REVIEW OF AGENCY HOLDINGS REGARDING PHOTO OF UNIDENTIFIED INDIVIDUAL IN MEXICO CITY PUBLISHED BY THE WC.
Agency: CIA
Originator: CIA
From: ROCCA, RAYMOND G./CIA
To: DC/OPERATIONS STAFF/CIA
Document date: 5/2/75
Document type: PAPER-TEXTUAL DOCUMENT

## Page 1

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2 May 1975

MEMORAND

SUBJE

дери

Chief, Operations Staff

Review of Agency Holdings regarding

Photograph of Unidentified Individual

in Mexico City published by the

Warren Commission

ROCERENCE

Letter dated 15 April 1975 by

Mr. David W. Belin, Executive Director

the Commission on CIA Activities

within the United States, to

Mr. E. Henry Knoche (copy attached to

accompanying report)

1.

This is further

to, and in completion of, my

interim memorandum

of a few weeks ago.

2.

The attac

$ is a detailed review in narrative,

chronological o

together with appropriate

ary - of our

sive holdings on the OSWALD

comm

ent-

hat

have a bearin

"th

matter of photographs

Mexico CIty station

Unidentified Undivi

(a) and 15 october

by

of

an

As a consequence

tion of

analyticas

error, misjudgement

an

unde

stres®

an,

urgent desire to contribute

to

elop-

mentipa

the

istigation of the assa

nati

cropped veg

of

one of the photogr

phs

Unidentified

Individual was introduced

info

Che

evidence in

chain of

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.

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E 2. IMPDEr EE DYL

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The attached report is not intended to be an

nswer to the fensterwald/o'Toole article which Mr. Bell

Suhemorandum.

(I have prepared a paragraph-

refutation and comment on that article,

more appropriately handled by a sepa-

OMI. Belin, and I will prepare this as

randum 2)

that is desired.)

point of the referenced memorandum is

on should be given now to "whether or

entire matter can be fully disclosed at this time

submission is designed to make it possible for

IG and others whom you may desire

decision.

The narrative-interpretive summ

tie snout

g make

has been

put together in such a way that it disclo

aconyns.

pseudonyms or other CIA jargon.

However,

well beyond what has been released to the publig

thus far

in the Warren Commission documentation.

This point must

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

any question in anybody's mind

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 documentation has not been keyed into

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.

is only one cop

this collection; this is it.J

one of the photographs taken

Mexico City

October 1963 was introduced into

ublic record.

However, it was

duced int

cord in two cropped versions.

and its staff were made

fully saw

Ch ty 29

inquiry at Headquarters

the origins of the photograph,

Tham additional photographs of the sa

indiv

taken at different times in Mexico City and

of full knowledge of these facts reached thes

clusions regarding the irrelevance of the photo

OSWALD and the assassination.

Not drani:

7. TE

became tris

5/13/75

In fact,

we actually hold twelve different photo

graphs of the Unidentified Individual.

Each of these are?

reproduced in the collected documentation backing up the

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

2

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had indicated

objection for

these photoar:

writing to Chief, CIOPS, that he has no

Belin to do whatever is desired with

bs at this time.

It should be noted that

1971 - 1972 was actually shown, by

Мг. Ноцесо

twelve

in

torre

ho tograp

warren

mmission report.

(It is these

he has pubi

& in The New York Review of Boots

len attaches to his memorandum.

article

It seems to me that whoever make

whether the entire matter can be fully cousclose

this

time should bear in mind that a subsit

also be made,

i.e., whether to crag @othe

fuzz up

the background of the photographs

alterna

tively, to

publish the entire run of the photograptis

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.

should see the entire documentation as

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

Agency.

But it is my

that there

sensitive aspects deriving from

tion which produced the photographs

Mexican liaison and as a conséguen

time would create additional oroble

at that

nbassado

Mexico.

Also, it should be

according to Win Scott's

November 1963 (see Item

the backup

allegedly played a direc

put the photographs into the frand

laterally from the Field.

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

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2 May

1975

SUBJECT : The Photo of an

nidentified Individual in the Warren

Commission

A Factual Chronological Survey

REFERENCE: More A V. are to Mr. E. Marry Kroche,

1.

Referene

memorandum suggests it would be appropriate

reconsider ful

prisclosure at this time of

the

mstances-anc

actual

data

relative to the Subject. The purpose

S survey

viato 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

Assassination

of President Kennedy (hereinafter cited as Hearings),

Kol: XX, р. 691.

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sensitive

inte

operation being conducted in October 1963 by the

CIA and Mex

Secu

authorities) against the Soviet and Cuban

Embass o

EDD

extraordinary press of effort to de

on the

assin and the assassination, copies of

made available by CIA's Mexico Station Chief &

22 November to the local FBI representativé

mation

afternoon

rof

day,

were conveyed by

assertedly on the decision of the Ambassador, copi

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

Parvey OSWALD's mother) in Dallas on the

evening of 23 November

FBI Agent Bardwell D. ODUM.

4.

The

's report describes the sequence of events

at pp. 364

tachment B) which ultimately resulted in

Mrs. Marg

allegation that she had been shown a cropped

photo of Jack RUBY

the day before he murdered her son. (A fur

er

complication compounding this erroneous conclusion was

th

that

when she had been shown a copy of the same photograph

rance

before the Commission, it had been cropped by

a slightly different manner.)

was

in

5. No detail in the Warren Commission report

rustrates more

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

(

2

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politicized, rigi

deterministic interpretive climate that has been

nurtured by

the

media

over the past decade about the Kennedy Assassina-

tion.

acknowledged now not to be RUBY, has continued to

preoccupy, "speci

ists" and has

become the centerpiece of another

hypethesis that holds OSWALD to have been "framed" by

the

double in

hos activity in Mexico City.?

Lee Harvey OSWALD - Reporting on Mexico City Stab

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

acquisition and handling of the photographs by

the Mexico Stat

iew what the Station ascertained

and did with

the inform

oped

about OSWALD in Mexico City, together with

Headquar

that information.

credible evidence known to this time

(none

added since

the

exhaustively unique work of the Warren

Lee Harvey OSWALD spent four (4) full days and

tw

about 116 hours in all--in Mexico City from about

70:00

parti

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

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1963 to about 8:30

a.m.

2 October 1963. His place of residence.

small commercial trakeler hotel, not frequented by "gringos"

Hotel Commerci

Whe ne

he

was registered under alias.

detailed inte

interrogation by the Mexic

the FB.K

ter

all

sassination, established i

he left early and returned

Tate

vection of

saay

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 unilateral or from Mexican liaison.

9. It should be

gation." None of

noted

that OSWALD was in no sense "under investi-

of his defection and stay in the US,

return to the U

62, were known to Mexico Stati

before 10

the bare bones of his biogra

forwarded

in response

to a Station

8 Octobed

whi

ag forwarded, on a routine bas

What

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

was indicated and deduced from technically acquired information on

to be

This

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

identified himself (partially) by true name.

4

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10. At no

during his stay in Mexico City did the CIA acquire

a photo of

OSWA

areful review of all coverage, voice

ntercept,

as well

of both the Soviet and Cuban Embassies

was

cord

bation on 22 and 23 November 1963

after the

assina-

thor

›to materials from August 1963.

face, firm

that ther

e was

no CIA photo coverage of OSWALD

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. Barcis this intensive review of voice intercept transcripts

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

cept--whick.had.been

interested member

ented te Haadquarters and disseminated to the

intelligence community (as an ex-Marine OSWALD

was a Navy and

of interes

the

the Delimitations Agreement, and potentially

stment of State)--turned up matches base

diơn

content

matches

were

mate

intercepted on 27 and 28 Septembe

ceported to Headquarters on 23 November

Rese

based on voice comparison (except for what could be recal

monitor--and this was not an insignificant element, becau

memorably poor Russian spoke by OSWALD) could not

be

by the

the

because the

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

5

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12 It must

tressed that the voice intercept and photographic

coverage was

means

of

pati

Kand

nary

is not) processed in

"real time." The

wisition

the volume of the information precludes anything

but the

spot repor

of items judged by the monitor to be of morer than.

ordinary

interest and, therefore, noted in summary logs. Full

selected items require consultation of the tape and either

scription or full translation or both. Photo coverage

available in quantity lots which requires scanning

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

the

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

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

a name.

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

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

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

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

13. The Mex:

on Lee OSWALD

ed on

data with

tion did one more thing in its 8 October

report

•I) October voice intercepts:

it cou

she

formation it had acquired from a

collate

a photograph of a male individual,

1 У

America

observed entering the Soviet Embas

The Station reported this detail on the 8th as

a,

fact. The Station did not assert or suggest that the da

nol Octobe

of

incident

deduced from

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

6

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Lee Harvey OSWALD - CIA Coverage of His Mexico City Stay

14. One addit

the final preca

of the phot

on 23

tot

no

nal element of background must be stipulated how as

to understanding the relevance (or irrelevance)

ithe

in individual placed in the

by FBI Agent Bardwell ODUM

chat was.

co's coverage of OSWALD's

chinity afgf the after-

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 So

tUnion, and he wants to know with whom

he was

talking there

she (Silvia DURAN) had sent him

to

Quiet

Embassy sas

that

they accepted him and

gave him

39.

the cus embass would aiso give him a visa witheut furthes

page her, conve

only advising Immigration in cuba.

American:

says wants) to know with whom he had talked

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

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SIlVIa DURAN expLa

leave a namen

the same thing to him. This man says to

telephone number and says he will call back.

silviz!

«the telephone. 11-28-47 (Cuban Consulate),

She

Misd takes ar

@bantage of the conversation and states she

moved

address

are to advise the soviet Embassy of her chanit

bas

that she can receive the Soviet Embas

Bullet

The man says to call KOUKHARENKO to give heig

asks the name of the Consul or Cultural Attache.

Chen he

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

rican had been there. Silvia DURAN says he

is there now.

Consulate in

oviet says the American showed papers from the

t he wants to go to the Soviet Union

and be

th

time with his wife, who is Russian, but.

the

me from Washington in respect to this problem,

and

acco

this procedure it takes four or five months, but

without having permission from the Soviet Union they should.

or

better said, they cannot issue a visa there without asking.

washing-

ton. However, according

to this man, he showed

he was

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

cubans said that they cannot issue a visa dthout baring :

a visa

8

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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

DU RAN ag

the same problem exists witl

that

the

anyone

for him

Wim (the American) is that he

na, therefore if that is true it

visa for Cuba, because he was

thinki

roces -

sing his visa (for the Soviet Union), because

ne

"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 havin

*his visa, she could communicate to any place

this

permissio

(visa

or

Silvia

ex

angle here or any place she could receive it

but right now they do not have them.

tainly and they cannot give a lette

becau

know if the visa will be approved

says

hè

can

live a letter or recommendation

e1

doss not know him (the American) and asks to fre agause igol

bothering her. Silvia DURAN says that is

one shany thanks.

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

Silvia DURAN calls the USSR Embassy and talks to an unidentified

9

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Soviet. She says that in the Cuban Embassy there is a North

American who was at the Soviet Embassy. The Soviet

minute..

Silvi

GRAN speaks English with someone-

Spanish that

gave APARICIO telephone 14-1

comment

in

ake the

number do

DURAN then says the

going

to t

.e., the Soviet. The

st speaks

and.

euSoviet speaks English. They concenue 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

them for my address, because they havent

• The Soviet sa

Why

not

you come again and leave your address

Prom the Cuban Embassy.

The American says

with us

I' 11

away.

ober 1963 (Tuesday), 1031 hou

time.

An unknown male (American) calls the Soviet Embassy,

the Military

Attache'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

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

I would Tike to ask you.

to call another phone number?

Please write

it down:

15-60-53, and

ask for a consul. Thank you.

e

tober

(fuesday) , 1045 hours Mexico City

The

erson.

phoned a day or so ago and spoke

Rus.

OBYEDKOV (a Soviet Embassy guardh

forgoken

says*

This is Lee OSWALD speaking. I was at your

and

spoke to a consul, and they said that they

elegram 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 receiveda

nything yet. OSWALD says: Have they done

anything?

sent out,

ОВЖЕ

says:

Yes, they say that a request has been

has been received as yet. OSWALD says, and

what

hangs up.

ese items, including the texts of the raw

were

read

cussed with, and examined by Warren Commissio

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

al

1964.3 All were made available promptly to the FB

PROHIBIT

epts,

3

The Warren Connission group that visited the Mexico Station consisted

of Mr. Coleman, Mr. Slawson, and Mr. Willens.

They examined not only the

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17. Summing

can state, or by free interpretation reasonably

infer

from

the intercept evidence, that OSWALD made or could

have made

the following

contacte

with the Cuban and Soviet official establishments

in Mex 69

September 1963 (Friday). After arriva

his hotel, OSWALD went first to the Cuban Embass

check-in to

ked

with Mrs. Silvia DURAN. The time of hig

visit

is unknown. The time of his second Cubar

t 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

that seemed to have relevance.

These have not been includ

summary because they appear, on review, to be excludable‹

matter on logical ek

substantive grounds, or both, bear

the Soviet Embassy received many calls pertaining

Der

On the

an unknown

Odessa.

OSWALD

#516 at

him to

believe

the

the Soviet Embass

from

Consul was not in and

to go to

at 1130.

arr the at the Flecha, theretorer

minal on bus

possible for

As call.

were aSWALD's for the Pothoring treasons:

• it is unreasonable to

he caller wanted visas, and specifically for Odess

as seeking a visa and never in any context did he speci

the Black Sea port of Odessa as a destination.

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There

WE

no photographic coverage of OSWALD's entries

into either

the

Juban or Soviet Embassies on the 27th. The lack of

coverage

the

Cuban

installation is explainable:

the

camera,

based

the

reco dection of officers still in service

in Head-

buakters,

down on the 27th because of mechanical.

man

function,

which was in

course of correction.

WhY OSWALD

ssed

in his

probable entry to the Soviet installation

on

th is not yet

explained, but no technical operation of

kind is infallible.

b. 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: 15-60-5

number, 15-6948.

on 1 October,

OSWALD first called the wrong

the MA's number), and had to redirect his call to

the correct

15-60-55.

It seems unlikely he would have made

what would

initial call, on Friday the 27th, to the

correct

anTed the incorrect number.on 1 October.

every reason to believe from

the context of the

5, a-e above, that OSWALD's first destination

EmbassysO

id

check-in to his hotel, was a visit to the

Cuban

The use of the spanish language oild exclude osWALD unless

use of an intermediary, which seems unlikely from what is

known of his modus operandi.

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

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

The Soviet

respondent says: Call on the other phone.

The requestor

says: I'm

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USWALD, notwithst

anding the holiday schedule, went on Saturday

morning

Soviet ambassy (his second visit) where he spoke to

a C

apparently could not recall his new Texas address.

troars he went to the Cuban Embassy--his third entry--

where

hao

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 fe

give them the

address over the phone.

Instead, the Sov

whom OSWALD spoke

over Mrs. DURAN's telephone invited OS

tỏ

ack in person,

and he said he would immediately.

PY

hereupon OSWALD went

back to the Soviet installation (his third entry).

looking

for a visa

telephone. of the f

please, I'11 have

the visa theres

know about t

Soviet giv

Soviet

go to Russia. The Soviet says: Please call on the

The requestor says: One moment

get a pencil to write the number down.

Soviet:

That depends on your conversation.

They is

The requestor asks for the number agak

er and tells him to ask for the Consu

this intercept to OSWALD is exclu

The use of broken Spanish.

OSWALD throughout ased broken

Russiah 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.

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

d.

30

(It is knows

that

Loredg

departi

ber 1963 (Monday). No activity registered

•D reserved space this date

dexico

2 October 1963 at 0830 hou

tober. 1963 (Tuesday). OSWALD made

Bast tro calls,

SULUD

at 103

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 Embass

Washington. His two calls on l October

wehe

concerned w

lether any reply had been received from

ton.

Under

es, it is unreasonable to

be

LOS

WOU

the Soviet Embassy on that

amera at about mid-day registered

to

the

Soviet Embasswof a white-shirted individual who, in theopinion of the

evident to at ta local are a day, toe, ha

could not have made this local

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Station,

amon

the persons photographed that day, appeared

to be the

only

per

non Latin,

and possibly an American--who entered the Soviet

ins

starlation.no

chance there could be an association between

the

identificattenudata derived from the voice intercept and the dese

data derived from the photograph, the Station reported the

ejement,

as separate facts in its cable to Headquarters on

0

19. The Station's action was not unusual

reat

ly

amounted

• to an

analytic "quantum leap," justified by the primitive and

entoratory 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

20. Mex

Headquarte

22 November 1963

*ted to Headquarters on 8 October (received in

he following initial information on OSWALD. 4

October 1963, an American male who spoke

broken Russian and said his name Lee OSWALD (phonetie

stated he was at SovEmb on 28 September when he

16

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with a consu

Vladimi

KOSTE

onene believed to be Valeriy

Subject asked the Soviet

Nưan] QB

who answered, if there was

anything

riel

(regarding a telegram to Washington.

OBVEDKEN

pon checking said nothing had been

received yet, but the request had been sent.

(2) Mexico Station said it had photos

of

who appeared to be an American entering

Soviet

Embassy at 1276 hours, leaving 1222 on 1 October

Apparent age 35, athletic build, circa 6 feet,

receding hairline, balding top. Wore khakis and

sport shirt.

(3)

Station.

No local dissemination was being made by the

On

10

21.

for action

and the

collateral detai

2012Z time the WH Division responsible

eport to the Department of State, the FBI,

routine electrical transmission, adding

s ome

awn from a preliminary file review:

(1) On 1 October 1963 a reliable and sensitive

source in Mexico reported that an American mal

who identified himself as Lee OSWALD, contac

ted

the Soviet Embassy in Mexico City inquiring

RCMIBITED

17

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whether

bassy had received any news con-

cerny

te

which had been sent to

build,

hairline.

American was described as

35 years old, with an athletic.

about 6 feet tall, with a "receding"

PRODUCTION

ident

(2) It is believed that OSWALD may

to Lee Henry [sic] OSWALD, born on

Oct

07939

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 hi

§ Russian-born wife, Marina

Nikolaevn

AROVA [sic] and their child.

(3)

in paragraph (1) is being

your representatives

in Mexico City.

Information received on this subject

wi

furnished you. This information is beir

made

available to the Immigration and Naturati

Latron

Service.

22. Although the reaction of the Head

dês

was

"by the

book" and in good time, there were a number

this advisory

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

case:

18

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a.

OSWALD's middle "name was misgiven:

"Henry" for Harvey.

The reason for

this mistake is simplicity itself. The sheet opening

the file a

"OSWALS

no pacember 1960 had been erroneously inscribed

That sheet--unchanged except for the notation of

the

the first sheet in the OSWALD file.

b. His wife's maiden name was misspelled:

"PUSAKOV.

"For

PRUSAKOVA.

Neither of these errors are significant (though they persist,

Headquarters communications throughout the month).

the

Mor

e important was:

c. Paragraph (2) of the Mexico Statio

epai

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

ividual as "The American."

There can be no

on

was an

analys

this misreading of the Mexico Station report

escaped detection in the coordination before

release:

ripti

details attributed to OSWALD were so far off the

mark as

tely recognizable as such by the recipient

quarters, among

wAsm both the Navy and FBI had photos of

OSWA

explanation, if not exculpation, be it recalled

that

that

had no photograph of OSWALD in Headquarters or

in

Head-

- (In partial

CIA

"efer to.)

23. Confirmation of this judgment is proi

contents of

the cable composed by the same analyst and sent as of

2209Z time (two

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

19

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(1) Lee OSWALD who called SovEmb 1 October

probably identical, Lee Henry [sic] OSWALD-FORM

18 Uctober 1939, New Orleans, Louist array

former 3

radar operator.

in United States

who

defected

n. October 1959.

OSA TES

five fee

inches, one hundred sixty five

poul

Trong wavy hair, blue eyes.

ober

1959 he attempted to renounce

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

reared at the Embassy with

his wife to

his return to States.

Subject

for

Sov

tually had never appl

ip

and that his applica

at

ime.h

been to remain in USSR

temporary extension of his tourist visa pending

outcome of his request. This application, according

to OSWALD, contained no reference to Soviet

PROHIBITE

20

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citizenship

stated that he had been

employe

singe 13

o and

cy 1960 in Belorussian

Fin Minsk where he worked

metal

grker

in research shop. OSWALD was

married

on 30 April 1961 to Marina Nikolaevna

PUSAKOVA [sic], a dental technician born 17

литк

1941, USSR. No Headquarters traces.

He

attempted to arrange for his wife to

m

inN

Moscow so she could appear at Embass.

interview. His American passport was

retur

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

ravel with their infant child to USA.

Station should pass the information,of

reference fits & october cable sand per aren

above to the Embassy, the FBA

the

Nau

Sand

I&NS

locally. The information given

abovelds

21

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0002163

25. •

01

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paragraphs (2) and (3)

arisint with there if

(5)

Reference and possible identificati

REPRIE

ing disseminated to Headquarters of

TENS.

Please keep Headquarters

PROHIBITE

adyired an any further contacts or positive

itification 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

avy the following message on 24 October: 1963

"Lee Hen

Sic]

"that you forward to this office

soon egible two copies of the most recent. le

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

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No photo had been

ed

by CIA by 22 November 1963.

26.

done

all

Within

Timitations and capabilities, Mexico Station had

could

to.

comply with Headquarters instructions:

Headquarters had been alerted, and in turn those

age

tes

with an

Investigative or policy interest in OSWALD

as

cap

in the United

States had been alerted, both in lastigaton

ando

the field.

b. Mexiço 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

Chain of Evidence,

On 22 November 1963 the Mexico Station

2228k time after learning of the arrest of Lee H, OSWAllage

!

23

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possibly in connection with the assassination, and referenced its

earlier messages, of

Erg and 15 October and Headquarters' reply of

10 october

• The

Station requested by:

Tra try pouch a phote o OSMALD so that statione

check all recent coverage for OSWALD.

ing soonest copies of only visitor to Soxtel

ambassy!

on 1 October who could be identical

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

identical. "

29.

Th

tron

meanwhile had begun an exhaustive and accelerated

review

of

haycal and photographic intelligence.

A dispatch

was

pre

rdance with the indication given in the

cab

of

22 Nover ber

in paragraph 25 above. The dispatch

photo coverage of the unidentified individual had

turned up on 4 and

15 October at the Soviet and Cuban Embassies, respect

of the 22 November 1963 pouched dispatch reef

"1. Attached are copies of the only photographs

obtained

... on 1 October 1963 which appeared

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to be an Ancke, this same man visited the soviet

the two photographs was given to chiefter

Mexico, on that date . . •

"P.S.

Photographs dated 15 October 1963

were

inserted after typing of dispatch. These were

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

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

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

(unmarked on reverse)

showing the individual in a black shirt. It

would seem to be

sal that the word "sets" was probably omitted from

paragraph two,

spatch between the words "two" and "photographs."

30

appa

as

on was working under forced draft

is

xt of the dispatch, which tacked on

That fact was reported simultaneou

aterial,

-fact

Headquarters

• at 00532 time, 23 November:

American type who is possibly OSWALD entering

Cuban Embassy on 15 October. Searching for

25

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possibility photo-documented entry Cuban Embassy

other

days an

establish OSWALD entry and

31

Hellester

ters, at 0136Z time, 23 November 1963,Casked Mexico

Station to send

a staff member with all photographs to Headquarters on

the next available flight.

32. Concurrently with or before

segoing

agues

to Headquarters,

the Chief of Station, Mexico City, had spoken durgetly

• 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

latter from

Dallas, together with copies of the photographs,

representative who delivered them to the FBI in

avenber 1963

"Dear J.C. [KING]:

"Reference is

made to our conversation of 22 November

26

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in which I requested permission to give the Legal

Attache copses de

photographs of a certain person

ith 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

bett

by pouch which will leave Mexico Cityson the

night of 22 November 1963.

"Best wishes.

REPRODI

sent

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

officer was Eldon RUDD.

27

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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

ime,

23. November):

each:

t here 2000 local me wit

'x photos of a person suspecte

(<))

be

Lo, 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, cancelli

request:

"1.

No

asked

OSWAS

pi

eith photos.

We have

Nagain, but Mexico can see

gobnest on the press wire.

"2.

Have

just re-emphasized to FBI Headquarters

the sensitivity of photos you are sending

and also

28

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relaying

Note

names

of travelers with

similar names.

PROWUBTEO

729Z time, Headquarters advised Mexico City:

says that the photos of the man

Ventering the Soviet Embassy which Mexico

Station sent to Dallas were not of bee

OSWALD.

Presume Mexico Station has doub!

checked

dates of these

photos and

also

checking

all

pertinent photos

for poss

Of OSWALD."

37. And at this point

finally agreed:

ti

November, Mexico Station

"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 (22542 time, 23 Novembey 1963) the Station had

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

29

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"Complete recheck of photos of all visitors.to

Cuban Embassy

on August through first half of

November

ag

good press photos shows no

ev

OSt

And elsit. Similar blank against

nbassy photos from 1 September.

oti

visit we know he made to Cuban Embassy

28

September, Saturday, on which Embassy

and we had not had coverage

39. With this communication the matt

individual" reaches the end of Phase I,

entified

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

fact that the description of OSWALD and the

unidentified i

quite disparate.

40

attempted to deal even-handedly with all items

in the

it have

a bearing on what happened.

zeal

, and the high committment of

all

especially in Mexico City, speaks for itself.

Egl

because of the 20/20 advantage of hindsight te

non-performance. It was a critical failure

perational

appare

of

that no photo

of OSWALD was made available--though it was express

requested both at

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

30

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sought by CIA, before 22 November. A 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

1 October 1963

ssionistic selection of the photparagn only

celebre today.

40

there

clear

from

should clear from this factual hervey,

celebre with less intrinsic merit!?

facts themselves that there was nothing contrived or

wever had

is equally

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

No

1963 showed one of

photos flown up from Mexico Cit

the previous

day to

OSWALD'S

the

backgr

image

in

• the photog

Hearin

Marguerite OSWALD. ODUM himse

trimmeg off

veuts. Mrs. OSWALD had

the

ODUM's own detailed account may be found in

XX, р. 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

37

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(

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

left the city.

43. At this point

the record, the total availabl

coverage of the unidentif

ied individual numbers twelve

photo

-photog maps

taken on 1 October 1963, enteping

So

Embassy

piperting the

is

garbed in a white shirt and light-colored

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

th

SwALD and related file holdings.

44. The res

O DI

display of the photograph-

cropped

versia

ose noted under paragraph

Mrs. Margue

her. son

OSWALD

allegation that she had been

won

lack

RUBY, a day before he perpetuated

th

deed!

upe of

Again

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

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

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

32

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when she finally

camitted before the Commission that the ODUM photograph

was not RUBY

was

that the photo had been cropped differently from the

one she

een shot

Dallas. Inspector MALLEY's cropped version of

the

BoUn

photogy

apro became Commission Exhibit 237 (see Hearings,

45.

The net effect of the developments in the hear

Commission was

to require the admission of the cropped

Ninto

evidence in a chain of depositions beginning wi

long 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 Stat

advised against

the

other senior Agency officers strongly

of the photograph in any form on the

obe immediately alerted to the existence

grounds that the

of a useful

tion wou

drain.

.S.

intelligence operation, and the opera-

There were repeated cables

exchanged

this point

betw

Headquarters and Mexico Station during

of 1964, in particular from 23 September to 15 Octobes Vasan

station had plans underway to abandon the operatie

47. In acceding to the Commission's request for

Ther

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

33

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Mr. RANKIN by memorandum of 23 June 1964 which included

Following

additional observation:

"The Central Intelligence Agency recommends that

Prograph not be reproduced in the

report because it would jeone

.e

confidential and productive operation.

add

it could be embarrassing to the indivi-

involved who as far as the Agency is aware

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

Mr. HELMS in the concluding

sentence of his memorandum

to

RANKIN

on

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

Within a week

public appearance of the Odum

Commission

rembers of the Soviet

tematic

efforts

surrounding buildings, ostensibly) for

"rental

space

heir inquiries were directed to spotting possible

cam

e operation was continued in any case. Within a year

it had becomes almost totally unproductive in coverage on Americans in

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

was being warned away by the Soviets themselves.

34

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

49.

As

foreseen, there has been persistent pressure by

critics

and

Cọi

ssion Report to exploit Odum Exhibit No. 1

& No. 237 for partisan interpretive purp

CORSIC

which the

hespondence has accumulated since the end

96

in

gency has attempted to be responsive to

theseureque

simultaneously, has tried to satisfy what has

ts'

sole

and,

rcerest

from the inception of the matter: to protect

of the photograph and

the foreign liaison relationsh

acquisition possible.

af'acquisition

Which made the

50. Following are highlights from the correspondence during

the

current

phase.

a.

On 16

over the signature of the General Counsel

of the Agenci

statement

HOUSTON, CIA voluntarily submitted a

tograph to Judge BAGERT of the Criminal

Distri

ourt

The response

ae. Parish of Orleans, State of Louisian

affirmatively with the contents

of

subpoena

that had been delivered to the United States Marshe n the Pigtrict

of Columbia, despite the fact that the subpoen guld ngs he

executed because of the lack of jurisdiction

Mr. HOUSTON proferred on Agency beralf

eric assur-

ances to the court regarding the inaccuracy of statements and

35

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inferences made by Mr. GARRISON in New Orleans

of the unidentified indiwidual. The following

is,

Mr. HOUSTON's memorandum

about

the

photograph

"Because of the publicity which has surrounded

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 conta

never have contained, any such picture

Lee Harvey OSWALD taken in Mexico

an

no information whatsoever that

graph

ever existed. To the best

and

information, therefore, there is

no

such photograph.

Furthermore, the photograph which is printed in the

Warren Commission

aport, Exhibit No. 237 in Volume

XVI, never cor

figure in

to our

more than one figure, and the

•Dotograph depicts an individual who,

as not been identified. The

cir

the filing of this photograph with

th

Ission are set forth in affidavits

on pages

468

and 469 of Volume XI, Hearings Before

the President's Commission on the Assassination of

36

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President

ennedy,

Consequently, we have no record

stage phot parapt

That answers in any way the

o descriptio

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

individu

Wer

received on 1 and 24 November 1971, to which

the

on 15 November and 14 December, respectively

Mr.. Paul L. HOCH, 1735 Highland Place #2,

ornia.

d.

The

individuak

is now

ti

Document

extensive effort to pursue the unidentified

and

geing made by Bernard FENSTERWALD, Jr., who

sector of a Committee to Investigate Assassina-

Greet, N.W., Washington, D.C., beginning on

shortly after the Agency declassified Commission

674, and extending through 11 October 1972, after the

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FBI's declassi

of Commission Document No. 556. On 8 April

1971, Mr

wit/

ERWALD <WA

invited to the Agency for a discussion

unsel, Mr. HOUSTON, of his question ab

•aph

unknown individual. Two other photo

the unidept

led individual, in addition to the

depicted in the two Commission exhibits, wer

at

"that

time. It is a matter of more than ordinary

Note

that

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

partner, Mr. William

-HAUSEN, told Mr. HOUSTON and another

representative

Agency in attendance that he knew who the

unidentified

Memoranc

following is extracted from Mr. HOUSTON's

8 April 1971:

TERWALD came to my office. this

morninoy

with his partner, WilTiam 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

Mr. FENSTERWALD said there was nothing to indicate

any connection between the man in the

photoge

and the assassination of President KENNEDY.

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

this time, as he said enough people had suffered

unnecessarily from allegations that they were

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associated with the assassination, but

say he was sure we had a file gothale in

asked how he could use them.

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, servings

prison term in this country

on a criminal charge, and that he had met OSWALD

in Mexican asked whether the prisoner had any

conspiratoria, retationship with OSUALD.

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

39

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thick file on the unknown man, and that we will

be furnished

name in due course . .

.."

ERNAL made no reference in his subsequent

onS.

Sabrrespondence to this

allegation

about the identity

he

"Uny

identified 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:

Attachment B:

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

dated 15 April 1975, with attachments) "The CIA and v

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

of Books, by Bernard Fensterwald and George O Toole.

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

report.

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