LETTER: REQUESTING AGENCY TO SUPPLY A REPORT AND A MEMO RE: KENNEDY ASSASSINATION
Agency: CIA
Originator: CIA
From: PAUL G. WALLACH
To: WALER ELDER, REVIEW STAFF CIA
Document date: 11/18/1975
Document type: PAPER-TEXTUAL DOCUMENT

## Page 1

104-10419-10293

сенато вішнин, винини, шмаімімі

• S.TUNER, ТЕХАЇ, VICECHAIH

AT, MICH.

HOSTILE NIA

HAFAT COLDWATEN, ARI.

• D. HUDDLESTON, KY.

RICHANDS.JCHWEIKER.FA.

• AY HART, COUP. E

MALLPARE MILLER, STATE DIRSETOR

-FREDERICH D. O. SCHWARL, JA, CHIEF COUNSEL

DUATISH. SHOTHERS, MINORITY COUNSEL

senate

SELECT COMMITTEE TO

STUDI GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE AGTIVITIES

(PURSUANT TO 3. NES, I, MITH CONGRESS)

WASHINGTON, D.C 20510

November 18,

1975

RENEW START

75-3495

Walter Elder

Review Staff

Central Intelligence Agency

Washington, D.C.

Dear Waltz.

As we discussed yesterday afternoon, I am at

this time requesting that we be supplied with one copy

each of the following memorandums prepared by Raymond

Rocca, memorandums which you will recall we discussed

at the preliminary stages of the inquiry:

1. May 2, 1975.

Report from Raymond Rocca

to-Deputy Chief, Operational Staff,

"Review of

Agency Holding Re Photo of Unidentified

Individual in Mexico City.

Published by Warren

Commission."

(40 pages plus attachments)

•2.

May 23, 1975 memo from DC/OPS, "Review. of

Selected Items in the Oswald File Re:

Allegations in the Castro-Cuban involvement

in the JFK Assassination" (27 pages):

As I mentioned, we would appreciate receiving these

reports by Thursday in order to insure proper preparation

for the briefings we scheduled for Friday, November 21, 1975-

Sincerely,

Dal 1. Williel

Paul G. Wallach

---

## Page 2

13-00000

SECRET

Document Numbol 650 - 1003-C

for FOIA Review on FEB 1978

2 May 1975

MEMORANDUM FOR: Deputy Chief, Operations Staff

SUBJECT

Review of Agency Holdings regarding

Photograph of Unidentified Individual

in Mexico City published by the

Warren Commission

REFERENCE

Letter dated 15 April 1975 by

MI. David W. Belin, Executive Director

of the Commission on CIA Activities

within the United States, to

MI. E. Henry Knoche (copy attached to

accompanying report)

1.

This is further to,

and in completion of, my

inter'm memorandum of a few weeks ago.

The attachment is a detailed review in narrative,

chronological order - together with appropriate comment-

ary - of our extensive holdings on the OSWALD case that

have a bearing on the matter of photographs taken by

Mexico City Station on 1. 4) and 15) October 1963 of an

Unidentified Individual.

As a consequence of a combina-

tion of analytical error, misjudgement and under the

stress of an urgent desire to contribute to the develop-

ment of the investigation of the assassination, a

cropped versior of one of the photographs of the

Unidentified Individual was introduced into the chain of

evidence in the OSWALD case on 23 November 1963 by an

FBI representative in Dallas.

The successive vicissi-

tudes which have now made this event a cause celebre

right down to the present moment are detailed in the

narrative.

SECRET

• Z TAFDET ES EY

---

## Page 3

13-00000

SE.CRET

3.

The attached report is not intended to be an

answer to the Fensterwald/O'Toole article which MrI. Belin

attaches to his memorandum. (I have prepared a paragraph-

by-paragraph refutation and comment on that article,

which I believe is more appropriately handled by a sepa

rate memorandum to Mr. Belin, and I will prepare this as

a memorandum if that is desired.)

4.

The point of the referenced memorandum is that

consideration should be given now to "whether or not the

entire matter can be fully disclosed at this time."

submission is designed to make it possible for you, the

IG and others whom

you may desire to consult to make this

decision.

The narrative-interpretive summary has been

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

pseudonyms or other CIA jargon. However, its contents ao

well beyond what has been released to the public thus far

in the Warren Commission documentation. This point must

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

question.

To remove any question in anybody's mind about

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

by copies of actual documentation from our files.

seems to me necessary; in reply to Mr. Belin,

, that he or

his representative review the documentation that backs up

the narrative.

the narrative presentation, but it follows the chronologi-

cal order of presentation from 9 October into the latest

developments in the matter; and there is an overall index

to facilitate reference to

individual Items

INB: There

is only one copy of this collection; this is it T

5. As noted above, one of the photographs taken in

Mexico City on 4 October 1963 was introduced into the

Warren Commission public record.

however, it was intro

duced into that record in two cropped versions. The

Warren Commission and its staff were made fully aware in

the course of their inquiry at Headquarters and in

Mexico City of the origins of the photograph, the fact

that we had additional photographs of the same individual

taken at different times in Mexico City and on the basis

of full knowledge of these facts reached their own con-

clusions regarding the irrelevance of the photograph to

OSWALD and the assassination.

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

graphs of the Unidentified Individual.

Each of these ares

reproduced in the collected documentation backing up the

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

2

SECRET

---

## Page 4

13-00000

SECRET

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

objection. for Mr. Belin to do whatever is desired with

these photographs at this time.

It should be noted that

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

Mr. Houston during a visit to the Agency, two of the

twelve photographs, other than the one already published

in the Warren Commission report.

(It is these two that

he has published in The New York Review of Books article

which Mr. Belin attaches to his memorandum.)

7°

It seems to me that whoever makes a decision on

whether the entire matter can be fully disclosed at this

time should bear in mind that a subsidiary decision must

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

the background of the photographs or, alternatively, to

publish the entire

run of the photographs for the first

time without taking out the background. Obviously, none

of these questions apply to the passage of this material

to Mr. Belin and the Rockefeller Commission itself.

think they should see the entire documentation as it

stands.

Perhaps after that, the question of what could

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

could be taken up with Mr. Belin himself.

My personal

recommendation is that the more we can say about this

matter in a fully open and final manner, the better off

we will be as an Agency:

But it is my understanding

that there are still sensitive aspects deriving from the

fact that the operation which produced the photographs

was jointly run with Mexican liaison and as a conseguence

publication at this time would create additional problems

at that level in Mexico.

Also, it should be noted that

the Ambassador, according to Win Scott's memorandum to

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

documentation), allegedly played a direct role in the

decision to put the photographs into the hands of the FBI

in Dallas laterally from the Field.

a to do it an

there has not been anything published about this aspect.

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

with the State Department about that aspect of the matter.

Raymond G. Rocca

Attachments:

as stated

3

---

## Page 5

13-00000

SECRET

2 May 1975

SUBJECT

The Photo of an Unidentified Individual in the Warren

Commission Report:

A Factual Chronological Survey

REFERENCE: Memorandum

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

15 April 1975 (Attachment A)

1. Reference memorandum suggests it would be appropriate to

reconsider full disclosure at this time of the circumstances and factual

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

realistic evaluation of the suggestion.

Background

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

photograph considered by the President's Commission on the Assassination

of President Kennedy (hereinafter cited as the Warren Commission) and

introduced into evidence as Odum Exhibit No. 1." The photograph

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

Of restent es med e the resides as earns the sas nation.

SECRET

---

## Page 6

13-00000

SECRET

sensitive intelligence operation being conducted in October 1963 by the

CIA and Mexican security authorities' against the Soviet and Cuban

Embassies in Mexico City.

3. Under the extraordinary press of effort to develop information

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

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

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

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

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

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

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

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

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

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

events

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

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

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

complication compounding this erroneous conclusion was the fact that

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

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

a slightly different manner.)

5.. No detail in the Warren Commission report illustrates more

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

2

SECRET

---

## Page 7

13-00000

SECRET

politicized, rigidly deterministic interpretive climate that has been

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

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

preoccupy "specialists" and has

become the centerpiece of another

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

double in his activity in Mexico City 2

Lee Harvey OSWALD - Reporting on Mexico City Stay

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

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

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

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

an understanding of the acquisition and handling of the photographs by

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

the information it developed about OSWALD in Mexico City, together with

Headquarters action on that information.

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

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

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

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

2

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

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

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

3

SECRET

---

## Page 8

13-00000

SECRET

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

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

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

detailed interviews and interrogation by the Mexican authorities and

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

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

8.

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

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

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

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

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

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

agent) coverage either.unflateral.or from Mexican liaison.

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

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

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

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

forwarded by Headquarters in response to a Station cabled report of

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

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

was indicated and deduced from technically acquired information on

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

identified himself (partially) by true name.

4

SECRET

---

## Page 9

13-00000

SECRET

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

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

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

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

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

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

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

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

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

have one either--before 22 November 1963.

11. Biting this intensive review of voice intercept transcripts

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

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

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

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

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

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

matches were reported to Headquarters on 23 November 1963. Analysis

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

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

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

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

5

SECRET

---

## Page 10

13-00000

SECRET

12 It must be stressed that the voice intercept and photographic

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

means of acquisition and the volume of the information precludes anything

but the spot reporting of items judged by the monitor to be of more than

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

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

scription or full translation or both. Photo coverage tends to become:

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

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

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

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

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

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

he was "Lee OSWALD." It

was this information reported by the Station to

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

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

on Lee OSWALD based on its 1 October voice intercepts: it coupled the

data with descriptive information it had acquired from a sensitive

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

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

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

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

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

6

SFARFT

---

## Page 11

13-00000

SECRET

Lee Harvey OSWALD - CIA Coverage of His Mexico City Stay

14. One additional element of background must be stipulated now as

the final precondition to understanding the relevance (or irrelevance)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

paper work, only advising Inmigration in Cuba. The American, she

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

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

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

7

SECRET

---

## Page 12

13-00000

SECRET

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

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

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

She also takes advantage of the conversation and states she has

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

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

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

asks the name of the Consul or Cultural Attaché. Si]via DURAN says

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

The man says thanks.

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

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

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

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

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

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

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

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

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

better said, they cannot issue a visa there without asking Washing-

ton.

However, according to this man, he showed a letter indicating

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

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

8

SECRET

---

## Page 13

13-00000

SECRET

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

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

from Washington.

Silvia DURAN agrees the same problem exists with the Cubans,

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

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

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

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

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

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

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

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

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

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

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

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

Silvia DURAN says certainly and they cannot give a letter either

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

says he cannot give a letter or recommendation either because he

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

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

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

Silvia DURAN calls the USSR Embassy and talks to an unidentified

9

---

## Page 14

13-00000

SECRET

Soviet.

She says that in the Cuban Embassy there is a North

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

minute..

Silvia DURAN speaks English with someone--and comments in

Spanish that they gave APARICIO telephone 14-12-99 and to take the

number down--Silvia DURAN then says the American citizen is going

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

Russian

and the Soviet speaks English. They continue in English.

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

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

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

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

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

address.

The Soviet says I know.

that. The American, in hardly

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

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

The Soviet says why don't you come again and

leave your address

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

I'll be there right away.

d.. 1 October 1963 (Tuesday, 1031 hours Mexico City time.

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

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

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

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

10

SECRET.

---

## Page 15

13-00000

SECRET

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

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

it down:: 15-60-55, and

ask for a consul. Thank you.

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

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

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

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

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

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

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

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

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

have not received anything yet. OSWALD says: Have they done

anything? OBYEDKOV says: Yes, they say that a request has been

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

what ... ? OBYEDKOV hangs up:

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

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

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

1964.3 All were made available promptly to the FBI.

The Warren Cormission group that visited the Mexico Station consisted

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

11

SECRET

---

## Page 16

13-00000

SECRET

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

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

the following contacts with the Cuban and Soviet official establishments

in Mexico City.

a

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

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

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

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

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

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

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

with at the Soviet Embassy.

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

that seemed to have relevance. These have not been included in this

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

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

the Soviet Embassy received many calls pertaining to visa matters.

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

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

Odessa.

He was told the Consul was not in and to call back at 1130.

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

#516 at circa. 1000 hours on the 27th.

It was, therefore, possible for

him to have made this call.

But granting this, it is unreasonable to

believe the calls were OSWALD's for the following

reasons:

a.

The caller wanted visas, and specifically for Odessa.

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

the Black Sea port of Odessa as a destination.

.12

---

## Page 17

13-00000

SECRET

There was no photographic coverage of OSWALD's entries

• into either the Cuban or Soviet Embassies on the 27th. The lack of.

coverage on the Cuban installation

is explainable:

the camera,

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

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

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

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

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

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

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

graphic coverage was normally suspended Saturdays and Sundays.]

b. The call was directed to the correct Soviet consular

number: 15-60-55. On 1 October, OSWALD first called the wrong

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

the correct number, 15-60-55.

It seems unlikely he would have made

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

correct number, and called the incorrect number on 1 October.

c. There is every reason to believe from the context of the

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

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

Embassy.

d.

The use of the Spanish language would exclude OSWALD unless

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

known of his modus operandi

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

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

se the the her hone,

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

SECRET

---

## Page 18

13-00000

SECRET

ÖSWALD, notwithstanding the holiday scheduTe, went on Saturday

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

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

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

where he had registered it in his visa application the day

previously.

He secured the address from Mrs. DURAN and she called

the Soviet Consulate presumably to permit him to give them the

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

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

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

back to the Soviet installation (his third.entry).

looking for a visa to go to Russia. The Soviet says:

Please call on the

telephone of the Consul, 15-60-55. The requestor says: One moment

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

They issue

the visa there? The Soviet:

That depends on your conversation. I don't

know about this business. The requestor asks for the number again. The

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

Soviet Embassy in Mexico.

The relevance of this intercept to OSWALD is excludable on three

grounds:

a. The use of broken Spanish. OSWALD throughout used broken

Russian or English.

He had no competance in Spanish to handle a

conversation of this kind.

The substance of the request indicates a visa request in

the first stages of initiation. OSWALD had developed his matter

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

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

14

SFARFT

---

## Page 19

13-00000

SECRET

29 September 1963 (Sunday. No activity registered.

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

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

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

e.

1 October 1963 (Tuesday. OSWALD made at least two calls,

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

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

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

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

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

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

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

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

concerned with whether any reply had been received from Washington.

Under those circumstances, it is unreasonable to believe OSWALD

would have gone to the Soviet Embassy on that date.

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

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

C.

OSWALD had left Mexico City, based on all the credible

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

could not have made this local call:

15

SECRET

---

## Page 20

13-00000

SECRET

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

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

installation. On the chance there could be an association between the

identification data derived from the voice intercept and the descriptive

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

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

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

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

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

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

dence and reporting.

Developments from 8 October - 22 November 1963

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

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

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

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

stated he was at SovEmb on 28 September when he spoke

4

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

without substantive changes or omissions.

Cryptonyms and pseudonyms

have been omitted or put into clear text.

16

SECRET

---

## Page 21

13-00000

SECRET

with a consul whom he believed to be Valeriy

Vladimirovich KOSTIKOV. Subject asked the Soviet

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

anything new regarding a telegram to Washington:

OBYEDKOV upon checking said nothing had been

received yet, but the request had been sent.

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

who appeared to be an American entering the Soviet

Embassy at 1216 hours, leaving 1222 on 1 October.

Apparent age 35, athletic build, circa 6 feet,

receding hairline, balding top. Wore khakis and

sport shirt.

(3) No local dissemination was being made by the

Station.

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

for action disseminated this report to the Department

of State, the FBI,

and the Navy Department by routine electrical transmission, adding some

collateral details drawn from a preliminary file review:

(1) On 1 October 1963 a reliable and sensitive

source in Mexico reported that an American male,

who identified himself as Lee OSWALD, contacted

the Soviet Embassy in Mexico City inquiring

17

SECRET

---

## Page 22

13-00000

SECRET

whether the Embassy had received any news con-

cerning a telegram which had been sent to.

Washington. The American was described as

approximately 35 years old, with an athletic

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

hairline.

(2) It is believed that OSWALD may be identical

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

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

who defected to the Soviet Union in October 1959

and later made arrangements through the United

States Embassy in Moscow to. return to the United

States with his Russian-born wife, Marina

Nikolaevna PUSAKOVA [sic] and their child.

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

disseminated to your representatives in Mexico City.

Any further information received on this subject

will be furnished you. This information is being

made

available to the Immigration and Naturalization

Service.

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

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

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

case:

18

SECRET

---

## Page 23

13-00000

SECRET

a. OSWALD's middle name was misgiven: '

"Henry" for. Harvey.

The reason for this mistake is simplicity itself. The sheet opening

the file on OSWALD on 9 December 1960 had been erroneously inscribed

"OSWALD, Lee Henry." That sheet--unchanged except for the notation of

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

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

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

Headquarters communications throughout the month. More important was:

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

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

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

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

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

the unidentified individual as "The American."

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

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

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

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

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

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

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

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

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

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

19

---

## Page 24

13-00000

SECRET

(1) Lee OSWALD who called SovEmb 1 October

probably identical Lee Henry [sic] OSWALD born

18 October 1939, New Orleans, Louisiana, former

radar operator in United States Marines who

defected to USSR in October 1959. OSWALD is

five feet ten inches, one hundred sixty five

pounds, light brown wavy hair, blue eyes.

(2). On 31 October

1959 he attempted to renounce

his United States citizenship to the United States

Embassy in Moscow, indicating he had applied for

Soviet citizenship. On 13 February the US. Embassy

Moscow received an undated letter from OSWALD

postmarked Minsk on 5 February 1961 in which sub-

ject indicated he desired return of his US passport

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

to some agreement concerning the dropping of any

legal proceedings against me.". On 8 July on his

own initiative he appeared at the Embassy with

his wife to see about his return to States.

Subject stated that he actually had never applied

for. Soviet citizenship and that his application

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

temporary extension of his tourist visa pending

outcome of his request. This application, according

to OSWALD, contained no reference to Soviet

20

SECRET

---

## Page 25

13-00000

SECRET

citizenship. OSWALD stated that he had been

employed since 13 January 1960 in Belorussian

radio and tv factory in Minsk where he worked

as a metal worker in research shop. OSWALD was

married on 30 April 1961 to Marina Nikolaevna

PUSAKOVA [sic], a dental technician born 17 July

1941, USSR. No Headquarters traces. He

attempted to arrange for his wife to join him in

Moscow so she could appear at Embassy for visa

interview. His American passport was returned

to him. US Embassy Moscow stated twenty months

of realities of life in Soviet Union had clearly

had a maturing effect on OSWALD:

(3) Latest Headquarters information was an FBI

report dated May 1962 saying the FBI had deter-

mined OSWALD is still a US citizen and both he

and his Soviet wife have exit permits and

Department of State had given approval for their

travel with their infant child to USA.

(4) The Station should pass the information of

reference Lits 8 October cable] and paragraph (1)

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

locally. The information given above as

21

SECRET

---

## Page 26

13-00000

SECRET

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

(5) Reference and possible identification

being disseminated to Headquarters of FBI, State,

Navy, and I&NS. Please keep Headquarters

advised on any further contacts or positive

identification of OSWALD.

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

description should have been sufficient, in view of the incongruities

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

keep these two matters apart as investigative facts.

But things did not

work out that way.

25. Mexico Station on 15 October 1963 asked Headquarters to

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

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

"Lee Henry [sic] OSWALD...

"It is requested that you forward to this office

as soon as possible two copies of the most recent

photograph you have of subject.

We will forward

them to our representative in Mexico, who will

attempt to determine if the Lee OSWALD in Mexico

City and subject are the same individual."

22

SECRET

---

## Page 27

13-00000

SECRET

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

26. Within its limitations and capabilities, Mexico Station had

done all it could to comply with Headquarters instructions:

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

with an investigative or policy interest in OSWALD as an American.

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

the field.

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

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

on 2 October.

c. OSWALD was not an Agency investigative responsibility, in

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

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

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

tion under alias.

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

The Insertion of the Photo of the Unidentified Individual into the

Chain of Evidence

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

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

23

..T.

---

## Page 28

13-00000

SECRET

possibly in connection with the assassination, and referenced its

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

10 October.

The Station requested by:

"priority pouch a photo of OSWALD so that Station

can check all recent coverage for OSWALD. Forward-

ing soonest copies of only visitor to Soviet Embassy

on 1 October who could be identical with OSWALD."

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

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

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

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

person whom they regarded as the "only visitor to the Soviet Embassy on

1.October who.could be identical."

29. The Station meanwhile had begun

an exhaustive and accelerated

review of all its technical. and photographic intelligence. A dispatch

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

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

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

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

of the 22 November 1963 pouched dispatch read:

"1. Attached are copies of the only photographs

obtained: . . on on:1 October 1963 which appeared

24

---

## Page 29

13-00000

SECRET

to be an American. This same man visited the Soviet

Embassy on 4. October 1963.

"2. Copies of these photographs were shown to the

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

each of the two photographs was given to Chief FBI,

Mexico, on that date

"P.S. Photographs dated 15 October 1963 were

inserted after typing of dispatch. These were

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

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

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

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

It

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

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

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

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

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

Headquarters at 0053Z time, 23 November:

"1.

Mexico Station has photos same unidentified

American type who is possibly OSWALD entering

Cuban Embassy on 15 October. Searching for

25

SECRET

---

## Page 30

13-00000

SECRET

possibility photo-documented entry. Cuban Embassy

other days.

"2. Also attempting establish OSWALD entry and

departure Mexico."

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

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

the next available flight.

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

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

telephone with the Western Hemisphere Chief of Division, Mr. J. C. KING,

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

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

Ambassador.

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

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

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

representative who delivered them to the FBI in that city.

"22 November 1963

"Dear J.C. [KING]:

"Reference is made to our conversation of 22 November

26

SECRET

---

## Page 31

13-00000

SECRET

in which I requested permission to give the Legal

Attache copies of photographs of a certain person

who is known to you.

"Attached are copies of each of the photographs

we have with the dates of the visits stamped on

the back.

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

sador decided that this was important enough to

have a member of the Legal Attache's office take

copies of these pictures to Dallas, Texas.

The

Naval Attache is making a special flight from

Mexico City for this purpose.

The Legal Attache's

officer who is going to Dallas has promised to

mail this material to you for me.

"Copies of these photographs are also being sent

by pouch which will leave Mexico City on the

night of 22 November 1963.

"Best wishes.

"Win [SCOTT]"

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

officer was Eldon RUDD.

27

SECRET

---

## Page 32

13-00000

SECRET

34. The decision to remit the photographs to the FBI in Dallas

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

simultaneously with the FBI agent's departure reported to Headquarters

by cable (0244Z time, 23 November):

"FBI agent left here 2000 local time with two copies

each of six photos of a person suspected to be

OSWALD, on a special flight for Dallas. He is

carrying envelope with one copy each photo for

airmail special from Dallas to J. C. KING at

home as per telephone conversation with SCOTT.

One copy of each of these photos plus a copy of

each of the photos showing the same person exiting

the Cuban Embassy forwarded by memorandum leaving

by regular pouch tonight. In view of above does

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

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

23. November 1963, cancelling its request:

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

asked Navy for photos again, but Mexico can see

OSWALD's picture soonest on the press wire.

"2. Have just re-emphasized to FBI Headquarters

the sensitivity of photos you are sending and also

28

SECRET

---

## Page 33

13-00000

SECRET

relaying names of travelers with similar names.

Note radio says OSWALD lived under alias of

0. H. LEE."

36 .

On the 23rd at 17297 time, Headquarters advised Mexico City:

"The FBI says that the photos of the man

entering the Soviet Embassy which Mexico

Station sent to Dallas were not of Lee OSWALD.

Presume Mexico Station has double-checked

dates of these photos and is also checking all

pertinent photos for possible shots of OSWALD."

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

finally agreed:

"Saw photos of Lee OSWALD on television night of

22. November and it obvious photos sent to Dallas

were not identical with Lee OSWALD held in Dallas.

Dates are as given on photos.

"Mexico Station is reviewing all available photos

of persons entering Soviet and Cuban Embassies."

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

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

29

SECRET

---

## Page 34

13-00000

SECRET

"Complete recheck of photos of all visitors to

Cuban Embassy from August through first half of

November against good press photos shows no

evidence of OSWALD visit. Similar blank against

all Soviet Embassy photos from 1 September.

Note, only visit we know he made to Cuban Embassy

28 September, Saturday, on which Embassy closed

and we had not had coverage ...."

39. With this communication the matter of the "unidentified

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

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

individual might be identical with OSWALD. This applies especially to

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

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

unidentified individual were quite disparate.

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

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

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

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

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

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

of OSWALD was made

available--though it was expressly requested both at

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

30

---

## Page 35

13-00000

SECRET

sought by CIA, before 22 November:

A photograph of OSWALD would have

obviated--in a way the mere possession of a correct physical description

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

Mexico City as an impressionistic selection of the photograph on

1 October 1963 into a cause celebre today.

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

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

clear from the facts themselves that there was nothing contrived or

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

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

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

The Genesis and Development of Odum Exhibit No. 1 and

Commission Exhibit 237

41.

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

1963 showed one of the six photos flown up from Mexico City the previous

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

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

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

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

42. The photograph shows the unidentified individual in a black

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

31

SECRET

---

## Page 36

13-00000

SECRET

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

left the city.

43.

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

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

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

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

(khaki-?) trousers.

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

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

high-neckline undershirt showing and dark trousers.

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

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

The negatives of all of these are extent and are now held in. Headquarters

as integral parts of the OSWALD and related file holdings.

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

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

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

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

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

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

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

32

SECRET

---

## Page 37

13-00000

SECRET

when she finally admitted before the Commission that the ODUM photograph

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

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

the ODUM photograph became Commission Exhibit 237 (see Hearings,

Vol. XVI, p. 638).

45. The net effect of the developments in the hearings of the

Commission was to require the admission of the cropped photograph into

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

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

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

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

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

46. Mexico Station and other senior Agency officers strongly

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

grounds that the Soviets would be immediately alerted to the existence

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

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

this point between Headquarters and Mexico Station during the summer

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

Station had plans underway to abandon the operation.

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

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

33

SECRET

---

## Page 38

13-00000

SECRET

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

additional observation:

"The Central Intelligence Agency recommends that

this photograph not be reproduced in the Commis -

sion's report because it would jeopardize a most

confidential and productive operation. In

addition, it could be embarrassing to the indivi-

dual involved who as far as the Agency is aware

had no connection with Lee Harvey OSWALD or the

assassination of President KENNEDY. "

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

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

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

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

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

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

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

Commission Exhibit 237, members of

the Soviet Embassy began systematic

efforts to survey the surrounding buildings, ostensibly for rental

space, but clearly their inquiries were directed to spotting possible

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

it had become almost totally unproductive in coverage on Americans in

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

was being warned away by the Soviets themselves.

34

GEODET

---

## Page 39

13-00000

SECRET

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

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

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

and Commission Exhibit No. 237 for partisan interpretive purposes. A

considerable correspondence has accumulated since the end of 1964 in

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

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

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

of the photograph and the foreign liaison relationship which made the

acquisition possible:

50. Following are highlights from the correspondence during the

current phase.

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

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

statement about the photograph to Judge BAGERT of the Criminal

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

The response dealt affirmatively with the contents of the subpoena

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

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

executed because of the lack of jurisdiction.

Mr. HOUSTON proferred on Agency behalf categoric assur-

ances to the court regarding the inaccuracy of statements and

35

SECRET

---

## Page 40

13-00000

SECRET

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

of the unidentified individual. The following is extracted from

Mr. HOUSTON's memorandum.

"Because of the publicity which has surrounded the

Orleans Parish Grand Jury proceedings, we have.

recently carried out an exhaustive search of the

files of the Central Intelligence Agency for any

picture of Lee Harvey OSWALD taken in Mexico. As

a result of this search, I can state categorically

that the files of this Agency do not contain, and

never have contained, any such picture of

Lee Harvey OSWALD taken in Mexico and that we have

no information whatsoever that any such photograph

ever existed. To the best of our knowledge and

information, therefore, there is no such photograph.

Furthermore, the photograph which is printed in the

Warren Conmission Report, Exhibit No. 237 in Volume

XVI, never contained more than one figure, and the

figure in the photograph depicts an individual who,

to our knowledge, has not been identified. The

circumstances of the filing of this photograph with

the Warren Commission are set forth in affidavits

on pages 468 and 469 of Volume XI, Hearings Before

the President's Commission on the Assassination of

36

---

## Page 41

13-00000

SECRET.

President Kennedy. Consequently, we have no record

of any photograph that answers in any way the

description of the one we understand was requested

in the subpoena.

"I hope you will accept this information in this

form in the spirit of cooperation in which it is

proferred."

b. The Agency has repeatedly serviced requests about the

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

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

exchange of correspondence in our record covered the period

4. - 17 April 1970.

C.

Detailed inquiries. on the unidentified individual were

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

on 15 November and 14 December, respectively, from

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

d. The most extensive effort to pursue the unidentified

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

is now Executive Director of a Committee to Investigate Assassina-

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

22 March 1971, shortly after the Agency declassified Commission

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

37

SECRET

---

## Page 42

13-00000

SECRET

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

1971, Mr. FENSTERWALD was invited to the Agency for a discussion

with the General Counsel, Mr. HOUSTON, of his question about the

photograph of the unknown individual. Two other photographs of

the unidentified individual, in addition to the photograph

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

time.

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

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

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

representative of the Agency in attendance that he knew who the

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

Memorandum of Record, 8 April 1971:

"3. Mr. FENSTERWALD came to my office this

morning with his partner, William G. OHLHAUSEN,

looked at the other photographs, and told us he

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

serving a prison term somewhere in the United

States and admitted that he had known OSWALD, but

Mr. FENSTERWALD said there was nothing to indicate

any connection between the man in the photographs

and the assassination. of President KENNEDY.

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

this time, as he said enough people had suffered

unnecessarily from allegations that they were

38

---

## Page 43

13-00000

SECRET

associated with the assassination, but he did

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

asked if he could have the photographs, and I

asked how he could use them:

He said he did

not know and finally agreed that for the time

being he would not press his request..:

The whole meeting: was extremely friendly and

they thanked us for our response."

The following is extracted from the Memorandum of Record

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

"Mr. FENSTERWALD said he knew who the person

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

nervous to come forth on his own. FENSTERWALD

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

American, serving a prison term in this country

on a criminal charge, and that he had met OSWALD

in Mexico. I asked whether the prisoner had any

conspiratorial relationship with OSWALD.

FENSTERWALD replied he did not know the answer

as he had not interviewed the man as yet.

We

reiterated that we did not know who the man

was, and said that we would like to know his

identity. FENSTERWALD replied that CIA has a

39

SECRET

---

## Page 44

13-00000

SECRET

thick file on the unknown man, and that we will

be furnished his name in due course..

Mr. FENSTERWALD made no reference in his subsequent

conversations and correspondence to this allegation about the identity

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

be of direct evidential interest and possibly permit us to assert

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

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

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

dated 15 April 1975, with attachment: "The CIA and

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

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

Attachment B:

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

report

40

SECRET

---

## Page 45

13-00000

COMMISUUN A CIA ACHVITES VITHIN THE

Washington, DC 20500

L5-18461

JED STATES

Nelson A Rockefeller,

Chairman

John T. Connor

C. Douglas Dilion

Erwin N. Griswold

Lane Kirkland

Lyman L. Lemnitzer

Ronald Reagan

Ecigar F. Shannon, Jr.

ATTACHMENT A

David W. Belin,

Executive Director

April 15, 1975

Mr - E. Henry Knoche

Assistant to the Director

Central Intelligence Agency

washington, D.C.

Dear Mr. Knoche:

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

late September and early October, 1963.

Shortly after

he left Mexico City a photograph was taken of an American

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

Lee Harvey Oswald. The CIA and the Warren Cormission both

determined that the picture was not of Lee Harvey Oswald

and that the picture was taken after Oswald left Mexico

City.

Although portions of this record have been

released to the

public, other portions have remained classified because

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

full picture might disclose sources and methods which the

CIA felt were not in the national interest to disclose at

that time.

In light of the false allegations about the

assassination of President Kennedy and the false allegations

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

reconsider whether or not the entire matter can be

fully

disclosed at this time.

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

the CIA on this entire matter.

Sincerely yours,

David W. Belin

Executive Director

---

## Page 46

13-00000

The CIA and the Man Who Was Not

Eemard Fensiermaid and

George O Icole

swald

i wegis before the assassination of

sident Kennedy. or Novamber 22,

53, the Central Inteligeace Agency

• the following teletype message to

: Fedara! Bureau of: Investigation

1 the Deparintents of State and the

vy:

Safect: Lee Henry OSWALD

: 1 October 1963: a reliabla

and : sensitive source: in. Mexico

reported thai an America male,

siho idertified himself as Lee

OSWALD, contacted: the Soviet

Embassy in Mexico City inquiring

whether the Embassy had received

Iny news concerring a telegrama

which had been sent to Washing-

on. The American was described

Is approximately 35 years old,

vith an atiuetic build, about six

Peat tall, with a receding hairline.

L It is believed that OSWALD

azy- 02 Identical to"Lee Henry

SWALD, bom on 18 October

939 in New Orleans, Louisiana. A

Dimer U.S. Marine who defected

o the Soviet Unign in October

959-and later made arrangement

trough the United States Em-

essy in Moscow to retum to the

niced

States with his Russian-

orn

wife,

Marina: Nikolaevna

usakova, and their child.

.. The information in paragraph

being disseminaied to your

presentatives: in Mexico City.

ny furricar information received

i this subject will be furnished

su. This information is. being

sde avaidole to the Immigration

id Naturalization Serrice.'

is the ise Herry. Osweld of the.

messins lee Harvey Oswald? Yes,

ding to Riotard Helms; chen chief:

he deanor's Clandescine Serices.

March 196ª anemorandum: 10.J.

Rustin, guneral counsel is the

en Cranicion, Helms asplained

"OSCALD'S

middie: name was

erroneously given as "Henry", in the

subject line and in paragraph two of

the dissemination..:. The maiden sur-

name of Nirs. OSWALD was mistakenly

listed as *PUSAKOVA * *2

Bot Led Hariey: Oswald was. no:

"approximately 35 years old, with an

athletic build"; he was twenty-three

years oid and slender? Apparently the

CIA. was concerned about the dis-

crepancy, for on October 23 it sent

the following message to the Depart.

ment of the Navy:

Subject: Lee Henry OSWALD

: •Reference is made to CIA Out

Teletype No. 74673 ' [the earlier

message), dated 10 October 1963,

regarding possible presence of sus

ject in Mexico Gity. It is requested

that you forward to this office as

soon as possible two copies of the

most recent photograph you have

of subjeck. We will forward them

to our representative in Maxico,

who will aitempt to determine if

the Lee OSWALD in Mexico City

aal. subject are the same individ-

Since: Oswald had served. in the

Marine Corps, which comes under the

administration of the Navy, his parson-

nel records. would have included his

What the Agency did not say in this

cable is that it had in its possession a

photograph of the man who had

apparently "identified himself" as Os

wald. The man in the ClA photo was

sot Lea Harvey Oswald; he was, just as

the Agency's "reliable and sansitiva

had described him, approxi-

mately. thirty-fiva .years.old, witli an

build and a receding hailine.

according to a mamorardum by

Helms, the ClA never recaired the

Piavy's pictutes of Oswaid •and only

concluded after this assassination that

too different peopie were inyaived."

Meanwhile, the photograph was deliv-

ared.

105300 Me 832 on November 22,

One can only guess at the confusion

caused by the picture. The FBI needed

no: Nary photograph to establish that

the mystery man was not Oswald--Lee

Harrey Oswald was sitting handcuffed

third-ficor office of the Dallas

police. headquarters The next day.

Special Agent Bardwell D.-Odum was

dispatched with the photogaph to the

motel where Oswald's wife and mattier

were hidden. He showed the picture to

Mrs. Marguerite Oswald, mother of tha

accused assassin. Mrs. Oswald looked at

the photo and told Odur she didn't

recognize the man? The following

dsy, however, shortly after her son was

murderad in the basement of Dallas:

City Hall, Mrs. Oswald erroneously

identified the mystery man. She told

the press the FBI had shown her a

picture of Jack Ruby the night before.

Mrs. Oswald's mistake was. under

standable-the mystery man bore a

superficial resemblance, to Jack Ruby,

and in her recollection of a brist

glance at the photograph, to faces

became one. But the misidentification

necessary. for the Warren

Commission to refer, howaier obligue-:

ly, to the affair of the mystery man.

In the twenty-sit volumes of published

testimony and evidence supplementary

to the Warren Report, the Commission

printed the picture that was shown to

Mrs. Oswald." The Waten Report

contains a very brief account of the

incident.

Accordirs to the Repart, the CIA

had provided the FBI with a photo

graph of "a man who, it was thought

at the time, might have been associatee

with Oswald?

The Report quaied an

aftidavi. og

Richard Haims that "the

original photograph had baen taken by

the ClA outside of the United States

sometime between July 1, 1963 and

November 22, 1057?19

The Commission's explanation is

both inocurate and milaling

Tir=

inplication that the ClA thought tie

riystery main was associated

wili:

---

## Page 47

13-00000

Asends

love. concluded either

to tas rapstard man wils impersor

wing Osaaid un that an unlicely chai.

vi entors had susidentally linised both

tie man

in the photograph and the

nia who "coniscted" the Soviet Em-

Lassy to lee Heray Oswald •

The troth was firther obscured by

the Report's reference to the Helms

affidarit, which described the circum-

stances in which the mystery man was

cholograpited only in the most vagua

and soneral tery The affidavit was.

datad August 7, 196+.1" Howeres, the

Napost or in iis twenty eir supplamenta

solames that it had obtained an

calier aiRdavi: from Heins on July 22,

ishich he was, much more

sassign 1= "The original paotogragh,"

Hulat istlied, was taken in Mexico

Cily 08. Octobes 4, 1953. 53 (This

ellier Fielms sifidavit was released in

1957 through the efforts of Paul Hoch,

u privata researcier.)

There is no available record that

Pichard Helms ever told the Warren

Commission exactly where in Mexico

City, the mystery man was photo

Eaghed, but the circumstances in

which the photograph was given to tha

Commission 'offer, a very plausibla

suggestion. The CIA required the FB1

to crop out the background. in the

photo before handing it. over to the

Commission 1ª The obvious conclusion

i that the photograph was taken by a

sidden surveillancs, camera, and the

ls wished to avoid disclosing its

ocation. According to knowledgeable

ormer employees: of the CIA, the

soviet and Cuban embassies, among

others in Mexico City, were under

constant photographic sureillance at

he time. It seems likely then that the

according to the CIA,

phed leaving the Mexico City

mbassy of the Soviet Union or of

one oiner communist country.

The first pustic hint that the mys

ery man may have been impersonating

svald came in 1966, with the publi-

stion

of Edward. Jay Epsteir's lis

wist, a scholary study of the Warren

armission 's

Epstein

interviewed

sue of the Commission's legal stali

no recalled the incident. He said he

:. asked Raymond G. Kocca, the

star to photogsoh. Tre law-

iT later recalrid word from the Agency.

tai the mystry man was thousat to be

italus the: ine the photo2raph. was

tha

igoncy mistric soincone so di

similar in

appearance for Lee Harvey

Oswald? The cla said they soy

check further and call him buck.

Jawyor, told Ensicin that thay never

called nim bick and tie Warren Report

contaios no explanation of the Aren-

cy's raistare!

Anotner piece of the puzzli fall into

place early in 1971, when the Nazional

Archives released a praviouly classified

memorandum about the mystery mad

from Richard Helms to tha Commis

general counsel, J. Lee Rank-

Dated March 27,: 1954, the

memo informed Rankin:

On: 22 and 23 November,

mediately following the

nation of President Kennedy, three

cabled reports were received from

[deleted) in Mexico. City relativa

to photographs of an unidentified

man who visited the Cuban and

• Soviat Embassias in that city dur

ing. Octobar and

1963. 1""

On the basis. öf these cables, Helms

went on to say, the ClA had

sent

séveral reports to the Secret Service.

Attached to the Helms memorandum

were paraphrases of these reports ?0

Two dealt with the mystery man:

Message to the Protective: Re-

searcia Staff, The Secret Service,

delivered by hand on 23. Novem-

bar 1963, at 1030 hours.

Through sources availabla. to it,

the CIA (deleted) had come into

possession of a photogragh of an

unidentified person thought to

have visited the Cuban Embassy in

mid-October, This individual,

was believed at the time; might be

identical

with Lee 'Harvay.

WALD.?3'

OS-

and

Message

the Protective

search Staff,

The Secret Service,

delivered by hand on 23. Nover-

bar 1953, at 1030 hours.

CIA Headquarters was informed

November that

photographs of a person

knosyn: to frequert the Soviet:

Embassy in Mexico. City, and who

might be identical with Lee Har-

vy. OSWALD, had been forwarded

to Washingion by the hand of a

United States offieial returning-to

this country.??

Firmed that "che subjest of tie phoss

saaohs mentioned in

thrase reports. is

stranger who.

confesed tigh Lee Harsey Oswald, and

Who had vistred noit the Sovie: and

Cubar embauics, 19s i: the

mystery man whose picres hod been

shown 80 Mis. Oswaid?. Or was it you

anothar Oswald Dopuslyinger?

Firm eviderico of the exitance of

additions photographs of the unidenti

fied man mentioned in the Warren

Report was-turned up. by Robert

Smitis, a private researcher. In 1912

Smith, tiren research director for tha

Commision to lavestigats Assassina-

dions, was poring over some recenti:

declassilied. Warzen Commission dock-

ments wnen he found reference to the

mystery photo and to other views of

the same person."* Smith called his

discovery to the attention. of one of.

the ausbors, Semard Fensterwald, who

• instituted a suit under the Freedor of

Information Act for release of the two

pictures. The government yielded and

turned over the photograans to Fen-

sterwald and Smith. They are pub

lished here for the first time.

The two now views. of the mystery

man were. taken -at a different time

from the first picture. In the first

picture, the one published in tha

Warren Commission, volumes, he is

wearing a long-sleeved dark shirt and

appears empty-handed, in the two new

photos he is

werring a short-sleeved

white shirt and is carrying soma kind

of bag or pouch, The new photos also

show him holding a small, passport

sized booklet and what appears to be d

wallet. As in the first photograph, the

backgrounds of the two new phota:

have been cropped out. Whoever he

was, he managed to be photographed

apparently: by the CIA's hidden sur

veillance camaras,

separais occasions. And neither of th

new photograghs reveals anys resen

blance between the mystery. mai. an:

Lee Harvey Oswaid

The Warren Commission

that Oswald had been in Mexico in lat

September and early October- 196-

Reçards of Mexicnn Customs arid I..

mization, bus.lims sad 3 Mexico Ci:

hotel: indicate "that Ostrald entere

Maxico at Nuero Laredo on the U

bordar on September 26, traveled b

bus to Mexico City, ariring there t

next moinind, and reiarned to ti

United States on Octöber 3.35

gars on the bus to Mexico Cit

remembered Osxaid, but there is a

most no crewitness testimony to su=

furt lse Commission's recorstructo

of Osaid's movemer's after ho arria

in that cier?o The Commission's Fier

---

## Page 48

13-00000

ing that Oswaid inade roperted visits to

botir the Soviet and. Cuban embassies

rests heavily upon the affidavit of one

witness

Mexican woman,

who

worked at the Cuban Embassy:

Sitvia Tirado de Duran was secratary

10 the Cuban Consul in Mexico City.

in a swom statement?? she gays to the

Leputy director of Maxican Federal

Security on Novemoer, 23, 1963, sha

said that Oswaid had visited the Cuban

Embassy in late September to apply

Fo:

vies to visit Cuba during a

planned trip to the Soviet Union. Mrs.

Duran recalled a heated exchange be

*??)

Oswald and the: Consul. when

1= citicial sold him his request

inald pe: 5o granied immediacsly. Sha.

remembered making

"semiofficial"

pirono call to the: Sovie! "Embassy to

in to spit up action on. Orwald's

malication.

She identified the. Lea

arity Corald who visited the Cuban

tabassy as the accused assassin whose

astorap? appened in the.

Mexican.

newpapa; on November, 23.3*

porter: the Varen. Commissio

al die monitorier Silvin Saran.

alad solsig on nai. are.

rots miti, not recorded in any

newsoaper reporter tried to interview

hee in April 1964. Her husband would

not permit the man to speak with her,

saying.

"she had suffered a nervous.

breakdown following her interrogation

by the Mexican authorities and had

been prohibited by her physician...

from discussing the Oswald. matter

further. "30

It this report is, corract,

the interrogation of Silvia Duran may

have been a more emotional interview

then one

would conclude from the

report forwarded by the Mexican po-

lice.

The report gives the impression

that the police were routinaly collect-

ing information about Oswald's Mexi-

can trip for the American authorities.

One question that arises is

whether

Duran's statement was

gren volun-

tarily, and, if not, whether her identi-

fication of Osaid as the visitor to the

embassy is valid.

The

Warren. Commission may have

omitted a tell exploration

of this

question benuse it had collateral. evi-

dence of Oswald's visit lo the Cuban

Emio.assy.

There were, for example.

Oswald's application for a Cuban visa.

barrinz

his

photograch and signa

¿ure 31.

and a leites reportadiy written

by: Oarsid do the Soviei Embassy in

Washingion, referrina to his visit to the

Cuban Emb.issy 32

The aldress book

found

among Urnald's possessions.

morsover, contatred Duran's name and

telephone number. Eut the only cred-

Tole ayawitness testimony that Oswaid

fact visited the embassy is the

statement of Sivi: Duran,

When viewed" in tha light of the

racerity. disclosed evidente sugzasting:

that sontone might have visited the

embassy. impersorating

Oswald, the

Corimission's fature to setile com-

pletaly: the question of the three

sisidentified

priotos- soems extraor-

dinary. It is probabia that the CLA did

in fact supply an explanation of the.

photographs that was enough to satisfy

the Commission at the time. If so, that

explanation remains a pare of the

classified Warren Commission

ments not available to the public.

Raymond: Rocca (who,

until. his

•recent resigration, was the Agency's

action officer for all posi-Waren Re-

port inquiries about the matter) told

ons of the authors that the ClA could

not identity the mystery men. If this is

so, we may wonder how the Agency

could hays offured a satisfaciory. ex-

piauation of the incident to the Com-

mission

Until additioral documenis

bearing on this mattar are declassified,

the conclusion that Oswald really sisit-

ed the Ciban Erabassy ust romain in

sume doust. But even it he did, the

question viether someons was never-

meless. trying to impersonzie him re-

mans a crucial one.

---

## Page 49

13-00000

posing as Oswald visited

She Sovidi

Is surel i Cuss embasses in the.

Eily 2u01-3 01 1963, what implica-

tons might be drawn from this dis

curery? One povious interpretation is

shut someone sought to counterteit a

fresh connection between the man who

w25 .500n .i0

become

the

accused

presidential

assassin®

and the gover

ments of those two communist cour

tries.

But it is not necessary

• to

speculais furter. If someone were

tyiaz lo, impersogate Oswald eigat

liceks. before the

assassination, tize

Karen Commission's theory of a lone

issassin, unconnecied with any con

spires, is seriously undermined and

the cis should be reopened.

Thera could be,of course,

an

nocent expianation of how the CIA

come'" misidentify-the mystery man

as La Harvey Oswald: Oswaid may

actually have visited: the Cuban and

Sovier embassies. If this were the case

Tacn

somewhere in the CIA's files

there should be photographs of the

real Lee Harvey Oswald departing from

the Soviet and Cuban embassies in

Mexico City. If those photographs

exisi, their puolication would help to

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

CIA should now explain why not. la

wither case, it should also disclose ihat

it knows about the man it wrongly

ideitified as: Oswald on two separate

occasions: It should. explain why it

helieves thit this man was not imper-

i sonating Oswald,

All these matters

shouid be ciarified both by the ClA

iscit. and by the congressional com-

mittess that are about to investigate is

activities..

& 3ºarren Commission Documant 631,

Ti:=.

National: Arcinires,. Mashingion,

IC.

*Ibid. Her correct maiden name was

Prusakara.

Report of the Presicent's Commissior

on ine Ascessination of President Ken-

redy (US Govemment Printing Office,

1964), p. 114. (Hereaiter, Pepors.)

"Commission Document 631, op cit.

sibid.

"Hearings Before the Presidant's Com-

mission on the Assassinatior of Presi-

dent Kennedy (US Govemment Print-

ing Office,

1964),

Vol. 11, p.'469

(herselter, Hearingr).

"Ibid.; p. 468:

"Ibid., Odum Exhibit 1:

° Report, p. 364.

1OIbid, pp. 354-365.

"Hearings, Vol. 11, p. 469.

1ªCommission Document 1287, The

National Archives, Washington, DC.

13. Ibid.

1ª Hearings, Vol. 11, p. 469.

15 Edward Jay. Epstein, Inquest: The

Warren Commission end the Esteblish-

ment of Truth (Viking, 1966).

"*Mr. Rocca,

deputy

chief

of

the

CIA's Counterintelligence • Staff,

was

one of the four senior Agency officials

#ho

resigned, last: December in the

wake of The New York Times's revela-

tions of illegal domestic operations by

the CIA's Clandestine Services.

1' Epstein; Inquest, p. 94.

3ªCommission Document 674, The

National Archives, Washington, DC.

1ºIbid.

20 Ibid..

3ª Ibid.

= "Ibid.

21 Coramission Document

S5$,

"Tr:

Nutional Archives, Washington, DC, P?

3-4.

25 Report, p. 299.

26Ibid., p3. 733-736.

2Ibid., p. 734. Two olier witnesses

told the FBi they saw Oswald it the

Cuban Embassy.

A. Mexican private

detective who had visited the embassy

on October 1, 1963, identified Oswald

from newspaper photoxrapis as some-

one he had seen leaving the embass.

on

that date in

the company of a

Cuban. The detective was shown other

photos of Oswald and failed to iden-

tify him, and the FBI sems to have

concluded that he was mistaken (Com-

mission. Document 566). The Warren

Report does not offer the detective's

testimony. as evidence of Oswald's visit.

Another witness sho claimed to have

seen

Oswald

at

the Cuban Embassy

retracied his testimony after failing te

pass a polygraph examination (Report,

P. 308).

29 Commission

Document 7752,

The

• National Archives, Washington, DC.

29 Ibid., p. S.

30 Commission

Document

963,

National Archives, Washingion, DC, I

16.

31 Hearings; Commission Exhibit 256:

32Ibid., Commission Exhibit 15.

BERNARD FENSTERHALD is Director of the Com-

mittee to Invistigate Assassinationg

and was Chiet

Counsél for Senator

Edward Long's investization of

government wiretipping GEORGE OTOOLE is the

former chief of the Problem Analysis Branch of the

ClA. His books inclade a 10ral, an. Agert on tee

Other Sile.

and, most recently, The Assassination

Tones: do Elecironic Probe into the Murder of Jolie

F. Kennedy and the Billas Coverio.

---

## Page 50

13-00000

2.::

ATTACHMENT B

While Oswald's family resided with Mrs. Paine, William F. Simmons,

pianoplayer in the musical combo which sorked at the Carousel Club

from September 17, 1963, until November 21, 1963, lived at 2539 Test

Fifth Street, in Irving. Simmons has stated that his only relation-

ship to Ruby was as an employee, that Fuby rever visited him, that

he did not know Oswald, and that he had never seen Oswald at the

Carousel Club, Other persons in the neighborhood knew of no

connection between Ruby and Oswald. 1192

The Commission has investigated rumors that Jack Ruby and Iee

Harvey Oswald were both homosexuals and, thus, might have known

each other in that respect.

However, no evidence has been uncovered

to support the rumors, the closest

acquaintances of both men em-

phatically deny them,19 and Ruby's nightclubs were not known to

have been frequented by homosesuals. 119s

A final suggestion of a connection between Jack Ruby and Lee

Harvey Oswald arises from the testimony of Oswald's mother, Mar-

guerite Oswald.

When appearing before the Commission, Mrs.

Oswald related that on November 23, 1963, before Ruby shot Oswald,

FBI Agent Bardwell D. Odum showed her a picture of a man she

believed was Jack Ruby, and asked whether the man shown was

familiar to her. Odum had first attempted to see Marina Oswald, but

Marguerite refused to allow Marina to be disturbed at that time. 1194

In the course of Marguerite's testimony, the Commission asked the

FBI for & copy of the photograph displayed by Odum te her. When

Marguerite viewed the photograph provided the Commission, she

stated that the picture was different from the one she saw in November,

in part because the "top two corners" were cut differently and because

the man depicted tras not Jack Ruby us

The Commission has investigated this matter and determined that

Special Agent Odum did show a picture to Marguerite Oswald for

possible identification but that the picture was not of Jack Ruby.

On November 22 the CIA had provided the FBI with a photograph

of a man who, it was thought at the time, might hate been associated

with Oswald

To prevent the viewer from determining previsely

where the picture had been taken, FBI Agent Odum had trimmed the

background from the photograph by making a series of straight cuts

which reduced the picture to an irregular hesagonal shape.* "The

picture which as displayed by the Commission to Marguerite Ostrald

was a copy of the same picture shown her by Agent Odum; however,

in supplying a duplicate photograph for Commission use the FBI

had cropped the background by cutting along the contours of the

body of the man shown,le resulting in a photograph without any

background, unlike the first photograph Marguerite viewed on No

vember 23.

Affidavits obtained from the CIA and from the to FBI

ngents who trimmed the photographs established that the one shown to

Mrs. Oswald before the Commission, though trimmed differently from

the one shown her on November 23, was a copy of the same picture.

Neither picture was of Jack Ruby.19s

The original photograph had

been taken by the CIA outside of the United States sometime between

361

---

## Page 51

13-00000

¡Ville a F. Simmons.

lat the Carousel Club

3; liTed at 2539 Test

int his only relation.

Ever visited him, that

r seen Oswald it the

borhood knew of no

Jack Ruby and Lee

s, might hate known

s has been uncovered

as of both men em-

were not known to

lack Ruby and Lee

wald's mother, Mar-

Commission, Mra

Ruby shot Oswald.

icture of a man she

he man shown was

blarina Oswald, but

ped at that time 1:9

immission asked the

dum to her. When

p Commission, she

le saw in November.

exer

and because

nd determined that

guerite Ostrald for

not of Jack Ruby.

with a photogriph

ave been associated

ermining precisely

m had trimmed the

jes of straight cuts

tal shape; 1198 The

Marguerite Oswald

it Odum; howeror.

ssion use the FIl

ie contours of the

raph tithout any

ite viewed on No-

from the two FRI

at the one shown lo

el differently from

the same picture.

i photograph hai

sometime between

July 1, 1963, and November 22, 1963, during all of which time Ruby

was within the country. 119

Ruby's Background and Associations

In addition to examining in detail Jack Ruby's activities from

Jovember 21 to November 24 and his possible acquaintanceship with

Lee Harvey Oswald, the Commission has considered whether or not

Ruby had ties with individuals or groups that might have obvi-

siod the need for any direct contact near the time of the assassination.

Study of Jack Ruby's background, which is set out more fully in

appendis XVI, leads to the firm conclusion that he had no such ties.

Business activities. Ruby's entire life is characteristic of a rigor-

ously independent person.

He moved from his family home soon

after leaving high school at age 16, although a "family" residence has

Leen maintained in Chicago throughout the years.12 Later, in 1947,

he moved from Chicago to Dallas and maintained only sporadic con-

tact with most of his family. For most of his working years and

continuously since 1947, Jack Ruby was self-employed. Although

he had partners from time to time, the partnerships were not lasting,

and Huby seems to have preferred to operate independently.

Ruby's main sources of income were his two nightclubs the Carou-

sel Club and the Vegas Club although he also frequently pur-

sued & number of independent, short-lived business promotions.

(Ruby's business dealings are described in greater detail in app.

XVI.). At the time of the assassination, the United States claimed

approximately $14,000 in delinquent taxes, and he was in substantial

debt to his brother Earl and to his friend Ralph Paul,1os. However,

there are no indications that Earl Ruby or Ralph Paul was exerting

pressure for payment or that Ruby's tax liabilities were not susceptible

to an acceptable settlement. Ruby operated his clubs on & cash liasis,

usually carrying large amounts of cash on his person; thus there s

no particular significance to the fact that approximately $3,000 in

cash was found on his person and in his automobile when arrested.

Nor do his meager financial records reflect any suspicious activities.

He used his bank accounts only infrequently, with no unexplained

large transactions; and no entries were made to Ruby's safe-deposit

boxes in over a year prior to the shooting of Oswald.ia There is

no evidence that Ruby received any sums after his arrest except royal-

ties from a syndicated newspaper article on his life and small contri-

butions for his defense from frierds, sympathizers, and family

members. 120s

Ruby's political activities.- Jack Ruby considered himself & Dem-

write perhaps in part because his brother Hyman had been active

in Democratic ward politics in Chicago. 120e. When Ruby was arrested,

police officers found in his apartment, 10 political cards urging the

election of the "Conservative Democratic slate," 10r but the Commis-

sion has found no evidence that Ruby had distributed that literature

and he is not known ever to have campaigned for any political candi-

365

---

## Page 52

13-00000

City

aà October 1003,

job at the local radio

originateil with the

ed that Oswald visited

25 minutes. Accori-

hered 1953 model car

r srith him.

Oswall

arriving in Dallas on

as through Alice. On

as and then spent the

le che Paine residence

ald did not own a car

1 drive a car.

Accord-

ctober + There is no

job on any occasion.!

inde arrangements for

allas area.

claims rerealed that

mission found no evi-

for escape after the

I3 WIS

found in the

Alej alrenue ufter the

n Oswald's room after

Diel by his wife

his i rest Uswald had

ice found in his rimin

Castro sympathizer

Mentories of Morali's

heckleg alsenue do not

boxes listend in the 118-

Hidene in Irsing con-

sanies of Castro 19118-

s in quality (spelling.

lave had help in pre.

to else srote them for

at anyone in the l'nitel

letters or that anyone

i that he sould rite

another indicatest thir

* of his leerori. ll in

DE his lottons than with

cordingly subsiantial.

It is also clear that even his better written letters contained some dis

tinctive elements of spelling, grammar, and punctuation that were

common to his poorer efforts.

Oswald wrote in his diary that he

received help from his Intourist Guide, Rima Shirokova, in the

preparation of his letter of October 16, 1959, to the Supreme Soviet, 123

Speculation. A Negro janitor who was a witness to the shooting and

was supposed to be able to identify Oswald as the killer was held in

protective custody by the Dallas police until he could appear before

the President's Commission on the Assassination of President

Kennedy.

Commission finding.—Investigation revealed that this story had no

foundation in fact. No such witness was kept in protective custody by

the Dallas police for appearance before the Commission, The story.

had its origin in a netspaper account based on hearsay.?e

Speculation.- The Secret Service incarcerated Marina Ostrald im-

mediately after the assassination.

Commission finding.-Marina Oswald as given protection by the

Secret Service for a period of time niter the assassination. She had

freedom to communicate with others at anytime she desired, to go

where she pleased, or to terminate the protection at any time.I?

Speculation.- Mrs. Marguerite Ostrald was shown & photograph of.

Jack Ruby by an FBI agent the night before Ruby killed her son.

Commission finding. On the night of November 23, 1963, Special:

Agent Bardwell D. Odum of the FBI showed Mrs. Marguerite Oswald

& picture of a man to determine whether the man was known to her.

Mrs. Oswald stated subsequently that the picture was of Jack Ruby.

The Commission has examined a copy of the photogriph and deter-

mined that it was not a picture of Jack Ruby. 12

Speculation. The son of the only witness to the Tippit slaying

was arrested after talking to some private investigntors and soon

plunged to his death from an unbarred jail windon.

Commission finding.- According to Mrs. Helen Markham, one of

the witnesses to the Tippit slaying, Mrs. Marguerite Oswald and tro

men who claimed to be reporters from Philadelphia sought to inter-

view her on June 27, 1964, Mrs. Markham did not wish to be inter-

viewed and put them off. "Afterward, Mrs. Markham's son, Villiam

Edward Markham, talked with Mrs. Oswald and the men about the

Ostrald matter and the shooting of Patrolman Tippit. Willium Ed-

ward Markham had been in Norfolk, Va, at the time of the assassina

tion and had not returned to Dallas until May 7, 196t. He had no

personal knowledge of the shooting of Patrolman Tippit. On June

30, 1964, another of Mrs. Markham's sons, James Alfred Markham,

ras arrested at Mrs. Markham's apartment by Dallas Police on a

charge of burglary. While trying to escape, he fell from the bathroom

of the apartment to a concrete driveway about 20 feet below. He was

taken to Parkland Memorial Hospital, treated for injuries, and after

6½ hours mas taken to jail. As of July 31, 1964, he was in Dallas

County Jail awaiting trial.

There as also a arrant outstanding

against him for parole violation. 139

667

---