Tag: FORENSIC EVIDENCE

  • Vincent Bugliosi, Reclaiming History: The Assassination of President John F. Kennedy


    W.W. Norton & Co., New York, NY, 2007. 1612 pages plus CD-rom, $49.95.


    “[A]lthough there have been hundreds of books on the [JFK] assassination,” Vincent Bugliosi writes in the introduction to Reclaiming History, “no book has even attempted to be a comprehensive and fair evaluation of the entire [italics in original] case, including all of the major conspiracy theories.”[1] Indeed, no book has – not even this 1612-page book, supplemented by a CD-rom containing 958 pages of endnotes – although not because it is too short.

    The gigantic swing that Bugliosi takes is easily the most ambitious one-person undertaking ever published on the Kennedy assassination. Bugliosi, the famous Charles Manson prosecutor, devotes more than 1400 pages of text and endnotes to “reclaiming” the lost truth as first set forth by the Warren Commission. He then devotes 900 more pages of text and endnotes to pounding myriad “conspiracy theorists” whose efforts over the years, Bugliosi claims, have wrought a grave injustice on the Commission and performed a “flagrant disservice to the American public.”[2]

    It is not just that critics have convinced 75 percent of Americans (Bugliosi’s figure [3]) to reject the official truth, which he says happens to be the real truth. These critics, Bugliosi contends, are also responsible for a widespread loss of faith in once-respected institutions. Such widespread skepticism, “gestating for decades in the nation’s marrow,” he writes, “obviously has to have had a deleterious effect on the way Americans view those who lead them and determine their destiny. Indeed, Jefferson Morley, former Washington editor of the Nation, observes that Kennedy’s assassination has been ‘a kind of national Rorschach test of the American political psyche. What Americans think about the Kennedy assassination reveals what they think about their government.’”[4] To those who might wonder if more than 1600 pages of text and 900 pages of endnotes were really necessary, Bugliosi says that the problem is so severe that nothing less would have sufficed.

    Although Warren Commission skeptics might not welcome this gargantuan new salvo, there is no denying that Bugliosi’s Herculean effort is an historic and important contribution. It is valuable not only as a reference for the myriad facts in the case and for debunking some of the pro-conspiracy codswallop that has not elsewhere already been debunked (most of it has been, if one has the time to find it). The book’s use also lies in demonstrating that it may not be possible for one person to fully master, or give a fair accounting of, this impossibly tangled mess of a case. In fact, despite Bugliosi’s pugnacious pummeling, he hasn’t laid a glove on major elements of the case for conspiracy.

    And, regrettably, it must be said that the most distinguishing characteristic of this book is its demagogic pugnacity. Bugliosi cleaves the world of opinion holders neatly in two – sensible Warren Commission loyalists and conscious evildoers, the “conspiracy theorists.” He allows, however, for the occasional sincere dupe. Although his prosecutorial, conclusions-driven style is redolent of Gerald Posner’s in Case Closed, the last attorney-written book to defend the Warren Commission, Bugliosi’s endless self-congratulation and his arrogant condescension make his book far more insufferable.

    These traits may have served Bugliosi well as a Los Angeles County prosecutor where, he boasts, he won felony convictions in 105 of 106 jury trials. [5] They may have helped him knock out true-crime books, including his famous book about the Manson murders, Helter Skelter. But his arrogance is of little use in untangling the hopelessly conflicted facts in this 44-year old national tragedy. His incessantly hurling slurs such as “deranged conspiracy theorist,” “crackpot,” “con man,” “kook,” and “huckster” at virtually all critics inevitably carries a whiff of buffoonery and anxious self-promotion about it. And that’s particularly the case when he’s flat-out wrong on the facts.

    A typical example is Bugliosi’s mocking of skeptics who say that Robert Kennedy was, to borrow from Bugliosi, a “conspiracy theorist.” He counters not with an informed discussion, but by producing an RFK quotation of support for the Warren Commission.[6] Ironically, in the very week that Bugliosi’s book premiered, a new best-selling book by David Talbot, Brothers, was published proffering book-length documentation of something skeptics have long known and Bugliosi could have known if he had really looked: While RFK toed the official line in public for the obvious, political reasons, in private, and until the day he died, he remained active as, to borrow from Talbot, “America’s first assassination conspiracy theorist.” [7] But if one peers past Bugliosi’s conclusions-driven narrative, past his errors of fact and interpretation and past his snarky, self-congratulatory tone, there is much to be thankful for in this book. His writing is generally lucid and engaging and his compilation of facts from disparate sources is a remarkable achievement and an astonishing boon to all students of the case. For whether one agrees with Bugliosi or not, he has provided an almost encyclopedic repository of the innumerable facets of the case, particularly those useful to Warren Commission loyalists. But this can be as much a curse as a blessing. For the book is so jammed with endless, repetitive, and often inessential details – especially those implicating Oswald – that the general reader may find it impossible to make out the forest amid Bugliosi’s endless trees.

    A few of words of advice are in order about who should read the book and how to read it. First, this is probably not a book for novices, because Bugliosi provides so many peripheral details that one can easily lose the thread or lose interest in the thread. Second, serious students of the case, and even casual readers, are advised to read the book with the included CD-rom running on a computer. For not only is some of the most important material available only in the CD-rom’s 958 pages of endnotes, but the endnotes occasionally qualify the text so much that the net effect is to eviscerate the sweeping generalizations on the printed page. But one need not read the entire book to find value.

    Bugliosi marvelously chronicles the events surrounding that day in Dallas in a section entitled “Four Days in November.” It may be the best hour-by-hour timeline in print. The 300-plus pages he devotes to the events between 6:30 a.m. on Friday, November 22, the day of the assassination, through Monday, November 25 leave out almost nothing of significance. And his narrative is strengthened by this section’s lack of invective and disparagement. He reserves those features for the remainder of Reclaiming History, turning it into a distracting and tiresome screed more fit for settling scores than history. Few of the remaining 2000-plus pages are free of his cheap shots, his bitter denunciations, and his often silly remonstrations. That is not to say his criticisms are entirely invalid.

    For, as with the sinking of the Maine, the attack at Pearl Harbor, the Gulf of Tonkin incident, Sept. 11, and the events at Roswell, New Mexico, the Kennedy case has attracted its share of the febrile-minded. If such people are looking for a good remedy, then Reclaiming History offers it. Want to know why Jimmy Files, a 20-year old mafia wannabe didn’t shoot JFK from the grassy knoll with a Remington Fireball – a .222-caliber, single shot pistol?[8] Want to know why the father of actor Woody Harrelson wasn’t one of the notorious “tramp” conspirators who were picked up near Dealey Plaza right after the fact? [9] Want to know why Secret Service Agent George Hickey didn’t accidentally shoot JFK while riding in the car behind the President’s? [10] The answers are in Bugliosi’s book.

    But Bugliosi makes scant allowance for the fact that not all crackpot theorizing arises ex vacuo from febrile minds. It wasn’t exactly one of Bugliosi’s “kooks” who kicked off the Vietnam War by spinning the yarn about an unprovoked attack in the Gulf of Tonkin on August 4, 1964. [11] Had the government not initially reported finding a UFO at Roswell, New Mexico, and then changed its story – twice – “con men” would have been deprived some of the juicy grist they used in their mills. [12] And, although there may indeed have been “hucksters” behind the U.S. Environmental Protection Agency’s reassurances that the toxic air at Ground Zero was safe, they were the sort of official hucksters Bugliosi laments that the public no longer trusts in the wake of skeptics having scuttled the Warren Commission’s ship in the public’s mind. [13]

    But it is not just crackpots who have given up the faith; so also has the government itself. Two independent teams of seasoned, government investigators assembled by the Church Committee and the House Select Committee on Assassinations (HSCA) concluded that, as the HSCA put it, “It is a reality to be regretted that the [Warren] Commission failed to live up to its promise.” [14] Bugliosi never mentions this finding. Nor does he mention any of the harshest of the official critiques. Instead he offers only a few of the milder ones, which he then nitpicks and dismisses, in order to stand foursquare with the Warren Commission. The Commission’s key failing was not investigating the murder itself, but instead handing the job over to the FBI, which, the HSCA determined, had “generally exhausted its resources in confirming its case against Oswald as the lone assassin, a case that Director J. Edgar Hoover, at least, seemed determined to make within 24 hours of the assassination.”[15] The Church Committee also discovered that “derogatory information pertaining to both [Warren] Commission members and staff was brought to Mr. Hoover’s attention … .”166 One can only wonder if the notorious Hoover might have sought such information as insurance that the Commission wouldn’t deviate from Hoover’s lone nut theory – one that exculpated the Bureau and Hoover for not shielding JFK from a successful plot. Nowhere in Bugliosi’s 2500 pages will you find any of these official findings.

    Bugliosi also withholds the Church Committee’s most scathing assessments of the Bureau’s efforts and instead offers a quotation from the committee’s report that seems to praise it: “The FBI investigation of the Assassination was a massive effort.” [16] Bugliosi omits a more representative, and telling, assessment that appears on the very same page of the committee’s report: “Almost immediately after the assassination, Director Hoover, the Justice Department and the White House ‘exerted pressure’ on senior Bureau officials to complete their investigation and issue a factual report supporting the conclusion that Oswald was the lone assassin. Thus, it is not surprising that, from its inception, the assassination investigation focused almost exclusively on Lee Harvey Oswald.” [17]

    Bugliosi does not even once mention what may be the Church Committee’s most important, and damning, conclusion about how the FBI, CIA, Secret Service, and other investigative agencies were affected by so powerful a lobby as Hoover, the Justice Department and the White House, all urging that the focus be kept solely on Oswald. The Committee wrote that it had “developed evidence which impeaches the process by which the intelligence agencies arrived at their own conclusions about the assassination, and by which they provided information to the Warren Commission. This evidence indicates that the investigation of the assassination was deficient and that facts which might have substantially affected the course of the investigation were not provided the Warren Commission or those individuals within the FBI and the CIA, as well as other agencies of Government, who were charged with investigating the assassination.” [18] That verdict was reaffirmed in a new book about the CIA, Legacy of Ashes by New York Times journalist, Tim Weiner, who wrote that, in their investigation of the Kennedy assassination, the FBI and CIA’s “malfeasance was profound.”[19]

    In the interests of full disclosure and before addressing specific evidence, I note that I am one of the many people Bugliosi consulted while writing Reclaiming History. He wrote to me on numerous occasions and quotes me in his book, treating me much more gently than he does most non-believers. Comparing our pleasant, prepublication exchanges with what ended up on his cutting room floor was quite an eye opener. To convey to readers just how selective and conclusions-driven Bugliosi’s book is, and because of the impossibility of comprehensively reviewing so massive a book, this review will highlight the bullet evidence – evidence so central that two of Bugliosi’s most favored sources have called it the “Rosetta Stone” of the Kennedy case – evidence that, by itself alone, proves that Oswald did it. [20] I hope that my discussion of the bullet evidence will make clear why this detail-drenched book ultimately falls, and why the case for conspiracy still stands.

    The Bullet Evidence in the JFK Case

    Because only three expended shells were found in the “sniper’s nest” in the Texas School Book Depository, and because it is accepted that one shot missed, it follows that, if Oswald did it, he must have done all of it – inflicted seven wounds in JFK and Governor John Connally – with only two bullets. Bugliosi insists that the evidence shows precisely that – that two bullets, and only two bullets, hit their mark in JFK’s limousine, and both were fired from Oswald’s Mannlicher-Carcano rifle. Bugliosi’s proof is two-part and straightforward.

    First, a bullet, Warren Commission Exhibit #399, mocked by skeptics as the “magic bullet” because it was virtually undamaged after an amazing odyssey during which it supposedly broke three bones in two men, was supposedly found on a stretcher at Parkland Hospital. The FBI reported that the unique pattern of grooves etched onto the surface of #399 had been caused by unique impressions on the inside of the barrel of Oswald’s rifle and so proved that #399 had been fired from Oswald’s rifle, to the exclusion of all other rifles in the world. Second, all the fragments recovered from both victims, JFK and Governor John Connally, were shown by a sophisticated scientific analysis – neutron activation analysis [NAA] – to trace to just two bullets. They came either from #399 or from a second bullet, two large remnants of which were found in the limousine. And FBI tests proved that the second bullet, like #399, had also come from Oswald’s rifle.

    Reflecting its importance to the anti-conspiracy community and himself, Bugliosi devotes great attention to NAA, stating that it confirms that all the smaller recovered fragments came from one or the other of these two bullets alone. The small fragments recovered from Governor Connally, for example, were shown by NAA to have been dislodged from #399, the stretcher bullet. And fragments removed from JFK’s brain at autopsy matched the bullet fragments found in the limousine. Thus, Bugliosi argues, with only two bullets from Oswald’s rifle in play, not only is there is no need for a third bullet, nor a second assassin, but there is no possibility of either. Although Bugliosi does a masterful job of persuasively laying out the NAA case, what he omits cuts the heart out of his thesis.

    Neutron Activation Analysis of Bullet Evidence

    First elaborated before the House Select Committee on Assassination’s re-analysis of Kennedy’s murder in 1977, NAA is a sophisticated scientific technique. Although it has since been abandoned because the results of the technique have been wrongly interpreted in legal cases, NAA had been used by the FBI and police to identify bullets from a crime scene and to match recovered fragments to specific bullets. It turns out that the Kennedy case was the first instance in which NAA was used to make such matches. The technique involves measuring miniscule levels of “impurities” that are commonly found in bullet lead; typically, the levels of antimony (Sb), silver (Ag) and copper (Cu) are measured. Vincent Guinn, an authority on NAA, put JFK’s bullet evidence to the test for the HSCA and, against all expectations at the time, testified that NAA seemed inextricably to tie Oswald to the crime. In recent years, NAA has been championed by only two individuals – whose work Bugliosi endorses – a retired atmospheric chemist, Ken Rahn, Ph.D, and Larry Sturdivan, the coauthors of two papers on the topic in 2004.[21]

    Drawing on the work of Guinn, Rahn, and Sturdivan, Bugliosi explains that NAA proved useful in the Kennedy case only because of an unusual feature of the bullets that Oswald had used. “When subjected to NAA by Dr. Guinn,” Bugliosi writes, “all five of the specimens produced a profile highly characteristic of the Western Cartridge Company’s Mannlicher-Carcano ammunition.”[22] That profile, Guinn had testified, was that with Mannlicher-Carcano (MC) bullets the amounts of trace components varied between bullets, but didn’t vary within a single bullet. To understand what he meant, think of MC bullets as one might think of crayons. Within a box of crayons, although each individual crayon is only one, distinct color, all the individual crayons are distinctly different colors. If one took slivers from different crayons and mixed them up, they would still be traceable to the crayon of origin because each sliver would retain the color of the crayon it came from.

    Based on Guinn’s work, Bugliosi argues that NAA showed that the lead from MC bullets and fragments could be traced the same way one might trace crayons and their fragments. Just as within a given crayon the color is uniform throughout, so, Guinn said, NAA showed that the level of antimony is uniform throughout the lead in each MC bullet. Put another way, NAA can prove whether bullet fragments came from one or more bullets because all the fragments from a single bullet have the same trace amount of antimony – whether they came from the bullet’s head, midsection, or tail – just as slivers from a single crayon have only one color. But if they came from two MC bullets, the NAA would show two groupings of antimony, just as slivers from two crayons would show two groupings of color. If they came from three MC bullets, the NAA would show the fragments falling into three groups, and so on. By contrast, in most other types of bullets, the quantity of antimony does not vary from bullet to bullet. If they were crayons, they would all be of the same color. But “[e]ven more interesting,” Bugliosi elaborates, “the [NAA] results fell into two distinct groups … all five specimens had come from just two bullets. … [T]he large fragment found in the limousine, the smaller fragments found on the rug of the limousine, and the fragments recovered from Kennedy’s brain were all from one bullet.”[23] The limousine fragments, in other words, came from the shot that hit Kennedy in the head. But, Bugliosi continues, Guinn’s “most important conclusion by far, however, scientifically defeating the notion that the bullet found on Connally’s stretcher had been planted, was that the elemental composition and concentration of trace elements of the three bullet fragments removed from Governor Connally’s wrist matched those of a second bullet, the stretcher bullet [#399]. The stretcher bullet, then, had to be the one that struck Connally … .”[24]

    Thus, according to Bugliosi, the NAA “Rosetta Stone” of the JFK case had established three central facts. First, the varying levels of trace components detected by NAA proved that all the fragments came from the type of ammo used in Oswald’s rifle. Second, the fragments recovered from JFK’s brain and from the limousine all came from a single bullet. Third, only one other bullet, #399, could have played a role, and it could not have been planted because NAA showed that all the remaining fragments – those extracted from the governor – had come from #399. Thus, Bugliosi tells us, with NAA’s confirming that only two bullets from Oswald’s rifle were involved, the possibility of a third bullet and a second gunman had been excluded scientifically. But, not only can none of these claims withstand scrutiny, Bugliosi certainly knew of their serious weaknesses but withheld them from his readers.

    Neutron Activation Analysis: Critique

    Regarding the first supposed central fact – that varying trace components prove that the fragments came from Mannlicher-Carcano lead – one obvious problem with this claim is that it fails simple logic – it begs the question. In arguing that the varying levels of antimony in the recovered bullets and fragments proves that the ammo came solely from Oswald’s ammunition, Bugliosi has assumed as true that which is in dispute. The fact that there were varying levels of trace components scarcely eliminates the possibility of different types of bullets. Rather, varying levels is precisely what one would expect if different assassins had fired different types of bullets. [25] In other words, despite NAA’s amazing accuracy in measuring trace components, it did not prove that only one type of bullet had been fired.

    Bugliosi’s science isn’t much better than his logic. In a long endnote, Bugliosi acknowledges several recent studies that have cast such doubt on the value of NAA in matching bullets that the technique has been all but abandoned by crime investigators. [26] Yet he writes that, “no one has successfully challenged the findings of Dr. Guinn in the Kennedy assassination,”[27] as if the very studies he cited had not already eviscerated Guinn’s finding, which, in fact, they had. As is now well known from the very research that Bugliosi cites, the lead found in MC bullets is not at all unique or even unusual. In fact, it’s rather common.

    As two scientists from Lawrence Livermore Lab, metallurgist Erik Randich, Ph.D, and chemist Pat Grant, Ph.D, reported in an article in the Journal of Forensic Science in 2006 (which Bugliosi cites), “The lead cores of the bullets [Guinn] sampled from [Western Cartridge Company’s] lots 6000-6003 contained approximately 600-900 ppm antimony and approximately 17-4516 ppm copper (with most of the copper concentrations in the 20-400 ppm range). In both of these aspects, the … MC bullets are quite similar to other commercial FMJ [full metal jacketed] rifle ammunition.” Thus, the scientists conclude, the JFK bullet fragments “need not necessarily have originated from MC ammunition. Indeed, the antimony compositions of the evidentiary specimens are consistent with any number of jacketed ammunitions containing unhardened lead.” (my emphasis) [28]

    Using exquisite photomicrographs (photographs of enlarged microscopic images) of MC bullets cut in cross-section as proof, Randich and Grant also demolished the second and third pillars of Guinn’s case for NAA – that individual MC bullets have uniform levels of antimony. In fact, like most jacketed ammunition, the antimony in MC bullet lead “microsegregates,” that is, it clumps around microcrystals of lead during cooling, and so variations in antimony from one part of the bullet to another are to be expected. In other words, the bullets are not like single-colored crayons, they said, in effect. Instead, if I may offer yet another metaphor, MC bullets are more like a marbled cut of beef. Just as the amount of fat in a sliver taken from a single piece of marbled beef can vary depending on where it is snipped, so too can the amount of antimony vary in fragments snipped from different parts of a single bullet. Thus, Randich and Grant not only rebutted the claims that Bugliosi made regarding Guinn’s original NAA work; they also upended the published claims made by anti-conspiracists Rahn and Sturdivan. However, unlike Rahn and Sturdivan, Randich and Grant have (they have told me) no opinion on the conspiracy question – both remain entirely agnostic. [29]

    Bugliosi doesn’t ignore Randich and Grant. He dismisses their paper on the sole basis of a personal letter (which he reprints in a long endnote) from the longtime anti-conspiracist, Larry Sturdivan, the very man who came up with the idea that NAA was the JFK “Rosetta Stone” in the first place! Unfortunately, like Guinn and Rahn before him, Sturdivan had no metallurgical expertise. [30] So it was no surprise when, in his “refutation,” Sturdivan repeated Guinn’s apparent error, saying, without offering proof, that JFK’s bullet fragments were identifiable as MC shells because they had the near-unique NAA profile typical of those bullets, [31] a profile that the scientists from Lawrence Livermore Lab say does not exist. “Any number of jacketed” rounds, they said, would have produced the same NAA profile as JFK’s fragments.

    But perhaps the most telling aspect of this story is how Bugliosi, who endlessly touts his high standards of scholarship, dealt with these flatly contradictory analyses. He had to choose between the personal remarks of a longstanding anti-conspiracy NAA proponent with unremarkable credentials and those of two conspiracy-agnostic Lawrence Livermore Lab scientists with superb credentials writing in the peer-reviewed scientific literature, and he chose the former.

    Given the importance that Warren Commission loyalists have attached to this evidence, a scholar of any merit would have checked the claims in Sturdivan’s personal letter with someone in a position to know – if not Randich or Grant, then some other authority on bullet metallurgy. Bugliosi apparently didn’t do that, which I discovered only when I contacted Randich and Grant myself. Both told me that Bugliosi had never once contacted them – whether about their paper, about Sturdivan’s “refutation,” or about anything else. And, in rejecting Randich and Grant to embrace Sturdivan’s conclusions, Bugliosi cites no one but Sturdivan, who is as demonstrably inexpert as he is interested in perpetuating NAA as the “Rosetta Stone” of the Kennedy case.

    Ironically, it might have saved Bugliosi considerable embarrassment if he had gotten a second opinion. For in the very week that Reclaiming History was released, a second scientific report was published – this one by a team led by Texas A&M statistician, Clifford Spiegelman, Ph.D, and a 24-year veteran of the FBI Lab, William Tobin, Ph.D – that added additional doubts to those voiced by Randich and Grant about the statistical model that Guinn, Rahn, and Sturdivan had used in making their NAA case. Calling Guinn, Rahn, and Sturdivan’s statistical analysis “fundamentally flawed,” Spiegelman and Tobin demonstrated that, properly used, statistical models show that Kennedy’s bullet fragments could have come from more than two bullets – even as many as five. Thus, all the pillars undergirding the NAA “Rosetta Stone” have collapsed. Not only does the historic NAA data not exclude the possibility of a second assassin, it can’t even prove that all the fragments came from the MC rounds that Oswald supposedly used. [32]

    In a recent interview, Bugliosi was asked about the new NAA developments. “Can you talk about the new findings on bullet fragments from the scene?” Bugliosi answered, “These former FBI agents [sic] came up with a statement, and people are asking around the country about this new story. Here’s how new it is – it’s in my book. They’re talking about neutron activation analysis. It was simply corroborative.” [33] Indeed, Spiegelman and Tobin’s study was corroborative – but of Randich and Grant, in refuting Bugliosi. And Spielgelman and Tobin’s new study, of course, is not in Bugliosi’s book.

    Warren Commission Exhibit #399 and the Kennedy case

    Bugliosi loses another big round in a second important controversy regarding the bullet evidence, this time involving the bona fides of Warren Commission Exhibit #399. Doubts about the magic bullet have persisted because the official version had it that, despite breaking three bones in two men, #399 nevertheless emerged with no damage whatsoever to the business end of the bullet – the tip – and suffered only a minor flattening of the base of the slug. Bugliosi tackles the subject by focusing on knocking down skeptics “who cling to the belief that the stretcher bullet (#399) was planted” in order to frame Oswald. [34]

    Although there is no denying that #399’s near-pristine appearance had, at one time, sparked speculation it had been planted on the stretcher at Parkland, virtually no one argues that anymore. But what critics argue today instead represents an altogether more menacing opponent that, despite much flailing, Bugliosi never manages to land a blow against. New evidence suggests that the problem with #399 is not that it was planted on a hospital stretcher, but that it may not be the same bullet that was found on a stretcher. In our correspondence, Bugliosi and I explored this issue in some detail, as we will see.

    The story begins when the Warren Commission asked the FBI to chase down #399’s chain of possession. Records show that the Bureau sent the bullet back and forth to Dallas in June 1964, filing a report with the Warren Commission on July 7, 1964, which the Warren Commission published as Exhibit #2011. The report said that Dallas FBI Agent Bardwell Odum had shown #399 to the two Parkland witnesses who had first seen a bullet on the stretcher: Darrell Tomlinson, who discovered it on the stretcher, and O.P. Wright, the hospital personnel director and former police officer whom Tomlinson called over to look at it. [35] The report also said that both had told Odum that, although #399 “appears to be the same one” that had been on the stretcher, neither could “positively identify” it, meaning that they had not carved their initials on the bullet found on the stretcher as positive proof.

    But Exhibit #2011 told an oddly different story about the next two men in the bullet’s chain of possession. Secret Service Agent Richard Johnsen, who collected the bullet from Wright at Parkland, and James Rowley, the chief of the Secret Service, told the FBI that they “could not identify this bullet (#399) as the one” – the bullet found on the stretcher at Parkland. Intriguingly, a declassified FBI memo dated June 24, 1964, from the special agent in charge of the Bureau’s Washington office to J. Edgar Hoover, told the same story as #2011: Johnsen and Rowley “were unable to identify” #399. [36] Neither the June 24th memo nor the Bureau’s July 7th report to the Warren Commission explained what they meant by “unable to identify.” Did the Secret Service agents mean they were merely unable to “positively identify” #399? Or unable identify it at all? There are no extant records, old or new, showing that either the Warren Commission or the Bureau investigated further.

    The mystery deepened two years later when a one-time Yale and Haverford philosophy professor, Josiah Thompson (then working for Time/Life), interviewed O.P. Wright. As Thompson described it in his classic book, Six Seconds in Dallas, “I then showed him photographs of CE 399 … and he rejected all of these as resembling the bullet Tomlinson found on the stretcher. Half an hour later in the presence of two witnesses, he once again rejected the picture of # 399 as resembling the bullet found on the stretcher. … As a professional law enforcement officer, Wright has an educated eye for bullet shapes.”[37]

    And there the conflict lay, undisturbed, until after the passage of the JFK Records Act, when I requested the complete file of FBI reports on #399. If the FBI’s report of July 7, 1964 (#2011) to the Warren Commission was accurate, I was certain that there would be an “FD-302” written by Dallas Agent Bardwell Odum recounting that the Parkland witnesses, Tomlinson and Wright, had told him that #399 looked like the stretcher bullet. This is because 302s are the reports that agents submit after doing field investigations, and Odum would certainly have sent one in after tracking down the witnesses who found one of the most important pieces of physical evidence in the case.

    But after petitioning both the FBI and the National Archives, and after the National Archives conducted a special search on my behalf, I was informed that there was no such report in the files. Nor were there 302s of any kind from Dallas concerning the magic bullet. Worse, in what the National Archives told me was the complete file, there was only a single report from the FBI’s Dallas office about #399. It was written on June 20th – before the FBI’s July 7th report (#2011) that said that Tomlinson and Wright thought that #399 “appears to be the same one” found on the stretcher. But the June 20 report said nothing of either Tomlinson or Wright’s having said that #399 resembled the stretcher bullet.[38] In fact, it suggested precisely the opposite.

    The June 20 report was a formerly suppressed FBI “Airtel” from the head of the FBI office in Dallas (“SAC, Dallas” – i.e., Special Agent in Charge, Gordon Shanklin) to the head of the FBI, J. Edgar Hoover. It reads, “For information WFO [Washington Field Office of the FBI], neither DARRELL C. TOMLINSON, who found bullet at Parkland Hospital, Dallas, nor O. P. WRIGHT, Personnel Officer, Parkland Hospital, who obtained bullet from TOMLINSON and gave [it] to Special Agent RICHARD E. JOHNSON, Secret Service, at Dallas 11/22/63, can identify bullet.”[39] As this was the only Dallas record on #399, one can only wonder where the Washington office got the information that they reported to the Warren Commission on July 7, 1964 that Tomlinson and Wright had said that there was a resemblance between #399 and the stretcher bullet. So what about the field agent, Bardwell Odum, who is named in #2011 as having heard the Parkland witnesses say that there was a resemblance?

    With Josiah Thompson’s help, I tracked Odum down in 2002 and sent him the original July 7th FBI report and the June 20, 1964 FBI Airtel from Dallas. In a recorded call we had the following exchange:

    GA: “[F]rom what I could gather from the records after the assassination, you went into Parkland and showed (#399 to) a couple of employees there.”

    BO: “Oh, I never went into Parkland Hospital at all. I don’t know where you got that. … I didn’t show it to anybody at Parkland. I didn’t have any bullet. I don’t know where you got that but it is wrong.”

    GA: “Oh, so you never took a bullet. You were never given a bullet … .”

    BO: “You are talking about the bullet they found at Parkland?”

    GA: “Right.”

    BO: “I don’t think I ever saw it even.”

    My first inclination was to wonder if Odum might have forgotten his trip to the hospital. But if so, that meant that Odum’s memory was good enough to recall that a bullet had been found at Parkland but not good enough to remember that he had carried it around Parkland himself. I re-reviewed the entire file on #399 and confirmed that Odum’s name was nowhere in it. Unwilling to leave it at that, on November 21, 2002 Josiah Thompson and I both visited Bardwell Odum in his home in a suburb of Dallas. Concerned as to what his age and the passage of 38 years might have done to the 78-year old’s recall, we were both struck by how very bright and alert Odum was. To ensure that there was no misunderstanding, we laid out on a coffee table before Odum copies of all the relevant documents. We then read aloud from them.

    Again, Odum said that he had never taken a bullet – any bullet – to Parkland to show to witnesses. Nor had he ever had any bullet related to the Kennedy assassination in his possession during the FBI’s investigation in 1964 or at any other time. Because a record from the Washington FBI office seems to prove that #399 had indeed been sent back and forth to Dallas in the appropriate time frame,[40] we gently asked Odum whether he might have forgotten the episode. Answering somewhat stiffly, he said that he doubted he would have ever forgotten investigating so important a piece of evidence in the Kennedy case. But even if he had forgotten, he said he would certainly have turned in the customary 302 field report covering something that important and he dared us to find it. The files support Odum; as noted above, there are no 302s in what the National Archives states is the complete file on #399.

    To recap, the FBI’s Washington office advised the Warren Commission on July 7, 1964 that two Parkland Hospital eyewitnesses, Darrell Tomlinson and O. P. Wright, had told Agent Bardwell Odum that #399 looked like the bullet that they had found on a hospital stretcher. No internal FBI records corroborate that, including the two documents (the June 20th Airtel and the June 24th memo) that touch on #399 and that predate the July 7th report. To the contrary: the two June documents contradict the July 7th report in that they say, simply, that neither witness could identify #399.

    Then, in 1966, Wright, who was experienced in firearms, flatly denied that there was a resemblance, and, in 2002, a suppressed FBI file from the Dallas office turned up – the only Dallas file that mentioned Wright – saying only that Wright could not identify #399. Also in 2002, Odum, the FBI agent who was supposed to have originally heard Wright say that there was a resemblance, insisted that Wright had never told him that, that he had never interviewed Wright, and that he had never even seen #399.

    Given that this new evidence suggests that #399 may never have been properly identified and authenticated, it certainly merits the thousand words Bugliosi devotes to it.[41] But, as with NAA, he dodges the core evidence and instead delivers a blizzard of facts and sarcastic comments that serves more to fog the issue than clarify it.

    With his trademark tone of derision and contempt, Bugliosi challenges what he claims is “an article of faith among conspiracy theorists” – the idea that #399 “was ‘planted’ by the conspirators to frame Oswald.” Although a bullet plant at Parkland is hardly an article of faith among most skeptics, particularly in recent decades, it would not have been unreasonable if Bugliosi had presented his counter to that (outdated) argument, if only for the sake of completeness.

    Bugliosi instead sneers, “[If] Commission Exhibit No. 399 was never identified and authenticated as the magic bullet that connected Oswald to the assassination, doesn’t that necessarily knock out the hallowed belief of most of his fellow conspiracy theorists that Exhibit No. 399 was … planted to frame Oswald?” By offering a faux, sarcastic “endorsement” of the new evidence, he is up to his old tricks, begging the question: he has assumed #399’s authenticity, which is the very thing the new FBI evidence raises doubts about. Never once does he even allow for the possibility that the Bureau might have switched a bullet fired through Oswald’s rifle for the one that turned up on a stretcher. That places Bugliosi in the position of having faith in the FBI, whose failings in the Kennedy case were confirmed by the Church Committee, the HSCA, and many responsible historians and skeptics, but having no faith in an individual FBI agent whose reputation is unblemished and whose account is independently corroborated by both a credible witness on the scene, O.P. Wright, and by the FBI’s own internal records.

    Bugliosi regards Odum’s repeated assertion that he had never even seen #399 with skepticism, arguing that, “Unless the July [7, 1964] report is in error as to the name of the agent who showed Tomlinson the bullet, Odum, almost forty years after the fact, has simply forgotten.” Bugliosi then acknowledges that Odum claimed “that if he had shown anyone the bullet [at Parkland], he would have prepared an FBI report (called a ‘302’),” and in this connection Bugliosi cites a letter that I wrote to him on October 13, 2004. [42]

    Indeed, as I recounted to Bugliosi in my October 13, 2004 letter, that is exactly what Odum did tell me. And so where is Odum’s 302 concerning Tomlinson and Wright? Or, if it was a different agent from Odum, where is that agent’s 302? Bugliosi doesn’t ask, doesn’t tell. He simply drops the whole subject of 302s, ignores that Odum’s name is absent from the FBI’s internal files, and he never acknowledges the likelihood that either a 302 covering the Parkland witnesses and #399 is missing from the files, whether written by Odum or someone else, or that the Bureau never interviewed the Parkland witnesses.

    And so, Bugliosi keeps his gaze willfully averted from obvious questions about #399, such as, (1) As Odum was able to remember without my prompting that a bullet was found at Parkland, how was it that, as Bugliosi proposes, it had not only slipped Odum’s mind that he had held that very slug himself, but also that it was he who had lugged it around to witnesses at Parkland?, (2) If Bugliosi’s alternative explanation for Odum’s name showing up in the FBI’s July 1964 letter is right – that the Bureau wrote down the wrong name by mistake – then where are the 302s from the agent who actually did do the Parkland interviews?, and (3) And why didn’t the SAC’s June 20, 1964 Airtel to D.C. convey the important fact that Tomlinson and Wright had told Odum (or another agent) that #399 looked like the stretcher bullet if, indeed, they had originally told the FBI that? These are just the obvious questions, yet Bugliosi ignores all of them. And he ignores other inconvenient evidence as well.

    How, for example, does Bugliosi deal with the fact that Wright, as a former deputy chief of police in Dallas, with considerable experience with firearms,[43] insisted in 1966 that #399 was not the bullet he held on November 22? He doesn’t tell his readers anything at all about it. Even when he mentions my essay that outlines the visit that Thompson and I paid to Odum in his home, Bugliosi withholds from his readers a key point of that essay, namely that Wright’s denial in 1966 is bolstered considerably by the head of the Dallas FBI office telling Washington in June, 1964 what certainly sounds like the same thing: that neither Parkland witness could identify #399. Moreover, Wright’s disavowal of #399 got another boost in 2002 when Odum told us that Wright had never told him that there was a resemblance.

    There is a particular irony in this last oversight, quite apart from Bugliosi’s vowing that he “will not knowingly omit or distort anything” (Bugliosi’s emphasis),[44] and his condemning “the practice of conspiracy theorists knowingly omitting and citing material out of context.”[45] It is not as if, apart from my essay, Bugliosi would have been unfamiliar with Wright’s having disowned #399 to Thompson in 1966. For, in Reclaiming History, Bugliosi mentions Thompson’s book, Six Seconds in Dallas, at least 50 times, and he even cites the very page in the book (p. 156) where Thompson points out that Tomlinson and Wright had “declined to identify” #399. [46]

    The above examples offer but the merest glimpse of the central problem with Reclaiming History: history is not being reclaimed, it is being reframed along anti-conspiracy lines by Bugliosi’s knowingly omitting and citing material out of context. Examples similar to Bugliosi’s selective presentation of the bullet evidence abound.

    One such example occurs when Bugliosi attempts to rebut skeptics who claim that Parkland doctors said that JFK had a rearward skull defect that suggested a rearward bullet exit (whereas any bullets that Oswald fired would have exited the front). Bugliosi counters with a quote from one of the Parkland doctors: “Dr. Charles Baxter testified that the head exit wound was in the ‘temporal and parietal’ area.” [47] The important word here is “parietal,” which is a skull bone that extends from the crown of the head, well behind the hairline, toward the very rear of the skull. When Baxter specified “temporal and parietal,” he was then reading his own handwritten notes into the record before the Warren Commission. But nowhere did Baxter say anything about that being the exit wound’s location. Moreover, as David Lifton first pointed out in his 1980 book, Best Evidence, although Baxter did indeed say “parietal and temporal” when he read the notes he’d written on the day of the murder, that is not what Baxter actually wrote. [48] Anyone with a copy of page 523 of the Warren Commission Report, or access to a computer, can see that on the day of the assassination Baxter had quite legibly written that JFK’s “right temporal and occipital bones were missing.” (my emphasis)[49] A missing occipital bone, or a gaping wound in occipital bone, would offer evidence that a bullet had entered from the front and exited through the rearmost occipital bone.

    Similarly, Bugliosi cites the testimony that autopsy witness and medical technologist, Paul O’Connor, gave at a mock trial of Lee Harvey Oswald in London as evidence that a bullet hit JFK in the rear of the skull and exploded out the front. He writes, “I said to O’Connor, ‘You told me over the phone that this large massive defect to the right frontal area of the president’s head gave all appearances of being an exit wound, is that correct?’ O’Connor [replied,] ‘Yes, on the front.’”[50] Despite indicating that he was familiar with what O’Connor had told the HSCA in 1977, Bugliosi withholds it from his readers. The HSCA reported that O’Connor “believes that the bullet came in from the front and blew out the top.”[51] O’Connor also told the HSCA that JFK’s skull defect was in the region from the “occipital around the temporal and parietal regions.”[52] Furthermore, for Sylvia Chase’s KRON television special on JFK, O’Connor described the wound as an “open area all the way across to the rear of the brain just like that,” and with his hands demonstrated the rearward location of the defect. In his 1993 book, The Killing of a President, Robert Groden reproduced a photograph of O’Connor with his hand over the backside of his head, demonstrating the location of JFK’s skull injury.[53] Bugliosi discloses none of this to his readers.

    But perhaps Bugliosi’s most flagrantly selective and misleading citation of morgue witnesses is that of John Stringer, the Navy photographer who took JFK’s autopsy photographs. Although Bugliosi admits that there have been problems with Stringer’s claims over the years, he expresses full confidence in what the photographer has to say about JFK’s skull injuries. “When I spoke to Stringer,” Bugliosi writes, “he said there was ‘no question’ in his mind that the ‘large exit wound in the president’s head was to the right side of his head, above the right ear.’ … When I asked him if there was any large defect to the rear of the president’s head, he said, ‘No. All there was was a small entrance wound to the back of the president’s head.’”[54]

    Bugliosi surely knows, but withholds from his readers, that Stringer was just as insistent to author David Lifton in 1972 that the major defect in JFK’s skull was rearward. The JFK Review Board published as a major medical exhibit a November 14, 1993 news article by journalist Craig Colgan dealing with Stringer’s flip-flopping on JFK’s skull wound – an article that Bugliosi would certainly have seen. [55] Colgan reveals in the article that, in 1993, Stringer identified his own voice in Lifton’s 1972 recording. Here is the relevant part of Lifton’s interview with Stringer, as it appears on page 516 of Lifton’s book, Best Evidence:

    Lifton: “When you lifted him out, was the main damage to the skull on the top or in the back?”

    Stringer: “In the back.”

    Lifton: “In the back?… High in the back or lower in the back?”

    Stringer: “In the occipital part, in the back there, up above the neck.”

    Lifton: “In other words, the main part of his head that was blasted away was in the occipital part of the skull?”

    Stringer: “Yes, in the back part.”

    Lifton: “The back portion. Okay. In other words, there was no five-inch hole in the top of the skull?”

    Stringer: “Oh, some of it was blown off – yes, I mean, toward, out of the top in the back, yes.”

    Lifton: “Top in the back. But the top in the front was pretty intact?”

    Stringer: “Yes, sure.”

    Lifton: “The top front was intact?”

    Stringer: “Right.”

    Lifton, to eliminate any question about what Stringer meant, then asked him if the part of Kennedy’s head that was damaged was that part that rests against the bathtub when one is lying back in the bathtub. “Yes,” Stringer answered.[56]

    Worse, Colgan disclosed that ABC’s “Prime Time Live” associate producer, Jacqueline Hall-Kallas, sent a film crew to interview Stringer for a 1988 San Francisco KRON-TV interview after Stringer, in a pre-filming interview, told Hall-Kallas that Kennedy’s skull wound was rearward. Colgan reported, “When the camera crew arrived, Stringer’s story had changed, said Stanhope Gould, a producer who also is currently at ABC and who conducted the 1988 on-camera interview with Stringer … . ‘We wouldn’t have sent a camera crew all the way across the country on our budget if we thought he would reverse himself,’ Gould said … . ‘In the telephone pre-interview he corroborated what he told David Lifton, that the wounds were not as the official version said they were,’ Hall-Kallas said.” [57] Unsurprisingly, Bugliosi says nothing about any of this.

    Hundreds of pages could be written detailing similar examples of Bugliosi’s omitting or distorting the evidence. And yet the reviews published in major news outlets have been favorable. The Los Angeles Times’ reviewer, Jim Newton, even hailed Reclaiming History as “a book for the ages.”[58] The mainstream media, relying upon reviewers who have no particular knowledge of the assassination, dependably bow to the official version. This pattern dates to the release of the Warren Report on September 27, 1964 when New York Times reporter Anthony Lewis falsely reassured the public, “The Commission made public all the information it had bearing on the events in Dallas, whether agreeing with its findings or not.”[59] Similarly, The Times’ Assistant Managing Editor, Harrison Salisbury, having read none of the 26 volumes of supporting evidence, nevertheless announced, “No material question now remains unresolved so far as the death of President Kennedy is concerned.”[60] The lead taken by the paper of record from day one has been largely followed ever since. Thus, the national press also gushed over Gerald Posner’s anti-conspiracy book, Case Closed, a book that was savaged in a prescient review by George Costello in the Mar./Apr. 1994 issue of the Federal Bar News & Journal (the predecessor of The Federal Lawyer). I say “prescient” because there is no small irony in the fact that Costello has found stout vindication for his criticism of Case Closed from an unexpected, highly acclaimed expert – Vincent Bugliosi.

    In Reclaiming History, Bugliosi lands a well-deserved barrage of punches on Posner for distortion and misrepresentation, quoting, among other things, a review by Jonathan Kwitney for the Los Angeles Times – one of the few negative reviews besides Costello’s that Posner’s book received.[61] Bugliosi quotes Kwitney’s astute observation that Posner “presents only the evidence that supports the case he’s trying to build, framing this evidence in a way that misleads readers who aren’t aware that there’s more to the story.”[62] Bugliosi then hastens to assure readers that he is no Posner: “I can assure the conspiracy theorists who have very effectively savaged Posner in their books that they’re going to have a much, much more difficult time with me. As a trial lawyer in front of a jury and an author of true-crime books, credibility has always meant everything to me. My only master and my only mistress are the facts and objectivity. I have no others. The theorists may not agree with my conclusions, but in this work on the assassination I intend to set forth all of their main arguments, and the way they, not I, want them to be set forth, before I seek to demonstrate their invalidity. I will not knowingly omit or distort anything. However, with literally millions of pages of documents on this case, there are undoubtedly references in some of them that conspiracy theorists feel are supportive of a particular point of theirs, but that I simply never came across.”[63] Bugliosi’s attempt to cover himself in that final sentence is obviously inadequate, as this review has shown that he has omitted numerous significant but inconvenient points that he had to have come across. Bugliosi, it seems, will always be a prosecutor.

    But Bugliosi’s prosecutorial habits were invisible to the New York Times’ reviewer, Bryan Burrough, who was so smitten with Reclaiming History that he wrote on May 20, 2007 that conspiracy believers should henceforth “be ridiculed, even shunned … marginalized … the way we’ve marginalized smokers … [made to] stand in the rain with the other outcasts.”[65] His slur elicited a remarkable reaction in the form of a letter to the editor published on June 17, 2007. It was remarkable not so much for the facts it laid out, but because the Grey Lady, which has consistently backed the Warren report, for once permitted her readers to see them.

    Washington Post journalist Jefferson Morley, one-time BBC correspondent Anthony Summers, Norman Mailer, and the aforementioned David Talbot wrote: “The following people to one degree or another suspected that President Kennedy was killed as a result of a conspiracy, and said so either publicly or privately: Presidents Lyndon Johnson and Richard Nixon; Attorney General Robert Kennedy; John Kennedy’s widow, Jackie; his special advisor dealing with Cuba at the United Nations, William Attwood; FBI director J. Edgar Hoover [!]; Senators Richard Russell (a Warren Commission member), and Richard Schweiker and Gary Hart (both of the Senate Intelligence Committee), seven of the eight congressmen on the House Assassinations Committee and its chief counsel, G. Robert Blakey; the Kennedy associates Joe Dolan, Fred Dutton, Richard Goodwin, Pete Hamill, Frank Mankiewicz, Larry O’Brien, Kenneth O’Donnell and Walter Sheridan; the Secret Service agent Roy Kellerman, who rode with the president in the limousine; the presidential physician, Dr. George Burkley; Mayor Richard Daley of Chicago; Frank Sinatra; and ’60 Minutes’ producer Don Hewitt.”[66] One could assemble a list of thoughtful and well-known skeptics that is several times as long as this one.

    With the death of JFK fading further and further into history, chances are small that yet another attorney, either pro- or anti-Warren Commission, will step into the ring and knock down Bugliosi the way Bugliosi did Posner. But one certainly could: Bugliosi’s ferocious jaw, it turns out, is made of glass. For, despite the fact he has put out 2500 pages, there aren’t many that a half-decent boxer couldn’t take a good swing at. [66]

     


    End Notes

    1. Vincent Bugliosi, Reclaiming History. New York: Norton, 2007, p. xiv.

    2. IBID, xv.

    3. Bugliosi’s figure, IBID, p. xv-xvi.

    4. IBID, xvi.

    5. Bugliosi. Flapcover: “In his career at the L.A. County District Attorney’s office, he successfully prosecuted 105 out of 106 felony trials, including 21 murder convictions without a single loss.”

    6. Bugliosi, 1449.

    7. David Talbot. Bobby Kennedy: America’s first assassination conspiracy theorist. Chicago Sun Times, May 13, 2007. On-line at: http://www.suntimes.com/news/otherviews/383811,CST-CONT-kennedy13.article

    8. Bugliosi, p. 917-919, and endnote, p. 510.

    9. . Bugliosi, p. 906 – 907.

    10. Bugliosi, p. 926.

    11. I base this on a suggestion from University of Kentucky historian George Herring. He advised me that perhaps the most thorough, and best, discussion of the manner in which the non-events of August 4, 1964 in the Tonkin Gulf were manipulated to ensure passage of the Gulf of Tonkin Resolution, which paved the way to war, can be found in: Edwin Moise, Tonkin Gulf and the Escalation of the Vietnam War. U. North Carolina Press, 1996.

    12. CNN Interactive, U.S. News Story Page, 6/18/97. On line at: http://www.cnn.com/US/9706/18/ufo.report/ [“Further confusing the issue has been the Air Force’s conduct, first in claiming it had the wreckage of a UFO and then denying it. It contradicted itself again in 1994, saying that the wreckage was in fact part of a device used to detect Soviet nuclear tests.”]

    13. Jane Kay. Ground Zero Air Quality was ‘Brutal’ for Months – UC Davis Scientist Concurs that EPA Reports Misled the Public. San Francisco Chronicle, 9.10.03. On-line at: http://www.commondreams.org/headlines03/0910-07.htm. [Quote: “A UC Davis scientist who led the air monitoring of the smoldering ruins of the World Trade Center said dangerous levels of pollutants were swirling about the site at the same time the U.S. Environmental Protection Agency assured the public that the air was safe to breathe.”]

    14. House Select Committee on Assassinations. Final Assassinations Report, p. 261. On line at: http://www.aarclibrary.org/publib/jfk/hsca/report/html/HSCA_Report_0146a.htm

    15. House Select Committee on Assassinations. Final Assassinations Report, p. 128. On-line at: http://www.aarclibrary.org/publib/jfk/hsca/report/html/HSCA_Report_0079b.htm

    16. Final Report of the Select Committee to Study Governmental Operations, Book V, p. 47. On-line at: http://www.historymatters.com/archive/church/reports/book5/html/ChurchVol5_0027a.htm

    17. Book V: The Investigation of the Assassination of President J.F.K.: Performance of the Intelligence Agencies, p. 32. http://www.aarclibrary.org/publib/church/reports/book5/html/ChurchVol5_0019b.htm

    18. The Investigation of the Assassination of President John F. Kennedy: Performance of the Intelligence Agencies, Book V, Final Report of the Select Committee to Study Governmental Operations with Respect to Intelligence Activities, United States Senate, p. 6. On-line at: http://www.aarclibrary.org/publib/church/reports/book5/html/ChurchVol5_0006b.htm

    19. Tim Weiner, Legacy of Ashes, p. 228. New York, Doubleday, 2007, p. 228.

    20. Larry Sturdivan & Kenneth Rahn, Neutron Activation and the Kennedy Assassination – Part II, Extended Benefits. Journal of Radioanalytical and Nuclear Chemistry, Vol. 262, No. 1 (2004) 215 – 222.

    21. Kenneth Rahn & Larry Sturdivan, Neutron activation and the JFK assassination – Part I, Data and interpretation. Journal of Radioanalytical and Nuclear Chemistry, Vol. 262, No. 1 (2004) 205 – 213.

    22. Larry Sturdivan & Kenneth Rahn, Neutron activation and the JFK assassination – Part II. Extended benefits. Journal of Radioanalytical and Nuclear Chemistry, Vol. 262, No. 1 (2004) 215 – 222.

    23. Bugliosi, p. 814.

    24. IBID.

    25. IBID.

    26. Clifford Spiegelman et al, Chemical and forensic analysis of JFK assassination bullet lots: Is a second shooter possible? Annals of Applied Statistics, May, 2007. On-line at: http://www.imstat.org/aoas/next_issue.html

    27. Erik Randich et al, Metallurgical Review of the Interpretation of Bullet Lead Compositional Analysis, Forensic Science International, 2002, pp.174, 190).

    * Charles Piller & Robin Mejia, Science Casts Doubt on FBI’s Bullet Evidence, Los Angeles Times, February 3, 2003, pp. A1, A16. On-line at: http://centerforinvestigativereporting.org/articles/sciencecastsdoubtonfbisbulletevidence

    * Board on Chemical Sciences and Technology, Forensic Analysis, Lead Evidence, National Research Council, February 10, 2004.

    * Los Angeles Times, February 11, 2004, p. A12.

    * New York Times, February 11, 2004, p. A17.

    * Pittsburgh Tribune Review, November 22, 2003, p.A3)*

    * Erik Randich, Ph.D. & Patrick M. Grant, Ph.D. Proper Assessment of the JFK Assassination Bullet Lead Evidence from Metallurgical and Statistical Perspectives. J Forensic Sci, July 2006, Vol. 51, No. 4, p 728. doi:10.1111/j.1556-4029.2006.00165.x. Available online at: www.blackwell-synergy.com

    28. Bugliosi, endnote, p. 435.

    29. Erik Randich, Ph.D. & Patrick M. Grant, Ph.D. Proper Assessment of the JFK Assassination Bullet Lead Evidence from Metallurgical and Statistical Perspectives. J Forensic Sci, July 2006, Vol. 51, No. 4, p 723. doi:10.1111/j.1556-4029.2006.00165.x. Available online at: www.blackwell-synergy.com

    30. Personal communication with E. Randich and P. Grant.

    31. Bugliosi, endnotes, p. 437, 438.

    32. IBID.

    33. John Solomon. Study Questions FBI Bullet Analysis in JFK Assassination. Washington Post, 5/16/07, p. A03. On line at: http://www.washingtonpost.com/wp-dyn/content/article/2007/05/16/AR2007051601967.html. See also: Clifford Spiegelman et al, Chemical and forensic analysis of JFK assassination bullet lots: Is a second shooter possible? Annals of Applied Statistics, May, 2007. On-line at: http://www.imstat.org/aoas/next_issue.html

    34. Robin Lindley, Why Vincent Bugliosi Is So Sure Oswald Alone Killed JFK (Interview). History News Network. On-line at: http://hnn.us/articles/41490.html

    35. Bugliosi, endnote, p. 438.

    36. Warren Commission Exhibit, #2011. Warren Commission Hearings, vol. XXIV, p. 411 – 412. On-line at: http://www.history-matters.com/archive/jfk/wc/wcvols/wh24/html/WH_Vol24_0215a.htm

    37. Copy of 6/24/64 FBI memo from “SAC WFO” to “Director” available on-line at historymatters.com, in: Gary Aguilar & Josiah Thompson,. The Magic Bullet – Even More Magical Than We Knew? Available on-line at: http://www.history-matters.com/essays/frameup/EvenMoreMagical/EvenMoreMagical.htm. See fig. 6.

    38. Josiah Thompson J. Six Seconds in Dallas. New York: Bernard Geis Associates for Random House, 1967, p. 175.

    39. For additional details, including images of declassified files and information from the National Archives, see: Aguilar G, Thompson J. The Magic Bullet – Even More Magical Than We Knew? Available on-line at: http://www.history-matters.com/essays/frameup/EvenMoreMagical/EvenMoreMagical.htm

    40. Memo available on-line. See: http://www.history-matters.com/essays/frameup/EvenMoreMagical/images/Slide5-1.GIF and http://www.history-matters.com/essays/frameup/EvenMoreMagical/images/Slide5-2.GIF

    41. Copy of this memo is available on line. See: Aguilar G, Thompson J. The Magic Bullet – Even More Magical Than We Knew? Available at: http://www.history-matters.com/essays/frameup/EvenMoreMagical/EvenMoreMagical.htm; or see: http://www.history-matters.com/essays/frameup/EvenMoreMagical/images/Slide12.GIF

    42. Bugliosi, endnote, p. 544-545.

    43. Bugliosi, endnote, p. 545.

    44. Bugliosi, p. 84.

    45. Bugliosi, xxxix.

    46. Bugliosi, p. 385.

    47. Bugliosi, endnote, p. 427; cites page 156 of Josiah Thompson’s Six Seconds in Dallas. New York: Bernard Geis Associates for Random House, 1967.

    48. Bugliosi, p. 403, footnote.

    49. David Lifton, Best Evidence, New York, Carroll & Graf, 1980, p. 330.

    50. Warren Report, p. 523. On-line at: http://www.history-matters.com/archive/jfk/wc/wr/html/WCReport_0274a.htm

    51. Bugliosi, p. 409.

    52. O’Connor-Purdy interview for House Select Committee on Assassinations (HSCA), 8/29/77, p. 5 – 6.. ARRB Master Set of Medical Exhibits, MD 63. On-line at: http://www.history-matters.com/archive/jfk/arrb/master_med_set/md64/html/Image5.htm

    53. O’Connor-Purdy interview, 8/29/77, p. 5 – 6.. ARRB Master Set of Medical Exhibits, MD 63. On-line at: http://www.history-matters.com/archive/jfk/arrb/master_med_set/md64/html/Image4.htm to http://www.history-matters.com/archive/jfk/arrb/master_med_set/md64/html/Image5.htm

    54. Robert Groden. The Killing of a President. New York: Viking Studio Books, 1993, p. 88.

    55. Bugliosi, p. 410.

    56. ARRB Master Set of Medical Exhibits, MD 143 – Newspaper Article from Vero Beach, Florida Press Journal written by Craig Colgan, titled: Body of Evidence: Local Photographer Recalls JFK Autopsy. On line at: http://www.history-matters.com/archive/jfk/arrb/master_med_set/md143/html/md143_0001a.htm

    57. David Lifton. Best Evidence. New York, Carroll & Graf, 1980, p. 516..

    58. Vero Beach Press-Journal, November 14, 1993, p. 1C-3C. See ARRB MD # 143, on-line at: http://www.history-matters.com/archive/jfk/arrb/master_med_set/md143/html/md143_0001a.htm

    58. Jim Newton. Los Angeles Times, May, 14, 2007. Quote reproduced at: http://www.reclaiminghistory.com.

    59. Anthony Lewis. On the release of the Warren Commission Report, New York Times, 9/27/64. Reproduced in: The Report of the Warren Commission on the Assassination of President Kennedy. New York: New York Times edition, October, 1964, p. xxxii.

    60. The Report of the Warren Commission on the Assassination of President Kennedy. New York: New York Times edition, October, 1964, p. xxix.

    61. Bugliosi, Introduction, p. xxxvii.

    62. Bugliosi, Introduction, p. xxxviii.

    63. Bugliosi, Introduction, p. xxxviii – xxxix.

    64. Bryan Burrough. Or No Conspiracy? New York Times, 5.20.07. On line at: http://www.nytimes.com/2007/05/20/books/review/Burrough-t.html

    65. Letter to the editor, New York Times, June 17, 2007. On-line at: http://www.nytimes.com/2007/06/17/books/review/Letters-t-1-1.html?_r=2&oref=slogin&oref=slogin

    66. A collection of informative essays written by skeptics analyzing aspects of Reclaiming History is available at www.reclaiminghistory.org.

  • Jefferies’ Film and the Bunching of JFK’s Suit Coat

    Jefferies’ Film and the Bunching of JFK’s Suit Coat


    George Jefferies’ recently released film of President and Mrs. Kennedy on Main Street in Dallas taken less than 90 seconds before the assassination has caused some debate due to the bunching of JFK’s jacket seen in the footage. In order to support an Oswald lone gunman scenario, the Warren Commission determined the location of the bullet entrance in JFK’s back was near the base of the neck. This entrance location would allow the bullet to pass through the neck and out the front of the throat in order to continue on to account for the wounds in Governor Connally. Critics of the Warren Commission’s findings have always argued that there was no physical evidence to support this entrance location near the back of the neck and pointed out the bullet holes in the back on JFK’s suit and shirt were located further down in the back. Defenders of the Commission’s findings have always countered that JFK’s suit had bunched up, which accounted for a higher wound in the body despite a lower hole in the suit jacket.

    Let’s look at the facts and evidence. What is the physical evidence to determine the entrance wound to JFK’s back?

     

    marler

     

      1. FBI Exhibit 59, JFK’s suit coat, measures the bullet hole in the jacket to be 5 3/8 inches below the top of the collar, and appears to be directly in the middle of the back.
      2. FBI Exhibit 60, JFK’s shirt, measures the bullet hole in the shirt is 5 3/4 from top of collar and about 3/4 inch from center.
      3. Autopsy drawings of President Kennedy conducted by Dr. Humes, shows a bullet hole in JFK’s back that would match the location of the hole in his clothing. Hole is in the middle of back approximately 6 inches down from the neck.
      4. Autopsy photograph of Kennedy’s body shows a bullet hole in Kennedy’s back clearly away from base of neck and matching the location of hole in shirt.
      5. The Jefferies film does show some slight bunching of JFK’s jacket. It is taken on Main Street. Photographs showing JFK on Houston and Elm Street do show a slight crease in the jacket, but no significant bunching.
      6. I have personally conducted several experiments with individuals of JFK’s height and weight (approximately 6 feet and 195 pounds) to determine if waving, moving around, raising shoulders could elevate one’s jacket and shirt to align with an entrance wound near the base of the neck on the right side. Specifically, one is talking about the fabric elevating up 2 3/4 inches and moving to the right 1 3/4 inches. I have never been able to come even close to the necessary bunching necessary to produce an entrance wound necessary to support the lone nut hypothesis. I would strongly encourage skeptics to place a mark on the back of a shirt and conduct their own experiments. Seeing is believing.
        1. The shirt has very little movement. It is buttoned to the neck and tucked into the pants. Even if you unbutton the shirt at the neck area and have someone pull the shirt up, the armpit area prevents any significant movement. Even loose fitting shirts could not come close to producing the Commission’s determination.
        2. The Jefferies film does show JFK’s suit jacket had a tailored fit in that it is snug around the shoulders, arms, and armpit areas. All of this would limit the suit’s upward movement.
        3. The amount of bunching of the suit coat in the Jefferies film is not significant enough to raise the entrance wounds to the base of the neck. It is an experiment that can easily be done. Not only was the upward movement impossible, the fabric twisting or shifting to the right by almost two inches was also impossible.
        4. Given the overwhelming physical evidence of FBI exhibits and autopsy drawing and photographs that show the entrance wound to JFK’s back approximately five inches from the neckline and in the middle of the back, and no other credible evidence to suggest otherwise, it is therefore only reasonable to conclude the entrance wound bullet to the back could not exit JFK’s neck. Without the “magic bullet theory” the lone nut hypothesis fall apart.
  • Vincent Bugliosi, Reclaiming History: Besmirching History

    Vincent Bugliosi, Reclaiming History: Besmirching History


    Besmirching History: Vincent Bugliosi Assassinates Kennedy Again

    The purpose of Bugliosi’s Reclaiming History is to defend the integrity of the USG National Security State by grossly distorting its nature and function, by disguising that it is the servant of factions of the ruling classes within the United States, and by pretending that it did not and could not contemplate the assassination of a democratically elected President whose recalcitrant politics fell outside its parameters. According to Bugliosi, only the lunatic can seriously entertain that Kennedy was murdered because he pursued dÈtente with the USSR, championed nuclear disarmament, decided not to back the invasion of the Bay of Pigs with US military, made a peaceful resolution of the Cuban Missile Crisis when the military wanted invasion and war, and decided to withdraw US troops from Vietnam rather than pursue by brute force an imperial venture in Southeast Asia. According to Bugliosi, Oswald is not just the murderer of Kennedy, he is the only one involved, and he is nothing but “a first class ‘nut.’” (945) Thus, Kennedy’s murder is deprived of any political significance whatsoever.

    Bugliosi considers himself at liberty to mock those who appreciate the opposing world view, inter alia, “conspiracy icon Vincent Salandria [for claiming that] ‘the killing of Kennedy represented a coup d’Ètat.’ … I suppose that since a coup d’Ètat is defined as a sudden, unconstitutional change of state policy and leadership ‘by a group of persons in authority,’ … you couldn’t even have a coup without the involvement, cooperation, and complicity of groups like the FBI, CIA, and military-industrial complex.” Individuals who entertain such notions are so wrapped up in “their fertile delusions” that they substitute finding a motive for finding evidence, make no connections between, e.g., the CIA and Oswald, and thus sadly show nothing but “this crazy, incredibly childlike reasoning and mentality that has driven and informed virtually all of the pro-conspiracy sentiment in the Kennedy assassination from the beginning.” (985-987) We shall answer Bugliosi by showing direct involvement of all these organs of state power in the cover-up and the assassination, though in this brief excerpt, only the FBI.

    Three Mannlicher-Carcano shell casings were found in the SE corner of the 6th floor of the Texas School Book Depository. The home movie film of the assassination taken by Abraham Zapruder, the obstruction of the line of sight to the motorcade by a large oak tree, and the fact that bystander James Tague nearly several hundred feet away was struck by cement fragments from a missed bullet that nicked the curb, imposed constraints on the official cover-up. The final shot that blew open Kennedy’s head, and the missed shot, left just one other bullet to do all the rest of the damage to the president and Governor Connally. The “single-bullet” theory is essential to the Warren Commission’s indictment of Lee Harvey Oswald as the lone gunman, and Bugliosi is committed to it in full. ” … in this case, the physical evidence isn’t just persuasive or even overwhelming, it’s absolutely conclusive that only three shot were fired, and that one of the two shots that hit Kennedy [CE 399] also went on to hit Connally. Hence, Connally was not hit by a separate bullet, which would have established a second gunman and a conspiracy.” (451)

    The official story has that bullet, CE 399, enter President Kennedy from behind through the base of his neck to the right of his spine at a steep downward angle, pass through him without hitting bone, exit at the very base of his anterior neck, and then strike, as Bugliosi tells us, “the upper right area of Connally’s back, exit the right side of the chest (just below the right nipple), reenter the back of his right wrist, exit the opposite side, and finally come to rest after causing a superficial entrance wound in the left thigh.” [1] This gentle description omits that 399 shattered Connally’s fifth rib in many places, then broke the radius bone in his wrist, the densest and hardest-to-fracture bone in the human body, yet came out unscathed except for a slight flattening at its end.

     

     

    Real bullets don’t behave this way: when they break bone they are smashed, dented or mangled, whereas this slightly flattened bullet looks much like the sample Mannlicher-Carcano bullets fired by the FBI in its tests into cotton wadding or by Henry Hurt (Reasonable Doubt, 1985, photo section) into a bucket of water.

     

     

    The frame-up of Lee Harvey Oswald was extensive, and pre-meditated long before the assassination itself. Here, however, I want to give you one example of the frame-up that is clean and simple, easy to understand and easy to remember. Bugliosi writes of Friday night, 11:30 p.m., the day of the assassination. Dallas Chief of Police Curry is being pressured to turn over his evidence to the FBI, when Curry has the only legal jurisdiction, and if something goes wrong with the evidence that undermines Oswald’s prosecution, Curry will be blamed for it. Finally, Curry strikes a compromise to loan the evidence to the FBI for 24 hours only, provided there are “photographs of everything sent to Washington, and an accountable FBI agent, Vince Drain, to sign for and accompany all of the evidence to and from the nation’s capital.” (183) In an endnote on p.158, Bugliosi smears Curry by repeating sworn testimony from a subsequent DPD custodian of the evidence that “Jesse E. Curry, had pilfered the files to get material for his 1969 book, Retired Dallas Chief Jesse Curry Reveals His Personal JFK Assassination File,” making Curry seem a cheap opportunist. It will become immediately clear why Curry may have had to pilfer the evidence. A portion the DPD picture of the evidence before it was taken to FBIHQ follows from p.88 of the 1969 edition of Curry’s book.

     

     

    Exhibit “9” is the gun taken from Oswald when he was arrested in the Texas Theater. #4 is “a .38 Special bullet taken from Officer Tippit’s body.” And, the fact to take home with you, #3 is “a metal fragment from the arm of Governor Connally.” The smashed bullet fragment, Exhibit #3, is wider than the .38 Special and about as wide as CE 399 itself. Stop and think! Here, in Exhibit #3, is the full assassination cover-up in a single example: The bullet fragment #3 smashed after breaking so much bone is at least the size of your pinky nail. It did not come from CE 399, so the FBI is not framing Oswald because they sincerely believe he is the guilty lone assassin, but because that is the assassination cover story, full stop. CE 399 was, of course, planted in order to have a bullet whose ballistic markings could be matched to the Mannlicher-Carcano rifle that Oswald allegedly used to shoot Kennedy. There were many other bullets fired that day, but this bullet fragment gives the others collective legitimacy.[2]

    The crucial point is that the FBI could not undertake this frame-up without full confidence that the National Security State, of which it is a member, had both the will and the means to accomplish all aspects of the cover-up. There were multiple shooters from multiple locations. Thus, masses of evidence would have to be ignored or destroyed. Scores of witnesses would need to be overlooked, dismissed, intimidated, or eliminated, most especially Lee Harvey Oswald. August committees would have to be formed whose witting members would pressure, seduce, or trick the others into sufficient compliance to fool the people. High-ranking well-respected trusted members of society who control the media would have to be complicit in fronting the salesmanship. Minions of the intelligence community, only relatively few of whom were in on the planning stages of the assassination, had to be counted upon to do their part to conceal the plotters of the assassination from the American public. The media would have to be ready and able, and known in advance to the FBI and others to be ready and able to bewilder and confuse the people. In fact, none of the plotters involved in the cover-up would have dared to undertake such a cover-up without the full faith and understanding that the media was under the control of the ruling class and would be used to facilitate, rather than expose, the cover-up. Think! How the hell could any such plotters ever dream of getting away with such a crime but for their control of the fictionally named “free press”? We shall in any case prove such control and use of the media. This “national security state” is not jargon, but the ugly reality behind the façade of democracy in American life.

    We shall, in due course, reveal the essentials of the National Security State by making the “invisible government” visible. It is not a pretty sight. The only silver lining from Curry’s Exhibit #3 is that it liberates us to look upon and interpret the evidence for what it is because we know that the National Security State, tool of the ruling class, is lying to us. Bugliosi, needless to say, repeatedly tells us that the evidence for the single-bullet (i.e., that did all the damage to Kennedy and Connally) is compelling and overwhelming.

    Chief Curry provides a copy of the 11/23/63 five-page FBI analysis of the evidence completed within the 24-hour window given by the DPD. Guess what?† The fragment from Connally’s arm is returned not weighed, to the Dallas Police Department.† (The only other bullet fragments that the FBI does not weigh are two fragments removed at autopsy from Kennedy’s head.) In the process, it will be doctored or replaced to produce a drastic reduction in size and shape that will conform to the official story, and that will give rise to endless debate about whether the paltry fragments remaining as official evidence might have come from CE 399. [3] To answer Bugliosi, we have just shown the part of the coup d’Ètat directly engaging the FBI in the cover-up.


    Citations

     

    1. Reclaiming History, p. 447, with grammatical tense changed to fit this essay’s text.

    2. Robert J. Groden, The Killing of a President, 1993, under “Gunshots” in the index for possibly six shots, esp. pp. 41, 68-70 for photos of where missed shots struck.

    3. In Post Mortem, JFK Cover-up Smashed!, ©1969, 1971, 1975, Harold Weisberg, the doyen of micro-analytic detail, discusses Curry’s book and the 11/23/63 FBI report analyzing the bullets sent by Chief Curry, with particular attention to Q9, the fragment taken from Connolly’s arm. (See especially pp. 603-604) Weisberg complains loud and long and justifiably at the paucity and poverty of the analysis, and about the omission of the requested spectrographic analysis, all of which permits endless debate about what the evidence means rather than “smashing” the cover-up. But the keen-eyed, detail-oriented Weisberg apparently never notes that the FBI did not weigh Q9 (DPD Exhibit #3), that it returned it to DPD, and most crucially – what would have smashed the cover-up by itself — that Q9 is the size of a pinky nail. The Killing of a President, 1993, p.100, has a cropped picture of the evidence that DPD sent the FBI on 11/23/63 that is almost identical to the one in this article, but he offers it without any caption or explanation so that DPD Exhibit #3, which is FBI Q9, is meaningless, like so many of the otherwise excellent pictures in Groden’s book. Although a picture may be worth a thousand words, this is the

  • Oswald “had no time to fire all Kennedy bullets”


    By Tim Shipman in Washington, Sunday Telegraph


    Lee Harvey Oswald could not have acted alone in assassinating President John F Kennedy, according to a new study by Italian weapons experts of the type of rifle Oswald is alleged to have used in the shootings.

    In fresh tests of the Mannlicher-Carcano bolt-action weapon, supervised by the Italian army, it was found to be impossible for even an accomplished marksman to fire the shots quickly enough.

    The findings will fuel continuing theories that Oswald was part of a larger conspiracy to murder the 35th American president on 22 November 1963.

    The official Warren Commission inquiry into the shooting concluded the following year that Oswald was a lone gunman who fired three shots with a Carcano M91/38 bolt-action rifle in 8.3 seconds.

    But when the Italian team test-fired the identical model of gun, they were unable to load and fire three shots in less than 19 seconds – suggesting that a second gunman must have been present in Dealey Plaza, central Dallas, that day.

    Two of the bullets hit Kennedy, with the first – the so called “magic bullet”, ridiculed by conspiracy theorists – also wounding the governor of Texas, John B Connally, after it had struck the president.

    In a further challenge to the official conclusions, the Italian team conducted two other tests at the former Carcano factory in Terni, north of Rome, where the murder weapon was made in 1940.

    They fired bullets through two large pieces of meat, in an attempt to simulate the assumed path of the magic bullet. In their test, the bullet was deformed, unlike the first bullet in the Kennedy assassination, which remained largely intact.

    The second bullet is thought to have missed its target. According to the commission, the third disintegrated when it hit Kennedy’s head. The new research suggests, however, that this is incompatible with the fact that Oswald was only 80 yards away, in a book depository, when he fired. The Italian tests suggest that a bullet fired from that distance would have emerged intact from Kennedy’s head, implying that the third shot must instead have come from a more distant location.

    The findings will encourage conspiracy theorists who hold that Oswald could not have fired three shots in time. For each shot, he would have had to push up the gun’s bolt handle, pull the bolt backwards to eject the spent cartridge case and then forward to slide the next round into the chamber, before turning down the bolt handle to lock it in place.

    Nearly seven out of 10 Americans believe that Kennedy was murdered as a result of a plot. Depending on which theory they back, the participants supposedly included any or all of the CIA, the Mafia, the Cubans, the FBI chief J Edgar Hoover, the military-industrial complex and Vice-President Lyndon B Johnson.

    It is the second challenge in two months to the view of the Warren Commission that Oswald acted alone. In May, researchers at Texas A&M University argued that the ballistics evidence used to rule out a second gunman had been misinterpreted.

    The findings will be a frustration to Vincent Bugliosi, the author of a 1,600-page book, also published in May, which claimed to put to rest all the conspiracy theories of the past 44 years.

    The Italian findings will be hotly contested by those who believe that Oswald was a lone gunman – not least because they contradict firing tests previously conducted, using Oswald’s actual rifle, by the FBI and the US Marines, and another study by Washington police marksmen using an identical gun.

    Oswald would only have needed to reload the weapon twice in the eight seconds to get off all three shots, since the time was measured only from the moment he fired the first shot. The FBI concluded that a marksman could have fired a shot at least every 2.3 seconds.

    In his book, Mr Bugliosi details how after just two or three minutes’ practice with the gun in 1979, three police marksmen aiming at three targets representing Kennedy at the same distance from Oswald, got away three shots in less than eight seconds.

    One marksman hit the targets twice and missed the third shot by an inch. A second shooter scored a “kill” with his second shot.

    Mr Bugliosi recounts three separate ballistics tests that found that the magic bullet could have wounded Kennedy and Connally and emerged in similar condition to the real bullet. But that is unlikely to stop the Italian research fuelling another generation of conspiracy writers.

  • Conspiracy Test: The RFK Assassination


    On June 6, 2007 the Discovery Times Channel broadcast a one-hour special on the murder of Senator Robert Kennedy in Los Angeles at the Ambassador Hotel on June 4, 1968. It was divided into several quick and sketchy sections which tried to set the background, fill in the circumstances of the shooting, examine some of the eyewitness testimony to the crime, discuss the autopsy of Dr. Thomas Noguchi, and the investigation by the LAPD (which was aided to a small extent by the FBI and Secret Service.)

    There were some new interviews done for the special. Some of the witnesses at the scene were Paul Schrade, one of the shooting victims, Roosevelt Grier, a Kennedy bodyguard, Roger Katz, a bystander, and LAPD officer Arthur Placencia, who brought alleged assassin Sirhan Sirhan to the police station. In addition to the above, several critical commentators were also interviewed. These included those both supporting and attacking the official story. In the first camp were British anti-conspiracy author Mel Ayton and former LAPD Chief Daryl Gates. In the second were former FBI agent and author Bill Turner, author and investigator Ted Charach, and former president of the American Academy of Forensic Science, Dr. Robert Joling.

    The first part of the show gave a decent summary of the facts of the case until 1969. It went over the official circumstances of the shooting, the apprehension of Sirhan, and the actual death of Kennedy on June 6th at Good Samaritan Hospital. It then mentioned the eight-month investigation by the LAPD, which culminated in the February-April 1969 murder trial of Sirhan. The trial ended with Sirhan’s conviction and the application of the death penalty. Sirhan escaped capital punishment when the state changed its law on this issue, and he has been in prison ever since.

    At this point in the show, doubts about the verdict began to be aired. Katz mentioned that the shots seemed to be too rapid for one man to be firing. Joling said that if four shots hit RFK, and five bystanders were also hit, then this is one too many shots for Sirhan’s alleged eight shot revolver. From here the focus shifted to Noguchi’s autopsy. The doctor said that all the shots which hit Kennedy (one went through his jacket) came from behind. In a taped interview, the man who was escorting Kennedy through the pantry, Karl Uecker, said that this was impossible: Sirhan was always in front of him and he was always between the two. Another important point dealt with was the distance issue. Schrade said that the witnesses that LAPD thought were most credible all said the gun was between 1.5 to 3 feet away from Kennedy. Yet, Noguchi’s careful experiments determined that the amount of gunpowder in Kennedy’s scalp necessitated a much closer range, from 1-3 inches. No one put Sirhan that close, which would be a point blank shot. And the gun would literally have had to be at his head since the fatal shot came from behind his right ear. No one recalled seeing that rather unforgettable sight.

    A previously taped interview followed as the show tried to focus on a chief suspect in the killing, Thane Eugene Cesar. Don Shulman, a runner for a press organization, said that he saw the security guard behind Kennedy pull his gun and fire three shots during the fusillade. In an interview done for the show, Charach said that Cesar changed his story on this point, but he has him admitting to pulling his gun on tape. Joling chimed in here by saying that no other gun was tested by the LAPD and that Cesar was allowed to leave the pantry for ten minutes before returning to collect his tie, which had fallen on the floor. The implicit point here being that although Cesar says he was carrying a .38 that night, he also owned a .22, an issue which he also lied about. And it is this smaller caliber weapon which LAPD says was used in the crime.

    From here, the show began to criticize the LAPD investigation even more strongly. The role of firearms expert DeWayne Wolfer was mentioned and how it appears that the revolver he used to match the victim bullets to the weapon was not actually Sirhan’s, but a testing weapon. The documentary showed, with close-up shots, that the serial number on Wolfer’s evidence envelope did not match up with the serial number on Sirhan’s alleged revolver. The special also showed evidence of extra shots in the walls, swinging door divider, and ceiling tiles. This included photos of Noguchi pointing at circles, which were supposed to represent bullet holes. But of course, if these were actual shots, the sum would number too many for an eight shot revolver. Even more suspiciously, the divider and tiles were later destroyed even though Sirhan’s case had not exhausted its appeals process. Gates replied to this point with, “The guy was convicted. You can’t keep junk around forever. It takes up a lot of room.”

    The above set up the departure point for the documentary’s longest and concluding section. In fact, its actual reason for being. In 1968, a young reporter of Polish descent named Stanislav Pruszynski had taken a leave of absence from his job on a Canadian newspaper. He wanted to cover the American presidential race in order to write a book about the contemporary political scene in the USA. Therefore he found himself at the Ambassador that night covering Kennedy’s California primary victory. In fact he was near RFK when the senator left the ballroom podium to begin his fateful walk down the corridor and through the swinging doors of the pantry. The young man had in his hands a new invention: an audiocassette recorder, and he was recording as he followed RFK. One of the highlights of this show is that Pruszynski is still alive and the producers show him film of himself and he certifies his placement as RFK begins to leave the podium. The LAPD did not ask him for his tape that night. But in 1969, the Canadian authorities did at the request of the FBI. The FBI tested the tape and decided there was nothing of crucial evidentiary value on it. So the test cassette was sent to the California Archives in Sacramento.

    This is how matters stayed until about three years ago. At that time, an employee working for one of the cable news networks stumbled upon Pruszynksi and his tape. He took the tape to an audio technician named Phil Van Praag. Van Praag had worked in the field for 35 years and had accumulated state of the art sound testing devices along with the latest computer programming in the field. Much better than what the FBI had in 1969. He made both digital and analog copies of the tape and then tested them for sounds of a gun firing. He came to the conclusion that 13 shots were on the tape. Further, he located a couple of instances in which the shots were spaced too closely for one person to be firing them.

    The filmmakers decided to take the tape to a second authority. This was a Pasadena company called Audio Engineering Associates, headed by a man named Wes Dooley. He came to a similar conclusion: there were too many shots on the tape for just Sirhan as the assailant. And the spacing sounded too close for one man to be firing. (Although his number was smaller: he located ten shots.) A firearms expert named Phil Spongenberger then tested the alleged weapon, an Iver Johnson Cadet and determined that the technicians were correct. The gun cannot be fired as quickly as the spacing indicated on the tape. This forensic discovery echoes the earlier testing done by Dr. Michael Hecker of Stanford in 1982. By analyzing other tapes, he was sure there were at lest ten shots fired that night and probably more. But he was certain of ten. Now we have the same verdict but with a different tape, and more modern analysis.

    I should add a sad postscript here. Many are familiar with the famous acoustical testing done by the House Select Committee on Assassinations, which caused them to reverse the Warren Commission and change the official verdict on the JFK case to a conspiracy. With the film and tape of Pruszynski available, plus the fact that he is still alive, just about everything was in place here to do the same acoustical testing for the RFK case that was done for the JFK case. Why go the extra yard? Because in addition to the number of shots, and the spacing of shots, this last test would have revealed the directionality of the shots. That is, where they came from. But because of what the Los Angeles School District did with the site of the Ambassador Hotel, which they today own, this test could not be done even under the best circumstances. Only one person can be happy about that. Namely Thane Eugene Cesar who, as the show states, is happy to maintain his innocence from the distant location of the Philippines.

  • Vincent Bugliosi, Reclaiming History


    Epic book resurrects finding that Oswald acted alone in killing JFK

    Bugliosi picks only the evidence that backs his argument


    This review originally appeared in the June 3, 2007 Pittsburgh Post-Gazette


    Former Los Angeles prosecutor Vincent Bugliosi claims to be “Reclaiming History” from the riffraff of conspiracy theorists in his massive new book on the assassination of President John F. Kennedy. The term “conspiracy theorist” is practically married to the assassination, tossed about the way the House Un-American Activities Committee used to throw around “Communist sympathizer.” One size fits all!

    But according to Bugliosi, conspiracy theorists are the reason more than 75 percent of Americans don’t believe the conclusions of the Warren Commission, established by President Lyndon Johnson to investigate the crimes. Bugliosi’s intent is to expose its critics as “fraudulent” on the way to resurrecting the conclusion of that panel, which found that Lee Harvey Oswald acted alone.

    The first question to Bugliosi must be, “Who cares?”

    For more than 40 years, every wingnut outside the city limits of Roswell, N.M., has gravitated to the Kennedy case, and Bugliosi attempts to list them all.

    For instance, in a footnote, he skewers someone named Nord Davis Jr, who apparently believes 21 bullets were fired in Dallas’ Dealey Plaza and that Parkland Hospital doctors confused police officer J.D. Tippit’s body with that of Kennedy.

    Or take the case of James Fetzer, Ph.D., who, Bugliosi points out, has been on a crusade for the past decade to prove that the Zapruder film “is a complete fabrication” put together by some shadowy intelligence agency.

    Many historical events draw wacky theories. The proper response is to ignore them; it is not to write a 1,660-page book exposing their wackiness.

    ON THE OTHER HAND, the Kennedy case is remarkable in that the growth of conspiracy theories has come to obscure the basic evidence. It is as if opinions and wacky theories have grown like a fungus into the basic pattern of facts.

    From the outset, this growth threatened serious research into what actually happened in Dealey Plaza. Bugliosi has performed a useful function by scrubbing away a number of nutty theories that have surfaced since Nov. 22, 1963.

    But what about Bugliosi’s more serious intent — to resuscitate a variant of the Warren Commission’s account of the assassination?

    In 1993, another lawyer, Gerald Posner, tried the same thing in his book Case Closed. Yet Bugliosi cites numerous examples of Posner’s “distortion” and “misrepresentation.” He quotes approvingly a Washington Post review of Posner’s book, which criticized him for presenting “only the evidence that supports the case he’s trying to build, framing the evidence in a way that misleads readers.”

    But this is exactly what Bugliosi does. Like any experienced prosecutor, he highlights the evidence that furthers his case while ignoring or confusing contrary evidence. Examples of this approach can be found almost everywhere in the book.

    Take his spirited defense of Warren Commission junior counsel Arlen Specter’s “single-bullet theory.” Bugliosi agrees that this theory — that Kennedy and Texas Gov. John Connally were hit by the same bullet — is necessary to conclude that Oswald acted alone. He also acknowledges that the theory was developed by Specter and other commission staff members in the spring of 1964 to save the single-assassin conclusion. He also notes that when the time came to approve it, the commission split down the middle.

    To his credit, he tells us Connally denied from first to last that he was hit by the same bullet that hit Kennedy. His wife, Nellie, testified that she heard a shot and saw the president react to being hit. Only then did she see and hear a second shot crash into her husband’s back.

    Bugliosi tells us Nellie Connally was “confused” and that her husband relied upon her confusion. However, you will find nowhere in Bugliosi’s book the fact that no witness in Dealey Plaza could attest to both men being hit by the same shot or that the FBI’s review of the Zapruder film led them to conclude Connally and Kennedy were hit separately. He tells us that Dr. Malcolm Perry at Parkland Hospital estimated the size of the supposed bullet exit hole in JFK’s throat to be “3 mm to 5 mm in diameter,” but he neglects to tell us that wound ballistics experts at Edgewood Arsenal carried out experiments showing bullets from Oswald’s rifle would cause exit wounds two to three times that size.

    Even more egregious is his handling of the trajectory through JFK’s back and neck. A face-sheet on which notes were taken during the autopsy shows the supposed exit wound in the throat to be higher than the entry wound in the back.

    When the autopsy photos were finally produced in the 1970s, a medical panel concluded that the course of the bullet through Kennedy was at an upward angle (the accepted number is 11 degrees). So how does Kennedy get shot from the sixth floor of a building when the bullet takes an upward path through his body?

    The Warren Commission took the simplest course. The staff let the autopsy doctor instruct a medical illustrator to raise the back wound from the back to the neck. Commission member U.S. Rep. Gerald Ford then corrected a final draft of the panel’s report to read “neck wound” rather than “back wound.” Voila, a “back wound” had become a “neck wound.”

    Faced with that 11 degree upward angle, the House Select Committee on Assassinations took a more inventive approach in its 1978-79 investigation. It just leaned Kennedy forward at the time he was shot.

    And Connally, who took a shot at a 27-degree downward angle? His body position was leaned back a sufficient amount. Voila, an 11-degree upward angle through one body had become a 27-degree downward angle through a second body, thus a straight line had been maintained.

    Like any good prosecutor, Bugliosi admits it was “upward” but never tells us how much. Then he publishes a diagram from the House’s report showing Kennedy bent forward. He says in a caption that the diagram shows “his head tilted forward slightly more than it actually was as shown in the Zapruder film.”

    That’s quite an understatement since the Zapruder film never shows Kennedy bending forward at all. He’s sitting erect in the back seat waving to the crowd. Then when the limousine travels behind a sign and emerges three-quarters of a second later, he’s sitting erect but wounded.

    The Zapruder frames contained in Bugliosi’s book show Kennedy never took the position he had to take for the Warren Commission’s single-bullet theory to work. Bugliosi gets it to work by telling his readers only part of the story and by using a diagram even he admits is inaccurate. This prosecutorial approach infects the whole book and makes it unreliable as a guide to the evidence.

    Little light shed

    Does Bugliosi offer anything new? Not much.

    Three explanations — Bugliosi, the Warren Commission and the House committee — claim Kennedy was shot in the head at Zapruder frame 313. Bugliosi and the commission say Kennedy and Connally were hit simultaneously while the car is behind the sign, frames 207-224.

    The committee moves this single-bullet, double hit earlier to frame 190. It also cites four shots in all with two additional misses fired from the grassy knoll at frame 290 and the sniper’s nest in the book depository at frame 160.

    The commission found that a third shot missed but cannot determine when it was fired or where it hit. Bugliosi has a first shot fired at frame 160, which misses the limousine entirely.

    None of these reconstructions makes much sense. All three require that a large body of evidence indicating JFK was hit in the head from the right front be simply disregarded. All three face the fatal objections to which the single-bullet theory has been subject from the very beginning.

    The House Select Committee’s reconstruction requires the putative gunman in the book depository to have fired blindly into a tree when he would have had a clean shot only a second and a half later.

    Bugliosi’s minor change to the commission’s reconstruction makes less sense than the original. One would expect the first shot from a sniper to be the most accurate. Why would a shooter miss the limousine entirely on his first shot when it was right below him and Kennedy was large in his sight, then hit Kennedy twice with his next two shots at greater ranges?

    As the commission noted, most Dealey Plaza witnesses placed the first shot significantly later. Phil Willis, for example, said the first shot jarred his finger on the shutter of his camera and produced a photo taken at frame 202.

    The real scandal of the aftermath of the Kennedy assassination is that no reconstruction of the event makes sense. We know the event happened in one way rather than another. But the evidence is discordant and irreconcilable at a primitive level. The meaning of this discordance is unclear, but the simplest explanation is that not all the “evidence” is really evidence.

    What is crystal clear, however, is that more than 43 years after the event we don’t know what happened.

    From the very beginning, the event has been left to advocates of one view or another. The Warren Commission put together a case for the prosecution against Oswald. It failed when critics showed its conclusions were not justified by the evidence it considered.

    The same could be said for the House Select Committee, which reached a conclusion diametrically opposed to that of the Warren Commission.

    What this case doesn’t need is more advocacy on the part of lawyers like Posner and Bugliosi. They squeeze the evidence into one mold or another, offering opinions on this or that, buttressed by whatever they choose to tell us, ignoring the rest.

    What this case does need is some old-fashioned, historical scholarship. It’s a shame and a waste of great time and effort that Bugliosi decided to contribute to the problem and not to its solution.

  • Scientists Cast Doubt on Kennedy Bullet Analysis


    Multiple Shooters Possible, Study Says

    By John Solomon, Washington Post Staff Writer

    Thursday, May 17, 2007

    In a collision of 21st-century science and decades-old conspiracy theories, a research team that includes a former top FBI scientist is challenging the bullet analysis used by the government to conclude that Lee Harvey Oswald alone shot the two bullets that struck and killed President John F. Kennedy in 1963.

    The “evidence used to rule out a second assassin is fundamentally flawed,” concludes a new article in the Annals of Applied Statistics written by former FBI lab metallurgist William A. Tobin and Texas A&M University researchers Cliff Spiegelman and William D. James.

    The researchers’ re-analysis involved new statistical calculations and a modern chemical analysis of bullets from the same batch Oswald is purported to have used. They reached no conclusion about whether more than one gunman was involved, but urged that authorities conduct a new and complete forensic re-analysis of the five bullet fragments left from the assassination in Dallas.

    “Given the significance and impact of the JFK assassination, it is scientifically desirable for the evidentiary fragments to be re-analyzed,” the researchers said.

    > Tobin was the FBI lab’s chief metallurgy expert for more than two decades. He analyzed metal evidence in major cases that included the 1995 Oklahoma City bombing and the 1996 explosion of TWA Flight 800 off Long Island.

    After retiring, he attracted national attention by questioning the FBI science used in prosecutions for decades to match bullets to crime suspects through their lead content. The questions he and others raised prompted a National Academy of Sciences review that in 2003 concluded that the FBI’s bullet lead analysis was flawed. The FBI agreed and generally ended the use of that type of analysis.

    Using new guidelines set forth by the National Academy of Sciences for proper bullet analysis, Tobin and his colleagues at Texas A&M re-analyzed the bullet evidence provided to the 1976 House Select Committee on Assassinations to support the conclusion that only one shooter, Oswald, fired the shots that killed Kennedy.

    Now-deceased University of California at Irvine chemist Vincent P. Guinn. told the committee that he used bullet lead analysis to conclude that the five bullet fragments recovered from the Kennedy assassination scene came from just two bullets, which were traced to the same batch of bullets Oswald owned. Guinn’s conclusions were consistent with the 1960s Warren Commission Report that found Oswald had acted alone. The House assassinations committee, however, concluded that Oswald probably was part of a conspiracy and that it was possible a second shooter fired one shot that missed the president.

    Tobin, Spiegelman and James said they bought the same brand and lot of bullets used by Oswald and analyzed their lead using the new standards. The bullets from that batch are still on the market as collectors’ items.

    They found that the scientific and statistical assumptions Guinn used — and the government accepted at the time — to conclude that the fragments came from just two bullets fired from Oswald’s gun were wrong.

    “This finding means that the bullet fragments from the assassination that match could have come from three or more separate bullets,” the researchers said. “If the assassination fragments are derived from three or more separate bullets, then a second assassin is likely,” the researchers said. If the five fragments came from three or more bullets, that would mean a second gunman’s bullet would have had to strike the president, the researchers explained.

  • Death of the NAA Verdict


    Since the time of the House Select Committee on Assassinations (HSCA), Oswald-did-it-advocates have trumpeted the neutron activation analysis test as the crown jewel of their case against the accused assassin. Former Chief Counsel of the HSCA, Robert Blakey leaked the results of the NAA testing to the press in advance of its actual presentation in the public hearings in a clear attempt to influence media coverage of his verdict against Oswald. Let me quote from The Assassinations in this regard:

    Guinn’s findings were very important to Blakey. He leaked them to the press early in 1978 as the final nail in the HSCA’s verdict against Oswald. It was the rigorous scientific analysis that he so much admired and enthroned. And it showed that the single bullet theory was not just possible but that it actually happened.

    Yet today, after the peer reviewed and published work of Erik Randich and Patrick Grant (Journal of Forensic Science, July 2006), Blakey is singing a different tune. The work of these two men has been so destructive of both the HSCA analysis and their NAA interpretation that Blakey now has termed the whole exercise “junk science”. Further, the FBI has made the decision they will not use the process in court again. To understand why this astonishing retreat has taken place in broad daylight, let’s go back to the beginning.

    According to the Warren Commission, the FBI had done what was called “spectrographic analysis” on some of the ballistics evidence in the JFK case. According to Henry Hurt’s discussion of this in his book Reasonable Doubt, both the FBI and the Commission were maddeningly vague about the results of the analysis. According to Hurt, this issue was to be addressed by the last witness called by the Commission, who was involved in the spectrographic analysis. Yet, during his interview, the commissioners never asked him a question on the issue. The Warren Report then noted that there were similarities in the metal composition of some of the bullet fragments. With the actual analysis not present and these vague generic terms in play, most considered that what the FBI did was not of any forensic value.

    But it was later revealed that the FBI had gone beyond spectography to a much finer testing of the bullet fragments for trace metal testing of what the lead cores were made out of: namely neutron activation analysis. Yet although this kind of testing is much more exact for analysis of what metals are in the bullet lead and to what degree, according to Hurt, there is no mention of it in the Warren Report or the accompanying volumes of evidence and testimony. But in a later declassified letter from J. Edgar Hoover to the Commission, the so-called 1964 NAA tests were noted. Although Hoover tries to put the best face on the results, the sum total of his letter was that they were inconclusive. (Hurt, p. 81)

    The whole NAA issue seemed to be a dead end. But that did not discourage HSCA Chief Counsel Robert Blakey. Blakey decided to do a “retest” of the compositional analysis of the lead cores of the bullets involved in the case for the HSCA in September of 1977. Dr. Vincent Guinn, a nuclear chemist at Cal Irvine, did the testing and the HSCA called him as a witness at its public hearings. Guinn was called upon on September 8, 1978. The difference between what Hoover had reported, or not reported, in 1964 and what Guinn and the HSCA declared in 1978 was startling. The scientific test called NAA went from being “inconclusive” to showing that:

    1. Only two bullets struck the presidential limo and its occupants, thereby upholding the Warren Commission.
    2. All bullet lead trace metal analysis showed that the ammunition came from Western Cartridge Company’s Mannlicher-Carcano (WCC MC) manufacture. This would seem to link the ammunition to the alleged rifle found on the sixth floor.
    3. Fragments from Connally’s wrist were “matched” with CE 399, or the stretcher bullet that allegedly went through Kennedy also. This would seem to indicate the Warren Commission was right about the single bullet theory.

    In fact, the HSCA went out of its way to take a crack at Cyril Wecht here using Guinn’s testimony. Wecht had passionately argued that one bullet could never have remained as intact as CE 399 if it had done all the damage in two men this bullet was supposed to have done. On the basis of the new NAA testing, counsel Jim Wolf asked Guinn if Wecht was right on this point. Guinn replied: “Well, I think that is his opinion; but like many opinions and many theories, sometimes they don’t agree with the facts.” (HSCA, Vol. 1, p. 505) This was where the matter was left at the conclusion of the HSCA in 1979. Bullet lead analysis by NAA was taken seriously and Guinn and Blakey’s “findings” bolstered the Warren Commission. Advocates like Gerald Posner in his book Case Closed summarized the NAA as such: “Guinn’s finding ended the speculation that CE 399 had been planted on the stretcher, since there was now indisputable evidence that it had traveled through Connally’s body, leaving behind fragments.” Ken Rahn and Larry Sturdivan wrote in an academic journal that, “The NAA results were the most important new physical evidence that surfaced as a result of the House Select Committee on Assassinations investigation. It knits together the core physical evidence into an airtight case against Lee Oswald.”

    The first serious broadside against Guinn and the NAA was issued by Wallace Milam at the COPA Conference in Washington in 1994. Milam questioned the very basis of Guinn’s conclusions. Guinn had said that the metallic make-up of WCC MC could vary widely from bullet to bullet, the term for this being “heterogeneous” or irreproducible. But Guinn also added that the metallic make-up of a single MC bullet was not; the term for this was “homogeneous”. But Milam showed that Guinn’s data did show large variations within a single bullet, especially in the measure of the trace element antimony, which Guinn placed much weight on. He also noted that his testimony on this issue seemed to contradict a paper he wrote that very same year in Transactions of the American Nuclear Society. There he wrote that: “In the U. C. Irvine INAA background studies of the Mannlicher-Carcano ammunition, it was found that this bullet lead is remarkably heterogeneous somewhat within a given bullet.” (Emphasis added) Yet, for the HSCA, Guinn seemed to place the efficacy of the findings on the intra-bullet lead being homogenous or uniform and consistent throughout. And really, if this were not the case, then Guinn’s whole testimony would dissolve.

    Milam’s logic was penetratingly simple on this point. In the 1964 tests the FBI had taken microscopic samples from the same bullet and come up with different concentrations of antimony ranging from 636 parts per million (PPM) all the way up to 1125 PPM. With this wide range of data within one bullet, then it would be possible to match varying PPM values to differing fragments if one were to allow a large enough variance. And it appears that this variance is what led the Bureau to declare the earlier NAA results “inconclusive”.

    Milam’s discussion was well informed, pointed, and well documented. (It is available online at the site Electronic Assassinations Newsletter, under the title “Blakey’s linchpin”.) Later on Art Snyder, a physicist, questioned the statistical analysis used by Guinn. Interestingly, although Guinn prepared such an analysis, when challenged to assign a probability number for the certainty of his work, he declined. (For instance, the two acoustical analysts for the HSCA gave their work a 95% probably certainty statistic.) Snyder later commented that Guinn probably did not assign such a figure because the number would have been too high, signaling a high probability of error due to the high variables involved in his findings.

    In the face of these two trenchant attacks on the Guinn/Blakey analysis, Warren Commission defenders like Rahn and Sturdivan continued to defend the viability of the NAA analysis, saying that somehow Milam had misinterpreted Guinn’s work. (Yet, when Milam challenged Rahn to a simple test comparing heterogeneity and homogeneity in WCC MC bullets, Rahn declined.) Rahn and Sturdivan will not be able to ignore the content of the new work by Randich and Grant. It goes beyond the estimable critiques of Milam and Snyder to question the underlying tenets of Guinn’s NAA analysis.

    This new analysis shows that although the critiques of Milam and Snyder are valid, they don’t go far enough. The reason being that neither of them, or Guinn for that matter, was a metallurgist. Which Randich is. (And as Randich told me, Guinn should have had a metallurgist consulting him in his work.) The following startling facts have been left out of the debate over NAA.

    Randich and Grant declare that a major fault in the HSCA work is Guinn’s tenet that WCC MC lead “was found to differ sharply from typical bullet leads.” This is not the case: WCC MC bullets do not differ sharply from most bullet leads. They are much like other metal-jacketed leads. The MC lead seemed different to Guinn because he compared it to unjacketed handgun rounds. In his talk in San Francisco of July 15, 2006, Randich said that outside of .38 and .22 handguns, most bullet manufacturers use the same lead alloy. (He put the figure at about 75%.) This is shocking. What it says is that the lead alloy for MC ammunition, far form being unique, is the same that say, Remington would use. So one of the pillars of Guinn’s work, the singular identifiability of MC ammunition, has now fallen.

    Randich and Grant also discussed a crucial phenomenon in lead smelting called “segregation”, i.e. how the lead and trace elements distribute themselves through the heating and cooling process. During this process, the lead, because it is heavier, stays in the center, while the antimony “floats” to the edges. So depending on where one draws the sample from, that particular location will determine the levels of antimony. Further, copper tends to coagulate in clumps, so if you drew a sample from just one spot you might get a high concentration of copper. If you drew it from a few millimeters away, you could get a very low concentration. In fact, this is precisely what happened to Guinn. Which is why he tended to ignore his copper findings in favor of antimony and silver.

    Randich and Grant also concluded that Guinn’s sampling number for his conclusions was way too small to allow for the possibility of random matches. Randich said that the FBI held until recently that you could not get random matches with NAA analysis. It was later determined that they had never looked for any. After 2004, when Randich became a witness against them, they did look and they found one.

    Perhaps the most arresting piece of evidence produced by the duo was a chart measuring the trace elements of the five pieces of evidence Guinn analyzed: the bullet left in the rifle at the so-called “sniper’s nest”, the bullet that Oswald allegedly fired at General Walker, and the three samples from the Kennedy assassination. The values varied widely, but especially for the “sniper’s nest” bullet and the Walker bullet. Peter Dale Scott looked at this chart and surmised that it looked like those two bullets came from a different gun or type of ammunition. Right before this chart was placed on the overhead, Randich was talking about how trace metal values can vary widely in a particular run if one of the ingots used for the metals has been replaced on the production line. I asked him if he was then saying that theoretically all of those bullets, with their wide trace metal values, could come from one box. He replied that yes, they could. I then asked him, “Then what’s the basis for this science?” He replied, “You’re talking to the choir.” Today, this new analysis is so convincing that the man that originally sponsored it and then advocated it to convict Oswald, Robert Blakey, has now joined the choir. Unfortunately, like many things in this case, the truth has emerged 28 years too late.

    It is relevant to remind the reader of two other relatively recent discoveries in the bullet evidence field. The work of Josiah Thompson and Gary Aguilar has shown that CE 399 was not positively identified by the two witnesses who the Warren Commission relied upon for their alleged identification. So there is no positive proof that the “magic bullet” was the one found on the stretcher at Parkland Hospital. Secondly, the painstaking work of John Armstrong in his book Harvey And Lee raises the most serious questions about whether or not Oswald actually ordered the alleged murder weapon. That work, when combined with the writings of Randich and Grant, has undone the so-called “core physical evidence” against Oswald. Far from composing an “airtight” case against Oswald, the most serious questions need to be asked about the origins of this evidence, and where the linkage to Oswald can be found. Like the medical evidence in the nineties, these new developments in the bullet and rifle evidence have left both the HSCA and the Warren Commission foundering in a sea of questions and doubt.


    (Stuart Wexler will be writing another article for this site on the dubious validity of Guinn’s NAA study with new evidence and analysis questioning the statistical basis of his work.)

  • Old theory, new doubt


    (from the Pittsburgh Tribune – August 25, 2006)


    Scientists at the Lawrence Livermore Laboratory studying the assassination of President John F. Kennedy have done what many thought impossible — their research suggests that the single-bullet theory is even less credible than it seems.

    And by extension, it further casts doubt on the credibility of Arlen Specter, the U.S. senator who, in another career, invented the magic bullet scenario — a tumbling, direction-changing projectile that long has defied the laws of physics and common sense.

    The Pennsylvania Republicrat, who at the time was an assistant district attorney in Philadelphia, was an assistant counsel for the Warren Commission, charged by President Lyndon Johnson with investigating the crime.

    Pat Grant, director of Livermore’s Forensic Science Center, and metallurgist Erik Randich say that key evidence such as the crime scene bullet fragments might have been misinterpreted. They contend the so-called chemical fingerprints that supposedly identified which bullets the fragments came from are anything but conclusive. Those “chemical fingerprints” are not the equivalent to the one-of-a-kind human fingerprints; they’re more like generic tire tracks.

    And because of that, the scientists say there could have been one to five bullets instead of the three supposedly fired by alleged assassin Lee Harvey Oswald. Mr. Specter’s lone-gunman theory is that much closer to being disproved.

    Librarians always should be prepared to move “Passion for Truth,” Specter’s ironically titled book about finding JFK’s single bullet, to where many believe it always should have been:

    The fiction section.

  • Challenge to lone gunman theory


    (from the Contra Costa Times)

    By Betty Mason


    LIVERMORE – More than four decades after his death, John F. Kennedy’s assassination remains the hottest cold case in U.S. history, and the clues continue to trickle in. Now Lawrence Livermore Laboratory scientists say a key piece of evidence supporting the lone gunman theory should be thrown out.

    A new look at clues gleaned from studies of crime-scene bullet fragments shows they may have been misinterpreted.

    “It basically shatters what some people call the best physical evidence around,” said chemist Pat Grant, director of the lab’s Forensic Science Center.

    Grant and Livermore Lab metallurgist Erik Randich found that the chemical “fingerprints” used to identify which bullets the fragments came from are actually more like run-of-the-mill tire tracks than one-of-a-kind fingerprints.

    “I’ve spoken with people on both sides of the conspiracy divide and there’s no question but that (Randich and Grant’s) work is going to be very difficult, if not outright impossible, to refute,” said Gary Aguilar, a San Francisco ophthalmologist and single-bullet skeptic who has studied the Kennedy assassination for more than a decade. “It looks impregnable.”

    The government’s claim that Lee Harvey Oswald alone killed Kennedy spawned a vitriolic debate between conspiracy theorists and lone gunman supporters that rages to this day.

    In 1964, the Warren Commission, established by President Lyndon B. Johnson to investigate the assassination, concluded that Oswald fired just three shots from the Texas School Book Depository in Dallas: The first missed entirely. The second passed through the president’s neck, into Texas Governor John Connally’s body under his right arm, out through his chest and then splintered his wrist and wounded his left thigh. The third fatally hit Kennedy in the head.

    Single-bullet theory
    Even though three bullets were involved, this scenario became known as the “single-bullet theory” because it requires the second bullet to account for all the nonfatal injuries to both Kennedy and Connally.

    The injuries to Kennedy’s neck and to Connally happened within a split second of each other. So either the injuries to both men came from a single bullet from Oswald or from at least two bullets from more than one shooter. Oswald’s rifle couldn’t have fired two shots in such rapid succession.

    So in order for Oswald to be the lone gunman, it had to be a single bullet.

    Skeptics and believers alike say the bullets amount to the most important piece of physical evidence for the single-bullet theory. Throwing it out is like removing a leg from a four-legged table.

    “Warren Commission defenders consider this evidence central to the single-bullet theory,” Aguilar said.

    But Grant and Randich say the bullet lead analysis was faulty. Both Randich and Grant are forensic scientists at Livermore Lab but researched the JFK case on their own time. Their work is the latest chapter in an ongoing saga.

    Lead impurities
    In the immediate aftermath of the assassination, the FBI analyzed five bullet fragments recovered from the limousine, the governor’s wrist, the president’s brain and from a hospital stretcher.

    The FBI used a technique known as “neutron activation” analysis to find the precise composition of the fragments. By determining the exact amounts of impurities in the lead, such as antimony and silver, they hoped to be able to tell which fragments came from the same bullet. But the FBI decided it couldn’t draw any conclusions from the results.

    In 1976, the U.S. House of Representatives formed an assassination committee to investigate the deaths of JFK and Martin Luther King Jr. The move was largely a response to hundreds of books, documentaries and magazine pieces questioning the government’s version of the JFK assassination, as well as public outcry following the first airing of Abraham Zapruder’s home movie of the assassination on the television show, “Good Night America.”

    The committee called in nuclear chemist Vincent Guinn, one of the world’s foremost experts on neutron activation, to reanalyze the bits of bullet lead.

    Unlike the FBI, Guinn drew a very clear conclusion. He said the antimony in the fragments clearly showed they all came from two, and only two, bullets of the type used by Oswald’s gun, which supports the Warren Commission’s lone gunman theory.

    According to Guinn, one set of fragments from the president’s brain and the limousine in front of the president had around .06 percent antimony, and all came from the bullet that killed JFK. The other set of fragments from the governor’s wrist and a nearly intact bullet found on a stretcher at the hospital had closer to .08 percent antimony and were pieces of the infamous “single bullet.”

    Based on evidence including the bullet lead, the committee concluded in 1979 that both shots had come from Oswald’s gun.

    They did not, however, rule out the possibility of a conspiracy. In fact, they strongly suspected a second shooter was present that day, but based on Guinn’s data, any second shooter had missed the target.

    Or maybe not.

    “It turns out that if you really analyze the results correctly, then the results are wrong,” said Grant.

    Fatal flaw
    Randich and Grant’s study grew out of work Randich did in 2002 that exposed a fatal flaw in the FBI’s use of bullet-lead evidence to connect suspects with crime scenes in thousands of criminal cases during the past three decades.

    The FBI claimed that like a fingerprint, each batch of lead has a unique chemical signature, so the specific amounts of impurities in a lead bullet could match it with other bullets from the same batch. For example, if bullets at a suspect’s house were found to have the same impurity signature as a bullet or fragment found at a murder scene, it was treated as evidence tying the suspect to the crime.

    Randich’s training as a metallurgist told him there was something wrong with this reasoning.

    “I realized these people could put my sons in jail with bogus science,” he said. “I thought I ought to do something about it.”

    By analyzing years of data kept by lead smelters, Randich found that batches are not unique, and bullets from different batches of bullets poured months or years apart could have the same chemical signature. And bullets poured from the start of a batch could differ slightly, but measurably, from those at the end.

    He has testified in about a dozen cases. Because of his work, courts now reject bullet-lead analysis and the FBI no longer uses it as evidence.

    JFK case problems
    The JFK case has similar problems.

    According to Guinn, the type of bullets used by Oswald happened to have highly variable amounts of antimony.

    Guinn said the variation between bullets of this type was so great that he could use it to tell individual bullets apart, even from the same batch of lead.

    Randich and Grant say that assumption is dead wrong.

    They analyzed the same type of bullets and showed that within a single bullet, there is a significant variation in impurities on a microscopic scale. The range of concentrations of impurities in each bullet is large enough to make small fragments from different parts of the same bullet have very different chemical fingerprints.

    Some of the fragments in the JFK case are so small that the differences in antimony could be explained entirely by this microscopic variation, instead of by differences between bullets, they said. Randich and Grant’s study was published in July in the Journal of Forensic Sciences.

    One to five bullets
    “We don’t know if there were two bullets,” said Randich. “There could have been two bullets, but the lead composition data shows there could be anywhere from one to five bullets.”

    The bullet found on the stretcher is missing some lead, but not enough to account for all the other fragments. So there had to be more than one bullet. But Grant and Randich say there is no way to tell how many more, at least from the bullet lead.

    Losing Guinn’s bullet-lead evidence is a major blow to the single-bullet theory.

    That evidence “knits together the core physical evidence into an airtight case against Lee Oswald,” according to a 2004 paper by Larry Sturdivan and Ken Rahn in an issue of Journal of Radioanalytical and Nuclear Chemistry that celebrated Vincent Guinn after his death. “It is, thus, the key to resolving the major controversies in the JFK assassination and putting the matter to rest,” the paper said.

    Rahn, an atmospheric chemist recently retired from the University of Rhode Island, stands by this statement and Guinn’s research despite Randich and Grant’s study.

    He says he believes it is possible that microscopic variation occurs within bullets of this type, but Grant and Randich can’t say for sure whether it happened in the JFK bullets because they didn’t analyze those particular fragments.

    Rahn thinks it is far more likely the fragments fell into two distinct groups, one with .06 percent antimony and the other with .08 percent, because they came from two distinct bullets.

    This fits the Warren Commission’s conclusion that Oswald was the lone shooter, and two of the three bullets he shot hit the occupants of the president’s limousine, Rahn said.

    Grant counters that the two groups of bullet fragments might not actually be that distinct. The margin of error associated with the antimony analysis means that, statistically, the concentrations are too close to separate into groups.

    Although Randich and Grant’s research doesn’t solve the Kennedy assassination, it certainly does weaken the case for a lone gunman.

    “In recent years, the (bullet) fragment evidence has become one of the key struts supporting the single-bullet theory,” Aguilar said. “Randich and Grant have knocked this slat out from under the theory.”