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  • Judge Brown Slams Memphis Over the King Case


    From the July-August 1998 issue (Vol. 5 No. 5) of Probe

    As recorded by Dick Russell


    The following is a transcription of Judge Joe Brown’s remarks made on the 30th anniversary of the assassination of Martin Luther King on April 3, 1998 at the Centenary Methodist Church in Memphis. The remarks were transcribed by author Dick Russell who will be writing an article for High Times this fall on this conference. Russell is also the author of the current book Black Genius which was published by Carroll and Graf earlier this year. Our thanks to Dick for letting us share this transcription with our readers.


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  • 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.

  • The Curious Case of Dan Moldea


    From the May-June 1998 issue (Vol. 5 No. 4) of Probe


    In 1995, Dan Moldea wrote his apologia for the LAPD (and especially DeWayne Wolfer) for their handling of the Robert F. Kennedy assassination. To put this act in perspective, one must go through the LAPD files in Sacramento. After undergoing that long, laborious, painful process one can pretty accurately make the following statement: what the LAPD did in the Robert Kennedy case is as bad, and probably worse, than what the Dallas Police did in regards to the John Kennedy murder. Probably worse because, unlike the JFK case, the LAPD had final disposition over the Robert Kennedy murder. So Moldea’s attempt to get LAPD off the hook – and simultaneously make Sirhan the fall guy – is pretty galling. How does he try to do it?

    In the opening pages of his book, Moldea makes the following claim:

    As in all of my previous works, everything in this book has been extensively fact-checked….Nearly all of its major and minor characters and sources – including both Sirhan and Cesar – have been permitted to approve their quoted words as well as given the opportunity to amend and expand upon them.

    This statement is dubious. Moldea had provided Sirhan B. Sirhan a chance to fact-check an eight-page report culled from his visits with the prisoner. Nowhere in those pages did Moldea show Sirhan the following dialogue attributed to him in the book:

    Suddenly, in the midst of their conversation, Sirhan started to explain the moment when his eyes met Kennedy’s just before he shot him. Shocked by what Sirhan had just admitted, McCowan asked, “Then why, Sirhan, didn’t you shoot him between the eyes?” With no hesitation and no apparent remorse, Sirhan replied, “Because that son of a bitch turned his head at the last second.”

    Reading this, Sirhan sternly denied such an exchange. Yet Moldea claims he fact-checked all quotes for attribution. Moldea was never allowed to see Sirhan alone. He was always accompanied by at least Sirhan’s brother Adel. Adel also denies that Moldea ever asked Sirhan about it. What makes it worse is that it now turns out that this comment was delivered to Moldea thirdhand, from Robert Blair Kaiser who got it from defense investigator Mike McCowan.

    Lynn Mangan, Sirhan’s chief researcher, had seen a pre-publication copy of the book. Since she had been with Moldea on one visit and knew Sirhan very well, she realized that the quote was hardly tenable. She called up Adel who reaffirmed her belief. When Mangan asked Moldea when and where this conversation took place, the author told her that he would mail her McCowan’s affidavit testifying to these matters. Three years later, Moldea has yet to come through with the affidavit.

    In a letter to Mangan dated 6/24/95, Sirhan wrote the following about the matter:

    I flatly deny making the statement Moldea ascribes to me in his book via Kaiser via McCowan. This quote was never mentioned by Moldea during any of his visits with me….

    Whenever he [McCowan] came with the others (he seldom came alone) I told him all I could remember of the shooting night – the same stuff that I told whoever asked me including the psychiatrists. McCowan was much more interested in my background than in the shooting scene.

    ….He always had that smooth chatty “I am your best friend attitude – an insincere chumminess, and he made statements that included the answer or inference that he wanted to establish. I remember when after Mrs. Naomi Weidner testified, against my wishes, about the atrocities in the M.E. [Middle East], McCowan came to me and whispered that my discussing the atrocities with Mrs. Weidner months before, was a clever tactic. After a hypnosis session with Dr. Diamond, McCowan tells me as though with knowing confidence that I got the doctors fooled, which was not the case.

    McCowan has very, very seldom come to mind over the years because I realized when I was on Death Row that he did not give a damn about me from the outset, and that he was out for all the glory he could get at my expense like [attorneys] Parsons and Cooper were….

    The above incident raises some questions about Moldea’s methods and approach which go to the heart of his book. Moldea starts by giving the usual evidence of conspiracy as known in 1995. He mentions the evidence of extra bullets, the muzzle distance problem, the girl in the polka dot dress (which, incredibly, he considered a “red herring”) etc. He then says that throughout his inquiry, LAPD gave him a hard time. They scolded him about relying on the testimony of untrained eyewitnesses. They advised him to interview trained crime scene observers, such as the L.A. police. So Moldea does. But upon doing so, the cops end up saying pretty much what the eyewitnesses did, i.e. there were too many bullets, there were additional suspects, there was a cover-up. The logical conclusion is that, since both groups agree, they must both be right. Wrong. Incredibly, Moldea concludes that cops are simply no more reliable than ordinary people when it comes to observing details at a crime scene!

    For a good overview of Moldea’s methodology, consider his closing chapter entitled “What Really Happened”. Here Moldea pretends to tie up all the loose ends that indicate a conspiracy. It makes for amusing reading for anyone familiar with the facts of the case.

    ….

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

  • Fatal Justice: The Death of James Earl Ray


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  • 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)

  • Harvey, Lee and Tippit: A New Look at the Tippit Shooting


    From the January-February, 1998 issue (Vol. 5 No. 2) of Probe


    At 10:00 AM on Wednesday, November 20, 1963, Dallas Police Officer J.D. Tippit was having coffee at the Dobbs House Restaurant. Another man, known to employees as a regular “coffee customer,” was complaining loudly about his order of eggs to waitress Mary Dowling. Tippit, a frequent customer, noticed the incident but said nothing. The man complaining was later identified by the owner and employees of the Dobbs House as “Lee Harvey Oswald.”

    On the morning of November 22nd, J.D. Tippit hugged his oldest son Allen and said, “no matter what happens today, I want you to know that I love you.” Such overt signs of affection toward his son were uncharacteristic of Tippit. This was the last time young Allen Tippit saw his father alive. Some time later, “Lee Harvey Oswald” was seen at the Top Ten Record Store-a block from the Texas Theater. Oswald returned a short time later and was in the small record shop at the same time J.D. Tippit was there. An hour later Lee Oswald walked into the Jiffy Store on Industrial Blvd near Dealey Plaza. He purchased two bottles of beer and was asked for identification by store clerk Fred Moore. When Oswald displayed his Texas driver’s license, Moore remembered the birthdate on the license as “October, 1939.” When Oswald returned a short time later he purchased “peco” brittle. Beer and peco brittle seemed an unusual combination and was remembered by Fred Moore.

    Neither the employees nor owners of the Dobbs House Restaurant, Top Ten Record Store or the Jiffy Store were called to testify before the Warren Commission. And with good reason. On November 20th and 22nd, “Lee Harvey Oswald” was working at the Texas School Book Depository (TSBD). He could not have been at the Dobbs House Restaurant nor the Top Ten Record Store in Oak Cliff, nor the Jiffy Store on Industrial Blvd.

    The Tippit shooting, like the Kennedy assassination, has befuddled researchers for years. One of the main problems has been witness testimony placing Oswald in different places at the same time. Was Oswald in the 6th floor window or the 2nd floor lunchroom of the TSBD at the time of the assassination? Did Oswald leave Dealey Plaza in William Whaley’s cab or in a Rambler Station Wagon? Was Oswald sitting in the Texas Theater or shooting Officer Tippit at 1:15 PM? If Oswald was in the Dallas Jail at 2:00 PM, who was the man, identified as “Lee Harvey Oswald,” driving a red Ford Falcon on West Davis Street in Oak Cliff-a car with license plates that belonged to J.D. Tippit’s best friend?

    Other questions remain unanswered. Why were the spent cartridges given to Officer Poe at the scene of the Tippit shooting not identified by him four months later? Was there enough time for Oswald to have walked from 1026 N. Beckley to 10th & Patton? Why did some witnesses identify Oswald as Tippit’s killer while others did not? The questions seem to multiply. The Warren Commission carefully chose a few select witnesses and questionable evidence to support their conclusion that Oswald shot Tippit. But when all of the evidence surrounding the Tippit shooting is properly examined, a far different picture emerges.

    Leaving Dealey Plaza

    Shortly before 12:30 PM a photograph captured the image of a man in the southwest corner window of the TSBD. (This photograph can be found in The Search for Lee Harvey Oswald on page 109.) The man appears to be wearing a white T-shirt and has a hairline nearly identical to a photograph of Lee Oswald taken by Robert Oswald (Lee, page 96-97). Arnold Rowland described a person wearing “a light-colored shirt,” probably the same man, at the west end window of the 6th floor 15 minutes before the assassination. The man in the window could have been “Lee Oswald” who had been impersonating and setting up “Harvey Oswald” as a patsy for the past three months. (See my two previous articles “Harvey and Lee” in the last two editions of Probe.)

    Jack Ruby telephoned a friend on November 22nd and asked if he would “like to watch the fireworks.” Unknown to Ruby, his friend was an informant for the criminal intelligence division of the Internal Revenue Service. He and Ruby were standing at the corner of the Postal Annex Building at the time of the shooting. Minutes after the shooting Phil Willis, who knew Jack Ruby, saw and photographed a man who looked like Ruby near the front of the School Book Depository.

    Harvey Oswald told police he had been in the lunchroom at the time of the assassination and had “committed no acts of violence.” Coworker Charles Douglas Givens remembered Oswald wore a brown, long sleeved shirt the day of the assassination. This brown shirt was noticed by Mary Bledsoe when Oswald boarded the Marsalis bus and again by cab driver William Whaley when he drove Oswald to Oak Cliff. Although many people have felt Whaley was not credible, I think there is reason to believe his original, pre-Warren Commission identification because of the other details he noticed, such as an identification bracelet on his left wrist. Oswald was later photographed wearing just such a bracelet and the bracelet appears in the Dallas Police inventory as well. Whaley described, in various separate reports, a dark or brown shirt with a light or shiny colored streak in it.

    Does this mean Lee Oswald (white shirt) and Harvey Oswald (brown shirt) were both in the TSBD at the time of the assassination? Did they both leave Dealey Plaza shortly after the assassination? Let us follow the evidence.

    On the Oak Cliff side of the Houston Street viaduct is the Good Luck Oil Company service station (GLOCO). Five witnesses saw J.D. Tippit arrive at the GLOCO station at 12:45 PM. He sat in his car and watched traffic cross the bridge from Dallas for about 10 minutes. There were no police dispatches ordering Tippit to this location. If Tippit was not somehow involved, why was he sitting there watching traffic? Within a minute of the cab passing the GLOCO station, Tippit left and sped south on Lancaster. Two minutes later, at 12:54 PM, Tippit answered his dispatcher and said he was at “8th and Lancaster”-a mile south of the GLOCO Station. He turned right on Jefferson Blvd. and stopped at the Top Ten Record Store a few minutes before 1:00 PM. Store owner Dub Stark and clerk Louis Cortinas watched Tippit rush into the store and use the telephone. Without completing his call or speaking to store personnel Tippit left, jumped into his squad car, and sped north across Jefferson Blvd. He ran a stop sign, turned right on Sunset and was last seen speeding east-one block from N. Beckley. Tippit was then two minutes (at 45 mph) from Oswald’s rooming house. Tippit’s whereabouts for the next 8-10 minutes remain unknown.

    Cab driver Whaley let Harvey Oswald off near the corner of Neeley and Beckley around 12:54 PM (Tippit was driving past 8th & Lancaster). Oswald walked 6 blocks to his rooming house arriving near 1:00 (Tippit was at the Top 10 Record Store). Housekeeper Earlene Roberts told Secret Service Agent William Carter (12/5/63) “Oswald did not have a jacket when he came in the house and I don’t recall what type of clothing he was wearing.” While inside his room, Earlene Roberts glanced out her front window and saw a Dallas police car drive by slowly and honk the horn twice. She told the Warren Commission the police car was #107. Tippit’s car was #10. If this car was not Tippit’s, then whose car was it? All other Dallas Police cars were accounted for that day. While in his room, Oswald changed pants and, if you believe the Warren Commission, picked up his gun. Yet Earlene Roberts cleaned his extremely small room. She never saw a gun, nor a holster. Housekeepers like Earlene Roberts usually do as thorough a cleaning job as a NY cleaning service like http://www.cleaningservicenewyorkcity.com/industrial-cleaning-services.html so it isn’t likely she missed a gun or holster in Oswald’s possession.

    On November 30th, FBI Agent Alan Manning interviewed Mrs. Evelyn Harris. In his summary of that interview, he wrote:

    the daughter of Mrs. Lucy Lopez, a white woman married to a Mexican, worked at a sewing room across the street from the TSBD. Her daughter and some of the other girls knew Lee Harvey Oswald and also were acquainted with Jack Ruby. They observed Jack Ruby give Oswald a pistol when Oswald came out of the building.

    This writer does not offer an opinion regarding the allegations stated in this FBI report. It is a fact that Oswald tried to fire a pistol in the Texas Theater (heard by Dallas Police officers and theater patrons). It is a fact that the FBI determined that this pistol had a defective firing pin. One has to wonder how a pistol with a defective firing pin could fire four shots at Officer Tippit and then fail to fire in the theater. If the girls are correct, Ruby could have intentionally given Oswald a pistol with a defective firing pin. This allegation was never followed up by the FBI, as there are no known interviews of these girls nor was Ruby ever questioned about this.

    Harvey Oswald left the rooming house wearing a “dark jacket” and was last seen by Earlene Roberts on the corner of Zang and Beckley around 1:03 PM. During the next few minutes Oswald managed to get to the Texas Theater, over a mile away, without being seen by anyone en route. The only explanation that makes sense is that he was driven to the theater-a two and one half minute ride-perhaps by Tippit.

    The Texas Theater

    Researcher Jones Harris interviewed Julia Postal in 1963. When Harris asked Julia Postal if she had sold a ticket to “Oswald” (the man arrested), she burst into tears and left the room. A short time later Harris again asked Postal if she sold a ticket to “Oswald” and got the same response. From Postal’s refusal to answer this question and her reaction to same, Harris believes that Postal did sell “Oswald” a theater ticket. On February 29, 1964 Postal told FBI Agent Arthur Carter “she was unable to recall whether or not he bought a ticket.” (A few months later, when the Warren Report was issued, Postal’s memory had improved. She was now certain the man did not buy a ticket. See page 178 of the report.)

    Butch Burroughs, an employee of the Texas Theater, heard someone enter the theater shortly after 1:00 PM and go to the balcony. Harvey Oswald had apparently entered the theater and gone to the balcony without being seen by Burroughs. About 1:15 PM Harvey came down from the balcony and bought popcorn from Burroughs. Burroughs watched him walk down the aisle and take a seat on the main floor. He sat next to Jack Davis during the opening credits of the first movie, several minutes before 1:20 PM. Harvey then moved across the aisle and sat next to another man. A few minutes later Davis noticed he moved again and sat next to a pregnant woman. Just before the police arrived, the pregnant woman went to the balcony and was never seen again. In addition to Harvey there were seven people watching the movie on the main level (six after the pregnant woman left). Within 10 minutes, he had sat next to half of them.

    We have followed the probable movements of the man wearing the “brown shirt,” Harvey Oswald, from the Book Depository, to the bus, to the cab and to the rooming house. We still don’t know how he managed to get from the rooming house to the Texas Theater without being seen. What about Lee Oswald, the man wearing the “white shirt,” and possibly seen by Arnold Rowland in the west end window of the 6th floor shortly before the assassination?

    The Man on the 6th Floor?

    Another man was seen on the sixth floor shortly before the assassination by Richard Carr. Carr described him as “heavy set, wearing a hat, tan sport coat and horn rim glasses.” Minutes after the shooting, James Worrell saw a person described as “5’10” and wearing some sort of coat” leave the rear of the Depository heading south on Houston Street. Carr saw the same man and recognized him as the man he had seen on the 6th floor of the Book Depository. The man walked south on Houston, turned east on Commerce, and got into a Rambler station wagon parked on the corner of Commerce and Record. The Rambler was next seen in front of the Book Depository by Deputy Sheriff Roger Craig. Craig saw a person wearing a light-colored, short-sleeved shirt, who he later identified as Oswald, get into the station wagon and then travel under the triple overpass towards Oak Cliff. Marvin Robinson was driving his Cadillac when the Rambler station wagon in front of him abruptly stopped in front of the Book Depository. A young man walked down the grassy incline and got into the station wagon which subsequently sped away under the triple overpass. A third witness, Roy Cooper, was behind Marvin Robinson’s Cadillac. He observed a white male wave at, enter, and leave in the station wagon. A photograph, taken by Jim Murray, shows a man wearing a light-colored short-sleeved shirt headed toward the Nash Rambler station wagon in front of the Book Depository. Deputy Sheriff Roger Craig, also in the photo, is pictured looking at the man and the station wagon. The Hertz sign, on top of the Book Depository, shows the time as 12:40 PM. The man in the white shirt, possibly Lee Oswald, left Dealey Plaza in the station wagon and was last seen heading toward Oak Cliff.

    Scene of the Shooting

    Twenty minutes later, in Oak Cliff, a man resembling Lee Oswald is seen hurrying past the 10th Street Barber Shop-a block from Jack Ruby’s apartment. Mr. Clark, a barber, said he saw a man he would bet “his life on” was Oswald passing his shop in a great hurry. At 1:00 PM bricklayer William Lawrence Smith left his construction job for lunch at the Town and Country Cafe-two doors west of the 10th Street Barber Shop. While walking east to the cafe a man, who he later identified as Oswald, walked passed him heading west-toward 10th & Patton. A minute later, Oswald was seen by Jimmy Burt and William. A. Smith walking west. The Warren Commission told us Oswald was walking east.

    The clock read 1:04 PM as Helen Markham left the washateria of her apartment house near the corner of 9th & Patton. While walking south on Patton she noticed a police car driving slowly east on 10th Street. One half block in front of Markham, on the opposite side of Patton, cab driver William Scoggins was eating lunch in his cab. Scoggins noticed a man walking west as Tippit’s patrol car passed slowly in front of him. Jack Tatum, sitting in his red 1964 Ford Galaxie a block east, noticed the same man turn and walk toward the police car. Tatum turned left onto 10th street and drove slowly west past Tippit’s car. Tippit was then talking to the man through the passenger side car window. Tatum said “it looked as if Oswald and Tippit were talking to each other. There was a conversation. It did seem peaceful. It was almost as if Tippit knew Oswald.” Tatum noticed that the man had dark hair, was wearing a white T-shirt, white jacket and had his hands in his pockets. Seconds later Tatum drove past Helen Markham, who was standing at the corner of 10th & Patton, waiting for him to pass. The police car was stopped 100 feet to the east. She noticed a man was talking to the policeman through the car window. Domingo Benavides, in his 1958 Chevrolet pickup, was driving west on 10th Street approaching Tippit’s car. Jimmy Burt and William Arthur Smith were sitting on the front porch at 505 E. 10th.

    Officer Tippit got out of his patrol car and was walking to the front of the car when the man pulled out a gun and shot him. Startled by the shots, Benavides turned his truck into the curb and ducked under the dash-he was 20 feet away. William A. Smith and Jimmy Burt ran towards Burt’s car. Markham fell to her knees, covered her eyes, and began screaming.

    When Jack Tatum heard shots, he stopped his car, looked over his shoulder and saw Tippit lying on the ground. He saw the gunman walk around the rear of the police car, then turn and walk along the driver’s side of the car to where Tippit had fallen. The man then shot Tippit in the head. Tatum said “whoever shot Tippit was determined that he shouldn’t live and he was determined to finish the job.” Smith and Burt jumped in Burt’s 1952 blue Ford and sped to the scene of the shooting-less than a block away. Burt got out of the car in time to see Tippit’s assailant hurrying south on Patton Street. Smith described Tippit’s killer as wearing a white shirt, light brown jacket, dark pants and dark hair.

    After the Shooting

    Frank Wright and his wife (a half block east at 501 E 10th), and Acquilla Clemmons (one block west at 327 E. 10th) heard shots, but did not actually see the shooting. Wright, nearly a block east, said he saw a man standing over a policeman who had just been shot but did not see a gun. The man got into a car facing the opposite direction and drove off. The car was described by Wright as a gray, 1951 Plymouth coupe. Wright is the only witness who claimed the assailant drove off in a car. Clemmons, nearly a block west, said she saw another person that appeared to be involved with the shooter in some way. She is the only witness who implied that two people were involved in the shooting.

    We know Arthur Smith and Jimmy Burt, a block east, drove to the scene of the shooting within a half minute. Burt jumped out of his car and ran to the corner, a distance of 100 feet, in time to see the assailant scurrying south on Patton. Jimmy Burt may have been the second man seen by Clemmons. Burt quickly returned to his car and immediately drove off. Burt may have been the man seen by Frank Wright (a block east) leaving in a car described by Wright as a “grey, 1951 Plymouth coupe,” although Burt left the scene driving his two tone blue 1952 Ford.

    Wright’s wife called the police to report the shooting. After several minutes Domingo Benavides got out of his pickup and tried to use the police radio. Mr. Bowley, who was driving west on 10th Street and did not see the shooting, stopped and used the police radio to report the shooting. Bowley looked at his watch-the time was 1:10 PM (Commission Exhibit 2003). Helen Markham, who was walking to catch the 1:12 PM bus for work, said the shooting occurred at 1:06 PM. Deputy Sheriff Roger Craig was aiding in the search of the TSBD building. When he heard the news that a police officer had been shot he looked at his watch and noted the time was 1:06 PM. An original police transcript, found in the National Archives, lists the time of transmission as 1:10 PM. If Markham, Bowley, Craig, and the original Dallas Police broadcast times are correct, Tippit was shot prior to 1:10-when Harvey was very likely sitting in the balcony of Texas Theater. If Tippit was shot as early as 1:10, “Harvey Oswald” could not possibly have ran from his rooming house to 10th & Patton, a distance of 1.2 miles, in 6 minutes. In addition to this time problem, not a single witness, in heavily populated Oak Cliff, saw anyone resembling Harvey Oswald after the Tippit shooting (except Mrs. Roberts and those at the Texas Theater).

    In order for the Warren Commission to assert that Oswald killed Tippit, there had to be enough time for him to walk from his rooming house to 10th & Patton-over a mile away. The Warren Commission and HSCA ignored Markham’s time of 1:06 PM, did not interview Bowley (1:10 PM), did not ask Roger Craig (1:06 PM) and did not use the time shown on original Dallas police logs. Instead, the Warren Commission (1964) concluded that Oswald walked that distance in 13 minutes. The House Select Committee on Assassinations (1978) determined the time was 14 minutes, 30 seconds. Both concluded Oswald was last seen at the corner of Beckley and Zang at 1:03 PM. Either of their times, 13 minutes or 14 minutes and 30 seconds, would place Oswald at 10th & Patton at 1:16 PM or later. The time of the Tippit shooting as placed by the Commission,1:16 PM, contradicted the testimony of Markham, Bowley, Craig and the Dallas Police log. Another problem for the Warren Commission to overcome was the direction in which Oswald was walking. If he was walking west, as all of the evidence suggested, he would have had to cover even more ground in the same unreasonably short period of time. The Dallas Police recorded that the defendent was walking “west in the 400 block of East 10th.” The Commission ignored the evidence-5 witnesses and the official Dallas Police report of the event-and said he was walking east, away from the Texas Theatre.

    Whose Jacket is it Anyway?

    An ambulance was dispatched from Dudley Hughes Funeral Home (allegedly at 1:18 PM) and arrived within a minute. Tippit’s body was quickly loaded into the ambulance by Clayton Butler, Eddie Kinsley (both Dudley Hughes employees) and Mr. Bowley. Tippit’s body was en route to the Hospital by the time the Police arrived. Dallas Police Officer Westbrook found a brown wallet next to where Tippit had fallen. He showed the wallet to FBI Agent Barrett. The wallet contained identification, including a driver’s license, for Lee Harvey Oswald. It seems unbelievable that anyone would leave a wallet, containing identification, next to a policeman he has just shot. But Barrett insists Oswald’s wallet was found at the Tippit murder scene. If Tippit’s assailant was the man who impersonated Harvey Oswald for the previous two months, setting him up for the assassination, then the wallet was left at the scene of the Tippit shooting for the authorities to find. Perhaps this was Lee Oswald’s last act of setting up Harvey as a “patsy.” If so, it left Lee without identification and gave the police a reason to search for that cop killer, Lee Harvey Oswald.

    Virginia Davis saw Tippit’s killer, possibly Lee Oswald, cross her yard at 400 E. 10th while shaking the empty shells out of his gun. Virginia found an empty shell and turned it over to Dallas Police Detective Dhority. Barbara Davis, Virginia’s older sister, found a second shell and turned it over to Dallas Police Captain George M. Doughty. Domingo Benavides found two more empty shells and pointed them out to Officer J. M. Poe. Poe wrote his initials on the inside of the shells and put them in an empty cigarette package.

    Lee Oswald hurried south on Patton and passed within 60 feet of Ted Callaway, manager of Harris Brothers Auto Sales (501 E. Jefferson). Callaway noticed Oswald’s white “Eisenhower type” jacket and white T-shirt. When shown the brown shirt worn by Harvey Oswald when arrested, Callaway told the Warren Commission “Sir, when I saw him he didn’t have-I couldn’t see this shirt.” He noticed Oswald’s face was “very flush” and had dark hair. Sam Guinyard, who worked as a porter for Callaway, told the police he saw a “white man” running south on Patton.

    Warren Reynolds saw a man “run south on Patton toward Jefferson Street and then walk at a fast rate of speed west on Jefferson.” He last observed the individual turn north by the Ballew Texaco Service Station. When later shown a photograph of Oswald, Reynolds said he would hesitate to identify Oswald as the individual he saw. L. J. Lewis, standing beside Reynolds, observed the same man and said he “would hesitate to state whether the individual was identical with Oswald.” Harold Russell and B. M. Patterson were with Reynolds and Lewis at the time of the shooting. They identified the individual they saw as Oswald from a photograph.

    The man wearing a white shirt and jacket hurried west on Jefferson and passed the Ballew Texaco Station. Mary Brock said an individual with a “light complexion” and wearing “light clothing” walked passed her at a fast pace with his hands in his pockets. Five minutes later Reynolds and Patterson appeared at the station making inquiry as to whether she had noticed a man pass the station. She advised that she last saw the individual when he proceeded north behind the station. Mrs. Brock identified the individual as Oswald from a New Orleans police photograph, but not until ten months later.

    According to the Warren Report, Tippit’s killer discarded a light-colored jacket underneath a 1954 Oldsmobile in the parking lot next to the Texaco station. This left him wearing only a white T-shirt. The jacket, soon found by police, was later described (CE 2003) as a grey man’s jacket, “M” size in collar (medium, even though all of Oswald’s other clothes were sized small), zipper opening, name tag “created in California by Maurice Holman.” There were numerous laundry marks-“30” and “650” in the collar, K-42 printed on a Tag-O-lectric type marking machine. On the bottom of the jacket was another laundry tag “B-9738.” The cleaning tags and laundry marks noted on the inside of the jacket suggest it was professionally cleaned on several occasions. The FBI tried and failed to locate a cleaning establishment from which any of these cleaning tags originated. The FBI examined all of Oswald’s other clothing and failed to find a single laundry tag or mark. Marina told the FBI (CE 1843) that “Lee Harvey Oswald” had only two jackets, one a heavy jacket, blue in color (later found at the TSBD), and another light jacket, grey in color. She said both of these jackets were purchased in Russia. Neither of these jackets were ever sent to any laundry or cleaners anywhere-she recalled washing them herself.

    According to DPD and FBI interviews of witnesses on November 22nd and 23rd, Tippit’s killer was described as a white male, wearing black or dark pants; black shoes; black or dark brown hair; flush, light or red complexion; white shirt or white T-shirt, and a white or tan or otherwise light-colored Eisenhower type jacket. Police broadcasts (CE 1974) described the suspect as a “white male, about 30, 5’8,” black hair, slender, wearing a white jacket, white shirt and dark slacks.” The descriptions of Tippit’s killer by several witnesses and police broadcasts are reasonably consistent with each other, but not with the Oswald arrested minutes later at the Texas Theater.

    Man in the Balcony, Man in the Alley

    Johnny C. Brewer claimed that on the day of the assassination, he saw a man standing in the lobby of his shoe store at about 1:30 PM. He watched the man walk west on Jefferson and thought (Brewer says he is not positive) that he ducked into the Texas Theater. It was not until December 6th, two weeks after Harvey Oswald’s arrest, that Brewer described the man he saw as wearing a brown shirt. He asked theater cashier Julia Postal if she had sold the man a ticket. Postal replied “she did not think so, but she had been listening to the radio and did not remember.” She did remember, when testifying before the Warren Commission, that she sold 24 tickets that day.

    The Texas Theater has a main floor level and a balcony. Upon entering the theater from the “outside doors,” there are stairs leading to the balcony on the right. Straight ahead are a second set of “inside doors” leading to the concession stand and the main floor. It is possible to go directly to the balcony, without being seen by people at the concession stand, by climbing the stairs to the right. Brewer walked through the first and second set of double doors to the concession stand. He asked Butch Burroughs, who operated the concession stand, if he had seen the man come in. Burroughs said that he had been busy and did not notice. Brewer checked the darkened balcony but did not see the man he had followed. Brewer and Burroughs then checked and made sure the exits had not been opened. Brewer then went back to the box office and told Julia Postal he thought the man was still in the theater and to call the police.

    Julia called the police. Police broadcasts at 1:45 PM reported “Have information a suspect just went into the Texas Theater . . . Supposed to be hiding in the balcony” (17H418). When the police arrived, they were told by a “young female,” probably Julia Postal, that the man was in the balcony. The police who entered the front of the theater went to the balcony. They were questioning a young man when Officers Walker, McDonald and Hutson entered the rear of the theater. Hutson counted seven theater patrons on the main level. From the record, these seven would break down as follows:

      2 Two boys (half way down center section searched by Walker & McDonald while Hutson looked on)
      1 Oswald (3rd row from back-center section)
      1 Jack Davis (right rear section-Oswald first sat next to him)
      1 Unknown person (across the aisle from Davis-Oswald left his seat next to Davis and moved to a seat next to this person; Oswald then got up and walked into the theater lobby)
      1 George Applin (6 rows from back-center section)
      1 John Gibson (1st seat from the back on the far right side)

    Oswald bought popcorn at 1:15 PM, walked to the main floor and reportedly took a seat next to a pregnant woman. Minutes before police arrived, this woman disappeared into the balcony and was never seen again. She was not one of the seven patrons counted by Officer Hutson.

    Captain Westbrook and FBI Agent Barrett came into the theater from the rear entrance minutes later. Westbrook may have been looking for “Lee Harvey Oswald”-identified from the contents of the wallet he found at the scene of Tippit’s murder.

    From police broadcasts, the police were looking for a suspect wearing a white shirt, white jacket, with dark brown or black hair, and hiding in the balcony. But their attention quickly focused on a man wearing a brown shirt with medium brown hair, on the main floor. When this man was approached by Officer McDonald, he allegedly hit McDonald and then tried to fire his .38 revolver. Several police officers and theater patrons heard the “snap” of a pistol trying to fire. A cartridge was later removed from the .38 and found to have an indentation on the primer. An FBI report described the firing pin as “bent.” The man in the brown shirt, Harvey Oswald, was subdued by Officers Hawkins, Hutson, Walker, Carroll and Hill, and then handcuffed. Captain Westbrook ordered the officers to “get him out of here as fast as you can and don’t let anybody see him.” As he was taken out the front, Julia Postal heard an officer remark “We have our man on both counts.” In an FBI report, we find the following:

    this was the first time that she [Postal] had heard of Tippit’s death, and one of the officers identified the man they arrested by calling out his name, “Oswald”.… (Emphasis added. FBI report 2/29/64 by Arthur E. Carter.)

    If the person who identified Oswald by name was Captain Westbrook, he could have obtained Oswald’s name from identification-perhaps the Texas driver’s license-in Lee Oswald’s wallet found at the scene of the Tippit shooting. If someone other than Captain Westbrook identified Oswald by name, then someone in the Dallas Police had prior knowledge of Oswald. Identification of the policeman who made this statement might have aided in answering this question.

    Harvey Oswald, the man wearing the “brown shirt,” who probably bought a ticket from Julia Postal, bought popcorn from Butch Burroughs at 1:15 PM, sat next to Jack Davis before the main feature began at 1:20 PM, sat next to another identified patron, and then sat next to a pregnant woman (who disappeared), was brought out the front entrance and placed in a police car. En route to City Hall, Oswald kept repeating “Why am I being arrested? I know I was carrying a gun, but why else am I being arrested?” In light of the above, it was a good question to pose.

    The police (Lt. Cunningham and Detective John B. Toney) did question a man in the balcony of the theater. Lt. Cunningham said “We were questioning a young man who was sitting on the stairs in the balcony when the manager told us the suspect was on the first floor.” Detective Toney said “There was a young man sitting near the top of the stairs and we ascertained from manager on duty that this subject had been in the theater since about 12:05 PM.” Notice that both Cunningham and Toney say they spoke to the “manager.” Manager? We know from Postal’s testimony that the owner of the theater, John Callahan, left for the day around 1:30 PM. The projectionist remained in the projection room during Oswald’s arrest. Julia Postal remained outside at the box office. Burroughs was the only other theater employee and, according to his testimony, he “stayed at the door at the rear of the theater” (near the concession stand), “did not see any struggle” and then “remained at the concession stand” during Oswald’s arrest. Burroughs never left the main level of the theater. Clearly, neither Postal, Burroughs, nor the projectionist (the only theater employees on duty) spoke to these officers either in the balcony or on the stairs in the balcony. Someone either identified himself as a theater “manager,” or the officers mistook someone as the theater “manager,” or these officers were lying about speaking to the “manager.” The “manager” and the person whom they questioned in the balcony remain unidentified.

    Oddly, and inconsistently, the police homicide report of Tippit’s murder reads “suspect was later arrested in the balcony of the Texas Theater at 231 W. Jefferson.” Detective Stringfellow’s report states “Oswald was arrested in the balcony of the Texas Theater.” After (Harvey) Oswald’s arrest Lt. E..L. Cunningham, Detective E.E. Taylor, Detective John Toney, and patrolman C.F. Bentley were directed to search all of the people in the balcony and obtain their names and addresses. Out of 24 (the number of tickets Postal said she sold) theater patrons that day, the Dallas Police provided the names of two-John Gibson and George Applin. If the names of the other 22 theater patrons were obtained, that list has disappeared. The identity of the man questioned by police in the balcony remains a mystery. He was not arrested and there is no police report, record of arrest, nor mention of any person other than Oswald. What happened to this man? What happened to the list of theater patrons?

    Captain C.E. Talbert and some officers were questioning a boy in the alley while a pickup truck was sitting with the motor running a few yards away (24H242). Talbert was one of the few DPD officers at the Texas Theater who did not write a report of Oswald’s arrest to Chief Curry (16 officers wrote such reports). Talbert’s testimony before the Warren Commission runs for over 20 pages. At no time was he asked about his involvement at the Texas Theater or his questioning of a young man in the alley behind the theater.

    Bernard Haire, owner of a hobby shop two doors from the theater, walked out the rear of his shop shortly before 2:00 PM and saw police cars backed up to Madison Street. He watched as the police escorted a man from the rear of the Texas Theater wearing a “white pullover shirt.” They placed the man in a squad car and drove away. He noticed the man was very “flush” in the face as though he had been in a struggle. Haire’s description of this man-“white shirt” with a “flush face”-is consistent with witness statements of Tippit’s killer before, during and after the shooting. For 25 years Mr. Haire and other witnesses thought they had witnessed the arrest of Oswald behind the Texas Theater in the alley. When told Oswald was brought out the front of the theater Haire asked “Then who was the person I saw police take out the rear of the theater, put in a police car, and drive off?”

    Collins Radio and the CIA

    Shortly after 2:00 PM, Mr. T. F. White observed a man sitting in a 1961 red Ford Falcon, with the engine running, in the El Chico parking lot behind his garage. This is five blocks north of the Texas Theater. As Mr. White approached the car, the driver turned and looked at him. The driver then sped off in a westerly direction on Davis Street. Mr. White, who later saw Oswald’s picture on TV, said the man in the Falcon was identical to Oswald and wore a “white T-shirt.” When told by the FBI that Oswald was in jail at 2:00 PM, White still maintained that the man he saw driving the red Falcon was “possibly identical” to the Oswald he had seen on TV after the assassination. This Oswald “sighting” shortly after Harvey Oswald’s arrest at the Texas Theater could have been a case of mistaken identity. But Mr. White, who had been given police training, wrote down the vehicle’s license plate number. The plates belonged to a blue 1957 Plymouth 4 door sedan-not a 1961 red Ford Falcon. The Plymouth belonged to Carl Mather, a long time employee of Collins Radio and close friend of J.D. Tippit. Newsman and former Dallas Mayor Wes Wise heard of the unusual Oswald sighting. Mr. Wise and fellow news reporter Jane Bartell questioned Mather about the incident over dinner. Mather was so nervous he could hardly talk and said little. In 1977 the HSCA wanted to interview Mather about this incident. He agreed, but not before he was granted immunity from prosecution by the Justice Department. Mather was interviewed by the HSCA, but most of the documents relating to that interview remain classified in the National Archives. Why?

    One possible reason is Oswald’s prior connection to Collins Radio and what Collins Radio actually represented. Oswald, in the company of George De Mohrenschildt, had once visited the home of retired Admiral Henry Bruton, who was an executive of Collins Radio. This was reported by the HSCA in a manuscript called “I’m A Patsy” by De Mohrenschildt. Bruton and his position with Collins is also mentioned in Edward Epstein’s book Legend. Bruton had been a lawyer in Virginia before becoming a Navy intelligence officer. Bruton’s specialty was electronic surveillance and this is what he was bringing to Collins Radio. In April of 1963, the Wall Street Journal announced that Collins would construct a modern radio communications system linking Laos, Thailand, and South Vietnam. On November 1, 1963, the New York Times reported that Fidel Castro had captured a large boat called the Rex which was being leased to Collins Radio at the time. The next day, one of the captured Cuban exiles aboard the Rex confessed that the boat had been used to ferry arms into Cuba and that “the CIA organized all arms shipments” (New York Times 11/3/63). According to Bill Kelly (Back Channels, Summer 1992), the Rex was the flagship of the JM/WAVE fleet, the CIA’s super station in Miami. According to Kelly, Castro announced that the arms shipments were meant for an assassination attempt on top Cuban leaders. What a provocative scenario: five blocks from where Oswald was arrested we have an Oswald double in a car traced to Tippit’s friend and the friend works for a CIA associated company that plays a role in the plots against Cuba and Castro.

    Meanwhile, Harvey Oswald was sitting in the police station, accused of crimes he did not commit. When questioned by the Dallas Police, he said he had walked out the front of the TSBD, boarded a bus, taken a cab to North Beckley, and then gone to a movie. Harvey Oswald’s statements to the Dallas Police follow and agree with witness identification of the man wearing the “brown shirt.” He maintained his innocence and described himself as a “patsy” but to no avail. The Dallas Police charged him, one “Lee Harvey Oswald,” with murder. Sheriff Bill Decker provided the Warren Commission (12H51) a file titled “Harvey Lee Oswald, W M 24, murder…..11/22/63 of John Fitzgerald Kennedy.” At least the Sheriff’s department got his name right.

    The Trouble with Transcripts

    As far as the authorities-Dallas Police, FBI, CIA, White House-were concerned, they had their man. Harvey Oswald was not believed when he said he was in the lunchroom at the time of the shooting. Roger Craig was ignored when he said he saw Oswald leave Dealey Plaza in a Rambler Station Wagon. Markham, Bowley and Craig, who said the shooting occurred at or before 1:10 PM, were ignored. Their statements were supported by the original police transcript ( CE 705). When CE 705 was introduced into evidence by the Warren Commission on April 22, 1964, a serious conflict arose. The transcripts showed Tippit’s last attempted transmission to the dispatcher at 1:08 PM and the report of his murder, by Bowley, at 1:10 PM (the same time noted by Bowley on his watch). It was obvious that Oswald could not have walked from his rooming house (1:04 PM) to 10th and Patton by 1:08 or 1:10 PM. A solution to the problem created by this exhibit was required. The Warren Commission requested the FBI to prepare a new transcript. In July of 1964, an FBI agent allegedly listened to the original dispatch patrol car transmissions at Dallas Police Headquarters. The original transcript described police officers only by their assigned numbers. The new transcript listed the officers by number and name. But Tippit’s name and number (no. 78) were deleted from the new transcript. The transmissions at 1:08 PM were now listed as having been made by police officers #55 and #488 (CE 1974). Neither the names nor police identification numbers were identified or given for those two particular officers. Numerous changes can be found by comparing the old and new transcripts. The new transcript reports the Tippit murder by Bowley at 1:19 PM, nine minutes later than in the original. In the original transcript, when Bowley is reporting the shooting to the dispatcher, an unknown person in the background said “No. 78, squad car #10” This unknown person was familiar enough with police terminology to refer to Tippit as number 78 and his car as a “squad car.” The new transcript, as created by the Bureau, identified the unknown person in the background, as the “citizen” and “dispatcher.” How this FBI agent was able to listen to the voice of one unknown person and divide that conversation into the citizen (Bowley) and the dispatcher has not been explained. The Commission used the items in the new transcript to certify that Oswald now had enough time to go from the rooming house to 10th and Patton and shoot Tippit.

    Strange Evidence

    The empty shells obtained and initialed by Officer Poe at the scene of Tippit’s murder were apparently not the same shells the Warren Commission held as evidence. When the Commission’s shells were shown to Poe months later, he could not find and identify the marks he remembered making. Two .38 Remington-Peters and two .38 Winchester-Western hulls were found. But only one Remington-Peters slug and three Winchester-Western slugs were removed from Tippit’s body. The .38 revolver taken from Oswald had been rechambered (slightly enlarged) to accept .38 Special cartridges. When discharged through a rechambered weapon, .38 Special cartridges “bulge” in the middle and are noticeably “fatter” than cartridges fired in an unchambered revolver. The empty cartridges, found in the National Archives, appear normal in size, indicating that they were fired in an original .38 revolver-not in a rechambered revolver such as the one taken from Harvey Oswald at the Texas Theater. The revolver taken from Oswald at the Texas Theater was not the gun used to kill Tippit. The Warren Commission tells us that Oswald ordered the .38 pistol from Seaport Traders in Los Angeles, via REA Express. But they have never explained how REA Express delivered the pistol C.O.D. to P.O. Box 2915 in Dallas. Who would deliver a gun C.O.D. to a post office box? Who paid REA? How were they paid? Who signed for the delivery? These riddles have yet to be answered.

    A Question of Shirts

    The Warren Commission did not ask Butch Burroughs what time “Oswald” snuck into the balcony nor what time he sold “Oswald” popcorn (1:15 PM). Jack Davis was not interviewed by the Warren Commission. He could have told them Oswald (man in brown shirt) was sitting next to him before 1:20 PM. On November 22nd not a single person who saw Oswald before, during or after Tippit’s shooting described him as wearing a brown shirt. Witnesses said he wore a “white T-shirt and a white or light-colored jacket.” There was no mention of a brown shirt by Johnny Brewer for two weeks; by Sam Guinyard for three months; by Julia Postal until February 29, 1964. The jacket found under the Oldsmobile at the Texaco Station was made in the U.S. (the label read “created in California by Maurice Holman”); yet Marina said Oswald owned only two jackets-both purchased in Russia. Marina was never asked about this contradiction. Neither Westbrook nor FBI Agent Barrett were questioned by the Warren Commission about Oswald’s driver’s license.

    Some witnesses identified the man in police custody as Tippit’s killer, some did not. Laurel Kitrell-long time employee of the Texas Employment Commission-had the opportunity to interview both two “Lee Oswald”s in October, 1963 and recognized they were different people. She said they were “very similar in appearance, but different.” Witnesses saw someone resembling Lee Oswald (white shirt, flush face, black hair) briefly before, during, and after the Tippit murder. When they saw Harvey (brown shirt, brown hair) in the police lineup, they may have mistaken him for Lee.

    This is what I think happened to Tippit and Harvey Oswald. What about Lee? At 2:00 PM, while Harvey was in police custody, someone matching Lee’s description was seen driving west on Davis Street in a car as seen by T. F. White. Lee was seen twelve hours later at the Lucas B & B Restaurant (two doors from Ruby’s Vegas Club) with Jack Ruby. Head waitress Mary Lawrence was well acquainted with Ruby-she had known him eight years. She reported seeing Oswald and Ruby together early in the morning (1:30 AM) of November 23rd, following the assassination. Two days later she received an anonymous phone call. A male voice said “If you don’t want to die, you’d better leave town.”

    Did Lee Oswald and Tippit know each other? Was Tippit involved? They were seen at the Dobbs House on November 20th and the Top Ten Record Store on the morning of November 22nd. Tippit was at the GLOCO Station when Oswald’s (Harvey) cab crossed the Houston St. Viaduct. Tippit spoke to and was possibly shot by “Lee Oswald.” License plates from the car of Tippit’s close friend, Carl Mather, may have been seen on a car driven by Lee Oswald shortly after the assassination. There are either a lot of Oswald/Tippit coincidences or Tippit was somehow involved.

    Who was the unidentified FBI agent who made numerous changes to the police broadcast? Did people within the Dallas Police Department participate in a cover-up of the Tippit murder? Were they aware of two “Oswalds”? Who changed the time of Tippit’s murder from 1:10 PM to 1:19 PM on DPD police broadcasts? What happened to Oswald’s driver’s license? We know a Lee Oswald showed a Texas driver’s license to Fred Moore at the Jiffy Store on Industrial Blvd on the morning of November 22nd. Dallas Police Captain Westbrook reportedly found Oswald’s driver’s license at the scene of the Tippit murder later that afternoon. Detective Paul Bentley, when interviewed on WFFA TV on Saturday, November 23rd, said “there was a Dallas Public Library card. He had other identification such as a driver’s license and credit cards, things like that in his wallet” (credit cards for Oswald?) Why was the license not listed on police inventory reports? How did the license get from the scene of Tippit’s murder to the Texas Department of Public Safety (DPS)? A Texas driver’s license belonging to Lee Oswald turned up at the DPS the following week. Aletha Frair, and 6 employees of the DPS saw and handled Oswald’s driver’s license. It was dirty and worn as though it had been carried in a billfold. Mrs. Lee Bozarth (employee of DPS) stated that she knew from direct personal experience there was a Texas driver’s license file for Lee Harvey Oswald. The DPS file had been pulled shortly after the assassination. Who pulled Oswald’s file from the DPS? What happened to this file and driver’s license? Lt. E..L. Cunningham, Detective E.E. Taylor, Detective John Toney, and patrolman C.F. Bentley were directed to search all of the people in the balcony and list their names and addresses. What happened to that list? Why were none of these officers questioned about their knowledge of such a list? Why are there no police or FBI interviews of the theater patrons? Why were Lt. Cunningham and Det. Toney not asked about the man they questioned in the balcony? Why was Bernard Haire, who saw the police take a man from the rear of the theater, never interviewed by the FBI nor asked to testify before the Warren Commission or the HSCA? Why was Captain Talbert not asked about the man he questioned in the alley behind the theater? Why was neither T. F. White nor Carl Mather questioned by the Warren Commission? When finally questioned by the HSCA 15 years later, why did Carl Mather insist on being granted immunity before he testified? Why is his testimony still classified? Why do police reports state that Oswald was arrested in the balcony? Why does Sheriff Decker’s file list the assailant’s name as “Harvey Lee Oswald”?

    Because these questions, although unanswered, have a common thread. These questions-if properly answered-could expose a government agency’s creation, manipulation, and control of both Harvey and Lee Oswald. That agency is the CIA.

  • Is the King Case Dead? Murder in Memphis – Again


    From the January-February, 1998 issue (Vol. 5 No. 2) of Probe


    Is there a conscious, coordinated effort to undermine any hope for a new trial for James Earl Ray in the Martin Luther King case? Or can the strange events unfolding in Memphis be chalked up to the incompetence and miscalculations of Ray and his allies? Wherever the truth may lie, there is little doubt that as the New Year rolls in, the hope for a new trial, so real and vibrant last summer, appears to be receding further over the horizon daily. Unless the King forces recover, or some spectacular development strikes and catches fire, it could be that the sixties assassination case that seemed about to be reopened, has now been closed forever.

    As we reported in July (Vol. 4 No. 6), Judge Joe Brown, at Ray lawyer Bill Pepper’s request, was trying to resolve the issue of whether or not James Earl Ray’s rifle could have fired the alleged bullet that killed King on the terrace of the Lorraine Motel in April of 1968. Because a round of test firings, also requested by Pepper, had proved inconclusive, Brown had tried to dig up the bullets test fired by the FBI in 1968. These were found by the Bureau at the end of July. The FBI lab notes on the 1968 test firings, like those by the House Select Committee on Assassinations (HSCA) in 1978, claiming inconclusive results as to whether Ray’s .30.06 Remington hunting rifle had fired the fatal shot. So Pepper, and his local Memphis partner Wayne Chastain, were on the verge of asking Brown for further testing.

    At this point, two things happened. First, Ray’s legal team began to split apart, and second, the local District Attorney’s office began a successful attempt to derail Brown’s efforts to find cause to reopen the case.

    Concerning the former, Ray’s defense team began to break apart over an internal dispute that seemed to pit Pepper and Chastain against Jack McNeil who, like Chastain, is a local Memphian. The dispute appeared to be over McNeil’s unexpected meetings with James Earl Ray and his authorization of other people to see Ray (Memphis Commercial Appeal 7/23/97). At this point Pepper tried to fire McNeil. But McNeil refused to step down, saying that only Judge Brown could remove him from the case. Simultaneous with this infighting, Mark Lane tried to enter the case as an ally of another lawyer trying a different tactic. Lane joined local attorney Andrew Hall in trying to get a grant of clemency for Ray which, of course, would preclude a new trial. Lane was quoted in the Commercial Appeal (7/22/97) as saying that he had “very strong doubts about Pepper’s credibility.” This was based on the June 19th ABC ambush of Pepper with a living Bill Eidson, a former Special Forces agent who Pepper depicted in his book as dead. According to Pepper, Eidson was one of the Army snipers ordered to Memphis to assassinate King as part of a contingency plan (see Probe Vol. 4 #5). Because of this, Eidson has filed a libel action against Pepper. Lane also added, appraising Pepper’s performance: “He’s taken very strong evidence and fouled it.” By November, Hall was saying that Pepper had sabotaged his clemency bid by convincing supporters not to send letters to the governor.

    Fights All Around

    At the beginning of August, an even stranger episode took center stage. To join the dispute amongst lawyers, a dispute between judges now broke out. Earlier motions in the Ray case had been heard in the court of Judge John Colton. But in 1994, through a routine rotation assignment, Pepper’s request for new rifle tests ended up in Brown’s court. In April, 1997 the Tennessee Court of Criminal Appeals rejected the local District Attorney’s argument that Brown did not have the authority to proceed with the testing. Most thought that this decision had settled the jurisdictional matter. Apparently it did not. For on August 5th, Judge John Colton ordered the clerk of court’s office to confiscate the Ray case files from Brown’s office. This order was based on a report by special court-appointed master Mike Roberts, a University of Memphis law professor. His report said that Brown’s care for the files was so haphazard that their present condition “imperils any possible retrial of this case.” Roberts’ report also questioned whether or not Brown should be presiding over the present hearings, since Ray had entered his 1969 guilty plea in Criminal Court Division 3, where Colton presides today. Roberts’ report was filed with the Court Clerk while Brown was on vacation in Jamaica.

    The day after the Colton-Roberts maneuver, prosecutor John Campbell filed a motion to dismiss the Pepper-Chastain request for a new round of test-firings. Campbell’s motion stated:

    The proposition that his right to ask for testing is unlimited and can continue until the defense obtains the results it like is totally unreasonable and would amount to an abuse of discretion by the court.

    At the same time, Roberts announced through the Commercial Appeal (8/7/97) that he was preparing a final report questioning Brown’s authority to hear the case at all. He also predicted that the pressure on Brown would mount leading to a meeting with a presiding judge to resolve a dispute over who should hear the case.

    The Commercial Appeal now openly joined the effort to stir things up. On two consecutive days, August 8th and 9th, it ran derogatory lead editorials about Judge Brown. The first was headed “More Circus: Ray Confusion grows on judge’s vacation”, the second was bannered, “Ray Fiasco: Transfer is a solution; talks also would help.”

    Brown fired back in a phone interview with the newspaper while still on vacation. He said that the Colton-Roberts maneuver was motivated by local Republican politics and was a ploy to try and wreck his credibility. Brown further added that, “It’s ridiculous, it’s disgusting and it’s partisan politics.” In response to this, Colton made a comment that revealed a certain empathy with local prosecutor John Campbell. Colton said that Brown was “absolutely correct” in overseeing the original round of rifle testing approved by the appeals court, but then suggested that Brown had overstepped that original authority. Colton stated, “It has been determined that he [Brown] should make the ruling on that issue and that issue alone.” Previously, Campbell had expressed concern that Brown was conducting an open ended inquiry when the judge had requested the original FBI test bullets for comparison purposes.

    At this point, the FBI stepped forward. U.S. Attorney Veronica Coleman said that the Bureau would agree to turn over the 1968 test fires to county prosecutors “upon a proper request.” Campbell responded that his office would request that the Bureau turn over the 1968 test bullets on the condition that the defense paid for further testing. Also, the Atlanta Journal-Constitution on August 15th noted that one of the grooves found on the 1997 test bullets was not mentioned in the examiner’s notes from the 1968 FBI test-firing.

    Prosecutor Roberts?

    On August 16th, Court Clerk Bill Key did something he previously stated he would not do. He delivered an order to Brown’s office seeking the return of the Ray files to him. On more than one occasion, Key had said he would not do this until Brown had returned from vacation on August 18th.

    On the 18th, and the day before Brown was expected to rule on another round of test-fires, two more surprise turns took place. First, Colton appointed Roberts as a special prosecutor to look into the King case. Campbell immediately filed an emergency appeal over Colton’s action, claiming Colton had no authority to name Roberts as a special investigator with subpoena power. Campbell commented: “He’s basically going to convene his own little grand jury, I guess. He’s going to take evidence and then seal it…. I don’t really know where he’s going on it.”

    Roberts agreed to put his probe on hold until the appeal court ruled on Campbell’s motion. Tennessee Attorney General John K. Walkup joined in Campbell’s appeal. Now, whether willy-nilly or not, a formal challenge had been mounted and filed over Brown’s proceeding and authority. It would be impossible for a court to rule on Colton’s actions without touching on Brown’s. Roberts seemed to invite the challenge to his new and surprising authority. He said to the Commercial Appeal on August 19th, “If someone wants to challenge it, let them challenge it, and it will go up to the Court of Criminal Appeals.”

    The combined appeal stated:

    Judges Brown and Colton are doing harm to the justice system because of the confusion they have engendered. The public can have no confidence in the reliability of any decisions which may eventually be entered in the wake of these orders.

    Meanwhile, the state attorney general in Shelby County, Bill Gibbons, asked the FBI to turn the 1968 test bullets over to the local Criminal Court Clerk’s office. Gibbons also said that he was investigating “every credible lead.” He then qualified that by saying:

    Our position is that James Earl Ray murdered Dr. King and is exactly where he belongs-in prison. The one remaining issue is if anyone helped Ray.

    Before Roberts’ inquiry was halted, Colton issued some interesting insights into how it was to be conducted. On August 20th, he told the Commercial Appeal that Roberts would be working without a fee and no court reporter would be assigned to him when taking testimony. He expected such costs to be paid privately, perhaps by Roberts himself.

    On August 21st, Colton and Brown met in the office of Probate Court Judge Donn Southern, who also serves as presiding judge of Shelby County’s state trial courts. It was a closed meeting and both judges refused to comment as they left. Southern did issue a statement saying that there should be no more public feuding and that such feuding had had a negative impact on the court’s work.

    On Friday, August 29th, the three judge appeal court panel sharply criticized both Brown and Colton on the grounds that both had overstepped their power to investigate Ray’s claims. The court voided Colton’s order giving subpoena power to Roberts. The judges stated that Colton did not have jurisdiction to act and had usurped the prosecutor’s authority to investigate crimes. The court ruled that Brown, under narrow constraints, could continue testing the rifle. But it shackled his efforts by voiding his order that the FBI turn over the 1968 test bullets for comparison purposes and also demanding that Ray, not the state, pay the bill for the testing. The first round of tests had cost $18,000. The court found that Brown had crossed the line from adjudicator to investigator and that he had exceeded his authority in several ways, including his criticisms of the DA’s office and his receiving sealed documents which created “an appearance of secrecy.”

    Junking Judge Brown

    Within a week of this ruling, the DA’s office moved to get Judge Brown taken off the Ray case. On September 3rd, motions were filed asking Brown to step down from the case on the grounds that he had made false statements, engaged in conversations with the defense, and was lacking in objectivity. The motion asked that the case be reassigned to another judge. At first, Brown made no overt move to answer the motion.

    In the interim, Andrew Hall tried another alternative to free Ray. Working with Mark Lane, Hall drew upon a technicality in old Tennessee law. Days after pleading guilty to King’s assassination, Ray sought to withdraw his plea in a letter to Shelby County Criminal Court Judge W. Preston Battle. Battle died of a heart attack days later, before he could rule on Ray’s request. The law had stated that a new trial should be allowed when a judge dies while considering such a motion. This bid was dismissed by Judge Cheryl Blackburn on September 18th. The judge decided that since the law had been altered in 1996, it did not apply.

    By the second week of September, Brown seemed to be withdrawing from the case. Admonished by the appeals court, attacked by the DA, constrained by what Ray’s defense team could afford in the way of further rifle tests, Brown made no more rulings on the case. In November, he flew to Los Angeles to tape a pilot for a possible television syndication deal with Big Ticket Television, the producers of Judge Judy. Commenting on the initial taping, Brown said, “I had a ball. It was fun.” (Commercial Appeal 11/4/97) A later report in December by the entertainment trade magazine Variety, said that the Judge Joe Brown Show was racking up TV station clearances for a fall 1998 launch.

    With Brown apparently out of the picture, the local DA’s office, with state attorney Bill Gibbons in tow, now took over whatever investigation was left to be done.

    Bizarre Bazaar

    On September 5th, Gibbons wrote a letter to Roberts asking him for whatever information he had garnered while he was special prosecutor for Judge Colton. Roberts replied in a letter to Gibbons that an investigator from Gibbons’ office had threatened to charge him with obstruction of justice if he didn’t tell what he knew. He added that people “in your office have chosen to threaten me as a way of attacking Judge Colton.” Roberts also added that he felt troubled about “revealing allegations made by citizens claiming the killing of Dr. King was not being adequately investigated.” (Commercial Appeal 9/11/97)

    Gibbons then decided to go public with his own beliefs on the subject:

    James Earl Ray is a professional con man who very much wanted attention. This is a guy who had very, very low self-esteem and saw assassination as a way to improve it basically. I think that was the primary motive.

    Gibbons then added that, “There is a pretty good possibility that he had some help.” Gibbons’ ideas about a very limited kind of conspiracy with Ray as the trigger man are reminiscent of those of Robert Blakey. And the Commercial Appeal (9/17/97) revealed that local DA’s John Campbell and Lee Coffee had traveled to Indiana in September to talk to Blakey about his views on the King case. After the meeting, Campbell told the paper that Blakey’s congressional committee “still came down to the conclusion that James Earl Ray killed Martin Luther King.”

    By September the status of the case boiled down to two separate branches, both rather weak. One consisted of Andrew Hall and Roberts (Lane seems to be out of the picture at this time). In November, they announced they would team up on a new effort to free Ray by arguing that he was mentally incompetent when he pleaded guilty in 1969. The plea was coerced since he was suffering from isolation and harassment while in jail. The Hall-Roberts teaming was of short duration. Hours after appearing before Judge Colton, Roberts was fired, ten days after he started working. Hall said that Pepper was behind the termination. Jerry Ray, James Earl Ray’s brother, said Pepper called Ray in prison and told him he had too many lawyers at work for him. By November 11th, Wayne Chastain, Pepper’s former partner, also announced that he was leaving the case.

    The second branch consisted of Chastain’s former partner, Jack McNeil who returned to the case after being separated from Pepper and Chastain. McNeil was now hooked up with detectives John Billings and Ken Herman, two local investigators who had long been delving into the King assassination. Gibbons and Campbell subpoenaed the two gumshoes to have them appear before the county grand jury to present all evidence they had of a conspiracy in the King case. The two detectives had worked for Pepper before, especially on the Raoul side of the case. A man Ray calls Raoul squired him around Canada and the U.S. paying him large amounts of money to be a courier in what seemed to be a gunrunning operation. Ray and Pepper are now convinced that Raoul played a major part in setting him up to take the fall in the King case. Billings and Herman both believed that the subpoenas were issued so the evidence they had would not be presented before a grand jury independently of the DA’s office, which is what McNeil had been attempting to do. In late September a three-person panel made up from the grand jury and headed by foreman Herbert W. Robinson was handed a set of affidavits by McNeil. By Tennessee law this panel would review the evidence before deciding if the grand jury should investigate further and/or indict someone. McNeil’s affidavits and evidence centered on two people: the mysterious Raoul, and former Memphian Lloyd Jowers. Jowers was the man who claimed on national television in 1993 that he was paid $100,000 to have King killed. Amid the evidence turned over by McNeil to Robinson was a tape of that interview, and an affidavit by one Glenda Grabow who claims to have known Raoul. Grabow is the person who Pepper calls “Cheryl” in his book Orders to Kill. (Incidentally, Pepper gave her real name away in the book himself. In photo #24, he calls her “Cheryl”, yet in the caption to photo #27, a drawing of Ray lawyer Percy Foreman, he calls her Glenda Grabow.) In the accounts in the Commercial Appeal, it appears that Grabow has expanded her story a bit. She now appears to be saying that Jack Ruby knew Raoul also.

    To this latest effort, Robert Blakey responded through the New York Times (11/23/97):

    There is a difference between suspicion and evidence. The government has to respond to these suspicions. But I am extremely skeptical of the underlying credibility of any of the evidence. These people are forcing the government to chase ghosts.

    In December, while the three grand jurors were visiting the scene of the 1968 shooting, the Lorraine Motel, Herman and Billings visited Dallas. Apparently they were trying to shore up the new Jack Ruby side of the Raoul story. Meanwhile, on December 1st, the Associated Press ran a wire story saying that Pepper and others had misunderstood the Army Intelligence side of the supposed assassination story.

    Now, retired Colonel Edward McBride who oversaw the 111th Military Intelligence Group’s Memphis operations said the reason King was under surveillance was only to monitor whether or not a riot would break during his visits and if any troops would be needed to be sent into a city to restore order. Another agent of that group, Jimmie Locke, was quoted as saying, “We weren’t particularly concerned except that he might be the catalyst for an event of some kind.” The 111th is the military group that Pepper says sent a military sniper team into Memphis the day of King’s murder. It is also the group to which, Pepper says, local undercover agent Marrell McCollough’s reports eventually went.

    On December 10th, Newsday’s Michael Dorman reported on the final developments in the Herman-Billings Dallas investigation. Apparently, the two investigators ran into Beverly Oliver. Oliver claims to be the so-called “Babushka Lady” who is seen in pictures of President Kennedy’s fatal trip through Dealey Plaza in Dallas on November 22, 1963. The woman has a camera in her hands and probably took some very valuable photos of the assassination. Yet no one had ever seen the pictures or found out who she was. In the 1970’s, researcher Gary Shaw of Cleburne, Texas said that he had discovered that Oliver was the mysterious woman. Oliver made claims that she worked at Ruby’s club, saw Oswald with Ruby, and saw Oswald’s friend David Ferrie at Ruby’s also. Yet, when Oliver Stone’s researcher on JFK, Jane Rusconi, checked on the camera Oliver said she had in Dealey Plaza, it turned out the model was not for sale in America at the time. According to Dorman’s report, she now told Herman and Billings that she saw Raoul at Ruby’s club also. Dorman also reported that Ray’s defense was also investigating the idea that Ruby was actually still alive and living in Chicago.

    After making a presentation to the three-member panel in mid-December, McNeil announced he was seeking indictments against Jowers and a New York man he (and Pepper) thought was Raoul. According to the Commercial Appeal, Jowers is now saying that four Memphis police officers were in on the plot to kill King. After the presentation, McNeil told the press that he felt the three man panel was “genuinely interested.” He continued, “It was a very good meeting.” Evidently, McNeil got the wrong impression. On December 18th, the panel rejected McNeil’s request for a re-examination of all the evidence and a reopening of the case to the full grand jury. In a letter to McNeil, Herbert Robinson said that the panel found “there was not sufficient, credible information presented in this matter to warrant an investigation by the Grand Jury.” According to the Commercial Appeal of December 19th, the Gibbons-Campbell task force will continue to work on leads in the case.

    Death by Media

    If this inquiry is now, for all intents and purposes, dead, it will be in no small part due to the role of the mainstream media. The New York Times apparently decided to go after Dexter King. Dexter was the member of the slain leader’s family who most openly allied himself with Pepper. He also met with Ray last spring in a nationally televised meeting on CNN. He also appeared on many talk shows pushing the conspiracy angle in the King case and the need for a new trial for Ray. In a syndicated story that was published by many papers in mid-August, Times reporter Kevin Sack attacked the King family for not doing more to promote MLK’s legacy of civil rights activism. Sack wrote that the family was preparing “to transform King’s legacy into a financial empire.” (This refers to a proposed deal between the King family and Time-Warner over intellectual property rights to King’s speeches and images.) Sack honed in on Dexter’s role in this as the new executor of MLK’s estate. He also attacked Dexter for backing Pepper’s book and the British based attorney’s efforts to free Ray.

    This attack was followed up by a similar article by Curtis Wilkie in the December issue of George. Wilkie works for the Boston Globe, which was recently bought by the New York Times. His article was a longer, harsher version of Sack’s. Wilkie criticized Dexter for meeting with Ray on national television in the following terms: ===BEG=== Once revered as the last blood link to the civil rights prophet, the King family has seen its credibility shaken by its blessing of Ray. Yet the alliance with the killer is just the latest in a series of audacious moves that 36 year old Dexter King has made since taking over the family’s power base…. (Emphasis added) ===END===

    Wilkie’s bias is clear from the above italicized words. If he granted the probability that Ray was innocent, he could not then make the blanket charges he needs to frame his hit piece. Eliminating the bias, overkill, and spurious lamentation for a lost legacy, the rest of Wilkie’s article comes down to three main points: 1) The King family, especially Dexter, was taken in by Pepper’s book; 2) Dexter has decided to make money from the failing Martin Luther King Jr. Center for Nonviolent Social Change; and 3) Dexter has concentrated power in his hands by forcing some of the Center’s elder board members to resign.

    Most of the people who read this journal know that Wilkie’s first point is dubious. Whatever the faults in Pepper’s book, he did raise some interesting points that merit consideration, and he did win a symbolic acquittal of Ray in the only legal forum he ever had: HBO’s 1993 mock trial. Concerning Wilkie’s second point, the King Center, by Wilkie’s own account it was not doing very well before Dexter took over. If Dexter wants to sell his father’s papers to a large college library, why not? They would be better cared for there and better organized by a professional archivist, which the Center can’t afford. Wilkie’s third point is partly related to the second. Some of the people on the Board stemmed from King’s sixties generation of civil rights activism, which really doesn’t exist anymore. The Center has not been all that successful with them and Dexter and his siblings don’t see themselves as emulating their father, which is their prerogative. It is doubtful that any leader in America could today do what King did in his brief career. Certainly, John F. Kennedy Jr., the guiding light behind George understands that fact.

    The New York Times also carried an article about another media force lurking amid the dying embers of the once hopeful King case. In an August 20th article noting the dispute between Colton and Joe Brown, the Times mentioned that Gerald Posner was in Memphis working on a book for Random House about the King assassination. In a peculiarly insightful way, Posner may have made a valuable comment to the Times “The judges are not just arguing over local issues, but over who will control the enduring historical record of this combustible and unpredictable case.” If one considers what Brown was attempting to do early last year versus what has happened since, the “combustible historical record” of the King case seems pretty much a dying flame.

    But fireman Posner won’t have much help from the Ray brothers in stamping out this one. In an exchange of letters published on the JFK Lancer web site (www.jfklancer.com), Posner approached James Earl Ray about an interview for his upcoming book. In the very same disingenuous way he approached subjects for his JFK whitewash Case Closed, Posner assumed the role of the disinterested observer who would follow the evidence wherever it would lead. The Ray brothers were not falling for it. Jerry Ray wrote Posner on August 21st that he and his brother would not cooperate with Posner. Jerry Ray wrote that if Posner needed some help in writing his kind of book, he should interview people at the FBI, the Justice Department, Robert Blakey, Louis Stokes (former chairman of the HSCA), and King biographer Dave Garrow. He told Posner he could give him the name of additional “slime balls” (Ray’s phrase) to speak to upon request.

    Meanwhile, James Earl Ray’s condition continues to weaken. In October, he was sent to Columbia Nashville Memorial Hospital in serious condition. This was his eighth visit in the last year. Ray is dying of cirrhosis of the liver. Tennessee hospitals have refused to consider him as a transplant candidate because of his age (69), and prison officials refuse to pay for an out of state operation. He has been approved for a liver transplant at the University of Pittsburgh, but can’t be placed on a waiting list until he makes a payment of $278,000. Because of this, Pepper and King family friend Rev. James Lawson are trying to raise money through a fund supporting this cause. See the box at the end of this article for information.

    But all is not gloom. To use a suitable cliché, hope, in the form of Oliver Stone, springs eternal. In the October issue of Icon magazine, Stone was pictured on the cover. Near the end of the long profile of the embattled movie director, the following tantalizing sentence appeared: “He’s planning on returning to a political subject in the near future-the assassination of Martin Luther King Jr.” The New York Times (11/23/97) mentioned that Stone had been to Memphis and has a project in development called MLK. So if Posner, as expected, douses the sparks, perhaps Stone’s film will reignite the combustion.

    Still, the sad spectacle chronicled above cries out for explication. What was John Colton’s motivation? Why did Roberts and Colton spring their surprise on Brown while he was on vacation? Did their agenda coincide with that of Campbell and Gibbons? Why did Brown walk away from the case? Why did Roberts, as Ray’s lawyer, try to pursue the case in Colton’s court when the jurisdictional matter had been decided in Brown’s favor twice already? Does McNeil really find Beverly Oliver credible? Did Pepper fall for two deceptions: Captain William Eidson’s “death”, and the Grabow/ Cheryl association with Raoul? Why did Pepper not temporarily move to Memphis to be sure no internecine feuds could wreck the opportunity of a lifetime? If Dexter King truly wishes to see a new trial, why did he not finance another round of test fires which would have helped keep Judge Brown on the case?

    Future historians of King, and his assassination, have these and more questions to sift through in order to explain the most recent reversal in the King chronicles. Whatever the forces behind these new twists, Judge Brown has now effectively joined the ranks of Jim Garrison and Richard Sprague as those too passionate in their efforts to find the truth about the assassinations of the sixties.

    Meanwhile, with Brown out of the picture, the Gerald Posner version awaits. But this time, Oliver Stone may have the last word.

  • The Posthumous Assassination of John F. Kennedy

    The Posthumous Assassination of John F. Kennedy


    This two part essay appeared originally in Probe back in 1997. No article we ever published ever generated as much discussion and feedback as this one did. If it can be said that any piece ever put us “on the map” so to speak, this one did.

    Looking back, one reason it had so much resonance is that no one had ever done anything like it before. That is, explored at length and in depth both the provenance and the evolution of these “JFK scandal stories” over a number of years. By the term evolution I mean how they morphed over time at each appearance into something they were not when they first appeared.

    The other point that made this such an attention grabber was the fact that certain personages somehow appeared on the scene directly or on the periphery. People whose presence should have caused alarm bells to go off with intelligent and sophisticated observers: Frank Capell, Robert Loomis, Ovid Demaris, Liz Smith, James Angleton, Timothy Leary etc. As the essay makes clear, these people had agendas in mind when they got into this racket. Others, like Robert Slatzer, as we also show, were just money grubbing hustlers. But the net effect is that by reinforcing each other, they became a business racket, a network creating its own echo chamber.

    It was not an easy piece to write. I learned a lot doing it, but I came away with a lot of dirty knowledge about how power in America works. And the lengths the other side will go to in order to snuff out any kind of memory of what America was at one time.

    We decided to repost this essay in the wake of the current Mimi Alford episode. This fits in with the essay because the book was published by Random House, home of Bob Loomis who retired last year. The Alford book was likely his parting shot at the JFK researchers, who he despises so much that he launched the now discredited Gerald Posner on them. Also, we cannot help but note how quickly the MSM has fallen head first for the woman without asking any cautionary questions. Like, for example, “Why did you wait nine years to publish?”, right on the eve of the 50th anniversary. Which corresponds neatly with her alleged discovery by Robert Dallek back in 2003, at the 40th anniversary. Neither did they ask her how she got to Random House. Another pertinent query: “Why are you and your handlers writing that you were not
    named previously when, in fact, Dallek did name you in the trade paperback version of his book?”

    Further, no one has called her on her comment that during the Missile Crisis JFK told her that he wished his kids grew up “better red than dead”. In other words, he was ready to surrender to the Russians and Cubans and let them take over America instead of insisting the missiles in Cuba be removed. Hard to believe that even the MSM could buy this one sInce it contradicts everything in the newly adduced documentary record. During the Missile Crisis, Kennedy moved a 200,000 man army into South Florida. Two invasion plans of Cuba had been drawn up during Operation Mongoose. Either by invasion or by bombing, the missiles were going to be removed. It was not Kennedy who tried for a deal first. It was the Russians through ABC reporter John Scali. Five hours later, NIkita Khrushchev cabled a long, emotional, rambling letter requesting the outline of an offer to remove the missiles.

    But the Missile Crisis has always been perceived by the MSM as being Kennedy’s shining moment. (In my opinion it is not. Vietnam is, but they are still in denial on that one.) So they first sent Sy Hersh out to try and smear Kennedy’s masterly performance during the episode. That did not work, so now they take a second swing at it. With no one asking why this is bizarre story is at odds with the taped conversations of the crisis. We have little doubt that this book is being passed around the studios by Random House to make a TV movie for the anniversary next year — perhaps the rightwing Starz Channel will pick it up.

    In the classic film “Z”, after the generals have killed the liberal candidate for Premier, an excellent scene follows. Seated at a long table, the plotters pass around a dossier. They then agree that the next step is to “Knock the halo of his head.” The timely delay in the Alford book’s appearance, the push by Random House, and the inclusion of the goofy “better red than dead” exchange, these all demonstrate that the book and this woman are best understood under that shadow. Which we try and illuminate in this essay.


    Part I: Judith Exner, Mary Meyer, and Other Daggers

    (Click here if your browser is having trouble loading the above.)


    Part II: Sy Hersh and the Monroe/JFK Papers: The History of a Thirty-Year Hoax

     

    On September 25, 1997, ABC used its news magazine program 20/20 to take an unusual journalistic step. In the first segment of the program, Peter Jennings took pains to discredit documents that had been about to be used by its own contracted reporter for an upcoming show scheduled for broadcast. The contracted reporter was Seymour Hersh. The documents purported to show a secret deal involving Marilyn Monroe, Sam Giancana, and President John F. Kennedy. They were to be the cornerstone of Hersh’s upcoming Little, Brown book, The Dark Side of Camelot. In fact, published reports indicate that it was these documents that caused the publisher to increase Hersh’s advance and provoke three networks to compete for a television special to hype the book. It is not surprising to any informed observer that the documents imploded. What is a bit surprising is that Hersh and ABC could have been so naive for so long. And it is ironic that ABC should use 20/20 to expose a phenomenon that it itself fueled twelve years ago.

    What happened on September 25th was the most tangible manifestation of three distinct yet overlapping journalistic threads that have been furrowing into our culture since the Church Committee disbanded in 1976. Hersh’s book would have been the apotheosis of all three threads converged into one book. In the strictest sense, the convergent movements did not actually begin after Frank Church’s investigation ended. But it was at that point that what had been a right-wing, eccentric, easily dismissed undercurrent, picked up a second wind–so much so that today it is not an eccentric undercurrent at all. It is accepted by a large amount of people. And, most surprisingly, some of its purveyors are even accepted within the confines of the research community.

    The three threads are these:

    1. That the Kennedys ordered Castro’s assassination, despite the verdict of the Church Committee on the CIA’s assassination plots. As I noted last issue, the committee report could find no evidence indicating that JFK and RFK authorized the plots on Fidel Castro, Rafael Trujillo of the Dominican Republic, or Ngo Dinh Diem of South Vietnam.
    2. That the Kennedys were really “bad boys,” in some ways as bad as Chicago mobsters or the “gentleman killers” of the CIA. Although neither JFK nor RFK was lionized by the main centers of the media while they were alive, because of their early murders, many books and articles were written afterward that presented them in a sympathetic light, usually as liberal icons. This was tolerated by the media establishment as sentimental sop until the revelations of both Watergate and the Church Committee. This “good guy” image then needed to be altered since both those crises seemed to reveal that the Kennedys were actually different than what came before them (Eisenhower and the Dulles brothers) and what came after (Nixon). Thus began a series of anti-Kennedy biographies.
    3. That Marilyn Monroe’s death was somehow ordained by her “involvement” with the Kennedy “bad boys.” Again, this was at first a rather peculiar cottage industry. But around the time of Watergate and the Church Committee it was given a lift, and going back to a 1964 paradigm, it combined elements of the first two movements into a Gothic (some would say grotesque) right-wing propaganda tract which is both humorous and depressing in its slanderous implications, and almost frightening in its political and cultural overtones. Egged on by advocates of Judith Exner (e.g. Liz Smith and Tony Summers), this political and cultural time bomb landed in Sy Hersh’s and ABC’s lap. When it blew up, all parties went into a damage control mode, pointing their fingers at each other. As we examine the sorry history of all three industries, we shall see that there is plenty of blame (and shame) to be shared. And not just in 1997.

    As we saw in Part One of this article, as the Church Committee was preparing to make its report, the Exner and then Mary Meyer stories made headlines in the Washington Post. These elements–intrigue from the CIA assassination plots, plus the sex angles, combined with the previous hazing of Richard Nixon over Watergate–spawned a wave of new anti-Kennedy “expose” biographies. Anti-Kennedy tracts were not new. But these new works differed from the earlier ones in that they owed their genesis and their styles to the events of the mid-seventies that had brought major parts of the establishment (specifically, the CIA and the GOP) so much grief. In fact we will deal with some of the earlier ones later. For now, let us examine this new pedigree and show how it fits into the movement outlined above.

    Looking for Mr. Kennedy (And Not Finding Him)

    The first anti-Kennedy book in this brood, although not quite a perfect fit into the genre, is The Search for JFK, by Joan and Clay Blair Jr. The book appeared in 1976, right after Watergate and the Church Committee hearings. In the book’s foreword, the authors are frank about what instigated their work:

    During Watergate (which revealed to us the real character of President Richard M. Nixon–as opposed to the manufactured Madison Avenue image), our thoughts turned to Jack Kennedy….Like other journalists, we were captivated by what was then called the “Kennedy mystique” and the excitement of “the New Frontier.” Now we began to wonder. Behind the image, what was Jack really like? Could one, at this early date, cut through the cotton candy and find the real man? (p. 10)

    In several ways, this is a revealing passage. First of all, the authors apparently accept the Washington Post version of Watergate–i.e. that Nixon, and only Nixon, was responsible for that whole range of malfeasance and that Bob Woodward and Carl Bernstein got to the bottom of it. Second, it seems to me to be a curious leap from the politically misunderstood shenanigans of Watergate to the formative years of John Kennedy’s college prep days and early adulthood, which is what this book is about. It takes JFK from his days at the exclusive Choate School in Connecticut to his first term as a congressman i.e. from about 1934 through 1947. I don’t understand how comparing the political fallout from Watergate with an examination of Kennedy’s youthful years constitutes a politically valid analogy. Third, the Blairs seem a bit behind the curve on Nixon. If they wanted to find out the “truth” about Nixon all they had to do was examine his behavior, and some of the people he employed, in his congressional campaign against Jerry Voorhis, his senatorial campaign against Helen Douglas and, most importantly, his prosecution of Alger Hiss. These all happened before 1951, two decades before Watergate. Nothing in JFK’s political career compares with them.

    The book’s ill-explained origin is not its only problem. In its final form, it seems to be a rush job. I have rarely seen a biography by a veteran writer (which Clay Blair was) so poorly edited, written, and organized. The book is nearly 700 pages long. It could have been cut by a third without losing anything of quality or substance. The book is heavily reliant on interviews which are presented in the main text. Some of them at such length–two and three pages–that they give the volume the air of an oral history. To make it worse, after someone has stopped talking, the authors tell us the superfluous fact that his wife walked into the room, making for more excess verbiage (p.60). And on top of this, the Blairs have no gift for syntax or language, let alone glimmering prose. As a result, even for an interested reader, the book is quite tedious.

    The Blairs spend much of their time delving into two areas of Kennedy’s personal life: his health problems and his relationships with the opposite sex. Concerning the first, they chronicle many, if not all, of the myriad and unfortunate medical problems afflicting young Kennedy. They hone in on two in order to straighten out the official record. Previous to this book, the public did not know that Kennedy’s back problem was congenital. The word had been that it came about due to a football injury. Second, the book certifies that Kennedy was a victim of Addison’s disease, which attacks the adrenal glands and makes them faulty in hormone secretion. The condition can be critical in fights against certain infections and times of physical stress.

    Discovered in the 19th century, modern medication (discovered after 1947) have made the illness about as serious as that of a diabetic on insulin. I exaggerate only slightly when I write that the Blairs treat this episode as if Kennedy was the first discovered victim of AIDS. They attempt to excuse the melodrama by saying that Kennedy and his circle disguised the condition by passing it off as an “adrenal insufficiency.” Clearly, Kennedy played word games in his wish to hide a rare and misunderstood disease that he knew his political opponents would distort and exaggerate in order to destroy him, which is just what LBJ and John Connally attempted to do in 1960. The myopic authors save their ire for Kennedy and vent none on Johnson or a potentially rabid political culture on this issue.

    The second major area of focus is Kennedy’s sex life. The authors excuse this preoccupation with seventies revelations, an apparent reference to Exner, Meyer, and perhaps Monroe (p. 667). Kennedy seems to have been attractive to females. He was appreciative of their overtures. There seems to me to be nothing extraordinary about this. Here we have the handsome, tall, witty, charming son of a millionaire who is eligible and clearly going places. If he did not react positively to all the attention heaped on him, I am sure his critics would begin to suggest a “certain latent homosexual syndrome.” But what makes this (lengthy) aspect of the book interesting is that when the Blairs ask some of Kennedy’s girlfriends what his “style” was (clearly looking for juicy sex details), as often as not, the answer is surprising. For instance, in an interview with Charlotte McDonnell, she talks about Kennedy in warm and friendly terms adding that there was “No sex or anything” in their year long relationship (p. 81). Another Kennedy girlfriend, the very attractive Angela Greene had this to say:

    Q: Was he romantically pushy?

    A: I don’t think so. I never found him physically aggressive, if that’s what you mean. Adorable and sweet. (p. 181)

    In another instance, years later, Kennedy was dating the beautiful Bab Beckwith. She invited Kennedy up to her apartment after he had wined and dined her. There was champagne and low music on the radio. But then a news broadcast came on and JFK leaped up, ran to the radio, and turned up the volume to listen to it. Offended, Beckwith threw him out.

    Another curious observation that the book establishes is that Kennedy did not smoke and was only a social drinker. So if, as I detailed in the Mary Meyer tale, Kennedy ended up a White House coke-sniffer and acid head, it was a definite break with the past.

    The Blairs’ book established some paradigms that would be followed in the anti-Kennedy genre. First, and probably foremost, is the influence of Kennedy’s father in his career. In fact, Joe Kennedy’s hovering presence over all his children is a prime motif of the book. The second theme that will be followed is the aforementioned female associations. The third repeating pattern the Blairs’ established is the use of Kennedy’s health problems as some kind of character barometer. That because Kennedy and his circle were not forthright about this, it indicates a covert tendency and a penchant for covering things up.

    It would be easy to dismiss The Search for JFK as a slanted book, and even easier to argue that the authors had an agenda. Clay Blair was educated at Tulane and Columbia and served in the Navy from 1943-1946. He was a military affairs writer and Pentagon correspondent for Time-Life from 1949 to 1957. He then became an editor for the Saturday Evening Post and worked his way up to the corporate level of that magazine’s parent company, Curtis Publications. Almost all of his previous books dealt with some kind of military figure or national security issue e.g. The Atomic Submarine and Admiral Rickover, The Hydrogen Bomb, Nautilus 90 North, Silent Victory: the U.S. Submarine War Against Japan. In his book on Rickover, he got close cooperation from the Atomic Energy Commission and the book was screened by the Navy Department. In 1969 he wrote a book on the Martin Luther King murder called The Strange Case of James Earl Ray. Above the title, the book’s cover asks the question “Conspiracy? Yes or No!” Below this, this the book’s subtitle gives the answer, describing Ray as “The Man who Murdered Martin Luther King.” To be sure there is no ambiguity, on page 146 Blair has Ray shooting King just as the FBI says he did, no surprise since Blair acknowledges help from the Bureau and various other law enforcement agencies in his acknowledgements.

    The Ray book is basically an exercise in guilt through character assassination. This practice has been perfected in the Kennedy assassination field through Oswald biographers like Edward Epstein and Priscilla Johnson McMillan. Consider some of Blair’s chapter headings: “A Heritage of Violence,” “Too Many Strikes Against Him,” “The Status Seeker.” In fact, Blair actually compares Ray with Oswald (pp. 88-89). In this passage, the author reveals that he also believes that Oswald is the lone assassin of Kennedy. He then tries to imply that Ray had the same motive as his predecessor: a perverse desire for status and recognition. Later, Blair is as categorical about the JFK case as he is about the King case:

    In the case of John F. Kennedy the debate still rages. Millions of words have been written–pro and con. Yet no one has produced a single piece of hard evidence that Lee Harvey Oswald was anything more than a psychopath acting entirely on his own. (p. 106)

    I could continue in a similar vein with excerpts from this book and I could also go on with more questionable aspects of Clay Blair’s background. And I could then use this information, and the inferences, to dismiss The Search for JFK. I could even add that Blair’s agent on his Kennedy book was Scott Meredith, who was representing Judith Exner at the time. But I won’t go that far. I may be wrong, but in my opinion I don’t think the book can be classified as a deliberate distortion or hatchet job. Although the authors are in some respects seeking to surface unflattering material, I didn’t feel that they were continually relying on questionable sources or witnesses, or consistently distorting or fabricating the record. As I have mentioned, the book can be criticized and questioned–and dismissed–on other grounds, but, as far as I can see, not on those two.

    Dubious Davis

    Such is not the case with John Davis’ foray into Kennedy biography. The Kennedys: Dynasty and Disaster 1848-1983, was published in 1984, before Davis became the chief spokesman for the anti-Garrison/Mob-did-it wing of the ramified assassination research community. In its very title, his book is deceptive in a couple of interesting ways. First, from the dates included, it implies that the book will be a multigenerational family saga tracing the clan from Joe Kennedy’s parents down to youngest brother Teddy. But of the book’s 648 pages of text, about 400 deal with the life and death of John F. Kennedy. And more than half of those deal with his presidency. In no way is the book an in-depth family profile. Secondly, as any school boy knows, the word dynasty denotes a series or succession of at least three or more rulers. So Jack Kennedy’s two years and ten months as president constitute the shortest “dynasty” in recorded history. In reality, of course, it was not a dynasty at all and the inclusion of the word is a total misnomer.

    But there is a method to the misnoming. For Davis, it is necessary to suggest a kind of “royal family” ambience to the Kennedys and, with it, the accompanying aura of familial and assumed “divine right.” One of the author’s aims is to establish the clan as part of America’s ruling class, with more power and influence than any other. He is clear about this early on, when he writes that Joe Kennedy Sr. was richer than either David or Nelson Rockefeller (p. 133). As any student of wealth and power in America knows, this is a rather amazing statement. In 1960, according to John Blair’s definitive study The Control of Oil, the Rockefeller family had controlling interest in three of the top seven oil companies in America, and four of the top eight in the world. They were also in control of Chase Manhattan Bank, one of the biggest in the nation then and the largest today. They also owned the single most expensive piece of real estate in the country, Rockefeller Center in New York City. The list of private corporations controlled by them could go on for a page, but to name just two, how about IBM and Eastern Airlines. I won’t enumerate the overseas holdings of the family but, suffice it to say, the Kennedys weren’t in the same league in that category. JFK knew this. As Mort Sahl relates, before the 1960 election, he liked to kid Kennedy about being the scion of a multimillionaire. Kennedy cornered him once on this topic and asked him point blank how much he thought his family was worth. Sahl replied, “Probably about three or four hundred million.” Kennedy then asked him how much he thought the Rockefellers were worth. Sahl said he had no idea. Kennedy replied sharply, “Try about four billion.” JFK let the number sink in and then added, “Now that’s money, Mort.”

    Throughout the book, Davis tries to convey the feeling of a destined royalty assuming power. So, according to Davis, Kennedy was thinking of the Senate when he was first elected to the House. Then, from his first day in the Senate, he was thinking of the Vice-Presidency (p. 147). Epitomizing this idea, Davis relates a personal vignette about the Kennedy family wake after JFK’s funeral. Davis, a cousin of Jackie Kennedy, was leaving the hall and paused to shake hands with Rose Kennedy to offer his condolences (p. 450). Mother Kennedy surprised him by saying in a cool, controlled manner: “Oh, thank you Mr. Davis, but don’t worry. Everything will be all right. You’ll see. Now it’s Bobby’s turn.” Such coolness differs greatly from what is revealed in the recently declassified LBJ tapes in which, after the assassination, Rose could not even speak two sentences to the Johnsons without dissolving into tears. But the portrait is in keeping with the ruthless monarchy that Davis takes great pains to portray.

    As I said above, the main focus is Kennedy’s short-lived “dynastic” presidency. And this is where some real questions about Davis’ methodology and intent arise. As he does in his assassination book Mafia Kingfish, Davis proffers a long bibliography to create the impression of immense scholarship and many hours quarrying the truth out of books, files, and libraries. But, like the later book, the text is not footnoted. So if the reader wishes to check certain facts, or locate the context of a comment or deduction, he is generally unable to do so. But fortunately, some of us have a background that enables us to find out where certain facts and deductions came from. This is crucial. For in addition to his wild inflation about the prominence of the Kennedy family in the power elite, another of Davis’ prime objectives is to reverse the verdict of the Church Committee and place Kennedy in the center of the CIA plots to kill Castro.

    Pinning the Plots on Kennedy

    As I said in Part One of this article, there is no evidence of such involvement in either the CIA’s Inspector General report of 1967, or in the Church Committee’s report, Alleged Assassination Plots Involving Foreign Leaders, issued in late 1975. In fact, both advance evidence and conclusions to indicate the contrary. So how does Davis propagate that the Kennedy brothers knew about, authorized, and encouraged the plots? The first method is by performing minute surgery on the 1975 report. Davis states that Allen Dulles briefed JFK on the plots at a November 27, 1960 meeting with the President-elect. He uses Deputy Director Dick Bissell as his source for this disclosure (Davis, p. 289). I turned to the committee report that dealt with Bissell’s assumptions on this matter (Alleged Assassination Plots p. 117). Here is the testimony Davis relies on:

    Bissell: I believe at some stage the President the President and the President-elect both were advised that such an operation had been planned and was being attempted.

    Senator Baker: By whom?

    Bissell: I would guess through some channel by Allen Dulles.

    The Chairman: But you’re guessing aren’t you?

    Bissell: I am, Mr. Chairman, and I have said that I cannot recollect the giving of such briefing at the meeting with the President in November….

    Even thought Bissell does not remember any briefing at this November meeting, Davis writes as if he does and uses him as a source. Yet the report goes on to say (Ibid p. 120): “Bissell surmised that the reasons he and Dulles did not tell Kennedy at that initial meeting were that they had ‘apparently thought it was not an important matter’.” (p. 120.) When Frank Church asked Bissell if that was not rather strange, Bissell replied, “I think that in hindsight it could be regarded as peculiar, yes.” (Ibid, p. 121.) Davis leaves these last two Bissell quotes out, probably because they would vitiate his “conclusion” that Dulles and Bissell informed JFK of the plots. Incredibly, Davis builds on this foundation of sand by postulating that the reason Kennedy decided to go ahead with the Bay of Pigs was that he knew the CIA would kill Castro by then and it would therefore be an easy victory! (Davis, p. 292.)

    Davis must know he’s on shaky ground, because he fishes for substantiation outside of the Church Committee report. Davis states that his quest for this led him to the home of none other than Richard Helms (Ibid, p. 289). Helms told Davis, “that he believed Bissell was correct, that, knowing him, he would not commit perjury before a Senate committee.” (Ibid). Davis leaves out the fact that perjury is precisely what Helms committed before a Senate committee in 1973 about CIA involvement in Chile. He also fails to tell the reader anything about the Helms-Bissell relationship, which makes his “vouching” for Bissell almost humorous. When the two were in the CIA, there were few rivalries more pronounced and few resentments more public than the one between Bissell and Helms, who resented his boss because Bissell kept him out of the loop on some operations. Helms, according to Evan Thomas’ The Very Best Men, was happy to see the Bay of Pigs capsize because it meant Bissell would be out and that Helms would move up ( p. 268). So, to most objective readers, if Helms has now swiveled to endorsing Bissell, there must be some extenuating circumstances involved. There are, and again, Davis does not tell the reader about them. As the Inspector General’s report tells us, when Dulles and Bissell began cleaning out their desks, a new team took over the Castro plots, namely Bill Harvey and Ted Shackley. The man they reported to was Helms, the highest link in the chain (Alleged Assassination Plots pp. 148-153). In other words, the alchemy of John Davis with Bissell helps get Helms off the hook for responsibility for the continuing unauthorized plots. And Helms needs all the help he can get. When John McCone (Kennedy’s replacement CIA Director) expressly forbade any assassination plots, Helms said he couldn’t remember the meeting (Ibid, p. 166). When evidence was advanced that, in direct opposition to Bobby’s wishes, Helms continued the Castro plots and allowed an operative to use RFK’s name in doing so, Helms said he didn’t remember doing that either (Ibid p. 174). On the day that RFK met with CIA officials to make it clear there would be no more unauthorized plots against Castro, Kennedy’s calendar reads as follows: “1:00–Richard Helms.” Helms could not recall the meeting (Ibid p. 131). With this much to explain away, Helms must have poured coffee for Davis the day they met.

    But Davis is not done. He also writes the following:

    Kennedy also met on April 20 with the Cuban national involved in the unsuccessful underworld Castro assassination plot, a meeting that was not discovered until the Senate Committee on Intelligence found out about it in 1975. That Kennedy could have met with this individual, whose name has never been revealed, without knowing what his mission had been, seems inconceivable. (Davis p. 297.)

    Imagine the images conjured up by this passage to a reader who has not read the report. I had read the report and I thought I had missed something. How did I forget about Kennedy’s private meeting with Tony Varona in the Oval office? JFK asks Varona why he couldn’t get at Castro and then pats him on the head and says try it again. When I turned to page 124 in the report, I saw why I didn’t remember it. The meeting, as described by Davis, did not occur. At the real meeting are Kennedy, Robert McNamara, General Lyman Lemnitzer “and other Administration officials.” Also in the room “were several members of Cuban groups involved in the Bay of Pigs.” The report makes clear that this was the beginning of the general review of the Bay of Pigs operation that would, within three weeks, result in the Taylor Review Board which would then recommend reforms in CIA control of covert operations. There is no hint, so pregnant in Davis’ phrasing, that anything about assassination was discussed.

    Womanizer and Warmonger?

    One of the more startling sections of the Davis book is his treatment of Judith Exner. From the above, one would guess that he thoroughly buys into the 1977 Exner-Demaris book. He does and he mentions her name quite often. What is surprising is that he goes even further. Apparently, Davis realizes his jerry-built apparatus of Bissell-Helms, and adulteration of the record will not stand scrutiny. So he calls up Ovid Demaris, coauthor of Judith Exner: My Story (p. 319). From this phone call, Davis is informed that Exner lied in the book. She did tell Kennedy about her affair with Sam Giancana and JFK got jealous. From this, Davis builds another scaffolding: he now postulates that Exner was Kennedy’s conduit to the CIA-Mafia plots to kill Castro (Ibid p. 324). What is breathtaking about this is that this is something that not even Exner had uttered yet, at least not for dissemination. And she won’t until her get-together with Kitty Kelley in the February 1988 cover story for People. This curious passage leads one to think that Davis may have planted the seed from which the Kelley story sprouted.

    To go through the entire Davis book and correct all the errors of fact, logic, and commentary would literally take another book. But, in line with my original argument about anti-Kennedy biography, I must point out just two parts of Davis’ discussion of JFK’s Vietnam policy. The author devotes a small chapter to this subject. In his hands, Kennedy turns into a hawk on Vietnam. Davis writes that on July 17, 1963, Kennedy made “his last public utterance” on Vietnam, saying that the U.S. was going to stay there and win (p.374). But on September 2, 1963, in his interview with Walter Cronkite, Kennedy states that the war is the responsibility of “the people of Vietnam, against the Communists.” In other words, they have to win the war, not Americans. Davis makes no mention of this. Davis similarly ignores NSAM 111 in which Kennedy refused to admit combat troops into the war, integral to any escalation plan, and NSAM 263, which ordered a withdrawal to be completed in 1965. This last was published in the New York Times (11/16/63), so Davis could have easily found it had he been looking.

    In light of this selective presentation of the record on Vietnam, plus the acrobatic contortions performed on the Church Committee report, one has to wonder about Davis’ intent in doing the book. I question his assertion that when he began the book he “did not have a clear idea where it would lead.” (p. 694) So I was not surprised that in addition to expanding Exner’s story, he uncritically accepted the allegations about Mary Meyer and Marilyn Monroe (pp. 610-612). As the reader can see, in the three areas outlined at the beginning of this essay, Davis hit a triple. In all the threads, he has either held steady or advanced the frontier. It is interesting in this regard to note that Davis devotes many pages to JFK’s assassination (pp. 436-498). He writes that Kennedy died at the “hands of Lee Harvey Oswald and possible co-conspirators” (p. 436). Later, he will write that Sirhan killed Bobby Kennedy (p. 552). Going even further, he can state that:

    It would be a misstatement, then, to assert that Deputy Attorney General Katzenbach and the members of the Warren Commission…consciously sought to cover up evidence pertaining to the assassination of John F. Kennedy. (P. 461)

    As the declassified record now shows (Probe Vol. 4 #6 “Gerald Ford: Accessory after the Fact”) this is just plain wrong. Davis then tries to insinuate any cover-up was brought on by either a backfiring of the Castro plots (Davis p. 454) or JFK’s dalliance with Exner (p. 498). As wrongheaded and against the declassified record as this seems, this argument still has adherents, e. g. Martin Waldron and Tom Hartman. They refine it into meaning that the Kennedys had some kind of secret plan to invade Cuba in the offing at the time of the assassination. This ignores the Church Committee report, which shows that by 1963, Kennedy had lost faith in aggression and was working toward accommodation with Castro. It also ignores the facts that JFK would not invade Cuba under the tremendous pressures of either the Bay of Pigs debacle, or the Cuban Missile Crisis in which Bobby backed him on both occasions. Reportedly, like Davis, Waldron likes to use CIA sources like Bill Colby (Mr. Phoenix Operation) on JFK’s ideas about assassination. Just as Newman corrected the Vietnam record in 1992, his long-awaited book Kennedy and Cuba will do much to correct these dubious assertions.

    “Liberal” Turncoats: Collier and Horowitz

    The same year that the Davis book appeared, another anti-Kennedy book was published. It was entitled The Kennedys: An American Drama, and was written by Peter Collier and David Horowitz. These two were both former editors at the liberal Ramparts publication. After the magazine folded, both began to write biographies of famous American families while on their way from the left to the extreme right. In order, the pair examined the Rockefellers, the Kennedys, the Fords, and the Roosevelts. As with Davis, it is interesting to note the difference in their treatments of the Rockefellers (1976) and the Kennedys (1984). In the earlier book, the authors note toward the end that they had access to the Rockefeller family archives (p. 636). In another book of theirs, Destructive Generation, they write that the Rockefeller book began when the pair were soliciting funds to keep Ramparts afloat (p. 275). This is how they got in contact with the younger generation of that clan. So when the magazine fell, they went to work on the family biography with access to people and papers that no outside, nonofficial authors had before. It is interesting that, in 1989, the authors wrote that when they started the Rockefeller book, they were expecting to excavate an “executive committee of the ruling class” and thereby unlock the key to the American power elite. But they found that they only ended up writing about American lives (Ibid). They ended up with that result because that seems to have been the plan all along. Towards the end of the book, the authors strike a rather wistful note, a sort of elegy for a once powerful family that is now fading into the background (The Rockefellers, p. 626). This is extraordinary. Consider some of the things the Rockefellers accomplished in the seventies: they were part of the effort to quadruple gasoline prices through their oil companies; David Rockefeller took part in the effort to get the American government to intervene in Chile in 1973; the Trilateral Commission, which the Rockefellers sponsored, funneled many of its members into the Carter administration; in 1979, Henry Kissinger and David Rockefeller convinced Carter to let the Shah of Iran into the country for medical treatment. The reaction in Iran helped give us Reagan-Bush. The rest, as they say, is history.

    In comparing the two books, one is immediately struck by a difference in approach. Whatever the shortcomings of the Rockefeller book, there is a minimal reliance on questionable sources. And the concentration on individual lives very seldom extends into a pervasive search for sex and scandal. This difference extends to even the photos chosen for the two books. The Rockefeller book is fairly conventional with wide or half page group shots or portraits. In the Kennedy book, even the one page of group shots are tiny prints. The rest are wallet-sized head shots that when leafed through, give the impression of mug shots.

    The accompanying text is suitable to the photo layout. There seems to me to be both a macro and micro plan to the book. The overall plan is to make Joe Kennedy a sort of manipulating overseer to his sons and, at the same time, make him into a status-seeking iconoclast whose beliefs and sympathies are contra to those of America. The problem with this is dual. First, it is the typical “like father, like son” blanket which reeks of guilt, not just by association, but by birth. Second, the blatant ploy does not stand scrutiny because what makes John and Robert Kennedy so fascinating is how different their politics and economics were from Joe Kennedy’s and how fast the difference was exhibited. To use just two examples from JFK’s first term in the House, Kennedy rejected his father’s isolationist Republican type of foreign policy and opted for a more internationalist approach when he voted for the Truman Doctrine and Marshall Plan. Second, Kennedy voted to sustain Truman’s veto of Taft-Hartley which would weaken unions and strengthen American big businessmen–people like his father. From there on in, the splits got wider and wider. It is this father-son dichotomy that none of these books cares to acknowledge let alone explore–which reveals their intent. (An exception is the Blairs’ book, which does acknowledge the split on pp. 608-623.)

    In their approach to JFK, Collier and Horowitz take up where the Blairs left off. In fact, they play up the playboy angle even more strongly than the Blairs. When Kennedy gets to Washington in 1947, this note is immediately struck with “women’s underthings stuffed into the crevices of the sofa” (p. 189) and a “half-eaten hamburger hidden behind books on the mantel” (Ibid). The problem here is there is no source given for the first observation and the hamburger is sourced to none other than CIA-Washington Post crony Joe Alsop, the man who, as Don Gibson pointed out, talked LBJ into forming the Warren Commission (Probe Vol. 3 #4 pp. 28-30).

    This is typical of the book’s low scholarly standard. Both authors have advanced degrees from Cal Berkeley. Both had done some solid academic work in their Ramparts days. Yet neither has any qualms about the Exner or Mary Meyer stories. In fact they both jump on the Timothy Leary addition to the latter ( p. 355). This tabloid approach allows them to use none other than Kitty Kelley on Jackie’s reaction to Kennedy’s supposed White House affairs. Consider the following excerpt based on Kelley:

    She knew far more about these goings-on than he ever suspected and dealt with them through hauteur, as when she disdainfully handed him some panties she’d found in her pillow slip, saying, “Here, would you find out who these belong to. They’re not my size. (Ibid)

    With this kind of standard I’m surprised the authors did not use that other ersatz Kelley “bombshell” about Jackie, namely that JFK’s affairs drove her to electroshock therapy.

    Many of the sexual anecdotes go unsourced, but there is one that is footnoted that is quite revealing. The authors use it as a coda to a chapter on Jack’s early years in the House. This passage synthesizes the image they wish to depict: Kennedy as the empty vessel of his father who had his role as politician forced on him after Joe Junior’s death and who now uses sex as a release from his own vacuity. It deserves to be quoted at length:

    The whole thing with him was pursuit. I think he was secretly disappointed when a woman gave in. It meant that the low esteem in which he held women was once again validated….I was one of the few he could really talk to….During one of these conversations I once asked him why he was doing it–why he was acting like his father…why he was taking a chance on getting caught in a scandal…. He took awhile to formulate an answer. Finally he shrugged and said, “I don’t know, really, I guess I just can’t help it.” He had this sad expression on his face. He looked like a little boy about to cry (p. 214)

    Pretty strong stuff. What else could the authors ask for but young Jack confessing to their charge? But perhaps a little too perfect? After contemplating the words, I thought to myself that JFK was never this open to his girlfriends. Perhaps maybe Inga Arvad, who he wanted to marry, but very few others. So I flipped back to see who the source was. The footnote read “Authors’ interview with Priscilla McMillan.” I then remembered that, by this time, Priscilla had been classified by the CIA as a “witting collaborator.” I also recalled that years later, Priscilla changed her “Platonic” relationship with JFK for the National Enquirer. She was now saying that young Jack had actually made a pass at her.

    With this in mind, it is instructive to note that in Destructive Generation, Collier reveals that in 1979 he started lecturing for the United States Information Agency (p. 275). The USIA has a long, involved association with the CIA and actually disseminated propaganda for the Warren Commission. The date of Collier’s work approximates the time when the Kennedy book idea was originated. Ignoring the shoddy approach and scholarly standards of the work, the New York Times, Washington Post, and New Republic all gave the book prominent and glowing reviews. In the latter case, Martin Peretz placed the book on the August 27, 1984 New Republic cover under the title “Dissolute Dynasty.” He then got longtime Kennedy basher Midge Decter to write a long review that branded the saga “a sordid story.” Right after this ecstatic reception, in 1985, Horowitz and Collier landed a feature story in the Washington Post as “Lefties for Reagan.” Two years later, the pair went on a USIA-State Department sponsored tour of Nicaragua. This was at a time when the CIA was dumping millions into that country in a huge psychological and propaganda war effort. That same year, with lots of foundation money, the pair arranged a “Second Thoughts” conference in Washington. This was basically a meeting of “reformed” sixties liberals bent on attacking that decade and anyone who wished to hold it up as an era of excitement and/or progressive achievement. Peretz attended that conference. Later, they sponsored another conference entitled “Second Thoughts on Race in America.” This might have been called the Washington Post take on race in the eighties since it featured such Kay Graham-Ben Bradlee employees as Richard Cohen, Juan Williams, and Joe Klein. Today, these two see themselves as armed guards protecting America from any renaissance of sixties activism after Reagan. They are quite open about this and Kennedy’s role in it in Destructive Generation: “Just as Eisenhower’s holding action in the Fifties led to JFK’s New Frontier liberalism in the Sixties…so the clamped-down Reaganism of the Eighties has precipitated the current radical resurgence….” Is one to conclude that Clinton is a radical? Was the Kennedy book a put-up job to place them over the top with their right-wing sponsors? Or do they really find Kitty Kelley credible? Could they really not have known that Priscilla Johnson McMillan was doing the same thing with Kennedy that she had recently done with Oswald in her book Marina and Lee? To put it another way: if your function is to discredit a decade, what better way to do it than to smear the man most responsible for ushering it in?

    A Question of Character, But Not Kennedy’s

    Which brings us to Thomas Reeves. By the nineties, the negative literature on the Kennedys had multiplied so much that it was possible just to put it all together and make a compendium of it. In 1991, Reeves did just that with his book A Question of Character. It obediently follows the path paved by its noted predecessors. In fact, many of his footnotes are to Davis and to Collier and Horowitz. Although Reeves is another Ph. D., he never questions the faulty methodology I have pointed out. On the contrary, by ignoring the primary sources, he can actually state that JFK authorized the Castro plots, and that John Davis is especially authoritative on the issue (p. 463). Predictably, he completely buys into Exner’s book and, like Liz Smith, tries to portray her as a victim of the Kennedy protecting “liberal media” (p. 424). He even endorses the Kitty Kelley 1988 People update of Exner’s story, finding no inconsistencies between that and the 1977 installment. And, like Collier and Horowitz, scholar Reeves has no problems using Kelley’s book on Jackie Kennedy as a source, although he does add that the tabloid queen’s works “must be approached cautiously” (p. 440).

    Any scholar who compromises this much, must have an axe to grind. So how ideological is Reeves? He can actually call the Washington Post a liberal newspaper (p. 151). He can use veteran right-wing hit man and Rockefeller agent Victor Lasky as a frequent source. He tries to imply that Lasky’s book on JFK, published in 1963, was banned shortly after Kennedy’s death by the “liberal media” (p. 3). What he doesn’t say is that it was reprinted in 1966.

    Reeves’ method here is to basically combine the Davis book with the Collier-Horowitz book. From the latter we get ladles of sex and women; from the former the notion that Kennedy was a Cold Warrior no different than Eisenhower or Nixon. Like Davis, Reeves performs gymnastics with the Cuba and Vietnam record in order to proffer this. In fact, Reeves is so intent on pommeling JFK that, at times, he reverses field and actually uses Bruce Miroff’s Pragmatic Illusions, a leftist critique of the New Frontier, as a source.

    But there can be little doubt about where Reeves stands. This is the man who once wrote a quite sympathetic book about Joe McCarthy (The Life and Times of Joe McCarthy). In his anthology of essays on the foundation system (Foundations Under Fire) his uncritical opening essay is by far the longest piece in the book. A fierce critic like Fred Cook gets only three pages. In his anthology of essays on McCarthy (McCarthyism), editor Reeves has to label critics of the champion Red baiter as “liberals.” Yet when people like Bill Buckley or Brent Bozell take the floor, no such label is necessary. In his latest book, The Empty Church, Reeves unremittingly pillories liberals for weakening the main Protestant churches in America. What is the cause of their shrinking numbers? The liberalism of the sixties of course. One long chapter is entitled “Stuck in the Sixties.” This last book was published four years after his Kennedy hatchet job, and was sponsored by something called the Wisconsin Policy Research Institute which sounds suspiciously like Horowitz’s Center for Popular Culture, which makes me wonder if Reeves followed an established course of career advancement.

    Reeves certainly did all he could to promote the Marilyn Monroe tale. Of course, he had an advantage. By 1991, when A Question of Character was published, the Marilyn Monroe thread of the movement outlined above was in full bloom. As if by design, this literature assimilated appendages from the other two threads: a distinct anti-Kennedy flavor, and the idea that the Kennedys ordered political assassinations. If one follows the pedigree of this lineage, the reasons for this become clear. The man who created the RFK/Monroe business, as we will see, was an incontinent Kennedy hater.

    In the Collier-Horowitz book, the authors allude to the pamphlet that started the industry. Describing Bobby’s 1964 campaign for a Senate seat in New York, they write:

    Meanwhile, right-wingers were circulating a pamphlet entitled “The Strange Death of Marilyn Monroe,” charging that Bobby had been having an affair with the film actress and, when she threatened to expose some of his dealings in appeasing the Castro regime, had her killed by Communist agents under his control. (p. 409)

    The authors fail to note the man who penned this work. His name was Frank Capell. Capell is usually described as an extreme right-winger associated with the John Birch Society. This is apt, but incomplete. As Jim Garrison once noted, the more one scratches at these Minutemen types, the more their intelligence connections appear.

    Swallowing Frank Capell

    Capell had worked for the government in World War II, but was convicted on charges of eliciting kickbacks from contractors for the war effort. After the war, in the Red Scare era, Capell began publishing a Red baiting newsletter, The Herald of Freedom. He was highly active in attempting to expose leftists in the entertainment industry. It was this experience that put him in a good position to pen his McCarthyite, murderous smear of Bobby Kennedy.

    But there is another element that needs to be noted about Capell: his ties to the FBI. As Lisa Pease noted in her watershed article on Thomas Dodd (Probe Vol. 3#6), Capell was one of the sources tapped by the Bureau in the wake of the assassination in order to find out who Oswald really was. His information proved remarkably penetrating, considering it came in February of 1964. Capell said Oswald was a CIA agent. Even more interesting, Capell stated in his FBI interview that this information came from “a friend of his…with sources close to the presidential commission” i. e., the Warren Commission. To have this kind of acute information and to have access to people around the Commission (which was sealed off at the time) strongly indicates Capell was tied into the intelligence community, which of course, is probably why the Bureau was consulting him in the first place.

    This is revelatory of not just the past, i.e. the origins of this myth, but of the present, i.e. why it persists. For as Donald Spoto reveals in his book Marilyn Monroe, one of the people who relentlessly pushed Capell’s fabricated smear was fellow FBI asset, Hoover crony, and Hollywood Red baiter Walter Winchell (Spoto p. 601). (For a full discussion of former ONI operative Winchell’s service in Hoover’s employ see Neal Gabler’s Winchell.) As William Sullivan has noted, the dissemination of Capell’s invention was encouraged by Hoover. Sullivan called Bobby a near-Puritan and then added:

    The stories about Bobby Kennedy and Marilyn Monroe were just stories. The original story was invented by a so-called journalist, a right-wing zealot who had a history of spinning wild yarns. It spread like wildfire, of course, and J. Edgar Hoover was right there, gleefully fanning the flames. (The Bureau p. 56)

    The Capell/Winchell/Hoover triangle sowed the seeds of this slander. But the exposure of this triangle does more. In the Vanity Fair article in which Judith Exner dumped out the latest installment of her continuing saga, Liz Smith revealed that she apprenticed at the feet of Walter Winchell in New York (January 1997 p. 32). This may explain why she took up her mentor’s cudgel.

    Capell’s work is, as Spoto notes in his Afterword, a frightful piece of reactionary paranoia. But there are two details in his pat anti-Kennedy tract that merit mention. First, Capell is probably the first to propagate the idea that RFK was indirectly responsible for his brother’s murder. He does this by saying (p. 52), that commie sympathizer Bobby called off the investigation of the shooting of General Edwin Walker in April of 1963, thus allowing that crazed Communist Oswald to escape and later kill JFK. This piece of rant has been modified later to fit into the stilted mosaics of people like Davis and Waldron. What makes it so fascinating is that, through the FBI’s own files, we now have evidence that Capell was deliberately creating a fiction: he had information that Oswald was not a communist, but a CIA agent.

    The second point worth examining about Capell’s screed is the part where he begins laying out the “conspiracy” to kill Marilyn, specifically, RFK’s motive for murder. Capell writes:

    But what if she were helped along into the next world by someone who would either benefit financially or who feared she might disclose something he wished to conceal. Suppose, for example, a married man were involved, that he had promised to marry her but was not sincere. Suppose she had threatened to expose their relationship (p. 28)

    This is as specific as Capell gets in outlining his reason for the “conspiracy.” I wondered where he got the idea of Monroe’s “going public” about an affair. As many writers have pointed out, this would have been quite out of character for her. Something that Jim Marrs recently sent me may help explain it. He sent me the full text of a memo that he references in his current book, Alien Agenda. The memo supposedly reports on information gleaned from an FBI wiretap of Dorothy Kilgallen’s phone. The document went from the FBI to the CIA, where it was signed by James Angleton. In it, a man named Howard Rothberg is quoted as saying that Monroe had conversations with the Kennedy brothers on top secret matters like the examination of captured outer space creatures, bases inside of Cuba, and of President Kennedy’s plans to kill Castro. He also said that she was talking about a “diary of secrets” (quotes in original) that she had threatened RFK with if he brushed her off. When I got this memo, I was struck by its singular format. I have seen hundreds of CIA documents, maybe thousands, and I never saw one that looked like this. (We can’t reproduce it because the copy sent to us is so poor). I forwarded it to Washington researcher Peter Vea. He agreed it was highly unusual. To play it safe, I then sent a copy to former intelligence analyst John Newman. He said that he had seen such reports. What he thought was wrong with it was that there were things in it that should have been redacted that weren’t and things exposed that should have been blacked out. For instance, there is a phrase as follows, “a secret air base for the purpose of inspecting [things] from outer space.” Newman notes that the brackets around the word “things” denote that it had been previously redacted. It should not have. The words “outer space” should have been redacted and they never were. On the basis of this and other inconsistencies, he decided it was a “good” forgery from someone who knew what they were doing. He told PBS this four years ago when they showed it to him. The fact that this document purportedly revealing sensitive information was exposed in 1993 when he saw it, before the JFK Act when into effect, justifies even more suspicion about its origin and intent.

    Spoto’s book adds more to the suspicion about the document, and perhaps the information in Capell’s pamphlet. Spoto notes that on August 3, 1962, the day the above memo was distributed, Kilgallen printed an item in her column saying that Marilyn was “vastly alluring to a handsome gentleman who is a bigger name than Joe DiMaggio” (p. 600). Spoto notes the source for Kilgallen’s story as Howard Rothberg, the man named in the memo. This is interesting for more than one reason. First, Spoto writes that Rothberg was “a New York interior designer with no connection at all to Marilyn or her circle.” (Ibid.) This means that he was likely getting his “information” through a third, unnamed source. Second, Rothberg’s name, and this is part of the sensitive information referred to above, is exposed in the document. This is extraordinary. Anyone who has jousted with the FBI or CIA knows how difficult it is to get “sources and methods” revealed. In fact this is one of the big battles the ARRB had to fight with the FBI. Yet in this document, both the method and the source are open. Third, to my knowledge, Kilgallen never printed anything specific from the document. Why? Assuming for a moment that the document is real, probably because she could not confirm anything in it. But interestingly, right after Kilgallen printed her vague allusion, Winchell began his steady drumbeat of rumors until, as Spoto notes, he essentially printed Capell’s whole tale (p. 601). From this, one could conclude that the Angleton memo could be viewed in two ways. Either it was, as in Newman believes, a “good” fake, or a false lead planted to begin an orchestrated campaign. More specifically, Rothberg was either a witting or unwitting conduit to the media for either Hoover or Angleton (or both). The quick Winchell follow-up would argue for Hoover. The Director would want someone else to lead the story before his man Winchell pushed it to the limit. The “diary of secrets,” so reminiscent of Mary Meyer (discussed in Part One of this article) would suggest Angleton.

    Capell was drawn up on charges in 1965. The charges were rather fatal to the tale told in his RFK pamphlet: conspiracy to commit libel. One would have thought this discreditation was enough to impale the tale. And it probably would have been had it not been for Norman Mailer. In 1973, Mailer published a book, Marilyn, (really a photo essay) with the assistance of longtime FBI asset on the Kennedy assassination Larry Schiller. He recirculated the tale again, inserting a new twist. He added the possibility that the FBI and/or the CIA might have been involved in the murder in order to blackmail Bobby ( p. 242). In 1973, pre-Rupert Murdoch, the media had some standards. Mailer was excoriated for his baseless ruminations. In private, he admitted he did what he did to help pay off a tax debt. He also made a similar confession in public. When Mike Wallace asked him on 60 Minutes (7/13/73) why he had to trash Bobby Kennedy, Mailer replied “I needed money very badly.”

    Swallowing Slatzer

    The worst thing about Mailer’s money-grubbing antics was that it gave an alley to run through to a man who had actually been at work before Mailer’s book was published. In 1972, Robert Slatzer approached a writer named Will Fowler. Slatzer had been at work on an article which posited a conspiracy to murder Monroe. Fowler read it and was unimpressed. He told Slatzer that had he been married to Monroe, now that would make a real story. Shortly after, Slatzer got in contact with Fowler again. He said he forgot to tell him, but he had been married to Monroe. The “marriage” was a short one: 72 hours. It happened in Mexico on October 4, 1952. Unfortunately for Slatzer, Spoto found out that Monroe was in Beverly Hills that day on a shopping spree and she signed a check dated October 4th to pay for the articles she purchased (Spoto p. 227). Since Slatzer says that the pair left for Mexico on October 3rd and stayed for the following weekend, this demolishes his story.

    But despite his fabrications, in 1974 Slatzer turned his article into a book entitled The Life and Curious Death of Marilyn Monroe. It went through at least three printings, including a mass paperback sale. Besides his “marriage” and his “continuing friendship” with Monroe, the other distinguishing aspect of the book is its similarity to Capell’s work. The first line is: “Bobby Kennedy promised to marry me. What do you think of that?” Slatzer, as if reading the Hoover/Angleton memo, saw her “diary.” One of the things in it is a mention of “Murder, Incorporated.” When Slatzer asks his “ex-wife” what that meant, Marilyn replies on cue: “I didn’t quite understand what Bobby was saying. But I remember him telling me that he was powerful enough to have people taken care of it they got in his way.” Another entry is about the Bay of Pigs. Slatzer says that Marilyn told him that Jack let Bobby handle “the whole thing” because JFK’s back was sore that day etc. etc. etc. The whole book is a continuation and refinement of the Capell hoax.

    But Slatzer got away with it. Today he still appears on talk shows and videos (e.g. Marilyn, the Last Word ) as Marilyn’s former spouse. In 1991, he actually sold his story to the ever gullible ABC. They made a film of his tall tale: Marilyn and Me.

    Slatzer’s book set a precedent in this field. Later, volumes by the likes of Milo Speriglio (whom Slatzer hired as an investigator), Anthony Scaduto, and James Haspiel, took their lead from Slatzer. They all follow the above outlined formula: the Kennedys were a rotten crowd (Collier and Horowitz); they were involved in political assassinations (John Davis); and both were having affairs with Monroe (Slatzer).

    Tony, How Could You?

    In the Monroe/Kennedys industry, 1985 was a pivotal year. Anthony Summers dove into the quagmire–head first. He published his Marilyn biography, Goddess.

    In it, he reveals (shockingly) that he bought into Slatzer. Slatzer is profusely mentioned in both the index and his footnotes. So are people like Haspiel and Jeane Carmen. Carmen is another late-surfacing intimate of Monroe. Carmen professes to have been Monroe’s roomie when she lived on Doheny Drive, before she bought her famous home in Brentwood. She began circulating her story after Slatzer did his bit. Of course, Marilyn’s neighbors at Doheny, and her other friends, don’t recall her (Spoto p. 472). But Summers welcomes her because she provides sexy details about Marilyn’s torrid romance with Bobby. A third peg in Summers’ edifice is Ralph de Toledano. Summers describes him as a “Kennedy critic” in the paperback version of his book (p. 453). This is like saying that Richard Helms once did some work for the CIA. De Toledano was a former OSS officer who Bill Donovan got rid of because he was too much of a rabid anticommunist. After the war, he hooked up with professional Red baiter Isaac Don Levine of the publication Plain Talk. Levine was another spooky journalist whom Allen Dulles, while he was on the Warren Commission, considered using to write incriminating articles about Oswald (Peter Scott, Deep Politics and the Death of JFK p. 55). Later on, de Toledano found a home at former CIA officer and E. Howard Hunt pal Bill Buckley’s National Review. If one were to translate the Summers trio of Slatzer, Carmen, and de Toledano to the JFK case, one could say that he wedded Ricky White to Beverly Oliver and then brought in a journalist like, say Hugh Aynesworth, to cinch his case. And the things Summers leaves out are as important as what he puts in. For instance, he omits the facts that her psychiatrist did not know the drugs that her internist was prescribing; the weird nature and background of her house servant Eunice Murray; and her pending reconciliation with Joe DiMaggio which, of course, makes her “torrid romance” with Bobby even more incredible. The reconciliation makes less credible Summers’ portrait of an extremely neurotic Monroe, which he needs in order to float the possibility that she was going to “broadcast” her relationship with the Kennedys.

    Summers’ book attracted the attention of Geraldo Rivera at ABC’s 20/20. Rivera and his cohort Sylvia Chase bought into Goddess about as willingly as Summers bought Slatzer. They began filing a segment for the news magazine. But as the segment began to go through the editors, objections and reservations were expressed. Finally, Roone Arledge, head of the division at the time, vetoed it by saying it was, “A sleazy piece of journalism” and “gossip-column stuff” (Summers p. 422). Liz Smith, queen of those gossip-columnists, pilloried ABC for censoring the “truth about 1962.” Rivera either quit or was shoved out by ABC over the controversy. Arledge was accused by Chase of “protecting the Kennedys” (he was a distant relative through marriage). Rivera showed his true colors by going on to produce syndicated specials on Satanism and Al Capone’s vaults (which were empty). He is now famous for bringing tabloidism to television. Arledge won the battle. Rivera and Liz Smith won the war. Until 1993.

    The Truth About Marilyn

    In 1993, Donald Spoto wrote his bio of Monroe. After reading the likes of Haspiel, Slatzer and Summers, picking up Spoto is like going back into one’s home after it has been fumigated. Spoto is a very experienced biographer who is not shy about controversy. His biographies of Alfred Hitchcock and Laurence Olivier reveal sides of their personalities that they, and other writers, tried to conceal. Spoto is also quite thorough in obtaining and then pouring over primary sources. Finally, he respects himself and his subject, which allows him to question sources before arriving at a judgment on someone’s credibility. This last quality allowed him to arrive at what is the most satisfactory conclusion about the death of Monroe (Spoto pp. 566-593). The Kennedys had nothing to do with it. I have no great interest or admiration for Monroe as an actress or a personality. But I do appreciate good research, fine writing, and a clear dedication to truth. If any reader is interested in the real facts of her life, this is the book to read.

    Sy Hersh’s “Truth”

    Seymour Hersh apparently never read it. And in fact, as Robert Sam Anson relates in the November 1997 Vanity Fair, Hersh never thought there was a conspiracy in the JFK case (p. 108). But in 1993, a friend at ABC proposed an investigative segment for the network on the 30th anniversary of the murder. Apparently, the idea fell through. But by that time, Hersh had hooked up with an old pal, Michael Ewing. Hersh then decided that a book on the Kennedys–not necessarily the assassination– would bring him the big money that he craved. Through big-time talent agency ICM, the project was sold to Little, Brown for the Bob Woodward type of money that Hersh was so envious of: a cool million.

    Although Ewing appears to have been a major source for Hersh, Anson misses his true significance. Ewing was one of the people brought into the House Select Committee by Bob Blakey after Dick Sprague was forced out. Ewing has never complained in public about the failures of that inquest. There is a reason for this: he is a Blakey acolyte. Blakey liked him so much that he gave him a key assignment in 1978: close down the New Orleans investigation. The HSCA had found too much corroborating evidence supporting Jim Garrison’s allegations about certain people involved with Oswald in the summer of 1963. One of these witnesses described elements of a conspiracy in New Orleans which included David Ferrie and Clay Shaw. He also said that Shaw knew Ruby. He then passed a polygraph with flying colors. That was enough for Blakey. He switched investigating teams. Some of the people Blakey brought in knew nothing about New Orleans: they were actually pulled off the Martin Luther King side of the HSCA. The man brought in to actually bury Garrison was Ewing. Two of the people Ewing consulted with before dismissing Garrison were Bill Gurvich and Aaron Kohn, two men strongly connected to the FBI and whose credibility on Garrison is quite suspect.

    At the beginning of his project, Hersh declared that Ewing had “an I.Q. of about 800 and government documents coming out of his ears.” (Anson p. 120) It is questionable whether Hersh was ever going to do a book about the Kennedy murder. But if he was, Ewing would give him several advantages: 1) He was anti-Garrison. As has been shown by Summers, Davis, and David Scheim, being anti-Garrison is always a plus for media exposure. 2) If they found a conspiracy, Ewing’s history would guarantee it would be mob-oriented. Another plus for media exposure. 3) As Anson reveals, Ewing has now broadened his character assassination talents from Garrison to the Kennedys (p. 110). Like John Davis, and against the record, Ewing believes RFK was not only in on the Castro plots but controlled them to the point of choosing which mobsters to use. His source on this? A “senior CIA official” (Anson p. 115). Did Ewing follow the Davis example and lunch with Richard Helms?

    Not since Gerald Posner has a book on the JFK case been as touted as Hersh’s. It started in Esquire with a teaser article in its September 1996 issue. In July and September of this year, Liz Smith kept up the barrage of pro-Hersh blurbs in her column. The September 23rd notice stated that Hersh’s book would focus on the Kennedys and Monroe and how RFK had Monroe killed.

    As everyone knows by now, the whole Monroe angle blew up in Hersh’s face. When Hersh had to reluctantly admit on ABC that he had been had, he did it on the same spot where Rivers, Summers, and Sylvia Chase had played martyrs for the tabloid cause, namely 20/20. On September 25th, Peter Jennings narrated the opening segment of that program. With what we know in November, Jennings approach reveals much by what was left out. Hersh appeared only briefly on the segment. He was on screen less than 10% of the time. The main focus was on the forensic debunking of the documents (which we now know was underplayed by ABC.) Jennings cornered Lex Cusack, the man who “found” the papers in the files of his late father who was an attorney. From published accounts, the documents were supposedly signed by five people: JFK, RFK, Monroe, Janet DesRosiers (Joe Kennedy’s assistant) and Aaron Frosch (Monroe’s lawyer). They outline a settlement agreement between JFK and Monroe signed at the Carlyle Hotel in New York on March 3, 1960. The documents set up a $600,000 trust to be paid by contributions from the individual Kennedy family members to Monroe’s mother, Gladys Baker. In return for this, Monroe agrees to keep quiet about her relationship with JFK and any underworld personalities she observed in Kennedy’s presence. The latter is specified as being Sam Giancana. Kennedy had a lawyer out of his usual orbit, Larry Cusack of New York, do the preparation.

    Just from the above, one could see there were certain problems with the story. First, its details could have been culled from reading the pulp fiction in the Monroe field: the idea that JFK had a long, ongoing affair with Monroe; that she had threatened to go public with it; that the Kennedys were in league with Giancana; that the family would put up money to save JFK’s career etc. All this could have been rendered from reading, say two books: Slatzer’s and Thomas Reeves’. Even the touch about the Carlyle Hotel–Kennedy’s New York apartment–is in the Reeves book. In other words, it is all too stale and pat, with none of the twists or turns that happen in real life. Secondly, are we to truly believe that the Kennedys would put their name to a document so that a woman blackmailing them would have even more power to blackmail them in the future? Or was that to lead into why the Kennedys had her killed?

    Hersh has leapt so enthusiastically into the “trash Kennedy” abyss that these questions never seem to have bothered him. Anson depicts him as waving the documents over his head at a restaurant and shouting, “The Kennedys were…the worst people!” Lex Cusack showed them to Hersh a few at a time, wetting his appetite for more at each instance. Hersh then used the documents to get Little, Brown to give him $250,000 more and to sell ABC on a documentary.

    Jennings said on the 20/20 segment that the flaw in the documents was in the typing part of them and not the actually penmanship. As subsequent facts have shown, this is not actually true. Linda Hart, one of the handwriting analysts hired by ABC (who was slighted on the program) later said that there were indications of “pen drops” in John Kennedy’s signature, i.e. someone stopped writing and then started up again, a sure indication of tracing. Also, when I talked to Greg Schreiner, president of a Monroe fan club in Los Angeles, he told me that the moment he saw Monroe’s signature, he knew it was not hers. Interestingly, he had met with Hersh this summer. Hersh had told him about the documents and Greg asked to see them. Hersh refused.

    Another interesting aspect of the exposure of Hersh’s “bombshell” was aired in the New York Times on September 27th. In this story, Bill Carter disclosed that there were doubts expressed about the documents by NBC to Hersh many months ago. Warren Littlefield, an NBC executive, said that Hersh had tried to peddle a documentary to them based on the documents. After NBC sent their experts to look at them in the summer of 1996, he told Hersh that in their opinion the documents were questionable. He said that NBC’s lawyers were more specific with Hersh’s lawyers. This was backed up by David Samuels’ article in The New Yorker of 11/3/97. So Hersh’s denials on this point, mentioned by Carter, ring hollow.

    What makes the hollowness more palpable is one of the typing inconsistencies in the documents. On the Jennings segment, former FBI expert Jerry Richards showed one of the most blatant errors in the concoction. The typist had made a misspelling and had gone back to erase it. But the erasure was done with a lift-off ribbon which was not available in 1960 and was not sold until the seventies. This erasure is so clear it even shows up in photos in the Samuels article. Hersh has been a reporter since the early sixties. For at least two decades (before computers came in), he made his living with a typewriter. Yet, in all the hours he spent looking at these papers, this anachronism never jumped out at him?

    That Hersh could be such an easy mark, that he was so eager to buy into the Summers-Haspiel-Slatzer concoction tells us a lot about what to expect from his book. As Anson notes, Hersh has been talking not only to CIA officials, but also to Secret Service people and, especially to Judith Exner. The reasons for the CIA to lie about the Castro plots have already been explained. At the beginning of part one of this piece, I mentioned that many in the Secret Service hated Kennedy, realized they were culpable in a security breakdown, and, like Elmer Moore, worked hard to cover up the true circumstances of Kennedy’s murder. About Exner’s motives, I can only speculate. Will Hersh have her now say that she saw Marilyn with Kennedy and Giancana in Hyannis Port on a sail boat eating pizza? From Anson’s description of panting-dog Hersh, delivering Exner to him was a little like giving Geraldo copy of Goddess.

    Mega-Trasher, or Just Mega-Trash?

    Hersh’s book promises to be the mega “trash Kennedy” book. And, like any hatchet man, Hersh tries to disguise his mission. In the Vanity Fair article, his fellow workers on the ABC documentary say, “there have been moments when, while recounting private acts of kindness by JFK, Hersh has broken down and wept.” (Anson p. 122) This from a man who intimidated witnesses with his phony papers and waved them aloft while damning the Kennedys with them. I believe his tears as much as I do the seance that Ben Bradlee and Jim Angleton attended to speak with the spirit of Mary Meyer (see Part One). At the end, Hersh joins in the con job: “I would have been absolutely devoted to Jack Kennedy if I had worked for him. I would have been knocked out by him. I would have liked him a lot.” (Ibid) With what Anson shows of Hersh, I actually believe him on this score. He would have loved his version of Kennedy.

    Anson’s article begs the next question: who is Hersh? As is common knowledge, the story that made Hersh’s career was his series of articles on the massacre of civilians at the village of My Lai in Vietnam. Hersh then wrote two books on this atrocity: My Lai 4 and Cover Up. There have always been questions about both the orders given on that mission and the unsatisfactory investigation after the fact. These questions began to boil in the aftermath of the exposure of the Bill Colby/Ted Shackley directed Phoenix Program: the deliberate assassination of any Vietnamese suspected of being Viet Cong. The death count for that operation has ranged between twenty and forty thousand. These questions were even more intriguing in light of the fact that the man chosen to run the military review of the massacre, General Peers, had a long term relationship with the CIA. In fact, former Special Forces Captain John McCarthy told me that–in terms of closeness to the Agency–Peers was another Ed Lansdale.

    By the time Hersh’s second book on the subject appeared, the suspicions about the massacre, and that Peers had directed a cover up, were now multiplying. Hersh went out of his way to address these questions in Cover Up. On pages 97-98 the following passage appears:

    There was no conspiracy to destroy the village of My Lai 4; what took place there had happened before and would happen again in Quang Ngai province–although with less drastic results. The desire of Lieutenant Colonel Barker to mount another successful, high enemy body-count operation in the area; the desire of Ramsdell to demonstrate the effectiveness of his operations; the belief shared by all the principals that everyone living in Son My was staying there by choice because of Communists…and the basic incompetence of many intelligence personnel in the Army–all these factors combined to enable a group of ambitious men to mount an unnecessary mission against a nonexistent enemy force, and somehow to find the evidence to justify it all.

    I won’t go into all the things that must be true for Hersh to be correct. I will add that in the definitive book of the subject, The Phoenix Program, My Lai is described as part of the Colby/Shackley operation.

    After My Lai, the New York Times assigned Hersh to the Watergate beat. The paper was getting scooped by Woodward and Bernstein at the Washington Post. For a “crack” reporter, Hersh did not distinguish himself, especially in retrospect. He basically followed in the footsteps of the Post. i.e. the whole complicated mess was a Nixon operation; there was no real CIA involvement; whatever Hunt and McCord did, no matter how weird and questionable, they did for the White House. As late as the December 12, 1992 edition of The New Yorker, Hersh was still hewing to this line in his article entitled “Nixon’s Last Cover Up.” In spite of this, at times Hersh actually did favors for the White House. As Ron Rosenbaum describes in Travels with Dr. Death, Hersh circulated some dirt on Dan Ellsberg (p. 294).

    Anson mentions a famous anecdote about Hersh’s reporting on Watergate (p. 107). Hersh got wind of a man involved in the Watergate caper by the name of Frank Sturgis. Sturgis was getting ready to talk during the early stages of the unfolding Watergate drama. Sturgis was working with Andrew St. George, a good, relatively independent journalist. The pair were going to write a book about Sturgis’ experience in Watergate, but Hersh threatened to expose them first if they did not cooperate with him. In return, Hersh promised not to name St. George and to run the completed article by them first. St. George kept his side of the deal. Hersh broke his. St. George was named in the piece twenty-three times.

    But there is another aspect to this story not mentioned by Anson. When St. George did publish a piece on Watergate in Harper’s, it was based on his talks with another Watergate burglar, Eugenio Martinez. It gave strong indications of the CIA’s role in Watergate, and that Howard Hunt was a double agent inside the Nixon camp. A few years later, in High Times (April 1977) sans Hersh, Sturgis now spoke. He depicted Watergate as a war not with Sam Ervin and the Post on one side and Nixon on the other; but as the CIA versus Nixon. None of this was in Hersh’s piece, which presented the typical White House-funneling-“hush money”-to-the-burglars story which could have been written by Woodward.

    Next for Hersh were his exposures in the New York Times of CIA counter intelligence chief James Angleton’s domestic operations. Domestic ops were banned by the CIA’s original charter, although they had been done ever since that Agency’s inception. But at Christmas, 1974, Hersh’s stories were splashed all over the Times. Hersh won a Pulitzer for them. One would think this would be a strong indication of Hersh’s independence from, even antagonism for the CIA. One would be wrong. As everyone familiar with the Agency’s history knows, in 1974 there was a huge turf war going on between Angleton and Colby (formerly of the Vietnam Phoenix program). Angleton lost this struggle, largely through Hersh’s stories. But the week before Hersh’s stories were printed, on December 16, 1974, Colby addressed the Council of Foreign Relations on this very subject and admitted to the domestic spying (Imperial Brain Trust p. 61). Why? Because their selective exposure could be used to oust Angleton. Many now believe that Hersh’s stories were part of Colby’s campaign to oust Angleton, sanctioned by the CIA Director himself.

    Next up for Hersh was the story of the downing of KAL 700. This was the curious case of the Korean Air Liner shot down over Russian air space after having drifted off course. Many suspected that, as with the My Lai case, there was more here than met the eye. The long length of time that the plane had been off course, as well as its failure to respond to signals, led some to believe that the Russians had no choice but to shoot down the plane. In fact, many articles appeared, for example in The Nation, to support that thesis. The Reagan administration wanted to portray the incident as an example of Soviet barbarity (shades of Basulto’s Brothers to the Rescue). They, and specifically Jeanne Kirkpatrick, treated the downing as a great propaganda victory. In his book, The Target Is Destroyed, Hersh ended up siding with the administration.

    Which brings us to the nineties. Everyone knows that the broad release of Oliver Stone’s JFK in 1992 put the Kennedy assassination back into play. The pre-release attack against the film was unprecedented in movie history. That’s because it was more than just a movie. It was a message, with powerful political overtones that dug deeply into the public psyche: a grand political conspiracy had killed the last progressive president. That Vietnam would have never happened if Kennedy had lived. That JFK was working for accommodation with Castro at the time of his death. That the country has not really been the same since.

    The preemptive strike was successful in slowing up the film’s momentum out of the starting block. But the movie did increase the number of people who believe the case was a conspiracy into the ninety-percent range. The following year, in anticipation of the 30th anniversary of the murder, Gerald Posner got the jump on the critics with his specious book on the case. The media hailed him as a truth-teller. The critics were shut out. No nonfiction book in recent memory ever received such a huge publicity campaign–and deserved it less.

    Looming in the Background

    After Jim Marrs debated Posner on the Kevin McCarthy show in Dallas, he chatted with him. Marrs asked him how he came to do the book. Posner replied that an editor at Random House, one Bob Loomis, got in contact with him and promised him cooperation from the CIA with the book. This explains how Posner got access to KGB turncoat Yuri Nosenko, who was put on a CIA retainer in the late seventies. At the time of Posner-mania, Alan Houston wrote Mr. Loomis, who also edited the Posner book. In a reply dated 10/27/93, Loomis revealed much about himself:

    I have no doubt that you really believe what you are saying, but I must tell you that your letter is one of the best indications I’ve seen yet as to why the American public has been misled by ridiculous conspiracy theories.

    You have proved nothing insofar as I can see, except for the fact that you simply can’t see the truth of the situation. My feeling is that it is you and others like you who have perverted the historical record and, in an inexcusable way, pardoned the murderer.

    Readers of Probe know that Loomis is not a new pal of the CIA. In our Watergate issue (Vol. 3#2), we wrote about the long, controversial career of journalist James Phelan, a strong supporter of the Warren Commission and harsh critic of Jim Garrison and his “wacky conspiracy theories.” Phelan always strongly denied he was compromised in any way. Even when confronted with documents showing connections to government agencies (like the FBI) he still denied it. When Phelan did his book on Howard Hughes–which completely whitewashed the ties of the eccentric billionaire to the CIA–that “instant” book was a top secret project of Random House, handled by Bob Loomis.

    Needless to say, Loomis was Hersh’s editor at Random House on both his My Lai books. David Halberstam, in The Powers That Be, noted that it was Loomis who put Hersh in contact with St. George and Sturgis during Watergate (p. 681). According to his secretary, Loomis worked closely with Hersh on The Target Is Destroyed. Certainly, one of the most ridiculous statements made by Hersh would be music to Loomis’ ears. Hersh’s Holy Grail on the assassination conspiracy, the cinching piece of the puzzle, would be “a reel of tape of Oswald getting briefed by Giancana” (Anson p. 120). With what serious people have learned about Oswald today, through work by Phil Melanson, John Newman, and John Armstrong, this is preposterous. The Blakey-Davis whim about the Mafia hiring a “hit man” who couldn’t hit the side of a barn and used a $12.95 bolt action rifle to do the job, went out the window when the HSCA closed down. But “crack” reporter Hersh still buys into it. As he does the idea that Sirhan killed Bobby Kennedy, proven by the fact that he wrote a blurb praising Dan Moldea’s 1995 whitewash of that case.

    Behind all the sordid details of these articles there is a bigger picture to be outlined. One of the main parts of it is the increasing ascendancy of tabloid journalism into the major media outlets, and with it, its concomitant attachment to the lives of celebrities. More often than not, that translates into the endless search for sleaze and scandal. This chain on the lives of the Kennedys has been well described in these articles. The overall tendency has become so prevalent that, as many have noted, tabloid sales in the U.S. have declined of late because the mainstream media have now bowed to these tendencies so much that much of their news has seeped over, thereby blurring the lines between the two. In my view, some of the milestones in this trend have been examined in this article: in the nonfiction book field it would be the Collier-Horowitz book; in magazine journalism, the Kitty Kelley article on Exner; in television, the 1985 Rivera controversy about Summers’ book.

    This blurring of tabloid and journalistic standards inevitably leads to a blurring of history. With people like Kelley, Rivera, and Exner commenting, the Kennedys get inserted into a giant Torbitt Document of modern history. With people like Davis translating for them, RFK does not pursue Giancana, they are actually pals in MONGOOSE. The Kennedys agree with the Joint Chiefs: we should invade Cuba. And then escalate in Vietnam. Disinformation feeds on disinformation, and whatever the record shows is shunted aside as the tabloid version becomes “accepted history,” to use Davis’ phrase (p. 290). The point of this blurring of sources is that the Kennedys, in these hands, become no different than the Dulles brothers, or Nixon, or Eisenhower. In fact, Davis says this explicitly in his book( pp. 298-99). As I noted in the last issue, with Demaris and Exner, the Kennedys are no different than Giancana. And once this is pounded home, then anything is possible. Maybe Oswald did work for Giancana. And if RFK was working with Sam, then maybe Bobby unwittingly had his brother killed. Tragic, but hey, if you play with fire you get burned. Tsk. Tsk.

    But beyond this, there is an even larger gestalt. If the Kennedys were just Sorenson-wrapped mobsters or CIA officers, then what difference does it make in history if they were assassinated? The only people who should care are sentimental Camelot sops like O’Donnell and Powers who were in it for a buck anyway. Why waste the time and effort of a new investigation on that. For the CIA, this is as good as a rerun of the Warren Commission, since the net results are quite similar. So its no surprise to me that the focus of Hersh’s book has shifted between Oswald did it for the Mob, and an all out trashing of the Kennedys.

    The standard defense by these purveyors is that they go on the offense. Anyone who objects to their peculiar blend of misinformation, or questions their sources or intent is labeled as “protecting the Kennedys,” or a “disappointed Kennedy fan,” or a “hagiographer.” Tactically, this is a great cover to avoid the questionable credibility of people like the Alsops, Priscilla Johnson McMillan, or a flimflam man like Slatzer. It also avoids acknowledging their descent into the ranks of Hoover and Angleton. When Summers’ book on Hoover came out, which followed much the same line on the Kennedys as Goddess, he got a guest spot on The Larry King Show. There, Hoover aide Cartha De Loach called his book a collection of “sleaze.” Summers fought back by saying that Hoover and De Loach were peddling “sex tapes” about Martin Luther King to the press. At that point, if Larry King weren’t such a stiff, he would have stepped in and noted, “But Tony, we expect that kind of thing from a guy like Hoover. What’s your excuse?”

    So Where are the Kennedys?

    In a deeper sense, it is clear now that no one in the major media was or is “protecting the Kennedys.” The anti-Kennedy genre has now become self-sustaining. Summers used the Collier and Horowitz book for Goddess. He even uses Priscilla McMillan to connect JFK with Monroe! (p. 244) Will Liz Smith call him on this? Will Ben Bradlee? Far from “protecting the Kennedys” the establishment shields these writers from potentially devastating critiques. The reason being that the Kennedys were never part of that establishment. No one protected JFK in Dallas. No one protected RFK in Los Angeles. The ensuing investigations did everything they could to protect the true murderers; to hell with the victims. And since the Church Committee showed in public that the Kennedys were not business as usual, there has been an intense and incessant effort to reverse that verdict; in essence to rewrite history. People like Slatzer, Davis, and now Hersh have made their living off of it.

    The Kennedys themselves deserve part of the blame. In Samuels’ article in The New Yorker, Kennedy family lawyer Myer Feldman says that he advised the Kennedys not to even comment on Hersh, let alone sue (p. 69). If I were advising, I would have urged a lawsuit as far back as 1984 with both the Collier-Horowitz book and the Davis book. I would have loved to hear how the two former leftists had no idea that Priscilla Johnson was associated with the CIA, had tied up Marina Oswald for years, and then issued a tract on both Oswald and the assassination that James Angleton himself would have written. I would have also loved to hear Davis explain how he could have completely misrepresented the Church Committee report to his readers. I would also like to ask him how many people he thought would read the actual report versus how many would pick up the paperback version of his book (which features a blurb by Liz Smith). To me what these authors have done at least suggests the “reckless disregard” rubric of the libel statute.

    To be fair to the Kennedys, it is hard to castigate a family which has sustained so many tragedies. Andy Harland called up Steve Jones after reading his article in The Humanist (Probe Vol. 4 #3 p. 8). He was an acquaintance of Peter Lawford’s who talked to him a few times about the assassination. Jones’ notes from that phone call includes the following:

    Lawford told him that Jackie knew right away that shots came from the front as did Powers and O’Donnell. He said shortly after the funeral the family got together…. Bobby told the family that it was a high level military/CIA plot and that he felt powerless to do anything about it…. the family always felt that JFK’s refusal to commit to Vietnam was one of the reasons for the assassination….Lawford told him that the kids were all told the truth as they grew up but it was Teddy who insisted that the family put the thing to rest.

    Evidently, Teddy wanted to preserve his career in the political arena and knew that any airing of the case would jeopardize it. Which was probably true. Under those circumstances, the Kennedys can’t even protect themselves.

    This is understandable in human terms. But the compromise allows the likes of Reeves, de Toledano, and Hersh to take the field with confidence. The Kennedys are silent; they won’t sue; it must be true. As a corollary, this shows that the old adage about history being written by the victors stands. In this upside down milieu, all the Kennedys’ sworn enemies can talk to any cheapjack writer with a hefty advance and recycle another thrashing. Mobsters and those in their employ, CIA officers and their assets, rabid right-wingers et. al. Escorted by these writers, they now do their dances over the graves of the two men they hated most in life and can now revile in death. There is something Orwellian about this of course.

    The converse of this thesis is also true. The voices the Kennedys symbolized are now squelched. Collier and Horowitz are intent on never letting the ghost of the sixties reappear. The poor, the weak, minorities, and the left’s intelligentsia must not be unsheathed again. (As Todd Gitlin notes in his book The Sixties, on occasion, the Kennedy administration actually had SDS members in the White House to discuss foreign policy issues.) The image of JFK on national television giving hell to the steel companies; of Kennedy staking out his policy for detente at American University; of RFK grilling Sam Giancana and Jimmy Hoffa; of Bobby going through the personnel list at the State Department to be sure there was no Dulles still on the payroll; these images have to be erased. Most of all, the RFK of 1965-68, angry at the perversion of his brother’s policies, must be subverted. Who of the elite would want people to remember RFK saying these words:

    What the Alliance for Progress has come down to then is that [the native rulers] can close down newspapers, abolish Congress, fail religious opposition, and deport your political enemies, and you’ll get lots of help, but if you fool around with a U.S. oil company, we’ll cut you off without a penny. Is that right?

    It was no day at the beach answering that kind of question with Bobby staring a hole through you.

    By 1963, after the Bay of Pigs, the Missile Crisis and the cries for escalation in Vietnam, Kennedy was moving toward the Sorenson-Schlesinger side of the White House. By 1968, RFK was further to the left than that, being hooked up with labor leaders like Walter Reuther and Cesar Chavez. As Otis Chandler, a firm member of the establishment, said after Bobby’s death: “I guess there’s no one to stand up for the weak and the poor now.” That memory is now being replaced by those of RFK cavorting with Monroe on the beach; of JFK drinking martinis with Monroe’s buddy Giancana; and the Kennedys trying to take her life as they tried with Castro. In the Anson piece, Hersh talks about changing the way people think about the Kennedys. Talk about reversing the Church Committee. That was just the beginning. These people could teach Orwell something.

    What will the future bring? Will Exner, still dying of cancer, demand a DNA sample from John Kennedy Jr. to prove Jackie was really his mother? Will Summers file a lawsuit demanding the government turn over RFK’s private snuff film of Monroe’s murder? Will Hersh now say that he was duped on the Monroe docs but now he has the real McCoy: it was Jayne Mansfield all along. With Liz Smith as the moderator, satire is impossible in this field.

    But down deep, submerged but still present, there is a resistance to all this. The public knows something is wrong. Two years ago, CBS and the New York Times conducted a poll which asked the respondents: If you could pick a President, any President, which one would you choose to run the country today? The winner, in a landslide, was John F. Kennedy who doubled the tally of the second place finisher. In 1988, Rolling Stone surveyed the television generation, i.e. the below forty group, on their diverse opinions and attitudes. Their two most admired public leaders were Bobby Kennedy and Martin Luther King, dead twenty years before, when many of those polled were infants or not even born. This holds not just in America. In Pete Hammill’s 1995 book Piece Work, he relates an episode in his life when his car broke down in the Mexican countryside. He walked to a poor, “Third World” style hut which had no amenities except a phone. Before he left, he thanked the native Mexicans who lived there and took a look around the dilapidated, almost bare interior. The only decorations he saw were a plaster figurine of Che Guevara, and near it, a photo of John Kennedy.

    It’s that international Jungian consciousness, however bottled up, ambiguous, uncertain, that must be dislodged. In a sense, this near-maniacal effort, and all the money and effort involved in it, is a compliment that proves the opposite of the position being advanced. This kind of defamation effort is reserved only for the most dangerous foes of the status quo, e.g. a Huey Long or a Thomas Jefferson. In a weird sort of way, it almost makes one feel for the other side. It must be tough to be a security guard of the mind, trying to control any ghosts rising from the ashes. Which, of course, is why Hersh has to hide his real feelings about his subject. That’s the kind of threat the Kennedys posed to the elite: JFK was never in the CFR (Imperial Brain Trust p. 247); Bobby Kennedy hated the Rockefellers (Thy Will be Done pp. 538-542). For those sins, and encouraging others to follow them, they must suffer the fate of the Undead. And Marilyn Monroe must be thrown into that half-world with them. At the hands of Bob Loomis’ pal, that “liberal” crusader Sy Hersh. As Anson says, he must just want the money.

  • New Trial for James Earl Ray, or New Judge for Shelby County?


    On August 11th, Shelby County Criminal Court Judge Joe Brown stated that, due to the District Attorney’s reluctance, he may seek the appointment of a special prosecutor in the James Earl Ray case. In an order setting August 19th as the next hearing date, the judge wrote that the state seems opposed to discovering the “true facts” of the matter and because of this obstinacy, “The patience of this court has been very sorely tried.” Further, Judge Brown added, “The state appears singularly opposed to vigorously proceeding to ascertain the true facts of this case.” He characterized the prosecutors as being “further opposed to recognizing let alone protecting the interests of the family of the victim, the late Dr. Martin Luther King Jr.”

    There seems to be enough evidence to indicate that Brown is correct about the reluctance of the Memphis DA’s office to vigorously pursue Brown’s evidentiary proceeding to its fullest. Brown has been trying to refine the process of testing the alleged rifle that James Earl Ray had in Memphis and which was supposedly used to kill King there in 1968. The first round of tests came back inconclusive in July. There was a marking on 12 of the 18 bullets test fired which was not on the 1968 death slug. But this may have been caused by either a build up of residue in the barrel from the test fires or from a metal defect in the rifle barrel itself. Brown suggested cleaning the barrel to determine the origin of the marking.

    That state attorneys, led by John Campbell, objected to this procedure. Campbell argued that cleaning the rifle with brushes would alter the identifying markings left on any subsequent bullets fired. He then added: “All you’re going to do is increase the controversy in this case.” Ignoring that remark, Judge Brown also told attorneys to acquire the previously fired test bullets shot by the FBI in 1968 and the House Select Committee on Assassinations in 1978. On July 18th, prosecutors announced to the press that the FBI could not find the original 1968 test bullets. Lee Coffee, an assistant DA, said he had been told, “They have been able to locate copies of the lab notes only. They have not been able to find the bullets.” Later in the month, the Bureau said they had found the bullets. Campbell then told the Associated Press:

    To think that now, all of a sudden, we’re going to be able to do something with these bullets is really pushing it. As much as people may want this gun to tell them something, there’s just a limit to how much you can expect it to do.

    After Brown’s comments about a possible special prosecutor, Campbell again fired a shot at Brown: “This is going completely out of control. He basically wants to conduct his own Warren Commission [and] that’s going too far.”

    It seems that the powers that be in Memphis are siding with Campbell. Brown’s colleague on the bench, John Colton, has ordered the transcripts from an April administrative hearing delivered to his office. That hearing and a subsequent appeal decided that Brown’s court (Division 9) could hear Ray’s appeal even though Ray’s original plea in 1969 was in Colton’s court (Division 3). This is an issue that the DA’s office has also raised in the press.

    Campbell seems to have an ally in the local newspaper. The Memphis Commercial Appeal has tried to make an issue of who should be made to pay for the costs of the test firings done by Ray’s defense team. This issue made the top of the front page on July 18th. The next day, the Commercial Appeal ran an editorial which quoted the DA’s office and their witnesses calling the whole proceeding a waste of time. That editorial is typified by its opening statements: “More than one person may be milking the James Earl Ray case. Possible motives include these: publicity, money, and orneriness.” It ended with these comments: “What does Brown want? He may be a bigger mystery than the rifle.”

    There is little doubt that what Brown is doing is not business as usual in the King case. When prosecutors challenged his actions in court by saying he had stepped over the line from being a judge to becoming an advocate, Brown retorted: “We’re trying to get the facts. Dr. King is in his grave, a national hero, a world hero. And I’m … getting to the facts.” Brown was also forceful on getting the original 1968 round of test results:

    The federal government has impounded that evidence and sealed it for the next 50 years. The court thinks, among other things, that justice might be served if we were able to examine those bullets and the court feels the state of Tennessee has a claim on evidence that pertains to this case.

    Brown seems to have recognized that other investigative bodies, including Ray’s first lawyers, have not exactly been vigorous in their pursuit of truth in the case. As a judge, Brown has never been afraid to try new and innovative methods when others have been shown to be ineffective. In regard to alternative sentencing, Brown has said:

    What I do see is what’s been tried in the past has not worked. Otherwise, if it had of, the situation would not be as it is now. Something new needs to be tried.

    We agree. We also find it a bit perverse that because Brown is actually intent on pursuing a fair hearing for Ray, and genuinely trying to get to the bottom of whether or not Ray fired the fatal bullet that killed King, people are getting edgy and uncomfortable.

    In his August 11th announcement, Brown also seemed to be leaning toward another round of test firings. Brown suggested finding a way to clean the rifle without damaging the inside of the barrel. Brown signed an order that same day requiring the FBI to produce the bullets for the next hearing.

    These new developments have continued to give the King case a high profile in the media. Readers will recall that in our last issue (p. 29) we mentioned a creditable piece written by Jim Lesar for the June 8th Washington Post. In an interview with Probe, Lesar provided us some insight into how major papers like the Post handle high profile cases like this one. Lesar told us the piece finally printed was his third effort. His original, much stronger, piece questioned the original guilty pleas by Ray. It minutely examined the questionable methods and ethics used by his original lawyers — Percy Foreman and Arthur Hanes — and author William Bradford Huie in coercing him into pleading guilty, an action Ray now regrets. Lesar backed this up with evidence discovered in proceedings against Foreman when he was acting as Ray’s lawyer in the seventies. All of this was cut out of the piece as run because, the Post editors told Lesar, Ray was “presumed guilty.” By who? The Post?

    On the good side, Bob Scheer of the Los Angeles Times wrote a vigorous piece (7/15/97) questioning J. Edgar Hoover’s role in the death of King. But the real surprise was the New York Times. On July 6th, it ran an unsigned editorial titled “The Amnesty Option.” This was a response to the King family’s wish as expressed by Andrew Young on ABC’s Turning Point in June. The opening lines of the editorial read:

    Crimes that tear the soul of a nation should not be left examined or obscured by mystery. South Africa has shown the healing power of truth as it looks back at the crimes of apartheid … But it is also true that contemporary American society is still haunted by some unresolved questions that nag at the national conscience. Such questions, if left unresolved, promise to provide fodder for conspiracy theorists for decades to come. 

    The editorial then noted two traumatic incidents that “have proved especially fertile for conspiracists,” namely the JFK and MLK murders. Although the Times had reservations about the process, it did say, “we see enough merit in the idea to recommend a broader national discussion.” It then recommended that the Clinton administration consider the concept. We have heard no response yet from the White House.

    Significantly, the Times noted that the clock is running out on the window of opportunity: “The lifetime of unidentified witnesses and conspirators, if they exist, is fast running out.” To dramatize that thought, Frank Holloman, who was police and fire director in Memphis in 1968, died eleven days after the Times editorial appeared. Holloman would have been a prime witness either in a new trial for Ray or before a Truth Commission. Not only did he run those two important departments, but prior to that, he had been an FBI agent for 25 years. In seven of those years, he was in almost daily contact with Hoover as inspector in charge of the director’s office.

    It seems a bit late in the day for the New York Times to change its tune. In fact, for them, it’s almost midnight. If the major media would have poured its resources into any of the major assassinations of the sixties when they occurred, time would not be “fast running out.” One thing the Times and other media could do while waiting for Clinton’s answer is push for the declassification of all the files on the King case. This would greatly aid Ray’s attorney Bill Pepper if Brown is allowed to reopen that case. It would also decrease the anxiety of conspiracy theorists like us. It may even show that we actually share a lot of the concerns of people like John McCloy and Gerald Ford (see page 3).