Tag: FBI

  • William F. Pepper, The Plot to Kill King: The Truth Behind the Assassination of Martin Luther King Jr.


    The dust jacket for The Plot to Kill King quotes former United States Attorney General Ramsey Clark as stating that “No one has done more than Dr. William F. Pepper to keep alive the quest for truth concerning the violent death of Martin Luther King.” This is unassailably true. Dr. King’s murder has never received anything approaching the level of attention and scrutiny that has been afforded the assassination of President Kennedy but, for nearly three decades, Pepper has worked tirelessly to uncover the truth and bring it to the attention of the American public. As he chronicles in his latest book, Pepper was the last attorney for accused assassin James Earl Ray before his death, and tried every avenue available to him to gain his client the trial he had been denied in 1969 when the state of Tennessee and his own lawyer, Percy Foreman, broke Ray down and coerced him into entering a guilty plea.1 Pepper and his investigators spent many, many hours locating overlooked witnesses, uncovering leads, and assembling a case. Then in 1993 he took part in a televised mock trial that resulted in a “not guilty” verdict for Ray.2 After Ray died in 1998, and any and all possibility of a real criminal trial went with him, Pepper worked with the King family in filing a wrongful death lawsuit against Loyd Jowers and “other unknown co-conspirators” so that the information he had uncovered could still be put before a jury. After 14 days of testimony from over 70 witnesses, the jury found that Jowers and others, “including governmental agencies”, were responsible for the death of Martin Luther King.3

    William Pepper

    Yet Pepper is and always has been a controversial figure, even among those who share his disbelief in the official story. For example, Harold Weisberg – who worked as an investigator for Ray’s defense team in the early 1970s and wrote the classic MLK assassination book, Frame Up – referred derisively to Pepper as “a would-be Perry Mason” and described his work as “worse than worthless.”4 On the other hand, the late, great Philip Melanson once described Pepper’s research and investigation as “groundbreaking” when it came to “establishing the presence of Army Intelligence and Army Intelligence snipers” in Memphis on the day of the murder.5 Over the years, this reviewer has adopted something of an agnostic position when it comes to areas of Pepper’s work. Whilst there is undoubtedly great value in what he has uncovered and accomplished, it nonetheless remains true that there a number of legitimate reasons for doubting important elements of Pepper’s research.

    Loyd Jowers

    Take for example the man at the very centre of Pepper’s conspiracy narrative, Loyd Jowers. In 1968, Jowers was the proprietor of Jim’s Grill, a restaurant located underneath the rooming house from which the state alleges Ray fired the fatal shot. For many years the only thing Jowers had to say that was of any interest to investigators was that a white Ford Mustang had been parked directly in front of the grill on the afternoon of the assassination; corroborating Ray’s claim of where he had parked his car and helping establish the presence of two white Mustangs on Main Street. But in 1993, Jowers appeared on ABC’s Prime Time Live claiming that Memphis-based produce dealer and alleged Mafia figure, Frank Liberto, had contacted him shortly before the assassination and paid him $100,000 to hire someone to assassinate Dr. King. He was then visited by a man named Raul who handed him a “rifle in a box” and asked him to hold onto it until “we made arrangements, one or the other of us, for the killing.”6

    On the face of it, Jowers’ story seems plausible enough. There is no doubt that he was at the scene of the crime and in a position to assist in carrying out the assassination. Additionally, parts of his account were corroborated by two other witnesses: former Jim’s Grill waitress, Betty Spates, and local Memphis cab driver, Jim McCraw. Also, Jowers’ claim that Frank Liberto brought him into the plot recalls the statement of civil rights leader John McFerren that, sometime in the afternoon shortly before Dr. King was shot, he overheard Liberto telling someone on the telephone to “Shoot the son of a bitch when he comes on the balcony.”7 And yet Jowers was, by any definition, a most unreliable witness. By Pepper’s own admission there were numerous different versions of his story. In fact, he contradicted himself on virtually every important detail.

    Jim’s Grill

    He initially named black produce-truck unloader Frank Holt as the gunman he had hired but changed his mind after Holt was found alive and well and passed a polygraph test, denying any involvement.8 Jowers then hinted that deceased Memphis Police Lieutenant Earl Clark was the real gunman only to tell Dr. King’s son, Dexter, that he “couldn’t swear” that he was because “All I got was a glance of him.”9 To Dexter, Jowers said that the gunman handed him the still smoking rifle, yet at an earlier time he had claimed to have picked it up after it had been placed on the ground.10 Around this time he also changed his mind about ever having been asked to hire the gunman, saying instead that he had simply been told to be out in the bushes behind Jim’s Grill at 6:00 PM and that he didn’t even know Dr. King was going to be killed.11 In this scenario, Jowers merely held onto the $100,000 until it was collected by a co-conspirator.

    Perhaps even more troubling than these inconsistencies – of which there are more – is the fact that Jowers and his friend Willie Akins are known to have contacted Betty Spates in January 1994 saying that they were interested in doing a book or a movie and they needed her to change her story. If she would say that she saw a black man handing the rifle to Jowers immediately after the shooting, they could all make $300,000.12 And if that wasn’t bad enough, in an April 1997 tape-recorded conversation with Shelby County district attorney general’s office investigator, Mark Glankler, Jowers basically disavowed his confession by stating that Ray’s rifle was the real murder weapon and that “there was no second rifle.”13

    It may also be seen as significant that Jowers never did repeat his conspiracy allegations under oath. He was not actually present for the King v. Jowers civil trial, apparently owing to ill health. The only time he gave a legal deposition after his appearance on Prime Time Live was during the 1994 Ray v. Jowers lawsuit, at which time he reverted to his 1968 story and insisted that he was in the bar serving drinks when the shot was fired. Jowers had agreed that the transcript of his Prime Time Live appearance could be entered into evidence but, through his attorney Lewis Garrison, stipulated “that the questions were asked and Mr. Jowers gave these answers”.14 Thus he did not swear to the accuracy of his alleged confession, he merely agreed that he had given it.

    In The Plot to Kill King, Pepper attributes Jowers’ many contradictory assertions to his fear of being prosecuted and an understandable desire to minimize his own role when talking to members of the King family. Pepper also argues, in spite of Jowers’ attempt to encourage Spates to lie for her share of $300,000, that it is “arrant nonsense” to suggest that he fabricated his story “in anticipation of a book or movie deal.” In fact, he says, “Jowers lost everything. Even his wife left him. There was no book or movie deal, and he was, for the most part, telling the truth.”15 Yet none of these arguments preclude the possibility that Jowers’ confession was invented as part of a money-making scheme that backfired.


    That being said, it should be borne in mind that Jowers’ initial Prime Time story did not come completely out of the blue. Suspicion had already been cast on him by statements that Spates and McCraw had given to Pepper, after which Jowers’, through Garrison, had contacted the Shelby County district attorney general offering to tell everything he knew in exchange for immunity from prosecution. Needless to say his proffer went completely ignored without anyone even attempting to speak with him. Assistant district attorney general, John Campbell, would later attempt to justify this total lack of interest by stating that the story looked “bogus” and that if they had given Jowers immunity “it would imply we thought there was some validity to his story, and that would increase the value of what he could sell it for.”16 Precisely how they were able to deduce immediately and without even talking to Jowers that his story was “bogus” is anyone’s guess.

    In the end, it will be up to each individual researcher to decide which, if any, of Jowers’ varying accounts to believe. Whilst it is true that the jury in King v. Jowers did find him partly responsible for the assassination, it is also true that his assertions were not thoroughly tested at the trial because neither Pepper nor Garrison were looking to undermine Jowers’ credibility. Legendary attorney, author, and activist, Mark Lane, was critical of the trial for that very reason, telling this reviewer that in his opinion, “It was not a real trial … both sides offered the same position and I have reason to doubt that the position they offered was sound. The jury, having seen no evidence to the contrary, had no choice. In my view, the court system should not be utilized in that fashion.”17

    Mark Lane with James Earl Ray

    Lane’s assessment is, in my view, somewhat off the mark in that it suggests a type of collusion between Pepper and Garrison that was likely not the case. In truth, Garrison was in an extremely awkward position. He could not simply deny the existence of a conspiracy without calling his own client a liar, so his strategy was to attempt to minimize Jowers’ role and convince the jury that, as he stated in his closing argument, “Mr. Jowers played a very, very insignificant and minor role in this if he played anything at all. It was much bigger than Mr. Jowers, who owned a little greasy-spoon restaurant there and happened to be at the location he was.”18 In that regard, it worked to Garrison’s advantage to allow Pepper to put on a case for a wide-ranging conspiracy without offering a rigorous challenge. Nevertheless, the result of this strategy, as Lane suggested, was that the jury essentially heard one story from both sides and for that reason the verdict was far from surprising.

    By noting these circumstances, it is not meant in any way to suggest that the civil trial or the jury’s verdict were entirely without merit. On the contrary, as Pepper details in The Plot to Kill King, numerous witnesses gave significant and often startling testimony under oath – many for the first time – and put important evidence on the record. For example, a succession of witnesses provided evidence establishing the manner in which Dr. King was, seemingly intentionally, stripped of all reasonable security, and left entirely vulnerable to a sniper’s bullet. Of particular note is the testimony of Memphis Police Department homicide detective Captain Jerry Williams who had been in charge of organizing a unit of black officers that had previously provided protection for Dr. King on his visits to Memphis. Williams said that he was not asked to form his unit on Dr. King’s final, fatal visit, and was later falsely informed that Dr. King’s organization, the SCLC, had said Dr. King did not want protection.19 Additionally, as University of Massachusetts Professor Philip Melanson testified, MPD Inspector Sam Evans had ordered the emergency services’ TACT 10 unit removed from the vicinity of the Lorraine Motel, claiming this too was done at the request of someone in the SCLC. As Pepper writes, “When pressed as to who actually made the request, he said that it was Reverend [Samuel] Kyles. The fact that Kyles had nothing to do with the SCLC, and no authority to request any such thing, seemed to have eluded Evans.”20

    Not only had Dr. King been stripped of protection but a last-minute switching of his motel room had made the assassin’s job all the easier. Former New York City police detective Leon Cohen testified that Lorraine Motel manager Walter Bailey told him on the morning after the assassination that Dr. King had originally been allocated a more secure courtyard room. But on the evening before his arrival, Bailey had received a call from someone claiming to be from the SCLC’s Atlanta office requesting Dr. King be given a balcony room instead. Bailey said he was “adamantly” opposed to the change “because he had provided security by the inner court” but his caller had insisted the rooms be switched anyway.21 Needless to say, no genuine member of the SCLC is known to have made any such request.

    King on the Lorraine balcony

    As well as being shown how Dr. King was maneuvered into a vulnerable position, the Memphis jury also heard much evidence helping to establish James Earl Ray’s probable innocence. The state has always maintained that Ray holed himself up in a shared bathroom in the rooming house opposite the Lorraine and waited until Dr. King appeared on the balcony at approximately 6:00 pm. After supposedly firing the fatal shot, he is said to have rushed back to his rented room, put the rifle in its box, placed it amongst a bundle of his belongings, then ran down the stairs to the ground floor. Once outside, he allegedly dumped his bundle in the doorway of Canipe’s Amusement Company, climbed into a white Mustang parked just south of Canipe’s, and quickly sped away.

    Pepper provided evidence that successfully countered every step of this most likely false narrative. The notion that Ray had been lying in wait in the bathroom was contradicted by the sworn deposition of James McCraw, who had been in the rooming house only a few minutes before Dr. King was shot. McCraw said that he saw the bathroom door wide open and there was no one inside.22 Raising the possibility that the shot was actually fired from the thick shrubbery below the bathroom window, Pepper read into the record the sworn statement of SCLC member Reverend James Orange who said that he saw what he thought was gun smoke rising from the bushes immediately after he heard the shot.23

    Ray’s alleged flight down the rooming house stairs had, according to the state, been witnessed by Charles Stephens, who occupied the room between the bathroom and the room Ray had rented. But his ability to witness anything was called into question by taxi driver McCraw, who had been called to the rooming house specifically to pick Stephens up. McCraw said that he found Stephens lying on his bed, too drunk to even get up.24 McCraw’s account was corroborated by the testimony of MPD homicide detective Tommy Smith who entered the building shortly after the assassination and found Stephens still so intoxicated that he could hardly stand.25 Not mentioned at the trial was the fact that two weeks after the murder, Stephens had been shown a picture of Ray by CBS news correspondent Bill Stout and failed to recognize him. In fact, he said Ray was “definitely not” the man he claimed to have seen fleeing the rooming house.26

    Judge Joe Brown with
    the supposed murder weapon

    Criminal Court Judge Joe Brown, who had presided over Ray’s final appeal, took the stand to testify about a series of ballstics tests that he had ordered be performed on the Remington Gamemaster rifle found in the doorway of Canipe’s. The FBI had never been able to establish that particular rifle as the murder weapon – supposedly because the bullet removed from Dr. King’s body was too mutilated. Judge Brown, himself a ballistics expert, explained that 12 of the 18 bullets fired during his tests had contained a similar flaw – a bump on the surface – that was not present on the death slug. He also said that the rifle had never been sighted in and, as a result, had failed the FBI’s accuracy test. “ … based on the entirety of the record”, Brown said, “and the further ballistics tests I had run, it is my opinion this is not the murder weapon.”27 Brown’s opinion was re-enforced by the testimony of Judge Arthur Hanes, Jr., who, alongside his father, had been Ray’s defense attorney before Ray made the fatal mistake of hiring Percy Foreman. Judge Hanes told the court that Guy Warren Canipe had said to him in 1968 that the bundle containing the rifle had been dumped in the doorway of his store approximately 10 minutes before the assassination and he was prepared to testify to that effect.28

    Finally, Pepper showed, through the FBI statements of Ray Hendrix and William Reed, that James Earl Ray had most likely left the scene in his white Mustang shortly before the assassination, not immediately after. Ray always maintained that he parked his car directly in front of Jim’s Grill, not south of Canipe’s, and that he left the area sometime between 5:30 and 6:00 pm to try to get his spare tire fixed. The April 25, 1968, statements of Hendrix and Reed corroborated Ray’s account. The pair told the Bureau that they had left Jim’s Grill at approximately 5:30 pm and noticed a white Mustang parked directly outside. When Hendrix realised he had forgotten his jacket, he went back into the grill to retrieve it whilst Reed stood staring at the car. When Hendrix reappeared the two walked a couple of blocks north on South Main Street until they reached the corner of Main and Vance, at which point what appeared to be the very same Mustang, driven by a lone, dark-haired man, rounded the corner in front of them. This independent confirmation of Ray’s movements, essentially constituting an alibi, was hidden from the defence and the FBI kept the crucial documents from the public for decades.29 Finding these statements and having them entered into evidence, as they should have been in 1969, is one of the many things for which Pepper is to be applauded.

    Another is his effort to locate and identify the mysterious figure previously known only as “Raoul” or “Raul”. For those unfamiliar with the King case, Raul was the name of the man whom Ray always claimed had set him up for the assassination. Shortly after his escape from the Missouri State Penitentiary on April 23, 1967, Ray made his way to Montreal, Canada, hoping to obtain the travel documents he needed to flee the country. It was there in a place called the Neptune Bar that he said he met Raul, a dark-skinned man with a Spanish accent, who promised to provide the documents Ray needed if he agreed to smuggle some items across the border. For the next several months, Ray said, he received large sums of money – including $1,900 to buy the Ford Mustang – and followed Raul’s instructions. According to Ray, these instructions ultimately included purchasing the Remington Gamemaster rifle and renting a room at the flophouse opposite the Lorraine Motel.

    Jerry Ray before the HSCA

    Needless to say, the state and its defenders have always maintained that Raul did not exist. Yet as Pepper points out, this leaves them with the problem of accounting for the large sums of money Ray was known to have spent whilst having no other known source of income. Desperate to explain this away, the HSCA theorized that Ray and his brothers had robbed a bank in Alton, Illinois. “The problem with this ‘theory’”, Pepper writes, “is that I called the local sheriff and the bank president in Alton. I was advised that they knew James had nothing to do with the robbery. The real culprits were known but there was not enough evidence to charge them.”30 On Pepper’s advice, Ray’s brother Jerry surrendered himself to the Alton police in 1978, offering to waive the statute of limitations so that he could be charged. He was promptly informed that neither he nor his brothers had ever been suspects.31

    Because Ray was a largely incompetent crook, and because he was never the violent racist that the media falsely made him out to be, those who spent any length of time with him rarely doubted his claim that he had been set-up by someone. Quite simply, the idea of Ray as a lone nut assassin has never made any sense. As Arthur Hanes Sr. is said to have remarked, “Unless Ray is a complete damn fool I don’t see how he could have made the decision to kill King. Before King was killed, Ray was doing all right. He was free, able to support himself with smuggling and stealing. He was driving a good car all over Canada, the United States and Mexico. He was comfortable, eating well, finding girls, and nobody was looking for him. Why then would he jeopardize his freedom by killing a famous man and setting all the police in the world after him?”32 Indeed, one might ask why Ray, being on the run from prison and desiring little more than to leave the United States for a country with whom the US had no extradition treaty, would have even re-entered the country in the first place after having made it as far as the Montreal docks? It might well be said that Ray’s actions following his prison break only make sense if we accept that someone was manipulating him.

    Pepper believed Ray’s story and, soon after agreeing to represent him, set out to find Raul. Eventually Pepper’s investigators came into contact with a rather eccentric witness named Glenda Grabow who told them that in the 1970s she had been involved in gunrunning, among other illegal activities, with a man whose nickname was “Dago” and that he had confessed to her his involvement in the murder of Dr. King. Meanwhile Pepper, who heard a rumour that Raul was living in the northeast, had zeroed in on an individual named Raul Coelho, living in Upstate New York. Investigators John Billings and Ken Herman obtained a picture of this Raul taken in 1961 when he emigrated to the US from Portugal, placed it amongst a spread of six photographs, and showed them to Grabow. According to Herman, “she pointed out Raul with no hesitation. She was sitting at the kitchen table in my house and zeroed right in on the guy.” The spread was then shown to Glenda’s younger brother, Royce Wilburn, who also knew “Dago” and he too identified the picture of the New York Raul.33

    Billings then took the obvious next step and showed the spread of photographs to Ray in his cell at Riverbend Prison in Nashville, Tennessee. As Billings later testified, “I told him we had a picture of Raul. And he seemed somewhat surprised. And I asked him if he would choose to attempt to pick out Raul in a photo spread … So we put this before him, and James put on his glasses and very – for a minute or two studied these pictures very carefully.” He then dropped his finger down on the picture of the New York Raul and said “that’s Raul.” Asked if he was positive Ray said, “Yes, I am.”34

    The pictures were also shown to British merchant seaman Sid Carthew who had come forward after watching a video tape of the televised mock trial saying that he too had met a man named Raul in the Neptune Bar, Montreal, in 1967. Over the course of two evenings, Raul had offered to sell him some Browning 9mm handguns. “He said to me, how many would you want, and I said four … and he said, four, what do you – four, what do you mean by four. I said four guns. He wanted to sell me four boxes of guns … once he knew that I would have only take – took four, he was very annoyed … it wouldn’t be worth his while to deal in such a small number, and that was the end of the conversation, and he went back to the bar.”35 Carthew selected the same photograph from the spread as Grabow, Royce, and Ray had before him. And according to Pepper, so too did Loyd Jowers.36


    In its response to the King v. Jowers trial and verdict, the Department of Justice insisted that the New York Raul had had nothing to do with the assassination and dismissed these photographic identifications as “suspect”. It said that the photo array was “deficient and unfairly suggestive” because the Raul photograph is the only one of the six to have “extremely high black and white contrast and no intermediate gray tones” and thus “stands out markedly from the others.”37 Essentially the DOJ suggested that the contrast of that particular photo causes it to draw the eye and that was why Pepper’s witnesses picked it out. This reviewer recently decided to put that notion to the test by sharing the photo array on a social media site, asking if anyone could pick out a man named “Raoul” (Ray’s original spelling) who “has allegedly been involved in drug smuggling, gun dealing, and murder.” I also hinted at a connection to the assassination of Dr. King. Of the 14 respondents, not a single one picked out the picture of the New York Raul. While this was hardly a perfect experiment, the result nonetheless stood in stark contrast to the DOJ’s suggestion that the picture of Raul Coelho was more likely to be picked over the others because of its high contrast.

    Ironically, one of the most frequently cited reasons for doubting the DOJ’s assurances and believing that the man Pepper found may well have been the real Raul is the manner in which he was assisted and protected by the US Government. As Pepper discovered after he made Raul a party defendant in the Ray v. Jowers lawsuit, despite supposedly being nothing more than a retired auto plant worker of modest means, Raul was being represented by two large, prestigious law firms. And when Portuguese journalist Barbara Reis tried to interview him, a member of Raul’s family told her that agents of the US government “are looking over us”, had visited them on at least three occasions and were monitoring their telephone calls.38 As Pepper observed, “Imagine that degree of care and consideration by the government for just a little old retired autoworker.”39

    Most of the above, actually most of what is in The Plot to Kill King, will be familiar ground for those who have read Pepper’s first two books, Orders to Kill and Act of State. In fact, the first two thirds of the new book are little more than a retread of the previous two with entire passages actually being lifted word-for-word from Act of State. The final third of the book, which details Pepper’s “continuing investigation”, unfortunately does not do much to elevate matters or add to our understanding. The new information presented therein is, in this reviewer’s estimation, of very dubious reliability.

    Pepper makes the absolutely startling claim that, although Dr. King’s gunshot wound would have been fatal anyway, he was intentionally finished off by the emergency room doctors who were supposed to be saving his life. He writes of a story that was related to him by a blind Memphis resident named Johnton Shelby, who claims that his mother, Lula Mae, was a surgical aide at St. Joseph’s Hospital and took part in Dr. King’s emergency treatment. According to Shelby, the morning after the assassination his mother gathered the family together to tell them that the emergency room doctors had been ordered by the head of surgery and a couple of “men in suits” to “Stop working on that nigger and let him die.” They were all then ordered to leave the room immediately. Shelby said that as his mother was leaving, she heard the men sucking saliva into their mouths and spitting so she glanced over her shoulder. She then saw that Dr. King’s breathing tube had been removed and a pillow was being placed over his face so as to suffocate him.40

    An extraordinary story like Shelby’s requires extraordinary proof. Yet Pepper seems to swallow the whole thing hook, line, and sinker despite the fact that, by his own admission, he spoke with numerous medical personnel who were known to have been in the emergency room and found absolutely no corroboration for it whatsoever. Shelby named a few people with whom his mother supposedly shared her experience but, needless to say, they were all conveniently dead in 2013 when he first came forward. More importantly, in accepting Shelby’s story, Pepper has to ignore the fact that it is directly contradicted by testimony that he himself put before the jury in King v. Jowers.

    At the civil trial Pepper put John Billings on the stand to testify not only about his time investigating Glenda Grabow and Raul Coelho but also about his activities on the day of the assassination. In April 1968, Billings was a junior at Memphis State University and was working as a surgical aide at St. Joseph’s. He walked into Emergency Room 1 just as Dr. King’s treatment was beginning and stood and watched as several doctors were “feverishly working … for 30, 45 minutes or so.” One of the doctors eventually walked up to Billings and told him to “go get someone in charge.” He walked out of the room and found “one or two gentleman wearing suits” who “seemed to be more or less telling everyone what to do.” He led them back into the emergency room “and the doctors informed them of something to the effect of Dr. King is – Dr. King is terminated. We have done everything that we can. We feel there’s nothing left that we can do.”41 Nowhere in Billings’ first hand account was there any reference to emergency room staff being ordered to stop working on Dr. King and leave the room. He specifically recalled that the doctors themselves made the decision to stop when they felt they had done everything they could.

    At one point Pepper hints at the idea that the “connections, associations, and personal success” linked to a career practising medicine in Memphis might explain why the numerous doctors who treated Dr. King did not recall the supposed intervention. But he cannot apply any such argument to Billings who did not follow a career in medicine and worked hard as one of Pepper’s investigators to uncover details of the conspiracy to kill Dr. King. It is readily apparent that Billings had absolutely no reason to withhold any details surrounding Dr. King’s emergency treatment. Which is probably why Pepper avoids mentioning his testimony on the issue altogether.

    Pepper also buys into a very elaborate yarn spun by one Ronnie Lee Adkins a.k.a. Ron Tyler. Ronnie’s father, Russell, worked for the city of Memphis for 20 years in the “Engineering Division”. Despite his modest means he was, according to Ronnie, both a 32nd Degree Mason and a Klansman who attended “meetings” that involved everyone from Mayor Henry Loeb and Memphis police and fire department director Frank Holloman to Frank Liberto, Carlos Marcello, and J. Edgar Hoover’s deputy in the FBI, Clyde Tolson. Russell was known as a “fixer” and, through Tolson, Hoover would give him money to perform various deeds including “local-area killings.” On one particular occasion in 1967, Tolson gave him money that was to be paid to the warden of Missouri State Prison to arrange for the escape of James Earl Ray. Of course, as any reasonable person would expect, Russell saw no need to shield his young son from his nefarious deeds, so little Ronnie not only got to see the money being handed to his father, he even got to go along to Missouri to see it passed on to the warden. Or so he says.

    According to Ronnie, in 1964 his father went on a trip to Southampton, England, with Tolson. When he returned he called a meeting with his eldest son Russell Junior and others to tell them that “The coon has got to go.” From then on “prayer meetings” were held at the Berclair Baptist Church, among other places, which eventually came to focus on how to get the garbage workers “pissed off” as a means of drawing Dr. King to Memphis. Allegedly “the word come down from Hoover” that the assassination was to occur in Memphis so that “daddy and them could handle it.” If the reader is dubious that planning for the assassination would have begun four years before it occurred, they will be even less impressed by the claim that way back in 1956 Tolson had handed Russell a “Personal Prayer List” of his and Hoover’s featuring the names JFK, RFK and MLK. That’s right, Ronnie claims that nearly five years before the Kennedys made it to the White House, and at a time when Dr. King’s activism was just beginning, Hoover had already put their names together on a list and handed it to his Memphis “fixer” for no apparent reason.

    When Russell died in 1967, Junior allegedly took over in planning the assassination alongside Holloman. Someone in their camp then supposedly engineered the deaths of Echol Cole and Robert Walker. For those who are unfamiliar with those names, Cole and Walker were two black sanitation workers who, on February 1, 1968, were tragically crushed to death in the back of a garbage truck where they were trying to hide from the rain. It was this tragic accident, and the paltry assistance the city gave to the families of the victims, that prompted Dr. King to travel to Memphis and join a city-wide march in support of the striking sanitation workers. But in Ronnie’s world, this was no accident, “Somebody pulled the hammer, pulled the lever on the truck and mashed them up in there.”

    After Dr. King booked into the Lorraine Motel, Ronnie says, Jesse Jackson – who had supposedly been paid by Russell to keep tabs on Dr King – was instructed to have his room changed to the balcony room 306. Jackson then “went down there and talked to the man and, or his wife Lurlee … and had him move Martin and Ralph up to 306.” The Reverend Billy Kyles, another alleged informant, was given the job of getting Dr. King to come out of his room and onto the balcony at precisely 6:00 pm.

    On the day of the assassination, Ronnie claims, he carried the murder weapon into town on the back of his motorbike wrapped in a bedspread and handed it to Junior and Loyd Jowers in the parking lot next to Jim’s Grill. When 6:00 pm came and Dr. King appeared on the balcony, Junior fired the shot then handed the rifle to Earl Clark who, in turn, handed it to Jowers. Junior then ran through the vacant lot between the rooming house and the fire station, climbed into the white Mustang parked outside the grill and drove away.42

    The above is but a brief synopsis of Ronnie Lee Adkins’ story. There are many more details for which there is not enough space in this short essay. Nonetheless, from what I have included I believe it is clear that calling Adkins’ story hard to believe would be a vast understatement. In fact it is, in this reviewer’s opinion, so utterly lacking in credibility that it hardly seems worth wasting time on a detailed deconstruction. Not only is there no corroboration for any of it, numerous details are in direct conflict with information Pepper has previously presented. For example, Adkins has Jesse Jackson visiting the Lorraine personally to have Dr. King’s room changed. Yet, as noted earlier, Walter Bailey told Leon Cohen that he received the instruction not in person but over the phone from someone who identified himself as a member of the SCLC’s Atlanta office. Adkins has Ray leaving the scene in the white Mustang parked south of Canipe’s and his brother fleeing in the one parked outside the grill when numerous statements establish that it would have had to have been the other way around. And he has Jowers attending some of the so-called “prayer meetings” and receiving the rifle in a parking lot despite nothing like this appearing in any of Jowers’ own accounts.

    In Adkins’ narrative there is no mention of or accounting for Raul and he names some extremely unlikely individuals as part of the plot. He even has MPD officer Tommy Smith – who, you might recall, testified on behalf of the King family that Charlie Stephens was too drunk to identify Ray – waiting in his car on Main Street and then dropping the bundle of evidence in the doorway of Canipe’s. Pepper himself is forced to admit how impossible this is given that “the bundle contained various bits and pieces, including the throw-down gun, which James had left on the bed in his rented room in the rooming house.”43


    There are also logical problems aplenty with Adkins’ story. Like why on Earth would Hoover have had the names JFK, RFK and MLK put on a list and handed to Russell Adkins in 1956? Was anyone even referring to them by their initials back then? Once Dr. King’s assassination was decided, why did it take four years for so many presumably intelligent people to formulate a plan? How did they come to decide that “pissing off” the sanitation workers was the best way of getting Dr. King into Memphis? Why was it necessary for 16-year-old Ronnie to carry the rifle to the scene on the back of his motorbike? Who thought that was a good idea? What if he had been stopped by police officers not in on the plot? Why did Junior not just take the rifle with him in the first place? And what exactly was Earl Clark doing in the bushes if he wasn’t the shooter? Would it have been so difficult for Junior to have handed the rifle to Jowers himself? It should be noted that there is no support anywhere in the record for the notion that there were three people hiding in the shrubbery.

    At the end of the day, even without these logical and factual inconsistencies, Adkins’ fantastical story is based on nothing more than the uncorroborated word of a man who, by his own account, had to quit school without graduating after he took a pistol into the lunchroom and fired off several shots.44 Accepting this man’s word without verification is, as far as this reviewer is concerned, completely unthinkable.

    It is not to Pepper’s credit that he endorses the likes of Shelby and Adkins and I believe that his critics will rightly have a field day with their stories. State apologists like Gerald Posner have delighted in quoting Pepper’s former investigator Ken Herman as stating that “Pepper is the most gullible person I have ever met in my life” and the new information he presents in The Plot to Kill King is doing very little to prove this remark wrong. Unfortunately, he compounds the problem by picking and choosing what he wishes to believe of these troublesome new tales. He rejects one of the central facets of Adkins’ account – that his brother Junior fired the shot – and asserts instead that the real gunman was a former MPD officer named Frank Strausser. Yet his strongest evidence in support of this belief is that Strausser is alleged to have accidentally admitted his involvement to Nathan Whitlock.45 This is the very same Nathan Whitlock who has long claimed that Frank Liberto admitted his own involvement in the assassination to him. Which just leaves this reviewer wondering what exactly it is about Mr. Whitlock that compels people to confess their part in this crime in his presence.

    Ultimately, I cannot say that The Plot to Kill King is a book I would recommend. As noted above, most of the book is a recapitulation of Pepper’s first two. Unfortunately, it is not as well written as either of his earlier works and is poorly edited to boot. There are numerous typographical errors – with Loyd Jowers and Marina Oswald being among those whose names are misspelled – as well as unnecessary repetition of information and witness statements being referred to before they’ve even been introduced. If the new information Pepper presented had been more reliable then it may have redeemed matters but unfortunately that was not to be. Pepper’s second book, Act of State, was a much more worthy addition to the literature. It was better written, better organized, and featured worthwhile rebuttals to both Posner and the Department of Justice. Readers are advised to track down a copy of that book instead.


    References

    1. See here for details: http://mlkmurder.blogspot.co.uk/2013/08/why-did-james-earl-ray-plead-guilty.html

    2. See Pepper, Orders to Kill, Chapters 24-25.

    3. The 13th Juror: The Official Transcript of the Martin Luther King Assassination Conspiracy Trial, p. 752.

    4. http://jfk.hood.edu/Collection/Weisberg%20Subject%20Index%20Files/P%20Disk/Pepper%20William%20F%20Dr/Item%2002.pdf

    5. Who Killed Martin Luther King?, History Channel documentary, 2004.

    6. The 13th Juror, p. 458.

    7. Pepper, The Plot to Kill King, p. 82

    8. Ibid, pgs. 90-93.

    9. The 13th Juror, pgs. 177-178.

    10. Pepper, Act of State, p. 41.

    11. The 13th Juror, p. 178.

    12. Orders to Kill, p. 336.

    13. United States Department of Justice Investigation of Recent Allegations Regarding the Assassination of Dr. Martin Luther King, Jr., June 2000, Part IV, Section C.1.b. https://www.justice.gov/crt/iv-jowers-allegations#analysis

    14. Orders to Kill, p. 383.

    15. The Plot to Kill King, p. 154.

    16. Gerald Posner, Killing the Dream, p. 291.

    17. http://educationforum.ipbhost.com/index.php?showtopic=15699&p=250020

    18. The 13th Juror, p. 739.

    19. The Plot to Kill King, p. 171.

    20. Ibid.

    21. Ibid.

    22. Ibid. p. 298.

    23. Ibid. p. 175.

    24. Ibid. p. 298.

    25. Ibid. p. 174.

    26. Orders to Kill, p. 97.

    27. The Plot to Kill King, p. 177.

    28. Ibid. p. 178.

    29. Ibid. p. 184.

    30. Ibid. p. 198.

    31. The 13th Juror, p. 343.

    32. William Bradford Huie, He Slew the Dreamer, p. 177. I say “said to have remarked” because Huie, who attributed those remarks to Hanes, is a self-admitted fabricator. Therefore nothing he wrote should be taken as absolute fact without independent corroboration.

    33. Posner, p. 296.

    34. The 13th Juror, p. 257.

    35. Ibid. pp. 270-277.

    36. Act of State, p. 222.

    37. Justice Dept. Report, Part VI, Section C.3.b.

    38. The 13th Juror, p. 295.

    39. Act of State, p. 204.

    40. The Plot to Kill King, p. 261.

    41. The 13th Juror, p. 249-250.

    42. The Plot to Kill King, p. 238-258.

    43. Ibid. p. 256.

    44. Ibid. p. 239.

    45. Ibid. p. 235.

  • The Pistol


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    The Evidence IS the Conspiracy, Table of Contents


  • The Backyard Photographs


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    The Evidence IS the Conspiracy, Table of Contents


  • A new look at the enigma of the Backyard Photographs, Part 5

    A new look at the enigma of the Backyard Photographs, Part 5


    Part 5:  Michael Paine and the Backyard Photos

    Ruth and Michael Paine responded exactly the same way when news broke that shots were believed to have originated from the Texas School Book Depository: they both immediately assumed that Oswald was involved. During a phone call placed at one pm November 22, 1963, Michael Paine calling from his office at Bell Helicopter to Ruth at home in Irving, this assumption receives a qualification: “the male voice was heard to comment that he felt sure LEE HARVEY OSWALD had killed the President, but did not feel OSWALD was responsible, and further stated, “We both know who is responsible.”1 Whoever it is Michael Paine believed “responsible” for the assassination it has remained closely held, as neither he or Ruth Paine have faced official scrutiny since 1968.

    Michael Paine intersects with the backyard photo story at least six ways, surprising since the official story portrays him as akin to a bystander, simply caught up in events. Michael Paine was one of a handful of known visitors to 214 West Neely Street. The Imperial Reflex camera said to have taken the backyard photos was apparently stored at his house in the autumn of 1963. He saw a backyard photo at the Dallas Police station the night of the assassination. The backyard photos known as 133-A and 133-B were discovered at his house the following day. He was involved in the delivery of a box of records, from which the de Mohrenschildt backyard photo would be later discovered. Michael Paine, with his wife Ruth, had dinner with the de Mohrenschildts soon after the photo was discovered in 1967. Years later, around the time of Oliver Stone’s JFK, Paine began claiming that Oswald actually showed him a backyard photo when he first visited the West Neely Street apartment in April 1963.

    April 1963: Michael Paine Visits 214 West Neely

    Mr LIEBELER: Did you ever make the acquaintance of Lee Harvey Oswald?

    Mr PAINE: Yes.

    Mr LIEBELER: Would you tell us briefly the circumstances under which that occurred?

    Mr PAINE: My wife invited Lee and his wife over to supper one evening.

    Michael Paine arrived by automobile at 214 West Neely Street around 6 PM in the late afternoon of April 2, 1963.2 He was there by arrangement, to pick up Lee and Marina Oswald and their young daughter, and transport them to the Paine’s home in Irving for a dinner engagement. At the time, Lee Oswald had begun his final week of employment at Jaggars-Chiles-Stovall, having previously received his notice. Allegedly, the backyard photos had been exposed two days before. Paine was brought upstairs to the Oswald’s modest second-floor apartment. According to him, “Marina took about half an hour to pack all the things for Junie. Meanwhile, I was talking to Lee at their house there.”3

    The subsequent thirty minute delay, or conversation, or briefing, is portrayed as a chance event allowed by the circumstance of Marina’s packing bags for the trip to Irving. The two men started up a conversation based on Oswald’s experiences in the Soviet Union. Michael Paine: “I asked him what he was doing, his job … I asked him about Russia … I wanted to know why he had gone to Russia and why he had then come back … I asked him how was it they so readily accepted (him) … he spoke more with disfavour of the Soviet Union … I wasn’t sure whether he was speaking derogatively in order to win my good graces or thinking he would win my friendship that way … I was asking him questions, taking his answers.” (WCH II, pp. 393-398)

    Michael Paine’s account of the conversation held during the half-hour delay at the Neely Street apartment fills ten transcript pages in the Commission Hearings (WCH II pp 393-402). As he concludes this detailed account, largely concerned with Oswald’s experiences in Russia, he tells the Commission: “What you have heard now occurred mostly in the first half hour when I was speaking directly to him when I met him … in all the subsequent conversations, you are going to get less information in what he said.” (WCH II, p. 398) Paine would maintain he and Oswald had a total of four conversations in the spring and autumn of 1963.

    General Walker ’s name came up later during the April 2 visit, apparently during or subsequent to the dinner at the Paine home in Irving.4 Paine: “I was still trying to find common ground with him, and I think we probably spoke critically of the far right. It seems to me we may have mentioned Walker … My memory is very foggy … a friend of ours … just achieved her citizenship papers … and General Walker had been invited to lead the singing [sic] … she was rather sorry that Walker should take it upon himself to define … what this country stands for. So I think I mentioned this episode to him … and I think (Oswald) smiled and nodded his assent … I don’t think he made any important remarks about Walker … that is the only time, probably the only time we mentioned Walker.” (WCH II, p. 402)5

    Michael Paine drove Lee, Marina and daughter June back to Neely Street to conclude the evening. He claimed he did not see Lee Oswald again until October. Paine would provide material support for Ruth Paine’s efforts in housing Marina Oswald, and transporting her to and from New Orleans, ostensibly as a means to brush up her Russian language skills. The Imperial Reflex camera which took the backyard photos was probably transported to New Orleans in May, in Ruth Paine’s station wagon, included with the Oswald belongings or on her own initiative.

    The New Orleans photo set, taken by that camera, features eleven photos, which could be said to represent a single twelve exposure roll of film. The eleven photos consist of similar versions of effectively four separate poses or views, suggesting the photographer was intent on shooting out the roll of film on this occasion. The Oswald and Paine families enjoyed a New Orleans tourist day on Sunday May 12, but no photos were taken on that occasion. If Ruth Paine was responsible for the New Orleans set, then the likeliest date was Monday May 13, when Oswald was at work. It is possible that Ruth Paine did not reveal to Lee that the hard-to-forget Imperial Reflex camera was in her possession, or else it was uncovered as the Oswald possessions were moved into the Magazine Street apartment. It is possible the roll of film was already in the camera. Ruth Paine may have returned to Irving with this camera, as there are no other personal photographs in the Oswald record dated after May 1963.6

      The eleven New Orleans photos feature four groups of similar views.  

    October 1963: Oswald, Michael Paine and the ACLU

    November 10, 1963, the Sunday of a long weekend, the last weekend he would in fact spend with his family, and Lee Oswald, according to Ruth Paine’s timeline, “spent the entire day … watching television.”7 Michael Paine remembered this occasion before the Warren Commission: “ I think that weekend I remember stepping over him as he sat in front of the TV … thinking to myself for a person who has a business to do he certainly can waste the time. By business I mean some kind of activity and keeping track of right-wing causes and left-wing causes or something. I supposed that he spent his time as I would be inclined to spend more of my time if I had it, trying to sense the pulse of various groups in the Dallas area.” (WCH II, p. 412)

    Oswald, September 1963

    The inquiries of Commission counsel Wesley Liebeler switched at this point to topics related to the informal driving lessons Lee was receiving from Ruth Paine, leaving aside the curious aspects to Michael Paine’s observation: Oswald had a “business to do”, he had “activity … keeping track of right wing causes and left-wing causes”, an inclination shared by Michael Paine, “trying to sense the pulse of various groups in the Dallas area.” Was this a hobby for both or either men? Was this activity more exactly described as a “business to do”? If it was a business, monitoring political activity, which Paine was inclined to do more of but had time constraints, might his annoyance with Oswald be generated from having sub-contracted, so to speak, some of this “keeping track” to Oswald? Paine was questioned by the FBI in June 1964 over a report he had talked about Cuba and Oswald with students of Southern Methodist University at Luby’s Cafeteria in April or May 1963. Paine said he was in the habit of eating lunch on Sundays at Luby’s, and would engage in “intellectual conversations or debates concerning world affairs with various SMU students … he did not specifically recall discussing (Oswald) with any of these SMU students … although he could very well have since at this time he was acquainted with OSWALD and OSWALD’s background. (CD 1245, p. 196)

    On October 2, 1963, Oswald had resurfaced in Dallas, after seeing off Marina, June and Ruth Paine in New Orleans on September 23.8 Oswald stayed at the YMCA for two nights, and then spent the weekend of October 4-6 at the Paine home in Irving. The following week, Oswald rented a room at Mary Bledsoe’s Oak Cliff rooming house, while he searched in Dallas for a new job. Bledsoe would later tell the FBI that Oswald told her at least twice “he was attempting to obtain work at Texas Instruments and Collins Radio.”9

    On Sunday night October 13, although Ruth Paine’s timeline says “OSWALD was at the PAINE home all during this day and night,” (CE 2124) Oswald, or someone identical to him, was seen sitting at the back of the room at a meeting sponsored by the Student Directorate of Cuba (DRE) (CD 205, p. 646). “This individual spoke to no one but merely listened and then left.” General Walker was also in attendance at this meeting. How Oswald knew of, or traveled to this meeting and then back to Irving, is not known.

    Ruth Paine took Oswald into Dallas the following morning, and Oswald moved from Bledsoe’s to a rooming house at 1026 North Beckley. Two days later, Oswald began work at the Texas School Book Depository. Two days after that, Lee Oswald turned 24 years old. On Sunday night, October 20, Marina went into labour and daughter Rachel was born. This began a busy week for Oswald.

    On Wednesday October 23, Oswald attended a “United States Day” right-wing political rally featuring General Walker, a response to the Adlai Stevenson United Nations Day event scheduled for the following evening. That next night, as Stevenson spoke in Dallas, the event suffered a vigorous protest by right-wing demonstrators organized in part by Larrie Schmidt. Stevenson would be struck by a placard. Michael Paine would express to the Warren Commission his understanding that Oswald was in attendance at this protest. Paine, for his part, attended a John Birch Society meeting on this same night.10 He would explain: “I have been to a number of rightist meetings and seminars in Texas.” (WCH II, p 389) Michael Paine would say of Oswald: “ I gathered he was doing more or less the same thing … I didn’t inquire how he spent his free time but I supposed he was going around to right wing groups … familiarizing himself for whatever his purposes were as I was.” (WCH II, p. 403)

    Ruth Paine’s timeline features the following entry for October 25, 1963: “LEE OSWALD came out after work with WESLEY FRAZIER and saw his wife and baby for the first time after they had left the hospital.” Oswald soon left with Michael Paine, to attend a Dallas meeting of the American Civil Liberties Union. Paine: “I took him in my car, he and I alone, and on the way, which takes about 35 minutes, described the ACLU to him, and he didn’t know about it, and described its purpose.” (WCH II, p. 407)11 During the meeting, Oswald stood and challenged an opinion from the moderators regarding the religious tolerance of the right-wing. Paine: “Lee at this point got up, speaking loud and clear and coherently … reporting that he had been to this meeting of the right-wing group … two nights before and he refuted this statement, saying names and saying how that people on the platform speaking for the Birch Society had said anti-Semitic things and also anti-Catholic statements … ” (WCH II, p. 408) Oddly, Michael Paine uses a generality (Oswald “saying names”), instead of reporting that Oswald referred specifically to General Walker, as Paine’s co-worker Frank Krystinik, also invited to this meeting, observed.12

    As the meeting broke to informal discussion, Krystinik, who had been informed earlier that Oswald was a Marxist, engaged in a debate on economics with Oswald and another older man. Michael Paine: “in this … argument that he had with Frank and a third person, on the way home he asked me if I knew that third person and whether I thought he was a Communist, Lee thought the third person was a Communist, and he gave me some reason … a receptivity to some words spoken about Castro. And I thought that was such a feeble reason … he must be out of it if that is the way he has to find his fellow travellers.” (WCH IX, p. 456)

    Shortly thereafter, Oswald wrote to Communist Party USA newspaper The Worker, a letter postmarked November 1: “Through a friend, I have been introduced into the American Civil Liberties Union Local chapter, which holds monthly meeting on the campus of Southern Methodist University. The first meeting I attened (sic) was on October 25th, a film was shown and afterward a very critical discussion of the ultra-right in Dallas … Could you advise me as to the general view we have on the American Civil Liberties Union? And to what degree, if any, I should attempt to highten (sic) its progressive tendencies? … some of those present showed marked class-awareness and insight.” (Johnson Exhibit 7)

    On the same day, previous to mailing this letter, Oswald rented a new Dallas post office box and listed both the Fair Play For Cuba Committee and the American Civil Liberties Union on the postal form (Holmes Exhibit 1).13 Oswald mails a membership application to the ACLU that same day. He includes two dollars in cash for the membership fee and lists his occupation as “photographer”. He adds a handwritten letter which requests notification on how to contact “ACLU Groups in my area,” even as he already knows they hold monthly meetings at SMU. (CE 783) Michael Paine had been an ACLU member for some years, and Ruth Paine was the local treasurer.

    Following the assassination, the ACLU had to react defensively after Dallas Bar Association president H. Louis Nichols met with Oswald on Saturday afternoon November 23, then appeared on television to reveal Oswald was an ACLU member and requested an ACLU lawyer if John Abt was not available. By Wednesday November 27, a reporter from the Dallas Times Herald had been informed of the Oswald postal form listing the ACLU along with Fair Play for Cuba Committee as the assassin’s specified organizations. By that afternoon, the ACLU executive were anticipating “danger in the future, as a result of the tragedy of last Friday, that civil liberties will be under increased stress.” (CD 205, pp. 704-708)

    November 22, 1963: Michael Paine Is Shown A Backyard Photo By the Dallas Police

    According to Michael Paine, he was asked at the Dallas Police station Friday night November 22, 1963, if he could “identify the place where Lee was standing when he was holding this rifle … I identified the place by the fine clapboard structure of the house … the house has an unusually small clapboard.“ This, taken at face value, reveals an alert observational skill set and excellent memory retention as, according to Paine, he had only visited 214 West Neely Street once, almost eight months previous.14

    Paine’s excellent retention skills are particularly admirable given the “fine clapboard structure” of the Neely Street house, as seen in the backyard photos, is visible but hardly dominates the frame the way the staircase and its support beams do. The clapboard can be seen behind and below the staircase on the left side of the frame. If the photo viewed by Michael Paine on Friday night was 133-C, it is the individual backyard photo showing the least detail of the clapboard structure. If 133-C was possessed by the Dallas police in the format of a “drugstore print”, then still less detail would be visible as the photo would be cropped on its horizontal edges, as well as appearing in its small 3”x3” size.

    Considering that the backyard photos, according to the official story, would not be discovered until the following afternoon, it is interesting that it is Warren Commission counsel Wesley Liebeler who brings the subject up during Paine’s testimony. Liebeler, at that time, is seeking to establish some other point, related to the rifle, and does not seem to realize that Paine is describing being shown something which officially had not yet been found. (WCH IX, p. 444)

    Michael Paine and the de Mohrenschildt Backyard Photo

    Everett Glover was separated from his wife at the start of 1963, and had arranged to share his house with two fellow employees at Magnolia Oil, Richard Pierce and Volkmar Schmidt. Everett Glover was a friend of George de Mohrenschildt, and also with Michael and Ruth Paine. Michael Paine: “We met the Glovers at madrigal singing, we liked to sing madrigals and he was part of the group … he showed up once or twice at a single adult party dance of the Unitarian Church.” (WCH IX, pp. 451-452)

    Folk dancers and madrigal singers: a hotbed of intrigue?

    In February, Glover, along with Volkmar Schmidt and others, met Lee and Marina Oswald at George de Mohrenschildt’s home, and they were supposedly impressed enough to arrange their own social occasion and invite the Oswalds. Through their friendship with Glover, the Paines would be invited to this Magnolia Oil party held on February 22,1963, which was the President’s Day holiday. Everett Glover provided the transportation for the Oswalds. The party was said to feature George de Mohrenschildt’s Central American walking tour slideshow, but it really seemed about presenting the Oswalds to new people.15 Michael Paine: “Everett Glover invited us knowing that Ruth was studying Russian … they were presented to us as an American who had defected to Russia and decided he didn’t like it and came back and brought a Russian wife with him. Would we like to meet these people? Yes, that sounded interesting.” (WCH II, p. 404)

    Sometime after this party, a record player lent to Glover by the de Mohrenschildts was, at their request, in turn lent to Marina Oswald, and delivered to the Neely Street apartment by Glover and roommate Richard Pierce. Jeanne de Mohrenschildt had also lent Marina a few instructional English/Russian language LPs to go with this player. Some weeks later, after the Oswalds had moved to New Orleans, Everett Glover was contacted by one of the Paines regarding this record player:

    Mr. GLOVER. I got a call on the telephone, I am not sure whether it was Mr. or Mrs. Paine, in which they said the record player – I believe it was the same one I had given or taken over to (Marina) that belonged to the De Mohrenschildts, was there at their house … I think at this time I learned through them that Marina had gone to join (Lee) in New Orleans.

    Mr. JENNER. Was anything said about Mrs. Paine having taken Marina to New Orleans?

    Mr. GLOVER. Nothing was said about her taking her to New Orleans, but I do believe I knew at that time that Marina had stayed with her. I think I learned it through conversation with them. I don’t remember having heard from or seen the Paines since the time they were at my house until the time that I have learned Marina had gone to New Orleans and had previously stayed with Ruth. And until the time that Mike came over and delivered the record player. I think Mike was the one who brought the record player, and I don’t remember the circumstances on that …

    Months later, Glover is contacted again by the Paines:

    Mr. GLOVER … the only other connection I had with them was that later than that … I got a call from one of the Paines saying they had records that the De Mohrenschildts had given Marina. These were for Russian speaking people learning English, I believe, that they had, and what to do with them? And I said, bring them over here and I will store them … and I remember Michael Paine brought the records over to me and came in the house, and I talked with him a little bit. At this time Michael Paine told me the last information I had about (the Oswalds). He told me that, I am not sure whether he said they were back, Marina was coming back, or Marina had already come back to Dallas, that Lee had lost his job and that Lee was coming back, and that was in the time I believe.

    Mr. JENNER. Was coming back to live or was visiting?

    Mr. GLOVER. Well, was coming back. Presumably he lost his job and was coming back here.

    The backyard photo known as deMohrenschildt-A, a first generation print which shows information from the original negative cropped from the “drugstore print” 133-A, and which features handwritten inscriptions on its backside, was discovered within the sleeve of one of these language LPs when the deMohrenschildt’s returned to Dallas in 1967. Accepting Glover’s Warren Commission testimony, this photo was presumably inside the LP sleeve when the language albums were returned at about the beginning of October 1963. Presumably, these LPs had travelled with Marina Oswald to New Orleans and then back to Irving, even as they could not be played since the record player had possibly been returned months earlier, as established during Glover’s questioning by Commission counsel Albert Jenner (although when exactly Michael Paine dropped off the record player is not explicitly stated). Conceivably, the backyard photo known as deMohrenschildt-A could have been inserted into the LP sleeve by Oswald at any time between April and September. Or, inserted by the Paines, or someone associated with the Paines, just before the records were returned to Everett Glover. Or, since Everett Glover is uncertain of the circumstances, perhaps the record player was not returned in May but actually at about the beginning of October, and Glover was confused between the record player and the LPs. There is no indication any investigatory agency went to have a look at these LPs after Glover’s testimony, even as important evidence had been uncovered inside other items associated with the Oswalds.

    A month after Glover’s appearance, during testimony from George de Mohrenschildt, Commission counsel Jenner would suggest the LPs were actually found in the Paine’s home:

    Mr. De MOHRENSCHILDT. We gave (Marina) some records to study English – not mine, but my wife’s and her daughter’s records, of Shakespearian English, how to learn English, and they obviously still have those records.

    Mr. JENNER. Yes, they were found in Mrs. Paine’s home.

    Mr. De MOHRENSCHILDT. We even gave them a phonograph, I think, a cheap phonograph, to play the records.

    Stovall Exhibit A lists the property “taken from” the Paine house in Irving on November 22. The list includes “3 Brown metal boxes 12” x 4” containing phonograph records”. If the language LPs lent to Marina Oswald were among these “phonograph records,” then they would have been taken to Dallas Police HQ, and apparently later that night sent to the FBI lab in Washington. If Oswald had stashed the de Mohrenschildt backyard photo inside a record album later seized at the Paines, it would in all probability been discovered by the Dallas police or by the FBI. If these LPs were found at the Paine home after the assassination rather than delivered to Glover weeks earlier, then the backyard photo must have been inserted into the sleeve after being returned from the custody of the FBI sometime in 1964. Glover, who had assumed much of the de Mohrenschildt’s furniture on their departure for Haiti in April 1963, moved many of these items into a storage locker early in 1964, and it is in this locker the language LPs with the backyard photograph were found.

    Glover left Dallas before the de Mohrenschildt’s return, and there have been indications that Ruth Paine had access to the storage locker in the meantime. When the de Mohrenschildt’s discovered the backyard photo, they called the Paines, despite having only been introduced to Ruth once, years before. During an ensuing meeting between both couples, over dinner, the newly found backyard photo was a topic of conversation as well as discussion “generally, of events.”16 In his manuscript “I Am a Patsy”, George de Mohrenschildt described Ruth Paine as “a perfectly charming, charitable Quaker … (who) helped the Oswalds out of pure humanitarian impulses … She and her husband were simply admirable people.” (HSCA Volume XII, p. 260) Paragraphs earlier, de Mohrenschildt disparages Marina Oswald’s deportment following the assassination. He was under the incorrect impression that it was Marina who wrote “Hunter of fascists ha-ha-ha” on the back of the discovered photo.

    1993: Michael Paine Claims That Oswald Himself Showed Him A Backyard Photo

    “Almost the next thing he does is to pick up this eight-by-ten glossy photo of himself in black with a rifle and a couple of pamphlets … it was very different from what I had expected to find … I had been told he was a communist and I kind of expected a social idealist and couldn’t see the connection between this picture of a guy with his rifle there in black clothing. But he was obviously proud of that picture ….” (Michael Paine, quoted in Gus Russo, Live By The Sword, interview conducted 1993)

    “When I first met him … the first thing he showed me was a picture of himself holding a rifle and I could see he was proud of that picture. I had the strong impression that it was an icon of himself that he liked.” (Michael Paine, ABC News, “Beyond Conspiracy”, 2003)

    In 1993, Michael Paine began telling interviewers that Oswald had showed him a backyard photo when they first met in the Spring of 1963. If Michael Paine’s relatively recent claim is actually true, then his Warren Commission testimony is severely compromised, a fact which appears to have escaped many mainstream journalists and network research departments. If Oswald showed Michael Paine a backyard photo in the Spring of 1963 it must have been, according to Paine’s timeline, during the visit to the Neely Street address when Paine arrived to drive the Oswald’s to dinner in Irving. This event, if true, is entirely absent from Paine’s long and detailed description of his half hour with Oswald as told to the Warren Commission. If true, and Oswald was offering Michael Paine visual evidence of an apparent tendency to violent fanaticism, it is not at all clear why this troubling information was not passed to Ruth Paine as she continued to forge her friendship with Marina. Ruth Paine claimed to the Warren Commission that she did not know Lee owned a rifle and would not have accepted the presence of a rifle in the same home as her children.

    Most critically, if true, it calls into question Michael Paine’s extensive deliberations during his Warren Commission testimony on the supposed “camping equipment” inside a rolled blanket amongst Oswald’s possessions in his garage at the Paine residence in Irving. During Paine’s first appearance before Warren Commission attorneys Wesley Liebeler and Norman Redlich on March 17, 1964, a total of seven transcript pages describe his interaction with a rolled blanket, wrapped with string, lying on the floor of the garage. (WCH IX, pp. 437-443) The Warren Commission would determine that the murder weapon used in the assassination had been wrapped inside this blanket, which had been stored on the garage floor without the Paines’ knowledge of what was in it. Michael Paine’s efforts to explain why he did not make any effort to understand what may have been wrapped, (or allegedly wrapped), in this blanket are strained and tend to over-thinking:

    Paine: “ I picked up this package and the first time I picked it up I thought it was camping equipment and thought to myself they don’t make camping equipment of iron anymore … I supposed it was camping equipment because it was wrapped in this greenish rustic blanket and that was the reason I thought it was a rustic thing … there was also a certain wideness at one end and then I thought of a folding tool I had in the Army, a folding shovel and I was trying to think how a folding shovel fit with the rest of this because that wasn’t quite, the folding shovel was too symmetrical … I first thought it was tent poles and then I thought there are not enough poles here, enough to make a tent … I visualized a pipe or possibly two, and with something coming off, that must have come off kind of abruptly a few inches at 45° angle … I wasn’t thinking of a rifle. Definitely that thought never occurred to me … I would lift the package up, move it, put the package down and one time I was trying to puzzle how you could make camping equipment out of something – this is only one pipe in the package … if I had been the least bit curious I could have at least felt of this blanket but I was aware of personal privacy … ”

    Instead of a rifle, Michael Paine visualized tent poles and folding shovels.

    Neither Liebeler or Redlich asked Paine why, if he was not curious, did he expend so much intellectual energy visualizing tent poles and folding shovels in an effort to understand what might be inside this blanket. He was not asked if he was aware the Oswalds had ever been camping. He was not asked why he did not simply inquire of Oswald what was up with the blanket, which had been in Paine’s way as he worked in the garage (Oswald presumably could be found in front of the television set). Although neither Liebeler or Redlich could know this, if Michael Paine had indeed previously been shown a backyard photo, then all of his supposed puzzling over what was in the blanket is utter nonsense.

    It is possible that Michael Paine is simply completely mistaken, and since 1993 has been relating what amounts to a false memory. It is also possible that the story of being shown a backyard photo by Oswald in the spring of 1963, was deliberately concocted by Michael Paine to assist in buttressing the official portrayal of Oswald as a lone nut assassin – a portrayal which had at that time faced renewed public skepticism with the release of Oliver Stone’s JFK. The inclusion and positioning of Paine’s backyard photo claim, in books and network documentaries supportive of the Warren Commission’s findings, favors the latter view. If this is the case, then Michael Paine can be regarded as less the simple madrigal-singing Quaker unwittingly caught up in historic events, and more a conscious collaborator assisting the project of framing Oswald, at least in the public mind, as the lone nut assassin. At the very least, the eagerness by which mainstream publications and broadcasts have presented Michael Paine’s revisionist account, despite the obvious damage this claim does to his Warren Commission testimony and other tenets of the official story, is a demonstration of just how shoddy and agenda-driven these histories really are.

    Michael and Ruth Paine were interviewed at their home by Dallas television station WFAA on Sunday November 24, 1963. They both shared their impression that Oswald was the lone assassin of President Kennedy, motivated, Ruth Paine suggested, by a realization “that he had an opportunity to no longer be a little guy, but to be someone extraordinary.” Michael Paine would echo: “I think it was a lone wolf thing, the opportunity presented itself to him and he probably wanted to make a mark on society by – suddenly it occurred to him that he could.” The Warren Commission would later presume Oswald’s motivation using similar language.

    Fifty some years later, the informed benign version of what occurred in 1963 would concede the Paines’ involvement with the Oswalds had purposes other than officially stated, but which did not necessarily directly relate to an assassination plot directed against JFK, although the Paines did assist in the post-assassination framing of Oswald, in deference to the authorities and by intuiting what was really happening.17 This view is supported by the intercepted phone call from the afternoon of November 22, 1963, where Michael Paine speculates that Oswald may have been involved but was not “responsible.” If the Paines had been directly involved in an assassination plot, this phone call would not have happened.

    One pm November 22, 1963 – “We both know who is responsible”

    During his questioning of Michael Paine on March 18, 1964, Warren Commission counsel Wesley Liebeler addressed the issue of a particular phone call which was referred to in FBI records. Liebeler handled this issue in a notably lawyerly fashion:

    MR LIEBELER. Now, there has been a report that on November 23, 1963, there was a telephone call between a man and a woman, between the numbers of your residence and the number of your office, in which the man was reported to have said in words or substance, “We both know who is responsible for the assassination.” Have you been asked about this before?

    MR PAINE. I had heard that – I didn’t know it was associated with our numbers. I had heard a report that some telephone operator had listened in on a conversation somewhere, I don’t know where it was. I thought it was some other part of the country.

    MR LIEBELER. Did you talk to your wife on the telephone at any time during Saturday, November 23, on the telephone?

    MR PAINE. I was in the police station again, and I think I called her from there.

    MR LIEBELER. Did you make any remark to the effect that you knew who was responsible?

    MR PAINE. And I don’t know who the assassin is or was; no, so I did not.

    MR LIEBELER. You are positive in your recollection that you made no such remark?

    MR. PAINE. Yes.

    Liebeler makes reference to a “report”, within which the date of the phone call is established as November 23, 1963. Liebeler should have known that subsequent information, including phone records, corrected the report to which he refers, and established the actual date of the phone call as November 22. Inside a lengthy collection of FBI reports dated February 11,1964, a sub-section is titled ‘Investigation Regarding Alleged Telephone Call Between CR 5-5211, Arlington, Texas and BL 3-1628, Irving, Texas on November 23, 1963” (the telephone numbers identified are Michael Paine’s Bell helicopter office in Arlington, and the Paine household in Irving). Part of this investigation is a January 25, 1964 report by FBI Special Agent Robert Lish listing long distance phone calls charged to the Paine’s number in Irving, from late October to mid-December 1963. These records, made available from the Southwestern States Telephone Company, establish the phone call in question was made on November 22. (FBI 105-82555 Oswald HQ File, Section 83, p. 127) Both Michael and Ruth Paine told the Warren Commission, several times, that a phone call between themselves, from the same locations, occurred on November 22, 1963 at about one pm. Liebeler’s questions to Michael Paine have the dismissive effect of labelling a supposed November 23 phone call, discussing “who is responsible,” as something like an unestablished rumor.

    The initial report on this phone call was generated by Special Agent Lish on November 26, 1963. It summarizes an interview with Captain Paul Barger of the Irving Police Department, who had “received information that a male voice was overheard in a conversation,” during a telephone call held on “November 23”. Barger provided both the Arlington number from Michael Paine’s office, and the Paine’s residential number in Irving. “Captain BARGER advised that the male voice was heard to comment that he felt sure LEE HARVEY OSWALD had killed the President, but did not feel OSWALD was responsible, and further stated, “We both know who is responsible.” Barger does not identify the source of his information. (FBI 105-82555 Oswald HQ File, Section 67, p. 51)

    This information is repeated, essentially word-for-word, in the FBI Gemberling Report of January 7, 1964, but instead of naming Paul Barger, the source is identified as Confidential Informant Dallas T-4 (CD 206, p. 66). Why this designation when there was nothing confidential about Barger’s identity or original statement? Barger is interviewed again by the FBI’s James Hosty on January 17, 1964, where this question seems to come up, as Barger says he “had no objection to the use of his name in connection with information he furnished … ” (CD 329, p. 91) Barger claims “he made extensive inquiry in an effort to identify the name of the individual who furnished him with the information concerning a telephone conversation … He said he had an unusually large amount of work assignments during that period and these assignments kept him from recalling the time of day that this information was received.” Barger said he was assigned to “obtain a list of telephone tickets, or other helpful information” from the Southwestern States Telephone Company. “He felt sure the information he furnished SA LISH had come from some telephone company sources, but he was still unable to identify the individual who related it to him … ”

    Additionally, Barger claimed the information he passed to Lish in November was based on his “personal recollection”, as he did not have his handwritten notes at the time. In what he identified to Hosty as his original handwritten note, the overheard dialogue from the male caller is presented as: “Oswald wouldn’t have any reason to do it, but when you get right down to it, the only guilty person is that bastard himself.” That is significantly different from the information provided on November 26, such that even “an unusually large amount of work assignments” cannot account for the disparity. If Barger actually received the information as first reported, from a source at Southwestern States Telephone Company sometime during the assassination weekend, his response to such potentially explosive information is notably muted and casual.18

    The Gemberling report specifying Confidential Informant Dallas T-4 was classified and not shared with the Warren Commission. It was declassified in 1976, and Bernard Fensterwald of the Committee to Investigate Assassinations determined that “confidential informant T-4 is almost undoubtedly a wiretap recording. The nomenclature is widely used by the FBI to indicate to their own agents the wiretap source of a piece of information without having to reveal the source to outsiders.”19 Fensterwald’s allegations were repeated by Congressmen Thomas Downing and Henry Gonzalez, who publicized the Paine’s “we know who is responsible” conversation on the House floor. In a 1976 Dallas Times Herald article written to refute the allegations of a wiretap on the Paine’s residential line, Hugh Aynesworth interviewed Paul Barger, then working for the Irving Independent School District. Barger claimed the source of his original report was known to him after all, and was a telephone repairman who by chance, “due to some mechanical difficulties … he was checking out the line” and inadvertently listened in on the conversation. Barger, supposedly, did not identify the man back in 1963 over concerns of reprimand. Barger added he “did not believe the FBI had any wiretap on the Paine house, ‘If they did,’ he said, ’they wouldn’t have been asking me for what happened.’” (FBI 62-109060 JFK HQ File, Section A28, p. 71-72). The phone call itself, and its content, are not denied.

    Michael Paine denied the content of the call during an interview conducted December 23, 1963 by FBI Special Agent Bardwell Odum. “Mr. PAINE advised that on November 23, 1963, he did not make any statement to anyone that he felt sure LEE HARVEY OSWALD had killed the President but did not feel OSWALD was responsible … Mr. PAINE advised that what he did say, in fact, in a conversation with his wife, was that he was not sure that OSWALD had killed the President because at that time he had no facts at his command … Mr PAINE flatly denied at any time saying that he felt he knew who was responsible for the President’s death other than OSWALD.” (CD 206, p. 67)20 Paine’s Warren Commission testimony to Liebeler – that he did not know the “who is responsible” conversation was associated with his telephone numbers – is challenged by this report.21

    Paul Barger’s 1976 story of a telephone repairman, as well as his initial stories of being so busy on the assassination weekend that he could not recall either the source of the information or when it arrived to him, do not seem credible in the absence of cross-examination. The January 7 Gemberling identification of Confidential Informant Dallas T-4 is probably not referring to Barger, since Barger had been identified by name in an FBI report from weeks earlier, and there was no confidential necessity to that interview. Barger’s handwritten note presented on January 17 is unconvincing, and was not pursued. The Warren Commission was apparently unaware that telephone records established the phone conversation in question occurred on November 22 instead of the following day. These unsatisfactory efforts suggest that the Paine telephone conversation was indeed captured through a wiretap on the Paine’s residential phone, that Paul Barger assisted in covering up the source of the information by fudging his recollection and attributing an incorrect date to the phone call in question, and that Gemberling revealed the true source (Dallas T-4) for internal FBI use.

    Michael Paine has yet to be asked directly who he thought, at one pm on November 22, 1963, “was responsible” for the assassination.


    Notes

    1  FBI 105-82555 Oswald HQ File, Section 83, p. 75. John Armstrong discusses this phone call in Harvey and Lee, pp. 832-835.

    2  Oswald’s J-C-S timesheet shows him, on April 2, finishing his work day at 5PM (CE 1856). During his second session with Warren Commission, March 18, 1964, Paine would place the supper date as April 10, which would have provided Oswald an alibi against his alleged involvement with the Walker shooting. (WCH II, p. 393) But Paine is a bit vague, and he defers to Ruth Paine’s calendar which, for events beginning March 1963, becomes for the Warren Commission a sort of master-clock determining who went where when. Ruth Paine’s calendar says dinner on April 2 was at 7 PM.

    3  This pickup had been pre-arranged, so Marina Oswald’s lack of preparation sticks out, as does the total of about 30 minutes to gather and pack for an outing of just a few hours. Perhaps every contingency had to be accounted for, but Ruth Paine also had young children and would have had similar items waiting at her home. Marina’s story of the origin of the backyard photos also has her “really busy” with child-related chores. Seeing as the official narrative features numerous events which seem to be combinations or merging of separate stories and incidents, it is not far-fetched to ask if Michael Paine took the backyard photos during this half hour. This scenario would require the dinner get-together occur on a Sunday in March or after April 6, Oswald’s last day at J-C-S, when Paine could arrive closer to four pm than six (as the shadows in the backyard photos indicate they were exposed mid-to-late afternoon.

    4  At the time of this dinner, the Warren Commission held that Oswald had already spent several weeks surveilling Walker’s home as part of a meticulously planned assassination attempt, had ordered and received a rifle by which to carry out this plan, had been spending time practicing with the rifle, and had posed for the backyard photos.

    5  Marina Oswald would later tell the Commission that Lee had told her he and Paine had attended a meeting at which Walker was present. This information resulted in a further deposition for Michael Paine on July 23, 1964 (WCH XI). Paine could not explain Marina’s remark, but allowed that he had once attended an event where Walker spoke – a National Indignation Committee meeting December 13, 1961.

    6  If Ruth Paine took these pictures, she may not have had them developed when she returned to Irving. One roll of exposed 620 film is listed as having been found in a metal index card box found November 23, 1963, or so it appears on the typed list created November 26, 1963 by the FBI after these items had already been sent to the FBI lab in Washington and then returned to Dallas (CE 2003; WCH Vol. XXIV, p. 337). There are two typed lists from this date, on the other the description is “one roll 620 plus x film exposed (?)” (FBI JFK HQ files, Section 150, p. 125) In the original list of items taken from the Paine house (Stovall Exhibit A), rolls of film are listed but not always identified and not associated with the two file boxes on the list. These items were seized on November 22 not on the 23rd. The New Orleans photo set was not included with the initial batches of photos shown Marina Oswald.

    7  Oswald was said to enjoy football, and chances are that’s what he spent the day watching. The hometown Dallas Cowboys, then in their fourth NFL season, played in San Francisco against the lowly 49ers that afternoon. As a west coast start, the game would have started about 3-3:30 PM Dallas time, and lasted on toward the dinner hour, which would have contributed to the perception Oswald was in front of the television the “entire day.” Although ahead 21-7 in the second quarter, the Cowboys would be outscored 21-3 in the second half and lose the game. It was a memorable afternoon in Cowboy’s history, as quarterback Don Meredith would throw for 460 yards, a franchise record at the time.

    8  Oswald, supposedly, had been preparing to search for work in Houston and maybe Philadelphia, and therefore his return to the Dallas area could not be expected or anticipated. Everett Glover, however, would tell the Warren Commission that Michael Paine indicated to him Oswald would return to Dallas sometime early in October.

    9  FBI interview November 23, 1963, report dated November 24. see Oswald 201 file, Volume 3, Folder 9B, p. 92. A year earlier, George de Mohrenschildt had inquired for Oswald about possible employment at Collins Radio. Curiously, Robert Surrey, General Walker’s confidant, told the FBI that the vehicle seen parked in front of Walker’s home in photograph CE5, with the license plate cut out, “appears identical” to one owned by Charlie Klier, a frequent visitor to Walker’s home, and who was employed by Texas Instruments. (CD 1245, p. 104)

    10  “It was rather sparsely attended, most of them were down spitting at Stevenson.” (WCH II, p. 388)

    11  Oswald supposedly knew nothing of the ACLU, but did know the FPCC, SWP, CPUSA, Hall-Davis Defense Committee, et al, and was “familiarizing” himself with right-wing outfits “for whatever his purposes.” This is an example of how disjointed Michael Paine’s testimony can be. It is curious that a 30 minute conversation from April 1963 can produce pages of testimony, but this 35 minute drive to the ACLU meeting followed by a second 35 minute drive back to Irving produces just two recollections, including the spurious notion that Oswald needed to have the ACLU explained to him, which, according to Paine, happened on both ends of the journey.

    12  Just minutes before this, during his testimony, Paine had been questioned closely about Oswald and Walker. Krystinik: “The first notice I made of Oswald is when he stood up and made a remark about General Walker in reference to him not only being anti-Catholic but anti-Semitic in regard to his comments about the Pope. Then he made further comments that a night or two nights before he had been at the General Walker meeting here in Dallas.” (WC testimony March 24, 1964)

    13  The home address listed on this form – “3610 N. Beckley” – was non-existent. Previously, when filling out such forms, Oswald used actual addresses. A change of address card dated October 11, 1963 listed the Paine’s Irving home as a forwarding address (Holmes Exhibit 3-A), although the card has a New Orleans postmark, and does not appear to be Oswald’s handwriting.

    14  This skill set is not always evident, as Paine’s Warren Commission testimony has its share of hazy memory moments. Paine was evidently fully engaged during the Neely Street introduction, retaining precise recollection of details of the house, along with apparently complete recall of the initial conversation.

    15  Everett Glover had met Lee and Marina, through George de Mohrenschildt, several times before this party. Stories about the party, particularly on the topic of Ruth Paine’s introduction to Marina Oswald, are fuzzy and contradictory. De Mohrenschildt, for example, would tell the Warren Commission that he could not observe Ruth Paine or the Oswalds because it was dark in the room to facilitate his slideshow. Everett Glover, on the other hand, would say that the de Mohrenschildt’s were only there for a few minutes, and he does not refer to a slideshow. Volkmar Schmidt would claim he arranged the event but could not attend, while others like de Mohrenschildt and Glover say he was there.

    16  See Ruth Paine Orleans Parish Grand Jury testimony April 18, 1968, pp. 7-8, and de Mohrenschildt manuscript, “I Am A Patsy”, HSCA Volume XII, pp. 253- 258.

    17  This is the “benign” version, which does not account for the Imperial Reflex camera’s use in New Orleans. Based solely on the official record, a far less benign version can also be constructed. Compare what happened with the Paines following the Warren Commission, to what happened to George de Mohrenschildt, who had made several statements, privately, to the effect that Oswald may have in fact been a patsy. The Paines walked away, while de Mohrenschildt complained, ahead of his alleged suicide, that he had been ruined.

    18  Paul Barger was also the Irving Police representative to whom Ruth Paine personally delivered the Russian book which she wanted sent to Marina, and in which the so-called Walker note was discovered. FBI 62-109060 JFK HQ File, Section 150, p. 97.

    19  Fensterwald’s analysis has been confirmed through release of more FBI documents and background over the years. Confidential Informants have been identified as both human and mechanical in the FBI documents. If a wiretap had been placed on the Paine residential phone line, it likely was the result of Marina Oswald’s presence, rather than specific interest in either of the Paines.

    20  At the time of this conversation, one pm on November 22, the President’s death was known only to a few people at Parklands Hospital.

    21  See also the James Hosty FBI report on Michael Paine December 30, 1963, CD 263, p. 7. This is the original filed report on the Paine interview of December 23, 1963. The interview is mostly concerned with Paine’s relationship with his father. The denial of stating others were responsible appears as a single sentence concluding the brief report.


    Series Bibliography

    • Warren Commission Hearings, Exhibits and Documents
    • House Select Committee Report and Appendixes
    • Sylvia Meagher, Accessories After The Fact
    • Dick Russell, The Man Who Knew Too Much
    • Peter Dale Scott, Deep Politics and the Death Of JFK
    • John Newman, Oswald and the CIA
    • John Armstrong, Harvey And Lee
    • Edward Epstein, Legend: The Secret World of Lee Harvey Oswald
    • Gus Russo, Live By The Sword
  • A new look at the enigma of the Backyard Photographs, Part 4

    A new look at the enigma of the Backyard Photographs, Part 4


    Part 4:  Oswald in Oak Cliff

    The Warren Commission’s description of the origin of the backyard photos relies on a very unreliable narrator. Many critics believe the visual content of the photos is unreliable (i.e. it is a composite). When the Kennedy case was re-investigated by the HSCA, examination of the backyard photos was limited to the question of authenticity. Other pertinent questions, once examined, impeach the unreliable narration adopted by the Warren Commission.

    Follow-up questions: If the camera wasn’t Oswald’s, whose was it? If Marina didn’t take the photos, then who did? 1 The answers could lead directly to the plot to frame Oswald, and therefore to the plot to remove Kennedy.

    The Kuleshov Effect

    In the interest of realizing a scientific materialist understanding of cinema technique, young filmmakers in the new revolutionary Soviet Union conducted a series of visual experiments designed to quantify elements of montage (editing). One of the most famous was conducted by Lev Kuleshov, a twenty-three year old theorist and educator. A medium close-up of an impassive actor was variously juxtaposed with specific images – a plate of soup, a prison gate, a dead child – cutting back to the actor’s impassive face. Viewers of these simple cross cutting experiments invariably read the actor’s always identical blank visage as variously expressing hunger, loneliness, or mourning. The audience would invariably conjure an association, even absent a spatial relationship within the shots (through lighting or scenic consistencies). 2

        HE IS HUNGRY
        HE IS SAD

    The backyard photos, since the Life Magazine cover in 1964, have been presented to the public as a deliberate self-representation by JFK’s future lone-nut assassin Lee Oswald, who interrupted his wife’s household chores on a spring Sunday afternoon so she would snap two photographs, him dressed in black, brandishing firearms and socialist literature. The backyard photos are understood as the self-portrait of a political fanatic, a man preparing for violence, in the service of ideology and his twisted psyche. They are said to be Oswald’s idealized image of himself – the hunter of fascists, the man ready for anything. 3

        FANATIC LONE-NUT KILLER
        DESTROYER OF INNOCENCE

    Should it be understood that Marina Oswald did not snap these photos at her husband’s insistence, the context and interpretation of these photos must transform. Are the backyard photos instead the portrait of a political provocateur, posing as part an operation to discredit organizations of the left? Are the backyard photos some kind of in-joke, a trophy from a modestly successful false flag attempt? Hunter of fascists ha-ha-ha!

    A Backyard Photo Was In Possession Of Dallas Police On The Evening of November 22

    An internal FBI memo dated February 25, 1964, generated as part of the FBI’s multi-city investigation into the leak of backyard photo 133-A to the media, describes an interview with Jerry O’Leary, Jr., a reporter for the Washington Evening Star. O’Leary confirmed to agents he had arrived in Dallas on the evening of November 22, 1963 and “advises as follows: Deputy Sheriffs and Dallas Police Department detectives, he believes, arrived at the Payne home in Irving … O’Leary understands that the officers started searching, Mrs. Payne objected, whereupon they told her they would get a search warrant. O’Leary thinks these officers took photographs back to the police department or the Sheriff’s office which they obtained in the Payne residence from Marina Oswald. O’Leary says he believes the photograph carried by “Life” on its 2-21-64 issue was among those taken by the police. O’Leary says that either late the night of 11-22-63 or the morning of 11-23-63, he saw a copy of the photograph in the hands of a police officer” (FBI DeLoach to Mohr 2-25-64)

    O’Leary was not in attendance at the Paine home during the initial search, and his information of what happened there is not accurate. Ruth Paine, according to all in attendance, never objected to the police presence and allowed full access. The legal issue of a search warrant, as officially explained, rests on the distinction that officers could access visible objects as they moved through the residence, but a warrant was required to open sealed items such as the seabags and suitcases in the garage. O’Leary may have received or overheard incomplete and/or inaccurate background information, but his seeing “the photograph carried by Life” on the Friday night or early Saturday morning “in the hands of a police officer” is important and has corroboration.

    On March 17, 1964 Michael Paine provided testimony to Warren Commission attorneys Wesley Liebeler and Norman Redlich. The following exchange was recorded:

    Mr. LIEBELER – Did the FBI or any other investigatory agency of the Government ever show you a picture of the rifle that was supposed to have been used to assassinate the President?

    Mr. PAINE – They asked me at first, the first night of the assassination if I could locate, identify the place where Lee was standing when he was holding this rifle and some, the picture on the cover of Life.

    Mr. LIEBELER – Were you able to?

    Mr. PAINE – I identified the place by the fine clapboard structure of the house.

    Mr. LIEBELER – By the what?

    Mr. PAINE – By the small clapboard structure, the house has an unusually small clapboard.

    Mr. LIEBELER – What did you identify the place as being?

    Mr. PAINE – The Neely Street address.

    Michael Paine confirms the observation of Jerry O’Leary Jr., that Dallas Police had in their possession, on Friday night November 22, 1963, a copy of a backyard photo, many hours before these photos were officially discovered.

    There is a third confirmation. In a typed version of notes taken by Dallas Police Homicide Captain Will Fritz during his interrogations with prisoner Lee Oswald, the following information covers midday Saturday November 23: “Oswald was placed back in jail at 11:33 a.m. At 12:35 p.m. Oswald was brought to the office for another interview with Inspector Kelley and some of the other officers and myself. I talked to Oswald about the different places he had lived in Dallas in an effort to find where he was living when the picture was made of his holding a rifle which looked to be the rifle we had recovered. This picture showed to be taken near a stairway with many identifying things in the back yard … Mr Paine had told me about where Oswald lived on Neely Street. Oswald was very evasive about this location.” (CE2003)

    The Dallas police had at least one version of a backyard photo long before the photos were officially found mid-afternoon Saturday. In the Fritz typed notes he adds: “We found later that this was the place where the picture was made.” The Dallas police would go to 214 West Neely Street on November 29, 1963 to take photos of the property, including a replication of the Oswald pose identified as backyard photo 133-C, supposedly unknown, beyond certain Dallas police officers, for another dozen years. (CE712) This demonstrates the existence of 133-C was not some dark secret known only to a few. It is highly unlikely backyard photo 133-C could have been withheld from the FBI or the Secret Service. The Secret Service, in the person of Forrest Sorrels, supervised the November 29 photo recreations. 4 There is no acknowledgment of the existence of 133-C anywhere in the official record generated in 1963/1964, other than the recreated pose. The withholding of 133-C from the official record appears a deliberate decision, involving a tacit understanding between the Dallas Police, the FBI, and the Secret Service. Why would this happen?

    A speculation: 133-C was the backyard photo in possession of the Dallas police on the evening of Friday November 22, 1963. The reason for its withholding: the means by which it came into the hands of the police was problematic, by origin or method.

    Looking again at Jerry O’Leary’s information, the suggestion is made the lack of a search warrant might have compromised evidence gathered that first afternoon, though it is also said the photographs were “obtained” directly from Marina Oswald. The information regarding the search warrant is not correct, and if Marina directly passed photographs to the attending officers, the incident was not mentioned in any reports or recollections. Perhaps O’Leary was given or overheard something like a cover story. The photo may well have been “obtained” from a location or source other than the Paine household, and this source could not be rationalized within the emerging lone-nut paradigm. Once 133-A and 133-B came into the record on Saturday afternoon November 23, in convenient fashion, 133-C could be quietly shelved.

    The complete lack of curiosity concerning photograph 133-C on the part of the HSCA – the government panel which first became aware of this photo – supports a notion that there was something decidedly fishy about this photograph, and the fishiness is not a matter of content, which is effectively the same as the other two backyard photos in the record. The HSCA took forty pages of testimony from Dallas police officer R.L. Studebaker concerning the many copies made of all three backyard photos in the Dallas Police Department Photography Laboratory, but the provenance of 133-C was not clarified. 5

    A closer look at the context and circumstances of these photographs may help establish the range of possibility which could explain the backyard photographs.

    Oswald the “Marxist”

    In October 1962, the Dallas FBI closed its Oswald file started the previous June, when Oswald returned from the Soviet Union. Five months later, the file would be reopened, supposedly after learning Oswald had subscribed to the Communist Party USA newspaper The Worker. As John Newman describes in Oswald and the CIA, the FBI’s reasoning appears flawed. Oswald maintained contacts and subscriptions with numerous left and radical-left organizations continuously since his return, and the FBI had no reason not to be aware of this. Oswald began his subscription to The Worker on August 5, 1962 and he had contacted the Socialist Worker’s Party, a listed subversive organization and publisher of The Militant, a week later, not long before his FBI file was rendered “inactive”. A copy of both The Worker, and The Militant are featured in the backyard photos.

    Oswald communicated with left-wing organizations as early as fifteen years of age, and was known to espouse left-wing sentiments while with the Marines. When he attempted to renounce his American citizenship in Moscow, he claimed: “I am a Marxist” (CE910). Consul Richard Snyder recalled “strong impression he used simple Marxist stereotypes without sophistication or independent formulation” (CE909). The same impression was expressed by others acquainted with Oswald. 6 While in the Soviet Union, Oswald did not associate with Marxist or communist institutions, and there is little to indicate he engaged in Marxist analysis or discussions with his friends in MInsk. Oswald’s Marxist / leftist persona appears exclusively to an American audience, first in the Marines, then to American officials and reporters in Moscow, and then again on his return to Fort Worth in 1962.

    On August 26, 1962 Oswald ordered pamphlets on Trotsky from Pioneer Publishers, associated with the Socialist Worker’s Party. He applied for SWP membership at the end of October (Dobbs Exhibit 9). On December 6 he steps up his prospective involvement by offering his skills in “blow-ups, reversals and reproduction work” gained at his employer Jaggars-Chiles-Stovall to the SWP’s New York office (Dobbs Exhibit 12). He makes a similar offer to the Hall-Davis Defense Committee, linked to the CPUSA (Tormey Exhibit 1). On December 15 Oswald subscribes to the The Militant. 7

    If Oswald’s Marxist tendencies had been more informed, his subscription and party membership activity should have been limited to one or other of Communist Party USA or the Socialist Worker’s Party. Factional splits and philosophical differences had led to bitter divisions between the two organizations. Oswald’s correspondence through 1962 and 1963 with various left-wing outfits shows him apparently unaware or unconcerned with these splits. Oswald assumed a personal stance, articulated during social occasions at the time, that he disliked both the Soviet and American political systems and instead endorsed Marxist analysis and ideals. Yet in Texas and Louisiana, in 1962 and 1963, he worked and socialized with, for the most part, persons of the right. 8 Oswald’s Marxist identity should be considered a front, and his communications with left-wing organizations insincerely motivated.

    Oswald in Oak Cliff

    Near the beginning of October 1962, George de Mohrenschildt’s daughter Alexandra and her husband Gary Taylor were invited to a modest gathering held at Oswald’s Mercedes Street apartment in Fort Worth. For the Taylors, this was their first meeting with the Oswalds, and as they were not Russian speakers, the interaction with their hosts was limited. Even so, as the occasion concluded a few hours later, Marina Oswald gathered clothes and her infant daughter, and joined the Taylors for the drive back to their apartment in Dallas, where she would then stay for almost a week. One rationale for this holds that Marina complained of spousal abuse to the guests, so the removal to the Taylor home was a hastily conceived reaction. Alexandra Taylor, in contrast, told the FBI on November 30, 1963 that Marina’s stay had been arranged by her father some time before (CD60). Gary Taylor’s Warren Commission testimony also confirmed that it was a prearranged event orchestrated by George de Mohrenschildt. 9

    Lee and Marina would be separated throughout October 1962, commencing a year of absences and separations, when Lee Oswald’s movements and activities assume a murky or unknown character. On his own, Oswald stayed at the Mercedes apartment until October 8, when he vacated and quit his job at Leslie Welding the same day. Where he stayed the following week is unknown. He rents the (later infamous) Post Office Box 2915 on October 9, and has several appointments with the Texas Employment Commission. On Friday October 12, Oswald is hired by the typographic firm Jaggars-Chiles-Stovall. Oswald checks into the Dallas YMCA on October 15 and stays there until October 19, when he relocates to the Coz-I-Eight apartments on North Beckley Street in the Oak Cliff neighborhood of Dallas. For the rest of his days in Dallas, Oswald would reside at addresses closely clustered, within a ten block radius, in Oak Cliff. 10

    Jeanne de Mohrenschildt, referring to the Dallas-Fort Worth Russian community, would tell the Warren Commission: “Lee insisted for some particular reason to live very, very far from everybody, from all these people. They lived in Oak Cliff – God knows where from us … Why did he live so far? … Why wouldn’t they take a little place near us, it will be much easier for me to help her. He had some reasons to live far away. I don’t know if anybody else mentioned that to you. That was everybody’s impression. For some particular reason, he moved all the way out” (WC testimony April 24, 1964).

    On November 3, 1962 Gary Taylor would help rent a trailer for Oswald, then assist in the relocation of Marina and June, with belongings, from Fort Worth to a new home at Apartment 2 – 604 Elsbeth, which Lee had arranged the week before. 11 Three days later, Marina moved out, allegedly the result of a bad argument sparked by her conversation with the wife of the Elsbeth apartment’s building supervisor. Marina and June shuttled between three White Russian homes for two weeks before another reconciliation with Lee was achieved on November 18. On November 22 the Oswalds attended a Thanksgiving dinner hosted by his brother Robert in Fort Worth. Several snapshots of the Oswald family were taken at the Fort Worth bus depot’s Photo-mat booth, the only specific instance of “family-type snapshots” from the period that Marina could later recall.

    The Oswald’s domestic situation is notable for its instability throughout the autumn of 1962, coinciding with George de Mohrenschildt’s efforts as their benefactor. Marina Oswald would say in a letter to the Soviet Embassy on December 31,1962 “we change address often because my husband changes work and for other reasons” (emphasis added). She shares with the Embassy her new mailing address “Box 2915, Dallas, Texas” (CE986). 12

    The February Hand-Off

    Even though Lee Oswald’s unemployment in October 1962 lasted only four days, George de Mohrenschildt was known to lament “we‘ve got to find Lee a job.” The kind of job he was likely referring to was as free lance informant, investigator and possibly provocateur – activity associated with industrial security and/or private firms and organizations linked to federal intelligence or police agencies (such as Guy Banister’s outfit in New Orleans). 13 This is the milieu believed to have motivated otherwise inexplicable activity on the part of Oswald throughout the year 1963. Introductions or inquiries on Oswald’s behalf were made by de Mohrenschildt in the autumn of 1962 to persons such as Admiral Chester Bruton, of Collins Radio, and Max Clark, overseeing industrial security at General Dynamics.

    Oswald had extra money available to him in December 1962 / January 1963, not huge amounts but enough to pay the remainder of the State Department loan which assisted his return to America. A few months later, allegedly, Oswald was able to purchase the mail-order guns under the name Hidell, amounting to just over $50, representing a week’s salary. 14

    In 1963, not only did Oswald’s Fair Play For Cuba activity coincide with active programs by the FBI and CIA directed against the organization, he also (allegedly) ordered interstate mail-order firearms from Klein’s and Seaport Traders when both of these firms were also targeted by federal investigations. Peter Dale Scott notes: “in 1963 Seaport Traders and Klein’s Sporting Goods were being investigated, by the ATF unit of the U.S. Treasury’s Internal Revenue Service, as well as by Senator Dodd’s Juvenile Delinquency Subcommittee. Treasury and the Committee sought to demonstrate the need for more restrictive federal legislation to control the burgeoning mail-order traffic in firearms” (Deep Politics, Chapter 15).

    In early February 1963, George de Mohrenschildt introduced Oswald to Volkmar Schmidt, a German oil geologist employed in Dallas by Magnolia Oil. During a small dinner party held at de Mohrenschildt’s home, a political and philosophical conversation ensued between Schmidt and Oswald lasting two hours, during which Oswald exhibited traits similar to the Warren Commission’s lone nut psychological profile. 15 Schmidt claimed Oswald seemed to him a man “desperate, spiritually, totally desperate … His determination to leave an imprint in history was just incredible.” After redirecting Oswald’s spiritual desperation toward an antipathy to the far-right positions of General Edwin Walker, Schmidt came to believe this conversation triggered Oswald’s alleged obsession with Walker, which may have resulted in a failed assassination attempt two months later. 16

    From Oswald’s address book

    Schmidt decided to arrange his own get-together for Oswald, at the house he shared with other Magnolia Oil employees including Ruth and Michael Paine’s friend Everett Glover. Schmidt described the event as one which he hoped could assist getting Oswald “out of his shell”, though he would not personally attend. Invited guests included the de Mohrenschildts and the Paines. 17 The Magnolia Oil party occurred on Friday night, February 22, 1963. Ruth Paine met Marina Oswald at this event, beginning a rapid transition for the Oswalds – from dependence on the generosity of the de Mohrenschildts to dependence on the generosity of the Paines.

    A few days previously, on February 17, Marina Oswald had written the Soviet Embassy, apparently at her husband’s insistence, to request assistance in returning to the USSR. This letter differed markedly from Marina’s earlier genial communications with the Embassy, due to its specific pleading and urgency. 18 As their friendship took root, Ruth Paine would go into something of a panic as Marina spoke of Lee’s insistence she return to Russia. Her first offers for Marina to stay with her in Irving are made in response, a persistent theme through the year. Earlier, in November 1962, the Dallas area Russian community had been canvassed to find a place “where (Marina) could live with somebody for 2 or 3 months.” 19

    214 West Neely Street

    The Oswalds moved again soon after the Magnolia Oil party, on March 3, 1963 to 214 West Neely Street, a short distance away. After moving to this address, Oswald was said to have begun surveillance of General Edwin Walker’s residence and ordered the rifle from Klein’s Sporting Goods. At this address the backyard photos were said to have been taken, followed by Oswald’s supposed assassination attempt on General Walker. Notes taken by Dallas Police Homicide Captain Will Fritz during Oswald’s interrogations indicate Oswald was distinctly evasive about this location. During her testimony to the Warren Commission, Marina allowed that Oswald’s behavior had changed in this time:

    Mrs. OSWALD. … the later time he was more excited and more nervous but it was quite a contrast between the way he was in Russia.

    Mr. RANKIN. By the later time that you just referred to what do you mean? Can you give us some approximate date?

    Mrs. OSWALD. When we went to Neely Street. (WC, February 3, 1964)

    CE404. In a letter dated March 4, 1963, Marina Oswald drew Ruth Paine a map to 214 Neely Street

    Known visitors to this address included a few members of the White Russian community, the de Mohrenschildt’s once or twice, Michael Paine once and Ruth Paine several times, and also Gary Taylor, George de Mohrenschildt’s now estranged son-in-law. He came by the apartment one afternoon, when Lee Oswald was at work.

    Mr. JENNER. Why did you go there?

    Gary Taylor: “Some of the baby’s toys – a ball and something or other – were out there on this porch.”

    Mr. TAYLOR. Just for a friendly visit. Marina was at home. She – her English had improved enough for her to get across to me a few ideas … I did inform Marina of my impending divorce and – uh – in other words, telling her that Mrs. Taylor and I were no longer living together and we had separated.” (WC testimony March 25, 1964)

    Taylor was able to recall a specific image: “this apartment in question had a small balcony on the front of it and I remember the door was open and I thought what a nice place for the baby to play and some of the baby’s toys – a ball and something or other – were out there on this porch.”

    Early during Taylor’s testimony, Commission counsel Albert Jenner established:

    Mr. JENNER. During the time you had your interest, which you still may have, in – what did you say – photographing?

    Mr. TAYLOR. Yes …

    Mr. JENNER. Are you an amateur camera fan?

    Mr. TAYLOR. Just a little bit. I try to carry it on as best I can …

    His former wife Alexandra (Mrs Donald Gibson) confirmed “he was working on and off with a photographer … ” (WC testimony May 28, 1964). In light of Gary Taylor’s photography interest, the Commission’s interest in establishing this hobby, and his specific recollection of June Oswald on the Neely Street balcony – this may establish the origin of the Neely Street balcony photographs (and assist in emphasizing Lee Oswald did not take any “family-type snapshots” while in America 1962-63).

    Oswald and the Walker Shooting

    A Dallas Times Herald story titled Walker Target of Sniper’s Blast, dated Thursday April 11, 1963, describes the aftermath of the apparent assassination attempt directed at General Walker (CD1019 pp. 4-5). Walker is portrayed as upbeat and on-message:

     
    “The Kennedys say there’s no internal threat to our freedom,” the general said with a laugh, nodding to the gaping hole in the wall. Gen Walker said the shooting was not going to slow him up in any way from carrying out his fight against Communists at home and abroad. “The shooting here is going to speed me up. You know I said … that the front lines were right here at home – in Dallas,” he said.

    This assassination attempt, on the immediate heels of Walker’s cross-country tour with the Christian crusader Billy James Hargis, had an element of convenience in that it underscored Walker’s message of vigilance, despite the absence of suspects. Walker could be portrayed as patriotically filling out his tax forms, reacting bravely to the shot, then eschewing medical care so he could continue with his taxes. Viewed through a cynical lens, one might wonder if this was really an assassination attempt at all.

    If Oswald was involved in this supposed assassination attempt against General Walker, and there’s a chance he was, then the circumstances would certainly bear little to no relation to the stories told by Marina Oswald and adopted by the Warren Commission. Marina’s Walker stories portray Oswald as erratic, irrational, and prone to panic. This flies in the face of the common perception of Oswald as calm and collected whatever the circumstance. 20 The Warren Commission’s acceptance of Oswald as the lone would-be assassin of Walker in turn disavows sightings of multiple persons surveying Walker’s residence ahead of the shooting, and multiple persons fleeing the area immediately after the shot was fired.

    Whatever the true circumstances, Oswald is linked to the Walker incident at least by association, since one of the so-called surveillance photos of the Walker residence was identified as having been taken with the same Imperial Reflex camera responsible for the backyard photos. 21 The Walker surveillance photos would be discovered among Oswald’s possessions at Ruth Paine’s home.

    Researcher Dick Russell interviewed Walker for his book The Man Who Knew Too Much, and was told a private investigation revealed brothers Larrie and Bob Schmidt may have connected with Oswald and may have been responsible for the shooting at Walker’s home. 22 The Schmidt brothers were far-right political activists, part of a scene described by Peter Dale Scott as a “Minutemen-Cuban exile-General Walker milieu supported by H.L. Hunt.” Oswald the Marxist would have no business making friends with such persons. The paths of Oswald, Larrie Schmidt and General Walker would cross again in the autumn of 1963. Schmidt and Walker tie back to Munich, where a right-wing newspaper would print a story on November 29, 1963 claiming Oswald was responsible for the Walker assassination attempt. 23 Marina Oswald began relating her version of the alleged Walker attempt four days later on December 3, 1963.

    The Warren Commission corroborated Marina Oswald’s version with testimony from the de Mohrenschildts, focused on a supposed trip one night to Neely Street to present an Easter toy for infant June. In one version of this story, Marina Oswald takes Jeanne de Mohrenschildt on a tour of the Neely Street apartment and the rifle is observed, prompting George to joke that Oswald could have been Walker’s would-be assassin. In the other, de Mohrenschildt makes the Walker joke as they are greeted at the door. Jeanne de Mohrenschildt was nervous as she testified about this visit, and she implied her visit to 214 West Neely actually occurred on a different occasion.

    Mr. JENNER. Was it upstairs or downstairs?

    Mrs. De MOHRENSCHILDT. Upstairs. There was a little terrace, and a big tree growing right next to the terrace.

    Mr. JENNER. Had you been there before?

    Mrs. De MOHRENSCHILDT. No.

    Mr. JENNER. That is the first time you had ever been there?

    Mrs. De MOHRENSCHILDT. I don’t remember. Maybe I was. I don’t think so.

    Mr. JENNER. All right … Now, just relax –

    Mrs. De MOHRENSCHILDT. I am trying to think hard, because every little fact could be important.

    Mr. JENNER. But you are excited. Relax, and tell me everything that occurred, chronologically, as best you can on that occasion. You came to the door and either Marina or Oswald came to the door, and you and your husband went in the home?

    Mrs. De MOHRENSCHILDT. That is right.

    Mr. JENNER. Then, go on. Tell me about it.

    Mrs. De MOHRENSCHILDT. And I believe from what I remember George sat down on the sofa and started talking to Lee, and Marina was showing me the house that is why I said it looks like it was the first time, because why would she show me the house if I had been there before? (WC testimony April 24, 1964)

    When Jeanne de Mohrenschildt had been interviewed by a representative of the State Department in Haiti in early December 1963, she claimed to have seen a rifle in Oswald’s possession in the autumn of 1962 (State Department airtel December 8, 1963). Marina Oswald first described showing a rifle to Jeanne de Mohrenschildt at 214 West Neely Street during an FBI interview December 11, 1963, but this story does not mention it being nighttime or that Oswald and George de Mohrenschildt were also there (CE1403). Questioned later the same day, Marina told of an occasion when George de Mohrenschildt visited and made a joke about Oswald shooting Walker, but Jeanne’s presence and observation of the rifle is not mentioned. The Warren Commission, for its part, apparently did not notice that the rifle is allegedly seen inside a small room elsewhere described as Oswald’s secret sanctum, a room said to be completely off-limits to Marina.

    Jeanne de Mohrenschildt finished her Easter visit recollections to the Commission’s Albert Jenner with a concrete image: “And we left. She got me some roses. They had a big rose tree right by the staircase. And she got me a lot of roses, and we went home.” This implies the de Mohrenschildt’s exited down the back staircase, even though it was night. It suggests that, in the dark, Marina Oswald plucked “a lot of roses” from a nearby bush. It is very possible that Jeanne de Mohrenschildt instead visited 214 West Neely during the day sometime in March or April 1963.

    Could there be a reason for the de Mohrenschildt’s co-operation with the Warren Commission, supplying an important but untrue corroboration in the case against Lee Oswald? George de Mohrenschildt begins his Commission testimony with a matter of personal concern:

    Mr. De MOHRENSCHILDT. You know, this affair actually is hurting me quite a lot, particularly right now in Haiti, because President Duvalier – I have a contract with the Government … They got wind I am called by the Warren committee … and I am about to be expelled from the country. My contract may be broken … So I hope that this unpleasantness will be somehow repaired … if the committee could do something in that respect … (WC testimony April 22, 1964)

    Possible Circumstances of the Backyard Photos

    If the backyard photos were not actually photographed at 214 West Neely Street in March or April 1963, then persons unknown made a considerable effort to make them appear as such. The Warren Commission used the props displayed by the Oswald figure to set a likely creation date (Sunday March 31), and to solidify a link between Oswald and the murder weapons. In addition to accessing these weapons and the newspapers, forgers would also require knowing that Oswald resided at this address in the first place, as his stay was only about eight weeks. 24

    According to Marina Oswald, the backyard photos were created to be submitted to the Socialist Worker’s Party newspaper The Militant:

    Mrs. OSWALD. … it happened just before he went to shoot General Walker. Then, I asked him why he was taking this silly picture and he answered that he simply wanted to send it to the newspaper.

    Mr. LIEBELER. The Militant?

    Mrs. OSWALD. The Militant.

    Mrs. OSWALD. I didn’t attach any significance to what he said at the time, but he added, “That maybe some day June will remember me.” He must have had something in his mind – some grandiose plans. (WC July 24, 1964)

    If Oswald’s primary concern was to ingratiate and associate himself with The Militant, then a backyard photo would surely had the opposite effect. The firearms plus the ideological contrast of the two papers would have signaled Oswald as unhinged and confused rather than a reliable warrior for the cause. The photo would have revealed Oswald as some sort of provocateur and potentially compromised his upcoming activity for the Fair Play For Cuba Committee. 25

    Oswald contacted the Fair Play for Cuba Committee in mid-April, claiming he had leafletted in Dallas with a pro-Castro placard around his neck, and requested more pamphlets. A notation on Oswald’s letter indicates that 50 of what Oswald described as “fine, basic pamphlets” were sent to P.O. Box 2915 on April 19 (Lee Exhibit 1).

    Oswald left for New Orleans on April 24. The Warren Commission, using the testimony of Marina Oswald and Ruth Paine, explained this as a response to desperate unemployment. Oswald had been out of work for less than three weeks, and it is not clear that the reasons for his leaving Jaggars-Chiles-Stovall were exactly that implied by his supervisors. 26

    Oswald contacted the Fair Play for Cuba Committee from New Orleans on May 26. He requested formal membership in the organization: “I have been thinking about renting a small office at my own expense for the purpose of forming a F.P.C.C. branch here in New Orleans.” He desires information on “buying pamphlets in large lots, as well as blank FPCC applications … a picture of Fidel, suitable for framing would be a welcome touch” (Lee Exhibit 2).

    In Dick Russell’s book, Richard Nagell emphasized Oswald was not trying to “penetrate” the FPCC: “His involvement with the Fair Play for Cuba Committee in New Orleans was something entirely different. There was no chapter of the committee that he was associated with, not in reality. It was a ploy.” Former New Orleans CIA agent William Gaudet would tell Russell: “I don’t think (Oswald) knew exactly what he was distributing … (with) the Fair Play for Cuba deal, which was nothing but a front and was one of the dreams of – I think Guy Banister.” 27

    When Oswald arrived in New Orleans, the Fair Play for Cuba operation was already active, the first contact made in mid-April, suggesting his association with Banister had been arranged while Oswald was still in Dallas. The intrigue of March and April 1963 – which includes the fast friendship with the Paines, the ordering of the rifle from Klein’s Sporting Goods, the Walker attempt, the backyard photos, the start of the FPCC activity and the move to New Orleans – is not easily explained by the official record, which relies largely on Marina Oswald’s shifting testimony. Lee Oswald’s activity requires assistance, of which the Warren Report is silent.

    On the morning of November 23, 1963 the FBI were in contact with M. Waldo George, who was the owner of 214 West Neely Street. George did not reside at or nearby that address, and his contact with Oswald the previous spring had been limited to three brief occasions. The Warren Commission obtained an affidavit from George dated June 12, 1964.(WCH Vol. XI, p 155) In this affidavit, tenants of the ground floor apartment at 214 Neely Street were identified as Mr. and Mrs. George B Gray. The Grays would have conceivably served as crucial witnesses to this extremely important time period, witnesses who had maybe seen Oswald with his rifle, or witnessed the backyard photo session, seen visitors to the Oswald suite, and who perhaps could verify Oswald’s bizarre activities leading to the Walker attempt (as described by Marina). A Secret Service Report from December 1963 (CE2189), however, just as the later affidavit, states succinctly: “The Gray family has now moved and Mr. George does not know where they moved to.”

    It might be assumed the resources available to the Commission would succeed in locating these potentially crucial witnesses, the Gray family, but nothing appears in the published Report or Exhibits. However, buried inside Commission Document 6 – the FBI De Brueys Report of 8 Dec 1963 – is information from FBI SA Robert E. Wiatt, referring to a November 30, 1963 interview held in Corrigan, Texas with George B. Bray and his wife Clydie. Spelling aside, Mr Bray is clearly the downstairs tenant from 214 West Neely. Bray states: “The OSWALDS were moved into this apartment by a woman who was driving a white station wagon. This woman transported them and their personal belongings.” 28 While Bray claims there was little contact with the new neighbors, as he and his wife both worked full time, he does recall an astonishing detail: “OSWALD and his wife often quarreled loudly and on occasions these quarrels occurred in the presence of an unknown male visitor who utilized the back stairs to visit the OSWALDS. This man is described only as white male having a chunky build.” (CD6, p. 57)

    “An unknown male visitor who utilized the back stairs”

    A man with a “chunky build” does not square with the known visitors to the West Neely apartment. 29 This man “utilized” the back staircase, which suggests furtive behavior, and he did so more than once (“on occasions”). He is not a casual acquaintance, as he is present during Lee and Marina’s quarreling. These quarrels may have had something to do with this man. Despite this information, there is no record of any follow up with the Brays (Grays). Marina Oswald is never asked during her Warren Commission testimony if she could identify the “chunky” man who arrived up the back stairs and was present during quarrels with her husband. All that appears in the published record is an acknowledgment that there were downstairs tenants at 214 West Neely, who had since moved. This can be understood as a deliberate omission on the part of the Warren Commission, as the staff counsel were well versed in the contents of the Commission Documents.

    Within this atmosphere of intrigue and furtive acquaintance, it is possible to envision a backyard photo session, featuring Oswald and arranged by an as-yet unknown person or persons. With both neighbors working full-time, using the back staircase Oswald and persons unknown could have accessed the backyard, taken three or more photos, and returned to the second-floor apartment without attracting undo attention. This could have happened on a weekday, such as Thursday April 11, 1963, when Ruth Paine shuttled Marina and June Oswald to a visit at her home in Irving. Following this reasoning, the persons unknown could have brought black clothing, the weapons, and the camera with them. The purpose of the photos could have been related to the Walker incident, which would have occurred the previous evening, or for the upcoming provocation involving the Fair Play for Cuba Committee. The backyard photos are not random snapshots, as Oswald’s presentation featured deliberately selected clothing, weapons, and literature. The context of the backyard photos may relate to the intrigues of March/April 1963, and were later appropriated for the patsy operation.

    The Neely Street duplex sat empty for a few months later in 1963. This presents a possibility the backyard photos were created at a later date, with the intent of superimposing Oswald’s face atop someone else’s body. The argument against this, noted by the HSCA photography panel, due to the technical skill required to produce a composite which did not give itself away too obviously, purported forgers would have been content creating one single photo. It is difficult to understand why the Imperial Reflex camera would not also have been stashed within Oswald’s seabags, as the two forged photos must have been. Instead, the camera’s insertion into the record was awkward and required questionable and uncorroborated information from Irving policeman John McCabe.

    There is nothing uniquely incriminating within the backyard photos, and they were not absolutely necessary to the posthumous prosecution of Oswald. For the Warren Report, paper trails trace the mail order firearms to Oswald’s postal box, and paper trails to CPUSA and SWP establish Oswald’s Marxist bona fides. The backyard photos are invoked as secondary confirmation of Oswald’s guilt, but their true influence is marked by their power and value as a photographed image. 30 The backyard photos, whether forged or retrieved from another operation, were placed with Oswald’s belongings for the purpose of public dissemination.

    The introduction of a backyard photo to the Dallas police on Friday night November 22, 1963 was probably not planned and may have been a response to Oswald’s survival, also not planned. The Friday photo may have served the purpose of convincing key personnel of the Dallas police and other investigators that Oswald was the assassin, as Curry, Wade, and Fritz insisted he was during statements to the media when no evidence to support this claim otherwise existed and Oswald proclaimed his innocence.

    Accepting that the backyard photos were not taken by Marina Oswald, and that the Imperial Reflex camera was not owned by Oswald, and accepting that the photos are genuine, it follows that whoever was responsible for these photos was known to Oswald, was known to Ruth Paine, had something to do with the Walker “assassination attempt”, and had a hand in setting up Oswald as the patsy for the Kennedy assassination.


    Notes

    1  This is assuming the backyard photos are “genuine”. If the backyard photos are instead composites, then “who took the pictures” could be rephrased as “who faked the pictures.”

    2  This is how film can be understood as a sort of language, and why these early cinema experiments were influential to 20th century linguistics and similar disciplines. The advertising industry implicitly understands the Kuleshov Effect, and it can be witnessed in full effect many times everyday.

    3  The phrase “hunter of fascists” appears on the back of the de Mohrenschildt version of 133-A. Who wrote it and when is not known.

    4  Bobby Brown, the officer seen in the recreation pose, later told researchers that he was given instructions on how to pose by the Secret Service. See First Day Evidence (Gary Savage), or “Bobby Brown And Oswald’s Ghost(s)” (John Johnson, The Fourth Decade, Volume 5, Number 1).

    5  Testimony of Robert Lee Studebaker, 5 Oct 1978 (http://www.maryferrell.org/showDoc.html?docId=146602) Studebaker had no specific memory of creating prints of backyard photos, although he acknowledged he probably made his own prints of all three backyard poses, as well as the 8×10 enlargement of 133-A (CE134). He assumed that all backyard photo prints were made from their negatives, but never retained or knew what happened to these negatives. He allowed that numerous police officers had copies of these photographs. Studebaker was not asked if he knew how 133-C came into police possession. He did not know under whose instructions Officer Baker assumed the same pose as 133-C during the Nov 29 recreation at Neely Street, or why there was a white cut-out version of the same pose.

    6  For an example of Oswald’s dogmatic thought patterns, see Aline Mosby’s notes from her meeting with Oswald in Moscow November 1959 (CE1385).

    7  As noted by John Newman: “The mail to and from (Oswald’s) address during this period is so unusual for Texas that Oswald was probably watched closely … His mail was so radically left wing that he could have expected to be the subject of FBI scrutiny” (Oswald and the CIA, Chapter 15). The Socialist Workers Party was listed as a subversive organization. Oswald never appeared on any security index even as persons with far less radical contact did.

    8  Oswald professed dismay and disappointment with the Soviet Union, but his life in Minsk represented the high point of his short life. He received a good salary, he had friends and girlfriends, a nice apartment, and was not prone to the introverted secretive behavior seen on his return to America.

    9  Gary Taylor would serve as Oswald’s driver for about a month, shuttling him to several homes associated with the Dallas White Russian community, for visits with Marina. Oswald would also visit the Taylor apartment, where he and Gary Taylor would engage in political debates (CD60, pp. 3-6).

    10  Coz-I-Eight Apartments 1306 North Beckley; 604 Elsbeth; 214 West Neely; 621 North Marsalis (the Bledsoe rooming house); 1026 North Beckley. see The Cozy Eight Apartments (R.F. Gallagher, The Fourth Decade, Volume 5 Number 1). During a March 3, 1964 FBI-led tour through the neighborhood, Marina Oswald had the rooming house at 1026 North Beckley pointed out at her request. She stated “she had often seen this house because it was situated near a bus stop which she and her husband had used” (CE1838). Lake Cliff Park, mentioned in Marina’s testimony several times, also by Ruth Paine, is within walking distance of these addresses. Oswald’s denouement on 11/22/63, from the North Beckley rooming house to the Texas Theater, played out, for him, on very familiar turf.

    11  Apartment 2, 604 Elsbeth was the address provided to the Warren Commission by the landlord M.F. Tobias. Oswald himself would refer to 602 Elsbeth (CE427), or 602 Elsbeth, Apt 2. On file at the 112th Military Intelligence group in San Antonio, cross linked to file name AJ Hidell, “Harvey Lee Oswald” was listed as residing at 605 Elsbeth. “Harvey Lee Oswald” with address “605 Elsbeth” was the first name which appeared on DPD Lieutenant Jack Revill’s Texas School Book Depository employee list, drawn up early on the afternoon of November 22, 1963.

    12  P.O. Box 2915, the postal box which A Hidell allegedly used to receive the murder weapon of JFK, was therefore also the postal box for communications from the Oswalds to the Soviet Embassy in Washington from the beginning of 1963 through the 17th of May, when a change of address card was sent from New Orleans. All communications and subscriptions to and from socialist organizations were also received at this PO box. How a mail-order rifle, addressed to an A Hidell, could arrive at a PO Box which also hosted activity from the Soviet Embassy and communist/socialist newspapers, without any alert or notice generated, is inexplicable.

    13  See Peter Dale Scott, Deep Politics and the Death of JFK, Chapter 15, “Oswald as an Informant for the Government,” and Chapter 16, “Oswald as a Double Agent for Hoover.”

    14  Richard Nagell, also known to use the Hidell alias, and who may have been Oswald’s “control agent” for American intelligence or Soviet intelligence or both, was in Dallas in October 1962 as Oswald first dropped off the radar, and also in February and April 1963.

    15  See the Volkmar Schmidt interview with researcher Bill Kelly. Schmidt told Kelly this meeting came about because he “wanted to study Russian.” Ruth Paine would say essentially the same thing about her desire to meet Marina Oswald, and the same motivation was used to explain a mysterious visit to the Paine residence in Irving a few days ahead of the assassination by Col. J. D. Wilmeth.

    16  Schmidt’s account was not made contemporaneously; it was first aired in Edward Epstein’s 1978 book Legend: The Secret World of Lee Harvey Oswald. Beginning in the early 1990s, at the time of the release of Oliver Stone’s JFK, Schmidt, along with Michael Paine, began making appearances on mainstream television documentaries espousing a lone-nut analysis of Oswald.

    17  Michael Paine would not attend this event due to a “cold”.

    18  Marina specifically says that she and her daughter would return to Leningrad while her husband would stay in the United States. Marina sends another letter dated March 17, with a questionnaire received from the Embassy filled out. On April 18 the Embassy responds cautiously, suggesting she travel to them for an interview. On May 15 the Embassy was sent a change-of-address card switching the Oswald’s address from Box 2915 Dallas to Magazine St in New Orleans. In the next letter, dated July 1st, Lee Oswald is now included as part of the request to return to the Soviet Union. Marina claims their lives are hard, and incorrectly states her husband is “often unemployed” (Oswald had been unemployed for four days the previous October, and for about three weeks in April). For his part, Oswald allows, in an included hand written letter, that the visas for his wife and himself could be considered “separately.” A response comes in August, then no activity until November 1, when a change of address card is sent to switch from New Orleans to a new Dallas P.O. box. The next day, a bizarre typewritten letter which describes a Mexico City meeting with “comrade Kostin”, is mailed to the Embassy. The letter is postmarked November 2, but dated November 9. Previous communications from both Lee and Marina were handwritten (CE986).

    19  Jeanne de Mohrenschildt, WC testimony, April 24, 1964.

    20  Oswald’s calm demeanor under pressure was observed during the street confrontation in New Orleans August 1963, and during his interrogations after the assassination. Richard Nagell: “Let me tell you, he was a cool customer.” Michael Paine: “I think Lee knows how to keep his temper, knows how to control himself.”

    21  The Walker surveillance photo in question was determined, by the presence of a building under construction in its background, to have been photographed somewhere between March 8-12, 1963. Oswald was working at Jaggars-Chiles-Stovall every one of those days from morning to late afternoon with the exception of March 10.

    22  The Schmidt brothers are not related to Volkmar Schmidt. A second-hand story told to Russell in The Man Who Knew Too Much has Oswald hanging with Larrie and Bob Schmidt, drinking heavily, calling out Walker as a “no good son of a bitch” and then, on Oswald’s suggestion, retrieving his rifle and driving to the general’s home to take a pot shot. It is difficult, at face value, to believe a committed ideologue such as Larrie Schmidt would put all his endeavors at risk committing a capital crime on a drunken whim.

    23  Deutsche National-Zeitung und Soldaten-Zeitung, November 29, 1963. A reporter in the hallway of the Dallas Police Department asked Jesse Curry on Saturday November 23 about the possibility that Oswald may be connected to the Walker attempt the previous spring. Curry said he had no information. The context by which the reporter formulated the question is not known. The Munich newspaper’s story of communist Oswald revealing his true nature and loyalties ahead of the JFK assassination, has similar intentions to published stories generated by members of the DRE in Florida and New Orleans.

    24  Oswald had been using Dallas post office box 2915 for his mail, but there does exist a change of address form dated March 6, 1963, switching from Elsbeth to West Neely. The envelope containing Marina’s first letter to Ruth Paine (with the map of the new address), did had a return address: 214 Neely St., postmarked March 8 (CE404-A). The FBI’s Hosty obtained the Neely address on March 11 from a source at the Dallas Post Office. Gary Taylor said his source was the Elsbeth Street landlords. Oswald’s change-of-address form sent from New Orleans on May 12, 1963 lists his old address as P.O. Box 2915 (CE794).

    25  Gus Russo would claim in his book Live By The Sword that interviews he conducted in 1993 with former employees from The Militant confirmed that a backyard photo was sent to the paper and caused consternation. “After the assassination, Farrell Dobbs directed that the photograph, together with ‘every scrap of paper’ mentioning Oswald, including his subscription plate, be swept from the files and given to William Kunstler … ” (Live By The Sword, endnotes p. 537). In fact, Dobbs, the National Secretary of the Socialist Worker’s Party, publisher of The Militant, brought all existing communications to and from Lee Oswald with him to his Warren Commission testimony, whereby they became Commission Exhibits. Dobbs approached his Commission testimony carefully, appearing with legal counsel. It is hard to imagine a backyard photo, or any other artifact from Oswald, being deliberately withheld from the Commission as the potential repercussions would be great, and there would be reason to suspect an informant might already have reported the receipt of such a photo. No legal counsel for Dobbs would have advised anything but full disclosure. An informant had reported details of a “closed membership meeting” of the SWP held November 27, 1963 during which responses to Oswald’s connections to The Militant and the SWP were discussed with concern, and no photo was mentioned (CE2213).

    26  Oswald wrote to his brother in mid-March, describing success developing his photography skills at J-C-S, and claiming he was in line for a raise. Testimony to the Warren Commission by Oswald’s immediate supervisor John Graef and by the firm’s owner Richard Stovall suggest that Oswald was let go because he had no aptitude for the job. Noting that Oswald frequently volunteered for Saturday overtime shifts, Graef stated: “his work didn’t come up to the quality that we needed so it was very, very seldom that we ever brought him in unless we … had an urgent work that absolutely had to go … ” But Oswald worked every Saturday in the month of March, and also Saturday April 6, his final day at the firm after being let go, supposedly, for his poor work. The Warren Commission published, as Exhibits, the J-C-S timecards which show these six-day weeks (CE 1855/1856).

    27  Dick Russell, The Man Who Knew Too Much, Chapters 15 & 17.

    28  This description cannot help but bring to mind Ruth Paine. If it was, then for an unknown reason this activity was never mentioned in her testimony, or in the testimony of Marina Oswald. Marina holds that she and Oswald moved themselves on foot. If this was Ruth Paine, then the card Marina sent her five days later with a map to the new address becomes odd (CE404-A). It may have been a member of the White Russian community. In a discussion of this on the Education Forum list, researcher Greg Parker notes the descriptive similarity between the white station wagon seen by Gray, and the “white Nash Rambler station wagon” seen by Roger Craig outside the Texas School Book Depository in the immediate aftermath of the assassination. Craig’s observation was supposedly met by a response from Oswald: “That’s Mrs Paine’s car, you leave her out of it.”

    29  Speculatively, this person could range from Richard Nagell to the FBI’s James Hosty to Jack Ruby, or someone unknown. Nagell was in Dallas in April 1963, in part to monitor Marina Oswald. Nagell said of Marina: “I’ve seen her but never met her. There is the possibility she has seen me with other people.” On January 18, 1964, Marina Oswald was interviewed for two hours by Secret Service SA Jamison “re Richard Case Nagell” (CD 379, p. 6).

    30  If the backyard photos were faked, it means that all items within the photo were deliberately chosen by the forgers. The odd inclusion on the Oswald figure is then the pistol. It invokes the Tippit slaying, but how could the Tippit slaying be anticipated months ahead? Perhaps a shootout with the pistol-carrying assassin was the anticipated event.

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    The Evidence IS the Conspiracy, Table of Contents