From the November-December issue (Vol. 7 No. 1) of Probe
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The story was both familiar and devastating. Another crazy gunman, portrayed as a withdrawn loner, had taken down another leading political figure in our country. On May 15, 1972, Arthur Herman Bremer pulled a gun and fired upon Governor George Corley Wallace during his campaign rally at a shopping center in Laurel, Maryland.
CBS photographer Laurens Pierce caught part of the shooting on film. A clip from this piece is included in the film Forrest Gump. Wallace is seen with his right side exposed as Bremer reaches forward through the crowd, plants the gun near Wallace’s stomach, and fires. Bremer continues firing four more shots, all in essentially the same forward direction, roughly parallel to the ground. Due largely to what was shown on the film, and to the apparent premeditation exhibited in his alleged diary, Bremer was arrested, tried and convicted.
To most people, this case was truly incontestable. This time, a deranged (though not legally insane) gunman had taken out a presidential hopeful. But as with the assassinations of the two Kennedy brothers and Dr. Martin Luther King, there appears to be more to the story.
Wallace alone was wounded in nine different places. Three other people were wounded by a bullet apiece. That makes twelve wounds. The gun found at the scene and presumed to be the only weapon used could only hold five bullets. Looks like someone brought magic bullets to Laurel that day.
Doctors who treated Wallace said he was hit by a minimum of four bullets, and possibly five. Yet three other victims were hit by bullets, and bullets were recovered from two of them. The New York Times reported that there was “broad speculation on how four persons had suffered at least seven separate wounds from a maximum of five shots,” adding that although various law enforcement agencies had personnel on the scene, these agencies claimed that “none of their officers or agents had discharged their weapons.”1 Curiously absent is the logical deduction: perhaps a second shooter was present.
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Bear in mind that shots 1 and 2 in the above picture represent two wounds each since they were through-and-through wounds, bringing Wallace’s total wound count to nine. In addition, three other people were wounded, bringing the total wound count to 12. Note too the low placement of the upper chest wound (4). Watch where this wound appears in the other two bullet scenarios which follow. |
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(Picture from the Washington Post, 5/17/72) Note that in the scenario described above, bullets would have had to enter Wallace from three directions: his right side, his front and from behind his left shoulder. How could one man, firing straight ahead, do that? |
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(Picture from Newsweek, 5/29/72) Note the odd trajectories posited by Newsweek. The bullet paths do not trace to a single firing position, and instead require the shooter to be both behind and somewhat above Wallace. There were policemen on the roof of the shopping center, looking for snipers. Did they miss one? Did they include one? And if the shoulder wound entered the chest first and then exited the shoulder, then there is the problem of the wound across the back of Wallace’s left shoulder blade. The CBS film of the shooting shows Bremer firing a gun, but does not show us how Wallace’s body was positioned following the initial shot. Wallace ultimately fell on his back. If he turned his back to the gun, allowing the bullet to graze his back left shoulder blade, how did a bullet enter his chest to exit his right shoulder? |
Two bullets were removed from Wallace. Wallace’s right arm was shot through in two places, leaving four wounds. Doctors speculated that the two bullets that caused these wounds continued on into Wallace’s chest and abdomen. The two bullets were recovered from the chest and abdomen wounds. But three wounds remained unaccounted for on Wallace at that point. The second chest wound was connected, perhaps by necessity, to the wound in the shoulder. In addition, Wallace took a grazing wound in the left shoulder blade.
One bullet was removed from Secret Service agent Nicholas Zarvos. He was shot in the right side of his throat; the bullet lodged in his left jaw. Another bullet was removed from the knee of campaign worker Dorothy Thompson. Curiously, the fact that a bullet was removed from Ms. Thompson was not made public until Bremer’s trial. Capt. Eldred C. Dothard of the Alabama State Patrol was wounded by a bullet grazing his abdomen. And one bullet was recovered from the pavement. If four bullets wounded Wallace, and two others had bullets in them, at least one of the bullets that wounded Wallace went on into one of the other victims. And if only one of them went into another victim, Dothard’s grazing bullet must have ended in Thompson’s knee or Zarvos’s throat. No single scenario seems to satisfy all wounds.
But the wounds are only the start of the curiousities in this case.
At Bremer’s trial, his court-appointed lawyer, Benjamin Lipsitz, got Robert Frazier of the FBI to admit to the following facts:
In the CBS film, Bremer is clearly shown holding a gun without gloves. How is it that he failed to leave fingerprints? And matches between guns and bullets are routinely made. How is it that the bullets were so damaged in this case, and not damaged beyond identifiability in so many others? As for Frazier’s comment that the bullets were too damaged to be able to make comparisons, note that the day after the shooting, the Washington Post had reported that Zavros’ doctor stated that the bullet from Zavros’ jaw “was removed intact.”
In addition, Frazier admitted that Bremer had been given paraffin casts, but tested negative for nitrates (found in gunpowder, among other substances), as had Lee Harvey Oswald in similar tests nine years earlier. However, a doctor who treated Bremer for his own wounds shortly after the shooting claimed he had washed Bremer’s hands with surgical soap, which would have removed all traces of gunpowder residue. It seems odd, however, that the authorities holding Bremer would allow evidence to be washed away.
The gun itself was not wrested from Bremer’s hand, but was found on the pavement by Secret Service agent Robert A. Innamorati. He picked it up from the pavement, and then “kept it secure until 9:00pm that evening,”3 at which point he turned it over to the FBI.
The gun was traced to Bremer because his car license was recorded in the files. But the owner of the shop did not remember Bremer. That may seem normal in most cases, but by nearly all other recorded accounts, Bremer was hard to miss. People described him as having a sickly, incessant smile, and a pasty white color that made him stick out from the crowd.
There were other guns at the plaza that day. The Washington Post reported that “At least two Prince George’s policemen were stationed on the shopping center rooftop, surveying for potential snipers, when Governor Wallace’s caravan arrived….”4 Many other policemen and Secret Service agents were in the crowd near Wallace during his appearance there.
Because of the numerous discrepancies and lack of hard physical evidence linking Bremer to the actual bullets that wounded the victims, at the opening of his trial, Bremer’s lawyer said, “I’m not trying to kid you. I don’t know whether he [Bremer] shot Wallace or not. I think some doctors will tell you even Arthur Bremer doesn’t know if shot Wallace.” Lipsitz suggested instead that the bullets may have been fired by any of the dozens of policemen at the scene.
During the trial, Bremer was placed in the audience portion of the courtroom. Several witnesses could not identify him in the crowd as having been the gunman they claimed to have seen or tackled.
The Maryland police originally issued a bulletin regarding a second suspect in the shooting. An all-points bulletin described the man as a white male, six feet three inches, 220 pounds, with silver gray hair, driving a 1971 light blue Cadillac.5 The bulletin was retracted soon after, however, and the police disavowed later that the bulletin had anything to do with the assassination attempt. Carl Bernstein, who along with Bob Woodward, wrote several of the pieces relating to the Wallace shooting, authored an article claiming to refute this and other rumors surrounding the case. According to Bernstein, a man had been seen changing his auto license tags from Georgia to Maryland plates. The car, a light blue Cadillac, was later found abandoned. The police reported that the incident was unconnected with the shooting.
There had been an earlier incident that bears noting. According to Dothard, two men with guns appeared at a Wallace rally nine days before the attempted assassination. One man apprehended was, without explanation, released. The other man escaped. Curiously, there is no record of the man’s arrest, or of anything about his companion.6
As mentioned earlier, CBS cameraman Laurens Pierce made a now famous film of the attempt on Wallace’s life. What’s odd is that this was the third time Pierce had caught Bremer on tape. Pierce had seen Bremer twice before shooting day—once at an earlier rally in Wheaton, Maryland, and once sometime before that. According to the New York Times (5/17/72),
Mr. Pierce, who has been traveling with the Governor since April 30, said in an interview that he was convinced he had seen the suspect before he encountered him Monday in Wheaton, because “the previous time I saw him he was fanatic almost in appearance, so I did a close-up shot.”
Pierce dould not remember where this earlier occurance took place. At Wheaton, however, Pierce related that he went up to Bremer and told him he had filmed him at a previous ralley. Pierce claimed, “he shied away from me, as if to say, ‘No, no!’”7
Catching a would-be assassin on film before the shooting happened most recently in the Rabin assassination case. The alleged assassin was filmed for several minutes by himself, before the assassination took place.
What is especially odd is that, while Pierce picked Bremer out of the crowd, filmed him and talked to him, the Secret Service did not, despite his having crossed places with them before. During a Nixon appearance in Canada, Bremer stayed at a hotel that housed about three dozen Secret Service agents. In his diary, Bremer talks about watching them with his binoculars, and being caught by one of them on camera. In addition, according to William Gullett, the chief executive of Prince George’s County, Maryland, Bremer had been arrested previously in Milwaukee and charged with carrying a concealed weapon. The charge was later reduced to disorderly conduct. Milwaukee police, however, were unable to find any record of his arrest. In Kalamazoo, Michigan, at a previous Wallace appearance, a parking lot attendant had called the police because he saw Bremer sitting in a car, outside the place Wallace was later to appear, for the better part of the day. The police questioned Bremer, but when Bremer told them he simply wanted to get a good seat, they believed him and left him alone. Bremer had also walked away from his life a few months earlier, disappearing from two jobs without any word. Wallace campaign workers noticed Wallace and mentioned that he seemed strange. Lastly, Bremer’s family was listed as a problem family with social service agencies in Wisconsin. Despite all of the above, the Secret Service data bank had no record of Wallace.
Bremer spent at least two months traveling between Milwaukee, Canada, New York and Maryland before the Laurel incident. Yet Bremer never had any significant source of income. His last two jobs before he disappeared from Milwaukee mid-February of 1972 were as a busboy and a janitor. As the New York Times put it,
How did the former bus boy and janitor, who earned $3,016 last year, according to a Federal income tax form found in his apartment, support himself and manage to buy guns, tape recorder, portable radio with police band, binoculars and other equipment he was carrying, as well as finance his travels?8
Curiously, the New York Times appeared to have inflated the income figure. Both the Washington Post and Time magazine had previously reported that the Federal income tax form found in Bremer’s apartment showed a much lower figure: $1,611. The lower figure is likely the accurate one, given that Bremer made only $9.45 a day. And even then, he would have had to put in for overtime to reach that figure. Bremer could not have had that full sum available, as he had to pay rent and eat during that year. Assuming he spent money on little else, there is still an enormous problem here. Bremer was able to purchase a car for $795 in cash, fly to and from New York City, stay at the exclusive Waldorf Astoria hotel, drive to and from Ottawa, Canada, where he stayed at another exclusive hotel, the Lord Elgin (where the Secret Service were staying during Nixon’s visit), buy three guns, all of which cost upwards of $80, take a helicopter ride in NYC, obtain a ride in a chauffered limousine, tip a girl at a massage parlor $30, and so forth. As with the cases of Lee Harvey Oswald and James Earl Ray, this “loner” clearly had financial support from an outside source.
One person may have provided a key to this part of the puzzle. Earl S. Nunnery, trainmaster for the Chesapeak & Ohio Railway’s rail-auto ferry service through the Great Lakes region, told the Associated Press and confirmed to the New York Times that Bremer had taken his automobile from Milwaukee to Ludington, Michigan in April and again in May. But more importantly, Nunnery recalled the Bremer was not alone. He described Bremer’s companion as a well-dressed man, about 6′ 2″ tall, weighing 225 pounds, with curled hair that appeared heavily sprayed, that hung down over his ears. The companion appeared to have a New York accent. Nunnery said the man talked excitedly about moving some political campaign from Wisconsin to Michigan. Nunnery was so curious about which political candidate these two were discussing that he ventured a look at the car, hoping a bumper sticker might provide an answer. In the car of Bremer’s companion, he saw a third person with long hair, who could have been male or female.9 Interestingly, at the Wallace rally in Kalamazoo, Bremer had been seen talking to a slim, attractive woman accompanied by some “hippie types” who were distributing anti-Wallace literature.10
Despite this evidence, the FBI, police and media were busily painting Bremer as a loner, without accomplices.
Curiously, Bremer was not simply following Wallace. His Ottawa trip coincided with Nixon’s appearance there, and his diary is full of references to his wanting to kill Nixon. His stay at the Waldorf-Astoria in NYC corresponded to a night candidate Hubert Humphrey had planned to stay there. But Humphrey cancelled, and Wallace went back to Milwaukee, only to leave the next day on the auto-rail ferry for Michigan.
In a move reminiscent of the treatment of witnesses to the Kennedy assassination, the FBI busily instructed witnesses not to talk to the press.11 The FBI took possession of hotel records and instructed Waldorf-Astoria hotel employees not to divulge how much Bremer paid to stay there.12 They told Representative Henry Reuss and his aides not to divulge Bremer’s responses to a questionnaire he had responded to and returned to them.13
The belated desire for secrecy does not jibe with other actions taken by the Bureau. For example, right after the shooting, FBI people entered Bremer’s apartment in Milwaukee. But then, the FBI left for an hour and a half. Upon their return, they sealed off the apartment to all visitors. But why was the apartment left open for press and other visitors in the interim? Anyone could have walked off with, or more interestingly, planted incriminating evidence there. In fact, Gore Vidal, in the New York Review of Books, wrote a long essay in which he postulated that Watergate figure, expert forger and longtime Kennedy assassination suspect Everett Howard Hunt had penned Bremer’s infamous diary. He cited literary allusions and devices combined with misspellings that looked so phony as to have been made deliberately as reasons to disbelieve that Bremer was the original author. Hunt had claimed that Charles Colson had asked him to fly to Milwaukee after the assassination attempt to see what Bremer’s political leanings were.14 Colson maintained, however, that no such conversation took place, and claimed he had instead asked the FBI to look closely into the matter and to keep him posted on what they found. Colson argued that it would make no sense for him to ask the FBI to investigate, and then to send Hunt into the waiting arms of the FBI at Bremer’s apartment. Given Hunt’s proclivity to tell untruths, and given the plausibility of Colson’s position, it seems likely Hunt’s story emerged to cover his own interest in the case. In his autobiography, Hunt claims he went so far as to call airlines in an attempt to book a flight to Milwaukee that night. Hunt wrote,
Reluctantly, I began to pack a bag, adding to it the shaving kit that held my CIA-issue physical disguise and documents….I called several airlines and found that the only available flight would put me in Milwaukee about 11 o’clock that night.15
In the end, however, Hunt claims he decided not to go when he realized the place would be crawling with FBI by the time he got there. Was Hunt afraid that a flight he had booked, and perhaps taken, would be discovered, hence the cover story? In the end, we do not know whether Hunt flew there or not, and whether or not Colson or Hunt suggested the trip in the first place. But there is a curious footnote to this. Bob Woodward of the Washington Post received an anonymous tip that one of the Watergate suspects had gone to meet with Bremer in Milwaukee.16 While no evidence emerged to support that tip, it remains an intriguing item. Even Howard Simons, the Post’s managing editor, made the following comment to Woodward, Bernstein and other editors he had summoned. “There’s one thing we’ve got to think about,” he said, regarding the Wallace shooting. “The ultimate dirty trick.”17
The suggestion of something more sinister in the shooting of Governor Wallace needs to be placed against the backdrop of all that was happening in 1972. Donald Segretti pulled off many dirty tricks on the Democrats during this year. For example, at a Muskie fundraiser, liquor, flowers, pizza and entertainers suddenly appeared, unrequested, cash on delivery. A reprint of an article dealing unfavorably with Edward Kennedy’s role in the Chappaquidick incident was distributed to members of Congress on facsimiles of Muskie’s stationery. Interestingly, the FBI found numerous phone calls from E. Howard Hunt to Segretti, implying that Hunt was perhaps directing Segretti’s efforts.
1972 was truly a low point in American democracy. This was the year of the “Canuck Letter,” a letter supposedly written by an aide to presidential hopeful Edmund Muskie, in which the aide claimed Muskie condoned the use of the perjorative term “Canuck” regarding the many French-Americans living in New Hampshire. This letter was published by right-winger William Loeb before the New Hampshire primary. The following day, the same publication displayed a scathing personal attack on Muskie’s wife. On the next day, when Muskie abandoned his prepared speech and uncharacteristically took off after Loeb for these pieces, Muskie inexplicably lost his famous composure and broke down into tears. According to Bob Woodward, his famous source “Deep Throat” told him the Canuck Letter came right out of the White House. According to another source, Ken Clawson, the man who originally provided Bremer’s identity to the Post’s editors when no one was talking, admitted to having written the Canuck letter. Clawson was then employed by the White House. But even more intriguing is what Miles Copeland, longtime CIA heavyweight, had to say about Muskie’s subsequent breakdown and Hunt’s possible role therein:
On one occasion, Jojo’s [a pseudonym for a high-level CIA officer] office was asked for an LSD-type drug that could be slipped into the lemonade of Democratic orators, thus causing them to say sillier things than they would say anyhow. To this day, some of my friends at the Agency are convinced that Howard Hunt or Gordon Liddy or somebody got hold of a variety of that drug and slipped it into Senator Muskie’s lemonade before he played that famous weeping scene.18
Dirty tricks were used against George McGovern’s campaign as well. In All the President’s Men, Woodward claimed his source Deep Throat told him the following:
[Hunt’s] operation was not only to check leaks to the papers but often to manufacture items for the press. It was a Colson-Hunt operation. Recipients include all you guys—Jack Andersen, Evans & Novak, the Post, the New York Times, the Chicago Tribune. The business of [McGovern’s choice for Vice President, Senator Thomas] Eagleton’s drunk-driving record or his health records, I understand, involves the White House and Hunt somehow. 19
On a more sinister note, Lou Russell was on James McCord’s payroll while employed to provide security for McGovern’s campaign headquarters. McCord paid Russell through Bud Fensterwald’s Committee to Investigate Assassinations (CIA).20 Another plant inside the McGovern campaign, Tom Gregory, was being run by Howard Hunt.21
1972 is most famous, however, for the Watergate break-in, which ultimately led to Nixon’s self-removal from office. The CIA played a heavy and interesting role in both the break-in and the subsequent revelations that led to Nixon’s removal. As Probe has written about in past issues, it appears the CIA operatives deliberately got themselves caught in the Watergate hotel so as not to blow other operations. Then, when Helms was removed, removing Nixon was seen as payback. Those who most contributed to exposing Nixon’s activities, such as Alexander Butterfield, James McCord, and Howard Hunt, all had relationships with the CIA. If the cumulative weight of the evidence is to be believed, it appears that the CIA ran the country’s election process in 1972, deciding which candidates would survive or fail, and participating in acts of sabotage.
Is it too far fetched to suggest they may have had an interest in controlling the political fortunes of others that year, even by such drastic means as assassination? From what we know of their presence in the assassinations of John Kennedy, Robert Kennedy and Martin Luther King, such as suggestion can hardly be called far-fetched. Therefore, we must ask that most ugly of questions: is there evidence of CIA involvement in the Wallace shooting?
According to newspaperwoman Sybil Leek and lawyer-turned-investigative-reporter Bert Sugar, the answer is yes.
According to Leek and Sugar, while Bremer was at the Lord Elgin hotel in Ottawa, he met with a Dennis Cossini. Famed conspiracy researcher Mae Brussell and Alan Stang identified Cossini as a CIA operative. Cossini was found dead from a massive heroin overdose in July, 1972, just two months after the Wallace shooting. Cossini had no history of drug use.
Cossini’s address book contained the phone number of a John J. McCleary. McCleary lived in Sacramento, California, and was employed by V & T International, an import-export firm. McCleary drowned in the Pacific ocean in the fall of 1972. His father, amazingly, drowned around the same time in Reno, Nevada.22
If the CIA was somehow involved, that could explain both E. Howard Hunt’s immediate interest in the case, as well as the role of CBS in filming Bremer in the act of shooting. CBS and the CIA shared a particularly close relationship. CIA involvement might go far in explaining the following connections as well.
Bremer’s brother, William Bremer, was arrested shortly after the Wallace shooting for having bilked over 2,000 Miami matrons out of over $80,000 by signing them up for non-existant weight-loss sessions. Curiously, Bremer’s lawyer was none other than Ellis Rubin, the man who had defended many anti-Castro activists and who defended the CIA men who participated in the Watergate break-in.23
Even more curious is Bremer’s half-sister Gail’s relationship with the Reverend Jerry Owen (ne Oliver Brindley Owen), who figures prominently in the RFK case. Owen’s bible-thumping show was cancelled from KCOP in Los Angeles when evidence surfaced showing he had a possibly sinister relationship with Sirhan Sirhan just prior to the assassination of Robert Kennedy. After the assassination, Owen had gone to the police with a strange tale of having picked Sirhan up as a hitchhiker. But other witnesses claimed Owen had given Sirhan cash, and had more of a relationship with Sirhan that he had admitted. Los Angeles County Supervisor Baxter Ward wrote a letter to his colleagues detailing an interesting experience he had with Owen:
In the summer of 1971 as a broadcaster, I attempted unsuccessfully to contact Owen for an interview. In the spring of 1972, while I was campaigning for political office, Jerry Owen left word at my campaign headquarters that he would like to see me the following day. The call was placed just hours after Governor Wallace had been shot. Owen did not keep the appointment the following day.
A short time after the hearing I conducted last May [1975] into the Senator Kennedy ballistics evidence, Jerry Owen called again, saying he would like to see me to disclose the full story behind the conspiracy.
He came the following day, and I obtained his permission to tape record his conversation. In my opinion, he provided no information beyond what he had stated in 1968 to the authorities and to the press. However, there was one addition: when I questioned him as to why he did not keep our appointment the day after Governor Wallace had been shot, Owen volunteered that he was personal friends with the sister of Arthur Bremmer [sic]….Owen stated that Gale Bremmer [sic – his half sister was Gail Aiken] was employed by his brother here in Los Angeles for several years and had then just left Los Angeles for Florida because she was continually harassed by the FBI.24
Links to the RFK case, which appears to be awash in CIA involvement, do not end here. In fact, Bremer had checked out two books on Sirhan from the Milwaukee Public Library in 1972 and had made comments about them in his journal. But perhaps the most interesting connection yet is the one discovered by Betsy Langman. Langman flew from her New York home to Los Angeles to talk to Dr. William Bryan, suspected hypnotist of Sirhan in the RFK assassination saga. On the pretext of doing an article on hypnosis, she encouraged the egotistical Bryan to elaborate at length on his ventures with “Boston Strangler” Albert Di Salvo, “Hollywood Strangler” Henry Bush, and about hypnosis in general. But when she brought up the subject of Sirhan, Bryan became suddenly curt and short-winded, charging out of the office declaring “This interview is over!”
A sympathetic secretary of Bryan’s joined Langman for coffee across the street, and dropped an interesting item. As Bill Turner and Jonn Christian recounted it in their book on the RFK case,
According to the secretary, Bryan had received an emergency call from Laurel, Marlyand, only minutes after George Wallace was shot. The call somehow concerned the shooting.25
Could Bremer have been hypnotized to shoot Wallace?
Bremer’s behavior both before and after the shooting was strange, to say the least. The media shared only tantalizing clues:
According to one Federal officer, who asked not to be identified, Mr. Bremer “seemed incredibly indifferent to what was going on around him, even the things that affected him. He was blasÈ, almost oblivious to what was going on. He seems like a shallow, mixed-up man, but not an ideologue.”26
Some witnesses commented, as others had about Sirhan, of Bremer’s “spine-tingling” smirk,27 or “silly grin.”28 In November of the previous year, Bremer had been questioned by the police while parked alone in a no-parking zone in Fox Point, a wealthy Milwaukee suburb. On the seat, he had several boxes of bullets. When the policeman asked why he had a gun, Bremer turned it over. According to a Newsweek account, the policeman later testified that Bremer was “completely incoherent” although the terms “drunk” or “drugged” are nowhere to be found.29 This was the incident referred to earlier, where Bremer was originally arrested for having a concealed weapon, but later released after paying the fine for the lesser charge of “disorderly conduct.”
Finally, there is the report from Leek and Sugar that Bremer had a friend named Michael Cullen who was a hypnotist and a master of behavior modification and psychological programming. In light of the evidence, the hypothesis of mental manipulations cannot be dismissed out of hand.
The question of conspiracy goes hand in hand with the old one of Cui Bono? Who benefits? 1972 was a year in which the Vietnam war was dividing the country. On the one hand, George McGovern was pulling votes from the more moderate Hubert Humphrey in large part because he was willing to speak out against the carnage there. McGovern could never have won in a direct fight with Nixon, as history proved. But with Wallace splitting the conservative vote, McGovern had a chance of becoming president. Clearly, those who supported the Vietnam engagement gained when Wallace was taken out of the running by the bullets in Laurel, Maryland.
Wallace lived to be 79. Bremer is still alive and incarcerated. He is not yet 50. According to Patricia Cushwa, chairman of the Maryland Parole Commission, “There seems to be no rhyme or reason to what he [Bremer] does.” Not surprising, considered the defense and prosecution pyschiatrists had portrayed Bremer as a schizophrenic. What was surprising was how the jury could find this man, who could not even answer whether he had shot Wallace or not, legally sane. His original crime, it seems, was being born defenseless into a family that was unable to care for him. He grew up in a dysfunctional environment. He was given neither love nor guidance growing up. Either he grew into a criminal, or was twisted into one by forces as yet unknown. What does Bremer think now, after all this time? “Everyone is mean nowadays….[We’ve] got teenagers running around with drugs and machine guns, they never heard of me….They never heard of the public figure in my case, and they could care less. I was in prison when they were born. The country kind of went to hell in the last 24 years.”30 Make that 36.
1. New York Times, 5/17/72.
2. Washington Post, 8/2/72.
3. Washington Post, 8/1/72.
4. Washington Post, 5/16/72.
5. Sybil Leek and Bert R. Sugar, The Assassination Chain (New York: Corwin Books, 1976), p. 251.
6. Washington Post, 5/20/72.
7. New York Times, 5/17/72.
8. New York Times, 5/22/72.
9. The fullest account of Nunnery’s comments appears to be the New York Times of 5/22/72.
10. New York Times, 5/22/72.
11. New York Times, 5/22/72.
12. New York Times, 5/22/72.
13. Washington Post, 5/19/72.
14. Washington Post, 6/21/73.
15. E. Howard Hunt, Undercover (New York: Berkley Publishing Corporation, 1974), p. 217.
16. Carl Bernstein and Bob Woodward, All the President’s Men (New York: Simon and Schuster, 1974), p. 326.
17. Bernstein and Woodward, p. 326.
18. Miles Copeland, The Real Spy World (London: Sphere Books Limited, 1978), p. 299.
19. Bernstein and Woodward, p. 133.
20. Jim Hougan, Secret Agenda (New York: Random House, 1984), pp. 255, 304.
21. Hougan, p. 140.
22. Sybil Leek and Bert R. Sugar, p. 254.
23. Turner and Christian, p. 267.
24. Memorandum from Baxter Ward to fellow supervisors, 7/29/75, published in the Appendix of The Assassination of Robert F. Kennedy: The Conspiracy and Coverup, by William Turner and Jonn Christian.(New York: Thunder’s Mouth Press, 1978 & 1993, originally published by Random House, 1978), p. 374.
25. Turner and Christian, p. 227.
26. New York Times, 5/17/72.
27. Newsweek, 5/29/72.
28. New York Times, 8/2/72.
29. Newsweek, 5/29/72.
30. AP Online, 9/20/98.
“In Elizabethville, I do not think there was anyone there who believed that his death was as accident.” – U.N. Representative Conor O’Brien on the death of U.N. Secretary-General Dag Hammarskjold
“A lot has not been told.” – Unnamed U.N. official, commenting on same
The CIA has long since acknowledged responsibility for plotting the murder of Patrice Lumumba, the popular and charismatic leader of the Congo. But documents have recently surfaced that indicate the CIA may well have been involved in the death of another leader as well, U.N. Secretary-General Dag Hammarskjold. Hammarskjold died in a plane crash enroute to meet Moise Tshombe, leader of the breakaway (and mineral-rich) province of Katanga. At the time of his death, there was a great deal of speculation that Hammarskjold had been assassinated to prevent the U.N. from bringing Katanga back under the rule of the central government in the Congo. Fingers were pointed at Tshombe’s mercenaries, the Belgians, and even the British. Hardly anyone at the time considered an American hand in those events. However, two completely different sets of documents point the finger of culpability at the CIA. The CIA has denied having anything to do with the murder of Hammarskjold. But we all know what the CIA’s word is worth in such matters.
In the previous issue of Probe, Jim DiEugenio explored the history of the Congo at this point in time, and the difference between Kennedy’s and Eisenhower’s policies toward it. In the summer of 1960, the Congo was granted independence from Belgium. The Belgians had not prepared the Congo to be self-sufficient, and the country quickly degenerated into chaos, providing a motive for the Belgians to leave their troops there to maintain order. While the Belgians favored Joseph Kasavubu to lead the newly independent nation, the Congolese chose instead Patrice Lumumba as their Premier. Lumumba asked the United Nations, headed then by Dag Hammarskjold, to order the Belgians to withdraw from the Congo. The U.N. so ordered, and voted to send a peacekeeping mission to the Congo. Impatient and untrusting of the U.N., Lumumba threatened to ask the Soviets for help expelling the Belgian forces. Like so many nationalist leaders of the time, Lumumba was not interested in Communism. He was, however, interested in getting aid from wherever he could, including the Soviets. He had also sought and, for a time, obtained American financial aid.
In 1959, Lumumba had visited businessmen in New York, where he stated unequivocally, “The exploitation of the mineral riches of the Congo should be primarily for the profit of our own people and other Africans.” Affected minerals included copper, gold, diamonds, and uranium. Asked whether the Americans would still have access to uranium, as they had when the Belgians ran the country, Lumumba responded, “Belgium doesn’t produce any uranium; it would be to the advantage of both our countries if the Congo and the U.S. worked out their own agreements in the future. 1 Investors in copper and uranium in the Congo at that time included the Rockefellers, the Guggenheims and C. Douglas Dillon. Dillon participated in the NSC meeting where the removal of Lumumba was discussed.
According to NSC minutes from the July 21, 1960 meeting, Allen Dulles, head of the CIA and former lawyer to the Rockefellers, sounded the alarm regarding Lumumba:
Mr. Dulles said that in Lumumba we were faced with a person who was Castro or worse … Mr. Dulles went on to describe Mr. Lumumba’s background which he described as “harrowing” … It is safe to go on the assumption that Lumumba has been bought by the Communists; this also, however, fits with his own orientation.2
Lawrence Devlin, referenced in the Church Committee report under the pseudonym “Victor Hedgman,” was the CIA Station Chief in Leopoldville (now Kinshasa). On August 18th, Devlin cabled Dulles at CIA headquarters the following message:
EMBASSY AND STATION BELIEVE CONGO EXPERIENCING CLASSIC COMMUNIST EFFORT TAKEOVER GOVERNMENT…. WHETHER OR NOT LUMUMBA ACTUALLY COMMIE OR JUST PLAYING COMMIE GAME TO ASSIST HIS SOLIDIFYING POWER, ANTI-WEST FORCES RAPIDLY INCREASING POWER CONGO AND THERE MAY BE LITTLE TIME LEFT IN WHICH TAKE ACTION TO AVOID ANOTHER CUBA.3
The day this cable was sent, the NSC held another meeting at which Lumumba was discussed. Robert Johnson, a member of the NSC staff, testified to the Church Committee that sometime during the summer of 1960, at an NSC meeting, he heard President Eisenhower make a comment that sounded to him like a direct order to assassinate Lumumba:
At some time during that discussion, President Eisenhower said something – I can no longer remember his words – that came across to me as an order for the assassination of Lumumba…. I remember my sense of that moment quite clearly because the President’s statement came as a great shock to me.4
The Church Committee report on the Alleged Assassination Plots Involving Foreign Leaders recorded that Johnson “presumed” Eisenhower made the statement while “looking toward the Director of Central Intelligence.”5 With or without direct authorization, on August 26, 1960, Allen Dulles took the bull by the horns. He cabled Devlin in the Congo station the following message:
IN HIGH QUARTERS HERE IT IS THE CLEAR-CUT CONCLUSION THAT IF [LUMUMBA] CONTINUES TO HOLD HIGH OFFICE, THE INEVITABLE RESULT WILL AT BEST BE CHAOS AND AT WORST PAVE THE WAY TO COMMUNIST TAKEOVER OF THE CONGO WITH DISASTROUS CONSEQUENCES FOR THE PRESTIGE OF THE U.N. AND FOR THE INTERESTS OF THE FREE WORLD GENERALLY. CONSEQUENTLY WE CONCLUDE THAT HIS REMOVAL MUST BE AN URGENT AND PRIME OBJECTIVE AND THAT UNDER EXISTING CONDITIONS THIS SHOULD BE A HIGH PRIORITY OF OUR COVERT ACTION.6
Assassination requests would normally have gone to Richard Bissell. Because Bissell was away on vacation, Dulles told Eisenhower he would take care of Lumumba. According to Dulles family biographer Leonard Mosley, Dulles put Richard Helms in charge of preparing the assassination plot. A few days later, Helms produced a “blueprint” for the “elimination” of Lumumba.7 Although the Church Committee report includes no references to Helms’ involvement, this is certainly plausible. One of the first people involved in the plot to kill Lumumba was Dr. Sidney Gottlieb, who enjoyed Richard Helms’ patronage within the agency. As Helms moved up in the Agency, so too did Gottlieb.8 Gottlieb is identified as “Joseph Scheider” in the Church Committee report. Gottlieb was the grandfather of the CIA’s mind control programs, as well as the producer of exotic and deadly biotoxins for the CIA’s “Executive Action” programs.
After returning from vacation, Bissell approached Bronson Tweedy, head of the CIA’s Africa Division, about exploring the feasibility of assassinating Lumumba. Gottlieb also conversed with Bissell, and claimed Bissell had indicated they had approval from “the highest authority” to proceed with assassinating Lumumba.
By September 5, the situation in the Congo had deteriorated badly. Kasavubu made a radio address to the nation in which he dismissed Lumumba and six Ministers. Thirty minutes later, Lumumba gave a radio address in which he announced that Kasavubu was no longer the Chief of State. Lumumba called upon the people to rise up against the army. Just over a week later, Joseph Mobutu claimed he was going to neutralize all parties vying for control and would bring in “technicians” to run the country.9 According to Andrew Tully, Mobutu was “discovered” by the CIA, and was used by CIA to take charge of the country when the favored Kasavubu lost authority. The CIA’s relationship with Mobutu is pertinent to the ultimate question of the CIA’s final culpability in the assassination of Lumumba. Tully refers to Mobutu as “the CIA’s man” in the Congo.10 When Mobutu claimed power, he called on the Soviet-bloc embassies to vacate the country within 48 hours.11 John Prados wrote that Mobutu was “cultivated for weeks by American diplomats and CIA officers, including Station Chief Devlin.”12
Gottlieb was sent to the Congo to meet Devlin. The CIA cabled Devlin that Gottlieb, under the alias of “Joseph Braun,” would arrive on approximately September 27. Gottlieb was to announce himself as “Joe from Paris.” The cable bore a special designation of PROP. Tweedy told the Church Committee that the PROP designator was established specifically to refer to the assassination operation. According to Tweedy, its presence restricted circulation to Dulles, Bissell, Tweedy, Tweedy’s deputy, and Devlin. Tweedy sent a cable through the PROP channel saying that if plans to assassinate Lumumba were given a green light, the CIA should employ a third country national to conceal the American role.13 Clearly, from the start, deniability was the highest concern in the assassination plotting.
The toxin was supposed to be administered to Lumumba orally through food or toothpaste. This effort was clearly unsuccessful, if it had ever been fully attempted. Gottlieb’s and Devlin’s testimony conflicted regarding the disposal of the toxins. Both said they disposed of all the toxins in the Congo River. But if one of them did this, the other is lying, and both could be lying to protect the continued presence of toxic substances, as indicated by a cable from Leopoldville to Tweedy, dated 10/7/60:
[GOTTLIEB] LEFT CERTAIN ITEMS OF CONTINUING USEFULNESS. [DEVLIN] PLANS CONTINUE TRY IMPLEMENT OP.14
In October 1960, Devlin cabled Tweedy a cryptic request for him to send a rifle with a silencer via diplomatic pouch, a violation of international law:
IF CASE OFFICER SENT, RECOMMEND HQS POUCH SOONEST HIGH POWERED FOREIGN MAKE RIFLE WITH TELESCOPIC SCOPE AND SILENCER. HUNTING GOOD HERE WHEN LIGHTS RIGHT. HOWEVER AS HUNTING RIFLES NOW FORBIDDEN, WOULD KEEP RIFLE IN OFFICE PENDING OPENING OF HUNTING SEASON.15
There is no evidence to suggest a silenced rifle was or was not pouched at this point. The CIA did, however, send rifles to be used to assassinate Rafael Trujillo by diplomatic pouch to the Dominican Republic.
A senior CIA officer from the Directorate of Plans was dispatched to the Congo to aid in the assassination attempt. Justin O’Donnell, referred to in the Church Committee records as “Father Michael Mulroney,” refused to be involved directly in a murder attempt against Lumumba, saying succinctly, “murder corrupts.”16 But he was not opposed to aiding others in the removal of Lumumba. He told the Church Committee:
I said I would go down and I would have no compunction about operating to draw Lumumba out [of U.N. custody], to run an operation to neutralize his operations….17
O’Donnell planned to lure Lumumba away from U.N. protection and then turn Lumumba over to his enemies, who would surely kill him. “I am not opposed to capital punishment,” O’Donnell explained to the Church Committee. He just wasn’t going to pull the trigger himself.
O’Donnell requested that CIA asset QJ/WIN be sent to the Congo for his use. O’Donnell claimed he wanted QJ/WIN to participate in counterespionage. (The CIA’s IG report, however, indicated that QJ/WIN had been recruited to assassinate Lumumba.18) O’Donnell’s plan, which appears to have been successful, was for QJ/WIN to penetrate the defenses around Lumumba and encourage Lumumba to “escape” his U.N. guard. Once in the open, Mobutu’s forces could then arrest Lumumba and kill him. In the end, this is exactly what appears to have happened. Although O’Donnell denied that QJ/WIN had anything to do with Lumumba’s escape, arrest and murder, a cable to CIA’s finance division from William Harvey implies otherwise:
QJ/WIN was sent on this trip for a specific, highly sensitive operational purpose which has been completed.19
Another CIA operative, code-named WI/ROGUE, was dispatched to aid in the Congo operation. The CIA provided WI/ROGUE plastic surgery and a toupee “so that Europeans traveling in the Congo would not recognize him.” WI/ROGUE was described as a man who would “dutifully undertake appropriate action for its execution without pangs of conscience. In a word, he can rationalize all actions.”20
WI/ROGUE was apparently assigned to Devlin. a report prepared for the CIA’s Inspector General described the preparation to be undertaken for his use:
In connection with this assignment, WI/ROGUE was to be trained in demolitions, small arms, and medical immunization.21
While in the Congo, WI/ROGUE undertook to organize an “Execution Squad.” One of the people he attempted to recruit was QJ/WIN. QJ/WIN did not know whether WI/ROGUE was CIA or not, and refused to join him. Both O’Donnell and Devlin claimed WI/ROGUE had no authority to convene an assassination team. But that assertion seems hard to believe, given that a capable assassin was assigned to a group plotting the permanent removal of Lumumba. And given that WI/ROGUE was to be trained in “medical immunization” it seems possible WI/ROGUE was to administer the poisons brought to the Congo by Gottlieb.
The CIA, while accepting responsibility for plotting to kill Lumumba, disavows responsibility for his eventual murder. The Church Committee bought this line from the CIA and concluded the same in their report. Yet within the report and elsewhere on the record are events that belie that conclusion. For example, a cable from Devlin to Tweedy implies possible CIA foreknowledge of Lumumba’s escape which led to his death:
POLITICAL FOLLOWERS IN STANLEYVILLE DESIRE THAT HE BREAK OUT OF HIS CONFINEMENET AND PROCEED TO THAT CITY BY CAR TO ENGAGE IN POLITICAL ACTIVITY…. DECISION ON BREAKOUT WILL PROBABLY BE MADE SHORTLY. STATION EXPECTS TO BE ADVISED BY [unidentified agent] OF DECISION MADE…. STATION HAS SEVERAL POSSIBLE ASSETS TO USE IN EVENT OF BREAKOUT AND STUDYING SEVERAL PLANS OF ACTION.22
The Church Committee believed that one CIA cable seemed to indicate the CIA’s lack of foreknowledge of Lumumba’s eventual escape. But in another instance they cited this troubling passage, which indicates likely CIA involvement in his capture:
[STATION] WORKING WITH [CONGOLESE GOVERNMENT] TO GET ROADS BLOCKED AND TROOPS ALERTED [BLOCK] POSSIBLE ESCAPE ROUTE.23
According to contemporaneous cable traffic, the CIA was kept informed of Lumumba’s condition and movements during the period following his escape. Some authors believe that the CIA was directly involved in his capture. Andrew Tully acknowledges that “There were reports at the time that CIA had helped track him down,” but adds, “there is nothing on the record to confirm this.” However, nearly all authors agree that Lumumba was captured by Mobutu’s troops, and Mobutu was clearly, as Tully called him, “the CIA’s man” in the Congo.
By January of 1961, Devlin was sending urgent cables to CIA Director Allen Dulles stating that a “refusal [to] take drastic steps at this time will lead to defeat of [United States] policy in Congo.”24 That particular cable was dated January 13, 1961. The very next day, Devlin was told by a Congolese leader that the captive Lumumba was to be transferred to a prison in Bakwanga, the “home territory” of his “sworn enemy.” Three days later, Lumumba and two of his closest supporters were put on an airplane for Bakwanga. In flight, the plane was redirected to Katanga “when it was learned that United Nations troops were at the Bakwanga airport.” Katanga claimed, on February 13, 1961, that Lumumba had escaped the previous day and died at the hands of hostile villagers. However, the U.N. conducted its own investigation, and concluded that Lumumba had been killed January 17, almost immediately upon arrival in Katanga. Other accounts vary. Some accounts indicated that on the plane, Lumumba and his supporters were so badly beaten that the Belgian flight crew became nauseated and locked themselves in the flight deck. Another account indicated that Lumumba was beaten “in full view of U.N. officials” and then driven to a secluded house and killed. But a contradictory version indicated that U.N. officers were not allowed in the area where the plane carrying Lumumba landed, and that the U.N. officials only had a glimpse at a distance of the prisoners when they disembarked. By all accounts, however, this was the last time any of the prisoners were seen in public alive.
In a bizarre footnote to this story, former CIA man John Stockwell wrote of a CIA associate of his who told him one night of his adventure in Elizabethville (now Lubumbashi), “driving about town after curfew with Patrice Lumumba’s body in the trunk of his car, trying to decide what to do with it.” Stockwell added that his associate “presented this story in a benign light, as though he had been trying to help.”25 And in a similarly incriminating statement, CIA officer Paul Sakwa remembered that Devlin subsequently “took credit” for Lumumba’s assassination.26 In an open letter to CIA Director Admiral Stansfield Turner, Stockwell wrote:
Eventually he [Lumumba] was killed, not by our poisons, but beaten to death, apparently by men who had agency cryptonyms and received agency salaries.27
From the CIA’s own evidence, the CIA sought to entice Lumumba to escape protection. They then monitored his travel, assisted in creating road blocks, and when he was captured, encouraged his captors to turn him over to his enemies. The CIA had a strong relationship with Mobutu when Mobutu had the power to decide Lumumba’s fate. And then there are the admissions reported by Stockwell and Sakwa. How can anyone, in the light of such evidence, claim the CIA was not directly responsible for Lumumba’s murder?
The CIA could not have been satisfied solely with the death of Lumumba. One of the barriers to completing the takeover of the Congo remained the United Nations, and more specifically, U.N. Secretary-General Dag Hammarskjold.
Dag Hammarskjold’s heritage stemmed from that of a Swedish knight. Subsequent generations had served as soldiers and statesmen. It seemed only fitting that with such a heritage, Hammarskjold would be drawn to a life of governmental service. He grew up in the Swedish capital among a group of progressive economists, intellectuals, and artists. He sought out companions and mentors from these fields. But Hammarskjold was on a strong spiritual quest as well, seeking his own divine purpose and contemplating the sacrifices of others for the common good. He was an intensely private man who never married. Because of this, many assumed he must have been a homosexual. Hammarskjold always denied this, and once wrote a Haiku addressing his frustration at having to deal with this constant accusation:
Because it did not find a mate
they called
the unicorn perverted.28
Speaking four languages and having a reputation as an agile negotiator, Hammarskjold was a natural choice for the United Nations. Always gravitating toward roles of leadership, he came ultimately to serve in the highest position of that body during one of the most difficult periods in its existence.
When he took office, the United States was embroiled in virulent McCarthyism. His predecessor at the U.N. had bent over backwards to please American sponsors by expelling suspected communists from the ranks of the U.N. When Hammarskjold took his place, his first acts focused on rebuilding badly damaged morale among the U.N. workers. Once in office, he traveled the world seeking peace and reconciliation among warring factions. He felt that dispatching U.N. troops on peacekeeping missions was a necessary, if poor substitute for failed political negotiations. In 1958, Hammarskjold was unanimously reelected to a second five-year term as Secretary-General.
By far, Hammarskjold’s biggest challenge was the Congo. Hammarskjold understood the complexity of the political situation there and resisted moves that would put the people in that country at risk of exploitation. When Katanga seceded, the Soviets were furious that Hammarskjold didn’t send troops in to prevent the secession, and claimed Hammarskjold was siding with colonialists. Lumumba too lashed out at Hammarskjold for not responding in force. Hammarskjold’s hands were tied, however, by the American, British, French and Belgium factions which wanted to see Katanga secede in order to maintain access to the great mineral wealth there. But Hammarskjold did not give in completely to these non-native interests, and sent U.N. troops between the warring Congo and Katanga forces to see that one side did not annihilate the other. Hammarskjold had originally been impressed with Lumumba, but his opinion of him declined as Lumumba increasingly acted in an irresponsible manner. The country virtually fell apart in September when first Kasavubu (another Congo leader in the CIA’s pocket29), then Lumumba, and ultimately Mobutu claimed to be the country’s leader. One of the few world leaders openly supporting Hammarskjold’s policy in the Congo was President John Kennedy.
Hammarskjold died in a plane crash sometime during the early morning hours of September 8, 1961. He was flying aboard the Albertina to the Ndola airport at the border of the Congo in Northern Rhodesia, where he was to meet with Tshombe to broker a cease-fire agreement. The pilot of the Albertina filed a fake flight plan in an attempt to keep Hammarskjold’s ultimate destination hidden. Despite this and other measures taken to preserve secrecy, less than 15 minutes into the flight the press was reporting that Hammarskjold was enroute to Ndola.
At 10:10, the pilot radioed the airport that he could see their lights, and was given permission to descend from 16,000 to 6,000 feet. Then the plane disappeared. It was found the next day, crashed and burnt at a site about ten miles from the airport. The unexplained downing of the plane gave rise immediately to rumors of attack and sabotage.
Two of Hammarskjold’s close associates, Conor O’Brien and Stuart Linner, had been targets of assassination attempts. Several attempts had been made in Elizabethville on O’Brien. And gunmen tried to lure Linner to Leopoldville, then under Kataganese control. One gunman even made his way into Linner’s office before being apprehended. Forces both inside and outside the Congo made clear that they did not approve of the U.N.’s handling of affairs there. U.N. forces were continually attacked. And Hammarskjold himself had received various threats. Because of this obvious animosity, it was no stretch for people to believe Hammarskjold’s death was no accident.
The origin of the plan to meet at Ndola was itself under dispute. O’Brien asserted in print on three different occasions that the location had been chosen by Lord Lansdowne. As one author noted,
He was doing more than accuse Lansdowne of not telling the truth. He was implying the Britisher was partly responsible for a journey that ended in disaster.30
The British government has always insisted the choice of Ndola was Hammarskjold’s. But the British were clearly working against Hammarskjold by siding with Katanga. The British colony of Northern Rhodesia also sent food and medical supplies to Katanga. Rhodesia’s Roy Welensky served as a media conduit for Tshombe. Clearly, the British had a motive to get rid of Hammarskjold, who stood in the way of Katanga’s independence, and therefore their denial regarding the choice of Ndola should be weighted accordingly. In fact, leaders from around the world accused Britain of being directly responsible. The Indian Express, India’s largest daily, wrote, “Never even during Suez have Britain’s hands been so bloodstained as they are now.” Johshua Nkomo, President of the African National Democratic Party in Southern Rhodesia, said “The fact that this incident occured in a British colonial territory in circumstances which look very queer is a serious indictment of the British Government.” The Ghanian Times ran an editorial headed “Britain: The Murderer.” Note that this prophetic piece was written in 1961:
The history of the decade of the sixties is becoming the history of political and international murders. And one of the principal culprits in this sordid turn in human history is that self-same protagonist of piety – Britain.
Britain was involved, by virtue of her NATO commitments, in the callous murder of the heroic Congolese Premier, Patrice Lumumba.
But Britain stands alone in facing responsibility for history’s No. 1 international murder – the murder of United Nations Secretary-General Dag Hammarskjold.31
Due to public interest and obvious questions, both the British-contolled Northen Rhodesian government and the U.N. convened commissions to investigate the incident. Two of the earliest claims regarding the crash were given focus by both commissions: reports of a second plane, and reports of a flash in the sky near the airport. Seven different witnesses told the Rhodesian commission of a second plane in the vicinity of the Ndola airport. In Warren Commission-like fashion, the Rhodesian authorities waved away these sightings under various excuses. The only plane officially recorded to be in the vicinity was Hammarskjold’s, therefore the witnesses had to be wrong. But the airport was not using radar that night, and another plane could easily have been in the area. One witness chose not to talk to the Rhodesian authorities and went directly to the U.N.. He too had seen a second plane, following behind and slightly above a larger plane. After the plane crashed and exploded, he saw two Land Rover type vehicles rush at “breakneck speed” toward the site of the crash. A short time later, they returned. Asked why he hadn’t shared his account with the Rhodesians, the witness replied simply, “I do not trust them.” The U.N. report theorized that perhaps people had seen the plane’s anti-collision beam and thought it represented a second plane. However, some of the witnesses claimed the second plane flew away from the first after the crash, negating that theory. 32 Earwitness evidence was also suggestive. Mrs. Olive Andersen heard three quick explosions at the time when the plane would have passed overhead. W. J. Chappell thought he heard the sound of a low-flying plane followed by the noise of a jet, followed later by three loud crashes and shots as if a canon was firing.33
Assistant Inspector Nigel Vaughan was driving on patrol that night about ten miles from the site of the crash. He told investigators that he saw a sudden light in the sky and then what seemed to be a falling object. But he placed the sighting an hour after the plane disappeared, and so his testimony is ignored. However, other witnesses also claimed to see a flash in the sky that night, including two police officers, one of which thought the sighting important enough to report to the airport.
Adding to suspicion of a broader plot was the fact that, despite the Albertina’s having announced its arrival at the airport, no alarm was raised when the plane did not land. In fact, Lord Alport sent the airport people home, claiming the Albertina’s occupants must have simply changed their mind and decided not to land there. No search and rescue operation was launched until well into the following morning.Later examinations of the bodies showed that Hammarskjold may well have survived the initial crash, although he had near-fatal if not fatal injuries. There was a small chance that had he been found in time, his life may have been saved.
Royal Rhodesian Air Force Squadron Leader Mussell told the U.N. commission that there were “underhand things going on” at that time in Ndola, “with strange aircraft coming in, planes without flight plans and so on.” He also reported that “American Dakotas were sitting on the airfield with their engines running,” which he imagined were likely “transmitting messages.”
Beyond the strange circumstances surrounding the downing of the plane, the plane itself contained interesting, if controversial evidence. 201 live rounds, 342 bullets and 362 cartridge cases were recovered from both the crash site and the dead bodies. Bullets were found in the bodies of six people, two of whom were Swedish guards. The British Rhodesian authorities concluded that the ammunition had simply exploded in the intense heat of the fire, and just happened to shoot right into the humans present. But this contention was refuted by Major C. F. Westell, a ballistics authority, who said,
I can certainly describe as sheer nonsense the statement that cartridges of machine guns or pistols detonated in a fire can penetrate a human body.34
He based his statement on a large scale experiment that had been done to determine if military fire brigades would be in danger working near munitions depots. Other Swedish experts conducted and filmed tests showing that bullets heated to the point of explosion nonetheless did not achieve sufficient velocity to penentrate their box container.35
If someone aboard the plane fired the bullets found in these bodies, who would it have been? P. G. Lindstrom, in Copenhagen’s journal Ekstra Bladet, wrote that one of Tshombe’s agents in Europe told him that an extra passenger had been aboard who was to hijack the plane to Katanga. No evidence of an additional body was found in the wreckage, however.
Transair’s Chief Engineer Bo Vivring examined the plane and noted damage to the window frame in the cockpit area, as well as fiberglass in the radar nose cone, and concluded that these injuries were likely bullet holes. He told the Rhodesian commission months later, “I am still suspicious about these two specimens.”36
In their final report, the Federal Rhodesian commission concluded that the incident was the result of pilot error, and denied any possibility that the plane was in any way sabotaged or attacked. The U.N. took a more cautious stance, declining to blame the pilot. But they were unable to pinpoint the cause, and refused to rule out the possibility of sabotage or attack. In contrast, the Swedish government, along with others carried the strong opinion that the plane had been shot from the ground or the air, or had been blown up by a bomb.
And there the matter lay, as far as the public was concerned. No one would know for sure. Some had suspicions. In a curious episode, Daniel Schorr once questioned whether the CIA was behind the murder. The question must be set in its original context.
In January of 1975, President Ford was hosting a White House luncheon for New York Times publisher Arthur Sulzberger, among others, when the subject of the Rockefeller commission came up. One of the Times’ editors questioned the overtly conservative, pro-military bent of the appointees. Ford explained that he needed trustworthy citizens who would not stray from the narrowly defined topics to be investigated so they wouldn’t pursue matters which could damage national security and blacken the reputation of the last several Presidents. “Like what?” came the obvious question, from A. M. Rosenthal. “Like assassinations!” said clumsy ex-Warren Commission member Ford, who added quickly, “That’s off the record!” But Schorr took the question to heart, and wondered what Ford was hiding. Shortly after this episode, Schorr went to William Colby, then CIA Director, and asked him point blank, “Has the CIA ever killed anybody in this country?” Colby’s reply was, “Not in this country.” “Who?” Schorr pressed. “I can’t talk about it,” deferred Colby. The first name to spring to Schorr’s lips was not Lumumba, Trujillo, or even Castro. It was Hammarskjold.37
Is there any evidence of British or CIA involvement in Hammarskjold’s death? Sadly, the answer is yes. Of both. In 1997, documents uncovered by the South African Truth and Reconciliation Commission indicated a conspiracy between the CIA and MI5 to remove Hammarskjold. Messages written on the letterhead of the South Africa Institute for Maritime Research (SAIMR), covering a period from July, 1960 to September 17, 1961, the date of Hammarskjold’s crash, discussed a plot to kill Hammarskjold named Operation Celeste. The messages, written by a commodore and a captain whose names were expunged by the Truth and Reconciliation Commission, reference Allen Dulles. According to press reports, the most damning document refers to a meeting between CIA, SAIMR, and the British intelligence organizations of MI5 and Special Operations Executive, at which Dulles agreed that “Dag is becoming troublesome…and should be removed.” Dulles, according to the documents, promised “full cooperation from his people.” In another message, the captain is told, “I want his removal to be handled more efficiently than was Patrice [Lumumba].”
Later orders to the captain state:
Your contact with CIA is Dwight. He will be residing at Hotel Leopold II in Elizabethville from now until November 1 1961. The password is: “How is Celeste these days?” His response should be: “She’s recovering nicely apart from the cough.”38
According to the documents, the plan included planting a bomb in the wheelbay of the plane so that when the wheels were retracted for takeoff, the bomb would explode. The bomb was to be supplied by Union Miniere, the powerful Belgian mining conglomerate operating in the Katanga province. However, a report dated the day of the crash records that the “Device failed on take-off, and the aircraft crashed a few hours later as it prepared to land.”39
A British Foreign Officer spokesman suggested to the press that the documents were Soviet disinformation.40 The documents were also dismissed as fakes by a former Swedish diplomat, but according to news reports, “they bear a striking resemblance to other documents emanating from SAIMR seven years ago … These documents show the SAIMR masterminded the abortive 1981 attempt to depose Seychelles president Albert RenÈ. It was also behind a successful 1990 coup in Somalia.”41
The reference to cooperation between MI5 and CIA is not farfetched either. British and American interests worked together to defeat Mossadegh in Iran. In his book that was originally banned in Britain for revealing too many state secrets, former MI5 officer Peter Wright described how William Harvey, the head of the CIA’s “Executive Action” programs, accompanied by CIA Counterintelligence Chief James Angleton, visited MI5 in 1961 to ask for help finding assassins.42 And according to Paul Lashmar in his book Britain’s Secret Propaganda War 1948-1997, the British secretly aided in the overthrow of Sukarno in 1965, a coup for which the CIA bears a great deal of responsibility.
Brian Urquhart, a former U.N. Under-Secretary-General and the author of an extensive biography of Dag Hammarskjold, stated that “The documents seem to me to make no sense whatsoever.” He praised Bishop Desmond Tutu for saying there was no verification for the authenticity of these documents. But Urquhart went too far when he said, “Even supposing there was any such conspiracy, which I strongly doubt, there is no conceivable way they could have got within any kind of working distance of Hammarskjold’s plane in time.”43 In fact, the plane was left unguarded for four hours. There was general security at the airport, but anyone who knew what they were doing would have no trouble gaining access to the plane. The cabin was secured, but the wheelbay, hydraulic compartments and heating systems were accessible.44 Urquhart also contends that saboteurs would have attacked the wrong plane, as Lansdowne and Hammarskjold switched planes that day. But if the saboteurs were as sophisticated as the CIA was with Lumumba, that information would have been known in advance by the necessary parties. What if the plotters themselves occasioned the switch of the planes? Urquhart shows himself to be a man of limited imagination in this regard. Urquhart caps his comments by adding that he had seen “20 or 30 different accounts” over the years of how Hammarskjold was killed, and that “if one is true all the other 29 are false.” In the words of Buffy the Vampire Slayer, “Does the word ‘duh’ mean anything to you?” There can be only one truth. Having 29 false leads would not negate the truth of the remaining one.
While Bishop Tutu conceded the documents may be disinformation, he added the following qualifier:
It isn’t something that is so bizarre. Things of that sort have happened in the past. That is why you can’t dismiss it as totally, totally incredible.45
In the Independent of 8/20/98, author Mary Braid wrote that “In 1992, ex-U.N. officials said mercenaries hired by Belgian, U.S. and British mining companies shot down the plane, as they believed their businesses would be hurt by Hammarskjold’s peace efforts.” The key here is to understand that these assertions are not mutually exclusive. The CIA has shown its disdain for official government positions on more than several occasions, and has a long track record of working with private corporations to effect a foreign policy dictated more by business needs than political ones. In the Congo, we saw that the CIA apparently pursued a triple track. They planned poison, gun, and escape-capture-kill plans as they sought to remove Lumumba from the scene. If they were intent on getting rid of Hammarskjold, as the Truth Commission discoveries suggest, the CIA may have employed both bomb planters and mercenaries.
Has anyone ever claimed responsibility for Hammarskjold’s death? Surprisingly, the answer is yes. A longtime CIA operative claimed he personally shot down the plane.
In 1976, Roland “Bud” Culligan sought legal assistance. After serving the CIA for 25 years, Culligan was angry. He had performed sensitive operations for the company and felt he deserved better treatment than to be put in jail on a phony bad check charge so the agency could “protect” him from foreign intelligence agents. He had been jailed since 1971, and now the agency was disavowing any connection with him. His personal assets had mysteriously vanished, and his wife Sara was being harassed. But Culligan had kept one very important card up his sleeve. He had kept a detailed journal of every assignment he had performed for the CIA. He had dates, names, places. And Culligan was a professional assassin.
Culligan sought the aid of a lawyer who in turn required some corroborative information. The lawyer asked Culligan to provide explicit details, such as who had recruited him into the CIA, who was his mutual friend with Victor Marchetti, and could he describe in detail six executive action (E.A.) assignments. Culligan answered each request. One of the executive actions he detailed was his assignment to kill Dag Hammarskjold.
Culligan described first in general terms how he would receive assignments:
It is impossible, being here, to recall perfectly all details of past E.A.’s Each E.A. was unique and the execution was left to me and me alone. Holland [identified elsewhere as Lt. Gen. Clay Odum] would call, either by phone or letter memo. At times I would be “billed” by a fake company for a few dollars. The number to call was on the “bill.” I have them all. I studied each man, or was introduced by a mutual friend or acquaintance, to dispell suspicion. I was not always told exactly why a man was subject to being killed. I believed Holland and CIA knew enough about matter to be trusting and I did my work accordingly…. By the time I was called in, the man had become a total loss to CIA, or had become involved in actual plotting to overthrow the U.S. Gov, with help from abroad. There were some exceptions.
…When an E.A. was planned, I was given all possible details in memo form, pictures, verbal descriptions, money, tickets, passports, all the time I needed for plan and set up. I and I alone called the final shot or shots.
Culligan matter-of-factly described five other EAs. But when he told of Hammarskjold, it was out of sequence and in a different tone than the other descriptions:
The E.A. involving Hammarskjold was a bad one. I did not want the job. Damn it, I did not want the job…. I intercepted D.H’s trip at Ndola, No. Rhodesia (now Zaire). Flew from Tripoli to Abidjian to Brazzaville to Ndola, shot the airplane, it crashed, and I flew back, same way…. I went to confession after Nasser and I swore I would never again do this work. And I never will.
Culligan did not want his information released. He only wanted to use it to pressure the CIA into restoring his funds, clearing his record, and allowing his wife and himself to live in peace. When this effort failed, a friend of Culligan’s pursued the matter by sending Culligan’s information to Florida Attorney General Robert Shevin.
Shevin was impressed enough by the documentation Culligan provided to forward the material along to Senator Frank Church, in which he wrote,
It is my sincere hope and desire that your Committee could look into the allegations made by Mr. Culligan. His charges seem substantive enough to warrant an immediate, thorough investigation by your Committee.
Culligan was scheduled to be released from prison in 1977. He wrote the CIA’s General Counsel offering to turn in his journal if he was released without any further complications. But once out of jail, Culligan found himself on the run continuously, fearing for his and his wife’s life. A friend continued to write public officials on Culligan’s behalf, saying,
There are forces that operate within our Government that most people do not even suspect exist. In the past, these forces have instituted actions that would be repugnant to the American people and the world at large. I have always wanted to see this situation handled quietly and honorably without a lot of publicity. Unfortunately, the agencies, bureaus, and services involved are devoid of honor. This story is extremely close to going public soon and when it does, I fear for the effect upon our Country and her position in the world community.
The story never did go public, until now. And this is only a piece of what Culligan had to say.46 You can’t see all of what he had to say. These files remain restricted at the National Archives, withdrawn by the CIA, unavailable to researchers. Not even the Review Board could pry forth the tape Culligan made in jail detailing his CIA activities. And no wonder. Want to hear one of Culligan’s bombshells? In the list of Executive Actions Culligan detailed, three related to the Kennedy assassination. Culligan wrote that he was hired to kill three of the assassins who had participated in, as he called it, the “Dallas E.A.” Apparently, the three were asking for larger sums to cover their silence. Culligan recruited them for a mission and told them to meet him in Guatemala. When they showed up, he killed all three.
Is Culligan to be believed? Why can’t we know for certain? Where are the leaders who are not afraid to confront the demons of the past, to genuinely seek out the truth about our history? Who will take this information and pursue it where it leads? Because no one pursued the truth about Lumumba at the time, and no one found the truth about Hammarskjold’s death, assassination remained a viable way to change foreign policy. Malcolm X, the two Kennedy brothers and Martin Luther King fell prey to the same forces. When will the media serve the public, instead of the ruling elite, by finally reporting the truth about the assassinations of the sixties?
1. Gerard Colby with Charlotte Dennett, Thy Will Be Done (New York: HarperCollins, 1995), pp. 325-326.
2. Church Committee, Alleged Assassination Plots Involving Foreign Leaders (Washington: U.S. Government Printing Office, 1975), p. 57, hereafter Assassination Plots.
3. Assassination Plots, p. 14.
4. Assassination Plots, p. 55
5. Assassination Plots, p. 55.
6. Assassination Plots, p. 15.
7. Leonard Mosley, Dulles: A Biography of Eleanor, Allen, and John Foster Dulles and Their Family Network (New York: The Dial Press, 1978), pp. 462-463. From his notes, Mosley’s source for this appears to have been Richard Bissell.
8. John Marks, The Search for the Manchurian Candidate (New York, W. W. Norton & Co. Inc., 1979), p. 60.
9. Brian Urquhart, Hammarskjold (New York: Alfred A. Knopf, 1972), p. 451.
10. Andrew Tully, CIA: The Inside Story (New York: Crest Books, 1963), pp. 178, p. 184.
11. Hammarskjold was later to write that policy in the Congo “flopped” and cited as two defeats “the dismissal of Mr. Lumumba and the ousting of the Soviet embassy.” Urquhart, p. 467.
12. John Prados, Presidents’ Secret Wars (Chicago: Ivan R. Dee, 1996), p. 234.
13. Assassination Plots, p. 23.
14. Assassination Plots, p. 29.
15. Assassination Plots, p. 32.
16. Assassination Plots, p.38n1.
17. Assassination Plots, p. 39.
18. Assassination Plots, p. 45.
19. Assassination Plots, p. 44.
20. Assassination Plots, p. 46.
21. Assassination Plots, p. 46.
22. Assassination Plots, p. 48.
23. Assassination Plots, p. 48
24. Assassination Plots, p. 49.
25. John Stockwell, In Search of Enemies (New York: W. W. Norton & Company, Inc., 1978), p. 105.
26. Richard D. Mahoney, JFK: Ordeal in Africa (New York: Oxford University Press, 1983), p. 67.
27. Mahoney, p. 71, citing the letter as published in the International Herald-Tribune of April 25, 1977.
28. Urquhart, p. 27.
29. William Blum, Killing Hope (Monroe: Common Courage Press, 1986), p. 158.
30. Arthur Gavshon, The Mysterious Death of Dag Hammarskjold (New York: Walker and Company, 1962), p. 167. Gavshon was, according to the biography on the back flap of his book, a “veteran diplomatic correspondent for one of the world’s biggest new agencies and from his London vantage point has had access to the confidential information known to the diplomats and governments riding the dizzying Congolese merry-go-round.”
31. Gavshon, p. 50.
32. Gavshon, p. 237.
33. Gavshon, p. 17.
34. Gavshon, p. 58.
35. Gavshon, p. 58.
36. Gavshon, p. 57.
37. Daniel Schorr, Clearing the Air (Boston: Houghton Mifflin Company, 1977), pp. 143-145.
38. Mail & Guardian (of Johannesburg, South Africa), 8/28/98.
39. Mail & Guardian, 8/28/98.
40. The Atlanta Journal and Constitution, 8/20/98.
41. Mail & Guardian, 8/28/98.
42. Peter Wright, Spy Catcher (New York: Dell, 1988), pp. 203-204.
43. Anthony Goodman, Reuters, 8/19/98.
44. Gavshon, p. 8.
45. The Atlanta Constitution and Journal, 8/22/98.
46. For more information on Culligan, see Kenn Thomas’ interview of Lars Hansson in Steamshovel Press #10, 1994.
In Part I of this article, we saw that Sirhan could not have shot Kennedy. Indeed, there is a great deal of evidence to suggest that Sirhan was firing blanks. If Sirhan did not shoot Kennedy, who did? Why? And how is it that Sirhan’s own lawyers did not reveal the evidence that he could not have committed the crime for which he received a death sentence?
Before one considers the above issues, one larger issue stands out. If Sirhan did not kill Kennedy, how has the cover-up lasted this long? In the end, that question will bring us closer to the top of the conspiracy than any other. No matter who was involved, if there were a will to get to the bottom of this crime, the evidence has been available. The fact that no official body has ever made the effort to honestly examine all the evidence in this case is nearly as chilling as the original crime itself, and points to a high level of what can only be termed government involvement. In the history of this country and particularly the sixties, one entity stands out beyond all others as having the means, the motive, and the opportunity to orchestrate this crime and continue the cover-up to this very day. But the evidence will point its own fingers; it remains only for us to follow wherever the evidence leads.
It has often been said that a successful conspiracy requires not artful planning, but rather control of the investigation that follows. The investigation was controlled primarily by a few key LAPD officers and the DA. Despite Congressman Allard Lowenstein’s efforts, no federal investigation of this case has ever taken place. In other words, a small handful of people were capable of keeping information that would point to conspirators out of the public eye. The Warren Commission’s conclusions were subjected to intense scrutiny when their documentation was published. Evidently the LAPD wanted no such scrutiny, and simply refused to release their files until ordered to do so in the late ’80s.
SUS members predominantly came from military backgrounds.1 Charles Higbie, who controlled a good portion of the investigation, had been in the Marine Corps for five years and in Intelligence in the Marine Corp. Reserve for eight more. Frank Patchett, the man who turned the Kennedy “head bullet” over to DeWayne Wolfer after it had taken a trip to Washington with an FBI man, had spent four years in the Navy, where his specialty was Cryptography. The Navy and Marines figured prominently in the background of a good many of the SUS investigators. The editor of the SUS Final Report, however, had spent eight years of active duty with the Air Force, as a Squadron Commander and Electronics Officer.
Two SUS members were in a unique position within the LAPD to control the investigation and the determination of witness credibility: Manuel Pena and Hank Hernandez. Pena had quite the catbird seat. A chart from the LAPD shows that all investigations were funneled through a process whereby all reports came at some point to him. He then had the sole authority for “approving” the interviews, and for deciding whether or not to do a further interview with each and every witness. In other words, if you wanted to control the flow of the investigation, all you would have to do is control Lt. Manuel Pena.
In a similarly powerful position, Sgt. Enrique “Hank” Hernandez was the sole polygraph operator for the SUS unit. In other words, whether a witness was lying or telling the truth was left to the sole discretion of Hernandez. Some people mistakenly think that a polygraph is an objective determiner of a person’s veracity. But a polygraph operator can alter the machine’s sensitivity to make a liar look like a truth teller, or a truth teller look like a liar. In addition, the manner of the polygraph operator will do much to assuage or create fear and stress in the person being polygraphed. In addition, no less than William Colby himself said it is possible to beat the machine with a few tricks. For these and other reasons, no court in America allows the results of polygraph tests to be used as evidence. But Hernandez’s polygraph results were given amazing weight in the SUS investigation. Indeed, his tests became the sole factor in the SUS’s determination of the credibility of witnesses.
Because of their prominent roles in the cover-up, the background of Pena and Hernandez has always been of special interest. Pena has an odd background indeed. His official SUS information states he served in the Navy during WWII and in the Army during the Korean War, and was a Counterintelligence officer in France. According to Robert Houghton, he “spoke French and Spanish, and had connections with various intelligence agencies in several countries.”2 Pena also served the CIA for a long time. Pena’s brother told the TV newsman Stan Bohrman that Manny was proud of his service to the CIA. In 1967, Pena “retired” from the LAPD, leaving to join AID, the agency long since acknowledged as having provided the CIA cover for political operations in foreign countries. Roger LeJeunesse, an FBI agent who had been involved in the RFK assassination investigation, told William Turner that Pena had performed special assignments for the CIA for more than ten years. LaJeunesse added that Pena had gone to a “special training unit” of the CIA’s in Virginia. On some assignments Pena worked with Dan Mitrione, the CIA man assassinated by rebels in Uruguay for his role in teaching torture to the police forces there. After his retirement from the LAPD (and a very public farewell dinner) in November of 1967, Pena inexplicably returned to the LAPD in 1968. 3
Hernandez had also worked with AID. During his session with Sandy Serrano, he told her that he had once been called to Vietnam, South America and Europe to perform polygraph tests. He also claimed he had been called to administer a polygraph to the dictator of Venezuela back when President Betancourt came to power.
One of Hernandez’s neighbors related to Probe how Hernandez used to live in a modest home in the Monterey Park area, a solidly middle-class neighborhood. But within a short time after the assassination, Hernandez had moved to a place that has a higher income per capita then Beverly Hills: San Marino. He came into possession of a security firm and handled large accounts for the government.
Another all-important position in the cover-up would necessarily have been the office of the District Attorney, then occupied by J. Evelle Younger. Evelle Younger had been one of Hoover’s top agents before he left the FBI to join the Counterintelligence unit of the Far East branch of the OSS.4
Under these three, credible leads were discarded. Younger wrote off the problem of Sirhan’s distance as a “discrepancy” of an inch or two, when in fact the problem was of a foot or more. Truthful witnesses were made to admit to impossible lies under Hernandez’s pressure-cooker sessions. Pena took a special interest in getting rid of the story of the girl in the polka dot dress. But no investigation could be considered fully under control if one did not also have control over the defense investigators. Sirhan’s defense lawyers could not be allowed to look too deeply into the contradictory evidence in the case.
Despite the late appearance of the autopsy report (after the trial had already commenced), its significance was noted and reported to Sirhan’s lead attorney, Grant Cooper by Robert Kaiser. Why did Cooper not act on this very important information? Was Cooper truly serving Sirhan, or was Cooper perhaps beholden to a more powerful client? What of the others on Sirhan’s team? Just what kind of representation did Sirhan receive?
Several people were key to Sirhan’s original defense. These were – in order of their appearance in the case – A. L. “Al” Wirin, Robert Kaiser, Grant Cooper, Russell Parsons, and Michael McCowan. Who were these people?
Upon Sirhan’s arrest, he asked to see an attorney for the ACLU. Al Wirin showed up. In 1954, Wirin had brought a suit against the LAPD over the legality of some of the department’s wiretapping methods.5 Most people might expect that a lawyer for the ACLU would care a great deal about the rights of the accused; that’s what the American Civil Liberties Union is supposed to be all about. But that evidently wasn’t Abraham Lincoln Wirin’s style. Consider the following information from Mark Lane:
On December 4, 1964, when I debated in Southern California with Joseph A. Ball… [of the Warren Commission and] A. L. Wirin….Wirin made an impassioned plea for support for the findings of the commission….He said, his voice rising in an earnest plea:
“I say thank God for Earl Warren. He saved us from a pogrom. He saved our nation. God bless him for what he has done in establishing that Oswald was the lone assassin.”
The audience remained silent. I asked but one question: “If Oswald was innocent, Mr. Wirin, would you still say, ‘Thank God for Earl Warren’ and bless him for establishing him as the lone murderer?” Wirin thought for but an instant. He responded, “Yes. I still would say so.”6
Wirin has made a number of claims, including that Sirhan confessed the assassination to him. Given the evidence, such a confession is of little value, since no matter what Sirhan thought, he could not have been the shooter. But more troubling is the fact that an ACLU lawyer would share a comment made by a prisoner in confidence to what he thought was a legal representative there to help him. And when Sirhan requested a couple of books relating to the occult shortly after his arrest, Wirin felt the need to report this to the media.
How Robert Blair Kaiser entered the case is a bit fuzzy. According to Melanson and Klaber, Wirin commissioned Kaiser to approach Grant Cooper. But according to Kaiser, he had injected himself into the case right after the assassination. Upon hearing of the assassination, he claimed he “choked, cried, cursed, and, instead of sitting there weeping in front of the TV, tried to do something.” His something was to call Life magazine’s LA Bureau, where he “found that the bureau needed [his] help and tried to get on the track of the man who shot Kennedy.”7
One of Kaiser’s first acts on the case was to interview Sirhan’s brother Saidallah in his Pasadena apartment on the night of June 5th, less than 24 hours after RFK had been shot. Kaiser brought along Life photographer Howard Bingham, who tried to take Saidallah’s picture. Saidallah did not want his picture taken.8 Saidallah later filed a police report detailing an incident later that night after Kaiser’s visit. The LAPD record states:
At approximately 11:30 p.m. he heard someone kick on his front door. He answered the door and just as he unlocked the screen, the door was kicked open. A man rushed through the door and struck [Saidallah] Sirhan in the cheek with his fist and stated, “Damn it, we’re gonna kill all you Arabs.”…The man stated, “If you don’t give your photograph to Life, we’re going to take it from you.” He took a photograph of Sirhan from a small table and walked out of the apartment. Another man was with the one who entered Sirhan’s apartment, but he did not enter.
Kaiser claims this event never happened. But how could he know? On a strange note, Kaiser gave Sirhan a copy of Witness, the book detailing Whittaker Chambers’ account of “exposing” Alger Hiss.9
Kaiser initiated contact with Sirhan by calling Wirin to ask if he could get him in to see Sirhan. During the call, Kaiser mentioned that he had discussed the case with Grant Cooper, a well-known Los Angeles criminal attorney. When Wirin heard Kaiser knew Cooper, Wirin asked Kaiser to urge Cooper to help Sirhan. Curiously, Sirhan had also picked out Cooper’s name when shown a list of lawyers. It seemed everyone wanted Cooper in this case, including Cooper himself.
Cooper had an interesting background. He had, but a year earlier, gone all the way to Da Nang, Vietnam to defend a Marine corporal on a murder charge before a military court. Why would a Los Angeles lawyer fly all the way to Vietnam to defend a man in military court? Answered Cooper, “I’d never been asked to defend a man before a military court before.”10 This highly paid lawyer with no reported proclivities for lost causes nonetheless agreed to take on Sirhan’s case, even though the family had virtually no money to offer for Sirhan’s defense. He couldn’t do so immediately, however, as he was busy defending an associate of Johnny Roselli in the Friar’s Club card cheating scandal. Roselli was hired by Robert Maheu to head up the CIA’s assassination plots against Castro. Roselli spent time at JMWAVE, the CIA’s enormous station in Miami, training snipers among other activities.11 Cooper’s client was also accused by another associate of Roselli’s, of having passed him money to pay for a murder.12
As Probe readers saw in Jim DiEugenio’s landmark piece about how the CIA worked hand in hand with Clay Shaw’s attorneys to undermine New Orleans District Attorney Jim Garrison’s investigation of John Kennedy’s murder, the CIA maintained a “Cleared Attorneys’ Panel” from which they could draw trustworthy, closemouthed representation as needed.13 When someone as knowledgeable as Roselli of the CIA’s innermost secrets is being defended, one would assume that the CIA would go to great lengths to provide him legal assistance. Cooper was in direct and extensive contact with Roselli’s lawyer James Cantillion. In connection with this case, Cooper himself obtained stolen grand jury transcripts by bribing a court clerk, a very serious (not to mention illegal) offense. In addition, Cooper had twice lied to a federal judge. Frankly, Cooper sounded more like a candidate for the CIA’s Cleared Attorneys’ Panel than for the role of a justice crusader. The notion that he would volunteer to defend Sirhan at a time when his own legal troubles were raging around him is preposterous. Something besides pity for a penniless, guilty-looking client was likely motivating Cooper.
While Cooper was waiting to finish the Friar’s Club case, Wirin showed Cooper a list of attorneys that included the names of Joseph Ball and Herman Selvin. Curiously, it was Ball and Selvin who had participated with Wirin in the debate with Mark Lane (all three defending the Warren Report against the attacks of Mark Lane). Ball and Selvin were Cooper’s first choices, but they turned him down.14 Two others on the list included Russell E. Parsons and Luke McKissack. Cooper chose Parsons, saying he did not know McKissack, but that he had ” worked with Russ before.”15 (McKissack was later to become a lawyer for Sirhan.16) Parsons immediately accepted defending this “poor devil in trouble,” as he characterized Sirhan.17 For whatever strange reason, LAPD files record Russell Parsons as having an alias: Lester Harris.18 Perhaps that was a remnant from his days as a Mob lawyer.19
Parsons, in turn, brought Michael McCowan into the case as a private investigator. McCowan was an ex-Marine, an ex-cop and an ex-law student.20 Michael McCowan had been expelled from the LAPD in the wake of his dealings with David Kassab and others who were running a land scam deal in the San Fernando Valley in 1962. In the SUS files, there are continual references to the “Kassab Report”, a report of an investigation into “alleged ties between the J.F.K. and the R.F.K. assassinations.” The report itself is nowhere to be found. Listed as being in the report are names such as Clay Shaw, Lyndon B. Johnson, John F. Kennedy, Jim Braden, Russell Parsons, and many others of interest to assassination researchers. The report is over 900 pages long, according to page references scattered among these files. Why was such a massive report compiled? Why do so many references to it appear in the SUS files? And why has the full Kassab report been suppressed to this day?
McCowan had other problems to bring to the table beyond the Kassab deal. A former girlfriend of his notified the police that he kept a large stash of weapons in his residence. The police issued an order to investigate whether the weapons represented “loot” from other crimes, but asked that the investigation be kept quiet. At the time McCowan entered the Sirhan case, he was on a three-year probation, having appealed a five-year sentence he received in conjunction with theft and tampering with U.S. mail.
Following his involvement in the Sirhan case, McCowan worked as a defense investigator for peace activists Donald Freed and Shirley Sutherland. Freed and Sutherland had been set up by a self-proclaimed former CIA Green Beret named James Jarrett. In March of 1969, Freed and Sutherland helped organize “Friends of the Black Panthers.” Jarrett had infiltrated the group by offering training in the area of self-defense, as members of the group had experienced assaults and even rape. Freed asked Jarrett to buy him a mace-like spray to use for defensive purposes. Jarrett instead presented Freed a brown-paper wrapped box of explosives while wearing a wire and attempting to get Freed to say that the “stuff” was for the Panthers. Minutes after the exchange, agents of the FBI, LAPD and Treasury raided Freed’s home. Freed was charged with illegal possession of explosives. McCowan was hired by the defense as an investigator. McCowan in turn hired Sam Bluth to assist the defense. But Bluth worked instead as a police informant, stealing defense files and witness lists and proffering them to the police.21
Cooper had originally secured an initial agreement from yet another lawyer to participate in the case: the famous Edward Bennett Williams. Williams had represented the Washington Post during its Watergate coverage while also representing the target of the break-in, the Democratic National Committee. He had defended CIA Director Richard Helms when he was charged with perjury in the wake of the revelations about the CIA’s participation in the events surrounding the assassination of Allende in Chile. Williams in fact defended a number of CIA men.
Williams had also defended Jimmy Hoffa when Robert Kennedy was aggressively pursuing him. And he had the gall to ask Robert Kennedy’s personal secretary Angie Novello, recipient of the John Kennedy autopsy materials, to work for him after Robert was killed. Novello refused until Williams convinced her (rightfully or wrongly) that he and Bobby had made up in the wake of the Hoffa pursuit. In addition, Williams had defended Joseph McCarthy when he was under attack from the Senate. (Perhaps that is why Kaiser gave Sirhan Witness to read!) Lastly, and perhaps importantly, Williams had become good friends with Robert Maheu, the man who had hired Roselli to kill Castro on behalf of the CIA. Maheu himself appears to play a larger and more interesting role in the story of the RFK assassination, a point to which we’ll return. All in all, Williams was a most curious choice of Cooper’s, and one wonders what moved Williams to make even a tentative agreement to represent Sirhan.
When Williams bowed out, Cooper turned to Emile “Zuke” Berman. Berman’s biggest case had involved defending a Marine drill instructor who had led his troop into a fast-rising estuary. Six drowned in this incident. Berman was able to get the man’s sentence reduced to six months, and then obtained a full reversal from the Secretary of the Navy. Berman was later accused by Cooper of leaking the story of a proposed plea bargain (in which Cooper would plead Sirhan guilty to 1st degree murder in the hopes of avoiding a death sentence) to the press during the trial. (Judge Walker claimed he had been told the source was Kaiser.22) Berman was distressed that the Israeli/Palestinian battles were being given focus by the defense team during the case, and Kaiser was later to say Berman was “there in name and body only; his spirit wasn’t there.”23
Now if you temporarily throw out any questions raised by the evidence that has just been presented, and focus solely on how well these people served Sirhan, the picture is grim indeed. On the key point of the lack of a clear chain of possession of the bullets, Cooper met with the prosecuting attorneys in Judge Walker’s chamber on February 21, 1969. The way Cooper gives in on an issue he has every reason to fight goes to the heart of the credibility of how well he defended his client. Here is the relevant section:
Fitts (Deputy DA): Now, there is another problem that I’d like to get to with respect to the medical. It is our intention to call DeWayne Wolfer to testify with respect to his ballistics comparison. Some of the objects or exhibits that he will need illustrative of his testimony will…not have adequate foundation, as I will concede at this time.
Cooper: You mean the surgeon took it from the body and this sort of thing?
Fitts: Well, with respect to the bullets or bullet fragments that came from the alleged victims, it is our understanding that there will be a stipulation that these objects came from the persons whom I say they came from. Is that right?
Cooper: So long as you make that avowal, there will be no question about that.
Fitts: Fine. Well, we have discussed the matter with Mr. Wolfer as to those envelopes containing those bullets or bullet fragments; he knows where they came from; the envelope will be marked with the names of the victims….24 [Emphasis added.]
Cooper would make many strange moves, allegedly in “defense” of Sirhan. He kept the autopsy photos from being presented in court under the notion that they would cause sympathy for Kennedy and arouse even more ire against his client. But that was the evidence that could have been used to absolve Sirhan of guilt in the case. But Cooper wasn’t looking for evidence of Sirhan’s innocence. In addition, Sirhan’s notebooks were found during an illegal search (a search authorized by Adel, but Adel had no legal authority to give such authorization) of Mary Sirhan’s house, where Sirhan was living at the time. Cooper had every reason to bar these notebooks from being admitted into evidence, but he chose not only to admit them into evidence, but even had Sirhan read portions of them from the stand. And it was Cooper who supplied Sirhan the motive he lacked, claiming that Sirhan was angry that RFK was willing to provide jets to Israel. Sirhan, lacking any memory of the crime or why he was there with a gun, readily accepted this in lieu of the only other explanation suggested to him, that he was utterly insane.
Kaiser involved himself with Sirhan’s defense team by negotiating a book contract, claiming that a portion of the proceeds could be used to pay the lawyers. In return for his access, he would work as an investigator for Sirhan. It was Kaiser who brought the distance problem regarding Sirhan’s position relative to Robert Kennedy’s powder burns to the attention of Sirhan’s defense team, albeit late in the game. Yet Kaiser believes that Sirhan and Sirhan alone fired all the bullets in the pantry. Kaiser was also the first to bring attention to the strange behavior of Sirhan during the crime that so strongly suggested to Kaiser that he was under some sort of hypnotic influence.
This issue is all-important to the question of Sirhan’s guilt. The ballistics and forensic evidence indicates clearly that there was a conspiracy. So wasn’t Sirhan a conspirator? Not necessarily. The question has always been this: did Sirhan play a witting, complicit role; or was he guided in some manner by others to the point where he was not in control of his actions and their consequences? This most serious issue was never brought up during Sirhan’s only trial.
The defense team hired Dr. Bernard Diamond to examine Sirhan to ascertain his mental state, and to find out if Sirhan could be made to remember what happened under hypnosis. As soon as Diamond hypnotized Sirhan, he found that Sirhan was an exceedingly simple subject. In fact, Sirhan “went under” so quickly and so deeply that Diamond had to work to keep him conscious enough to respond. Kaiser recorded that the very first words that Sirhan spoke to Diamond when put under hypnosis were “I don’t know any people.”25 Such rapid induction generally indicates prior hypnosis.
The tapes of Diamond’s hypnosis sessions reveal a man that sounds like he is more interested in implanting memories than recovering them. This has been well detailed in the literature elsewhere so I will not focus on it here. Diamond, however, argued against Kaiser’s notion that Sirhan had been somehow hypnotically in the control of another, and claimed Sirhan had hypnotized himself. But self-hypnosis rarely (if ever) results in complete amnesia. In addition, Sirhan “blocked” when asked key questions under hypnosis, such as “Did you think this up all by yourself?” (five second pause), and “Are you the only person involved in Kennedy’s shooting?” (three second pause).26 In hypnosis, blocks are as important as answers, in that they can indicate some prior work in that area. Skilled hypnotists can place blocks into the subject’s mind that prevent memory of actions undertaken and associations made while under hypnosis.
Dr. Eduard Simson-Kallas, the chief psychologist when Sirhan was at San Quentin Prison, remains convinced that Sirhan was hypnoprogrammed. He spent hours getting to know Sirhan, and when Sirhan talked about the case Simson-Kallas said it was as if he was “reciting from a book”, without any of the little details most people tell when they are recounting a real event. Sirhan came to trust the psychologist, and asked him to hypnotize him. At this point, the psychologist was stopped by prison authorities who claimed he was spending too much time on Sirhan. Simson-Kallas resigned from his job over the Sirhan case. Simson-Kallas also said he had no respect for Diamond, who claimed both that Sirhan was schizophrenic, and that he was self-hypnotized. Schizophrenics cannot hypnotize themselves.27
The evidence that Sirhan was in some mentally altered state on the night of the assassination is plentiful. By his own account he had about four Tom Collinses. But not one person reported him as appearing drunk. Sandy Serrano, who had seen him walk up the back steps into the Ambassador had described him as “Boracho” but specifically explained that by that she didn’t mean drunk, but somehow out of place. Yosio Niwa, Vincent DiPierro and Martin Patrusky all saw Sirhan smiling a “stupid” or “sickly” smile while he was firing. Mary Grohs, a Teletype operator, remembered him standing and staring at the Teletype machine, nonresponsive, saying nothing, and eventually walking away. And then there was the issue of his incredible strength. Sirhan was a fairly small man, and he was able to hold his own against a football tackle and several other much larger men in the pantry. George Plimpton recalled that Sirhan’s eyes were “enormously peaceful”. Plimpton’s wife said Sirhan’s “eyes were narrow, the lines on his face were heavy and set and he was completely concentrated on what he was doing.” Joseph Lahaiv reported Sirhan was strangely “very tranquil” during the fight for the gun. Some have claimed Sirhan was simply tranquil because he was fulfilling his quest to kill Kennedy. But he didn’t kill Kennedy, and even if he did, such a premise would have required at least a recollection of having finally completed successfully the planned act, if not an exclamation of “Sic Semper Tyrannus”. Sirhan, like the other “lone nut assassins” of the sixties, was neither jubilant nor remorseful. But he could not claim that he hadn’t shot Kennedy, because he truly didn’t remember anything from that moment.
Even at the police station, Sirhan’s conversation could only be termed bizarre. He would not tell his name, didn’t talk about the assassination, and was interested only in engaging in small talk with the frustrated officers around him. These trained officers tried every tactic they knew to get him to talk, but Sirhan remained silent on anything relating to his identity. When he was arraigned before the judge, he was booked only as “John Doe” until his identity was eventually discovered. This point worried the police; usually when a subject didn’t divulge his identity, it was a ruse to protect confederates, giving them a chance to get away.
An Arab doctor spoke Arabic to Sirhan, but obtained no response in recognition. Sheriff Pitchess would say of Sirhan that he was a “very unusual prisoner…a young man of apparently complete self-possession, totally unemotional. He wants to see what the papers have to say about him.”28 At the station in the middle of a hot Los Angeles June night, Sirhan got the chills. He exhibited a similar reaction every time he came out of hypnosis from Diamond.
Sirhan’s family and friends insisted that Sirhan had changed after a fall from a horse at a racetrack where he was working as an exercise jockey. One of his friends from the racetrack, Terry Welch, told the LAPD that Sirhan underwent a complete personality change; that he suddenly resented people with wealth, that he had become a loner. After the fall, Sirhan was treated by a series of doctors. It’s possible that one of these doctors saw Sirhan as a potential hypnosis subject, and started him down a path that would end at the Ambassador hotel. Curiously, renowned expert hypnotist Dr. George Estabrooks, used by the War Department after Pearl Harbor, suggested planting a “doctor” in a hospital who could employ hypnotism on patients.29
The strange notebook entries, if they were indeed written by Sirhan, show certain phrases repeated over and over, including “RFK must die” and “Pay to the order of”. Other words that pop up with no explanation, scattered throughout the writing, are “drugs” and “mind control”. Diamond once hypnotized Sirhan and asked him to write about Robert Kennedy. Out came “RFK must die RFK must die RFK must die” and “Robert Kennedy is going to die Robert Kennedy is going to die Robert is going to die.” When asked who killed Kennedy, Sirhan wrote “I don’t know I don’t know I don’t know.”
Just hours after the assassination, famed hypnotist Dr. William Joseph Bryan was on the Ray Briem show for KABC radio, and mentioned offhandedly that Sirhan was likely operating under some form of posthypnotic suggestion. Curiously, in the SUS files there is an interview summary of Joan Simmons in which the following is listed:
Miss Simmons was program planner for a show on KABC radio and was contacted regarding allegations of Sirhan belonging to a secret hypnotic group. She stated that she knew nothing of a Doctor Bryant [sic] of the American Institute of Hypnosis or Hortence Farrchild. She was acquainted with Herb Elsman [the next few words are blacked out but appear to say “and considered him some right-wing extremist.“]
Dr. Bryan was the President of the American Institute of Hypnosis, the headquarters of which were located on Sunset Boulevard in Hollywood. Bryan was famous for having hypnotized Albert De Salvo, the “Boston Strangler” and claimed to have discovered De Salvo’s motive under hypnosis. There is good reason to doubt that De Salvo was in fact the killer, according to Susan Kelly in her recent, heavily documented book The Boston Stranglers.30 And if he was not, that throws a more sinister light on Bryan’s overtly coercive involvement with De Salvo. Curiously, De Salvo was the topic of one of Sirhan’s disjointed post-assassination ramblings at LAPD headquarters, and references to “Di Salvo” and appear in Sirhan’s notebook.
Bryan, by his own account, had been the “chief of all medical survival training for the United States Air Force, which meant the brainwashing section.”31 He also claimed to have been a consultant for the film The Manchurian Candidate, based on Richard Condon’s famous novel about a man who is captured by Communists and hypnotically programmed to return to the United States to kill a political leader. Condon’s novel was itself based upon the CIA’s ARTICHOKE program, which sought to find a way to create a programmed, amnesiac assassin. ARTICHOKE became MKULTRA.
Bryan bragged to prostitutes that he had performed “special projects” for the CIA, and that he had programmed Sirhan. Publicly, Bryan denied any involvement with Sirhan. Bryan was a brilliant but sometimes insufferable egotist who seems to have had a ready opinion on nearly any subject. But whenever Sirhan came up, with the exception of that first night, he uncharacteristically shut down and refused to discuss the case. It would appear that if Bryan was not himself directly responsible, he had some inside knowledge perhaps as to who was, and chose not to reveal it. Ultimately, the case for hypnosis does not rest on Bryan, and whether or not he worked on Sirhan has no bearing on the overall issue of Sirhan having been hypnotized.
After seeing the movie Conspiracy Theory, many people wondered if MKULTRA was indeed a real government program. Yes, Virginia, there was a sinister mind control program in which people were made to undergo hideous, obscene mental and physical tortures in the CIA’s quest for a way to create a Manchurian Candidate. It should be noted that Allen Dulles, Richard Helms, and surprisingly, the Rockefeller Foundation were instrumental in developing, supporting and funding the CIA’s various mind control programs.32
Most CIA doctors and hypnotists will claim that they never found success, that they could never program someone to do something against their will. Not true, argue others. On the latter point, the simple way to get someone to do something against their will is to alter their reality. Estabrooks had salient comments in relation to this point:
There seems to be a tradition that, with hypnotism in crime we hypnotize our victim, hand him a club, and say, “Go murder Mr. Jones.” If he refuses, then we have disproven the possibility of so using hypnotism. Such a procedure would be silly in the extreme. The skillful operator would do everything in his power to avoid an open clash with such moral scruples as his subject might have.33…
Will the subject commit murder in hypnotism? Highly doubtful – at least without long preparation, and then only in certain cases of very good subjects….Yet, strange to say, most good subjects will commit murder….For example, we hypnotize a subject and tell him to murder you with a gun. In all probability, he will refuse….But a hypnotist who really wished a murder could almost certainly get it with a different technique….he hypnotizes the subject, tells the subject to go to [the victim’s place], point the gun…and pull the trigger. Then he remarks to his assistant that, of course, the gun is loaded with dummy ammunition [even though it is not].34
Under such a scenario, Estabrooks and other hypnotists are certain that creating a murderer is possible.
But even more to the point is a note John Marks makes in his book The Search for the Manchurian Candidate, which details the CIA’s efforts in this regard. He quotes a veteran CIA officer who says that while it would be highly impractical to program an assassin, due to the unpredictable number of independent decisions the subject might encounter which could lead to exposure before the deed was done, creating an assassin in this manner is also unnecessary, as mercenaries have been available since the dawn of time for this heinous act. Marks then adds the following:
The veteran admits that none of the arguments he uses against a conditioned assassin would apply to a programmed “patsy” whom a hypnotist could walk through a series of seemingly unrelated events – a visit to a store, a conversation with a mailman, picking a fight at a political rally. The subject would remember everything that happened to him and be amnesic only for the fact the hypnotist ordered him to do these things. There would be no gaping inconsistency in his life of the sort that can ruin an attempt by a hypnotist to create a second personality. The purpose of this exercise is to leave a circumstantial trail that will make the authorities think the patsy committed a particular crime. The weakness might well be that the amnesia would not hold up under police interrogation, but that would not matter if the police did not believe his preposterous story about being hypnotized or if he were shot resisting arrest. Hypnosis expert Milton Kline says he could create a patsy in three months; an assassin would take him six.35 [Emphasis added.]
Sirhan exhibited behavior during the trial that also appeared to indicate post-hypnotic suggestion. One day, two girls showed up in court that Sirhan identified as Peggy Osterkamp (a name that appeared frequently in the notebook) and Gwen Gumm. Sirhan became enraged at their presence and demanded a recess, asking to talk to the judge in chambers. The judge refused to hear Sirhan in chambers, and Sirhan, visibly fighting for self-control, said “I, at this time, sir, withdraw my original please of not guilty and submit the plea of guilty as charged on all counts.” Asked what kind of penalty he wanted, Sirhan answered “I will ask to be executed,” Asked why he was doing this, Sirhan replied, “I killed Robert Kennedy willfully, premeditatedly, with twenty years of malice aforethought, that is why.” This ridiculous “confession” that a four-year old Sirhan was contemplating the murder of a man not yet famous almost half a world away strains credulity past the breaking point.
Making this even more bizarre is the fact that the two girls were not the two girls Sirhan said they were, but in fact two other people, identified by Kaiser as Sharon Karaalajich and Karen Adams. Sirhan’s extreme reaction to two people who were not the people he thought they were forced Kaiser to conclude that “Sirhan was in a kind of paranoid, dissociated state there and then….”36 It follows that if someone programmed Sirhan to be the perfect patsy, they would likely also have programmed a seemingly spontaneous “confession” that could be spouted at the appropriate time, triggered by some person or event.
In an interesting little book named 254 Questions and Answers on Practical Hypnosis and Autosuggestion, author Emile Franchel put forth some very interesting and relevant information on hypnosis. For example, asked how long a person could be held in a hypnotic state, Franchel replied: “With sufficient knowledge and skill on the part of the hypnotist, indefinitely.” Asked whether the hypnotic state could always be detected, Franchel said no, not in all cases. Franchel referred to hypno-espionage without further explanation, and when asked what official government agencies he worked for, Franchel declined to answer. He stated that he felt he was a bit of a “black sheep” among associates, explaining, “I help the innocent as well as convict the guilty.”
The following question and answer pair seemed particularly relevant to Sirhan’s case. Recall that Sirhan kept firing his gun, even while six big men were pounding him, causing a sprained foot and a broken finger.
Q: Reading about an assassination attempt recently, the report described how it took six or more bullets to stop each assassin. Could these assassins have been “conditioned” with hypnosis not to feel any pain?
A: Well, I am not sure who is going to like or dislike my answer to your question, but I read the same reports that you did. Unfortunately, I do not have access to any more official information. From what I read, I would conclude that they not only had been hypnotically conditioned to feel no pain, but in all probability were working, perhaps partly of their own free desires, but also under hypnotic compulsion, to complete a given mission.
The reports seem to clearly indicate that the assassins had to have a bullet placed in a vital organ to stop them. Bullets that hit anywhere else did not apparently deter them in any way.
For whatever reason, in this 1957 book, Franchel felt compelled to offer a warning regarding hypnosis and its usage:
[A:] The hypnotic techniques being employed at present make the hypnotic technicians of the ex-Nazi regime look like well meaning psychiatrists….
Q: Do I understand correctly, that you are saying that hypnotism is being abused, completely without regard to human rights?
A: You understand correctly. I am fully satisfied that hypnotic techniques are being used on a vast scale, both criminally and for other terrible reasons. Perhaps one day I might be permitted to tell you.
Q: I have heard you say many times during your television programs [Adventures in Hypnosis] that a subject under hypnosis “cannot be made to do anything that is against his moral or religious beliefs.” How can you say that now?
A: I am afraid you have not been listening too closely to what I was saying. The only similar remark I have made is, “IT IS SAID that a person under hypnosis cannot be made to do anything that is against their religious or moral beliefs.” I trust that the implication is clear.
It should be noted that hypnosis is considered dangerous enough that it is illegal to broadcast a hypnotic induction on television.
If Sirhan was indeed programmed, then his statements at the trial, his appearance at the shooting range hours before the assassination and his firing of a gun in the pantry may all have been actions carried out without the intervention of will. There is a strong possibility that Sirhan was not only hypnotized but additionally drugged by alcohol or some stronger substance. Frankel warned that drugs could shut down the conscious mind, preventing it from filtering what reaches the subconscious, adding:
With the conscious filter action removed, anything can be forced into the subconscious mind, which must obey it in one way or another, as the subconscious cannot argue but must believe all information reaching it, and use it.
Had Sirhan had a real trial, the possibility of his having been hypnotized may have provided reasonable doubt on the question of his guilt. But if Sirhan wasn’t guilty, then who was?
One of the most intriguing figures in this case has been “The Girl in the Polka Dot Dress” who was seen with Sirhan immediately prior to the shooting, and who was subsequently witnessed running from the scene crying “We shot him! We shot him!” The LAPD tried to shut down this story by getting the two most public witnesses to retract their stories. But there were so many credible sightings of this girl that the police were forced to take a different tack. They identified first one, then a second woman as “the” girl, despite the fact that neither bore much of a resemblance to the girl described. Meanwhile, languishing unnoticed in the LAPD’s own files is the name of a far more likely candidate, someone who leads to a host of suspicious characters.
Over a dozen witnesses gave similar descriptions of a girl in a polka-dot dress who for varying reasons drew their attention. The two most famous of these were Vincent DiPierro, a waiter at the Ambassador Hotel, and Sandy Serrano, a Kennedy volunteer. DiPierro first noticed Sirhan in the pantry because of the woman he saw “following” him. The LAPD interviewed him the morning of the shooting (Kennedy was shot at 12:15 A.M. the morning of June 5th). During one interview, DiPierro gave the following information about the girl:
A (DiPierro): The only reason that he [Sirhan] was noticeable was because there was this good-looking girl in the crowd there.
Q: All right, was the girl with him?
A: It looked as though, yes.
Q: What makes you say that?
A: Well, she was following him.
Q: Where did she follow him from?
A: From—she was standing behind the tray stand because she was up next to him on—behind, and she was holding on to the other end of the tray table and she—like—it looked as if she was almost holding him.
DiPierro reported that he saw Sirhan turn to her and say something, to which she didn’t reply, but smiled. He said Sirhan had a sickly smile, and said “When she first entered, she looked as though she was sick also.” He described her as Caucasian and as about 20 or 21 years old, definitely no older than 24. She was “very shapely” and was wearing a “white dress with—it looked like either black or dark violet polka dots on it and kind of a [bib-like] collar.” He said her hair color was “Brown. I would say brunette,” “puffed up a little” and that it came to just above her shoulders. DiPierro told the FBI that she had a peculiar-looking nose.
That same morning, Sandy Serrano had described to the LAPD a “girl in a white dress, a Caucasian, dark brown hair, about five-six, medium height…Black polka dots on the dress” in the company of a man she later recognized as Sirhan and another man in a gold sweater. She had seen this trio walk up the back stairs to the Ambassador earlier in the night. Sometime later, the girl and the guy in the gold sweater came running down the back stairs. Serrano recalled to the LAPD this encounter:
She practically stepped on me, and she said “We’ve shot him. We’ve shot him.” Then I said, “Who did you shoot?” And she said, “We shot Senator Kennedy.”
She described the girl’s attitude in this manner:
“We finally did it,” like “Good going.”
Serrano thought the girl was between the ages of 23 and 27, with her hair not quite coming to her shoulders, done in a “bouffant” style, wearing a polka dot dress with a bib collar and ? length sleeves. She also recalled that the girl had a “funny” nose.
Ultimately, the LAPD pressured Serrano and DiPierro into backing down on these stories, getting each to admit they had first heard of the girl from the other, an impossibility the LAPD hoped would go unnoticed. Across page after page of witness testimony cover sheets Pena scrawled “Polka Dot Story Serrano Phoney”, “Girl in Kitchen I.D. Settled”, “Wit[ness] can offer nothing of further value” or “No further Int[erview].” But the interviews behind these sheets tell a different and compelling story.
Dr. Marcus McBroom was in the pantry behind Elizabeth Evans, one of the shooting victims. He exited the kitchen through the double doors at the West end and noticed a brunette woman aged 20-26, medium build, “wearing a white dress with silver dollar size polka dots, either black or dark blue in color.” The report of his LAPD interview records what drew McBroom’s attention to the girl:
This young lady showed no signs of shock or disbelief in comparison to other persons in the room and she seemed intent only on one thing—to get out of the ballroom.
George Green was also in the pantry during the shooting, and reported seeing a girl in a polka dot dress (early 20s, blond hair) and a young, thin, taller male with dark hair. He saw this couple earlier in the night and after the shooting. Afterwards, Green stated, “They seemed to be the only ones who were trying to get out of the kitchen…Everyone else was trying to get in.”37
Ronald Johnson Panda told the LAPD that a good-looking girl, about 5’6″, in a polka dot dress ran by him in the Embassy room immediately after the shooting yelling “They shot him.” He had seen her earlier that night carrying some drinks.
Eve Hansen had talked to a girl in a “white dress with black or navy blue polka dots approximately the size of a quarter” who had dark brown hair that hung just above the shoulders, who had a “turned-up nose.” The girl gave Hansen money for a drink and Hansen ordered the drink. When she brought it back to her, the girl made a toast “To our next President” and shortly thereafter left the bar.
Earnest Ruiz reported something he thought was odd to the police. He had watched a man and a girl in a polka dot dress run out of the hotel, but said the man later came back as Sirhan was being removed and was the first to yell, “Let’s kill the bastard.”
Darnell Johnson, another pantry witness, told the police the following:
While I was waiting [for Kennedy], I saw four guys and a girl about halfway between Kennedy and where I was standing. The girl had a white dress with black polka dots. During the time that a lady yelled, “Oh, my God,” they walked out. All except the one…this is the guy they grabbed [Sirhan]. The others that walked out seemed unconcerned at the events which were taking place.
Johnson also told the police that he had received threatening phone calls and that his car brakes had been tampered with, causing a near-accident.
Roy Mills also observed a group of five people, one of which was female, standing outside the Embassy Room as Kennedy was speaking. He claimed that Sirhan was one of the four males in the group, remembering him distinctly for his baggy pants. He thought one of the other men was a hotel employee. He couldn’t remember anything about the girl except that she was wearing a press pass. Curiously, Conrad Seim—who, like Serrano, DiPierro and Hanson, had noticed the girl’s “funny nose”—reported being asked by a girl in a white dress with black or navy polka dots for his press pass. He refused her request, but she came back about 15 minutes later. “She was very persistent,” he told the police. He thought the girl’s nose might have been broken at one time, and described her as Caucasian but with an olive complexion.
Bill White saw a female Latin and two male Latins near the door of the embassy room. Their dress looked out of place. He also noticed a busboy wearing a white button-down jacket in the Anchor Desk area sweeping up cigarette butts where there were no butts to be swept up. He wasn’t sure this was really a busboy.
Earnest Vallero was a job dispatcher for the Southern California Waiters Alliance. He reported that a man resembling Sirhan appeared at the union office two or three weeks prior to the assassination and requested placement as a waiter at the Ambassador Hotel. Vallero said the man got upset when he was refused, and flashed an Israeli passport.
A Hungarian refugee “with absolutely no credentials at all”38 named Gabor Kadar had been turned away from the Embassy Room during the night, but found a waiter’s uniform, and donned it. Kadar later involved himself directly in the struggle to wrest the gun from Sirhan.
Booker Griffin, another pantry witness who had reported seeing a woman in a polka dot dress,39 asked Richard Aubry, a friend of his who was also in the pantry during the shooting, “Did they get the other two guys?”40
At about 9pm the night of the 4th, Irene Gizzi noticed a group of three people who “just didn’t seem to be dressed properly for the occasion.” Her LAPD interview report summarizes the events as follows:
[Gizzi] saw a group of people talking who did not seem to fit with the exuberant crowd. Observed the female to be wearing a white dress with black polka dots; approximately the girl was standing with a male, possible Latin, dark sun bleached hair gold colored shirt, and possible light colored pants, possibly jeans. Possibly with suspect [Sirhan] as a third party….”
A friend of Gizzi’s who was also present, Katherine Keir, gave a very similar description of this group, describing a male in a “gold colored sport shirt” and blue jeans, another man of medium build with a T-shirt and jeans, both with dark brown hair, and a girl in a black and white polka dot dress. Keir was standing at a stairway when the polka dot dress girl ran down yelling, “We shot Kennedy.” The police were able to persuade Keir to consider that she had heard the girl say instead, “Someone shot Kennedy.”
Jeanette Prudhomme also saw two men, one of which looked like Sirhan and the other of which was wearing a gold shirt, in the company of a woman who appeared to be 28-30, with brown, shoulder length hair, wearing a white dress with black polka dots.
A couple of people even recalled seeing this girl on the CBS broadcast. A Mr. Plumley, first name unrecorded, claimed he had seen a polka dot dress girl in the CBS broadcast the night of June 4th. Duncan Grant, a Canadian citizen, wrote the LAPD when he heard they were canceling their search for the polka dot dress girl, stating that he had seen her on the CBS broadcast. He wrote:
We could hear two shots fired and then another burst of shots. At this moment someone shouted that the Senator had been shot. There was more confusion and at this moment a young lady burst in on the picture and she shouted We have shot Kennedy then shouted again We have shot Senator Kennedy. She was what I would call half-running and she crossed right in front of the camera from left to right and disappeared from view.
Sirhan himself remembered talking to a girl shortly before he blacked out that night. According to Kaiser, one of Sirhan’s last memories is of giving coffee to a girl of “Armenian” or “Spanish” descent in the pantry:
“This girl kept talking about coffee. She wanted cream. Spanish, Mexican, dark-skinned. When people talked about the girl in the polka-dot dress,” he figured, “maybe they were thinking of the girl I was having coffee with.”41
Sirhan had been at the Ambassador the Sunday before election night. A girl matching the description of the polka dot dress girl was also seen there Sunday. Karen Ross described her to the LAPD as having a nose that had been “maybe fixed”, a white dress with black polka dots, ? length sleeves, dark blond hair worn in a “puff” and with a round face. Sirhan and a girl were also recorded as behaving suspiciously at a previous Robert Kennedy appearance in Pomona on May 20th.
One man may have spent the last day of Kennedy’s life with this girl. While his tale is extraordinary, it is eerily credible for the nuances and details which matched other evidence of which he could not possibly have been aware. Kaiser and Houghton referred to this man by the pseudonym of “Robert Duane.” His real name is John Henry Fahey.42
At 9:15 A.M. on June 4th, Fahey entered the back of the Ambassador Hotel. He had planned to meet another salesman there 45 minutes earlier, but had left late and been held up in traffic. On his way up the back stairs, he noticed two men he thought looked Spanish. When they spoke, however, he realized it wasn’t Spanish because he knew Spanish. He presumed they were kitchen workers.
While in the lobby area, he spotted a pretty girl and made a flirtatious comment to her. She asked him where the Post Office was, and he couldn’t help her, and she left. About ten minutes later, she returned. He invited her to join him for breakfast in the coffee shop at the hotel. She spoke “very good English” but also had a “slight accent” that he couldn’t place. He asked her where she was from. She said she had only been there three days, and that she was from Virginia. Fahey had a relative in Virginia, and asked her if she knew Richmond, whereupon the girl said she really had come from New York, and before that a middle-eastern country (“Iran” or “Iraq”, Fahey thought). She mentioned specifically Beirut. (Fahey had to ask his interviewer if there was a place named “Beirut”.) She also mentioned “Akaba”. When he asked her name, she gave him one, and soon another, and another. He didn’t know what her real name was. She, meanwhile, pumped him for as much information as she could get, asking his name, his occupation, and his business at the hotel. When he asked her about her own business, she said “I don’t want to get you involved…I don’t know if I can trust you to tell you the whole thing.”
She told him that they were being watched, and indicated a man near the door of the coffee shop. Fahey saw a man he thought might be Spanish or Greek, resembling one of the men he had seen on the back stairs when entering the hotel. He thought the man resembled Sirhan, except that this man was taller and had sideburns. When later shown pictures of Sirhan’s family, Fahey said the man was not one of the Sirhan brothers.
The girl wanted Fahey to help her get a passport. Fahey said he had no idea how to do that, at which point she explained to him that you just find a deceased person, use their Social Security Number and write to the place where he was born to get a passport. He said she seemed shaken, and very nervous, with clammy hands, and that she seemed to be genuinely in some sort of trouble.
He described her as “Caucasian” but with an “Arab complexion, very light.” He called her hair “dirty-blond” and guessed her age might be 27-28. He said her clothes, shoes and purse were all tan. In addition, he felt the purse and stockings looked foreign. He also said “Her nose was of—on the hooked fashion where you can realize that she was from the Arabic world.” Asked if the nose was what one might call prominent, Fahey answered affirmatively.
Fahey had business calls to make in Oxnard, and invited the girl to come along for the ride with him, since she seemed so troubled. When they got up to leave, she wanted to pay the bill, and opened a purse where he saw a fistful of money in her wallet—”big stuff—50 dollar bills—hundred dollar bills.”
They drove up the coastal route through Malibu. Two different tails followed them for part of the way. At one point, Fahey was so nervous he pulled off the road, thinking the tail would leave him. As he started to get out of the car, he noticed the girl eyeing his keys, and thinking she might run off with his car, decided not to get out after all. During the ride, she said the people tailing them were “out to get Mr. Kennedy tonight at the winning reception.” He thought they should call the police to get rid of the tail but she insisted they should not call the police, and asked to be taken back to Los Angeles. In the end, although they drove to Oxnard, Fahey opted out of his sales calls and returned with the girl to the Ambassador Hotel. After driving and eating meals, they returned at around 7pm, where he dropped her off. She wanted him to come into the hotel with her. When he refused, she got angry.
Fahey might not have thought of this incident again had it not been for the assassination and the story of the strange woman who ran out into the dark afterwards. A frightened Fahey called the FBI and told them he thought he might have spent the day with that woman. After talking to the FBI, Fahey read a story by journalist Fernando Faura in the Valley Times about the polka dot girl. He called Faura and told him he might know something about the girl. Faura was hot on the trail of the mystery girl, and took Fahey’s detailed description of the girl to a police artist. Fahey tweaked the image with the artist until he saw a match.
Faura then showed the drawing to Vincent DiPierro. “That’s her,” DiPierro responded. “She’s the girl in the polka-dot dress. The girl’s face is a little fuller than this sketch has it, but this is the girl.”43 Faura then brought in Chris Gugas, a top Los Angeles polygraph operator, who put Fahey and his story through a lie detector. Faura told Fahey he passed the test “like a champion.”44
Jordan Bonfante, the Los Angeles Bureau Chief of Life magazine, was interested in publishing Faura’s account. Hank Hernandez of SUS, however, was busy trying to crack Fahey under his own polygraph test. Under pressure from Hernandez, Fahey told an untruth, saying it was Faura who had persuaded him to connect the girl he was with to the polka dot girl. But Fahey had made the connection to the FBI long before he ever spoke with Faura. But this lie was pronounced “true” by Hank Hernandez, proving again that a polygraph’s value depends a great deal upon the integrity of the operator. Sgt. Phil Alexander tried to persuade Bonfante that Fahey was not credible, and that Life shouldn’t run the story on the girl. Kaiser amusingly recounts this incident:
“I don’t think you’ve really proved that [Fahey] was mistaken,” said Bonfante. He was right. It was practically impossible to do so. But if the police didn’t do so, the implications were that there was a girl who knew something about the Kennedy assassination and that the police couldn’t find her. That was a black eye for the department.
To Bonfante, this sounded too much like Catch 22 to be true. He decided to discover how important this was to the LAPD and let Alexander talk. Six hours later, Alexander was still talking, and had not yet managed to persuaded Bonfante there was no “girl in the polka dot dress.”45
So then the final question is this. Was the LAPD really so deficient? Could they really not find the girl? Amazingly, the LAPD evidence log itself contains a plausible name that may well lead to the heart of the conspiracy.
A former New York Police Department detective named Sid Shepard, then working at CBS-TV in New York as Chris Borgen, happened upon Sander Vanocur’s 5:00 A.M. (Eastern time) interview of Sandy Serrano. He recalled a couple of people who seemed to fit the description of the polka dot dress girl. In fact, he had observed them at a protest demonstration in New York at the United Nations building which had been captured on 16mm film. He felt so strongly about the match that he put the film, along with a couple of blowups made from the film, onto a TWA flight for Martin Steadman of the WCBS-TV affiliate in Los Angeles. Steadman brought the film and two photos made to Rampart detectives L. J. Patterson and C. J. Hughes. These items were booked into evidence as items #69 and 70 in the evidence log for the case as follows:
#69 1 Film — 16mm roll on gry plast reel
#70 1 Photo — 8″ x 10″ of female (1) protest demo (taken from abv film)
Photo — 3″ x 4″ of female “Shirin Khan” with writing on back “Shirin Khan DOB 4/22/50 daughter of Khaibar Khan Goodarzian, presented flowers & court order to Shah of Iran in NY 6/1964.”
That Shepard/Borgen would identify Shirin Khan as a likely candidate for the girl was positively uncanny. He could hardly have known at that point that her father had reportedly been seen with Sirhan at Kennedy headquarters just two days before the assassination, and that some campaign workers had identified Khan as a suspicious person in the Kennedy camp.
Bernard Isackson, a Kennedy campaign volunteer, had been at the Ambassador in the Embassy room at the time of the shooting. His interview summary contains this interesting tidbit:
Mr. Isackson was asked if anything or anyone acted strange or out of place around the headquarters. He stated the only thing that stood out as being unusal [sic] was the actions and statements of Khaibar Khan (I216). He stated Khan would never fill out cards or write on anything from which the handwriting could be positively ID as Khan. He also stated to Mr. Isackson he was from Istanbul, Turkey and currently living in England. Mr. Isackson stated Khan was very overbearing when it came to the point of trying to impress someone.
Mr. Isackson recalled one incident when Khan asked one of the office girls if she had seen a [sic] unidentified volunteer, when the office girl started to page the volunteer Khan became very nervous and told the girl to never mind. Khan would often meet volunteers entering the headquarters and escort them to the information desk to register them as if they were personal friends of his; this was evidence[d] by many of them using his address and phone number.
Khan was from Iran, not Turkey, and had been living in New York before he came to Los Angeles. He filled out over 20 volunteer cards (present in the SUS files) with names of “friends”, always using his own address as their contact information. For this, and a more sinister reason, Isackson was not the only one suspicious of Khan. Several campaign workers said they had seen him with Sirhan.
Eleanor Severson was a campaign worker for RFK. She told the LAPD that on May 30, 1968, a man named Khaibar Khan came into Headquarters to register for campaign work. Khan claimed to have come to California from back East to help the campaign. From that day, Khan came into Headquarters every day until the election. The Sunday before the election, June 2, he brought four other foreigners (of Middle Eastern extraction) in to work as volunteers. Severson and her husband both said that Sirhan was one of these men. She remembered this group in particular because while she was registering the men, Kennedy’s election day itinerary was taken from her desk. Her husband thought Sirhan may have taken it. Severson reported seeing Sirhan again early in the afternoon of June 3, standing near the coffee machine.
Larry Strick, another Kennedy worker, confirmed this account. He said he had spoken to Sirhan in the company of Khan. When Sirhan’s picture was finally shown on TV, he and Mrs. Severson called each other nearly at the same instant to talk about the fact that this was the man they both remembered from Headquarters. Strick positively ID’d Sirhan from photos as the same man he had seen on June 2nd to both the LAPD and the FBI in the days immediately following the assassination.
Estelle Sterns, yet another Kennedy volunteer, claimed to have seen Sirhan at Headquarters on Election Day itself. He was with three other men of Middle Eastern extraction and a female who was wearing a white coat or dress and who had dark hair that was nearly shoulder length. Sterns said Sirhan offered to buy her a cup of coffee (a typical Sirhan act), which Sterns declined. Sterns said that Sirhan and another of the men were carrying guns. The day after the assassination, Sterns claimed to have received a phone call from a man who sounded muffled, as though he was speaking through a towel, telling her “Under no circumstances give out any information to anybody as to the number of people or their activities at your desk on Tuesday.”
The LAPD loved this. They “discredited” the whole Sirhan-at-headquarters sighting by focusing solely on Sterns’ account. They even used Severson to discredit this story, although the LAPD buried Severson’s interview where she stated she too had seen Sirhan at Headquarters. The LAPD also claimed Strick had retracted his identification of Sirhan.
Surprisingly, Khan himself, as well as his “sister” (who was really his personal secretary/consort) Maryam Koucham both claimed they saw Sirhan at Headquarters. Khan claimed to have seen Sirhan standing in Headquarters on June 4th at around 5:00 p.m. in the company of a girl in a polka dot dress. The question is, did he really see a girl with Sirhan and was he trying to help, or was he instead helping to muddy the waters about a girl who may have been his own daughter? Khan also claimed to have seen Sirhan with the woman on June 3rd, the same day he brought his daughter Shirin Khan into headquarters. (On this day, he also met Walter Sheridan and Pierre Salinger at the Ambassador Hotel.) But did he bring his daughter Shirin into Headquarters, or his other daughter Rose, or some other woman, or no woman at all? Did he see a girl with Sirhan, or did Khan just say he did to deflect suspicion away from both himself and his daughter? How are we to know which statements of his are to be believed?
He refused to take a polygraph or to attend a showup to identify Sirhan more positively. He was illegally in the country, having overstayed his visa. He told the police he was on the run from the Shah of Iran’s goons. But Khan had previously had a working relationship with the Shah. Khan wasn’t using his real name, but was going by the alias of Goodarzian, as was his ex-wife and daughter Shirin. He had a prior arrest recorded with the LAPD (1/13/67), at which time he had been using the alias of Mohammad Ali. And when the LAPD checked the names of the volunteers whom he had registered under a single address, the LAPD stated that “Records show that none of these persons entered the U.S. between the period of June 1968 through December 1968.”46 (As an aside, thirteen Iranians suspected of participating in a political assassination in 1990 came under suspicion when it was found that they had all listed the same personal address. The address in that case turned out to be an intelligence-ministry building.47)
The address Khan used belonged to Khan’s ex-wife and Shirin’s mother, Talat Khan. Talat had lived there with sons Mike and Todd and daughter “Sherry”. (After the assassination, “Shirin Goodarzian” went by the name of “Sherry Khan”.) Although housing three children and herself, according to the LAPD records Talat had no source of employment. Her son Mike was working as a manager at a small pizza outlet in Santa Monica. Her daughter Shirin showed two different places of employment for the same dates. She had only just graduated from University High and allegedly worked for either or both “University Ins. Co.” and “Pacific Western Mtg. Co.” in Los Angeles. Despite her working status, Sherry had no social security number.
Talat told the LAPD that she was divorced from Khan. She initially told them she did not know his whereabouts, but then was able to contact him to tell him the police wanted to talk to him. The LAPD recorded that Talat was not involved in politics. She may have been involved with Khan and Koucham in a bank fraud scheme in 1963, after having divorced Khan in 1961, but the evidence in that regard is far from clear.48 Khaibar Khan, Maryam Koucham and Talat Khan became political targets when Khaibar Khan brought some astounding information to the attention of Senator McClellan’s Committee on Government Operations in May of 1963. Khan had accused several prominent Americans, including David Rockefeller and Allen Dulles, of receiving payoff money from the Shah of Iran from funds received through an American aid program. In short, Khan was no ordinary Iranian. He was master over a powerful intelligence network that had worked for and against the Shah of Iran at various points in time.
Khaibar Khan’s father had been executed by the Shah when he was only a boy of eight. Khan might have been killed as well, but a British couple named Smiley, who worked for oil interests, had taken pity on him and removed him from the country. Khan was educated in Scotland, and in 1944 joined British military intelligence. In 1948 his Iranian title was restored, and he ran a fleet of taxicabs, trucks and operated a repair shop. He also worked for the Anglo-Iranian Oil Company and maintained ties with British and American missions there. Fred Cook, who wrote about Khan’s life in detail in The Nation (4/12/65 & 5/24/65), dropped this interesting piece of information:
The Khaibar Khan’s role in the counter-coup that toppled Mossadegh is not quite clear, but indications are that he helped.
Was Khan working with the CIA in that operation?
Despite the Shah’s role in his father’s death, Khan and the Shah became friends. The Shah even provided Khan a villa on the palace grounds. Their friendship took a turn for the worse, however, when Khan wanted to use some of the plentiful American foreign aid coming into the country for a sports arena. The Shah and his family, however, had other plans for the land and the money, leading to a falling out between Khan and the Shah. One day, the Shah discovered that Khan’s large and lavishly equipped Cadillac El Dorado was wiretapped to the hilt, and realized that he had a major spy in his midst. Khan was warned of the Shah’s discovery, and fled the country. But Khan had spent years building up a powerful spy network. As Khan later told the Supreme Court:
…we put engineers, doctors, gardeners and as servants and as storemen; all educated people working in several different places. And we put a lot of secretaries; a lot of people who was educated in England. And we put them as secretaries.
Through this network, Khan noticed something interesting. Some $7 million of the sports arena’s funds had been redirected to the Pahlavi Foundation, the Shah’s family’s personal fund. He directed his spies to find out where the money was going, to whom and what for. What his agents found was rather astonishing, and led to a most peculiar congressional investigation. He found that just days before the Shah was to have an audience with President Kennedy in the U.S., six and seven figure checks had been cut from the Pahlavi Foundation account to a number of prominent and influential Americans. Kennedy had no great love for the Shah or his operations, and was not planning on granting the largesse the Shah was seeking. Was the Shah feathering the nest before his arrival by spreading money around? Khan’s agents photocopied a batch of checks from the Shah’s safe. The checks included payments to the following:
Allen Dallas [sic]: $1,000,000
Henry Luce: $500,000
David Rockefeller: $2,000,000
Mrs. Loy Henderson: $1,000,000
George V. Allen: $1,000,000
Seldin Chapin: $1,000,000
Henderson, Allen and Chapin had all served at some point as Ambassador to Iran, a role Richard Helms would later play when removed from the CIA by Richard Nixon. (Richard Helms, by the way, had been a childhood friend of the Shah; they had attended the same Swiss school in their youth.) David Rockefeller, Allen Dulles and Henry Luce had contributed to Mossadegh’s overthrow, an effort double-headed by the CIA and British intelligence. The Shah’s family members also received checks ranging from six to eight figures in length, the highest being a $15,000,000 check paid to Princess Farah Pahlavi. Princess Ashraf, the Shah’s twin sister, came in second at $3,000,000. High level British officials were also on the list.
Needless to say, when this news was given to Congress, the earth began to rumble. According to Cook:
The Khaibar Khan’s disclosures [of May and June, 1963] were called to the attention of President Lyndon B. Johnson in late December by one of the President’s closest advisers, Washington attorney Abe Fortas. Since then, there have been these seemingly significant developments: the American Ambassador to Iran has been relieved of his duties; the Iranian Ambassador in Washington has been recalled—and for the past year there has been a stoppage on all economic (i.e. non-military) aid to Iran….49
From the look of it, it appeared Khan’s revelations were being taken seriously. Khan’s credibility was enhanced when a secret Treasury report provided solely to McClellan’s committee was photocopied from within the Iranian embassy and given to Khan, who showed the copy to the committee. His copy proved that 1) someone on McClellan’s committee was providing information to the Iranian embassy, and 2) Khan had agents so sensitively placed within the embassy as to be able to intercept this highly sensitive information. Khan’s credibility became something that needed to be destroyed at all costs. Who in Congress dared accuse David Rockefeller, Henry Luce and Allen Dulles of receiving payoffs from a foreign government? Someone had to be taken down, and the spotlight focused on Khan. An attempt was made to physically assault Khan, but the attempt was performed in a public arena and was quickly stopped. A more violent attack was made upon Maryam Koucham in an effort to scare her into revealing Khan’s sources within the Embassy.
The publication of Cook’s article about these events in The Nation seems to have been the impetus for a sudden and furious turnaround from McClellan’s committee. After two years of pursuing evidence of what the committee had termed “gross corruption” in the use of American aid money to Iran, the committee suddenly launched an all-out assault on Khan. McClellan suddenly surfaced a letter (dated a year earlier) from the bank in Geneva from which the records of payoffs had surfaced. The letter from the bank managers stated that the records Khan had submitted were false, citing typeface difference, differing account number systems and so forth. But were this true, why did McClellan’s committee continue to investigate Khan’s allegations for a full year? Clearly the committee knew no one would buy the letter, at least at that point. But once Cook made the issue public, then anything had to be used, no matter how ill-supported, to discredit Khan. It was at this point that Khan, his ex-wife and Koucham were accused of bank fraud.
What had started as Khan’s crusade to regain money that was to be used for Iran turned into an ugly, losing battle. Khan was a very resourceful man, and knew how to play on a winning team. It seems highly unlikely that he continued forever his fight against the Shah, and more likely that he gave in to the old adage of “if you can’t beat ‘em, join ‘em.” And a man with Khan’s sources could not be allowed to become an enemy of American intelligence. He had too powerful a network. One can’t help but wonder if the CIA took an interest in protecting the actions of their own (Dulles, Rockefeller, the Shah et. al.) while using Khan for their own purposes.
Khan appeared out of the blue at RFK Headquarters, was seen with Sirhan, lied about his background, raised suspicion by his secretiveness, and may have fathered the girl in the polka dot dress. But perhaps his most suspicious act was giving a ride on election night to a man who was arrested while running out of the pantry immediately after the shots had been fired: Michael Wayne.
Mr. Wayne was in the kitchen when Kennedy was shot, and was the subject of reports by Patti Nelson, Tom Klein and Dennis Weaver of a man running through the lobby with a long object in his hand, which appeared to be a rifle.— SUS supplement to Wayne’s interview (I-1096)
Michael Wayne, whose real name was Wien, was a twenty-one year old from England who the LAPD wrote “professes to be of Jewish background, but not from the mid-east.”50 Wayne worked at the Pickwick Bookstore on Sunset Boulevard. Wayne had gained entry to the pantry by obtaining a press button, and even managed to get into Kennedy’s suite on the 5th floor. When Kennedy went down to the Embassy room to make his speech, Wayne followed. He was loitering in the kitchen, was asked to leave, and returned shortly before the shooting took place. Cryptic references in the extant files on Wayne seem to indicate that Wayne made some comment indicating foreknowledge of the assassination to a man in the electrician’s booth shortly before the shooting. In fact, the first question on the proposed list of questions to be asked of Wayne under a polygraph was this:
Did you have prior knowledge that there might be an attempt on Senator Kennedy’s life?
Curiously, that question does not appear on the actual list of questions asked.51
Right after the shots were fired, Wayne, who bore a resemblance to Sirhan, although taller and with sideburns, ran out of the East end of the Pantry and then out through the Embassy room. William Singer described this event to the LAPD:
I was in the lobby of the Ambassador Hotel right next to the ballroom. Senator Kennedy had just walked away from the podium after his victory speech. Several moments before the commotion started a man came running and pushing his way out of the ballroom past where I was standing. I would describe this man as having Hebrew or some type mid-eastern features, he was approx 18/22 5-10 thin face, slim, drk swtr or jkt, drk slacks, no tie, firy [sic] neat in appearance, nice teeth, curly arab or hebrew type hair. He may have been wearing glasses, I’m not sure. I can ID him. He isn’t one of the men in the pictures you showed me (Saidallah B. Sirhan or Sirhan Sirhan) this man was in a big hurry and was saying, “Pardon me Please” as he pushed his way out of the crowded ballroom. He was carrying a rolled piece of cardboard, maybe a placard. This placard was approx 1? yards long and 4-6″ in diameter. I think I saw something black inside. Just as he got pst [sic] me I heard screaming and shouting and I knew something bad had happened. Two men were shouting to “Stop that man.” these two men were chasing the first man. I don’t know if they caught him.52
Gregory Ross Clayton also reported this incident to the LAPD, adding that it was a newsman who yelled “Stop him.” Clayton then tackled the man and held him while a hotel security guard handcuffed and removed the man. Clayton reported having seen this man standing with a girl and three other men, one of which resembled Sirhan, earlier that night at the hotel.53 Clayton identified Michael Wayne as the man he had seen. The LAPD confirmed that Ace Security guard Augustus Mallard had arrested and handcuffed Wayne because of his suspicious behavior running from the scene of the shooting.
The press man was evidently Steve Fontanini, a photographer for the Los Angeles Times. Thinking Wayne was a suspect, he ran after him. Fontanini didn’t buy Wayne’s explanation that he was running to a telephone because he was running out of the press room (adjacent to the pantry), a room full of phones. That fact bothered neither the LAPD nor Robert Kaiser, who accepted Wayne’s explanation as the truth.
Joseph Thomas Klein, Patti Nelson and Dennis Weaver had seen Wayne run by with something rolled up in his hand. Klein originally described the roll as larger at one end than at the other. Weaver remembered Patti had yelled “He’s got a gun,” although Weaver did not see a gun. Weaver said he only saw Wayne for several seconds. A month later, when questioned again, the LAPD recorded the following interesting comments, begging the question of what had given rise to them:
The man was carrying a blue poster, rolled up in his left hand. It could have been a cardboard tube, or rolled up posters. Mr. Weaver states he had a clear view of the object and states that there was no gun sticking out of the roll.
This investigator questioned Mr. Weaver additionally concerning the object being carried by the man crossing the lobby. Weaver states he is absolutely sure there was no gun protruding from the object. He states the object was blue, but was not wood colored at the one end, or even resembling a gun stock.
Patti Nelson’s interview appears to no longer exist. Joseph Klein’s, however, contained the interesting notation:
Klein states that as he pursued Wayne, he passed Nelson and Weaver and said, to them; “my God, he had a gun, and we let him get by.” (Klein states this is the first time since the incident he can recall making the statement.)
What happened after Wayne was arrested and handcuffed by Ace Security Guard Mallard is unclear, and troubling. An LAPD supplemental report to Michael Wayne’s interview states:
This investigator received information that the business card of Keith Duane Gilbert was in the possession of Wayne, at the time of his apprehension after Sen. Kennedy was shot. Gilbert is reported to be an extremist and militant who has been involved in a dynamite theft, previously.
Wayne, however, denied any knowledge of Gilbert, and did not remember ever having his card. But in the SUS files, yet another problem cropped up. Gilbert’s file, when checked, contained a business card as well. The card belonged to Michael Wayne.
Sgt. Manual Gutierrez of SUS spent a great deal of time trying to find out whether there was some sinister association between Wayne and Gilbert, a radical Minuteman activist. Gutierrez did not believe Wayne’s denials of a relationship, and ultimately pushed to have Wayne polygraphed. Unfortunately, the polygraph was operated by Hernandez, whose record of truth in this case is so poor as to make his tests worthless. Not surprisingly, Hernandez determined Wayne was “truthful” about not knowing Gilbert. Gutierrez, a fitness buff, died in 1972 at the young age of forty. Turner and Christian wrote, “It was said that he [Gutierrez] had privately voiced doubts about the police conclusion [that Sirhan alone had killed Kennedy].” SUS ended up claiming that that the Michael Wayne card in Gilbert’s file referred to a different Michael Wayne. They never did explain the reverse possession.
Wayne is an interesting person. He was seen in a group that allegedly included Sirhan. He obtained a ride from the suspicious Khaibar Khan. A couple of people thought he had a gun as he ran out of the pantry. And he was apprehended by a guard from the service that employed one of the most famous alternate suspects in this case, Thane Eugene Cesar.
Thane Eugene Cesar was just behind and to the right of Kennedy at the time the shots were fired. If Cesar is telling the truth about his position, then either he was the shooter, or the shooter had to be between himself and Kennedy. Cesar denies that he shot Kennedy, and denies that anyone else in that position shot him either. Cesar’s proximity to Kennedy is graphically demonstrated by the presence of his clip-on tie just beyond Kennedy’s outstretched hand as he lay on the floor. Cesar has made many statements that he has later contradicted, adding to the suspicion of sinister involvement. For example, he told police he had sold his.22 before the assassination, and that he had lost the receipt. But the police found the receipt, and found that he had sold the gun after the assassination.
Cesar was also one of the first to accurately pinpoint where Kennedy was shot. Most people thought Kennedy was shot in the head. Cesar, on the other hand, in an interview immediately following the shooting, reported that Kennedy was shot in the head, the chest and the shoulder. He also said he was holding Kennedy’s arm when “they” shot him. Asked if Sirhan alone did all the shooting he said, “No, yeah. One man.”54 Paul Hope of the Evening Star also obtained early comments from Cesar. Hope recorded Cesar’s comments as follows:
I fell back and pulled the Senator with me. He slumped to the floor on his back. I was off balance and fell down and when I looked up about 10 people already had grabbed the assailant.55
Cesar told the LAPD that he ducked and was knocked down at the first shot, hardly the same report he gave the press. Richard Drew witnessed something similar to Cesar’s original version, as he reported in a separate article in the Evening Star that same day (6/5/68):
As I looked up, Sen. Kennedy started to fall back and then was lowered to the floor by his aides.
In Drew’s LAPD interview, he reduced the plural to the singular, saying “Someone” had lowered Kennedy to the floor. Since Kennedy was shot in the back at a range of 1-2 inches, anyone lowering him to the floor should have been an immediate suspect.
Equally important was Eara Marchman’s report to the LAPD of what she witnessed prior to the assassination. Thane Eugene Cesar had been assigned to guard the pantry area that night. The LAPD recorded the following information from Marchman:
She walked out towards the kitchen area and observed a man in a blue coat, dark complexion, possibly about 5-3/6 wearing lt. colored pants, standing talking to, and possibly arguing with, a uniformed guard who was standing by swinging kitchen doors (after showing mugs susp Sirhan was pointed out, although she only saw the man from the side position).
Was Cesar arguing with Sirhan earlier that night? Cesar claims he never saw Sirhan in the pantry before the shooting, despite his having been sighted there by several other witnesses. But is Cesar to be believed?
Anyone wishing to look into the involvement of Cesar eventually runs into Dan Moldea. (See DiEugenio’s article on Moldea in this issue.) It’s almost as if Moldea has become Cesar’s handler, deciding who will get access to his prize.
Moldea spends a great deal of his book on the case discussing Cesar. Cesar was standing immediately behind and to the right of Kennedy—exactly the spot from which the gun had to have been fired, according to the autopsy report. While many researchers have felt (and continue to feel) that Cesar was the top suspect for the actual assassin of RFK, Moldea has not. Moldea, curiously, has been a defender. In his first published article on the case in Regardie’s, Moldea concluded with the following statement about Cesar:
Gene Cesar may be the classic example of a man caught at the wrong time in the wrong place with a gun in his hand and powder burns on his face—an innocent bystander caught in the cross fire of history.
Whatever Moldea’s motives may have been in 1987, when the above quotes were published, by 1997 he was singing an even more disturbing tune:
To sum up, Gene Cesar proved to be an innocent man who since 1969 has been wrongly accused of being involved in the murder of Senator Kennedy.
What would cause a man to state such a thing, in the face of overwhelming evidence to the contrary, some of which he dug up himself?
Moldea tells us that Cesar had secret clearance to work on projects at Lockheed’s Burbank facility, and at Hughes Aircraft. Note that Robert Maheu, Roselli’s partner in assassination plots, was overseeing a great deal of Hughes’ operations in 1968. Note too that the CIA has had a long and admitted relationship with Hughes. A CIA document dated 1974 but not released until 1994 relates the following:
DCD [Domestic Contacts Division] has had close and continuing relationships with the Hughes Tool Company and Hughes Aircraft Company since 1948. Both companies have been completely cooperative and have provided a wealth of information over the years….It should be noted…that in the case of Hughes Aircraft, DCD has contacted over 250 individuals in the company since the start of our association and about 100 in Hughes Tool over the same period. The substance of the contacts ranged from FPI collection to sensitive operational proposals. In addition, there is some evidence in DCD files that both companies may have had contractual relationships with the Agency. In the context of such a broad range in Hughes/CIA relationships, it is difficult to state with certainty that the surfacing of the substance of a given action would not cause Congressional and/or media interest.56
He also reveals that at a lunch with Cesar, Cesar casually mentioned that he had purchased some diamonds from a businessman who was a Mafia associate. Despite these points, Moldea writes:
For years, numerous conspiracy theories have alleged that Cesar worked for the Mafia, the CIA, Howard Hughes, or even as a freelance bodyguard, leg breaker, and hit man.
There is no evidence to support any of these allegations.
While one could argue that there is no proof, there is plenty of evidence to support such allegations. Moldea even provided some of it, but did so in a sneaky fashion. For example, the Burbank Lockheed facility is the famous “Skunkworks” facility that housed the CIA’s U-2 program. And Howard Hughes owned Hughes Aircraft. The CIA also had a stake in Hughes Aircraft (and the entire Hughes operation), a non-secret at this point. Why did Moldea leave out such salient points?
The denouement of Moldea’s exploration of Cesar comes in the form of a much-touted polygraph test, which Cesar passed. Cesar had offered to take a polygraph in the past, but LAPD consistently avoided all opportunities to do so. Moldea claims that had Cesar failed his test, he would have pursued him to the ends of the earth. But since he passed, he concludes that Cesar is credible. He could have passed some of the questions he was asked whether he was the shooter or not. Consider the following:
Between the ages of twenty-eight and forty-five, other than your kids, did you ever hurt anyone?
No.
One can’t help but wonder, from the wording, just what Cesar did do to his kids between those ages! But worse, Cesar was twenty-six at the time of RFK’s assassination, not twenty-eight! That question and a similar one had no relevance to June 5th at all!
Examine the semantic trick in the next question:
Did you fire a weapon the night Robert Kennedy was shot?
No.
Kennedy was shot at about 12:15 AM in the morning, so “the night” he was shot would have been the night of the 5th, long past the point at which the shooting took place. No assassin fired a gun that “night”.
The wording of this next question was interesting.
Were you involved in a plan to shoot Robert Kennedy?
No.
Note how the question was limited specifically to shooting, and not to any other broader kind of involvement in a plan to kill Robert Kennedy. What if Cesar was not the shooter, but was protecting the shooter’s identity by saying he was the only one in the shooter’s position? He might do this if he knew it could never be proved that he was the shooter. And if he didn’t fire any shots into the Senator, it would be difficult, despite circumstantial evidence, to link him in a court of law to the crime. But by saying he was there and that no one was between them, possibly he could be lying to protect someone else. If that were true, his next answer could very well be true:
Regarding57 Robert Kennedy, did you fire any of the shots that hit him in June of ’68?
No.
The following question and answer either supports this theory, or proves Cesar to be inaccurate or lying about his position relative to Kennedy:
Could you have fired at Kennedy if you wanted to?
No.
By his own account, he had been practically touching Kennedy, and did have a gun with him that night. So it would seem that his answer is inaccurate, unless someone was physically between him and Kennedy.
There are, of course, other possibilities to the postulations I have just suggested. He might have truly had no involvement, and genuinely told the truth. Another possibility is that he faked his way through the test. No less than former CIA Director William Colby said this was doable if you knew the tricks of the trade. A third possibility is that the operator, Edward Gelb, altered the machine and/or results to achieve the desired results. And these suggestions are not mutually exclusive.
Whatever the results, Moldea was not justified in basing his sole conclusion as to the question of Cesar’s guilt or innocence upon a test that is not even admissible in court. Moldea’s unquestioning credence casts as many doubts about Moldea as Cesar’s conflicting statements continue to cast upon himself.
Lastly, there is the question of Ace Guard Services. Ace was only formed in the beginning of 1968 by Frank J. and Loretta M. Hendrix. And Cesar was only hired in May of 1968, just days before the assassination. Years after the assassination, DeWayne Wolfer, the criminalist in Sirhan’s case, became president of Ace under its newer name of Ace Security Services. Is this all just coincidence?
Like a Rubik’s cube, this case seems to involve many small, separate players. But as you get closer to solving the puzzle, you find there are really only a few planes, all of which connect in a single, logical fashion. The conspiracy is obvious; the players semi-obvious; but the motive is considerably less obvious. The question of Cui Bono remains all-important: Who Benefits?
Once a supporter of Red hunter Joe McCarthy, Bobby had grown a great deal since his brother’s death. He became the champion of the disenfranchised. He marched for civil rights, and lashed out at the inefficiencies in our social system. He was not a supporter of welfare handouts but of jobs for all. He was often accused of being “angry”, and retorted “I am impatient. I would hope everyone would be impatient.” “I think people should be angry enough to speak out.” Another favorite: “It is not enough to allow dissent. We must demand it.” As Richard Goodwin has written, it was the very qualities that people most appreciated that caused the establishment to loathe and fear him. The people loved a Senator who would stand up and tell it like it was, without fear, without softening rhetoric. The establishment wanted him to go away.
Bobby Kennedy had more enemies it would seem then his brother. Where John Kennedy played the politician, Bobby Kennedy played the populist. A famous episode recounted by Richard Goodwin shows how radical Bobby had become. The State Department had threatened to cut off aid to Peru over a dispute Peru had with the International Petroleum Company, a Standard Oil subsidiary. Kennedy had been outraged at the State Department, saying, “Peru has a democratic government. We ought to be helping them succeed, not tearing them down just because some oil company doesn’t like their policies.” But when Kennedy was confronted with what he considered excessive anti-Americanism from a Peruvian audience, Kennedy turned the tables on them. Goodwin recounts what transpired as follows:
Irritated by the attacks, Kennedy turned on his audience. “Well, if it’s so important to you, why don’t you just go ahead and nationalize the damn oil company? It’s your country. You can’t be both cursing the U.S., and then looking to it for permission to do what you want to do. The U.S. government isn’t going to send destroyers or anything like that. So if you want to assert your nationhood, why don’t you just do it?”
The Peruvians were stunned at the boldness of Kennedy’s suggestion. “Why, David Rockefeller has just been down here,” they said, “and he told us there wouldn’t be any aid if anyone acted against International Petroleum.”
“Oh, come on,” said Kennedy, “David Rockefeller isn’t the government. We Kennedys eat Rockefellers for breakfast.”
Bobby had outraged the CIA by exercising heavy oversight after the Bay of Pigs fiasco. Richard Helms, the friend of the Shah and a key MKULTRA backer, held a special animosity for Bobby Kennedy. And Bobby was the one who asked, immediately after the assassination, if the CIA had killed his brother. What might Bobby have uncovered had he been allowed to reach the office of the Presidency? Powerful factions hoped they’d never have to find out.
Kennedy himself expected tragedy for his efforts. “I play Russian roulette every time I get up in the morning,” he told friends. “But I just don’t care. There’s nothing I could do about it anyway,” the fatalist explained, adding, “This isn’t really such a happy existence, is it?”58
The assassination of both Kennedys guaranteed the elongation of our involvement in Vietnam, a war that personally brought Howard Hughes and everyone involved in defense contracts loads of money. Killing Bobby prevented any effective return to the policies started under John Kennedy, and prevented Bobby from opening any doors to the truth about the murder of his brother. And killing Bobby removed a thorn in the side of many in the CIA who felt he had treated them unkindly and unfairly.
Who killed Bobby? One man gave me an answer to that. I interviewed John Meier, a former bagman for Hughes and by association the CIA. Meier was one of the tiny handful of people in direct contact with Howard Hughes himself. His position gave him entry to circles most people will never see.
Meier had worked for Hughes during the assassination, and saw enough dealings before and after the assassination to cause him to approach J. Edgar Hoover with what he knew. For example, he knew that Thane Eugene Cesar had an association with Maheu. (Maheu also had an extensive working relationship with the LAPD. This partnership produced a porno film pretending to show Indonesian president Sukarno in a compromising position with a Soviet agent.59) According to Meier, Hoover expressed his frustration, saying words to the effect of “Yes, we know this was a Maheu operation. People think I’m so powerful, but when it comes to the CIA, there’s nothing I can do.”
People will choose what they will believe. But the evidence is still present, waiting to be followed, if any entity has the fortitude to pursue the truth in this case to wherever it leads. And so long as Sirhan remains in jail, the real assassins will never be sought.
© 1998 Lisa Pease
Do not copy, repost, quote largely from, plagiarize, or distribute in any other form without the written permission of Lisa Pease.
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1. The SUS files begin with biographies of all the SUS members, including military service information.
2. Robert A. Houghton with Theodore Taylor, Special Unit Senator (New York: Random House, 1970), pp. 102-3.
3. Jonn Christian and William Turner, The Assassination of Robert F. Kennedy (New York: Thunder’s Mouth Press, 1978), pp. 64-66.
4. Richard Harris Smith, OSS: The Secret History of America’s First Central Intelligence Agency (Berkeley: University of California Press, 1972), p. 20.
5. Frank Donner, Protectors of Privilege, p. 249. For his efforts, Wirin, a native-born Russian, was branded a Communist. One can only wonder at the effect that had on his career or his subsequent actions.
6. Mark Lane, Plausible Denial (New York: Thunder’s Mouth Press), p. 52.
7. Robert Blair Kaiser, R. F. K. Must Die (New York: E. P. Dutton & Co., 1970) p. 102.
8. Kaiser, pp. 103-104.
9. In Kaiser’s own book, he writes that he had been the one to recommend the book to Sirhan (p. 239). But in his January 17, 1969 article for Life magazine, Kaiser writes that Sirhan “requested” the book Witness. Similarly, in RFK Must Die Kaiser writes that Eason Monroe, the president of the ACLU, had called A. L. Wirin after the assassination with the suggestion that Wirin approach Sirhan (p. 60). But in the Life article, Kaiser implies that Adel Sirhan brought Wirin into the case.
10. Kaiser, p. 124.
11. Brad Ayers, The War That Never Was (Indianapolis: Bobs-Merrill, 1976) and private correspondence.
12. Klaber and Melanson, Shadow Play: The Murder of Robert F. Kennedy, the Trial of Sirhan Sirhan, and the Failure of American Justice (New York: St. Martin’s Press, 1997) p. 43.
13. CIA document dated 3/18/68 referencing the “cleared attorneys’ panel”, quoted in Probe(7/22/97), p. 18.
14. Kaiser, p. 128.
15. Kaiser, p. 129.
16. McKissack was later removed from the Sirhan defense team and replaced with Godfrey Isaac.
17. Klaber and Melanson, p. 26.
18. SUS Files, Index Card under Russell E. Parsons.
19. Kaiser, p. 245. “In the forties…Russell Parsons was defending some well-known members of what is sometimes called The Mob….” See also the SUS final report (unredacted version), p.1430.
20. Kaiser, p. 152.
21. Frank Donner, Protectors of Privilege (Berkeley: University of California Press, 1990), pp. 261-263.
22. Klaber and Melanson, p. 72.
23. Klaber and Melanson, p. 72.
24. A copy of this transcript is provided by Lynn Mangan in her monograph on the case on p. 214 (p. 3967 of the original trial transcript). Sirhan was not present in chambers when this agreement was reached.
25. Kaiser, p. 296.
26. Kaiser, pp. 302-303.
27. Alan W. Scheflin and Edward M. Opton, Jr. The Mind Manipulators (New York: Paddington Press Ltd., 1978), p. 439.
28. Kaiser, p. 86.
29. Walter H. Bowart, Operation Mind Control (New York: Dell Publishing Co., 1978), p. 58.
30. Kelly makes a good case for De Salvo’s innocence, and the guilt of his closest associate, George Nasser. The lawyer in that case was F. Lee Bailey, a friend of Bryan’s. Bryan helped Bailey on two other famous cases. F. Lee Bailey was later to defend a mind control victim named Patty Hearst. (Curiously, her father’s first two choices for a lawyer for her defense were Edward Bennett Williams and Percy Foreman, the notorious lawyer who coerced James Earl Ray into pleading guilty, an act Ray forever after regretted.)
31. Turner & Christian, p. 226, quoting Bryan’s KNX Radio Interview of February 12, 1972.
32. Allen Dulles’ and Richard Helms’ participation in these programs is well documented. Lesser known has been the role the Rockefeller family funds played in developing these horrific programs. The Rockefeller Foundation, for example, set up the infamous Allen Memorial Institute at McGill University in Montreal. See Thy Will be Done by Gerard Colby (New York: HarperCollins Publishers, 1995), p. 265.
33. George H. Estabrooks, Hypnotism (New York: Dutton, 1948), p. 172.
34. Estabrooks, p. 199.
35. John Marks, The Search for the “Manchurian Candidate” (New York: W. W. Norton & Company, 1979), 1991 paperback edition, p. 204.
36. Kaiser, p. 407.
37. Kaiser, p. 114 and SUS I-613.
38. Kaiser, p. 19.
39. Noted in the interview of Samuel Strain, SUS I-62.
40. Kaiser, p. 46.
41. Kaiser, p. 305.
42. The following account is taken from the SUS file on John Henry Fahey. This document is marked S.F.P.D. which presumably stands for the San Fernando Police Department. The interviewer is listed as “Fernando” and “Fdo”, and is likely Fernando Faura, a journalist who was hot on the trail of the polka dot girl.
43. Kaiser, p. 174. This drawing is shown in Ted Charach’s video The Second Gun.
44. Kaiser, p. 175. Gugas is a past president of the American Polygraph Association.
45. Kaiser, p. 225.
46. Supplemental Report Khaibar Khan Investigation, SUS Files, prepared by R. J. Poteete.
47. “The Tehran Connection”, Time 3/21/94.
48. Fred Cook, “Iranian Aid Story: New Twists to the Mystery”, The Nation (5/24/65), pp. 553-4.
49. Cook, The Nation (4/12/65), p. 384.
50. SUS Interview of Michael Wayne (I-1096).
51. SUS files contain both proposed questions and actual questions/responses. There are several differences between sets of questions.
52. SUS Interview of William Singer (I-58-A).
53. SUS Interview of Gregory Ross Clayton (I-4611).
54. Turner and Christian, pp. 167-168, sourcing a KFWB transcript.
55. “Senator Felled in Los Angeles; 5 Others Shot”, The Evening Star (6/5/68).
56. CIA memo to the Inspector General regarding DCD’s response to the Agency-Watergate File Review. Dated 24 April 1974; released 1994, CIA Historical Review Program.
57. “Regarding” may also have been used in the sense of “While looking at”. In other words, Cesar may have shot Kennedy while not “regarding” him.
58. “Kennedy Expected Tragedy to Strike”, Dallas Times Herald (6/6/68)
59. William Blum, Killing Hope (Monroe, ME: Common Courage Press, 1995), p. 102.
Late last year, it looked like the RFK case had finally gotten a big break. Two newsman – Philip Shimkin, a CBS producer in New York, and Robert Buechler, of CBS News in San Francisco – had written to Sirhan Sirhan in prison, asking for an interview based on his recent and new claim of innocence at his last parole hearing. Sirhan forwarded CBS’s letter to his trusted researcher, to whom he has granted limited power of attorney, Rose Lynn Mangan. Mangan called up CBS and asked them to put in writing their intentions. They responded with little information, writing only that they wanted an interview with Sirhan to discuss developments in his case for a possible segment on Bryant Gumbel’s show Public Eye. Mangan told them that prison rules generally do not allow for on-camera interviews of prisoners, but that the two men could come to see Sirhan as visitors, and sent them the requisite forms.
The two went to see Sirhan in the company of Mangan, Sirhan’s brother Adel, and Sirhan’s current lawyer Larry Teeter. During the conversation, the two CBS men suggested staging a “chance encounter” with Sirhan where they could “happen” upon him in the yard outside, and film him through the fence. A genuine chance encounter with a prisoner in a public area is not prohibited. But Mangan smelled a rat, and asked Teeter to follow up with the Department of Corrections, saying that she would only recommend that Sirhan give an interview if CBS obtained written permission from the Warden. Teeter wrote to the Department of Corrections, informing them of the proposed plan (without mentioning CBS or the people involved by name), and asked the Department for guidance. A Senior Staff Counsel responded, saying that while the media “may interview randomly encountered inmates in general population areas,” the Department “vigorously objects to any plans to circumvent the Department’s media policy i.e., by prearranging to have a specific inmate present at a particular place and time.” In response to the query of what punishment might be enacted in the event of such an accident, the Department responded that “Enforcement of these policies include [sic] disciplinary action against the inmate and statewide exclusion of the media or legal personnel involved.” In other words, had Sirhan agreed to go ahead with this plot, he might have been cut off from his lawyer, his brother, his researcher and the very media people he was hoping to reach.
Why would CBS propose such a scheme? Was this approach genuinely based in a serious interest in the case, or was some other motivation at work? Shimkin and Buechler had shown particular interest in some of Mangan’s latest research, but when she showed it to them they immediately strove to find fault with it, hardly the kind of objective approach for which the group had been hoping. The CBS men suggested hiring their own expert to examine the findings in Mangan’s research. Mangan said that she would want to be present at the examination. This suggestion caused the men to suggest that would be tantamount to having Mangan run the show. As the evidence is extremely complex, Mangan wanted to be present herself to make sure that were there any questions, she would be available to answer and explain, rather than have someone guess and misinterpret what she had presented. When the CBS men flatly refused this offer, Mangan, who for years has felt that nothing would be a greater boon to this case than some serious publicity, balked, and told them “Give me back my papers.” The men went into shock, not dreaming she could be serious. They told her that the very papers they had earlier ridiculed were critical to the show’s success, and that they would not do a segment if she withdrew the papers at this time. “Give me back my papers,” Mangan repeated. She also suggested that CBS hire three experts, not just one. She suggested as an additional two both Cyril Wecht and Henry Lee, forensic experts whom she felt would do their best to deal honestly with the evidence. Using only one expert left the door open for a rigged situation, or suspicions of such. The men refused to assent to any of these suggestions, and drove off visibly perturbed by what had transpired. The Sirhan brothers, Teeter, and Mangan herself were predictably disappointed. Perhaps they would have been less so had they remembered the broadcast CBS did on the Sirhan case back in 1975.
….
This is the first of a two-part series dealing with Sirhan Sirhan’s current efforts to win an evidentiary hearing before the California State Supreme Court, and the evidence upon which that request is based. This part will focus on the evidence in the case, particularly as it relates to the gun, the bullets, and a little-known item referred to as Special Exhibit 10. The second part will deal with the question that must logically follow: If Sirhan didn’t kill Kennedy, then who did?
“If he isn’t guilty, it’s the sweetest frame in the world.”
– Los Angeles Deputy District Attorney John Howard, 1975
Have you ever seen a master magician? Have you found yourself gasping in amazement asking half-aloud, “How did he do that?” You see a man step into a box on a hollow platform that’s immediately hoisted into the air. Within seconds, the man you saw get into a box that still hangs in front of you appears from behind you in the audience, walking down the aisle. Your eyes have convinced you this is not possible, because you saw the man get into the box. Yet there he is, the impossible made real. Such a trick is called a grand illusion, designed to confuse and deceive. Most enjoy being deceived in this manner; few want to puzzle the evidence through logically to the only possible conclusion of how such a trick has to be done. After all, the man cannot both be in the box and on the ground at the same time!
The assassination of Robert F. Kennedy is also a carefully constructed illusion, designed to confuse and obfuscate. Imagine what the eyewitnesses in the crowded pantry saw. Robert Kennedy had obviously been shot, and Sirhan was firing a weapon. Sirhan must have killed Kennedy. And yet, the physical evidence does not support this conclusion. Sirhan cannot have killed Kennedy any more than the magician could be both in the box and in the audience. It is not physically possible. And just as only another magician or an extremely perceptive observer can tell you the truth behind the box illusion, only the conspirators themselves or perceptive observers can throw light on the events of June 5, 1968.
The quantity of people who have seriously investigated the RFK assassination is surprisingly small, given the large number of people who have at some point or another devoted time and energy to learning the facts surrounding the assassination of Bobby’s older brother John. But what this small, dedicated group of citizens has uncovered is astonishing. The evidence they have uncovered deserves to be dealt with honestly in a court of law. In fact, a writ has been filed on Sirhan’s behalf and is before the California Supreme Court at the time of this writing. Sirhan’s family and legal representatives are asking the court to hold an evidentiary hearing, based on newly discovered evidence.
As this article will show, justice in this case has yet to be served. This author is aware that an extraordinary claim requires extraordinary evidence. Tireless researchers such as Bill Turner, Jon Christian, Greg Stone, Philip Melanson, Ted Charach, Rose Lynn Mangan and Sirhan’s own family have discovered much over the intervening years. Mangan in particular has come up with evidence that should properly cause any court to doubt the legitimacy of the case against Sirhan. This article owes much to her guidance through the snaking paths of contradictory evidence, and her assistance has been both generous and exacting.
In the case of Watergate, Deep Throat advised Bob Woodward to “follow the money.” If Deep Throat had anything to say about this case, it would be “follow the bullets.” Nothing is more important in a murder conviction than establishing that a certain person, by means of a certain gun and certain bullets, caused the death of another. The chain of evidence is critical in any such case. As will be shown, the chain of evidence here resembles not a chain at all, but a patchwork quilt made from squares of dubious origin. Hitler once wrote that the bigger the lie, the more likely people are to believe it, since few people can imagine telling so gross a lie. It is perhaps the size and nature of the lies in this case that have made the fictitious version of the event seem more plausible than the real one.
There is no quick way to tell the incredible story of this case. It defies abbreviated summation. Those who wish to learn the truth must first find within themselves the requisite patience and interest necessary to discover it.
Not long after midnight, on the morning of June 5, 1968, Senator Robert F. Kennedy finished up his victory speech at the historic Ambassador Hotel on Wilshire Boulevard in Los Angeles. He had just won the California primary in his effort to secure the Democratic nomination to be that party’s presidential candidate in November. As Kennedy was about to leave the stage, a fateful event occurred. LA Rams tackle Roosevelt Grier, who had been working with Kennedy’s California campaign, would tell the LAPD:
Well, first of all, we were up on the stage, and they said they was going off to the right of the stage, and at the last minute … Bill Barry decided to change and go a different direction because people had found out which way the senator was going to go, and we had to go downstairs to another ballroom where people were waiting. This was a press gathering here, and so Bill Barry and someone else took the senator down and I was lifting Mrs. Kennedy down from the stairs and we started walking….1
As Kennedy left the podium, he walked down a ramp and entered a pair of swinging doors, heading east. Between the stage and the press area was the kitchen pantry, where food for guests at the Ambassador was prepared.
Ma – tre d’ Karl Uecker gripped Kennedy’s right wrist with his left hand. Ace Guard Service employee Thane Eugene Cesar joined Kennedy as he went through the double doors into the pantry, touching his right elbow. Bill Barry, an ex-FBI man who was ostensibly serving as Kennedy’s bodyguard had fallen behind Kennedy as he entered the pantry.
As they headed east through the room, Kennedy stopped every few feet to shake the hands of hotel workers. The last hand he shook was that of busboy Juan Romero. Uecker pulled Kennedy as he moved forward. The tiny kitchen held, by official count, 77 people (including Sirhan and the shooting victims) who were possible witnesses to what happened next.
Uecker related that with Kennedy still in hand, he felt someone sliding in between himself and the steam table about two feet away from where he stood. Busboy Juan Romero and waiter Martin Patrusky saw Sirhan approach Kennedy, as did Lisa Urso, a San Diego high school student. Urso saw Sirhan push his way past her towards the Senator. She thought he was going to shake his hand, then saw a movement that made her stop in her tracks in frightened anticipation. Vincent DiPierro, a waiter who had observed Sirhan standing and talking to a pretty girl in a white, polka dotted dress earlier that night, heard someone yell “Grab him” a split second before the shots were fired. Somebody reported Sirhan saying, “Kennedy, you son of a bitch,” and then firing at Kennedy with his hand outstretched.
Uecker felt Kennedy slip from his grasp as he fell to the ground. Screams were heard as bystanders Paul Schrade, William Weisel, Ira Goldstein, Erwin Stroll and Elizabeth Evans were hit by flying bullets. Kennedy suffered gunshot wounds in three different places, with a fourth bullet passing through his coat without entering the skin.
Uecker immediately grabbed Sirhan’s hand and forced it down onto the steam table. A swarm of men descended upon Sirhan, surrounding him, holding the gun. Decathlon champion Rafer Johnson, Grier, George Plimpton and others formed a barricade around Sirhan, one holding his head, another with a finger in the trigger to prevent additional shots, another grabbing Sirhan in a crushing bear hug.
Uecker and DiPierro reported initially hearing two shots, followed by a flurry. DiPierro told the LAPD, “I saw the first two go off. I saw them actually.” Several witnesses reported hearing one or two shots, and then a pause. Then all hell broke loose. Witnesses not within eyesight of what was happening thought they were hearing balloons popping or firecrackers. Los Angeles photographer Boris Yaro, in a phone interview with Robert Morrow, recounted his memory of the event:
There was either one or two shots fired. O.K. And then, boom, boom, boom, boom, boom. There was a pregnant pause between those two because my initial impression was some jackass has set off firecrackers in here; because I got hit in the face with debris…And then it hit me. Oh, my God, it’s happened again.2
Sirhan was eventually subdued, and taken into police custody.
The police created a unit – originally named “Special Operations Senator,” and renamed a week later “Special Unit Senator” – to investigate the circumstances surrounding the assassination. The unit put together the evidence that became the basis of the prosecution’s case against Sirhan.
Sirhan’s defense team stipulated to his guilt. The trial of Sirhan Bishara Sirhan was a trial solely for the purpose of determining his sentence, not whether or not he really was guilty of the crime. Sirhan himself, to the belief not only of his defense team but to the belief of the prosecution as well, truly could not remember the incidents of that night. His defense only offered that he had not been in control of his senses at the time of the killing. Not surprisingly, given such a defense, Sirhan was sentenced to death, a sentence which was commuted by the abolishment of the death penalty in California. The illusion was complete. A deranged lone gunman had killed another Kennedy. Most people, even those fairly knowledgeable about the John Kennedy assassination, assumed that this time, the truth was self-evident.
It is due to the success of this grand illusion that to date, there has never been a serious official investigation of the strange facts surrounding this case. It is the most politically incorrect of all cases. So many people saw Sirhan firing, and Kennedy fell just a short distance away. How could the truth be other than what it seemed? Could that many people have misrepresented the case to us, including Sirhan’s own defense team? Could officials now serving at the higher levels of our state government have really been accessories after the fact to a deliberate cover-up?
Ironically, as this article will show, it was the efforts of those who – by any means necessary – strove most to prove Sirhan guilty, who created the evidence that may yet serve to set him free.
Police, FBI and press photographers swarmed into the pantry, each recording in their own way what had transpired that night. The photos told a story that was opposite what the police and the District Attorney’s office was telling. There were too many bullets to be accounted for. To limit the record to the maximum number of bullets Sirhan’s gun could have fired, eight, the official account of what transpired had to be stretched in some extraordinary – and ultimately dishonest – ways.
The trajectory study conducted by the Los Angeles Police Department was so superficial for a case of this enormous magnitude and complexity as to be embarrassing to the professional reputation of that Department. – Paul Schrade3
One of the most ridiculed aspects of the John Kennedy assassination is the preposterous claim that one bullet created seven wounds. In that case, we are asked to believe that a bullet entered Kennedy’s back at a downward angle, exited from his neck (at an upward angle), turned around and went back down into Connally’s back, exited Connally’s chest, entered and exited (and shattered) Connally’s wrist to land, in near pristine condition, in his thigh, only to work its way out and to end up, undiscovered until by accident, on a cot in the hall of the hospital. This bullet, known among researchers by its Warren Commission exhibit number, CE399, has been called, appropriately, the “magic bullet.” Science had been changed. No longer did bullets fly in straight paths; they imitated instead the paths of stunt pilot barnstormers such as the Great Waldo Pepper of movie fame.
The Robert Kennedy assassination requires not just one but several magic bullets to reduce the bullet count to eight. Without even getting into the evidence that there were more bullets than Sirhan’s gun could hold, let’s focus first on the route those eight supposedly took, according to the official LAPD summary.
As you will recall, five people were shot besides Kennedy, one of whom was shot twice; Kennedy himself was shot four times. Doesn’t that add up to ten bullets? Not if the LAPD could come up with some magic ones.
The bullet that pierced Kennedy’s coat without entering him took a path of roughly 80 degrees upwards. The bullet was moving upwards in a back to front path (as were all of Kennedy’s wound paths). But the LAPD figures this must be the bullet that hit Paul Schrade. Had Schrade been facing Kennedy, he would still not be tall enough to receive a bullet near the top of his head from that angle. But he was not standing in front of Kennedy. He was behind him by all eyewitness accounts, and as shown by the relative positions where the two fell after being hit.
For Sirhan alone to have made all the shots, we are asked to believe that one of the bullets that entered Kennedy’s coat just below the armpit exited up and out of the coat just below the seam on top of his shoulders, and then pulled a U-turn in midair to hit Schrade in the head. Schrade has been one of the most persistent in calling for a new investigation of this case for precisely this reason. He knows the report is incorrect, and if it’s incorrect, there had to be at least one more gun firing in the pantry.
Ira Goldstein had been shot twice, although one shot merely entered and exited his pant leg without entering his body. He was less fortunate on a separate shot, which entered his left rear buttock. But since there were no bullets to spare, according to the LAPD’s strict adherence to the eight-bullet scenario, the pant-leg bullet was made to do double duty. According to the LAPD, after passing through his pants, the bullet struck the cement floor and ricocheted up into Erwin Stroll’s left leg. The only bullet that seemed to take a plausible path was the one that hit Weisel in the left abdomen.
One of the big problems the LAPD had with the crime scene was the number of bullet holes in the ceiling tiles. Based on witnesses’ recollections, there were too many holes to account for. There are photos of the LAPD running strings through bullet holes in the ceiling to establish trajectories. Somehow, these had to be accounted for.
Elizabeth Evans had bent over to retrieve a shoe she had momentarily lost. Suddenly she felt something had hit her forehead. Medical reports confirm that the bullet entered her forehead below the hairline and traveled “upward”, fitting the scenario she remembers. But because the LAPD needed to account for some of the bullet holes in the ceiling, they decided that a bullet from Sirhan’s gun had been fired at the ceiling, entered a ceiling tile, bounced off something beyond the ceiling tile, reentered the room through a different ceiling tile, and struck Evans in the forehead. This bullet must have pulled more of a hairpin turn then a U-turn, if the LAPD’s version and the medical reports are to be merged.
This left still one unaccounted for hole in the ceiling. Or rather, at least one. We don’t know how many holes there were because the tiles were destroyed. But the LAPD knew that there were more than two holes in the ceiling. One of the bullets that entered Kennedy passed straight through on a near vertical path, parallel to the one that entered the coat, but not the body, of Kennedy (the one that supposedly terminated its path in Schrade’s head). This bullet supposedly passed through Kennedy and continued on upwards into the ceiling. Since Kennedy was facing Sirhan, and the bullet entered back to front, that would aim the bullet into the ceiling nearly directly above Sirhan’s head, according to witness placements of Kennedy and Sirhan. And indeed, there was a tile removed from that very spot. But Sirhan’s arm is not the many feet long it would have taken to reach around Kennedy to shoot him from behind, while standing several feet in front of the Senator.
As we have seen, the official police reports strove to present a plausible scenario for where each bullet went. And even if one accepts the accounts above as legitimate, despite the important difficulties in those trajectories, the problem is bigger still. There is a substantial amount of evidence to show that more than eight bullets had been fired in the pantry that night. And if there were more than eight bullets, Sirhan was not a deranged, lone gunman, but somehow part of a conspiracy which has yet to be officially acknowledged.
Evidence of additional bullets surfaced nearly immediately. On June 5, an AP photo was published showing two police officers pointing at something in the center frame of the swinging doors that led into the pantry. The caption read, “Bullet found near Kennedy shooting scene”. In 1975, Vincent Bugliosi, who was then working with Schrade to get the case reopened, tracked down the two police officers depicted in the photograph. To that time their identity had been unknown. Bugliosi identified the two officers as Sgt. Charles Wright and Sgt. Robert Rozzi. Both Wright and Rozzi were sure that what they observed was not only a bullet hole, but a hole containing a bullet.
If the hole contained a bullet, then it would have been the ninth bullet, since seven bullets had been recovered from victim wounds and the eighth was to have disappeared into the ceiling (necessary to account for acknowledged holes in the ceiling tiles). So any additional bullet presented a serious problem for those wishing to state there was no conspiracy.
In a declaration filed with the courts, Bugliosi stated:
Sgt. Rozzi had told me and he told me unequivocally that it was a bullet in the hole and when I told him that Sgt. Rozzi had informed me that he was pretty sure that the bullet was removed from the hole, Sgt. Wright replied “There is no pretty sure about it. It definitely was removed from the hole, but I do not know who did it.”
Shortly after the assassination, the LAPD removed the doorjambs and ceiling panels in the Ambassador Hotel and booked them into evidence. One has to wonder why someone would tear off a doorframe or book a ceiling panel into evidence if it contained no evidence of bullets.
Investigative reporter Jonn Christian found a Chicago Tribune article authored by Robert Weidrich. Weidrich had evidently been in the pantry as the doorjamb was being removed, for his account contained the following information:
On a low table lay an 8-foot strip of molding, torn by police from the center post of the double doors leading from the ballroom. These were the doors through which Sen. Kennedy had walked….Now the molding bore the scars of a crime laboratory technician’s probe as it had removed two .22-caliber bullets that had gone wild.4
Philip Melanson contacted Weidrich in December of 1988. To that point Weidrich had not been aware of the controversy surrounding the number of bullets in the pantry. He told Melanson that the police in the room had been “amazingly cooperative”, answering his questions and allowing him access. At that point, neither the police nor any reporters present could have known how significant additional bullet holes would be.
Amongst a great deal of additional evidence that will not be discussed here, perhaps the strongest piece supporting the contentions of Rozzi and Wright came from the FBI. The FBI had taken their own photos of the pantry after the assassination. Three photos in particular have been particularly important to this discussion, photos E-1, E-2, and E-3. The official FBI report of these photos labels them as follows:
E-1 View taken inside kitchen serving area showing doorway area leading into kitchen from the stage area. In lower right corner from the photo shows two bullet holes which are circled. The portion of the panel missing also reportedly contained a bullet.
E-2 A close up view of the two bullet holes of area described above.
E-3 Close up view of two bullet holes which is located in center door frame inside kitchen serving area and looking towards direction of back of stage area.
Bullets do not create bullet holes in wood frames behind victims, exit those holes in the reverse direction, and then circle around to enter victims from the front! There is no way to account for these holes using the existing victim wounds. Two bullet holes in the doorframe would make 10 bullets overall at a minimum.
This particular point so worried the County of Los Angeles that in 1977, Investigator Robert Jackson, writing for Chief Administrative Officer Harry L. Hufford, asked the FBI for any clarification they might offer regarding these photos. The full text of this interesting letter is included here:
Dear Sir:
In the course of an inquiry by the Los Angeles Count Board of Supervisors into certain aspects of the physical evidence at the Senator Robert F. Kennedy assassination, questions have arisen concerning certain FBI photographs. These photographs, purportedly taken by Special Agent Greiner and numbered E-1, E-2, E-3 and E-4, are captioned “bullet holes”.
If these were, in fact, bullet holes, it could be inferred that more than one gun was fired in the pantry during the assassination. Mr. Allard Lowenstein, Ambassador to the United Nations, among others, has maintained that a possibility exists that another assassin was present. Mr. Lowenstein and other critics of the official version have referred to the above photographs as representing the official opinion of the FBI inasmuch as the captions are unequivocal in stating “bullet holes”.
If the captions had said possible, probable, or apparent bullet holes, one could assume that no precise examination had taken place at the time the photographs were taken. However, the captions would lead one to believe that a determination had been made by someone with the requisite knowledge and skills.
The dilemma we are faced with is that the photograph captions are being used as evidence of the official FBI position in the absence of any other official stated position.
If more bullets were fired within the pantry than Sirhan Sirhan’s gun was capable of holding; we should certainly find out who else was firing. If, in fact, the FBI has no evidence that the questioned holes were bullet holes, we should know that so that the air may be cleared.
It is therefore requested that the official position of the FBI regarding these bullet holes be relayed to this office.
Thank you for your cooperation.5
To date, no record of any formal reply to this appears to have surfaced. In addition, new corroboration for this evidence came in 1975, when Vincent Bugliosi tracked down Martin Patrusky, a waiter at the Ambassador and an eyewitness to the shooting. Patrusky gave Bugliosi a signed statement describing all the events he could recall that related to the assassination and its aftermath. He recounted being at the hotel when a few days after the assassination, the LAPD arrived to do a reconstruction of the crime. Patrusky wrote, “Sometime during the incident, one of the officers pointed to two circled holes on the center divider of the swinging doors and told us that they had dug two bullets out of the center divide.”6
One final witness whose credibility is hard to shake is FBI agent William Bailey, who stated in an affidavit that he and several other agents of the FBI noted at least two small caliber bullet holes in the center divider. He added, in refutation to the hilarious claim that these holes were made by food carts, “There was no question in any of our minds as to the fact that they were bullet holes and were not caused by food carts or other equipment in the preparation room.”
Inexplicably, not only has the LAPD denied that there were additional bullet holes in the pantry, they destroyed the evidence that could have proven their claims true! On June 27, 1969, a destruction order was issued for the ceiling panels and doorjambs which had been removed from the Ambassador and booked into evidence.7 Given that the AP photograph was circulated on June 5, 1968, it seems beyond the realm of plausibility that such an order could have been given in ignorance of the suspicions that would surely surround the doorjamb and ceiling panel evidence.
Ten bullets (and likely more) would indicate that at least two guns were being fired in the pantry that night, and that a conspiracy had been at work. But if more guns were firing, why didn’t anyone report this? Or did they?
Contrary to popular belief, there were witnesses who indicated that more than one gun had been present in the pantry that night. Consider the following statements:
“It sounded as if there was more than one gun being used at that point.” – Booker Griffin to the LAPD, 7/25/68.
“After the shots, I saw to my left a guard holding a revolver.” – Statement attributed to Richard Lubic in a manuscript analyzed in the LAPD files.
“But the security guard had a gun and I think he went like this [drawing a gun] or he put it in a holster or something…” – Lisa Urso to Dr. Phil Melanson.
“I’m pretty doggone sure he [a security guard] fired his gun.” – Don Schulman to the DA’s office in 1971, reiterating his earlier comments to a reporter on 6/5/68.
“TV reportsÖ.suspect shot at guard, guard shot suspect in the leg.” – Intelligence Division log entry from 6/5/68, LAPD.
“Two or three seconds after Kennedy entered the kitchen, he heard 8 or 9 shots in quick succession. (He thought there had been two guns.)” – LAPD interview of Roy Mills, 8/9/68.
“The guy with the gun could have left. No one seemed to pay any attention.” – Darnell Johnson to LAPD, 7/24/68.
“My God, he had a gun and we let him go by.” – Joseph Klein, referring to a man leaving the pantry in the hurry while Sirhan was being subdued, to LAPD, 7/3/68.
“We had reports from two of the eyewitnesses that there were two assailants involved.” – Larry Scheer, KTLA live broadcast footage from 6/5/68.
This is by no means intended to represent a comprehensive list of such statements, but is included here to show that the LAPD had no reason to assume from the start that Sirhan was the only person firing in the pantry that night.
There were Ace Security Guards in the room that night. One of them, Thane Eugene Cesar, told the LAPD the morning of June 5th that when he saw a gun in an extended arm, he reached for his own gun. Incredibly, no one from LAPD asked to see Cesar’s gun, or even inquired as to what kind of gun he had on him! If it was not standard procedure, then someone should have followed up with Cesar as to just why he did have a gun that night. If it was standard procedure for guards to carry guns, then the LAPD should at least have questioned each of the guards about their guns, and perhaps should have confiscated and tested them. Cesar once told Ted Charach, “there were three of us [guards who] had their guns out [when the shooting began.]”8
Those who have wished to refute the evidence of conspiracy in this case just choose to ignore statements such as those shown here. People were just confused, or mistaken, and even if Cesar had his gun out, there is no evidence that he fired. Those people should remember, however, that absence of evidence is not evidence of absence, and it would have been prudent for the LAPD to thoroughly investigate these claims if only to refute them. Cesar, for example, claimed to have a .38 on him. But the police never asked to see the gun, never fired any test shots, never followed up on the evidence of too many bullets that necessitated the presence of at least one additional gun.
The perplexing lack of curiosity is amplified by the fact that at least for the next several days, LAPD officers were far from sure that Sirhan was acting alone. In fact, even before Sirhan was taken to the Rampart Station, an APB had been put out on two very different suspects: a man in a gold sweater and a girl in a polka-dot dress.
Immediately after the shooting, 20-year old “Youth for Kennedy” volunteer Sandy Serrano saw something disturbing, and reported it immediately to both the press and the police. A recent BBC special included the video of the live interview of Sandy Serrano from this night. She was very credible, very sure of what she had heard. She told Sander Vanocur of NBC about a wild encounter she had just had. At 2:35 a.m. on June 5th, and several additional times that morning, she repeated this story to the LAPD. Earlier in the night, she had seen a young woman in a white dress with black or dark blue polka dots walk up the back stairway of the Ambassador hotel, accompanied by two men – one in a white shirt and a gold sweater, the other looking dirty and out of place, “boracho,”9 under 5’5″, with bushy dark hair. Shortly after hearing what she assumed were backfires from a car, the woman and one of the men came back down the stairs, in an excited fashion, talking loudly. She described the encounter in this way:
She practically stepped on me, and she said, “We’ve shot him. We’ve shot him.” Then I said, “Who did you shoot?” And she said, “We shot Senator Kennedy.” And I says, “Oh, sure.” She came running down the stairs, very fast, and then the boy in the gold sweater came running down after her, and I walked down the stairs.”10
Serrano’s description of the third man in this group, the one who had gone up but had not come back down, bore a strong resemblance to Sirhan.
An older couple who spoke to the first policeman to arrive at the scene provided confirmation of Serrano’s story. Sergeant Paul Sharaga had only been a block away from the hotel when the call came that shots had been fired at the Ambassador Hotel. Sgt. Sharaga recounted this event to author Dan Moldea as follows:
I arrived at the hotel, and there was mass confusion. I got up on the parking lot, and there were people running in all directions.
Right away, an older Jewish couple ran up to me, and they were hysterical. I asked them, “What happened?” The woman said that they were coming out of the Ambassador Hotel by the Embassy Room, when a young couple in their late teens or early twenties, well dresssed, came running past them. They were in a state of glee. They were very happy, shouting, “We shot him! We shot him!” The older woman asked, “Who did you shoot?” The girl said, “Kennedy, we shot him! We killed him!”
ÖThis put this old Jewish woman into hysterics. She was still in hysterics at the time I talked to her. The one thing I learned during my many years in the police department is that remarks that are made spontaneously are seldom colored by people’s imagination. These were spontaneous remarks from this couple. As far as I was concerned, that was the most valid description available.11
Sharaga put out APBs on both the male and female suspects. The female was described in the APB as follows:
Prior to the shooting, suspect observed with a female cauc., 23/27, 5-6, wearing a white viole dress, 3/4 inch sleeves, with small black polka dots, dark shoes, bouffant type hair. This female not identified or in custody.12
An early entry in the LAPD’s log of radio dispatches contains the entry of the male suspect just before 12:30 a.m.:
description of a suspect in the shooting at 3400 Wilshire Boulevard, male Caucasian, 20 to 22, 6′ to 6’2″, built thin – blond curly hair, wearing brown pants and a light brown shirt, direction taken unknown at this time.
Sirhan was short, dark-haired, and wearing a light blue shirt and blue pants. The police were already looking for two other suspects besides Sirhan within minutes of the shooting. A third suspect is referred to in the following LAPD broadcast log. Note how the talk of multiple suspects becomes a cause for concern. (The number 0034 refers to the time, 12:34 AM.)
114 to 33, … Is the suspect in custody or what’s the story?…
0034
He left there approximately five minutes ago. He was taken into plus – in custody in a police car, and there was another suspect being held within the building, and I sent Nunley into –
114 to 70 Boy, one suspect in custody. One suspect inside the building. Is there a supervisor up at the station? …
0113
2L30, 2L30, come in.
2L30, go.
2L30, the description we have is a male Latin, 25-26, 5-5, bush hair, dark eyes, light build, wearing a blue jacket and blue levis and blue tennis shoes. Do you have anything to add?
2L30, that’s not the description that I put out.
2L30, the description I put out was a male Caucasian –
0114
– 20 to 22, approximately 6′ to 6’2, sandy blond curly hair, and wearing brown pants and a light tan shirt.
Rampart Base Station to Tac 1 units, we now have a base station set up in the watch commander’s office, Rampart Station. KMA 367.
2L10, go.
2L30 Roger. 2L30, would you suggest I contact Rampart Detectives and find if this suspect is in custody?…
Affirmative 21-1 Attn units in the vicinity of the Ambassador hotel, Sups descrip is a male, cauc, 20/22, 6′ to 6’2 Sandy blond curly hair Brn pants Lt. tan shirt. end of description
2L30 to control come in
2L30 go ahead
2L30 Code 2 on that Bus
affirmative…
0143…
2L30 the 2nd suspect came from a witness who was pushed over by this suspect. Witness and his wife we have name and address
0144
The Juv officers who were collecting witnesses initially have a sheet of paper with the name and address and phone number of this witness.
What proximity to the shooting were these people
Staff 9 Staff 9 Come into Control 1
– to 2L30 in what proximity where these 2 witnesses [sic]
2L30 they where adjacent to the room [sic]
2L30 Disregard that Broadcast, we got Rafer Johnson and Jesse Unruh who were right next to him and they only have one man and don’t want them to get anything started on a big conspiracy. This could be somebody that was
0145
– getting out of the way so they wouldn’t get shot. But the people that where [sic] right next to Kennedy say there was just one man….
2L30 to control disregard my broadcast. A description M/C 20-22 6′ to 6’2 this is apparently [sic] not a correct description. Disregard and cancel.13 [Emphasis added.]
That others were being considered seriously by the LAPD as suspects in the original shooting is not surprising. What is surprising is how quickly they were willing to dismiss these suspects; a curious bias displayed overtly, on the record, and just over an hour after the shooting. Had this been the first political assassination of a Presidential figure by the name of Kennedy in this country, such an attitude, while surprising, may have been normal. But after all the questions raised in the aftermath of President John F. Kennedy’s assassination, such a cavalier dismissal of the evidence of additional suspects becomes more serious. As Los Angeles Chief of Detectives Robert Houghton reported in his book about the case, it wasn’t as if no one was making the connection:
Inspector [John] Powers had instructed Communications Division at 1:44 a.m. to cancel its broadcasts of Sharaga’s “second suspect” the male Caucasian with blond curly hair, after satisfying himself that it was a false lead….
Thoughts of accomplices were much on the minds of both [Captain Hugh] Brown and Powers. Had the man they were holding really been alone? Could it possibly be a foreign conspiracy? Could it be the first in a series of assassinations planned in the midst of national election campaigns in order to paralyze the entire nation? Or was this perhaps the second? Just two months had gone by since Dr. Martin Luther King, Jr., was murdered. As yet, there was no suspect in that killing. Could it possibly be the third? Dallas, Memphis, Los Angeles?14
Houghton fails to explain how Brown was able to “satisfy himself” that the APB should be cancelled when he harbored such dark thoughts and when an hour was hardly long enough to get to the bottom of a conspiracy. But this would become the modus operandi of many at Special Unit Senator, the LAPD task force created to investigate the circumstances of the assassination. While one public official after another proclaimed that they “didn’t want another Dallas”, they avoided, denied, and as we will see lied and even destroyed evidence, creating in effect a second “Dallas”.
The evidence in the pantry presents many problems. There were too many bullet holes than could be accounted for by one gun. At least one other gun was present in the pantry, and possibly more as well. Suspicious characters fled the scene, one laughing, “We killed him.”
In the final analysis, we will find that not one of the bullets recovered from the pantry victims was ever legitimately matched to Sirhan’s gun. There is even reason to doubt the gun currently recorded as Sirhan’s gun was the one he fired that night! And if we follow the evidence, we will reach the point where we must seriously question the case for Sirhan’s guilt, even if there was a conspiracy.
This begins to sound like a rip-off of an X-Files episode. Yet it is no fiction; it is the bizarre reality presented by the official records of the case.
One of the most problematic pieces of evidence for the case against Sirhan’s having fired the shots that killed Kennedy is his distance from Kennedy. Autopsy evidence showed that all four bullets that entered Kennedy’s body and clothes were fired at a distance no greater than six inches, and that the fatal head shot was fired at a distance of no greater than two inches. Yet all the eyewitness testimony puts Sirhan’s gun muzzle at a range of from one and a half to three feet from Kennedy. Sirhan would have had to be standing considerably closer to have been able to position the gun close enough to Kennedy’s head to have produced the stippling patterns found during the autopsy.
The LAPD had a list of the “five best” witnesses who were in a position to see both Sirhan and Kennedy. These were (in alphabetical order): Frank Burns, Martin Patrusky, Jesus Perez, Juan Romero, and Karl Uecker. Others close by who had an opinion on the distance included Richard Aubrey, Vincent DiPierro, Pete Hamill, Richard Lubic, Edward Minasian, Valerie Schulte, Lisa Urso, and Boris Yaro.
Phil Melanson questioned Frank Burns about his recollection as to distance in 1987. Burns told him that there were “several feet” between Sirhan and Kennedy. Burns did a mock recreation of the scene in his office, and positioned the gun about three to four feet from Kennedy’s head.15 Martin Patrusky, in the signed statement he gave to Bugliosi, specified the distance between the gun muzzle and Kennedy at “approximately 3 feet.”16 I have been unable to find a record of Perez’s opinion on the distance.
Juan Romero reported the gun being “approximately one yard from the senator’s head.”17 Romero, incidentally, did not identify Sirhan as the gunman at the trial. Asked if anyone in the courtroom resembled the killer, he said no. Asked specifically if the defendant, pointed out to him, was the assassin, he replied, “No, sir. I don’t believe that’s him.”18 Uecker, considered by the prosecution to be their “star witness”, was not asked to speak on the question of the distance at the trial. Uecker, however, gave a written statement later to Congressman Allard Lowenstein in 1975. At that point, Lowenstein was seriously considering calling for a reinvestigation of the case. In his statement, Uecker said:
[T]here was a distance of at least one and one-half feet between the muzzle of Sirhan’s gun and Senator Kennedy’s head. The revolver was directly in front of my nose. After Sirhan’s second shot, I pushed his hand that held the revolver down, and pushed him onto the steam table. There is no way that the shots described in the autopsy could have come from Sirhan’s gun. When I told this to the authorities, they told me that I was wrong. But I repeat now what I told them then: Sirhan never got close enough for a point-blank shot.19
Richard Aubrey heard the shots and saw a blue flame from the gun. He told the LAPD that Sirhan was six or seven feet ahead of Senator Kennedy.20 Vincent DiPierro told the Grand Jury that Sirhan was four to six feet from Kennedy.21 Hamill put the gun at a distance of at least two feet from Kennedy; Minasian put the gun barrel about three feet away; Schulte put it six feet away, and Urso said the distance was “three to six feet”.22 Boris Yaro has been the only witness to put the gun inside of one foot from Kennedy; however, Yaro was also looking through a camera viewfinder in a foreshortened sightline, and told the FBI that Sirhan and Kennedy were “little more than silhouettes.”23
Clearly, Sirhan was just not close enough to have fired the shots described by the wounds. In addition, even if Sirhan had been close enough, it’s unlikely he would have been able to position his right hand at Kennedy’s right ear and behind Kennedy’s back to shoot upwards at angles near 70 degrees to the vertical, considering that Kennedy’s body, if not his head as well, was reported to be facing Sirhan.
Solve this one for yourself. Place a friend in front of you and slightly to your left, as Kennedy was reported to be in relation to Sirhan. Now, with your right hand, reach around behind your friend’s head with your right hand, as if you held a gun. Feel the awkward flexion required of your wrist to position yourself in such a manner. And even if your friend obligingly turns his or her head, you would still, from your position in front of and slightly to the right of your friend, need to reach around the right backside of your friend and fire upwards, and in a back-to-front direction, into the back bottom of your friend’s armpit.
Now of course, you could just cheat and turn your friend’s back to you. Anything is possible if you are willing to alter the evidence in this case. Evidently, the LAPD felt the same way, for that is exactly what they did. Regardless of the testimony, they constructed their own scenario of how the bodies were positioned. Despite the fact that they used actual witnesses and filmed reenactments that made a farce of their scenario, the LAPD decided that the only way to prove their case was to make all the witnesses wrong, and their postulation right.
Los Angeles District Attorney Evelle Younger, in one of the most provably inaccurate statements ever uttered by a public official about this case, shrugged off the distance problem with the following:
If somebody says one inch and somebody else says two inches, that’s a discrepancy. But the jury didn’t think it was significant and neither did I.
Younger’s statement lies on two counts: 1) the “discrepancy” is a distance of a foot and a half or more, not an inch or two, and 2) the jury was never made aware of the distance problem during Sirhan’s trial. And even assuming Sirhan’s defense team would have acted honestly with this information had they taken the time to understand it, they were not given that chance.
“I’ll never forget reading that autopsy report. By God, the whole cosmos shook.” – Allard Lowenstein (New York Post, 5/19/75)
People who get this far in the case inevitably ask, how could Sirhan’s defense team not have brought this discrepancy into evidence? According to Robert Kaiser, a LIFE magazine reporter who was serving as an investigator for the defense in this case, the official autopsy report was not made available to the defense until after Sirhan’s trial had commenced on January 7th, 1969. The first mention of the autopsy report from the defense appears in a memo dated February 22, 1969 that Kaiser wrote to Sirhan’s lead attorney, Grant Cooper, indicating that the report showed the gun was fired from a distance of one to two inches. In a sworn statement that accompanies Sirhan’s current writ, Kaiser states that he usually reported anything he found within a day or two of discovery, so it seems unlikely that the defense team had the report much sooner than a couple of days preceding the date on Kaiser’s memo. Kennedy had died on June 6, 1968, and the autopsy had been performed immediately upon his death.24 In the SUS card index, a card labeled only “Medical” reports: “Coroners protocol – Final Summary: 10 pages received 11-27-68.”
What could possibly have kept the autopsy report from being delivered for nearly six months? Was it held back to keep the defense from figuring out that Kennedy was shot at a distance that could not be reconciled with the consistent reports as to Sirhan’s position relative to Kennedy’s?
The autopsy report discusses the three wounds in Kennedy. The wound numbers are not meant to correspond to the order of entry of the bullets, which could not be determined. Wound #1 was to the head, the actual fatal wound. The bullet that entered fragmented into a couple of large and many tiny pieces. Two wound tracks were visible in the X-rays. Wounds #2 and #3 were fired from near the back of Kennedy’s armpit and traveled upward at angles of respectively 59 and 67-70 degrees to the vertical, moving back to front. Wound #2 was described as a “through and through” wound. Wound #3 was caused by a bullet moving in a nearly parallel path, but the bullet did not exit the skin, lodging near the 6th cervical vertebrae, just about where the neck meets the back. All three bullets traveled back to front, right to left, and upwards. There was a fourth bullet that passed through the outside of his coat without entering his skin, also traveling the same path. This, recall, was the bullet that was to have entered Paul Schrade’s head. The killer would have nearly had to be touching Kennedy from behind his right side to have fired any of these shots. Powder tests were conducted by LAPD Criminalist DeWayne Wolfer, and by Coroner Noguchi. Both concluded that the firing distance, based on comparable patterns produced by test firings, was approximately one inch.
By now, most people would be convinced that it was not possible for Sirhan to have been the sole gunman. Dan Moldea, who until recently seemed to be calling for a new investigation, wrote in his book on the case that he feels Kennedy must have somehow been in the correct position for Sirhan to have made all the shots, and that the eyewitnesses all just missed that crucial moment. As bizarre a deduction as that is, let’s follow that for a moment and see where it takes us. Were that true, one would expect, at a minimum, to find some evidence that the neck bullet found in Kennedy from Wound #3, and the bullet fragments from the fatal bullet in the head, could be matched to Sirhan’s gun. Most people who have heard passing news about the case over time assume this has been done. Most people are in for a surprise.
On the morning of the autopsy, June 6, 1968, bullets and bullet fragments were removed from Kennedy’s body. The neck bullet had not been removed immediately because it was not life threatening. The surgeons had focused on removing bullet fragments from the head. The autopsy report states that fragments were recovered from Kennedy’s head. Wolfer’s log, however, reports receiving a “bullet” from Kennedy’s head, and even indicates that color photographs were taken of this “bullet”. In the autopsy report, a 6 x 3 x 2 millimeter fragment was found in Kennedy’s head, but no mention is made as to this fragment’s recovery. Slides are taken, and fragments are in evidence, but nowhere in the autopsy report does it state who took the fragments or who booked them into evidence.
In the summary section of the report, under the heading “Bullet Recovery” for Wound #1, you will find only “see text.” But within the text of the section regarding Wound #1, there is no mention of the recovery of fragments, although many fragments were seen and described. Fragments were recovered and are in evidence, but there is no record in the report of whom the fragments were given to or when. Yet under both the summary and within the text for Wound #3, there is a specific reference to the bullet found, its removal and the all-important markings made to preserve the chain of evidence. The following detailed description for Wound #3 is provided in the report:
A deformed bullet (later identified as .22 caliber) is recovered at the terminus of the wound path just described at 8:40 A.M., June 6, 1968. There is a unilateral, transverse deformation, the contour of which is indicated on an accompanying diagram. The initials, TN, and the numbers 31 are placed on the base of the bullet for future identification. The usual evidence envelope is prepared. The bullet, so marked and so enclosed as evidence, is given to Sergeant W. Jordan, No. 7167, Rampart Detectives, Los Angeles Police Department, at 8:49 A.M. this date for further studies.
Clearly, the autopsists were being careful, marking the evidence appropriate and tracking where it went. So why wasn’t this done with the head bullet? This author has no satisfactory answer for that question.
In the evidence log, there is also something odd about the way the fatal bullet fragments were booked. On one page (pictured on the opposite page), items 13-27 are listed. But where entry number 24 should be, something odd happens. The handwriting changes drastically, the numbers 24 and 25 are mysteriously skipped, and the number of the item booked immediately after item 23 is number 26. It looks like the numbers “26” and “27” have been added over previous numbers that were partially whited out. The back of the page reports the following:
Item #26, bullet fragments, were taken from the right mastoid area of vict’s head, along with numerous bone fragments. These items were removed from the operating room by Dr. Wertlake, Good Samaritan pathologist, and taken into custody by Sgt. D. D. Varney 10833, from Dr. Wertlake. The items were taken to Rampart station and booked as evidence. Photos of the items were taken by Dept photographer Gaines, prior to removal from the hospital.
Item #27, received from Dr. Wertlake at 7:00 A.M. by Lt. Hogue. Taken to Rampart station and booked as evidence by Sgt. Varney.
It’s clear that these items were originally recorded as items number 24 and 25. The actual evidence vials and tags still contain this original number listing, as shown in the photo (at right). Why was it changed? Why were the photos of “George Clayton” booked into evidence instead as items 24 and 25 (see page 17)? What was so important about these photos that it necessitated reordering the evidence log? Or was the purpose to hide the bullet evidence relating to the only fatal wound in the pantry?
But the story gets curiouser. After entry number 37 in the evidence log, we find out where the bullet fragments spent the next several nights:
Items 26-34 inclusive were released to F.B.I. Special Agent E. Rhead Richards Jr. Credential #4560 on 6-5-68 3:00pm by Sgt. W. E. Brandt # 10004.
At this point, the bullet fragments labeled items numbers 24 and 25 but booked as 26 and 27 disappear from official records for a period of eight days. On June 13th, Wolfer’s log reports the recovery of these fragments as follows:
9:30 a.m. – Received Items #24 and #25, bullets from Kennedy’s head (Lodola, Patchett and MacArthur).
On the following day, Wolfer’s log reports a startling pair of entries:
8:00 a.m. – Ballistic tests and clean fatal bullets. Ammunition and nitrate patterns.
1:00 p.m. – Photos taken in color of Kennedy’s head bullet by Watson. [Emphasis added.]
The first entry begs this question: is it usual practice to “clean” evidence in a murder case? The second entry is interesting as well. Dinko Bozanich, in a 1974 memo to Joseph Busch, both of the DA’s office, wrote:
Wolfer never had any photographic reproductions prepared of the evidence and test bullets used in his microscopic comparisons during the Sirhan investigations.
For whatever reason, the fatal bullet fragments were entered into evidence under one set of numbers, booked as evidence under new numbers, disappeared with an FBI agent for over a week, and then returned only to be cleaned and photographed, while officially no photographs were taken. What is going on here?
And what of the neck bullet? That bullet, marked by Noguchi upon removal, is at the center of one of the most damning indications of deliberate fraud in this case. Before that episode can be understood, another event needs to be examined, one that occurred a year prior to the assassination.
In 1967, former Los Angeles Deputy District Attorney Jack Kirschke was charged with the murder of his wife and another man. At that trial, LAPD Criminalist DeWayne Wolfer showed the jury huge blow-ups of bullet comparisons, and told the jury that based on his own examination of the evidence, “No other gun in the world other than Jack Kirschke’s could have killed his wife and her lover.” Kirschke had alibis that put him on the road to Las Vegas at the time of the murders. Veteran Criminalist William H. Harper of Pasadena was called into the case by the defense to examine the evidence. The evidence showed that the bodies had been shot while in bed. But the man’s body was discovered on the floor. Wolfer tried to say that a post-mortem “settling” of the body fluids had caused the body to roll off the bed, a notion not supported by any known scientific phenomena. But on a more serious note, Harper found that the photographs Wolfer had introduced into evidence compared one land from a test bullet with two different land impressions 120 degrees apart on the fatal bullet. In other words, Wolfer had fudged the evidence and presented it to the jury as fact in order to obtain a conviction in a murder case.
In 1971, when Wolfer was promoted to head of the LAPD Scientific Investigation Division (SID) Crime Laboratory, Los Angeles attorney Barbara Warner Blehr submitted a formal request for a hearing on Wolfer’s qualifications before the Civil Service Commission. Blehr stated six basic precepts of criminology, and then examined three cases in which Wolfer had violated these basic precepts. The middle case was the Robert Kennedy assassination. Of the Kirschke case, Blehr wrote:
His testimony, combined with his very esoteric photographic manipulations label his work in this instance nothing but perjury.
Her words were uncanny; she could not possibly have known at that point in time that history was to repeat itself in the case of the Robert Kennedy assassination. But again, I’m ahead of the story.
If this strange, twisted case has heroes, surely Harper is at the top of the list. Harper had contact with the Robert Kennedy case almost from the beginning. After his experience with Wolfer, Harper felt it his duty to inform Sirhan’s defense lawyer Grant Cooper not to accept Wolfer’s testimony at face value. Harper even warned the DA, Evelle Younger, to keep an eye on Wolfer’s handling of the evidence. Younger was eager to build a career, however, upon the successful prosecution of Sirhan, and Cooper had his own troubles, a topic that will be dealt with in part two of this article. Cooper stipulated eagerly to anything that came out of Wolfer’s mouth, regardless of whether or not it was supported by the evidence. Harper had enough doubts about Wolfer that in 1970, through Sirhan’s lawyer, he obtained permission to examine the evidence.
Harper read much of the witness testimony, and the autopsy report, and reached his first conclusion. There had to be at least two firing positions to account for all the bullets and all the wounds.
Harper took a Balliscan camera to the County Clerk’s office so that he could photograph the bullets in evidence. He focused attention on the two least-mutilated bullets, the Kennedy neck bullet and the bullet removed from William Weisel. What he found stunned himself, and all who heard about his findings. In the sworn affidavit he executed outlining his findings, Harper stated:
My examinations disclosed no individual characteristics establishing that Exhibit 47 [the Kennedy neck bullet] and Exhibit 54 [the Weisel bullet] had been fired by the same gun. In fact, my examinations disclosed that bullet Exhibit 47 has a rifling angle of approximately 23 minutes (14%) greater than the rifling angle of bullet Exhibit 54. It is, therefore, my opinion that bullets 47 and 54 could not have been fired from the same gun.
Harper’s findings sent shockwaves, and may well have provided the impetus to the elevation of Wolfer to the head of the Crime Lab. Once Wolfer became the head of the Crime Lab, would not his word seem by the uninformed to carry more weight? Blehr and Harper failed in their efforts to overturn Wolfer’s appointment. LAPD Chief Ed Davis hailed Wolfer as “the top expert in the country.” Klaber and Melanson have a whole chapter of their book devoted to Wolfer, and wrote this about his qualifications:
At the time of the [Sirhan] trial, there was no specific major or grade point average required for the position of LAPD criminalist, and Wolfer’s studies at USC seemed to relate tangentially at best to his chosen profession. As a zoology major he received more C’s than all other grades combined, and he received five D’s, including one in his major and two in chemistry. He also had a history of offering inflated credentials to bolster his perceived expertise, something that would come to haunt him in a few years.25
But the fact that the bullets could not be matched to the gun or to each other was only a piece of what Harper found. He found another element when he started looking at the test bullets. They came out of an envelope with the wrong gun number on it. The Sirhan gun had a serial number of H53725. The serial number for the gun on the evidence envelope, however, read H18602. Harper used an analogy to demonstrate the significance of this problem:
“Let us ponder a simple analogy,” Harper, 72, said recently. “Let’s say that one day you become ill and your doctor sends you to a hospital for a biopsy test for cancer. The biospy specimen is numbered H53725. The test is reported negative for cancer, and you go home. Then you get your bill – and you find out you’re paying for a test with a different number, H18602.
“Hell’s fire, you’d want to get tested again, wouldn’t you?”26
Wolfer claimed that he had fired eight test bullets from Sirhan’s weapon after the gun was recovered. One of the bullets was not recovered. Wolfer testified that he had given four of the remaining seven to the Grand Jury to examine, while retaining the three “better” bullets to compare against other victim bullets which had not at that point been recovered. The four that were given to the Grand Jury became Grand Jury item 5B. The three that remained, however, were stored in an evidence envelope that bore something troubling. The serial number of the gun indicated did not match that of the Sirhan gun. The Sirhan gun had a serial number of H53725. The test bullets evidence envelope, however, bore the serial number of H18602. Wolfer tried to pass this off as a simple mistake, claiming he had asked someone for the number for the Sirhan gun, and this was the number given to him. But this gun had belonged, according to the LAPD’s records, to a Jake Williams. It does not make sense that someone would look up the record of the Sirhan gun and come up with Jake William’s gun number by mistake. Wolfer claimed he stored these bullets in, depending on which version you want to believe, a plain envelope, a manila envelope, or a paper bindle. He claims that the bullets were stored in his desk drawer for some time, and that he recorded them later. If this is true, Wolfer’s actions showed a remarkable disdain for the necessity of retaining an impeccable chain of possession for important evidence in a highly visible case of political assassination.
There is, of course, another possible explanation. Wolfer had marked the envelope with the correct gun number, one that differed from the Sirhan gun. Wolfer had, after all, fired gun H18602 in relation to the Sirhan case. He admitted to using that gun to fire test shots to recreate stippling patterns in order to determine the distance of the gun from Kennedy. He also used the gun to conduct sound tests. Is it possible he fired bullets from that gun and put them in an evidence envelope instead of bullets fired from gun H53725? If that is the case, Wolfer’s statement at Sirhan’s 1969 trial that “no other gun in the world fired the evidence bullets” would indicate either that gun H18602 had been fired in the pantry(!), or that Wolfer’s comparisons were simply not credible on any point.
Wolfer claims that he was not in possession of the gun H18602 until June 10, 1968. However, this is contradicted by Wolfer’s own log. He claimed that he turned four test bullets and Sirhan’s gun over to the Grand Jury on June 7, 1968. (The serial number of the gun turned over to the Grand Jury was, inexplicably and quite contrary to policy, not recorded. The gun was tagged as Grand Jury Exhibit 7. To date, there is no Grand Jury tag on the “Sirhan” gun currently in evidence, nor is there any gun tagged Grand Jury Exhibit 7 in evidence.)
It was the absence of Sirhan’s gun, says Wolfer, that necessitated his using a second gun to perform the sound and powder pattern tests. Wolfer said, in a sworn deposition statement, that he conducted tests at Cal State Long Beach. But his log places the date of this event as June 8th, contradicting his assertion that he did not withdraw gun H18602 from the LAPD until June 10th.
Blehr questioned Wolfer during a 1971 deposition about the possibility of his having used any other gun for the Long Beach tests. The exchange went as follows:
Q: How many guns did you use, other than H18602, and the Sirhan gun 53725, in your testing for sound, muzzle distance, whatever?
A: I believe this was the only gun that we used.
Q: What test exactly, did you use?
A: For the sound test – I am sorry, but that is for the sound test and the muzzle distance test. Those are the only two tests.
Q: Those were the only two tests that you ran?
A: No, I am sorry. I did run a test down at Long Beach State on the cc. Those were the three tests that I recall here today.
Q: And this gun, H18602, was used for all those tests?
A: I believe it was, to the best of my recollection here today. I am not sure.
The four Grand Jury test bullets, the three withheld test bullets, and the Kennedy neck bullet were ultimately stored in evidence envelopes labeled respectively “A”, “B”, and “C”. Envelopes are usually numbered in a logical sequence, and any reasonable person would expect that envelopes marked A, B and C would have been created and filled in a chronological order. But this presents a problem for those striving to believe Wolfer. Envelope A (the A is partially but recognizably visible), bearing the gun serial number of H53725, was dated June 5th. Envelope C is dated June 6, 1968. One would then logically expect envelope B to have been prepared sometime on the 5th or 6th, certainly not on, say the 10th. Envelope B is dated June 6th, which certainly makes sense.
But inexplicably, Envelope B bears the gun number H18602.
This presents a serious problem for those wishing to believe Wolfer. He claims he didn’t have any contact with gun H18602 until June 10th. Yet envelope B, bearing that number, is dated June 6. We know the date could not have been in error, at least not for a later date, as the following envelope, marked C, was created on June 6th. In other words, Wolfer had to have had gun H18602 as early as June 6th, contradicting his own sworn assertions, and casting doubt on his other sworn assertions.
It is easier to believe that Wolfer is wrong (or even lying) than to believe that on June 6th, someone had a premonition of the number of a gun that would not enter the case until four days later!
There is no simple excuse for the mishandling of evidence in such a case. The notion that Wolfer was simply sloppy just does not hold water. What criminalist worth his salt would not only make such mistakes, but go out of his way to leave no written or photographic record of the work he had done? Wolfer claimed to have performed all sorts of examinations and tests. But there are no extant records to support any of his assertions. In a case sure to receive extraordinary scrutiny, it is beyond belief that Wolfer just forgot to record his examinations, and suggests instead that perhaps his examinations were not producing the desired findings.
In Shadow Play, Klaber and Melanson quote from Sir Gerald Burrard’s book The Identification of Firearms and Forensic Ballistics about the caution that should be accorded any criminalist’s unsupported claims:
Mere assertions by some investigator, no matter how great his reputation as an expert, should be regarded with extreme caution…. The most ridiculous claims have been put forward on behalf of the comparison microscope, and there is a danger that the mere fact of its possession may endow a witness with all sorts of imaginary skill and knowledge, at least in the eyes of the jury and public…. If, therefore, the evidence is unsupported by photographs which clearly tell their own story, that evidence should be regarded with suspicion.27
As we saw in the Kirschke case, Wolfer certainly understood the importance of photographic comparisons, blowing up a huge, but ultimately misleading (some would say dishonest) representation of a comparison, designed to lead the jury to the conclusion of guilt. Wolfer apparently realized that sooner or later his word would not be enough. His worst fears came to pass in 1974, when County Supervisor Baxter Ward held public hearings to present evidence that shattered Wolfer’s presentation of the case.
In 1974, Los Angeles County Supervisor Baxter Ward presented to the public a hearing on evidence from the Sirhan trial. By that time, Ted Charach with his film The Second Gun and William Harper with his 1970 findings had raised the specter of a second gun having been fired in the pantry that night. Ward conducted hearings that included the testimony of two highly respected ballistics experts: famous New York criminalistics professor Herbert Leon MacDonnell and California state crime lab veteran Lowell Bradford.
In his original 1970 affidavit, Harper had stated that he could not match either of the two most intact bullets, the Kennedy neck bullet (Exhibit 47), and the Weisel bullet (Exhibit 54) to each other, casting doubt on whether they had been fired from the same gun. MacDonnell had signed an affidavit in 1973 that presented the following as his professional conclusions:
1) The bullet removed from the late Senator Robert F. Kennedy, exhibit #47, and the bullet removed from Mr. Weisel, exhibit #54, could not have been fired from the same weapon.
2) The bullet removed from the late Senator Robert F. Kennedy, exhibit #47, was not fired from the Iver Johnson .22 Cadet #H53725, the revolver reportedly taken from Sirhan.
In 1974, MacDonnell was questioned about his findings, as was Bradford. Bradford explained to Ward at the hearings the significance of a problem raised by dissimilar cannelures.
Bradford: It appeared from these photographs [the photographs of the bullets taken by criminalist Harper] that there was one cannelure of the knurled type, and let me stop for just a moment and explain cannelures. A cannelure is defined as any circumferential groove around a bullet or cartridge case, and that refers then not only to the knurled types of grooves which are placed there by the manufacturer as you depicted in your earlier sketches, but it also includes the groove which is placed there for the purpose of receiving a crimp by the cartridge case – and I’ll limit myself to the knurl cannelures now….And I noticed that the photograph No. 47 portrays an image which appears to be that of one of these knurled cannelures, whereas 54 has an image which appears to portray two.
In addition to this evidence, Bradford went on to present his conclusions, or lack thereof, regarding matching the bullets to each other:
I could find no evidence of any specific identification marks of the type which would be necessary to identify one bullet as having been fired from the same weapon as the other.
The following exchange summarizes MacDonnell’s findings regarding these two bullets:
MacDonnell: The only two that I have really had an opportunity to compare are 47 and 54, and I could not find sufficient agreement in individual characteristics to consider it a positive identification.
Ward: In the layman’s consideration or evaluation, of what you’ve just said, are you suggesting then that the bullets were not fired from the same gun?
MacDonnell: I’m suggesting that they were not fired on the same gun, based upon the photographic evidence….I could not positively identify them as being fired in the same weapon.
MacDonnell, like Bradford, also noticed the differing number of cannelures. Ward and MacDonnell shared the following exchange on this matter:
Ward: To go back, the cannelures between 47 and 54 are different in number?
MacDonnell: That is correct.
Ward: Would that suggest they are from a different manufacturer?
MacDonnell: Yes.
Ward: Trial testimony, as I recall, in the Sirhan case indicated that all of the bullets used in the Sirhan gun came from the same manufacturer and also from the same batch of lead development. If you state that the cannelures are numbered differently, would this rule out the possibility of their being from the same manufacturer and same batch of lead?
MacDonnell: For all practical purposes, yes. However, I must qualify that by saying that it is reasonably common for the manufacturer to purchase projectiles from another manufacturer, but it is extremely unlikely that if, for example, Omark Industries did in fact purchase a single-caliber projectile from Federal, that just one or two in the Sirhan revolver happens to be the one that hit Kennedy, and the other ones are consistent with their normal manufacture. It is an astronomical improbability, but it is a probability.
Ward’s motives in presenting these hearings was to urge a reexamination of the ballistic evidence by a panel of experts. Such proposals had been made in the past, but with the momentum gained by such strong statements from respected experts, and with Allard Lowenstein’s persistent efforts, it became necessary to create just such a panel, which could either conclusively refute or support the findings to date. Dr. Robert J. Joling, then President of the American Academy of Forensic Science, called for the same, stating that “Only an independent, non-governmentally controlled body of experts can really be relied upon to let the arrows of truth come to rest wherever that may be.”
The efforts of Ward et al. in conjunction with a suit filed by victim Paul Schrade finally came to fruition in September of 1975, when Superior Court presiding Judge Robert A. Wenke formally ordered a retesting of the firearms evidence.
From the start, there was something odd at work with this panel. Joling’s warnings concerning the importance of finding an impartial panel apparently went unheeded. One of the experts appointed, Alfred Biasotti of the state crime lab, had been on record as backing Wolfer’s shenanigans in the Jack Kirschke case. Considering the panel was convened specifically to reexamine Wolfer’s evidence in the Kennedy case, Biasotti’s past record implied a conflict of interest. Attorney General Younger, the one who had claimed that the important distance problem between the gun and Kennedy was nothing more than a minor “discrepancy,” picked another expert whose objectivity left something to be desired: Courtland Cunningham of the FBI. Cunningham had been one of the FBI men involved in the investigation of the John Kennedy assassination evidence. In that case, Cunningham tried to explain away the negative results of a paraffin test on Oswald’s cheek. While false positives could be expected, false negatives seemed odd. Cunningham created a test condition that produced false negatives; however, to do so, he used a scenario where the gun was cleaned between shots and handed to the shooter. Cunningham failed to explain how this situation approximated Oswald’s “loner” act. 28
Beyond the conflict of interest issues, even more serious problems were at hand. In the original court order, Wenke had asked the panel to examine not just the bullets, but the shell casings as well. Yet when the order was conveyed to the panel, the reference to shell casings had been curiously, and without explanation, deleted.
This becomes a significant point because there has always been a problem surrounding the shell casings. SUS leader and chronicler Robert Houghton wrote about the importance of shell casings, describing them as:
used brass, each branded with the indentation mark of the firing pin, a brand as unique and infallible in matching spent shells to the guns which fired them as fingerprints are in identifying people.29
How could such “infallible” evidence have been omitted in the new version of Wenke’s court order? And was this omission a mistake, or a deliberate act?
Lending credibility to the notion that the deletion of the reference to the shells was deliberate was the fact that Wolfer was given over 489 expended shell casings from the range where Sirhan allegedly spent June 4th, 1968, firing his gun. Wolfer’s comment at the bottom of this evidence report, dated 7/8/68, reads: “None of the above shells were fired in the Iver Johnson 22 caliber revolver H53725”. This was apparently such a serious problem that a week later, Sgt. McGann of the LAPD brought 37,815 more shell casings from the range into evidence. The comment on this report reads: “I was unable to find any shell casings which were fired from the weapon taken from arrestee Sirhan Sirhan (Iver Johnson, 22 caliber revolver #H-53725).”
In the daily log of the Commander of Detectives for the Bureau of Investigations, the August 27, 1968 entry displays concern at this failure:
One hole that has been overlooked that should be checked was discovered in this reading. The FBI, within a day or two after the Kennedy assassination, sent agents to the Pistol Range in San Gabriel and they gathered some 40,000 shell casings which were forwarded back to the FBI Crime Lab. They threw up their hands, and at our request, the brass was sent back to us. Wolfer reports he examined all of these casings and could not connect any of them to Sirhan’s gun. This means that if Sirhan shot several hundred rounds at the San Gabriel range, either he took the brass with him or someone else picked it up. Neither of these conclusions appears at this time to make sense. More investigation is needed. There is a possibility that Wolfer really did not examine all of this brass (this should be checked) or that the FBI still has brass in Washington (this should be checked.) [Emphasis added.]
Apparently this was checked, and SUS continued to come up empty, for Wolfer’s failure to match any shells to the gun is reported in a footnote in Houghton’s 1970 book Special Unit Senator.30
Despite the presence of a few experts with questionable independence, their findings were in the end, at best, inconclusive, and as supportive to the notion that the bullets from the victims were not fired from the Sirhan gun as to the notion that they were. While several of the experts said it was their belief that the bullets did indeed come from the Sirhan gun, not one of them was willing to say the evidence proved such.
One thing the panel uncovered, however, was significant. Wolfer misrepresented to the Panel surprise evidence in the form of a long hidden photograph that became the panel’s Special Exhibit 10. And for all the panel found regarding this exhibit, the truth is worse yet. For in this little item lay the heart of the case against Sirhan. And it contained a two-tiered deception.
LAPD files contain these statements in regards to the RFK case: “Comparison photographs are not taken in Los Angeles Police Department cases,” and “There were no photomicrographs taken for comparison purposes.” But the LAPD files also contain the following:
Confidential Addenda
to the
Lowenstein Inquiry
This separate addenda contains confidential information relative to the questions submitted by Allard Lowenstein. The information has not been revealed prior to this report and may conflict with previous statements made by the Chief of Police and other officials.
Serious consideration should be given to the release of this information.
There exists a photograph of the Kennedy bullet and a test bullet taken through a comparison microscope showing one Land comparison.
It is not intended to be a bullet striation identification comparison because the lighting and details of the bullet are not displayed in the proper position.
The photograph is an overall photo not shot for striation detail. [Emphasis in the original.]
The photograph is of a groove made by a Land in the barrel of the gun; the principal area of the photo is referred to as “one Land width.” The area on either side of this Land width depicts a partial groove marking.
The fuzzy area on the left side of the photo is due to a deficiency in the optics of the microscope. This defect has existed since the Department first received the microscope and efforts to correct the defect have been unsuccessful.
The defect was a subject in the Kirschke case. The photograph shows identical Land widths between the Kennedy and test bullet. It also shows a comparison area between the shoulders of the Land widths. This comparison area is located approximately in the center of the shoulders.
The existence of this photograph is believed to be unknown by anyone outside of this Department. It should be rebuttal evidence were this case ever to be retried. However, the release of this information at this time would be susceptible to criticism because lay people would in all probability have difficulty deciphering this photograph. The issue as to its not being revealed at an earlier time may further make its authenticity suspect, particularly to the avid, exact assassination buff.
Using the same defective equipment Wolfer had used to manipulate evidence in the Kirschke case, a secret photo had been prepared in the RFK case. This photomicrograph purported to show a comparison of the Kennedy neck bullet compared to one of the original test bullets fired from the Sirhan gun. But the 1975 panelists found that Wolfer’s photograph was not a comparison against a test bullet, but rather, against another victim bullet, the Goldstein bullet. To prove their point, they made their own photographic comparison, carefully lining up and photographing the same sections of both bullets. So someone was pulling yet another fraud in this case by concocting evidence in the hopes of convincing a panel of experts that a test bullet from Sirhan’s gun matched a bullet from Kennedy himself.
But the finding that the photo did not depict the bullet described was only half of the deception. In the film The Parallax View, a film whose subject seems loosely patterned after the Robert Kennedy assassination, the main character is seeking an alias under which to operate. He uses a fake alias, but when that is discovered, he gives yet another alias, telling the person checking him out that he used the fake identity to hide the fact that he had committed indecent acts in public. His friend had told him to do this so that, after checking his first alias carefully, anyone would be less careful checking out the second, figuring he had nothing more to hide.
This same logic appears to have been at work in the 1975 Panel’s identification of the bullets in the photomicrograph. Having discovered one level of deception, not one of the experts sought to examine the evidence further. And by stopping there, the Panel could make the assertion that whether or not the bullets matched each other, at least they had both come from the same gun, which would discredit the notion that Kennedy was shot by a different gun than had been used against the other victims.
Lynn Mangan, however, at Sirhan’s request, looked deeper. Mangan had become close friends with William Harper. He so trusted her that he left her all his files. Harper had become a lightening rod to people within the LAPD looking to expose the fraudulent goings on with regards to the evidence in this case. He had many contacts in the Pasadena Crime Lab, and once he went public with his affidavit in 1971, people began leaking information to him. He had told Mangan many times, and in no uncertain terms, that the 1975 panel had been “a fix.” “They switched the guns,” he told her. “They switched the bullets.” Not many people are aware that Harper himself used to be a member of the OSS, the WWII intelligence apparatus that became, after the war, the CIA. Harper had maintained contact with some people over the years, and his information always checked out. So in 1994, when Mangan, after a long absence, reentered the case as Sirhan’s official investigator, along with Sirhan’s ever-faithful brother, Adel, she paid special attention to the evidence from the 1975 panel.
What they found exposed the second layer of deception.
Patrick Garland had written a detailed inventory of all the evidence to be examined. He noted which bullets bore which markings. The Kennedy neck bullet, #47, bore the markings “DWTN” on its base. The Goldstein bullet, #52, bore only a “6”.
The original bullet #47, however, should have had “TN31” on its base. And bullet #52 should have had only an “X”.
Someone had switched the bullets, and then created the photographs. The chain of evidence had been completely broken, and there is no way to know what two bullets the panel had evaluated.
Mangan also obtained first-hand proof of evidence tampering. Examine the two bullets in the photo at right. Mangan visited the California State Archives to examine the evidence from the Sirhan case. On the right side of the photograph is the bullet that was in evidence as People’s #47, the Kennedy neck bullet, on March 11, 1994, the date of her visit. Mangan knew just by looking at it that the bullet could not be the correct one. She called Lowell Bradford and demanded he come to the Archives with her. He could not believe that just by looking at a bullet she could tell that it was incorrect. But he did not understand Mangan, her eye for detail, and her voluminous knowledge of the minutiae of the case. Mangan recalled distinctly the description of the bullet, which indicated a deformity not present on the bullet in evidence.
Bradford finally relented at Mangan’s insistence, and accompanied her to the Archives. The bullet at left in the photo above shows the bullet that was in evidence as People’s #47 on August 3, 1994. Lest someone think the bullets were simply photographed from different angles, Mangan and Bradford labored to position the bullet in a way that would most resemble the bullet in Mangan’s photo from her earlier visit. But the deformity caused the bullet to consistently roll to the same position, and they concluded that this could not be the same bullet.
Mangan asked Bradford to examine the all-important markings on the base of the bullet. Bradford found that grease had been applied to the bullet, making identification impossible. Such grease can rapidly disintegrate details, and Bradford complained to the State Archivist, insisting that the bullet be cleaned.
Shortly after this episode, Mangan states that the Archives barred her access to the evidence in the case.
There is a great deal more evidence that cannot possibly be fit into this article that shows not just occasional problems, but a pattern of substitution of evidence in this case. Mangan has discovered several evidence envelopes that were clearly forged after the fact, as they bear Sirhan’s name at a time when it was not yet known, and they bear a murder charge at a time when Kennedy was still alive, and when other contemporaneous envelopes bore the correct charge for attempted murder. These items are the subject of the Writ that is in court now, awaiting a chance for a genuine hearing.
There is just one other item I wish to deal with in this article, and that is the gun in evidence, H53725. Throughout this article I have referred to it as the “Sirhan gun.” But is it? As with so much else in this case, that conclusion no longer seems certain.
A little known fact, brought out at the trial but hardly discussed since, is that at some point during the struggle in the Pantry, the gun was temporarily out of Sirhan’s hand. Uecker had been slamming Sirhan’s hand against the steam table in an effort to get him to drop the gun. Bill Barry told the LAPD later that morning:
I took the gun away from him and put the gun on the counter. The susp. grabbed the gun and then Rayford [sic] Johnson and Roosevelt Grier helped me subdue the susp. again.
Supporting Barry’s original statement to the LAPD was pantry witness Jack Gallivan:
Then I turned to where Bill [Barry] was and he had the suspect pinned against the steam tables and disarmed him, with the weapon sitting on the steam table, not far from where the suspect was.31
At the trial, Barry told a slightly different version of events:
A [Barry]: At this time this individual with the gun fell on this table.
Q: [David Fitts]: And the gun fell out of his right hand?
A: Yes.32
Barry also added, “I am not sure who took the gun at this juncture. There were many hands grabbing it.”33 One of the those hands apparently belonged to Boris Yaro, who claims to have been momentarily in possession of it:
… the two guys went for him, and I moved; and they hit him; and pushed him kind of spread eagle on the counter; and they were trying to slam the gun loose; and the gun came loose; and I took it … And I picked it up and I’m thinking the son of a bitch doesn’t have any knurls on the grip. This gun is still warm … And I’m thinking this. And all of a sudden, wham, and the gun goes over my shoulder. Somebody pulled it out of my hand. As it turned out, it was apparently Rosy Grier But the first thing I said when I came to and into [sic] our office, where I’m on a dead run, and I hollered at Bill Thomas who is now the editor of the Los Angeles Times, and I said, “My finger prints are on that gun!”34
Grier too remembered the gun being out of Sirhan’s hand:
I saw the gun in his hand at first and then it seemed that the gun was lying on the table….and I looked back again and it was in his hand and that is when I went for him.35
How the gun ended up back in Sirhan’s hand is not clear. And whether the gun that ended up in his hand is the same gun that was taken from it cannot truly be proven. That’s not to say it wasn’t, but there is room for question.
But the weirdness doesn’t end there.
After Sirhan was subdued, Rafer Johnson took the gun, and did not give it to the police. Instead, he went home and wrote the gun number in his diary.36 Almost two hours after the incident, he took the gun to the police. The following is the very curious exchange recorded when Rafer handed the gun to Sgt. Michael J. McGann of Homicide, in the presence of Sgt. R. L. Calkins:
McGann: We have an Iver –
Calkins: Iver-Johnson –
McGann: Iver-Johnson Cadet, model 55-A
Calkins: More of these goddamn guns kill more people –
McGann: Model number 50 – number 56-SA. The serial number is H53725….
Normally this would seem to be just a simple confusion, and were it not for the other evidence of deliberate deception in this case, frankly I would have dismissed this. But Harper had also told Mangan something he had learned as “fact” from one of his LAPD sources. And that was that Sirhan was firing blanks. That would go a long way towards explaining why almost no one recognized gun shots, and thought instead the noise was just balloons popping. Turner and Christian also came to the conclusion that Sirhan had to have been firing blanks, which are basically shells stuffed with paper that flash-burns, creating a visible flame that appears from the muzzle and a little shower of paper residue. Before I return to the model number issue, considering the following witness statements:
“It didn’t sound like gun shots to me, and I’ve heard a lot of gun shots. It sounded like a cap pistol or somebody cracking a balloon.” – Norbert Schly [spelling unknown], on a KTLA interview broadcast immediate after the assassination, 6/5/68
“I just saw this blue…like a flash, like maybe something from a firecracker…flash, like a little spark from a….it was just the flashes I saw, I thought somebody threw a firecracker right at him….”
– Richard Aubrey to the LAPD, 6/5/68
“I – at that time I didn’t recognize what it was, and I saw some paper flying. I don’t even remember what it was, paper or white pieces of things.”
– Karl Uecker to the LAPD, 6/5/68
Richard LubicÖheard two shots “which sounded like shots from a starter pistol at a track meet.” – Reported by Robert Blair Kaiser in R.F.K. Must Die!
“I thought it was a balloon. I heard the first pop and then I heard about three or four just right after another….I looked, and then the second shot, I saw smoke and saw like something from a – like a – the residue from a bullet or cap, looked like a cap gun throwing off residue.” – Rafer Johnson (an Olympic Decathalon champion who would certainly recognize the sound of a blank being fired) to the LAPD, 6/5/68
It is a shame McGann couldn’t have told us only one model number when he took the gun into evidence. Like so much of the evidence in this case, it may go down as an unsolvable mystery.
The gun in evidence today is an Iver-Johnson Cadet, Model 55-SA.
Iver Johnson Model 56-A, however, is a starter gun that fires blank cartridges. ±
(Go to Part II of this Article)
1. Robert A. Houghton with Theodore Taylor, Special Unit Senator (New York: Random House, 1970), p. 42
2. Robert Morrow, The Senator Must Die (Santa Monica: Roundtable Publishing, Inc., 1988), p. 279. Morrow was sued by a person he claims in this book was the real killer, using a special camera that was rigged to fire bullets (Morrow is himself an ex-CIA operative who claims to have known of such weapons). Morrow lost his suit. I viewed footage of the Ambassador from that night and found that Morrow’s suspect did not even enter the pantry at the time of the shooting, but was clearly visible on the stage the Senator had left, with camera still in hand. As a result of this lawsuit, the judgment required Morrow to destroy all remaining copies of this book. I am including the quote here on the assumption that Morrow has accurately represented Yaro’s comments to him in the transcript included in his book, and primarily because Yaro’s statements correspond to the record of that of other witnesses at this moment.
3. Paul Schrade in a 1975 petition to the Superior Court of California.
4. Philip Melanson, The Robert F. Kennedy Assassination (New York: SPI Books, 1994) p. 55.
5. This letter, dated November 2, 1977, appears on the last microfilm reel of the SUS files from the California State Archives (SUS hereafter.) I have yet to find any official response in any of the files I have viewed. Philip Melanson discovered this letter and wrote about it The Robert F. Kennedy Assassination (pp. 46-47). He pursued this by writing the FBI in 1985. He received a response from Assistant Director William M. Baker, who stated, “Neither the photographic log nor the photographs were ever purported to be a ballistics report,” an interesting non-denial of the evidence.
6. Turner and Christian, The Assassination of Robert F. Kennedy (New York: Thunder’s Mouth Press, 1993), p. 350.
7. Turner and Christian, p. 178, citing LAPD Deputy Chief Daryl Gates in an August 22, 1975 NBC network interview.
8. From Ted Charach’s video, The Second Gun.
9. LAPD Interview of Sandy Serrano, 4:00 a.m., June 5, 1968, p. 12. On p. 15 she explains that by “boracho” she didn’t mean he was drunk, but that he “looked messy” and “he looked like he didn’t belong there.”
10. LAPD Interview of Sandy Serrano, 2:35 a.m., June 5, 1968, p. 27.
11. Dan Moldea, The Killing of Robert F. Kennedy (New York: W. W. Norton & Company, 1995), p. 40.
12. APB from SUS files. This one was dated 6/5/68, and was not cancelled until 6/21/68.
13. Telephone and Radio Transmissions Log (H-XIII), Radio transmission, reel 6 from the California State Archives SUS Files Microfilm Collection (SUS hereafter). The man who knocked over the people while running out of the room was Michael Wayne, a curious figure to be discussed in the second half of this article (to follow in the next issue of Probe).
14. Houghton, p. 32.
15. Melanson, The Robert F. Kennedy Assassination, p. 33.
16. Turner and Christian, Copy of Patrusky’s signed statement, p. 350.
17. Klaber and Melanson, Shadow Play: The Murder of Robert F. Kennedy, the Trial of Sirhan Sirhan, and the Failure of American Justice (New York: St. Martin’s Press, 1997, p. 96.
18. The New York Times (2/15/69), p. 12.
19. Klaber and Melanson, p. 96.
20. LAPD Interview of Richard Aubrey, June 5, 1968, p. 16.
21. Melanson, p. 33.
22. Klaber and Melanson, p. 96.
23. LAPD case summary, p. 25.
24. As a side note to those who follow the John Kennedy assassination, it’s interesting to find the reappearance of Pierre Finck, one of the autopsists in the John Kennedy assassination, as well as Russell Fisher. Fisher was the Maryland Coroner who made the preposterous claim that a bound, gagged, and weighted man found in the ocean was really a suicide victim, the sensitively positioned CIA officer William Paisley. Fisher’s improbable verdict of suicide prevented what would have led to an uncomfortable examination that could have embarrassed the CIA. Fisher, in 1968, was part of the Clark Panel, a panel convened to examine the autopsy photographs from the John Kennedy assassination. The Clark panel had suspicious origins, and was timed to discredit the growing voices critical of the Warren Report, as well as the investigation of New Orleans District Attorney Jim Garrison. Both Finck and Fisher provided advice and assistance in the autopsy of Robert Kennedy.
25. Klaber and Melanson, p. 94.
26. New York Post∏5/21/75.
27. Klaber and Melanson, p. 102, citing Sir Gerald Burrard, The Identification of Firearms and Forensic Ballistics (New York: A.S. Barnes, 1962), pp. 154-155.
28. Warren Commission Hearings, Vol. III, p. 494.
29. Houghton, p. 266.
30. Houghton, p. 266.
31. Jack Gallivan’s Testimony, Sirhan Trial Transcript, p. 3351.
32. Bill Barry’s Testimony, Sirhan Trial Transcript, p. 3451.
33. Ibid.
34. Morrow, p. 279. No fingerprints of any kind were recovered from the gun, despite it having been held by Sirhan, Grier, Johnson, Barry, and others at the shooting range earlier that day.
35. Roosevelt Grier’s Testimony, Sirhan Trial Transcript, p. 3310.
36. Mangan’s record of a conversation she had with Rafer Johnson during a chance meeting. He told her he had the gun number, and gave her his unlisted number, saying if she called he would read to her the number. Mangan called many times after that, but Rafer’s mother always answered, and always told her he was not available, but that she would take a message.
Go to Part 2 of this article: Sirhan and the RFK Assassination: Rubik’s Cube
Read more from the Real History Archives
This article is published in The Assassinations: Probe Magazine on JFK, MLK, RFK, and Malcolm X (Feral House, 2003)
On Wednesday, June 18, 1997, Sirhan Bishara Sirhan stunned a parole board by declaring publicly that he now believes he is innocent of the crime for which he is incarcerated: the assassination of Robert F. Kennedy.
On June 5th, 1968, RFK, the likely Democratic candidate for President, having just won the California primary, was shot in the pantry in the Ambassador Hotel in Los Angeles. He had just finished his victory speech and was headed out when Sirhan stepped from the crowd, and said “Kennedy, you son of a bitch.” Sirhan extended his hand and fired shots at the oncoming Senator. Kennedy fell to the floor and was taken to a hospital, where he died a short time later.
Deputy District Attorney Thomas Trapp expressed outrage that Sirhan would now dare to claim innocence, calling such a claim “preposterous.” To someone who does not know the case, such a claim seems preposterous indeed, in light of the following facts:
Taken out of context, these facts present a grossly misleading picture of the case. Examined against the full record of the case, the following facts emerge:
The day after the murder, a leading Arab activist, Dr. Mohammad T. Mehdi, issued a statement that Sirhan might have been motivated to attack RFK because RFK had promised to sell bomber planes to Israel. On May 18th, in a diary attributed to Sirhan are the words “RFK Must Die!” written over and over. However, RFK’s statement to sell the bombers was not shown on TV until May 20th. So that could hardly have been Sirhan’s motive. In court, during his trial, Sirhan burst out that he had killed RFK “willfully, premeditatively, with twenty years of malice aforethought.” This was not very compelling, however, since Sirhan was only 24 years old at that time of the assassination. He would have had to be contemplating the murder of the as yet little known Kennedy at the age of four! As he saw it, he had only a couple of choices. Either he had killed Kennedy on purpose, or he had lost his mind. Not wanting to believe the latter he embraced the former. And once he believed that, together with his defense team he sought out a motive. Confronted with the possibility that he was out of control or insane, Sirhan replied, “I’d rather die and say I killed that son of a bitch for my country, period [emphasis added].” But believing doesn’t make it so, and the evidence shows that Sirhan could not have fired the three shots that hit Kennedy.
So we are left with the following. The gun was not matched to the victims’ bullets. Sirhan was never close enough to have shot Kennedy where he was hit. And then there is the memory problem. After extensive hypnosis attempts by both the prosecution and his defense, no one was able to find any evidence of a suppressed memory there. He had an utter blank for the period surrounding the shooting.
Either we have a case of many witnesses having a collective illusion that Sirhan was not close enough, or a second shooter was in the pantry. Indeed, there is evidence of well above the eight bullets Sirhan’s gun was capable of firing. This has been well documented in The Assassination of Robert F. Kennedy (by Bill Turner and Jon Christian, published by Random House in 1978 and later by Thunder’s Mouth Press in 1993); The Robert F. Kennedy Assassination (by Philip Melanson, published by S.P.I. Books, 1994); and the new book by William Klaber and Philip Melanson, based on newly released files from the LAPD, called Shadow Play: The Murder of Robert F. Kennedy, The Trial of Sirhan Sirhan, and the Failure of American Justice (St. Martin’s Press, 1997).
If there were two (or even more) shooters and Sirhan was one of them, doesn’t that prove his guilt, regardless of whether he fired the fatal shot or not? Yes, to some degree. But was he a witting conspirator?
Not necessarily.
Another possibility, voiced on the air even before Sirhan’s name was made public, was that the shooter was acting under the influence of hypnosis.
In Richard Condon’s famous 1959 novel The Manchurian Candidate, the plot centers around a man who was programmed under hypnosis to assassinate the president of the United States. The man was not aware that he had been programmed. While the novel was advertised as fiction, it bore a close resemblance to the most secret of the CIA projects, the mind control experiments held from the early ‘50’s until the mid ‘70’s.
Under names like Bluebird, then Artichoke (after a favorite vegetable of Allen Dulles’), and finally MKULTRA, the CIA was avidly and amorally experimenting on both witting and unwitting subjects with drugs, electric shock, hypnotism, electrode implantation and other technologies in the search for ways to completely control the actions of humans. Another area of search was devoted to finding ways of creating perfect, if temporary, amnesia so that an agent could perform a task and truly be able to have no memory of it when questioned later. The Senate report on these experiments showed the CIA felt this could be done through the administration of drugs.
|
A R T I C H O K E 1. The ARTICHOKE Team visited [redacted] during period 8 January to 15 January 1954. The purpose of the visit was to give an evaluation of a hypothetical problem, namely: Can an individual of ****** descent be made to perform an act of attempted assassination involuntarily under the influence of ARTICHOKE? 2. PROBLEM: a. The essential elements of the problem are as follows: (1) As a “trigger mechanism” for a bigger project, it was proposed that an individual of ****** descent approximately 35 years old, well educated, proficient in English and well established socially and politically in the ****** Government be induced under ARTICHOKE to perform an act, involuntarily, of attempted assassination against a prominent ****** politician or if necesssary, against an American official. The SUBJECT was formerly in [redacted] employ but has since terminated and is now employed with the *** Government. According to all available information, the SUBJECT would offer no further cooperation with [redacted.] Access to the SUBJECT would be extremely limited, probably limited to a single social meeting. Because the SUBJECT is a heavy drinker, it was proposed that the individual could be surreptitiously drugged through the medium of an alcholoic cocktail at a social party, ARTICHOKE applied and the SUBJECT induced to perform the act of attempted assassination at some later date. All the above was to be accomplished at one involuntary uncontrolled social meeting. After the act of attempted assassination was performed, it was assumed that the SUBJECT would be taken into custody by the *** Government and thereby “disposed of.” [....] Source: Page from a CIA memorandum from 1954. Published in Phil Melanson’s The Robert F. Kennedy Assassination, (New York: Shapolsky Publishers, Inc, 1994). in the exhibits (page not numbered). |
How far did these experiments progress?
….
Scott Enyart vs. The LAPD over RFK Assassination Photos
Sirhan now says: “I Didn’t Kill RFK”
Sirhan and the RFK Assassination / Part I: The Grand Illusion
Sirhan and the RFK Assassination / Part II: Rubrick’s Cube
On Thursday, March 27, nearly 29 years after his father’s death, Dexter King met with James Earl Ray in a small room at the Lois DeBerry Special Needs Facility, Ray’s current home. Dexter faced Ray, and after several awkward minutes of small talk came to the question to which so many want the answer: “I just want to ask you for the record, did you kill my father?”
“No I didn’t,” came Ray’s reply. And in a display of the grace and compassion for which his family has long been known, Dexter King replied, “I just want you to know that I believe you, and my family believes you, and we are going to do everything in our power to try and make sure that justice will prevail.”
True to his word, Dexter, recently supported by his older brother Martin Luther King III, has continued to talk to the media at every turn, calling for a trial to answer the questions long buried in this case.
The week after this historic meeting, Dexter King appeared opposite David Garrow on NBC’s Today show. Garrow is the author of the book The FBI and Martin Luther King. He was also one of the ARRB’s guests at the “Experts Conference” held in 1995. At that appearance, Garrow was pushing the ARRB to investigate the FBI’s possible role in the assassination of President Kennedy.
On NBC, Garrow and King were clearly at cross purposes. King was calling for a new trial, and Garrow was there to convince all that Ray’s guilt was beyond question. Garrow made an astonishing, insulting attack on the King family by saying:
I think it’s very sad that the King family and the King children are so uninformed of the history that they could be open to believing that Mr. Ray was not involved in Dr. King’s assassination …
Unfortunately, the King family has not looked at the record that the House Assassination committee [HSCA] compiled 19 years ago. There’s really no dispute among people that know this history well about Mr. Ray’s guilt.”
King, besides wondering aloud how anyone could object to the family’s wanting to know who killed their loved one, pointed out:
The House Committee did not have all the information. If it was such an open-and-shut case, why today are we asking this question?
Just a few days after this exchange, King and Garrow met again on CNN’s Crossfire. On that show, King openly accused Garrow of being a spook:
Mr. Garrow, I’ve been told – and I am now more than ever convinced – is an agent for the national security and intelligence forces to distort the truth in this case.
Garrow responded by saying it was “very sad and very embarrassing for the King family to be in a position where it’s saying things like that.” But indeed, it is Garrow who should be embarrassed. Anyone who knows the history of the King assassination knows full well that the evidence shows conspiracy, and that Ray was most likely not the assassin.
Likewise, this would not be the first time someone accused media people of covering up for the government in this case. During the HSCA, Walter Fauntroy, one of the members studying the King assassination, charged that reporters covering the HSCA were linked to the CIA and suggested the HSCA might investigate them. A few days later, for reasons about which we can readily speculate, Fauntroy backed down, saying the HSCA had “no plans now or in the future” to seek testimony of journalists regarding their possible ties to the intelligence community.1
Fauntroy was most likely correct in his charge, if the history of this case means anything. One of the earliest books written on the James Earl Ray case was one by Gerold Frank. William Pepper, Ray’s current attorney, in his book Orders to Kill, quotes from an FBI memo from Assistant Director Cartha DeLoach to Hoover’s close confidant, Clyde Tolson:
Now that Ray has been convicted and is serving a 99-year sentence, I would like to suggest that the Director allow us to choose a friendly, capable author or the Reader’s Digest, and proceed with a book based on the case.
The next day, DeLoach followed up his own suggestion with this:
If the Director approves, we have in mind considering cooperating in the preparation of a book with either the Reader’s Digest or author Gerold Frank ….Frank is a well known author whose most recent book is The Boston Strangler. Frank is already working on a book on the Ray case and has asked the Bureau’s cooperation in the preparation of the book on a number of occasions. We have nothing derogatory on him in our files, and our relationship with him has been excellent.2 [Emphasis added.]
Another author favored by the intelligence community was George McMillan, whose book The Making of an Assassin was favorably reviewed by no less than Jeremiah O’Leary. Mark Lane tells us, “On November 30, 1973, it was revealed that the CIA had forty full-time news reporters on the CIA payroll as undercover informants, some of them as full-time agents.” Lane adds, “It seems clear than an agent-journalist is really an agent, not a journalist.” He then tells us:
In 1973, the American press was able to secure just two of the forty names in the CIA file of journalists. The Washington Star and the Washington Post reported that one of the two was Jeremiah O’Leary.3
On March 2 of this year, the Washington Post ran not one but two articles condemning Ray and the calls for a new trial, written by longtime CIA assets Richard Billings and Priscilla Johnson McMillan, wife of George McMillan. In another paper the same Sunday, G. Robert Blakey, the architect of the cover-up at the HSCA, also made his voice heard for the case against a new trial. And a week later, Ramsey Clark – the man who within days of the assassination was telling us there was no conspiracy in the King killing – has also recommended the formation of yet another government panel in lieu of a trial for Ray. The only voice missing was Gerald Posner. But his too will come. Posner’s next book will be about the Martin Luther King assassination, according to Time magazine.
Is the presence of such people commenting on the James Earl Ray case just coincidence? Or indicative of a continuing cover-up? Examine their backgrounds and decide for yourself.
It’s predictable, really, that Priscilla would be writing in defense of the official myths relating to the MLK case. “Scilla”, as her husband called her, has been doing the same in the John Kennedy assassination case for years. She just happened to be in the Soviet Union in time to snag an interview with the mysterious Lee Harvey Oswald. Later, she snuggled up to Marina long enough to write a book which Marina later said was full of lies, called Marina and Lee. Priscilla’s parents once housed one of the most famous and high-profile defectors the CIA ever had – Svetlana Alliluyeva, daughter of Josef Stalin. Evan Thomas – father of the current Newsweek mogul of the same name and the man who edited William Manchester’s defense of the Warren Report – assigned Priscilla to write the defector’s biography. Alliluyeva later returned to the Soviet Union in dismay, saying she was under the watch of the CIA at all times.
I think that Miss Johnson can be encouraged to write pretty much the articles we want.
– 1962 CIA Memo
Is Priscilla CIA? She applied for a job there in the fifties, and her 201 file lists her as a “witting collaborator,” meaning, not only was she working with the agency, she knew she was working with the agency. And how independent was she? In a memo from Donald Jameson, who was an experienced Soviet Russia Branch Chief and who in the same year handled Angleton’s prize (and the CIA’s bane) Anatoliy Golitsyn, wrote of Priscilla:
Priscilla Johnson was selected as a likely candidate to write an article on Yevtushenko in a major U. S. magazine for our campaign…I think that Miss Johnson can be encouraged to write pretty much the articles we want.4 [Emphasis added.]
Priscilla’s latest writing shows that either she never learned the truth about her husband’s book, or she is unabashedly willing to support the lies therein. For example: George McMillan has long since been taken to task by researchers for writing that Ray’s hatred of King came about as Ray watched King give speeches from Ray’s prison cell. But that prison had no TVs available to inmates, either in cells or cell blocks, until 1970 – two years after King had been killed! This has long since been exposed in print in numerous places. Yet Priscilla repeats this canard in the Washington Post, in 1997. Is this another assignment?
In addition, George McMillan relied heavily on James Earl Ray’s brother Jerry as a source. Yet Jerry and George both admit that Jerry lied to George. Jerry also alleged, and George did not deny when given the chance, that George made up quotes and attributed them to Jerry. Now, Priscilla writes uncritically of George’s version of events, without acknowledging to Post readers any of these serious challenges to the credibility of George’s description of events.5
George McMillan himself is also a very interesting character, who shows up in both the King and Kennedy assassination investigations. What is not well known is that George McMillan was one of the earliest post assassination interviewers of George de Mohrenschildt. As reported by Mark Lane on Ted Gandolfo’s Assassinations USA cable program, George McMillan had been in Dallas a few weeks after the assassination. He left his notebook in a hotel with Oswald’s name in it. When the notebook was found, it was reported to the FBI. In it were notes McMillan had taken from de Mohrenschildt. Later, George tried to get in on the Garrison investigation, according to a memo from Garrison’s files, but was rejected because he came on like “three bulls in a very small china shop.” And after de Mohrenschildt’s alleged suicide, McMillan wrote the following in the Washington Post:
I stayed with de Mohrenschildt and his wife in their lovely house which clutched the side of a steep hill overlooking Port-Au-Prince – and which was, not insignificantly, I suppose, within the compound where Papa Doc Duvalier then lived. We had to pass through heavily guarded gates as we came and went.
One can only imagine the kind of clearance needed to be able to live inside the dictator’s compound, and to gain access to it as a journalist.
….
1. Three Assassinations, Volume 2 (New York: Facts on File, 1978), p. 245. Fauntroy’s original charge was made 4/27/77.
2. William Pepper, Orders to Kill (New York: Carroll & Graf, 1995), pp. 53-54.
3. Mark Lane and Dick Gregory, Murder in Memphis (formerly Code Name: Zorro) (New York: Thunder’s Mouth Press, 1993), pp. 232-233.
4. CIA Memo from Donald Jameson, Chief SR/CA, dated December 11, 1962.
5. Lane and Gregory, pp. 230-251.
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Otto Otepka once told journalist Sarah McClendon that he knew who had killed JFK, but would say no more on the subject.1 What might he have been in a position to know?
As head of the State Department’s Office of Security (SY), Otto Otepka was responsible for issuing or denying security clearances for State Department personnel. He took his job very seriously. In 1958, Otepka was awarded for Meritorious Service by no less than John Foster Dulles. The award lauded Otepka’s “loyalty and devotion to duty” as well as his “sound judgment, creative work and unusual responsibilities”, adding that Otepka “reflected great credit upon himself and the Department and has served as an incentive to his colleagues.”2
Otepka has often been unfairly portrayed as a right-wing clone of Senator Joe McCarthy. But the record does not support this caricature. In fact, Otepka crossed swords with Joe McCarthy in 1953 over Wolf Ladejinksy, a State Department agricultural expert who had once been employed by a Soviet trade agency. Despite such an obvious affiliation, Otepka’s evaluation cleared Ladejinsky of McCarthy’s unfair charges. Otepka himself has stated,
I thought my whole record would prove I was not a McCarthyite. I had never approved of Senator McCarthy’s tactics. Everyone in the security field knew that.3
November 5, 1963, Otto Otepka was unceremoniously fired from State based on charges that were unfounded.
How did Otepka fall so far from grace? And could it have had anything to do with his investigation of Lee Harvey Oswald?
Otto Otepka’s troubles started in December of 1960. Otepka’s biographer William Gill clearly believes that Otepka’s problems stemmed originally from Otepka’s continued denial of a security clearance for the former OSS veteran Walt Rostow. Otepka had denied him clearance twice before, and in December of 1960, Dean Rusk, newly appointed Secretary of State, visited Otepka in person to ask what Rostow’s chances would be of getting cleared at that time. Otepka was unable to give Rusk any reason to believe Rostow would ever receive clearance, and Rusk subsequently placed Rostow in the White House as a member of Kennedy’s personal staff, specifically as McGeorge Bundy’s second in command on national security matters.
Walt Whitman Rostow was the brother of Eugene Rostow. In Professor Don Gibson’s article about the creation of the Warren Commission, (Probe, May-June 1996) Gibson revealed Eugene Rostow’s primary role in the formation of that body. Eugene’s call was made less than two and a half hours after Oswald was killed. Walt Rostow also shared something in common with the CIA’s legendary Counterintelligence Chief, James Angleton. He did not believe in the Sino-Soviet split.4 Rostow was no communist, but in fact a hawkish Cold Warrior.
Walt Rostow was one of Kennedy’s “counterinsurgency” experts. “He made counterinsurgency seem profound, reasonable, and eminently just,” said author Gerald Colby in his book Thy Will Be Done. Walt Rostow – like Dean Rusk, Roswell Gilpatrick, Edward Lansdale, Paul Nitze, Harland Cleveland, Roger Hilsman, Lincoln Gordon, Adolf Berle, McGeorge Bundy and Henry Kissinger – came to work in the Kennedy administration directly from the Rockefeller Brothers Fund’s Special Studies Project. This group had been hand-chosen by Nelson Rockefeller to assist him when he himself was seeking the Presidency. Author Colby called this “Nelson’s Secret Victory”, pointing out that while Kennedy knew many powerful people, they were mostly politicians, not men with experience in foreign affairs. The Rockefeller family network, and Nelson’s group in particular, provided a large assortment of bright, qualified men. However, with such a homogenous group surrounding him, Colby noted, “there was no one to advise the young president on the wisdom and efficacy of such covert operations as the Bay of Pigs invasion, the CIA’s secret war in Indochina, Project Eagle, or Lumumba’s murder.”5
Otepka’s biographer doesn’t seem to understand the distinction between Kennedy and this group. He insinuates that Bobby was behind Walt Rostow’s rise and Otepka’s fall. Bobby was originally the true believer in counterinsurgency as a means for conducting limited warfare and thus saving a greater number of lives than in outright war, which at that point in time seemed to mean nuclear war. But Bobby became disenchanted himself with both Rusk and Rostow and their type of counterinsurgency. Colby includes the text of one of Bobby’s speeches as released to the press, in which was written, “Victory in a revolutionary war is not won by escalation, but by de-escalation.” Kennedy did not actually speak these words when the speech was delivered, but the words were widely quoted by the press.6
Was the denial of clearance for Rostow the trigger for Otepka’s eventual downfall? Or could it have been a letter that went out a few weeks earlier? In a letter dated October 25, 1960, Hugh Cummings of State’s Intelligence and Research Bureau wrote a letter to Richard Bissell at CIA, requesting information on defectors to the Soviet Union. Number eight on the list of eighteen names was Lee Harvey Oswald. In the book Spooks, Jim Hougan writes that,
According to Otepka, the study on defectors was initiated by him because neither the CIA nor military intelligence agencies would inform the State Department which defectors to the Soviet Union were double agents working for the United States.7
Although Otepka remained in the dark, within the CIA there seemed to be fewer questions as to for whom Oswald worked.
When State’s request came to CIA, Bissell turned the request over to two places: James Angleton’s Counterintelligence (CI) staff, and Sheffield Edwards’ Office of Security (OS) staff. In OS, Robert Bannerman, himself a former SY official and a colleague of Otepka’s, told his people to coordinate their response with CI. Evidently, Bannerman knew that Angleton’s CI staff, as opposed to the Soviet Russia Division (SR), would have the answers State needed. Paul Gaynor, of OS’s Security Research Staff (SRS), also seemed to have special knowledge that Angleton would be the appropriate person to handle this request. He passed Bannerman’s request for a coordinated response for State to Marguerite Stevens of SRS.
John Newman, in Oswald and the CIA, describes the unusual nature of Gaynor’s framing of this request:
This request, as Gaynor relayed it to Stevens, however, was worded in a peculiar way, as if to dissuade her from doing research on seven people. Bannerman specified that he wanted information on American defectors other than Bernon F. Mitchell and William H. Martin, and five other defectors regarding whom Mr. Otepka of the State Department Security Office already has information. One of the “five other defectors” that Stevens was not supposed to look into was Lee Harvey Oswald.8 [Newman’s emphasis]
Readers of Probe will remember from the last issue how CIA told the Headquarters offices of the FBI, State and INS that the CIA had already given information (re Oswald’s Mexico City trip) to the field offices of the same entities, which proved to be a lie. Is this a similar lie? Did Otepka have the information already? No, according to Otepka. In addition, we know now that Angleton’s CI/SIG chief, Birch D. O’Neal, prepared his own response regarding these “defectors”. And 10th on the list was Oswald. And more importantly, Oswald’s particular entry was marked SECRET.9 And again, as described in the last Probe, SIG – the Special Investigations Group – contained Angleton’s private handful of his most closed-mouth associates.
It’s significant that both Bannerman and Gaynor knew that the appropriate area for responding to inquiries about Oswald was Angleton’s CI staff. It’s interesting too how Gaynor relayed a response to a subordinate, Marguerite Stevens, in a manner that did not indicate to her that someone else in CIA had information on Oswald.
Another significant element in CI/SIG’s response was that it included a known lie. Oswald was listed as having “renounced” his citizenship.10 Although Oswald had attempted renunciation, he had not followed through and was still considered by both governments a citizen of the United States. Newman muses of this assertion, “Was CI/SIG truly incompetent or spinning some counterintelligence yarn?”11 The latter seems more likely, in light of other events.
Late November, 1960, Angleton’s staff sent Bissell their proposed response to State, which Bissell signed and forwarded. Yet we are to believe that, despite this obvious flurry of attention, just a few days later, on December 9, 1960, CI/SIG’s Ann Egerter opened a 201 file in the name of Lee Henry Oswald. Newman has stated that he thinks this name might have been the result of a simple mistake. While this response seems strained for a file that was restricted, as this one was, this explanation is even more weak in light of the recent attention focused on one Lee Harvey Oswald preceding the opening of this file. In fact, Egerter herself directly related the opening of the file to State’s request for information when deposed by the HSCA. Does this make any sense? It seems more like Egerter was trying to hide the CIA’s knowledge of Oswald, than preparing to divulge more of it.
Newman raises an interesting issue by quoting a memo from the man who later took Angleton’s position, George T. Kalaris. Kalaris gave a different version of why the 201 file was opened at that time, which states flatly:
Lee Harvey Oswald’s 201 file was first opened as a result of his “defection” to the USSR on 31 Oct 1959 and renewed interest in Oswald brought about by his queries concerning possible reentry into the United States.12
One of Oswald’s own letters supports Kalaris’ assertion. Oswald wrote to the American Embassy in Moscow in early 1961:
Since I have not received a reply to my letter of December, 1960, I am writing again asking that you consider my request for the return of my American passport.13
Newman quotes from an ABC Nightline broadcast from 1991, in which ABC claims that the KGB had intercepted this letter and that the original still exists in Soviet files. Newman further points out that only some extraordinary source or method could have relayed this information to the CIA so quickly for them to open the 201 file by December 9th. Even if Oswald wrote on December 1st, how did the CIA, continents away, learn the contents of a letter in the cold war Soviet Union within eight days? And more importantly, what would that indicate about the level of interest the CIA really had in Oswald, to be monitoring him so closely? In addition, Newman points out that,
Throughout Oswald’s stay in the Soviet Union, an Agency element which appears regularly on cover sheets for Oswald documents is CI/OPS, which means “Counterintelligence Operations.” If Oswald was a dangle, this might suggest that it was a counterintelligence operation run by Angleton.
Whatever the truth of the opening of the 201 file and the true purpose of Oswald’s trip to the Soviet Union, Otepka’s request for information sparked a chain of communications to Angleton’s unit, which then lied about Oswald in response. And Otepka’s life irrevocably changed. From December 1960, whether due to his refusal to clear Rostow, his poking into Oswald, or some other reason, Otepka started being taken off any “sensitive” security cases. It seemed Otepka’s reputation for meticulous attention to detail and thoroughness was making him a problem in SY. Why? Who was threatened by a man doing a good job?
An incredible, three year campaign unfolded against Otepka. Because of his stellar record, no one dared fire him. But all kinds of efforts were spent trying to make him want to quit, starting with his removal from the most sensitive cases in December, 1960. The first public attack began when stories appeared in the press that State – and specifically Otepka’s security area – would be undergoing a “reduction in force.”14
Shortly thereafter, Otepka was called before the Senate Internal Security Subcommittee (SISS), of which Senator James Eastland was Chair and Senator Thomas Dodd a vocal member. Otepka had gotten to know Jay Sourwine, the subcommittee’s Chief Counsel. Informally, Otepka had shared some of his concerns for what he saw as a loosening of the clearance procedures with Sourwine. Sourwine and the subcommittee quickly began, with Dodd presiding, to hold what came to be known as the Otepka hearings. In the subcommittee’s subsequent report, the members concluded that the release of the news stories was meant to cause Otepka’s voluntary resignation.
Since this effort failed, other steps had to be taken. Otepka’s superior in SY tried to entice Otepka into taking a position in a different division. But Otepka refused, and none too soon, since that division was dissolved a mere two months later.15 Next, Otepka was shifted into a position that was essentially a demotion. Still, Otepka hung on, trying to do the job he felt needed to be done.
Otepka had found that Rusk had appointed a number of officials to State under a blanket waiver that effectively backdated security clearances for the new officials. Otepka tried to raise his concern with his superiors, and urged them to go to SISS. But SY just wanted Otepka to look the other way.
In 1962, John Francis Reilly took control of SY. From the very beginning, he too seemed to be on a mission to get rid of Otepka. Otepka’s biographer relates this encounter, just weeks into Reilly’s term:
Smiling broadly, [Reilly] asked, “Where’s your rabbit’s foot?” Mystified, Otepka raised his eyebrows in question. Reilly laughed and, maintaining his air of benevolent affability, he explained that Otepka had just been selected to attend the National War College. This was an honor usually reserved for Foreign Service officers marked for higher things. Being human, Otepka was naturally pleased. Reilly seemed genuinely delighted that such good fortune had befallen a member of his staff and just for a moment, Otepka was taken in. He accepted the appointment with thanks, and perhaps with a sense of relief that he could escape, at least temporarily, from the strained atmosphere that prevailed in SY. Reilly shrewdly asked him to put his acceptance in writing.
That same day, May 7, Otepka wrote Reilly a memorandum formally expressing his willingness to attend the War College for ten months beginning in August. However, he could not resist adding, tongue in cheek, that the appointment had come as something of a surprise to him because the State Department had repeatedly assured him, the Congress, and the public that he would be kept in a responsible position in the Office of Security. Reilly returned this memo with the request that Otepka delete his comments on the Department’s premises. Otepka complied.16
Reilly, however, overplayed his hand. His overdone praise made Otepka a bit uneasy, and he decided to do a little checking on his own. What he found was that his appointment had not been entered with the regular nominations, but was entered as a last minute emergency-type nomination. Otepka then asked Reilly if by accepting, he would still be able to return to his post at State. Reilly admitted he would have to fill Otepka’s spot, and there would be no place to which Otepka could return. With that, Otepka rejected this “honor” and chose to remain in place.
Less than a week after Otepka’s refusal, Reilly placed his first spy, Fred Traband, in Otepka’s office. More would follow. Reilly also brought in a National Security Agency (NSA) alumnus, David Belisle, to work with Otepka. Belisle brought with him a new “short form” procedure to rush through people’s security clearances. Otepka was appalled, but powerless. Belisle took away Otepka’s card-file index, the product of years of work. Otepka was removed from the FBI’s after-hours call list, which was another demotion. For a short time, Otepka was seriously thinking of quitting. Ironically, it was his buddy, Jay Sourwine, who talked him out of it. Ironically because it was this very relationship that most contributed to Otepka’s eventual downfall.
Sourwine started working on Otepka to get him to divulge what was really going on behind the scenes at State. But as usual, being a by-the-book person, Otepka insisted on following protocol. If Sourwine wanted him to testify before SISS, the subcommittee would have to formally request his testimony. And then, Otepka insisted on getting clearance from his superiors before testifying. Was Sourwine truly interested in helping Otepka, or was he part of a plot to entrap Otepka into saying something that would finally provide the justification for Otepka’s ouster?
In mid-February, 1963, Otepka was formally notified that his appearance was requested before SISS. Otepka testified to the subcommittee on four different occasions. At the very first hearing, Sourwine asked the question relating to the cause of Otepka’s appearance before the committee in the first place. He asked if Otepka had been subjected to any “reprisals” from State because of his previous testimony. But Otepka was wary of saying anything that could make his already uncomfortable situation at SY worse, and defended both State and their treatment of him. Otepka defended his own actions, but would not point an accusatory finger at anyone else. Sourwine continued to press the matter with more subtle questions, until he got Otepka to talk about a case where Otepka conceded to being pressured to put through two security clearances where he didn’t feel one was justified. Otepka’s refusal to clear the persons delayed the formation of the committee to which these people had been appointed for over a year. And in the end, through Otepka’s persistence, they were both dropped from the committee.17
One of Otepka’s biggest heresies, however, was disclosing to the Senate subcommittee that, despite the subcommittee’s earlier report and recommendations from the earlier Otepka hearings, State had continued to process under blanket waivers nearly 400 people in the roles of file clerks and secretaries. As author Gill put it, “it is often easier for an obscure clerk or a trusted secretary to waltz off the premises with a top-secret document than it would be for an official at the policy-making level who is afraid he is being watched.”18 This greatly alarmed the senators, but Otepka added one more piece of information. There was an effort underway to reinstate Alger Hiss to the State Department. Knowing what we know today, one might wish that effort had been successful. But at the time, all that was known was that Hiss had been convicted of perjury and had been accused of espionage.
Shortly after the third or fourth appearance, Otepka began noticing trouble on his phone line. Chatter could be heard sometimes, other times calls wouldn’t go through, and sometimes there would be an amplification effect. Otepka was being bugged. And not just through the phone. Listening devices were installed in his office. What could someone possibly fear that Otepka might be discussing to warrant such intense surveillance?
And then there was the night Otepka had been working late, stepped out for dinner, and then returned to work some more. Imagine his surprise when, around 10pm, David Belisle and another NSA spook entered his office, thinking he was gone for the night. Belisle made the flimsy excuse that he had been concerned by a cleaning woman he claimed to have seen entering Otepka’s office. But Otepka had been sitting there for some time, and called Belisle on this lie.19
When Otepka’s regular secretary fell sick, one Joyce Schmelzer was placed in his office with orders to spy on Otepka. One of her tasks was to gather the burn bag each night, mark it with a big red “X”, then call to alert another SY member that Otepka’s burn bag was on the way down. The trash was searched regularly for any incriminating information that could be used against Otepka.
For weeks, his house was under surveillance. His wife, tired of seeing the man in the car parked across the street every night, called the local police. After the police forced the man to identify himself (he worked for a private security firm), the man never reappeared.
Was Otepka keeping people with carefully constructed communist-like backgrounds from being placed, on behalf of intelligence agencies, in State for official cover? It would seem his offenses must have been extraordinary to warrant such high-level harassment. Was someone out to discredit Otepka in case he later spilled the beans on one particularly sensitive case?
Someone had even drilled a hole into his safe, and with a mirror determined the correct combination, and then plugged the hole again. What could someone possibly fear that Otepka might be discussing to warrant such intense surveillance? According to Otepka, the only sensitive material in the safe was his half-finished study of American defectors in the Soviet Union, with a yet to be completed determination on one Lee Harvey Oswald. When Hougan asked Otepka specifically if Otepka had been able to figure out if Oswald was an agent of the US or not, Otepka answered, “We had not made up our minds when my safe was drilled and we were thrown out of the office.”20
Amazingly, the people involved in harassing Otepka did little to cover their tracks. It was an open secret that Otepka was being tapped. And Otepka still had many friends in State, who told him who was responsible for many of these activities. Meanwhile, Reilly was trying to undermine Otepka’s support on SISS. He told all kinds of lies about what Otepka had done on various security cases and directly contradicted Otepka’s testimony before the subcommittee. Otepka was appalled. The Senate subcommittee was in quandry about who to believe – Otepka, or his SY superior. Sourwine told Otepka he would need something other than his word. He would need documents. Again, one should consider what followed in regards to the question of whether Sourwine was engaging in some form of entrapment.
For ten days, Otepka gathered his evidence. He prepared a 39 page brief with 36 attachments to support his own testimony and directly refute that of Reilly’s. Of the attachments, 25 were unclassified; six were marked “Official Use Only”, three were marked “Limited Official Use”; and two were marked “Confidential.”21
Otepka was careful that none of what he divulged to the Senate subcommittee was information that in any way could compromise the national security of the United States. And even the two marked “Confidential” were mere transmittal memorandums for more sensitive attachments, and Otepka did not turn over the attachments.
The piece d’resistance in this affair was the manipulation of evidence taken from Otepka’s own safe. Sensitive documents were “found” in his burn bag one night, with the classification tags illegally clipped off. Otepka claimed, and the State Department never denied, that the evidence seems to support the contention that the documents were planted in his bags for the sole purpose of discrediting him. The day after these documents turned up, SISS called several SY members to the Hill to discuss the bugging of Otepka. The first man called was the spy Reilly had planted in Otepka’s office from the beginning, Fred Traband. Traband was so unnerved at being called, however, that, while denying knowledge of the tapping, he told the story behind the burn bag operation. The next man, Terry Shea, not only acknowledged the burn bag story, but added that Reilly had personally searched Otepka’s files and safe. The rest continued to deny any participation in or knowledge of the tapping of Otepka.
On June 27, 1963, Reilly unceremoniously shunted Otepka out of his office into a new, make-work position reviewing and updating policy manuals. Otepka was ordered to turn over the combination to his safe (which still held the unfinished Oswald study) and was sent to another office on another floor. He was denied access to his former records. Many of Otepka’s staff were purged from their positions at this time as well. On his new office wall, Otepka hung these words from Prime Minister Churchill:
Never give in. Never, never, never, never! Never yield in any way, great or small, large or petty, except to convictions of honor and good sense. Never yield to force and the apparently overwhelming might of the enemy.22
Adrift without direction, Otepka took some time off, and then made the mistake of stopping by his old office for a look. Belisle heard about this and admonished Otepka to stay away. Otepka’s wife was surprised, when calling her husband at his office, to hear “Mr. Otepka is no longer here.” And Otepka’s phone was rigged so that he could receive no incoming calls himself. His buzzer was disabled. When a call for Otepka came in, a phone would ring in another location, where a secretary would have to answer the call, and then walk to his door, knock, and tell him to pick up the line, before he could receive the call. This also ensured no privacy, since anyone could be listening on the other end of his calls. One of the men involved in tapping Otepka, Elmer Hill, had his wiretap lab across from Otepka’s office.23
At the end of July, the other shoe dropped. Otepka was informed by the FBI that he was being formally charged with espionage. Years later, it was discovered this move was ordered by Rusk himself, and the order hand-delivered by Reilly to the Department of Justice. This, for turning documents over to a Senate subcommittee. He was also charged with having clipped security classifications from documents, something Otepka did not do.
In our last issue of Probe, we told of another whistleblower, Richard Nuccio, and how he was punished for giving information to the congressional body legitimately designated to receive such. Peter Kornbluh, writing for the Washington Post, quoted a 1912 law which stated that “the right of employees …to furnish information to either House or Congress, or to a committee or member thereof, may not be interfered with or denied.” Otepka himself cited this same law to the FBI in defense of his own actions.
Meanwhile, the Senate Internal Security Subcommittee was going to bat for Otepka. They hauled before them what the committee later called the “lying trio” of Reilly, Belisle and Hill.24 All three were found to have committed perjury when they denied knowledge of the tap on Otepka.
In an interesting and relevant side story, the tapes made from the bugging of Otepka’s office were passed to a man that was unidentified in the Senate Internal Security Subcommittee’s hearings. Jim Hougan, while researching a strange case of bugging on Capitol Hill, found a man, Sidney Goldberg, who claims that the man in the corridor was none other than Walter Sheridan.25 Walter Sheridan was the former NSA and FBI man who did so much to sabotage Jim Garrison during his investigation into Kennedy’s assassination. According to a source of Goldberg’s, Hougan wrote that Sheridan “disposed over the personnel and currency of whole units of the Central Intelligence Agency.”26 In addition, the same source claimed that Sheridan was behind the preservation of Belisle’s job with State when Belisle’s role in the bugging of Otepka was revealed. Belisle was not fired, but was transferred to Bonn, Germany. Sheridan denied having any role in these events. But is Sheridan to be believed, in light of the lies he put forth during the Garrison investigation?
Despite the support of the committee, Otepka was on the way out. He was met at work on September 22, 1963, with a note saying “You are hereby notified that it is proposed to remove you from your appointment with the Department of State ….”27 Otepka was outraged at the charges:
“I was not particularly disturbed by the charges regarding my association with Jay Sourwine or the data I’d furnished him for the subcommittee,” Otepka later recalled. “But I was shocked and angered to find that the State Department had resorted to a cheap, gangland frame-up to place me under charges for crimes it knew I had never committed.”28
One would think that finally, Otepka’s ordeal would be over. One would be wrong. He had been fired from his career position at State. Yet even after this, Otepka was warned that his home phone was probably tapped! And just a few days later, the man who had originally divulged who was behind the tapping of Otepka, Stanley Holden, suffered a mysterious “accident.” Holden was a good friend of Otepka’s, and had himself been under surveillance. His face and tongue had been so badly cut that stitches were required. His own explanation of being hit in the face by a heavy spring did not seem to explain his wounds, and the rumor went around that he had been beaten up by those who didn’t like him talking.
In a last ditch effort to preserve Otepka at State, the Senate Internal Security Subcommittee wrote a brief letter, signed by every subcommittee member, which strongly urged Rusk to reconsider the decision to force Otepka out of State. But Otepka’s fate had already been sealed. On November 5, 1963, Otepka was finally formally ousted from the State Department. Just seventeen days later, Kennedy would be assassinated. And the killing would be pinned on the man Otepka was trying to investigate when he was removed from his office.
1. Sarah McClendon, Mr. President, Mr. President! (Santa Monica: General Publishing Group, 1996) p. 82
2. William J. Gill, The Ordeal of Otto Otepka (New Rochelle: Arlington House, 1969), p. 56
3. Gill, p. 232
4. Gerald Colby and Charlotte Dennett, Thy Will Be Done (New York: HarperCollins Publishers, Inc., 1995), p. 553
5. Colby and Dennett, p. 343
6. Colby and Dennett, pp. 542-543.
7. Jim Hougan, Spooks (New York: William Morrow & Co., 1978) p. 371
8. John Newman, Oswald and the CIA (New York: Carroll & Graf, 1995), p. 172
9. Newman, p. 172
10. Newman, p. 172
11. Newman, p. 173
12. Newman, p. 176
13. Newman, p. 177
14. Gill, p. 117
15. Gill, p. 123
16. Gill, pp. 161-162
17. Gill, p. 235
18. Gill, p. 238
19. Gill, p. 243
20. Hougan, p. 371
21. Gill, p. 254
22. Gill, p. 280
23. Gill, p. 285
24. Gill, p. 289
25. Hougan, p. 128. Hougan wrote of a wiretap that was discovered that ran from Capitol Hill to the Esso building, terminating not in the basement, where most lines terminate, but on the top floor behind a locked door to which the phone company didn’t even have access. The floor was leased to the Justice Department’s Bureau of Prisons, and the room was marked as a “restricted area”. Goldberg had a source that claimed Walter Sheridan was the ultimate recipient of this tap. In addition, Bernard Fensterwald appears in this story. When he heard that Goldberg was on the trail of the tap, he walked into Goldberg’s office and offered to help. Fensterwald convinced Goldberg to sign a statement that wasn’t true under the guise that this would help him. The situation became a nightmare for Goldberg. Fensterwald also played a role in protecting the tap. The tap was brought to the attention of Senator Long’s Ad-Prac committee by Bernie Spindel, a famed wiretapper himself. Spindel claimed government agents were constantly working on the tap. Fensterwald then committed a “blunder”: he requested information on the cable from the telephone company. This had the effect of sending a warning to whoever was bugging the hill. Because such requests took several days to process, the buggers had plenty of time to remove the tap that was under investigation. Why would Fensterwald, a sophisticated lawyer who sat on a committee specifically involved with wiretapping issues, make such an obvious mistake?
26. Hougan, p. 128
27. Gill, p. 291
28. Gill, p. 293
In 1963, a popular political figure was shot in the back. The killer was not convicted. In his closing arguments to the jury, having laid out the evidence of the accused’s guilt, the Assistant District Attorney responsible for the case asked the jury:
Where justice is never fulfilled, that wound will never be cleansed ….Is it ever too late to do the right thing?
And the Hinds County jury rose to the call, and made a bridge across history to right an old wrong. On Saturday morning, February 5, 1994, the Hinds County, Mississippi jury, over 30 years after the crime, convicted Byron de la Beckwith with the murder of one of the earliest civil rights activists of the 1960’s: Medgar Evers.
The circumstances that brought this case from the dustbin of history back into the headlines and courtroom is an extraordinary one, detailed in the book Ghosts of Mississippi, by Maryanne Vollers (New York: Little, Brown & Company, 1995) and depicted in a movie made from the book. Were it not for a courageous, tenacious Assistant District Attorney named Bobby DeLaughter, and a set of fortuitous circumstances, aided by the widow Myrlie Evers, this crime might have gone forever unsolved, unpunished. Fortunately for the Evers family and for history, DeLaughter was determined to bring this to trial, saying “We would have been derelict in our duty if we had not proceeded.”
In 1987, DeLaughter’s boss, District Attorney Ed Peters, had said he didn’t think the case could be reopened. And most likely he would have been right, had it not been for a confluence of evidence that surfaced, such as a 1989 Jackson Clarion-Ledger article revealing the possibility of jury tampering in a previous trial; long-preserved court records from previous trials, held by the widow; and in a truly mystical twist of fate – the finding of the murder weapon in DeLaughter’s ex-father-in-law’s gun collection. And by the time of the trial, DeLaughter and his staff had found six people to whom Beckwith had bragged of his murder of Evers. No, in Mississippi, in 1994, it was not too late to see justice served.
But is it too late in Memphis? In an eerily preemptive comment made to USA Today in 1994, the NAACP’s Earl Shinhoster had warned that the Evers victory might be a unique case, saying that it “would take something of proportion or magnitude”of what had happened in the Evers case to right other old wrongs, “which we may not ever get”. On February 20, 1997, the family of Martin Luther King, together with William Pepper, lawyer for James Earl Ray, went before Shelby County Criminal Court Judge Joe Brown to plead for new scientific tests to be performed on the alleged murder weapon. No match has ever been made between the bullet found in King and the weapon associated with Ray. Sophisticated tests could conceivably rule out Ray as the assassin.
As the last chance for the truth is fading with Ray’s health, the family of Martin Luther King has stepped from the shadows of their own long-held doubts to call for a new hearing of evidence in the killing of the great leader. Spurred by the rapid deterioration of James Earl Ray, the man alleged to have been the assassin, Dexter King, the youngest son of Martin Luther King, spoke for his family in calling for a real trial. The King case was never tested in a court of law, since Ray immediately confessed, then recanted a couple of days later claiming his confession was coerced. “The lack of a satisfactory resolution to questions surrounding the assassination of Martin Luther King Jr. has been a source of continuing pain and hardship to our family. Every effort must be made to determine the truth…this can only be accomplished in a court of law,”said Dexter to reporters, adding that the family members “…are united today in calling for the trial that never occurred. We make our appeal at this time because of concerns that Mr. Ray’s illness may result in death, which will end the possibility of a trial ever to come.”
As reported in the last issue of Probe, Ray is deathly ill. In need of a liver transplant and in hospital care, this is his last chance to see the truth come out in his lifetime. His current lawyer, William Pepper, has written a book detailing much of the evidence that shows that Ray could not have committed such a crime without help, and that it is extremely unlikely that Ray committed the crime at all. In December of 1993, Lloyd Jowers, owner of the restaurant Jim’s Grill, (located in the basement of the rooming house from which the shots were allegedly fired,) went on ABC’s PrimeTime Live show to say that he been had asked to hire an assassin to kill King. The person he hired, he said, was not James Earl Ray. Jowers’ confession came on the heels of an HBO-sponsored mock trial in which Pepper and others laid out the facts of the case before a jury. The jury in the HBO trial found Ray not guilty, but the facts uncovered in the process caused Jowers to ask for immunity if he told more of what he knew. When promises of immunity were not forthcoming, Jowers went into hiding.
Dexter and the family have harbored suspicions of a high level conspiracy involving forces in the government for 29 years, but have kept silent. Now, Dexter is finding his voice. “It’s no secret that my father during that time was considered enemy No. 1 to the establishment. It’s no secret that he was not the most favorite person of J. Edgar Hoover, the head of the FBI.”Citing his father’s opposition to the Vietnam war, Dexter expanded upon this theme, suggesting that “There may have been individuals [in the government] who saw him as a major threat. The country was in turmoil at the time, I guess you could say civil unrest, and this frightened many people. So, certainly there would be adequate motive.”
….