 COPIES TO EXTERNAL ACTIVITIES BRANCH

DATE

DIRECTOR OF SECURITY; ATTN: EXTERNAL ACTIVITIES BRANCH

(Staff, division or office head and security officer, where assigned)

S2. Division arrecary Orfie a

NYME, AND GRADE OF EMPLOYEE (Print or

COMPONENT

ROOM NO. AND BLDG.

PHONE

FROM:

Cicosa.

hon2), 10/3

APPROVAL IS REQUESTED INCLUDING NAMES OF ORGANIZATIONS OR INDIVIDUALS

CONCERNED. DATES, LOCALE, ETC. (Refer to

HR 10-7 before completing)

03

tate ore.

i in ris

lorion Cãe 205-:19:910,

nooy J0 daniery in croar to propera

Ducati"

rold Fatrick In

trasd do tu correr

tuo cotico de tecne, detend trattatio

2.

REMARKS BY REQUESTOR

IN ENCACING IN THE REQUESTED ACTIVITY, I WILI MAKE NO REFERENCE IO OR DISCUSS

MY CIA ASSIGNMENTS OR DUTIES. I (WILI, WILL NOT) BE IDENTIFIED AS EMPLOYED BY CIA

FOR THE FOLLOWING REASONS:

1 Nat e 01 capio co dro don 19 tortr 1 0011 60 Translorit to Dio74

(BJ sx77).

SIGMATURE OF REOUESTING EMPLOVEE

3. COMMENTS AND CONCURRENCE OF STAFF. DIVISION OR OFFICE HEAD

CONCUR:

DATE

SIGNATURE OF OPERATING OFFICIAL

FOR COMPIETTON BY EXTERNAL ACTIVITIES BRANCH AND RETURN OF ORIGINAL TO EMPLOYEE

DATE:

SECURITY. APPROVAL FAS BEEN (GRANTED, DENIED)

FOR THE ACTIVITY CONTEMPLATED BY THIS REQUEST.

SI (TOR) CHEEY, ORCITITY SUPPORT DIVISION

FORM

CLASSIFY AS APPROPRIATE

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## Page 6

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(Gerald P. Hemming)

US vs Hemming Cie No 16-11 - Cr- CA

S. D of fla.

Judge Hoeveler

P.Q. Bldy + et Anne N NE. Fust Ave, Miami Flonda

Mezzanine Floor 350-4136

Thomas M. Sherouse Ast US Attrney (305) 350 5449 ~ 447)

See Many Jer

300 Ainsley Bldg.

hm. 856 22PS

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## Page 9

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