Category: Robert Francis Kennedy

Original essays treating the assassination of Robert F. Kennedy, its historical and political context and aftermath, and the investigations conducted.

  • The BBC RFK Report


    On November 20th of last year the British Broadcasting Corporation showed a 15-minute report about the Robert Kennedy assassination. Put together by Shane O’Sullivan, it is supposed to be part of a longer documentary work-in-progress.

    The BBC report began with the late Larry Teeter, former attorney for Sirhan Sirhan, going over the autopsy evidence in the Robert Kennedy case. As most people know, this evidence strongly indicates a conspiracy. The report then used some photographs and films to present the case that there were three CIA officers at the Ambassador Hotel the night RFK was killed. They were identified as David Morales, Gordon Campbell, and George Joannides. All three men are known to have worked out of the infamous Miami CIA station codenamed JM/WAVE in the sixties.

    The basis for the photo identifications were four men who had interacted with the trio in the sixties and seventies. Wayne Smith, a former State Department employee, worked with Morales when Smith was stationed in Cuba in the late fifties and sixties. Ed Lopez, a former investigator for the House Select Committee on Assassinations, interacted with Joannides in the seventies when the latter was the CIA liaison to the Committee. Brad Ayers, who worked out of JM/WAVE in the early sixites, identified Campbell and Morales. And another CIA operative, David Rabern, also identified Morales since he knew him at that same time. Rabern says he was actually at the Ambassador that night and added that he recalled Morales talking to Campbell, even though he did not know who Campbell was at the time.

    The BBC special is designed to give the impression that O’Sullivan discovered these photos and put together this evidence. But if you take a look at the entry for Brad Ayers on the JFK Research Forum on the Spartacus school.net site, you will learn that Ayers told Jeremy Gunn of the Assassination Records Review Board back in 1995 that he had a “credible witness who can put David Morales inside the Ambassador Hotel in Los Angeles on the night of June 5, 1968.” It seems that Ayers is clearly referring to Rabern here. O’Sullivan does not make it clear that he knew this in advance. He seems to indicate that Ayers led him to Rabern. But if that is the case then Ayers already knew that Rabern would make the ID. Further, Ayers was predisposed to making the Morales ID himself since he found Rabern credible at the much earlier date. The Campbell identification is totally reliant on Ayers, since Rabern did not seem to know who he was in 1968.

    The BBC report also included a short interview with Robert Walton. Walton first appeared in Gaeton Fonzi’s memoir about his HSCA experience entitled The Last Investigation. And for all intents and purposes that book, published in 1993, is where Morales first figured in any significant way in the JFK case. Fonzi mentions Ayers there and talks about some investigatory work Ayers did on his former colleague Morales. Fonzi concluded his section on Morales by introducing Walton. Walton, who did some legal work for Morales, related a story in which he was drinking with Morales one night. President Kennedy’s name came up and Morales exploded in anger at what Kennedy had done to the Cuban exiles at the Bay of Pigs. The tirade concluded with the following line: “Well, we took care of that son of a bitch, didn’t we?” (Fonzi, p. 390)

    The source given by Fonzi for this quote is Walton. But in the BBC special this quote is now expanded in both length and reference points. Walton now states that Morales said he was in Dallas when “we got that mother fucker and in LA when we got that little fucker.” This is a serious revision of the original comment since it now means that Morales was actually on the scene in not just one place for one assassination but in both. It is hard to believe that Fonzi would not have recorded and printed the much more specific quote back in 1993. But the altered quote does jibe with what the BBC report is now saying.

    Ever since Fonzi’s book came out, the Morales angle has had a strong influence on the literature. For example, Noel Twyman in Bloody Treason spent a lot of time examining what Morales did with the CIA. And Morales is also mentioned a lot in that bloated piece of pap, Ultimate Sacrifice. But this is the first time in a printed or broadcast report that a named witness connected him to the RFK case.

    Ayers has been obsessed with Morales for a long time. As Lisa Pease notes on her Real History blog, he once tried to convince her and myself that Morales was involved in the MLK case. But he did not tell us at the time about Morales and the RFK case and he never mentioned David Rabern. If one believes Ayers, then Morales was somehow involved with the murders of JFK, MLK, and RFK. He told us that he thought Morales actually ran the street operation in Dealey Plaza. But, strangely, it was not for the CIA. Back then he thought it was for Barry Goldwater and he linked this to the notorious 1976 murder of Arizona reporter Don Bolles. It was somehow a way for Goldwater to get elected in 1964.

    An interesting question is why was Rabern at the Ambassador that night? If he was a covert operator, was he from the liberal wing of the CIA who supported RFK? And how does he remember Campbell so clearly talking to Morales if he did not know who Campbell was back in 1968? If one takes this report at face value, there were four CIA operatives at the Ambassador that night. All out in the open in the midst of cameras, film equipment, and tape recorders. And if Rabern recognized Morales, didn’t Morales recognize Rabern? If so, what did he say to him?

    Now, the BBC report has stirred at least two reactions. Mel Ayton, a British anti-conspiracy author, wrote up a reply about a week later, and updated it a week after that. The first part of his response is worthless since it uses the shameful work of Dan Moldea to respond to the points made by Teeter. But he does bring up some notable disagreement with the photo identifications. For instance, Dan Hardway who worked with Lopez at the HSCA did not identify Joannides in the pictures. He said his encounter with him was too long ago for him to venture an opinion on the matter. Ayton says he talked to Grayston Lynch, who also worked out of JM/WAVE and knew Campbell. Ayton writes, “According to Lynch the man in the LAPD film footage is not Campbell.” Ayton also quotes a man named Col. Manuel Chavez who worked with Morales for a period of time in 1964. Chavez says the man depicted in the special “does not look like Dave Morales.”

    Now the above does not mean that the BBC special is wrong, but it does point up the problems with using photo identification as a tool to solve a crime. Tony Summers chimed in on this point by saying, “Photographs and photographic recognition are infamously unreliable, especially coming from witnesses so long after an event.” I should point out that in the JFK case, the photo identifications of the three tramps in Dealey Plaza have been a continual source of error and embarrassment. As has the alleged identification of Joseph Milteer along the motorcade route.

    In speaking with author David Talbot, he and Jefferson Morley were commissioned by The New Yorker to do a follow up story on the BBC report. Talbot has been working for years on a book about Robert Kennedy. The New Yorker got hold of a galley proof of his long-awaited book and they were impressed. They are going to excerpt the book and also do a supplementary report on this alleged identification. This report is scheduled to run in May. Hopefully Morley and Talbot will be able to do more ground work on the matter. Like, for example, finding the three CIA officers next of kin and asking if they were with them on that rather memorable night.

  • Sirhan and the RFK Assassination, Part II: Rubik’s Cube


    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.

    Cover-Up Artists

    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.

    The “Defense” Team

    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 Question of Hypnosis

    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?

    The Polka Dot Girl and Company

    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

    June 4th with the Mystery Girl

    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.

    The Girl Revealed?

    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.

    Khaibar Khan at Kennedy Headquarters

    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.

    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

    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?

    Lining Up the Squares

    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.
    Links are welcome.


    Notes

    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.

  • CBS and the RFK Case


    From the March-April, 1998 issue (Vol. 5 No. 3) of Probe


    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.

    ….

    The rest of this article can be found in The Assassinations, edited by Jim DiEugenio and Lisa Pease.

  • Sirhan and the RFK Assassination, Part I: The Grand Illusion


    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


    The Grand Illusion

    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.

    June 5, 1968

    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 Great Waldo Pepper Bullets

    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.

    More than Eight Bullets = Two (or More) Guns = Conspiracy

    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?

    Multiple Gun Sightings

    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.

    Multiple Original Suspects

    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.

    The Problem of Distance

    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.

    The Delayed Autopsy Report

    “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 Trail of the Evidence

    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.

    Wolfer and Kirschke

    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.

    Hero Harper

    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’s Second Gun

    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.

    ABC, not ACB

    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.

    Baxter Ward’s 1974 Hearings

    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.

    Special Exhibit 10

    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.

    Which Gun Was It?

    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)

    Notes

    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)

  • The Robert F. Kennedy Assassination: Sirhan Now Says: “I Am Innocent”


    From the July-August, 1997 issue (Vol. 4 No. 5) of Probe


    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:

    • Sirhan was witnessed by many people shooting at RFK.
    • An LAPD criminalist testified that the bullets found in the victims matched test bullets fired from Sirhan’s gun.
    • Sirhan conceded having shot RFK and even provided his motive.

    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:

    • RFK was shot at point-blank range from behind. Two shots entered his back and a third shot entered directly behind RFK’s right ear. By all eyewitness accounts, Sirhan was never closer than one and a half feet to RFK. The bulk of the witnesses put Sirhan at a distance of three feet or more. Sirhan was firing a gun. But clearly, so was someone else.
    • The criminalist who testified to the match between the bullets and the gun had stored the bullets in an envelope labeled as belonging to the gun with a serial number of H 18602. Sirhan’s gun had a serial number of H 53725. The tests showed conclusively that the victim bullets matched a gun that was not Sirhan’s.
    • Sirhan has consistently, and credibly—even to the prosecution’s experts—asserted that he has no memory of the shooting. With no one to tell him of the exculpatory ballistic and medical evidence, and no memory of where he was and what he did, he believed those who told him he had killed Kennedy, and took his lawyer’s advice to own up to it at the trial. His motive, however, never made sense.

    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?

    ….

    The rest of this article can be found in The Assassinations, edited by Jim DiEugenio and Lisa Pease.


    Related Articles:

    Scott Enyart vs. The LAPD over RFK Assassination Photos

    Sirhan now says: “I Didn’t Kill RFK”

    CBS and the RFK Assassination

    Sirhan and the RFK Assassination / Part I: The Grand Illusion

    Sirhan and the RFK Assassination / Part II: Rubrick’s Cube

    Dan Moldea and the RFK Assassination

    Thane Eugene Cesar’s .22 Gun Found

  • The Nearness of History:  Scott Enyart vs. LAPD on the RFK Photos

    The Nearness of History: Scott Enyart vs. LAPD on the RFK Photos


    From the November-December, 1996 issue (Vol. 4 No. 1) of Probe


    One of the aims of CTKA is to educate our readership to recognize patterns of history as they happen so that “revisionist” – or real – history does not have to wait in the wings indefinitely before entering mainstream thought. If we don’t attempt this, then the repeated cycles of scandals and assassinations, which constitute current American history, will continue to self-perpetuate. The defense promulgated in the civil trial of Scott Enyart v. City of Los Angeles was a good example. Superficially based on errors and incompetence within the Los Angeles Police Department, in actuality, it bore as little relation to accident and error as Robert Kennedy’s murder was owed to the act of an “angry and disoriented Palestinian.”

    The defense case that unraveled before the jury was specifically designed to maintain the cover-up of the facts of RFK’s murder and the continued suppression of evidence which points away from Sirhan as a “lone gunman.” LAPD and its allies keep that fiction alive since the actual evidence – as was hinted at here – leads inexorably to a conclusion of multiple assassins. This suppression is absolute because, contrary to the defense’s case, Probe has learned from both trial testimony and other sources, that Enyart’s film and pictures have been destroyed.

    Perhaps a more ominous and dangerous revelation came out of this trial: the continuing and nearly total blackout of news coverage by both the mainstream and alternative media, in the RFK case. What little coverage that existed was spun into the only reality most of the public will ever know.

    The worst examples of this selective journalism turned out to be the only examples of any other coverage of this trial by a newspaper or magazine, other than Probe. In a feature story for the “alternative” L.A. Weekly, Jim Crogan referred to the trial as a “must-follow for ‘Camelot’ lookie-loos, conspiracy theorists, journalist aficionados and even historians” (emphasis added). The dominant daily newspaper in the city, The Los Angeles Times, ran two generic pieces on the case, one at the start of trial and one on the verdict. There was also a brief feature article after the end of the second week, concerned only with the amount of money being spent by the city to defend itself. Yet, nowhere in any of the six or seven thick sections of that daily could the reader find one word devoted to either the allegations which brought the lawsuit or the implications therein.

    The cover story of a lone murderer in the pantry, distributed by the Times back in 1968, achieved two major goals. It created a degree of acceptance of the “official” solution which has become almost impossible to dislodge; and by perpetuating this fiction with subsequent news stories, the belief has been encouraged that however tragic the incident, it was essentially meaningless. The Times is not about to give credence to anything other than the official conclusions of the LAPD in the RFK murder. Therefore, giving honest and objective coverage to Scott Enyart’s lawsuit was out of the question. With the official news blackout as the backdrop, Probe will now note how this historic event unfolded.

    Opening arguments began precisely at 10:00 AM on Tuesday July 2, 1996. Enyart attorney Christine Harwell explained to the jury some of the elements of the plaintiff’s case. One of these was the improper seizure of Scott Enyart’s camera and film in the early morning hours of June 5th, 1968. Somewhere along the way however, that changed, because during the jury instructions given on August 6th, 1996, the judge informed the jury they must consider that the LAPD officers who detained 15 year-old Scott Enyart had probable cause to do so and that it was not an unlawful detention. This fact made the confiscation of his camera and film proper in the eyes of the law. The defense won this argument, but it was a dubious ruling at best, because the specific probable cause was never offered or explained.

    Other elements stressed by Harwell included the improper handling of Enyart’s property; failure of the LAPD to properly perform a thorough investigation; deliberate misuse of his film; willful and deliberate misidentification and mislabeling of his property; willful and deliberate failure to provide Enyart with a receipt for his property, even when one was requested; failure to properly and safely preserve evidence (Enyart’s film); the transfer of title to his property without Enyart’s express permission or authority and without even his knowledge; a false assertion by the City of Los Angeles that Enyart’s property, in its entirety, has been returned to him. Ms. Harwell emphasized that the LAPD’s own documents relating to this matter would prove the plaintiff’s case.

    Harwell’s opening statement was interrupted numerous times by defense attorney Skip Miller. His objections mostly relied on the plea that Harwell’s assertions of willful, deliberate and even malicious disregard of this important evidence, were “beyond the scope” of the lawsuit. He literally sprang out of his chair when Harwell suggested that pictures developed from Enyart’s missing film probably showed someone other than Sirhan firing a gun in the kitchen pantry. The judge, Commissioner Elias, sustained the objection. Miller objected again to Harwell’s assertion that many eyewitnesses to the shooting were not even questioned by LAPD and that there was evidence to indicate eyewitness testimony had been altered. Again, the objection was sustained. Miller wanted to keep the focus of the case as narrow as possible. There would be no discussion of a conspiracy in the RFK murder here. That would make for a clear motive for the “mishandling” of Enyart’s film, which might have been the Zapruder film of the RFK case. The judge gave Miller a clear victory by agreeing with him on this narrow grounding of the case.

    skipmillerBy 11:30 AM, Miller had already demonstrated most of the courtroom tactics he would employ during the plaintiff’s portion of the trial, which included frequent objections, apparently meant in part to break up the opposing attorneys’ rhythm and the continuity of their presentation. In his opening argument however, he laid out what would be the brunt of his defense against the charges pending. He told the jury that the defense would prove Scott Enyart to be a liar regarding all the allegations specified in his lawsuit, including the key issues of whether or not Enyart was in the pantry at the time of the shooting; whether he shot three rolls of film or just one; whether LAPD officers who confiscated his camera and film at gunpoint had probable cause and, whether the mishandling of Scott’s film evidence was knowing and willful, or just simple clerical errors.

    Miller’s outline of the defense case fell short of actually stating a solid defense against the charges alleged. Instead, he immediately offered a series of vague, often flippant, explanations and excuses for the specific actions and behavior of certain LAPD officers. He told the jurors that because of a series of “honest mistakes,” the film and photos from Enyart’s film were mislabeled and the error was not uncovered until all these years later – coincidentally with the filing of this lawsuit. He also probably overplayed the cynic’s view by directly challenging the jurors to call him on the issue of whether or not Enyart shot one roll of film (Miller’s contention) or three rolls (Enyart’s testimony). Skip Miller’s entire opening argument took less than 90 minutes.

    The rest of that week and into the second, Scott Enyart was on the stand on direct testimony. Under oath, he never wavered as he related his story to the jury.

    Around 3:30 PM, near the end of court on Monday July 8th, Miller began his cross-examination. As far as the jury was concerned, this must have been one of the most telling moments of the trial. For Enyart was even more convincing on cross-examination, while enduring the pit bull style of the city’s attorney – even when apparently surprised by an unanticipated photo meant to malign his credibility.

    Miller’s opening gambit was an attempt to get Enyart to identify any one of a series of photos from a proof sheet, generated by the LAPD photo lab, as being one of the pictures he took at the Ambassador Hotel in 1968. Enyart, of course, was unable to positively identify any of the photos. He testified that it was impossible to do so since he could not be absolutely sure he had ever seen even one developed picture from any of the three rolls he shot that night.

    From that point on, Miller’s cross-examination never rose above the level of implying rather strongly that Enyart was a liar and/or a “Hollywood wannabe” and insisting to the jury that Enyart was attempting to defraud the city with his lawsuit. An exchange between Miller and Enyart helps illustrate this point.

    Miller attempted to demonstrate to the jury that Enyart was never in the pantry when he said he was. He did this not with any hard evidence, but rather by attempting to get the jurors to go along with his suggestion that Enyart had made up the whole story and, over the years, embellished his role in history.

    The one trial exhibit that Miller entered into evidence during his cross examination served to corroborate Enyart’s claim that he was the lone photographer in the pantry.

    Enyart replied, “What I described seeing [on direct testimony] is what I have vivid memories about seeing in the pantry that night.” Miller responded by shouting, “Isn’t it true Mr. Enyart, that you didn’t actually see what happened [at the moment of the shooting] but just read about it?” It was clear that Miller believed this approach would break down Enyart’s story and convince the jury that Enyart was really a fraud. But Enyart’s testimony under cross-examination convinced the jury that he was genuine.

    The one trial exhibit that Miller entered into evidence during his cross examination served to corroborate Enyart’s claim that he was the lone photographer in the pantry. And further, that he was behind RFK and atop a steam table at the time of the shooting before being shoved off. This photo was taken from in front of RFK by a young, amateur photographer named Richard E. Harrison. In the foreground of the photo, the struggle with Sirhan ensues. In the background, alone atop a steam table, taking pictures, is 15-year old Scott Enyart, just as he has described himself. The Harrison photo is taken from Sirhan’s perspective right after the shots have been fired.

    A seeming contradiction in Enyart’s testimony arose when, during direct examination, he identified himself as the person on a steam table taking pictures in a photograph taken by Time-Life photographer, Bill Epperidge. Enyart stated he first made the identification when he saw the picture in a book Epperidge had published in 1988. The exhibit used during this trial was a two foot square blow-up of the same Epperidge photo. Enyart had never seen this picture blown up before he saw it in court. The person in the picture looked similar, but it was clear that it was not 15-year old Scott Enyart. He had felt for a number of years, that the Epperidge picture helped to corroborate his story. Yet, bravely, he recanted his earlier assertion that he felt it was him in the picture.

    In trying to make hay from the inconsistency of Enyart’s testimony and prove that Enyart was never in the pantry, Miller put photographer Epperidge on the stand, as well as another person in the photograph, photographer Harry Benson.

    But the testimony of both Epperidge and Benson proved negligible and later backfired. For on the issue of whether they remembered seeing a 15-year old boy in the pantry, up on a steam table taking pictures, both admitted to: (1) Not coming into the pantry until well after the shooting and (2) Once inside, focusing all their attention on the area where Robert Kennedy lay mortally wounded and taking picture after picture. Both also stated that their only other concern was positioning themselves to get good shots and this was accomplished by elbowing and shoving their way into position. This rang true because Enyart recalled being shoved off the table by a number of photographers who, after rushing into the pantry, jumped up onto the table to get better shots. Enyart was actually out of the pantry completely when Epperidge took the picture which showed Benson in the background. What this exchange proved was that it was Enyart in the Richard Harrison photo taken right after the shots rang out and it was someone else in the Epperidge blow-up. Enyart had always insisted that he was shoved off the steam table right after the shooting by other photographers. The two photographs seemed to illustrate his point quite vividly.

    On July 10th, Professor Phil Melanson testified on behalf of Scott Enyart. Although he was able to provide the jury with a more historical backdrop to Enyart’s lawsuit, the same testimony was competently given by Paul Schrade, who lives in Los Angeles. This made Melanson’s all-expense paid trip out from Massachusetts seem unnecessary. What is apparent is that Melanson convinced Enyart’s father-in-law and lead attorney, Alvin Greenwald of his value as a witness, so he was added to the plaintiff’s witness list.

    Monday, July 15th, in the afternoon until the end of the day, Miller questioned, out of order, defense witness and retired LAPD captain Frank Patchett. In 1968, Patchett was a police sergeant assigned to Special Unit Senator, in charge of the case preparation team. His cross examination was most interesting.

    Patchett was the first of the retired LAPD witnesses who would testify in this case. His performance on the stand set the standard for the former officers and detectives who were to follow. He went from giving rehearsed, staged “answers” on direct examination, to almost babbling, extemporaneous dubious explanations of those “answers” on cross-examination. He became unable to utter clear and precise statements. His memory became faulty and he was unaware of many facts about key issues. Apparently, to this day, he has never read a book, a magazine, a newspaper or in any way concerned himself with the murder of Robert Kennedy. Not since the dissolution of Special Unit Senator.

    Still, there were some nuggets chiseled out of the mother-lode of information in Frank Patchett’s mind. He even unwittingly confirmed some aspects of an ongoing LAPD cover-up in the RFK assassination and also corroborated Enyart’s version of the events in the pantry.

    For example, Patchett’s version of the struggle with Sirhan for the gun had Rosey Grier and Rafer Johnson not even in the pantry until well after all the shooting ceased! He insisted that the LAPD investigation revealed that, as RFK left the podium, the Senator instructed both Grier and Johnson to “stay with Ethel” (Mrs. Kennedy). According to Patchett, Grier and Johnson only entered the pantry upon hearing shots. They then fought through the panicked crowd attempting to flee the pantry to help Karl Uecker, who had been holding down Sirhan’s arm for some time. Patchett stuck by this version even after being shown the Richard E. Harrison photo wherein Rafer Johnson can be identified as one of those involved in the struggle, either while shots are still being fired or immediately thereafter.

    At another point during cross, Patchett demonstrated the defense method of having it both ways. He stated that everyone who was in the pantry at the time of the shooting was not identified by SUS. Consequently, everyone was not interviewed. Although Patchett did have a record of Enyart’s tape recorded interview of June 5th, 1968 (made at the police station) he had no recollection of ever receiving the interview reports on Scott Enyart. That lack became the basis for his assertion that Enyart’s name was not included on the list of pantry witnesses because, according to LAPD – and argued by Skip Miller – Enyart was never in the pantry. This, in spite of the convincing evidence in the Harrison photo and Enyart’s own assertions. There was never any follow-up investigation about Enyart’s presence in the pantry and no reason given as to why there was none. In spite of his own testimony, Patchett still insisted that his Case Prep Team was not remiss in not following up on discrepancies of this kind. This kind of obstinacy suggests a hidden agenda.

    In light of the above, it appears that the real reason the defense called Frank Patchett may have been to testify about a notation he made to the head of the LAPD photo lab in 1968, a man named Eppling. On the property report which allegedly referred to Enyart’s film, the notation appears: “film privately loaded.” This referred to the fact that the film had been “bulk loaded.” That is, the film was bought in bulk size and not in individual spools. Then, by using a film loading device, it is loaded onto a spool which can be loaded into the camera. Even with the property report in front of him, Patchett could not remember either the significance of the notation or to whose film the notation referred. Yet the notation was there for all to see and could not be easily explained away. It had to be verified and then incorporated into the defense scenario. As we shall see in the second part of this piece, this is where Scott’s former “friend,” Brent Gold, was worked into the defense stratagem.

    During Patchett’s cross-examination, Skip Miller objected to virtually every question asked about documents in the RFK files. Christine Harwell attempted to lay a foundation with Patchett that would allow her to ask pertinent questions of two of the officers named in this lawsuit. Not only did Miller vigorously object, but Commissioner Elias sustained the objection and would not allow documents from LAPD files to be authenticated by the witness. This, despite Miller’s painstaking effort to show Patchett’s bona fides with regard to his knowledge in that area. Every effort to have Patchett identify or acknowledge SUS reports or interview documents, on cross-examination, was blocked with a sustained objection.

    The rest of the third week was devoted to the retired LAPD cadre who had been subpoenaed by each side, including officers Michael Sheills and T.J. Miller, who, along with Dudley Varney, were named as defendants in Scott Enyart’s lawsuit.

    The chief investigator for the defense team, current LAPD detective Stan Salas, stated that they had sent a postcard to Varney’s address and had received no response. Incredibly, Salas could not or would not detail any other method of investigation employed to locate Varney, even though Varney, like the rest of this group, is still on a police pension.

    Although both Sheills and Miller showed up to give their sides of the story, it was pointed out to the jury that Varney could not be located. The chief investigator for the defense team, current LAPD detective Stan Salas, stated that they had sent a postcard to Varney’s address and had received no response. Incredibly, Salas could not or would not detail any other method of investigation employed to locate Varney, even though Varney, like the rest of this group, is still on a police pension. So, former officers Alan Bolinger, Calvin Craig, Sheills, and Miller in turn recited their stories as to how Enyart was first detained and then escorted to the police station, where his film was confiscated. It is interesting that Varney’s key role in this – as the one who questioned Scott at the station and then informed him of his film’s shipment to the State Archives – was the one which could not be examined. It is also interesting that the person who had the other key role, i.e. actually checking in and noting all evidence, did not do well. T. J. Miller was hesitant in response to plaintiff’s questioning, halting in his delivery, seemingly unsure. Even the witness himself noted that he had been advised by consul during a recess on how to strengthen his delivery.

    Throughout the entire trial, the testimony was observed and monitored daily by two LAPD detectives in suits and ties. One may only surmise the reasons they were there every day. But a reasoned guess began to materialize after T. J. Miller’s disappointing appearance.

    Following his testimony, Miller dutifully went over to where the two detectives were and sat down. One sat behind Miller and one sat next to him. It appeared to be a debriefing and critical analysis session, right there in the courtroom, both men loudly whispering in each of his ears. At one point, when each detective stopped speaking, Miller stood up to go. Evidently, Miller was premature. The detective behind him put his hand on Miller’s shoulder and forced him back down into his seat. The session wasn’t over.

    The morning testimony of Wednesday, July 17th, proved to be one of the most memorable of the trial, almost reminiscent of a TV drama. Enyart’s attorneys interrupted their scheduled witness, to call someone who was not on their original list. Someone who had new and vital evidence in the case. An agreement for this witness to appear for a 402 hearing, without the jury present, had been made at the end of the court the previous day.

    Heimanson turned to McCrary and said in effect, “You’re going to win.” McCrary asked him why he thought that. Heimanson replied, “I know what happened to the kid’s film and I know who destroyed it.”

    The witness was a man named William Heimanson. Heimanson is a photographer for the City of Los Angeles, assigned to the Scientific Division of the LAPD, which includes the photo lab. Heimanson has held that position since being hired in February 1990. On or about June 16, 1996 – about two weeks before this trial began – Heimanson had a casual conversation with another photographer, Jim McCrary. McCrary had been subpoenaed by Scott Enyart to testify as a photographic expert witness.

    In the course of their conversation, Heimanson brought up the Enyart trial. He told McCrary that he knew Jim was going to testify for Enyart. Then, Heimanson turned to McCrary and said in effect, “You’re going to win.” McCrary asked him why he thought that. Heimanson replied, “I know what happened to the kid’s film and I know who destroyed it.” McCrary immediately notified Enyart’s attorneys and related the incident. Jim later called Heimanson at home and invited him to have lunch and further discuss the case. Predictably, Heimanson refused and stated he could not speak to McCrary anymore.

    As William Heimanson took the stand at the 402 hearing, he was visibly nervous, almost scared. As he spoke, his voice cracked and quavered and he required several gulps of water. Today, there were not just two detectives in suits observing the trial. Now there were six or seven of them. And they were looking right through Heimanson as he sat rather shakily in the witness chair.

    Under oath, Heimanson denied ever making any such statements to Jim McCrary or any other person. He also seemed to experience severe lack of recall of specific dates, times, persons and critical events. He admitted that he might have discussed the whereabouts of Enyart’s film, at some long-forgotten, point in time with fellow workers. But he considered that type of conversation idle speculation and gossip.

    Both Skip Miller and Commissioner Elias jumped at that opening. As soon as Miller vehemently objected to the line of questioning by plaintiff counsel – on the rather nebulous grounds that it was “outrageous” – Elias sustained the objection. She then ruled that she would not allow the jury to hear testimony she believes is gossip. She then hastily excused Heimanson, subject to recall and still under oath and still under subpoena. So the jury was not allowed to hear a word of this tantalizing, and potentially crucial, piece of testimony regarding the incident.

    At this point, the effects of defense attorney Miller’s courtroom antics – his constant objections, his stream of ridicule and insinuation, his baiting of plaintiff’s consul (Harwell’s partner, Steve Spotaro actually challenged Miller to a fight twice), mostly tolerated and/or upheld by Elias – managed to impute an air of confusion and amorphousness to Enyart’s case. And although many people (including Scott Enyart) believed this case would never go to trial, they believed that if it did, it would clearly be a winnable case. Up to this point, it did not look like justice would be served.


    In Part 2, Dave Manning details the last two weeks of testimony, including the three witnesses who had the most profound impact on the jurors: the plaintiff’s witnesses who virtually won the case for Scott Enyart – Ted Charach and Rose Lynn Magdan – and the behind-the-scenes story of how they almost did not testify. And the defense’s star witness – Enyart “friend” Brent Gold, who accompanied Enyart to the Ambassador Hotel that night. Also, more insight into the jury deliberations and the possible effect of jury foreman Robert Pinger. Included will be updates on current post-trial motions and rulings.


    Part 2 of this article

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    The cartoons were given to us by the extremely talented Martin Cannon. Please do not repost or copy.

  • Ted Charach’s Press Conference: Thane Eugene Cesar’s Gun Found

    Ted Charach’s Press Conference: Thane Eugene Cesar’s Gun Found


    From the July-August, 1995 issue (Vol. 2 No. 5) of Probe


    In truth, heretics are more despised than infidels. In practice, it is never more true than in the attitude of the political elite and the wags who sing their praises, toward the assassination research community. The most recent case in point was the non-coverage of the press conference held by RFK assassination researcher, Ted Charach. Charach used the occasion of the 27th anniversary of RFK’s death to reveal the latest findings in the case. Surprisingly or not so surprisingly, not one reporter from any news organization showed up!

    It is no small coincidence that author Dan Moldea also called a press conference at exactly 11:00 a.m. on Monday, June 5th, ostensibly to hype his latest book The Killing of Robert F. Kennedy. Since the book concludes that Sirhan acting alone shot and killed Robert Kennedy, we wonder if any news organization covered Moldea’s press conference. We certainly did not see, hear or read anything about the press conference, so we’re left to conclude one of two things; either Moldea had nothing very compelling to say or the press coverage in this town is a lot worse than anyone realized.

    In the course of recapping that which is known from the release of his book, articles, video and film presentations, Charach revealed several new pieces of evidence which substantiate the charges of obstruction of justice, subornation of perjury and a cover-up in this case. He also revealed a new wrinkle in his second gun theory. He now believes that not only did Thane Eugene Cesar fatally shoot RFK in the head, but like Sirhan, as discussed in the book The Assassination of Robert F. Kennedy, by Jon Christian and William Turner, Cesar was a programmed assassin and has no memory of the acts he committed that night.

    charach

    Photo by Thomas Smith, showing Ted Charach holding a picture of Coroner Thomas Noguchi indicating the point of entry to the bullet that struck Robert Kennedy at point blank range in the back of the head. Sirhan was shooting from, according to eyewitnesses, no closer than one and a half feet in front of Kennedy.

    Charach displayed copies of documents recovered from state archives which bolstered the 1970 testimony of criminalist William Harper. Harper testified that LAPD criminalist DeWayne Wolfer had falsified the results of the test-firing of the gun used by Sirhan. The documents clearly show the serial number of the gun test-fired by Wolfer as H-18602. Yet, the serial number of Sirhan’s gun is actually H-53725. Wolfer has always stated (even under oath) this discrepancy was merely a “clerical error.”

    Charach also revealed that last year he made a trip to the Middle East. During that trip he met with members of the Israeli Mossad who, Charach implied, had been aware of the CIA’s use of Sirhan Bishara Sirhan as a mind-control subject and a programmed assassin. He offered up a film he had made of these discussions with the Mossad agents to any legitimate news service organization for airing and analysis on American television.

    Another film he offered to any news service organization was that of an interview of shooting eyewitness Donald Schulman who that night told Jerry Dunphy of KNXT news (now KCBS) that a security guard had fired his gun back at Sirhan and had accidentally shot RFK. Jerry Dunphy and KCBS have denied that this interview ever took place. Of course, since no news organization was represented at the press conference, nobody took Charach up on his offer to air either of these films.

    Finally, Ted Charach, who refers to himself as the “Father of the Second Gun Theory” in the assassination of Robert F. Kennedy, has teamed up with feature film producers, Beaux Carson and Tim Gibbons to tell the story of the search for the second gun and the lives who have been affected by the search.

    The project is titled, “Operation Tinker Toy” – Phase I and Phase II. It’s the story of how the gun turned up in the possession of certain residents of a little town in Arkansas, and how their lives took rather dramatic turns for the worse under possession of this gun. Their story is told within the backdrop of Charach’s 25 year search for it.

    At one point during the press conference, Beaux Carson brought in a man toting a metal briefcase and a handcuff attached to his wrist. Inside the briefcase was the nine-shot, .22 caliber revolver, serial number Y-13332, salvaged from a muddy pond in Arkansas after 25 years. This is the gun which was owned by Thane Eugene Cesar and which Charach believes is the second gun used in the assassination. Sirhan’s gun was an eight-shot, Iver-Johnson Cadet, .22 caliber revolver, serial number H-53725.

    This was the first public display of the gun since its recovery in 1993. Carson announced that tests on the gun and test-firings will be made sometime this year by independent forensic labs. He stated he had also been approached by law enforcement agencies who expressed interest in test-firing the gun using their own forensic experts. He hesitated to identify which law enforcement agencies were interested.

    We came away from the press conference believing ourselves more blessed for the cursed heretic and despising evermore the beloved infidel.