Tag: GARRISON INVESTIGATION

  • Posner in New Orleans: Gerry in Wonderland


    Listening to the media accompaniment surrounding the release of Gerald Posner’s 600 page volume Case Closed, one was reminded of the trumpet blare which sounded when the Warren Report was released 29 years ago. Reading US News and World Report, a usually staid and reserved publication, one would have expected an investigatory effort worthy of Scotland Yard or the Mossad. What emerges after all the sound and fury is an effort more comparable to the Dallas or Los Angeles Police Departments.

    Before getting to the main focus of this essay, one needs to comment on some general matters regarding Mr. Posner and his book. Reportedly, like John McCloy and Allen Dulles, Mr. Posner is a Wall Street lawyer. Based on three interviews with sources who read his previous book on Mengele, Posner whitewashed that notorious Nazi’s ties to the Hitler regime before his McCloy-aided escape to South America after World War II. This may help explain Posner’s quite questionable use of sources.

    About the first half of Case Closed deals exclusively with the life and careers of Lee Oswald. Like the Warren Commission and the five volume FBI report on the assassination, Posner’s focus is on Oswald and it is in extreme close-up since it is always easier to portray a man as a lone nut if you draw him in a virtual vacuum.

    But to rig the apparatus even further, Posner uses the most specious witnesses imaginable in his single-minded prosecutorial proceeding. Scanning his footnotes for the first ten chapters, a rough approximation would estimate that about 75% of them originate from the Warren Commission volumes. In turn, many of these citings come from the testimony of Marina Oswald who, as lawyer Posner must know, could not have testified at Oswald’s trial. Also, Posner never reveals to the reader how Marina was abducted and then stowed away at the Inn of the Six Flags Hotel and how she was virtually quarantined while she was being threatened with deportation. Posner never points out any of the problems and inconsistencies with her Warren Commission testimony, which even some of the Commission members had reservations about, and which a skillful defense lawyer would be able to exploit to great advantage.

    If that were not enough, Posner quotes liberally from the testimony of both Ruth Paine and George DeMohrenschildt, two people who — to say the least — have questionable motives in this case and both of whom have direct and indirect ties to the CIA. Again, Posner ignores those ties and actually states that DeMohrenschildt had no connection to American intelligence (p. 86), when the CIA admitted those connections over 15 years ago. Posner also uses Oswald’s “Historic Diary” against him when everyone, even Edward Epstein, admits that it was not a “diary” at all, but was composed in 2 or 3 installments, probably as part of Oswald’s cover as an espionage agent.

    Finally, Posner quotes liberally from the work of Priscilla Johnson McMillan, the newspaper correspondent who interviewed Oswald in Russia, then helped the Warren Commission find Oswald’s tickets to Mexico after the FBI could not. She then locked up Marina Oswald for 13 years with a book contract until Marina and Lee, the mother of all “Oswald-did-it” books, appeared in 1977. The working papers of staff lawyer David Slawson reveal that even the Warren Commission suspected Ms. McMillan had ties to the CIA.

    This is all prelude to what the author does when his book reaches the locale of New Orleans. Posner seems all too aware that the city and Oswald’s actions there in the summer of 1963 pose a serious threat to the main thesis of his book. Perhaps this is why his bibliography lists all of Harold Weisberg’s books except Oswald in New Orleans. For to admit that Oswald was associating with clandestine operatives like Clay Shaw, David Ferrie and Guy Banister poses a big problem for a man intent on painting Oswald as a demented communist zealot. Consequently, Posner shifts into a denial mode and sustains it by any means necessary.

    For instance, Posner begins Chapter 7 by stating that, according to Marina, Oswald was home early every evening for the couple’s entire stay in New Orleans. Posner has often stated that he had access to the late Jim Garrison’s files. If he did he would have found out that Oswald stayed overnight on more than one occasion in a room adjacent to the French Quarter restaurant, “The Court of the Two Sisters.” The room was arranged by a mutual friend of Shaw and Ferrie. Posner mentions that Oswald worked at Reily Coffee Company while in New Orleans but leaves out the facts of the Reily family’s connections to Cuban exile groups and the peculiar coincidence of Oswald’s colleagues being transferred from Reily to the NASA complex at nearby Michaud Air Force Base. Posner states that Oswald’s expenditures of nearly $23.00 on pro-Castro leaflets was not exorbitant even though it was about one-sixth of what he was making per month, or the equivalent of a man making $3,000 per month spending about $500 on political flyers.

    On page 157, Posner writes that the altercation between Carlos Bringuier and Oswald on Canal Street in August of ’63, which resulted in Oswald’s conspicuous arrest, was not staged. Yet he never asks the logical followup question: if it was not staged then why did Oswald write about it days in advance? Of William Gaudet, one of the CIA agents who escorted Oswald on his strange tour of Mexico, Posner writes that he had no relation to the case outside of being next to Oswald when in line to buy a tourist card for south of the border. He adds that Gaudet was a “newspaper editor.” Posner does not write that the newspaper Gaudet edited was a right wing propaganda sheet about South American politics, that one of his reporting duties was supplying infomation to the CIA, that one of the men he worked for earIy in his career was a business associate of Shaw’s, and that Gaudet had a virtually rent-free office in the International Trade Mart which was provided to him by Shaw.

    Posner frequently uses character assassination when he finds testimony contrary to his thesis. Orest Pena had stated to Harold Weisberg that he had seen Oswald at his bar, the Habana. That tavern was a frequent watering hole for Ferrie, Bringuier, Shaw, and other militant Cuban exiles. Posner states (p. 167), that Pena recanted his story at his first FBI interview and vacillated before the Warren Commission. Posner does not state that Pena was visited by both Bringuier and FBI agent Warren DeBrueys and warned about his official testimony. Posner tries to finish off Pena by adding that he was later charged with managing prostitutes out of his establishment and was aided in his legal defense by “leading conspiracy buff Mark Lane.” What he faiIs to add is that his legal problems came about after his testimony before the Warren Commission and that the charges were so weak they never came to trial.

    Posner’s most breathtaking balancing act relates to Oswald’s relationship with Ferrie and Banister. On page 143, he states that the many Civil Air Patrol cadets who testified to Oswald being in Ferrie’s CAP before he joined the Marines must be either mistaken or lying since Ferrie was thrown out of the CAP in the mid-fifties when Oswald was supposed to be in his unit. Posner’s blinders keep him from telling the reader that, at this time, Ferrie formed his own CAP unit in Metairie and it was this unit that Oswald was a member of. This information is available in the invaluable Southern Research Company investigation of Ferrie commissioned by Eastern Airlines during his dismissal hearings. These papers are on file at the AARC. Posner states he spent many hours there. Did he skip the Ferrie file? On page 428, Posner states that “there was no evidence that connected Ferrie and Oswald.” In Garrison’s files it is revealed that Ferrie stated this himself to two people — Ray Broshears and Lou Ivon. He also told them he worked for the CIA. If Posner needs further evidence of the Ferrie-Oswald friendship he should ask Gus Russo, whom he credits in his acknowledgments. Russo found a photo of the two together from a friend who knew the pair in Ferrie’s CAP.

    Posner’s efforts to keep Oswald away from 544 Camp Street have a touch of the ludicrous about them. He tries to discredit the reliability of every witness that places Oswald there: Delphine Roberts and her daughter, David Lewis, Jack Martin, Oswald himself and the HSCA. He portrays Roberts as off her rocker and says she now states she lied to Tony Summers in the late 70’s about Oswald being in Banister’s office. She says today that Summers gave her some money to appear on camera for a TV special and this is why she said what she did. Posner ignores the following: 1) Roberts told her story to Summers before he even mentioned anything about a payment; 2) on her own and without any promise of money, Roberts told essentially the same story to Earl Golz of the Dallas Morning News in a story that ran in December of 1978; and 3) her story about seeing a “communist” outside the office leafletting the area, telling Banister, and him laughing and saying that he was one of them is partly corroborated by an interview with a third party in Banister’s office at the time. Again this is in the Garrison files that Posner says he had access to.

    In his desperation to discredit anyone associated with either the Garrison or the HSCA investigation of the New Orleans part of the conspiracy, Posner occasionaly winds up swinging at air. On page 138, he writes that Gaeton Fonzi was the HSCA investigator on the issues of Banister, 544 Camp Street, and David Ferrie. He smears Fonzi and the validity of these reports by saying “he was a committed believer in a conspiracy.” Fonzi’s name does appear on the reports in Volume X of the House Select Committee appendices. But in those reports related to the New Orleans part of the investigation his name appears along with the names of Pat Orr and Liz Palmer. If Posner would have talked to any of these people before smearing Fonzi, he would have found out that Fonzi only edited the New Orleans reports. Orr and Palmer did the actual field investigations and original writing in these sections, something that Fonzi has no problem telling anyone. I know of no books, articles or interviews by Orr or Palmer which would show them to be a “committed believer in a conspiracy.” In fact, both have reputations for reserved judgment and objectivity.

    Posner’s depiction of the Clinton episode in the late summer of 1963 and which connects Shaw, Ferrie and Oswald epitomizes his stilted, fundamentally dishonest approach. He obtained some of the original memorandums made by the Garrison probe into the incident and attempts to show that since the eyewitness testimony does not jibe, then the witnesses are lying and therefore Garrison coached them into telling a coherent story at the trial. First, let us note that it is Posner in his section on Dealey Plaza who writes that eyewitness testimony to the same event often differs (funny how his standards constantly shift). Second, I would like to know if Mr. Posner asked Shaw’s attorneys — lrvin Dymond and Bill Wegmann — how they got these memos. But more to the point, Posner either doesn’t know or doesn’t think it important to inform the reader that the incident under discussion took place in two different towns. Oswald was first seen in Jackson, about 15 miles east of Clinton. Two of the witnesses who testified at the Shaw trial saw Oswald, or a double, in Jackson and in a different car than the one that appeared in Clinton later. Henry Palmer, one of the witnesses who talked to Oswald in Clinton — and it was Oswald there — interviewed him away from the voter ralIy, and did not get a good look at the car which contained Shaw and Ferrie. Oswald’s last appearance in the area was at the hospital back in Jackson where two personnel secretaries took his application for a job.

    What Posner does with all this is worthy of a cardsharp. By implying that all the elements — the car, the passengers, the rally, the witnesses — are in one place at one time, he tries to cast doubt on the witnesses and aspersions on Garrison’s use of them. It would be the equivalent of having a couple drive a different car into a service station, having a different car leave and go to another station, and then the original car returns with only the husband driving. Would we expect the two sets of witnesses to see the same thing? On the contrary, if they did we would have doubts about them. If this tactic would have seemed effective, wouldn’t Dymond and Wegmann have used it at the trial? Posner lists the transcript of the Shaw trial in his bibliography. If he really read it he would say that Dymond’s cross-examination of these people was quite gentle, he barely touched them. And when he tried to get tough, it backfired.

    Posner writes of Clay Shaw that no one knew him as Bertrand (pp. 430, 437). I have been about half way through Garrison’s files and related FBI files. There are 11 different references to Shaw as Bertrand. Posner passes out the old chestnut about Shaw being only a lowly “contract” agent who “like thousands of other Americans” was interviewed by the Agency about his foreign travels (p. 448). Posner does not state that Shaw filed 30 reports with the CIA over a six year period, that this relationship likely extended beyond the time period recognized by the CIA; that Shaw’s connections to the European front organizations Permindex and Centro Mondiale Commerciale are, to say the least, suspect, that in the August 1993 CIA release made available at the National Archives, a document reveals that Shaw had a covert clearance for a top secret CIA project codenamed QKENCHANT.

    This is too long to explore other related matters that Posner mangles. But let me briefly mention three of the “mysterious deaths” that Posner tries to set us straight on. On page 496, Posner insinuates that the death of Mary Sherman was neither mysterious nor relevant and that “she was killed in an accidental fire.” Like John Davis, he lists the year of her death as 1967. Mary Sherman died on July 21, 1964, the same day that the Warren Commission began taking testimony in New Orleans. Posner could have checked the local newspapers on this because her death made headline news for days after. To this day her case is listed as an unsolved murder by the New Orleans police. There was a small fire in her apartment and some smoke, but they were certainly not the cause of death. Her severed arm probably had more to do with it; along with her discarded yet blood-drenched gloves (think about that one), and also the hack marks made from a butcher knife on her torso.

    In the same section, Posner writes that there is no source for the claim that Gary Underhill was a former CIA agent, and “no corroboration that he ever said there was CIA complicity in the assassination.” I hate to plug my own work, but in Destiny Betrayed, Posner would have learned there are several sources for Underhill’s wartime OSS career and his later CIA consulting status, including Underhill himself. As for his accusations about the CIA and the murder of JFK, he related them quite vividly to his friend Charlene Fitsimmons within 24 hours of the shooting. She then forwarded a letter to Jim Garrison relating the incident in detail.

    On the same page in which he discusses the Underhill case, Posner describes the murder of Mary Meyer in two sentences: “Mary Meyer (murdered) was allegedly one of JFK’s mistresses. Except for her reported liaison with the President, she was not associated with any aspect of the case.” Posner does not include Katherine the Great by Deborah Davis in his bibliography. If he would have read it he would have learned that Mary Meyer had been married to former CIA counterintelligence officer Cord Meyer. That several acquaintances stated that Kennedy was quite taken with the pretty and bright Meyer. And that since she had been married to a CIA officer, he confided in her about his plans to reorganize the Agency in his second term. Needless to say, the poor wretch accused of her murder was acquitted on weak evidence.

    I have only dealt with a small part of Posner’s work. I am sure if other specialists critiqued it they could come up with similar summaries in other fields of evidence. Suffice it to say that when an author evinces these kinds of tendencies, all exculpative of the CIA, all incriminating of Oswald, one has the right to question his bona fides. Posner is this year’s version of the Breo and Lundberg show. And again the media has heralded him without a critical eye. Upon scrutiny, his work, like JAMA’s is revealed to be a sham, maybe worse. And as with JAMA, two people are contemplating lawsuits against Random House and Mr. Posner. No doubt, the press will ignore the progress and revelations of those lawsuits.

    For the rest of us, the ones who care enough to be serious, the struggle to reopen this case continues. No matter how many Moores, Breos, and Posners come down the trail, we must never lose sight of that aim. Perhaps then we can swear in Mr. Posner and ask him who exactly were the CIA confidential sources he consulted and why — 30 years after the fact — they still demand anonymity?

  • The Sins of Robert Blakey, Part 2


    From the November-December 1999 issue (Vol. 6 No. 1) of Probe


    Blakey told him, “You guys are thinking too big. You’ve got to get your conspiracy smaller.” Sprague replied, “Well, how small Bob?” The professor replied, “Five or six people.” HSCA investigator Eddie Lopez vouched for this rendition of Blakey’s view of how large a conspiracy could be.


    In an interesting segment from Gaeton Fonzi’s wonderful 1993 book The Last Investigation, the author recalls his first meeting with and impressions of the man who replaced Richard Sprague as chief counsel and staff director of the House Select Committee on Assassinations. At that time, the summer of 1977, Deputy Counsel Robert Tanenbaum was supervising the JFK side of the House Select Committee while awaiting a replacement. Tanenbaum had called Fonzi and told him that he wanted him to meet the incoming chief counsel, Cornell law professor G. Robert Blakey. Fonzi describes his first thoughts about Blakey thusly:

    Among my first impressions of Bob Blakey was that he was very knowledgeable in the ways of the Washington bureaucracy. It was obvious that he knew how to take over an operation because the first thing he did when he arrived was nothing. That, as they tell you in the military, is exactly what a new commander should do when he is assigned a unit: Do nothing but walk around, look around, listen carefully and ask questions. Then you’ll know how to move for control quickly and firmly…. Blakey turned out to be a very cunning intellectual strategist who seemed to take quiet pride in his ability to manipulate both people and situations. (pp. 208-209)

    Blakey’s Small Conspiracy

    Clearly, during the brief transition period in July of 1977, Blakey had decided that the open-ended investigation that his predecessors had launched was, for his purposes, much too broad and also too reliant on the literature critical of the Warren Commission. When I talked to photoanalyst Richard E. Sprague in 1993, he related a personal conversation that he had with Blakey shortly after the professor had taken over. Blakey told him, “You guys are thinking too big. You’ve got to get your conspiracy smaller.” Sprague replied, “Well, how small Bob?” The professor replied, “Five or six people.” HSCA investigator Eddie Lopez vouched for this rendition of Blakey’s view of how large a conspiracy could be. He said that in his lecture classes on criminal conspiracy, Blakey would describe such an entity as spokes on a wheel. It was necessary to keep these human spokes small in number to minimize the possibility of one breaking i.e. talking.

    To limit the conspiracy and deliberate cover-up in the John F. Kennedy case to five or six people is quite a tall order. But the cunning strategist Blakey knew where to strike first. Bob Tanenbaum had brought Michael Baden into the House Select Committee on Assassinations because he had worked with him many times in New York City where Tanenbaum worked homicide cases and Baden was Chief Medical Examiner. Tanenbaum had much admiration for Baden’s skills as a forensic pathologist, i.e. a doctor whose specialty is determining the cause of death in cases that need full autopsies. Tanenbaum told me that as long as he was there, Baden backed the basic idea that the Kennedy murder was the result of a conspiracy. In other words, the single bullet theory was not tenable. But something happened to Baden when Blakey took the helm, because shortly thereafter he switched positions. He became a vociferous backer of Oswald as the only assassin. In other words, the single bullet theory was now not only viable, it was the only way to go. And according to Jerry Policoff, people inside the committee have said Baden began to ride herd on the medical panel, actively encouraging the thesis on his cohorts

    Purdy Switches Sides

    Once Baden had switched his position, Andy Purdy was the next to go. As I wrote in the first part of this piece, Purdy was a friend of Representative Tom Downing’s son at the University of Virginia. Purdy had seen Robert Groden’s enhanced version of the Zapruder film and encouraged the son to have his father see it. Downing then wrote his bill authorizing congress to investigate the Kennedy case based on that viewing of the Z-film. Through his connections to Downing, Purdy secured a position on the committee. By all accounts, and like Baden, while Sprague and Tanenbaum were in command Purdy was all for finding the real conspirators in the Kennedy case. But Eddie Lopez said that one day shortly after the transition, young Purdy went into a meeting with Blakey and Baden. When he came out he announced, “We’re going with the single bullet theory.” Lopez was shocked. He began arguing with Purdy in a demonstrative way. He sat himself down in a chair to demonstrate the trajectory of the single bullet through Kennedy’s back. He then raised his arms over his head to show Purdy that it would be impossible for a bullet entering at the level shown in Kennedy’s shirt (about four inches below the collar) to exit at his throat. He raised his arms as high as they would go trying to show Purdy that no matter what he did, the bullet hole in the shirt would never rise up to neck level: “See, you can’t do it Andy!” It was to no avail. As Gaeton Fonzi later said, it was like the epiphany of St. Paul. Purdy now had gotten religion.

    What happened to Baden and Purdy? No one can know for sure. It would certainly seem that the facts of the case did not change. It would be very illuminating for all of us if Purdy would divulge what was discussed behind closed doors at the meeting which caused his conversion. But whatever was discussed, the 180 degree swerves of Baden and Purdy were very helpful in resuscitating the “Oswald as lone assassin” story. Because Baden would now lead the medical panel arranged by Blakey and Purdy would end up being the chief medical investigator for that panel. As long as both maintained the figleaf of the single bullet theory, it would be possible to posit a small conspiracy.

    Kennedy’s Wounds Shift Positions

    The problem with Purdy and Baden’s work though is that it does not hold up under scrutiny. In fact, it is not even consistent with its own assumptions. For a startling illustration of this, one only has to look at Baden’s own testimony in Volume 1 of the House Select Committee published set. On pages 186-192 Baden discusses the wound in Kennedy’s back with an illustration provided by medical artist Ida Dox. Her renditions are based on the actual autopsy photos. Baden and his panel moved the wound in Kennedy’s back lower than the Warren Commission had placed it. But even more importantly, he discusses something called an “abrasion collar”. This is the ring made around a bullet hole in the skin that can sometimes reveal directionality i.e. the angle at which the bullet perforated the body. The Warren Commission drawing of this angle placed that bullet at a downward trajectory from the sixth floor and this HSCA volume has that drawing in it (p. 232). Yet the two drawings prepared by Dox for the HSCA do not maintain that angle. They depict, respectively, a flat trajectory of entrance and an upward trajectory. (pp. 190-191) Both Baden and his questioners danced all around this issue. Clearly it was not to be openly stated at the public hearings. Unfortunately, Cyril Wecht let the cat out of the bag right after Baden left. In discussing the horizontal and vertical trajectories of the new HSCA version of the single bullet theory he stated the following:

    The panel, to the best of my recollection, was in unanimous agreement that there was a slight upward trajectory of the bullet through President John F. Kennedy, that is to say, that the bullet wound of entrance on the President’s back, lined up with the bullet wound of exit in the front of the President’s neck, drawing a straight line, showed that vertically the bullet had moved slightly upward. . . . (p. 344)

    In other words, in this regard, the HSCA had actually outdone the Warren Commission. Not even the Commission could postulate that a bullet fired from above could enter Kennedy’s back at an upward angle – and then actually reverse its trajectory inside the body without hitting bone. Yet by admitting one thing that was true – that the bullet did not hit Kennedy in the neck but in the back – they had to create an even larger fiction to cover an even greater deception. For as Wecht put it so vividly:

    How in the world can a bullet be fired from the sixth floor window, strike the President in the back, and yet have a slightly upward direction? There was nothing there to cause it to change its course. And then with the slightly upward direction, outside the President’s neck, that bullet then embarked upon a rollercoaster ride with a major dip, because it then proceeded; under the single bullet theory, through Gov. John Connally at a 25 degree angle of declination.. . . How does a bullet that is moving slightly upward in the President proceed then to move downward 25 degrees in John Connally? This is what I cannot understand. (Ibid)

    Stated in those clear, stark terms no wonder Baden and the committee wanted to tap-dance around the issue.

    Humes Does Baden’s Bidding

    There was another strange piece of alchemy done with the Warren Commission autopsy evidence on September 7, 1978, the second day of the HSCA public hearings. Sandwiched between Baden and Wecht was none other than Captain James J. Humes. Humes, of course, was the titular head of the autopsy team that examined President Kennedy’s body when it was shipped into Bethesda Maryland upon its return from Dallas. If one is discussing medical questions about perhaps the most important and dubious autopsy in contemporary American history, could there be a more important witness? Imagine the breadth and depth of questioning that could and should have been done with Humes. For instance, about any phone calls he may have received from the time he knew he was doing the autopsy until the time he entered the autopsy room. Or if he asked to look at the autopsy photos or x-rays before he wrote his report. Or if the doctors reconstructed the back of Kennedy’s skull with bones from Dallas to make the present photographs possible. One fine example the panel could have asked: Was there a probe done of the back wound to see if it penetrated all the way through the body? At the very least, the examination of Humes should have been as rigorous as that of his colleague Pierre Finck in 1969 at the trial of Clay Shaw. But if one examines the transcript of that September 9th hearing, a curious phenomenon is observed. Baden, who was not in Bethesda, talks on and on for about 53 pages. When he is finished, there are many questions. Wecht, who was not in Bethesda, goes on for about 39 pages. When he is finished, there are many questions. Humes talks for nine pages. Even more startling, when he is opened up for questioning to the committee, this is what appears in the transcript:

    Chairman Stokes: Thank you counsel. Are there any members of the committee that would seek recognition?

    [No response.] p. 331

    At this point in the radio broadcast of the hearings, medical researcher Wallace Milamstarted to cry.

    So what exactly was Humes called on stage to do? Under Tanenbaum’s replacement, Deputy Counsel Gary Cornwell, Humes was basically depicted as a bungling nincompoop who could not tell the top of the head from the bottom, a person’s back from his neck, and someone so sensitive to the memory of JFK that he threw out his original autopsy notes because they “were stained with the blood of our late President”. (Ibid. p.330) In other words, he got the location of the wounds wrong and burned the first draft of his autopsy notes. I will excerpt two parts of Humes’ comments to show what his Galileo-like recantation was like: “We made certain physical observations and measurements of these wounds. I state now those measurements we recorded then were accurate to the best of our ability to discern what we had before our eyes.” (p. 327) Four pages later, this follows:

    Having heard most of what Dr. Baden said, and the findings of his committee on forensic pathologists, I think the committee was very well advised to gather such a distinguished group. I wish I had had the availability of that many people and that much time to reach the conclusions that I and my associates were forced to reach in approximately 36 hours.

    Humes played the good soldier and simulated the humble, bumbling dolt for the HSCA.

    Humes Behind the Scenes

    Unfortunately for the public, we were not allowed to see what had gone on behind the scenes leading up to this dog and pony show. At their private conference with select members of Baden’s medical panel, all three autopsy doctors – Humes, Pierre Finck, and J. Thornton Boswell – mightily resisted this new location for the head wound: four inches up from where they had originally placed Kennedy’s fatal head shot. In the newly declassified HSCA files, Finck argues that he had the body right in front of him and that should be the strongest evidence. Humes also argues that what the HSCA is now calling a bullet hole does not even look like a wound to him. Humes said about the small red dot that the HSCA called an entrance wound, “I just don’t know what it is, but it certainly was not any wound of entrance.” This argument went on until one of the HSCA pathologists interjected. “We have no business recording this,” said Dr. Loquvam. “This is for us to decide between ourselves; I don’t think this belongs on this record. . . . You guys are nuts. You guys are nuts writing this stuff. It doesn’t belong in that damn record.” (Vol. 7 p. 255) ( Loquvam ended up writing the draft report of the medical panel.) But six pages later, Humes made an even more vigorous dissent and a telling point about the difference between the black and white vs. the color autopsy photos. Humes was being grilled about why, if the wound was in the lower part of the head, the photos depicting that “wound” are not centered on that particular part of the skull; the photographer’s camera lens is centered toward the middle of the head. Humes said that they were not trying to get just a picture of the wound in that shot. He then further replied with this: ” I submit to you that, despite the fact that this upper point that has been the source of some discussion here this afternoon is excessively obvious in the color photograph, I almost defy you to find it in that magnification in the black and white.” Baden did not directly respond to what was a not too subtle rejoinder that Humes himself could argue that there were signs of alteration in the photographs. (One has to wonder if this was the unspoken deal between the HSCA and Humes: He would take the fall as long as no questions were asked. If they were, he would bring up this weird discrepancy about the photos in public.) Suffice it to say, what the HSCA presented to the public was not an accurate portrayal of the dispute between Humes and the medical panel. Humes himself dramatized this years later when after Oliver Stone’s JFK came out, he reverted back to his original position for the head wound, four inches downward on the skull, for the publication Journal of the American Medical Association.

    But Baden had to do what he did.. Why? Because he decided that he had to stay true to the most recent version of the autopsy, which was not the Humes version. On the eve of the Clay Shaw trial, Attorney General Ramsey Clark had appointed a panel headed by forensic pathologist Russell Fisher of Maryland to again look at the autopsy materials in the JFK case. They had raised this rear head wound themselves. The elevation was clearly based on the presence of a large 6.5 mm. fragment apparent on the x-rays very close to the rear of the skull. As Dr. David Mantik has pointed out, this fragment was not mentioned by the three original autopsy doctors, which is hard to believe since its dimensions exactly fit the bullet size of Oswald’s alleged rifle. Mantik, not wed to the single bullet theory, went on to enact a tour-de-force demonstration of how this artifact was very likely inserted into the x-rays to cinch the case against Oswald. (See his long essay in the book Assassination Science, excerpted in Probe Vol. 5 No.. 2 .) Baden and Blakey would not touch this subject.. It could have indicated a larger conspiracy, at the very least, in the act of cover-up. So Humes did his temporary disappearing act. According to Jerry Policoff, it lasted until Humes left his microphone. As he left, he muttered, “They had their chance and they blew it.”(Gallery, July 1979)

    The Misreported Findings

    Did the HSCA “blow” its findings on the crucial aspect of the placement of the head wound? Or was something more sinister at work? In November of 1995, Gary Aguilar collated hundreds of pages of newly declassified documents of the HSCA by the Assassination Records Review Board. A crucial aspect of the medical evidence has always been whether or not a huge gaping hole existed in the back of Kennedy’s head after the murder. If this were so, it would give strong indication of a shot from the front since wounds of entrance generally make small puncture wounds while wounds of exit leave large, rough-edged holes. The doctors at Parkland Hospital in Dallas who had an opportunity to survey Kennedy’s head are almost uniform in their memories that just such an exit-type wound existed. To name just a few: Kemp Clark, Robert McClelland, Charles Carrico, Paul Peters, and Ronald C. Jones. Baden, basing his observations on the photos and x-rays, seemed to place this wound closer to the top of the head and nearer the right side, except that Baden called it a fracture caused by the entrance wound. The HSCA addressed this problem straight on in Volume 7 (pp. 37-39). The anonymous author of this section noted that Warren Commission critics had noted this discrepancy of the wound placement and had sided with the Parkland doctors believing that physicians who were accustomed to bullet wounds could hardly make such a mistake and all be so consistent in their recollections. The report then noted that, in opposition to the Parkland doctors, there were 26 people at Bethesda who watched the autopsy and they all corroborated the photos and x-rays. This statement is supported by a reference to “Staff interviews with persons present at the autopsy.” If this were so, it would be one more blow against the critics and for the HSCA’s strong belief in “scientific” evidence.

    The problem, as Aguilar so ably pointed out, is that the statement is not only false, but the opposite is true. Rather than contradicting the Parkland doctors, the 26 witnesses at Bethesda corroborated them. The Bethesda witnesses not only described a wound in the right rear of Kennedy’s head, they also drew diagrams illustrating that location. Further, when Aguilar presented the witness interviews on slides so that Cyril Wecht and Baden (who were both on hand) could see them, he asked both men if the had seen these corroborating reports while on the HSCA. Both answered that they had not. And who had conducted most of the interviews and was in a position to know the truth? Andy Purdy was the HSCA’s investigator whose name was on most of the documents. When Aguilar asked Purdy who wrote that (false) part of the report, Purdy said he did not recall. Aguilar wrote Blakey and got the same answer. Needless to say, when over forty witnesses in two different places describe the same type of wound in the same location and that wound does not show up on the photos or x-rays, it strongly suggests that something is wrong with those representations. And as I mentioned in the first part of this article, the fact that this uniformity of observation was not correctly noted by the HSCA seems to be at least part of the reason that David Lifton’s book Best Evidence seems a bit dated now. (See for example p. 172 and the drawings on p. 310).

    Baden and Russell Fisher

    After the HSCA September hearings, at a conference in December of 1978, Dr. Wecht reflected on what he felt to be some inherent bias in the composition of the medical panel. For instance, at the long interview with Humes (quoted above), Wecht was absent, and he was not made aware of that meeting until after the fact. Another one of the doctors on the panel, Dr. Weston, was a friend of Humes, who had worked for CBS on one of its JFK assassination documentaries. Wecht further added at that conference:

    It was not a surprise to me, nor do I believe it was circumstantial, that many of the pathologists who were selected [to the HSCA panel] are from the forensic pathology clique of Russell Fisher who headed the 1967 Ramsey Clark Panel and has a vested interest in having the questionable work of that panel endorsed.

    A perfect example of this was the choice of Werner Spitz, Chief Medical Examiner of Wayne County, which houses the city of Detroit. Prior to taking that position, Spitz served as assistant to Russell Fisher. Spitz was also a longtime friend of Humes and when Humes retired from the Navy, it was Spitz who threw a party for him. He then reportedly helped him find a job in the Detroit area. In 1975, Spitz was selected by the Rockefeller Commission and its Executive Director, former Warren Commission counsel David Belin, to examine the Kennedy autopsy photos and x-rays. Needless to say, that investigation ended up endorsing Russell Fisher’s findings.

    Vincent Guinn convicts Oswald

    Another expert employed by the Committee who would seem to have a less than objective attitude would be Vincent Guinn. Guinn was contracted to do the neutron activation analysis (NAA) on the one nearly intact bullet in evidence (the infamous Commission Exhibit 399), and for several other fragments recovered from either Kennedy or Connally’s body or from parts of the presidential limousine. This test breaks down pieces of evidence in a nuclear reactor to compare their smallest parts in elemental composition. In this case, Guinn was trying to show that the trace elements in these bullets and fragments were close enough in composition as to come from the Mannlicher-Carcano bullets allegedly used by Oswald. (Where Oswald got these bullets is another story.) Before describing and discussing Guinn’s conclusions, it is important to note how Blakey introduced him at the September 8, 1978 public hearing. During his opening narration, Blakey described Guinn as a professor of chemistry at the University of California at Irvine who “had no relation to the Warren Commission” (Vol. 1 p. 490). When asked later about this himself, Guinn replied in those same terms (p. 556). Unfortunately, if the reader turns to pages 152-153 of Mark Lane’s Rush to Judgment, he will see that this claim is apparently false. Lane wrote that although Guinn worked with the FBI on behalf of the Commission on the paraffin casts done for the nitrate tests about Oswald, and submitted a report on his findings, his name did not appear in the Warren Commission Report. Guinn himself admitted as much in a story in the New York World Telegram and Sun of August 28, 1964. At that time he worked for the big Pentagon contractor General Dynamics. In that story he is quoted as saying, “I cannot say what we found out about Oswald because it is secret until the publication of the Warren Report.” If Guinn was working on the paraffin casts of Oswald’s hands and cheeks in August of 1964, he had to have been in close contact with the FBI since they were the primary agent in these experiments for the Warren Commission. But yet Guinn’s direct quote on this subject was “…I never did anything for the Warren Commission, and although I know people in the FBI, I have never done any work for them.” (p. 556) This is extraordinary on two counts. First, could Blakey really not have known about this association if it was reported in Lane’s book? Could Guinn have forgotten he did work for the FBI on one of the biggest murder cases of the century? Secondly, the fact they both men appear to have been disingenuous about the subject shows another serious failing about the HSCA. Blakey and Gary Cornwell, Blakey’s closest associate, knew that one of the reasons that the Warren Report had fallen into disrepute was that many of its analysts had concluded that its findings were false because the “experts” used, especially by the FBI, were highly biased in favor of Oswald’s guilt. J. Edgar Hoover had essentially closed the investigation within about 72 hours after the crime. Since Hoover’s authority at that time was unchallenged, his subordinates did what they could to go along with that verdict. Blakey and Cornwell had to have been aware of this failing of the first investigation. It would seem to any sensible and objective observer that they were obligated to find the most independent and objective experts possible to retest some of this evidence. If necessary they would have been wholly within their mandate to go outside the country for them. But to go with someone like Guinn who not only did work for the Commission, but was then associated with General Dynamics, was inexcusable. (Larry Sturdivan, Blakey’s ballistics expert was also associated with the Warren Commission. See Vol. 1, p. 385; and his findings were just as dubious as those discussed here.)

    Guinn’s Fallacies Exposed

    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. Unfortunately for Blakey, Guinn’s vaunted scientific rigor, like Baden’s, does not stand up to scrutiny. Guinn made two spectacularly erroneous general statements about the Mannlicher-Carcano bullets to the HSCA. First that, “[Y]ou simply do not find a wide variation in composition within individual WCC [Western Cartridge Company] Mannlicher-Carcano bullets. . . “(Vol. 1, p. 505). Yet Guinn’s own analysis in his report in the same volume undercuts this statement. Guinn performed tests on these WCC bullets from 1973-1975 for Dr. John Nichols of the University of Kansas, who was greatly interested in the Kennedy assassination. He took bullets from three production runs from WCC and then cut each bullet into four fragments. He then did NAA tests to find trace element compositions e.g. of antimony, silver, and copper in the bullet. Wallace Milam in his paper “The Testimony of Dr. Guinn: Some Troubling Questions” examined the results which appear in the HSCA (Vol. 1, p. 549). The four fragments from one bullet showed wildly varying amounts of antimony ranging from 358 PPM (parts per million) to 983 PPM. That is a variation of about 250% in one bullet. The four fragments from a different lot run varied to a lesser degree, but the PPM of antimony fell right within the same range of the bullet from the first lot! This means that by Guinn’s own matching standard, he could have concluded that a Carcano bullet from a completely different production run than CE 399 could have had the same amount of antimony as CE 399. And antimony was the trace element Guinn considered most important. (Guinn’s chart and this criticism of it is also exhibited on p. 43 of Stewart Galanor’s new book Cover-Up excerpted in this edition of Probe.)

    Guinn also seems to have been wrong in his interpretation of the copper content linking CE 399 to some wrist fragments taken from Connally. The PPM in copper from the bullet was 58. Milam notes the PPM for the fragments was 994. Yet these fragments had to have come from the copper base of the same bullet and therefore were in close proximity to each other. In fact, going through all of Guinn’s findings in this regard, Milam concluded, “. . the stretcher bullet [CE 399] matches the wrist fragments most closely in only one of seven elements.”

    Researcher Ed Tatro also examined Guinn’s work with help from John Nichols. Tatro found some very disturbing discrepancies between the samples tested by Guinn for the HSCA and those tested by the FBI in 1964. Of the samples received by Guinn from the FBI, one turned out to be only a copper jacket, one was devoid of any testable metal and was only cement particles. Further, Tatro wrote in The Continuing Inquiry, Guinn’s tested fragments in 1978 do not match the tested fragments of 1964 in either weight, size or number. And as Milam notes, Guinn testified that the FBI tests would not have destroyed or altered the samples. (Vol. 1, pp. 561-562)

    As Milam further notes in his important paper delivered at the 1994 COPA Conference in Washington, in taped comments to several people after his testimony (one of whom was George Lardner of the Washington Post), Guinn made some of the following startling statements:

    1. It was not until he received the evidence from the National Archives that he discovered he was testing fragments different from those previously tested by the FBI.
    2. None of the specimen weights matched those of the 1964 test fragments. Some of the fragments given to Guinn actually weighed more in 1978.
    3. Guinn himself admitted that it would be easy to deliberately falsify evidence to be tested: “Possibly they would take a bullet, take out a few pieces and put it in the container, and say, ‘This is what came out of Connally’s wrist.’ And, naturally, if you compare it with 399, it will look alike. . . . I have no control over such things.”

    Concerning the last sinister implication, we don’t really have to seriously consider it since, as shown, above, Guinn’s tests for Mannlicher-Carcano bullets, to put it kindly, are not probative. But one more comment on Guinn’s tests is in order. As early researchers like Ray Marcus have shown, the chain of evidence for CE 399 is very questionable. It is not probable, in fact is highly doubtful, that the bullet came from Kennedy’s stretcher. In a court of law, a defense lawyer for Oswald would have argued vehemently against admitting it into evidence, and he would have probably prevailed. Blakey and Cornwell were lawyers. Were they not cognizant of this? Would they not be aware that since the chain of possession of their most important exhibit in this regard was dubious, it would legally eliminate all of Guinn’s vaunted findings? In light of this, why go through Guinn’s tests at all? In the final analysis, they prove nothing.

    Canning and the Flight Path

    On September 12, 1978, Thomas Canning was called to testify before the HSCA. Canning was another government employee, this time the agency was NASA. Canning had worked on the Mercury, Gemini, and Apollo space missions during his 23 years there. Canning seemed an odd choice for the assignment he was given, namely testing the flight paths of the two bullets that hit Kennedy. In figuring out bullet trajectories, one would naturally think first of hiring a surveyor to figure out the angle in degrees from the so-called sniper’s nest to the point where the first shot hit. But, incredibly, in the nearly fifty pages of testimony given by Canning, there is never any expression of that angle in degrees! ( Volume 2, pp. 154-203) Canning took a rather unique and unexpected track in this assignment. Instead of plotting an angle from the sixth floor window through Kennedy’s body, and then Connally’s back, wrist, and left thigh, he did the reverse. He found a point on Kennedy and then plotted backwards into space to see where he would end up. One would think that this would have spelled the end of Oswald as the lone assassin since, as described before by Dr. Wecht, Baden’s forensic panel had said Kennedy’s back wound went through the body at an upward angle. But Canning found a way around that difficulty. If one looks at his schematic tracing the wound from back to front in Kennedy, that point of entry is now elevated back into the neck i.e. where the Warren Commission placed it in 1964. (Vol. 2, p. 170) And in tracing the line connecting the entry with the exit point, the reader can see that the angle is now flattened with no slope either up or down. When Canning was asked how he plotted these points he gave differing answers. Some of the time he said he relied on the HSCA’s medical panel for the entrance and exit points. But once he replied with this: “It was determined from photographs that were taken during the autopsy and by measurements and notes that were taken at that time.” (p. 170) If Canning actually saw the autopsy photos then he saw something different than Ida Dox or Baden saw as anyone can see from his placement of the non-fatal wound.

    Amazingly, no one mentioned this rather glaring and serious discrepancy until near the end of Canning’s comments. Representative Floyd Fithian said, “. . . someone . . . has made the statement that when the bullet exited the President’s throat it was rising.” (p. 200) When Canning answered this question he tried to explain away one part of this problem by saying JFK’s head was tilted forward. But he then added that he based this on a photo which was timed with frame 161 of the Zapruder film. The problem with this, as we shall see, is that the HSCA placed the first hit of Kennedy at frame 189! (Vol. 6 pp. 27-28)

    Further, in backing the single-bullet theory, Canning stopped his tracing of the flight path at Connally’s back. In his public testimony at least, he never got to the myriad problems with the rest of the flight path i.e. out Connally’s chest and to his wrist, and then off the wrist and over to his thigh. Also, Canning revealed in a colloquy with Fithian that if his calculations were off on points of entry and exit by as little as one inch, he would miss the originating firing point by anywhere from thirty to forty feet. (Vol. 2, p. 196) In other words by as many as four floors in the Texas School Book Depository building, where Oswald was supposed to be firing from the sixth floor. This is very important for in calculating the entrance point in Kennedy’s skull, he did use Baden’s positioning of that wound. In other words, he placed it up high in the cowlick area. But if Humes was telling the truth on this point, Canning would be off by about 160 feet! That would mean not only a sniper on a different floor, but in an entirely different building on another block.

    Canning and the Sixth Floor

    What is amazing about Canning’s work is that, even without plotting angles at which bullets entered or exited, or using such integrals as degrees, and even using Baden’s positioning of the head wound, when asked to pinpoint a firing point for the fatal head shot by drawing a circle on the TSBD, this is what Canning came up with:

    Michael Goldsmith: Essentially that circle covers the top four floors of that building, is that correct?

    Mr. Canning: Yes; it includes one, two, three, four floors and the roof of the building. It extends slightly beyond the building at the southeast corner and extends over to the edge of the photograph here. (Vol. 2, p. 169)

    The photo accompanying this “pinpointing” of the firing point depicts an area about forty feet high and fifty feet wide or about 2,000 square feet. To top it off, when Canning was asked which of the two Kennedy wounds he had the best photographic evidence to assist him, he replied it was the head wound. (p. 157) Further, when Wecht described the general firing angle from the sixth floor, he described it as going from right to left. (Vol. 1, p. 344) In Canning’s skull diagram, he depicts the bullet direction inside the brain as going from left to right. (Vol. 2, p. 159)

    Canning was another witness whose performance was apparently arranged, perhaps even choreographed. In recently declassified documents we learn from a contact report by HSCA staffer Mark Flanagan that there were “two schools of thought” on the location of the exit wound in Kennedy’s head – Baden’s and Canning’s. (Report of 7/24/78) Not only that, in a report by Jane Downey of May 2, 1978, she revealed that Canning disagreed with the entrance wound placement as well. What was an aerospace engineer doing arguing with a forensic pathologist about wound placement? Further revealing this back stage disagreement, Andy Purdy wrote on May 23, 1978 that Canning and Baden so disagreed that the trajectory analyst opened up a back channel to two other doctors on the forensic panel, Dr. Loquvam and Dr. Weston. This is notable because as described above, Weston had worked previously for CBS, and Loquvam wanted to keep the dispute over the placement of the rear head wound off the record.

    Canning Writes Blakey

    In spite of all this maneuvering, the apparently desired end result was not achieved. Important in this regard, is a letter Canning wrote to Blakey in January of 1978 revealing his unhappiness with his work:

    When I was asked to participate in analysis of the physical evidence regarding the assassination of John Kennedy, I welcomed the opportunity to help set the record straight. I did not anticipate that study of the photographic record of itself would reveal major discrepancies in the Warren Commission findings. Such has turned out to be the case.

    I have not set out to write this note to comment on results; my report does that. What I do wish to convey is my judgment of how the parts of the overall investigation which I could observe were conducted. The compartmentalization which you either fostered or permitted to develop in the technical investigations made it nearly impossible to do good work in reasonable time and at reasonable cost.

    The staff lawyers clearly were working in the tradition of adversaries; this would be acceptable if the adversary were ignorance or deception. The adversaries I perceived were the staff lawyers themselves. Each seemed to “protect” his own assigned group at the expense of getting to the heart of the matter by encouraging – or even demanding cooperation with the other participants. The most frustrating problem for me was to get quantitative data – and even consistent descriptions – from the forensic pathologists.

    Canning ended this letter to Blakey with a comment that never got into his public testimony:

    Permit me to end my not altogether complimentary letter by saying that it was for me the most part an interesting and enjoyable experience. On balance, the entire effort would be justified solely by the strong indication of conspiracy at the Plaza.

    Blakey and Stokes Alter the Report

    Despite all of the above, Blakey was determined to go with Oswald as the lone gunman until he got tripped up by the acoustics evidence. Although Blakey and Chairman Louis Stokes (incorrectly called Carl Stokes in the first part of this article) deny this today and say they were already leaning toward conspiracy before, this is not consistent with the record. As Josiah Thompson points out in the galley proofs of Beyond Conspiracy, the draft report of the HSCA dated 12/12/78 states; “The Committee finds that the available scientific evidence is insufficient to find there was a conspiracy to assassinate President Kennedy.” (Thompson et. al., p. 11) When the two sound technicians conducted experiments on a dictabelt police tape allegedly recorded during the assassination, they concluded there was a 95% chance of a second gunman from the front of JFK in the grassy knoll area. This was submitted two weeks later and the report was changed. The HSCA decided to go with this analysis by Mark Weiss and Ernest Aschkenasy. But they still tried to limit the damage as much as possible i.e. keep the conspiracy small. Since Baden had ruled that there were only two hits and both came from behind, Blakey could now say that if there was a second gunman in front, he took one shot and missed.

    But this new acoustical evidence left Blakey with another problem. The shots on the tape appeared to be bunched too close together. The timing of the first two shots left only 1.6 seconds between them. The interval between the third and fourth was only .6 of a second. But that could be handled by the assassin in front. Oswald had to be firing from behind. And when the FBI had tested the rifle for the Warren Commission, they had concluded that it took 2.3 seconds to complete the firing of one round with the manual bolt action rifle. This timing problem between the 1.6 and 2.3 seconds was called inside the committee “Blakey’s Problem”. He and Cornwell wanted to preserve both Oswald as the sole killer and the single bullet theory. They both finally found a way to get around the FBI tests. On March 22, 1979 Blakey, Cornwell and four marksmen from the Washington D. C. Police Department went to a rifle range to find a way to beat the earlier times. The solution was not to use the scope on the rifle. They aimed by using only the iron sights on the barrel. No magnification of the target; no crosshairs to line it up. Recall that the alleged rifle used by Oswald did have a scope that was not easily retractable. It had to be screwed off to remove it. Also, are we now to believe that Oswald, a rather poor shot, would not even need a scope to hit a target over 200 feet away? But still, the policemen could not get their times down fast enough and still maintain accuracy. Finally, two inexperienced riflemen, namely Blakey and Cornwell, fired two consecutive shots within 1.5 and 1.2 seconds respectively. How did they do what no one else in history did before? By something called “point aiming”. I assume this means not even using the iron sights to line up the target and just pointing the barrel in its direction. The accuracy of the results were not specified. Needless to say, in no way did the HSCA try to simulate Oswald’s feat. Shades of the Warren Commission, they fired at stationary targets from 20 feet up instead of a moving one at sixty feet up. (The episode is recorded in Vol. 8, pp. 183-185)

    It is especially painful to read the memorandum of this “experiment”. Early on, these two sentences appear:

    From knowledge of the difficulty involved in so shooting, it may be possible indirectly to infer something about the probability, as opposed to the possibility that Oswald did so. Nevertheless even the most improbable event may have occurred.”

    This is the science the HSCA was devoted to? This is proof? Two pages later, this is topped:

    It is apparently difficult, but not impossible. . . to fire 3 shots, at least two of which score “kills”, with an elapsed time of 1.7 seconds or less between any two shots, even though in the limited testing conducted, no shooter achieved this degree of proficiency.

    In other words, because they could not do it, does not mean Oswald couldn’t have if he would have practiced more. Unfortunately for the HSCA, no one saw Oswald firing from the 6th floor at moving targets in front of any building in preparation for the assassination.

    The SBT: 1979

    As the reader can see, the HSCA has descended into the hazy nonsensical netherworld previously mapped out by the Warren Commission. Their reconstruction of the single bullet theory and the shooting sequence strongly reminds one of their discredited predecessor’s. The Committee placed the first shot at around frames 157-161. This is earlier than almost anyone previous. No one had tried this because there were virtually no visible reactions to either a hit or a sound at that time. But the Committee says Oswald fired and missed here. If so, this had to be the hit on James Tague, since Oswald hit his next two shots and they allow for only four bullets. Yet, if so, Oswald missed when the car was closest to him, when he was tracking it unobstructed by any foliage, and when there was no recoil from his rifle since it was the first shot. In spite of all these advantages, he missed the whole car by 200 feet hitting somewhere near another street. Oswald fires again in the vicinity of frames 188-191. This is the shot that composes the single bullet theory, passing through Kennedy and Connally. Now, with the car further away, obscured by the foliage of an oak tree, and after the rifle has been fired and therefore is vibrating in his hands, Oswald worked the bolt faster than any FBI agent could, did not use the scope, and “point-aimed” at Kennedy scoring a clean hit through both men. At around frame 297, whoever was firing from the front, with the car coming toward him on a front plane, with an unobstructed view, at a range much closer than Oswald, this other assassin missed the entire car. Less than a second after this, Oswald scored his second hit at a range of over 200 feet, the fatal shot in the rear of Kennedy’s head. And as with the Warren Commission, this is a direct hit in the skull from behind. A medium to high speed bullet smashes Kennedy toward the shooter, lifting him up and back out of his seat. (For a different, intricate critique of this version of the single bullet theory and the firing sequence, see Ray Marcus’ monograph, The HSCA, the Zapruder Film and the Single Bullet Theory, available through the Last Hurrah Bookstore.)

    The HSCA Conspiracy

    Once Blakey gave in to the acoustics evidence (which has also since been brought into question), he went to work attempting to put in place the small conspiracy he had mentioned to Richard E. Sprague. In the March 29, 1979 HSCA Report, the main authors, presumably Blakey and Richard Billings, admitted they could not identify who the second sniper was. But clearly, the authors are out to attack any notion of a broad, sophisticated governmental role in either the conspiracy itself or the cover-up. Consider just one chapter heading: “The Secret Service, Federal Bureau of Investigation, and Central Intelligence Agency were not involved in the assassination of President Kennedy.” (p. 181) This report hints cautiously at some kind of kitchen conspiracy between a mobster or two and a renegade Cuban exile. Caution was tossed to the wind when Blakey and Billings left the HSCA and wrote their book, The Plot to Kill the President. There, the authors are clearly of the opinion that the Mafia killed Kennedy. The HSCA Report and Blakey’s book and appearances had a strong effect on much of the literature published in that time period and since. David Scheim and John Davis based both of their books on much of the material and findings of Blakey’s HSCA. Tony Summers’ book Conspiracy proposes a triangular conspiracy between the CIA, the Mafia and the Cuban exiles. Noel Twyman’s recent Bloody Treason also gives the Mafia role considerable attention. Twyman expresses surprise that many other researchers do not.

    As Bill Davy pointed out in his important article on John Davis, one of the things that both Davis and Blakey placed a lot of weight on was the so-called BRILAB tapes, the secret tape recording the FBI had on Carlos Marcello in the late seventies that helped convict him. As Davy wrote, “Davis and others have implied that Marcello incriminates himself in these tapes and the government is covering it up.” (Probe Vol. 5 No. 1) As long as we had only leaks from Blakey, Davis, and people like Gus Russo (who also trumpeted these tapes as evidence), the imputation of some role to Marcello had some hazy, mysterious efficacy. The Assassination Records Review Board has now declassified the pertinent parts of these ballyhooed tapes. They found 13 instances of conversations in which Marcello discussed the Kennedy assassination. They transcribed all 13 instances. There is not one scintilla of evidence to incriminate Marcello in the crime. In fact, virtually every instance in which the topic is brought up is in direct relation to the accusations made against Marcello in the HSCA Report, which was leaked in advance of its publication. In other words, if Blakey and Billings had not hinted at him in their own work, there would be no mention of the Kennedy assassination at all in the BRILAB tapes. Talk about the tail wagging the dog. Which leaves us the question: Who started the phony BRILAB rumors in the first place? And why?

    According to staffers, Blakey spent an enormous amount of time, money and effort trying to develop leads and evidence to connect Oswald to the Mob. The most viable area of investigation in that regard was New Orleans. The HSCA Report admits that some kind of association existed between David Ferrie and Oswald. There was so much evidence developed on this point that it could not be denied. But yet, since for them Oswald is still an anti-social Marxist, there is little shape or direction given to this relationship. In this aspect – setting up some nexus point for a Ferrie-Oswald friendship – the HSCA Report on Ferrie himself is also a curious document to read. With footnotes, it runs to 14 pages. It traces Ferrie from his birth in Cleveland, Ohio up until the assassination. Yet there is not one mention in the entire report of the Central Intelligence Agency. This is quite a feat since Ferrie was involved in Operation MONGOOSE, the preparations for the Bay of Pigs, and myriad other operations against Cuba. The report even mentions the miniature submarine Ferrie had built for a possible attack against the island. (Vol. 10, p. 109) Yet not only does this report not mention Ferrie’s own admitted association with the CIA, which the HSCA files contain in abundance, it actually states the opposite: “. . . there is no evidence. . . that Ferrie was connected in any way with the U. S. Government.” (Ibid) This is pure fiction.

    Blakey in New Orleans

    When Peter Vea and myself interviewed L. J. Delsa in New Orleans in 1993, he helped explain how this all came about. One of the last things Bob Tanenbaum did before leaving was to authorize a new investigation of New Orleans. Delsa lived in the area and had worked with Tanenbaum on a previous murder case. Delsa and his partner, Bob Buras, discovered a witness who knew Ferrie well and had been in Guy Banister’s offices at 544 Camp Street. Further, he connected Clay Shaw with Jack Ruby. Delsa wanted to test his veracity with a polygraph examination. It turned out that the polygraph results indicated he was telling the truth. When Blakey found out about this, he completely altered the shape and individuals involved in the New Orleans phase of the HSCA. Supervising attorney, Jonathan Blackmer was pulled off that assignment. Buras and Delsa were informally suspended. New people, who had little familiarity with the milieu were brought in. In fact, Blakey even assigned staffers from the King side of the HSCA to interview witnesses. On one of these reports, MLK staffer Joseph Thomas writes, that he “is not familiar with the JFK investigation” but he does not feel the witness he is talking to is telling the truth. (Report of 3/18/78) The revealed archival record bears out an indelible comment Delsa made to me over lunch in New Orleans. I asked him how productive Garrison’s leads were. He replied to me, “Garrison’s leads were so productive that Blakey shut down the New Orleans investigation.”

    As we have seen with its report on David Ferrie, the HSCA did all it could to exonerate the CIA of any involvement in the Kennedy killing. There are many other strong indications of this throughout the report and volumes. But perhaps the best example can be indicated by looking at the item in the report entitled “Oswald in Mexico City” which is on p. 225. The actual HSCA work on this aspect of Oswald’s last few weeks on earth is dealt with at voluminous and detailed length in the report of over 300 pages by Dan Hardway and Eddie Lopez. That volume brings up the most provocative questions possible about Oswald’s alleged trip and activities in Mexico just seven weeks before the assassination. For some authors, like Mark Lane and John Newman, Oswald’s alleged activities there, and the CIA’s reaction to them, are strong indications of a scenario attempting to ensnare Oswald in a trap in advance of the murder. How does the HSCA report deal with the 300 pages of compelling and documented findings by Hardway and Lopez? In three sentences. Need I add that those 3 sentences are completely exculpatory of any Agency involvement with Oswald in Mexico.

    The Blahut Affair

    One of Blakey’s most controversial statements was leaked to the media and reported by Jerry Policoff, among others. When some of the staffers felt that the new Chief Counsel was being too accommodating and trusting of some of the intelligence agencies, Blakey reportedly said, “You don’t think they’d lie to me do you? I’ve been working with these people for twenty years.” Blakey’s bond to the intelligence community was never more amply demonstrated than in the Regis Blahut incident. Blahut was a CIA liaison with the Committee. In late June of 1978, one of the security officers for the Committee discovered that some of the autopsy materials stored in the safe had been taken out, looked at, and one of the color photos had been removed from its plastic sleeve. The Committee conducted an internal inquiry and found through fingerprint matches on the safe that the culprit was Blahut. Blakey conducted three separate interviews with him. The first two were taped. Blakey concluded that in both interviews, Blahut’s responses conflicted with the facts. Yet both times, according to declassified CIA documents, Blahut consulted with the Agency after the interviews. For the third interview, Blahut refused to be taped. Blahut’s story was that the photos had been left out on a window sill, he had just happened to wander in, and he browsed through them. Yet, the facts appear to be these:

    1. Blahut’s prints were on the photos themselves, so he could not have just been leafing through the notebook they were bound in.
    2. The access entry log showed that the notebook had not been removed prior to the time Blahut was in the room looking at the photos.
    3. Blahut’s prints were inside the safe indicating he himself had removed the notebook.
    4. One version of the story had Blahut fleeing the room when he heard someone approaching, not bothering to replace the notebook in the safe.

    Blakey had the CIA in a tough corner. If this story, in all its suspicious detail, had been leaked to the media at the time, imagine the firestorm it could have caused. Blakey’s meeting at CIA Headquarters in Langley, Virginia reflected the gravity with which the Agency viewed the situation. At one meeting, he and Gary Cornwell met with Stansfield Turner himself, CIA Director at the time. But when Blakey demanded Blahut’s Office of Security file, the Director of Security, Robert Gambino handed him his personnel file instead. This was a crucial distinction. As Jim Hougan has explained in Secret Agenda, one of the functions of the Office of Security (OS), is to keep tabs on potential enemies of the Agency. It tracks potential threats by surveillance and other means and does its best to neutralize them. If Blahut had an OS file, it could reveal if his function was to monitor the HSCA and ward off any destabilizing acts the Committee would take against the CIA. The fact that Gambino refused to give Blakey that file suggested the worst (as would evidence revealed later).

    It went downhill from there. Blakey asked for an investigation to find out if Blahut was part of an operation against the Committee and/or if he was reporting back to control agents at CIA as part of that operation. The Agency offered four alternatives for a probe. Blakey could use the local D.C. police, the FBI, the HSCA itself, or the CIA. Blakey chose the CIA. The Agency did three polygraph examinations of Blahut. He flunked aspects of all three. Yet according to a CIA memo on this, about ten days after looking at the polygraph results, Blakey told the Agency that the matter was not a “high priority” with him. (Memo of 7/28/78) There is another notable aspect of Blakey’s dealings with the Agency about this affair. When he was offered the four alternatives for the investigation, a CIA officer on hand, Haviland Smith, actually encouraged him not to pick the CIA to investigate itself. He wanted Blakey to chose a “more objective investigating body.” (Memo of 7/17/78) Smith then predicted that if Blakey picked the CIA probe, the Agency would give itself a “clean bill of health.” Smith then asked Blakey if he was willing to accept that verdict if the Agency found no other accomplices in Blahut’s violations. Blakey said yes. Smith concluded his 7/17/78 memo with the only deduction he could make from these responses:

    My interpretation of what Mr. Blakey said was that he wishes CIA to go ahead with the investigation of Blahut and that he expects us to come up with a clean bill of health for the CIA.

    And they did. By August 21st, CIA was circulating an internal memorandum which read, “I believe Mr. Blakey’s original concerns have been laid to rest.”

    The CIA and Blahut

    The Blahut incident was not revealed to the public until nearly one year after it happened. Inside the Committee, Blakey told the Agency, only he, Louis Stokes, Cornwell and two security officers knew about it. When it was leaked to George Lardner of the Washington Post in May of 1979, Richardson Preyer, who ran the JFK side of the Committee, told the press that he was not aware of it, “Blakey and Lou Stokes were handling the CIA stuff. . . . . Talk to Lou.” (Washington Post 6/18/79) Lardner’s story provoked a flurry of media attention and a House Intelligence Committee inquiry. This body discovered that Blahut was part of a CIA program which was code-named MH/Child. ( Ibid 6/28/79) But even more interesting are the CIA documents generated by Lardner’s inquiry one year later. Blakey called the CIA after Lardner’s first calls to him, presumably after the reporter learned of it from one of the security officers. The CIA memo of this calls records the following message: “Blakey and Cornwell. . . will “no comment” all inquiries but they could not speak for Chairman Stokes.” Another memo on the same day, 5/10/79 states that, Blakey’s “observation is that Lardner has only pieces of the full story. He allowed as how the full story is known by DCI, DDCI, Chairman Stokes, Gary Cornwell. . .and himself.” In other words, Blakey had become a CIA informant helping to control the media for the Agency.

    But Lardner’s story generated some other activity at CIA HQ in Langley. As did the House inquiry and other press stories. It turns out that Blahut actually left the room with at least one photo and then returned. (Washington Post 6/28/79) A CIA memo in response to these stories at the time admits that the Inspector General did not do the internal investigation of Blahut. It was done by Gambino’s Office of Security, the man who refused to give Blakey Blahut’s OS file. In previous CIA memos of 1978, Scott Breckinridge, another CIA liaison with the HSCA had said that when he encountered Blahut at the HSCA offices when his violation first surfaced, he was waiting for a call from the Office of Security. (Memo of 7/17/78)

    Elegy for the HSCA

    The sad results achieved by the second big federal investigation of the murder of President Kennedy is really a parable that is quite relevant to our present day. It is a morality tale about leadership and values. If one talks to Bob Tanenbaum, one of his favorite words is ‘integrity’. One of the frequent phrases he reiterates when speaking about criminal investigations is “the truth-telling process.” One of the frequent words used to describe Richard A. Sprague is ‘professionalism’. When one talks to his colleagues, they describe the man as someone who has no qualms about putting in 12-14 hour days at the job. In investigating the Kennedy case, these two men were leading by example and they set a standard of devotion without compromise for those around them. That included Andy Purdy and Michael Baden. When they left, a vacuum was created, never to be filled. The House Select Committee on Assassinations was then sucked into the same whirlpool that engulfed the Warren Commission. The only difference being, the boat they went down in was a bit more decoratively disguised. In reflecting back on those days, Gary Shaw once told me that his impression was that Blakey looked into the deep abyss of the Kennedy assassination and decided to rear his head back. He then recalled the Sprague-Tanenbaum days and said, “Tanenbaum really wanted to know the truth. He’d be in that office until ten or eleven o’clock at night. Then he’d offer anyone still around a ride home.”

    How soon did Blakey rear his head from the abyss? We can only speculate. But the following letters, given to me by Ed Tatro, give us indications that it wasn’t very long. About the time that Blakey was telling Ed Lopez that their function was not to do a real investigation but to only write a report, he had already been in contact with Larry Strawderman who controlled access to files at CIA. In a letter to Blakey dated July 27, 1977, Strawderman wrote to the new Chief Counsel:

    In response to your letter of inquiry dated July 24, 1977, it is the Agency’s considered opinion that the areas of inquiry relating to the assassination of John F. Kennedy which were pursued by your predecessor, Richard A. Sprague . . . should be entirely disregarded based upon our contention that they are without any merit or corroboration.

    Please feel free to consult the Agency at any time should you feel indecisive regarding anything that will come into your possession during your investigation. The Agency will be only too happy to correctly advise you on “substance and procedure” of your probe.

    On October 10, 1978, in reply to a long series of objections to an interrogation of Richard Helms – the man who, as revealed in part one, Sprague wanted to “go at” – Blakey assured the main CIA liaison to the HSCA, Scott Breckinridge, that his fears should be allayed:

    As I have assured the Agency on many occasions, you will be given an opportunity to review, prior to public disclosure, those aspects of the Committee’s report which pertain to the CIA. If, at that time, you feel that the report is based upon an improper or misleading construction of the evidence, it would then be appropriate to discuss such problems. [Emphasis added.]

    Can anyone imagine Dick Sprague giving a prime suspect in a homicide case the opportunity to discuss rearranging the evidence in his prosecutor’s brief on the eve of trial?

    In the wee hours of April 1, 1977, when Dick Sprague left Washington to return to Philadelphia, the sounds of corks popping from champagne bottles must have echoed throughout the halls of Langley. The celebration hasn’t stopped since.

  • Rose Cheramie: How She Predicted the JFK Assassination


    From the July-August 1999 issue (Vol. 6 No. 5) of Probe


    On November 20, 1963, Lt. Francis Fruge of the Louisiana State Police received a phone call from Moosa Memorial Hospital in Eunice. A Mrs. Louise Guillory, the hospital administrator told him that there was an accident victim in the emergency ward. Guillory knew that Fruge worked the narcotics detail and she felt that the woman was under the influence of drugs.

    Fruge immediately left for the hospital. When he got there he encountered a middle-aged white female sitting down in the waiting room outside emergency. There were no serious injuries; only bruises and abrasions. She was only partly coherent. But Moosa was a private hospital and since the woman seemed bereft of funds, Guillory had called Fruge to see what he could do to help. The woman identified herself to Fruge as Rose Cheramie.

    Fruge had no choice at the time except to place Cheramie in the Eunice City Jail. He then went out to attend the Eunice Police Department’s Annual Ball. About an hour later a police officer came over to the function and told Fruge that Cheramie was undergoing withdrawal symptoms. Fruge came back and, after recognizing the condition, called a local doctor, Dr. Derouin, from the coroner’s office. Derouin administered a sedative via syringe to calm her down. The doctor then suggested that she be removed from the jail and taken to the state facility in Jackson. After Fruge agreed, Derouin called the facility at about midnight on the 20th and made arrangements for her delivery there. Afterwards, Fruge called Charity Hospital in Lafayette and ordered an ambulance for the transport to the hospital.

    Fruge accompanied Cheramie to the hospital. And, according to his House Select Committee deposition, it was at this point that Rose began to relate her fascinating and astonishing tale. Calmed by the sedative, and according to Fruge, quite lucid, she began to respond to some routine questions with some quite unusual answers. She told him that she was en route from Florida to Dallas with two men who looked Cuban or Italian. The men told her that they were going to kill the president in Dallas in just a few days. Cheramie herself was not part of the plot but apparently the men were also part of a large dope ring with Rose since Cheramie’s function was as a courier of funds for heroin which was to be dropped off to her by a seaman coming into the port of Galveston. She was to pick up the money for the drugs from a man who was holding her child. It seemed a quite intricate dope ring since she was then to transport the heroin to Mexico. The two men were supposed to accompany her to Mexico but the whole transaction got short-circuited on Highway 190 near Eunice. In the confines of a seedy bar called the Silver Slipper Lounge, Cheramie’s two friends were met by a third party. Rose left with the two men she came with. But a short distance away from the bar, an argument apparently ensued. And although some have written that she was thrown out of the vehicle and hit by an oncoming car, according to Fruge, Rose said that the argument took place inside the Silver Slipper, and that the two men and the manager, Mac Manual, threw her out. While hitchhiking on the 190, she was hit by a car driven by one Frank Odom. It was Odom who then delivered her to Moosa. As Fruge so memorably recalled to Jonathan Blackmer of the HSCA, Cheramie summed up her itinerary in Dallas in the following manner: “She said she was going to, number one, pick up some money, pick up her baby, and to kill Kennedy.” (p. 9 of Fruge’s 4/18/78 deposition)

    At the hospital, Cheramie again predicted the assassination. On November 22nd, several nurses were watching television with Cheramie. According to these witnesses, “…during the telecast moments before Kennedy was shot Rose Cheramie stated to them, ‘This is when it is going to happen’ and at that moment Kennedy was assassinated. The nurses, in turn, told others of Cheramie’s prognostication.” (Memo of Frank Meloche to Louis Ivon, 5/22/67. Although the Dallas motorcade was not broadcast live on the major networks, the nurses were likely referring to the spot reports that circulated through local channels in the vicinity of the trip. Of course, the assassination itself was reported on by network television almost immediately after it happened.) Further, according to a psychiatrist there, Dr. Victor Weiss, Rose “…told him that she knew both Ruby and Oswald and had seen them sitting together on occasions at Ruby’s club.” (Ibid., 3/13/67) In fact, Fruge later confirmed the fact that she had worked as a stripper for Ruby. (Louisiana State Police report of 4/4/67.)

    Fruge had discounted Cheramie’s earlier comments to him as drug-induced delusions. Or, as he said to Blackmer, “When she came out with the Kennedy business, I just said, wait a minute, wait a minute, something wrong here somewhere.” (Fruge, HSCA deposition, p. 9) He further described her in this manner:

    Now, bear in mind that she talked: she’d talk for awhile, looks like the shots would have effect on her again and she’d go in, you know, she’d just get numb, and after awhile she’d just start talking again. (Ibid.)

    But apparently, at the time of the assassination Cheramie appeared fine. The word spread throughout the hospital that she had predicted Kennedy’s murder in advance. Dr. Wayne Owen, who had been interning from LSU at the time, later told the Madison Capital Times that he and other interns were told of the plot in advance of the assassination. Amazingly, Cheramie even predicted the role of her former boss Jack Ruby because Owen was quoted as saying that one of the interns was told “…that one of the men involved in the plot was a man named Jack Rubinstein.” (2/11/68) Owen said that they shrugged it off at the time. But when they learned that Rubinstein was Ruby they grew quite concerned. “We were all assured that something would be done about it by the FBI or someone. Yet we never heard anything.” (Ibid.) In fact, Cheramie’s association with Ruby was also revealed to Dr. Weiss. For in an interview with him after the assassination, Rose revealed that she had worked as a drug courier for Jack Ruby. (Memo of Frank Meloche to Jim Garrison, 2/23/67) In the same memo, there is further elaboration on this important point:

    I believe she also mentioned that she worked in the night club for Ruby and that she was forced to go to Florida with another man whom she did not name to pick up a shipment of dope to take back to Dallas, that she didn’t want to do this thing but she had a young child and that they would hurt her child if she didn’t.

    These comments are, of course, very revealing about Ruby’s role in both an intricate drug smuggling scheme and, at the least, his probable acquaintance with men who either had knowledge of, or were actually involved in, the assassination. This is a major point in this story which we will return to later.

    Although Fruge had discounted the Cheramie story on November 20th, the events of the 22nd made him a believer. Right after JFK’s murder, Fruge “…called that hospital up in Jackson and told them by no way in the world to turn her loose until I could get my hands on her.” (Fruge’s HSCA deposition, p. 12.) So on November 25th, Fruge journeyed up to Jackson again to talk to Cheramie. This time he conducted a much more in-depth interview. Fruge found out that Cheramie had been traveling with the two men from Miami. He also found that the men seemed to be a part of the conspiracy rather than to be just aware of it. After the assassination, they were supposed to stop by a home in Dallas to pick up both around eight thousand dollars plus Rose’s baby. From there Cheramie was supposed to check into the Rice Hotel in Houston under an assumed name. Houston is in close proximity to Galveston, the town from which the drugs were coming in from. From Houston, once the transaction was completed, the trio were headed for Mexico.

    How reliable a witness was Cheramie? Extermely. Fruge decided to have the drug deal aspect of her story checked out by the state troopers and U. S. Customs. The officers confirmed the name of the seaman on board the correct ship coming into Galveston. The Customs people checked the Rice Hotel and the reservations had been made for her under an assumed name. The contact who had the money and her baby was checked and his name showed that he was an underworld, suspected narcotics dealer. Fruge checked Cheramie’s baggage and found that one box had baby clothes and shoes inside.

    Fruge flew Cheramie from Louisiana to Houston on Tuesday, the 26th. In the back seat of the small Sesna 180, a newspaper was lying between them. One of the headlines read to the effect that “investigators or something had not been able to establish a relationship between Jack Ruby and Lee Harvey Oswald.” (Fruge’s HSCA deposition p. 19) When Cheramie read this headline, she started to giggle. She then added, “Them two queer sons-of-a-bitches. They’ve been shacking up for years.” (Ibid.) She added that she knew this to be true from her experience of working for Ruby. Fruge then had his superior call up Captain Will Fritz of the Dallas Police to relay what an important witness Cheramie could be in his investigation. Fruge related what followed next:

    Colonel Morgan called Captain Fritz up from Dallas and told him what we had, the information that we had, that we had a person that had given us this information. And of course there again it was an old friend, and there was a little conversation. But anyway, when Colonel Morgan hung up, he turned around and told us they don’t want her. They’re not interested.

    Fruge then asked Cheramie if she wished to try telling her tale to the FBI. She declined. She did not wish to involve herself further. With this, the Cheramie investigation was now halted. Rose was released and Fruge went back to Louisiana. So, just four days after the assassination, with an extremely and provably credible witness alive, with her potentially explosive testimony able to be checked out, the Cheramie testimony was now escorted out to pasture. Eyewitness testimony that Ruby knew Oswald, that Ruby was somehow involved in an international drug circle, that two Latins were aware of and perhaps involved in a plot to kill Kennedy, and that Ruby probably knew the men; this incredible lead – ;the type investigators pine for – ;was being shunted aside by Fritz. It would stay offstage until Jim Garrison began to poke into the Kennedy case years later.

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

  • Patricia Lambert, False Witness


    False Witness: Aptly Titled

    By Jim DiEugenio and Bill Davy

    From the May-June 1999 issue (Vol. 6 No. 4) of Probe


    Following on the heels of Gus Russo’s Live By the Sword, another propaganda tract has been published. False Witness, by Patricia Lambert, is a hit piece on Jim Garrison and Oliver Stone. Curiously, Lambert formerly went under the name Patricia Billings. We can’t help but wonder if she was related in some manner to Dick Billings, the Time-LIFE journalist who actively worked to undermine Garrison’s case, and who had strong ties to the CIA.

    Patricia Lambert has basically taken a stale track and updated it with extremely selective sections from new documents to perform the same function that authors and journalists like Milton Brener, James Kirkwood, James Phelan, and Hugh Aynesworth have performed in the past. Once again, she attempts to portray Garrison’s investigation as a complete fraud from start to finish. Her thesis: every person under suspicion by Garrison was either put upon or persecuted by the deluded DA. This includes David Ferrie and especially Clay Shaw. Therefore, Stone built his film on a foundation of quicksand. Consequently the attacks on the movie were justified as the picture, by necessity, was a false portrait of the JFK case. When one compares the documentation in the book to the bulk of the record, the book’s title takes on new meaning, describing its author instead of its subject.

    Lambert’s caustic attack on Garrison paints him as a child molester and compares him to cult leader David Koresh. This last comparison is key to Lambert’s characterization of Garrison. Otherwise how could Garrison control the likes of Bill Alford, Andrew Sciambra, Numa Bertel, Al Oser, Lou Ivon, John Volz, Richard Burnes, D’alton Williams, Frank Meloche, Lynn Loisel, James Alcock, George Eckert, Sal Scalia, Bill Boxley, William Martin, et. al – all of whom assisted Garrison in his investigation and must have come under his spell. According to Lambert, the answer is simple of course. Garrison was also a Svengali. Oliver Stone is not spared Lambert’s vitriol either. By quoting an out of context interview, he is likened to Adolf Hitler’s documentarian, Leni Riefenstahl. When an author deals in this kind of hyperbole, it only serves to detract from the credibility of the writing. Absent the hyperbolic treatment however, this work is still less than credible. A recent Baltimore Sun review describes it as having “scant historical merit.”

    Patricia Lambert is a longtime friend and colleague of David Lifton who helped him on his manuscript for Best Evidence. Predictably, Lambert begins the book by saying that she was a believer in Garrison at the start of his probe who gradually grew disenchanted with him as his probe expanded and unraveled and finally ended with the failure of the Clay Shaw trial. This approach always leaves us a bit suspicious since, as with Sylvia Meagher, it always leaves out the overpowering attack on Garrison that took pains to ensure his failure. Lambert, working from a stacked deck, ignores that attack and its origins and motive. Therefore, the picture drawn is already skewed and distorted.

    Lambert loads the book with sources who have an agenda. She uses people like Aaron Kohn, David Chandler, Milton Brener, James Phelan, and Shaw’s lawyers without hesitation or qualification. And, of course, she sterilizes the sources by not informing the reader why and how they are compromised. For example, today there are literally dozens of FBI cables between Kohn in New Orleans and FBI HQ in Washington. Most of them explicitly discuss ways to sidetrack or smear Garrison. Lambert uses Kohn, but mentions none of this. David Chandler lived in an apartment owned by Shaw in New Orleans, so how neutral would one expect him to be? Chandler also admitted knowing Kerry Thornley, a character to which we will return at length, as well as to having met Oswald on several occasions before the assassination. Milton Brener represented Layton Martens, a Shaw associate and friend of David Ferrie’s, as well as Walter Sheridan, a man who went to dishonest lengths to attack Garrison. And of course, Shaw’s lawyers can hardly be considered an unbiased source.

    The dodging of this new evidence to whitewash Garrison’s attackers reaches almost humorous dimensions in the case of Phelan. Lambert knows she has a serious problem here since Phelan, with the new file releases, has been revealed to be a longtime FBI informant who informed to the Bureau about Garrison and dropped off documents in Washington which he had gotten from the DA. Further, this is something that Phelan always denied doing, in the apparent hope that these records would never be declassified. This new record on Phelan is either ignored or cavalierly dismissed.

    A perfect example of Lambert’s method appears in a footnote on the subject of Phelan. In a reference to Probe, she writes that an article relating Phelan’s career to former ONI operative Bob Woodward’s, was “so obscure it was incomprehensible.” Attesting to Woodward’s suspicious background, the article’s author, Lisa Pease, quoted a writer who noted that Woodward had attended Yale where the CIA was “encouraged to recruit.” To characterize a four-page article as incomprehensible based upon selectively quoting one sentence is fundamentally dishonest. The evidence that Lisa Pease mounted in her article to show that Woodward was in bed with the intelligence community and that he lied in his book, All the President’s Men, is simply and utterly forceful. And it parallels Phelan’s long career of FBI contacts, his relationship with longtime CIA asset Bob Maheu, and his (and Gerald Posner’s) mentor at Random House, the infamous Bob Loomis. Lambert ignores both the evidence and the parallel. Only an author with a clear agenda could do so. (Anyone interested can read both the Phelan and Woodward articles on the Internet at www.webcom.com/ctka/pr196-starrep.html. Decide for yourself whether it is the article’s comprehensibility, or Lambert’s comprehension, that is the problem.)

    Ferrie the Liberal!

    Like Gus Russo before her, Lambert goes out of her way to whitewash the true record and roles of David Ferrie and Clay Shaw. Her defense of Ferrie is, again, almost humorous. Like Russo, Lambert makes the impossible claim that Ferrie really didn’t hate Kennedy all that much. According to Lambert (no one else is cited), he actually liked JFK’s civil rights and fiscal program. She adds that there is no evidence of Ferrie’s participation in the Bay of Pigs operation. Oops. Newly declassified documents show that Ferrie helped prepare underwater diving teams for that episode, trained anti-Castro Cubans at CIA training camps and then watched films of the debacle with Cuban exile heavy Sergio Arcacha Smith. She even tries to minimize the importance of the discovery in 1993 of the photograph of Ferrie together with Oswald at a Civil Air Patrol barbecue. To quote Lambert, “it established only an overlap of association with that organization, which from the outset was a possibility David Ferrie never denied but didn’t recall.” What does “an overlap of association with that organization” mean? Either Ferrie and Oswald were in the CAP together or they were not. The photo and witness testimony prove this. And are we really to believe that Ferrie would not later remember this previous association? Then why was he at Oswald’s landlord’s the night of the assassination looking for his library card?

    God Bless Clay Shaw!

    Given the preceding, Lambert’s treatment of Clay Shaw is quite predictable. Although it may come as a surprise to the Vatican, any reader of False Witness will find that the Catholic faith has a new addition. In this book, Lambert beatifies Shaw, describing him as “almost saintly.” She even prints the long-exposed canard that Ferrie never knew Shaw (p. 4). Even New Orleans-based reporter and Life magazine stringer David Chandler knew this to be false. Recently, his son told us through the Internet that Shaw had told his father that he did know Ferrie through the homosexual underground, but that Shaw could not admit this since it would be tossing Garrison too big a bone. In addition, there are at least eight other affidavits in Garrison’s files which attest to this fact. Ferrie himself admitted he knew Shaw to his pal Raymond Broshears. Ferrie also admitted this to Garrison investigator Lou Ivon. So Lambert’s attempt to push the clock back on this score is fatuous.

    Incredibly, Lambert also expects us to believe the old deception that Shaw was a liberal who actually liked Kennedy. Again, the evidence shows the opposite. Ferrie told Ivon that Shaw hated JFK. Shaw’s associations with the aging upper class monarchy of Europe would also belie this claim. His ties to the rightwing in New Orleans e.g. to the conservative Dr. Alton Ochsner, and to anti-Castro Cuban exiles, would also indicate otherwise. As Donald Gibson has noted, Shaw’s goal with the International Trade Mart, to open up Latin America to American capitalism, would also seem opposed to Kennedy’s idea of building strong and independent economies there.

    Davis was Bertrand!

    Lambert misses again when she attempts to explain away that ever-so-interesting call Dean Andrews received from a “Clay Bertrand” asking him to represent Oswald after the assassination. As most researchers know, Andrews was in the hospital at the time of the call. Garrison’s detractors like to claim Andrews was on medication at the time and made the whole thing up. However, as Bill Davy proves in his book, Let Justice Be Done, the FBI’s own reports show that Andrews was not given medication until some four hours after he received the Bertrand call.

    Later, after Andrews got himself in hot water with the DA’s office for retracting his original statements, he claimed that he made up the name, Clay Bertrand. Later still, however, he named the “real” Clay Bertrand: Eugene Davis. A New Orleans bar owner and manager who was working two jobs just to stay afloat, the hapless Davis was hardly the cultured and refined Bertrand that Andrews had originally described. Under oath, before the New Orleans Grand Jury and in a sworn statement, a shocked Davis denied ever using the Bertrand alias.

    Also, if Davis were Bertrand, why would Andrews be fearful of his life? When Mark Lane wanted to interview him, Andrews begged off, saying he had been warned by “Washington, D.C.” that he would “have a hole blown in his head if he talked.” Many years later when Anthony Summers interviewed Andrews, the normally loquacious lawyer was still reticent on the subject of Bertrand. Summers wrote, “he [Andrews] has since said that to reveal the truth about his caller would endanger his life, and my own brief contact with Andrews confirmed that the fear is still with him today.” Again, if the lowly Davis were Bertrand, why would “Washington” be threatening Andrews? As the readers of Probe have seen, “Washington” was providing extensive “help” to Clay Shaw.

    Unsurprisingly, Lambert swallows the Davis nonsense hook, line and sinker. Lambert, however, offers one small twist – Andrews was a publicity hound eager to jump on a perceived gravy train by offering to represent Oswald. The Bertrand story would be his entrÈe.

    No one (other than Andrews) ever came forward to claim Davis was Bertrand. Yet the FBI, the DA’s office, investigative reporter Lawrence Schiller, journalist Bill Turner and the New Orleans Police Department all uncovered witnesses who knew of Shaw’s use of the Bertrand alias. In fact, the number of witnesses in the files who are now on record as stating that Shaw used the alias of Clay Bertrand is well into the double digits. To illustrate just how common this knowledge was in New Orleans at the time, consider this anecdote from Ed Tatro.

    Tatro was a young college student who decided to go down to New Orleans to watch the Shaw trial in person. One night he visited one of the bistros in the French Quarter. The New Orleans residents noted his Boston accent and asked him what he was there for. When he told them, the residents started giggling. He asked them what was so humorous. The reply was, “Look, everybody down here knows that Shaw uses the name Bertrand. But that poor devil Garrison can’t prove it to save his soul.”

    Shaw’s lawyers also get kid gloves treatment from Lambert. Irvin Dymond, Bill and Ed Wegmann, and Sal Panzeca are all portrayed as working class heroes who did what they did for very little money. Yet Lambert does not realize that by saying they made a small amount of money – about $30,000 total for three years work – she knocks out another pillar of Shaw’s superficial edifice. For how could Shaw now plead he was bankrupted by Garrison? Shaw made at least this much money on his French Quarter house renovations let alone his salary from the ITM and whatever his funds may have been from the Central Intelligence Agency. If Lambert wants to say the private investigator expenses broke him, what are we to make of that? That finding evidence of his innocence was so difficult that it became a significant financial burden?

    But further, Lambert can actually write that Shaw’s attorneys got no help from the FBI, let alone the CIA. This is a blatant untruth, exposed by dozens of newly declassified documents. Jim DiEugenio used these documents to write a long two-part article on Shaw’s lawyers in Probe (Volume 4 #s 4 and 5) back in the summer of 1997. DiEugenio showed that the Wegmanns were already hooked in with Banister’s apparatus previous to the Shaw prosecution through ONI operative and prominent New Orleans lawyer Guy Johnson. Then, during the two year wait for Shaw’s trial to begin, Shaw’s lawyers got help not only from members of the FBI, who interviewed witnesses for them on the eve of trial, but also from people in the CIA, who actually appear to have talked witnesses out of their stories. This does not even mention the role of former Justice Department heavy Herbert Miller who seems to have worked with both Walter Sheridan and the CIA as a conduit between people like Gordon Novel (infiltrator in the Garrison office) and the Agency. This aspect of the case is expanded upon in Davy’s new book.

    Klansmen and Klan Targets, Working Together!

    As with Andrews, Lambert’s swipe at the Clinton/Jackson witnesses is equally as vapid. In Anthony Summers’ third and latest reprint of Conspiracy, now titled, Not In Your Lifetime, he has added a disclaimer to his Clinton, Louisiana section. The note advises that new research has come to light that will reportedly cast doubt on the Clinton evidence. (This after Summers makes a strong case for the veracity of the Clinton/Jackson people). Since Summers maintains contact with researcher, Paul Hoch and Hoch is generously acknowledged in False Witness, Summers is obviously referring to Lambert’s “evidence.” Note to Tony Summers: Should you decide to reprint Conspiracy for yet a fourth time, you can remove the disclaimer. It isn’t needed.

    In summary, the Clinton incident refers to a sighting of Oswald in the company of David Ferrie and Clay Shaw. Shaw was identified when the town marshall approached him and asked to see his driver’s license. The car was registered to the Trade Mart, and the town marshal later testified that the name given by the man matched the one on his driver’s license: Clay Shaw. Several of the people who saw Oswald in Clinton testified during Shaw’s trial, and were collectively referred to as “the Clinton witnesses.”

    Lambert leads off her Clinton chapter, titled “The Clinton Scenario and the House Select Committee,” with quotes from Shaw’s lawyers that sets the tone for what follows. Sal Panzeca states, rather disingenuously, “I was told that we could discredit these witnesses because Garrison’s men ‘did it wrong.’ That the witnesses were told what to say and they said it.” Yet under cross-examination at the Shaw trial, the defense didn’t even come close to discrediting them. On the contrary, even the usually biased James Kirkwood reported that “the Clinton people had a strong effect on the press and spectators and, one presumed, the jury at the opening of the trial.” Another of Shaw’s attorneys, William Wegmann, is also quoted: “Clinton, that’s Klan country.” And in that quote lies the dark tactic of this chapter – smear the Clinton folk as racist Klansmen to destroy their credibility. (Lambert also says the left-wing Italian journals that divulged Shaw’s PERMINDEX connections are not credible either. Apparently in Lambert’s world only middle-of-the-roaders are to be believed. Or should we say only those who are pro-Shaw?) According to Lambert’s theory (and it is just a theory), town marshal John Manchester and fellow Klansman, registrar Henry Earl Palmer, concocted this conspiracy. Additionally, they brought in non-Klan participants, Reeves Morgan, Lea McGehee, Maxine Kemp and Bobbie Dedon from 10 miles away in Jackson. But incredibly, added to this nest of racist conspirators were two African Americans, Corrie Collins and William Dunn!

    Even Lambert seems confused by this strange mix, writing “Four of those in warring camps that summer (Manchester and Palmer on one side, Collins and Dunn the other) presented a strangely unified front six years later, testifying for Garrison.” Nevertheless, this doesn’t stop Lambert from speculating wildly that the black witnesses were coerced by the Klansmen. Later, she switches gears and again speculates that the silver-tongued Garrison caused their cooperation, suggesting “that susceptibility to Garrison’s rhetoric among Clinton’s black community may have been a factor in their cooperation with him.” These last two statements are literally dripping with racism. In the narrow view of False Witness black folk are too feeble-minded to think on their own, allowing themselves to be manipulated by Garrison’s eloquence and charisma, and are easily bullied by the KKK. This, despite the fact that these African Americans were taking great risks by participating in the Clinton voting drive, asserting the very independence Lambert would deny them. She goes even further by quoting Clinton District Attorney, Richard Kilbourne, who pooh-poohs the whole notion of the Clinton scenario. However, nowhere in Lambert’s “analysis” do we find any mention of Kilbourne’s own racist views, which are quite adequately on display in the documentary work-in-progress, Rough Side of the Mountain. Since Lambert sources the film, we have to assume she’s seen it.

    More wild speculation is thrown into the mix as Lambert quotes a rumor that Garrison was going to run for the Vice-Presidency on the ticket with racist Alabama Governor, George Wallace. Later, Lambert writes that no one heard about Oswald being in Clinton until after Garrison began his investigation. According to witness Lea McGehee, this is false. Not only was he aware of it from his own personal experience, but word of the incident was printed in the Councilor periodical before the Garrison probe started.

    But the centerpiece of Lambert’s chapter are the “shocking revelations” contained in the notes of an investigator named Anne Dischler. First, we are treated to such illuminating and relevant facts that Dischler “has 27 grandchildren, has her own ministry, owns and operates a retail fabric store, is an expert seamstress, bakes her own bread, and can shoot with the best of them.” The “shockers” in Dischler’s notes are anything but – with one exception. According to Dischler she had seen a 3×5 black and white photograph of the black Cadillac taken while the car was parked across from the registrar’s office. Dischler revealed to Lambert, “‘Clay Shaw was in the driver’s seat – it looked like him to me … I remember the white-haired man in the picture and the small face of Oswald. It seems like Oswald was on the passenger side of the front seat but I’m not sure’ … This picture came from the district attorney’s office, she said, perhaps from Sciambra.” Of course since the picture has long since disappeared, this allows Lambert to further speculate that Garrison had expertly manufactured a doctored, composite photograph. At least Lambert gives Garrison credit for being multi-talented!

    Other revelations from Dischler’s notes include a possible additional Caucasian male who was registering that day, Winslow Foster. It has long been known that another white male, Estus Morgan, was in town that day. According to Lambert, someone – she doesn’t know who, of course – just overlaid Oswald’s identity onto the actions of Morgan. There is no credible evidence to back any of this up, as even Lambert concedes: “Who conceived this story is unknown, and precisely how they implemented it is unclear.” According to Lambert, once Garrison got wind that the Clinton story was getting out of hand and that Dischler was getting too close to the truth, he pulled her and Francis Fruge off the case and sent up his evil henchman, Andrew Sciambra, to keep the lid on things. Of course this doesn’t explain what Garrison investigators Frank Ruiz and Kent Simms were doing up there. Again, in a chapter rife with speculation and theorizing, this is yet another absurd hypothesis.

    Lambert’s assault on the HSCA is mercifully short, but still long on speculation. Once again, Garrison just poured on the charm and charisma “winning converts among the [HSCA] staff.”

    Lambert ends her Clinton follies by segueing into her next chapter, an attack on Garrison’s book, On The Trail of the Assassins, calling it one of the “strangest” in the history of American letters. Apparently she has never read her friend David Lifton’s writings. Garrison’s rather quaint notion of a coup d’Ètat pales in comparison to Lifton’s theories about papier mache trees on, and underground excavations below, the grassy knoll, casket swapping and body alteration.

    Lambert, Lifton and Thornley

    We should not be surprised at this point to find that Lambert presents a superficial and deceptive treatment of the Kerry Thornley controversy. She devotes one paragraph to this rather interesting and important aspect of Garrison’s investigation.

    Allow us to fill in what she left out.

    Thornley was a Marine Corps buddy of Oswald’s whose testimony to the Warren Commission was used to portray Oswald as a Communist loner. As Garrison noted in his book, Thornley’s testimony is at odds with other service friends of the alleged assassin, who do not recall him as a committed Marxist. Another important fact about Thornley is that he wrote two books about Oswald, one before and one after the assassination: The Idle Warriors (unpublished until 1991), and Oswald (published in 1965). Both books accomplish the same end as Thornley’s Warren Commission testimony. The 1965 work is a non-fiction tome that reads something like Warren Commission witness Dr. Renatus Hartogs profile of Oswald. Consider this line:

    I’m certain that in his own eyes Oswald was the most important man in the [Marine] unit. To him the mark of destiny was clearly visible on his forehead and that some were blind to it was his eternal source of aggravation (p.19).

    Later in the book, Thornley writes, “Frankly, I agree that the man was sick, but I further think his sickness was, in the long run, self induced in the manner previously outlined.”(p. 69) In the last three chapters of the book, Thornley basically traces the Warren Commission version of the last few days of Oswald’s life. In the last chapter he lays all the blame for the murder at Oswald’s feet, i.e., there was no conspiracy, large or small. In fact, Thornley’s early writings on the case are pretty much indistinguishable from what the Warren Commission pumped out. They are so similar that one wonders if the Commission borrowed its profile of Oswald from Thornley in the first place.

    According to both Thornley and Jim Garrison, the Secret Service swept down on Thornley on November 23rd, and in short order he was on a plane to Washington with his manuscript of The Idle Warriors. Thornley reveals in his later, non-fiction book that he talked to Warren Commission counsel Albert Jenner on a number of occasions about his testimony. According to Garrison, Thornley stayed in the Washington D. C. area for almost a year. He then moved out to California where his parents resided. Ironically he worked at an apartment complex which housed, of all people, CIA-Mafia-Castro assassination plots intermediary Johnny Roselli. Around this time, David Lifton was going through the Warren Commission volumes and noted Thornley’s testimony. He looked him up in person and they became friends. During the early part of Garrison’s investigation, Lifton popped in to help out, and introduced Thornley to the DA. It was this event which marked the beginning of the falling out between Garrison and Lifton. For, from the evidence adduced by the new file releases – all ignored by Lambert – Thornley was a much more suspicious character than the one Lifton has always presented. We think it’s time people find out what the files reveal, and what is not to be found in False Witness.

    First, as should have been apparent from the beginning, Thornley was an extreme right-winger who had an almost pathological hatred of Kennedy. This could have provided a reason for him to do the number he did on Oswald for the Commission. Thornley worked briefly for rightwing publisher Kent Courtney in New Orleans and was a friend of New Orleans-based CIA journalist Clint Bolton. According to an article in New Orleans Magazine, Thornley was also once employed by Alton Ochsner’s INCA outfit, the CIA-related radio and audiotape outfit which sponsored Oswald’s famous debate with Cuban exile leader Carlos Bringuier. According to former Guy Banister employee Dan Campbell, Thornley was one of the young fanatics who frequented 544 Camp Street. Additional facts make the above acquaintances even more interesting. Thornley tried to deny that he knew Bringuier, yet his girlfriend Jeanne Hack described an encounter between Thornley and a man who fit Bringuier’s description to Bill Turner in January of 1968. And as Thornley notes in his introduction to the 1991 issue of The Idle Warriors, he showed his manuscript to Banister before the assassination back in 1961.

    This last point brings up one of the most important issues concerning the whole Thornley episode: his early denials and later reversals. Two memos written by Andrew Sciambra in February of 1968 reveal that Thornley denied knowing Banister, Dave Ferrie , Clay Shaw, and Shaw’s friend Time-Life journalist David Chandler. Garrison, however, had evidence that revealed the opposite to be the case. And years later, on the eve of the House Select Committee investigation, Thornley admitted to knowing all of these shady characters. Then, of course, there was the issue of Thornley’s association with Oswald himself in the summer of 1963. Thornley denied before the New Orleans grand jury that he associated with Oswald in New Orleans in 1963. This seemed improbable on its face since, as noted above, both men knew each other previously and both men frequented some of the same places in 1963.

    But further, consider Thornley’s rather equivocal denial on the witness stand:

    Q: Did she [Barbara Reid] see you with Oswald?

    A: I don’t think she did because the next day I started asking people…

    Q: You don’t think so?

    A: I don’t know whether it was Oswald, I can’t remember who was sitting there with me….

    The above statements earned Thornley a perjury indictment from Garrison. But there was much more. Garrison had no less than eight witnesses who said they had seen Oswald and Thornley together in New Orleans in 1963. And some of them went beyond just noting the association between the two. Two of these witnesses, Bernard Goldsmith and Doris Dowell, both said that Thornley told them Oswald was not a communist. This is amazing since, as noted earlier, the Warren Commission featured Thornley as its key witness to Oswald’s alleged commie sympathies. This indicates that Thornley himself 1) knew the truth about Oswald’s intelligence ties and 2) was probably involved in creating a false cover – a “legend,” in intelligence parlance – for the alleged assassin. On top of these devastating admissions, there is the information from Mrs. Myrtle LaSavia, who lived within a block of Oswald in New Orleans. She stated that she, “her husband and a number of people who live in that neighborhood saw Thornley at the Oswald residence a number of times – in fact they saw him there so much they did not know which was the husband, Oswald or Thornley.” A few weeks ago at the National Archives, Oswald researcher John Armstrong discovered FBI documents which show that other neighbors of Oswald picked out photos of Thornley as a frequent visitor to the Oswald apartment. According to a radio interview Garrison did in 1968, the DA had witnesses who saw Thornley shopping with Marina Oswald. If this is so, not only did Oswald encounter Thornley in New Orleans in 1963, but the two were quite close.

    This apparent closeness may have had a purpose beyond the framing of Oswald as a leftist in the public mind. There are two indications of this. The first is noted by Harold Weisberg in his book Never Again:

    When the New Orleans Secret Service investigation led it to the Jones Printing Co., the printer of the Fair Play for Cuba Committee handbills, and the Secret Service was on the verge of learning, as I later learned, that it was not Oswald who picked up those handbills, the New Orleans FBI at once contacted FBI HQ. The FBI immediately leaned on the Secret Service HQ and immediately the Secret Service was ordered to desist. For all practical purposes, that ended the Secret Service probe – the moment it was about to explode the myth of the “loner” who had an associate who picked up a print job for him. (p. 18)

    What Weisberg does not reveal in this passage is that the guy who picked up the flyers was identified as Kerry Thornley. In an interview with journalist Earl Golz in 1979, Weisberg stated that two employees at the print shop picked out photos of Thornley, not Oswald, when he questioned them about the “Hands off Cuba” flyers. Weisberg secretly taped one of the interviews with the employees. When Weisberg informed Garrison investigator Lou Ivon of this new development, Bill Boxley – a CIA plant in Garrison’s office – tried to distort what had happened. Weisberg pulled out the tape, quieting Boxley. But later, the tape disappeared.

    The other 1963 incident that makes Thornley even more fascinating was his trip to Mexico in July/August. As Jeanne Hack noted in an interview, Thornley was usually a quite talkative individual, but when it came to this Mexico trip, he was quite reluctant to speak about it. According to his 11/25/63 FBI statement, Thornley said “that he made this trip by himself and emphatically denied that Oswald had accompanied him from New Orleans to California or from California to Mexico.” Doth Thornley protest too much? In another FBI memo written the same day Thornley was interviewed, the following statement appears: “Thornley is presently employed as a waiter in New Orleans and has recently been in Mexico and California with Oswald. Secret Service has been notified.” Again, if this is so it is very interesting to say the least. But even if it were so, the Secret Service probably followed up about as vigorously as it did the Jones Print Shop incident.

    Thornley’s behavior during the ongoing Garrison probe was strange, to say the least. As noted above, he told the DA’s representative he never met Shaw, Ferrie, Chandler or Oswald, at least not Oswald in New Orleans. He was a bit hazy on Banister saying that he “may have met Banister somewhere around Camp Street” but he was not sure. His equivocations on Oswald are even more striking. He told Andrew Sciambra the following:

    He also admits that there are some coincidences which have taken place which make it appear that he and Oswald were in contact with each other but he declares that these are only coincidences and that he has never seen Oswald since the days in the Marine Corps together.

    In a later interview with Sciambra, Thornley also denied knowing Bringuier and Ed Butler of INCA, even though he applied for a job at the latter. Every one of these denials turned out to be false and Thornley admitted to them later. But on top of this, there is the apparent element of the protection of Thornley when he became a hot item in New Orleans in 1968. For instance, according to Mort Sahl, Thornley insisted on meeting Sciambra at a curious location for one of their interviews: NASA. Sciambra recalled thinking as he entered the place that if someone like Thornley could command access to such a place then Garrison really didn’t have a snowball’s chance in Hades. Several of Oswald’s cohorts from Reily Coffee had gone to NASA before the assassination. It seems odd that a coffee company would be a training ground for such a scientifically oriented facility. Garrison camp infiltrator Gordon Novel also went there while on the lam from Garrison.

    And then there was the problem of locating Thornley. Garrison investigator and former CIA agent Jim Rose took on that assignment. Through his network of Agency contacts he found Thornley was living in Tampa. The supposedly working class Thornley had two homes in Florida, one in Tampa and one in Miami. He lived at the Tampa residence which, according to Rose’s notes, was a large white frame house on a one acre lot. In addition, he owned two cars at the time. All this from a man who had only been a waiter and doorman up to that time.

    After the Garrison investigation, Thornley slipped into obscurity. But he resurfaced in the late seventies around the time of the House Select Committee on Assassinations. He reappeared as a kind of stoned hippie who had a rather eccentric interest in aliens, Nazis, and the occult. He assembled a long narrative in which he now stated that, “I did not realize I was involved in the JFK murder conspiracy until 1975, when the Watergate revelations made it rather obvious.” The reason it became obvious was that he recognized Howard Hunt as one of the men who recruited him into the plot. In this new mode he even admitted that Oswald had been framed for the crime. Quite an admission from the author of the 1965 book which concluded the opposite.

    At around this same time, Thornley sent Garrison a long manuscript outlining the Kennedy plot as he saw it. This document is in the form of a long affidavit executed while Thornley was living in Atlanta. To anyone familiar with the true facts of the case and Thornley’s suspicious activities, it is a long and involved and deliberate piece of disinformation. In it, Thornley admits that he had met both Ferrie and Banister by the summer of 1962. But yet, they are not the true conspirators. The real ones are people named Slim, Clint, Brother-in-Law, and one Gary Kirstein i.e. nameless, faceless non-entities. (Later, Thornley named one as Jerry M. Brooks, former rightwing Minuteman turned informant to Bill Turner.) Thornley’s communications with the HSCA were frequent as he tried to rivet their attention on his new and improved JFK plot.

    When Oliver Stone’s JFK came out, Thornley was paid to make an appearance on the tabloid program A Current Affair (broadcast on 2/25/92). Some of what Thornley said on camera is worth quoting:

    I wanted to shoot him. I wanted to assassinate him very much. . . . I wanted him dead. I would have shot him myself. I would have stood there with a rifle and pulled the trigger if I would have had the chance.

    Clearly, Thornley’s hatred of Kennedy is virulent. Thornley also had some interesting comments about Garrison. Concerning the DA’s indicting him for perjury, Thornley commented, “Garrison, you should have gone after me for conspiracy to commit murder.” Of course, the conspiracy Thornley is hinting at is the later manufactured one with Slim, and Brother-in-Law etc. He also insisted in 1992 that he had not betrayed his friend Oswald, even though he now thought the case was a conspiracy. Thornley was apparently doing his distracting limited hang-out number for bucks this time around. Thornley died in 1997 of a kidney ailment.

    What is the sum total of the reliable evidence about Thornley available in the new files and ignored by Lambert? First, Thornley lied about his relationship with the intelligence network surrounding Oswald. He knew all of these players. He also lied about not knowing Oswald in New Orleans in the summer of 1963. The question of course is: Why did he lie? And the answer seems to point to some deeper involvement. This seems to imply that the Weisberg investigation of the flyers at Jones print shop and the FBI telex about Oswald accompanying Thornley to California and Mexico have some validity to them. It also suggests that Thornley’s admission about knowing Oswald was not a communist has some weight. That is, Thornley may have known the truth about Oswald all along and may have helped him construct his cover. Garrison went so far as to suspect that it was Oswald’s head imposed on Thornley’s body in the famous backyard photograph. Whatever the truth about Thornley’s possible role in the setting up of a patsy, Lambert’s writing about him – cribbed from Lifton – is too brief, too superficial and ultimately dishonest in what it leaves out. In other words, it is propaganda that deliberately avoids the new evidence. It would also appear that Lifton looked at Thornley with a much too gullible and trusting eye.

    The worst thing about Lambert’s book is that it shows that an old adage by Robert Blakey about the Kennedy assassination seems to be true. Blakey said that after his experience with the House Select Committee, it was his opinion that the JFK case was like a Rorschach test, people saw in it what they wished to see. Lambert’s book is proof positive of this. With all the new material now available at the National Archives on the Garrison investigation, Lambert still decided that she had an agenda to fulfill. And she had to have been aware of this, since she uses only bits to mold it. But, in the main, she ignores the record. Thus her book is hopelessly biased. And her book also bodes ill for Lifton’s long-awaited biography of Oswald. Will Lifton report on the new evidence truthfully and fully? Will he claim his version of the events is more accurate than more primary evidence, as he did with Palmer McBride (see the exchange of letters, pp. 26-27)? Or will he, too, be a false witness to the record?

  • Speech By Bob Tanenbaum


    From the November-December 1998 issue (Vol. 6 No. 1) of Probe


    Because CTKA was started largely as a result of the successful Chicago Symposium on the case back in 1993, and because Jim [DiEugenio] has been focusing on the HSCA in the past and current issues of Probe, we thought it would be good to share two speeches from former HSCA participants. Both of these speeches have been minimally edited for clarity. Bob Tanenbaum followed former Warren Commission member Burt Griffin to the stage. Tanenbaum responded to Griffin as he took the stage. [Note: Only Tanenbaum’s speech is online. The other speech by Eddie Lopez is available in the print version of this publication.]


    I’m in somewhat stunned disbelief to hear some of the rationalizations about what happened with the Warren Commission, and suggest that maybe we should have three lawyers with a small staff get involved in trying to decide whether or not we have a legitimate government or an illegitimate government.

    (APPLAUSE)

    I had the opportunity to meet with Oliver Stone and his people. And they’re wonderful people. I disagree with the premise. That doesn’t mean I’m right and they’re wrong. I just – I wasn’t able to prove any of that.

    But I have no quarrel with Oliver Stone. He’s an artist. We don’t go to movies to learn about American history. What we do is, when we read about a commission like the Warren Commission that has said the government of the United States is saying that Lee Harvey Oswald is the murderer of the president, what is obscene is not Oliver Stone. What is obscene is deceiving the American people with a makeshift investigation wherein their own investigators couldn’t be trusted.

    What does that tell you about the integrity of what went on in the Warren Commission? It’s not enough for me to sit here and listen and say it’s OK. We had young lawyers who were well intentioned, who were good and decent people, who thought it was wise to have as their investigators FBI, CIA, who they didn’t trust.

    Who are they going to get their information from? How are they going to investigate the case? And this issue about if we really found the truth, there could have been thermonuclear war. Well, let me tell you something. I was at Berkeley in 1963. And there was a war. And monks were immolating themselves in the streets of Saigon. And there were teach-ins at Cal. And 50-some-odd thousand Americans died needlessly in Vietnam. So we were close to thermonuclear war. What we needed was the truth.

    (APPLAUSE)

    And when I was in Washington, I had occasion to speak with Frank Mankiewicz. I didn’t invite him into my office. He called me and he came in. He put his feet up on the table, he said, “It’s government property. It’s OK if I put my feet on the table.” That’s Frank Mankiewicz.

    I said, “What can I do for you?” He said, “Well, I wanted to talk to you.” I said, “What, you’re a front-runner for the Kennedy family? You know, we’ve called Senator Kennedy innumerable times. Never had the decency even to respond once.” I said, “You want to find out here if we’re conspiratorial-minded, if we’re establishment-oriented, if we read the New York Times, Rolling Stone, if we’re suspect creatures.”

    (LAUGHTER)

    I said, I want to know from you the question that was raised. What did the attorney general, Robert Kennedy, have to do about this whole business? If after all, common knowledge is and common experience is, you know, would Bobby Kennedy permit the CIA or anybody else, underworld, overworld characters to have assassinated his brother and stood silently by?

    And his response was that Bobby Kennedy couldn’t put a sentence together about the assassination. And then on one evening, the closest he ever got to anything to do with the assassination was he was asked by Bobby Kennedy not to have any coverage of putting the brain back into the president’s coffin. And that if anybody leaked what was going to take place, then Mankiewicz was in serious trouble.

    That was the only time he said he ever was able to hear anything from his lips about the assassination. So the reason I raise these points is that, you know, unlike the doctors who were testifying – who know everything, it’s incredible – their degree of certitude about life is absolutely fascinating to me. Because in the hundreds of cases I’ve prosecuted in helping run the homicide bureau of the New York County D.A.’s office, and running the criminal courts, I always have a lot of questions. A lot more questions unanswered than otherwise. But I will tell you, what is disturbing about this whole case is somewhat of a cavalier notion that we’re going to sit down and we hope we find the conspiracy, but we’re going to use FBI people and CIA people who very well might be involved, who we don’t trust. And by golly, we don’t want to smear anybody, in case we’re wrong. But there’s always Lee Harvey Oswald. We can do whatever the hell we want to him.

    (LAUGHTER AND APPLAUSE)

    Coming from a D.A.’s office where – that really was a Ministry of Justice which is no more. When Frank Hogan was district attorney, and his predecessor was Tom Dewey – notwithstanding any elective politics, Tom Dewey was a damn good lawyer, and he was a top-notch D.A. As was Frank Hogan.

    Hogan was larger in life than his legend. He was D.A. for 32 years. He was a lifelong Democrat, always had Republican, liberal, conservative party support in New York County, which is the island of Manhattan. And that’s saying something in New York City.

    When I went into that office, I was one of 17 accepted out of 800 applications. And there was a training period for years. Not days, not a few afternoons. But for a couple of years, before you ever got near a serious case.

    And when you dealt with these cases, there was only one issue: Did the defendant do it? Is there factual guilt? And if there is, is there legally sufficient evidence to convict beyond a reasonable doubt to a moral certainty?

    Now, if anyone interfered with that investigation – and I handled assassinations of police officers, the murder of Joey Gallo and so on – no one would have been immune from having to answer legally if they interfered with the investigation.

    Now, if you’re talking about honestly going forward in a murder case that happens to involve Martin Luther King and the president of the United States, do you think you would have less of standard? Would there be less of a standard? Would you permit, for example, the FBI to clear your people if you’re the legislative branch?

    If the legislative branch is now saying we are going to investigate this case, what is the reason to have the FBI and/or the CIA tell you you could hire Jones, you can’t hire Smith. You can hire Walter, but you can’t hire Sally. You can hire Jane. Wait, did they take Clearing 101, that I didn’t, when I was at Berkeley?

    (LAUGHTER)

    When they look at documents and they talk about this great sensitivity that exists, that Eddie Lopez talked about redaction. You know what that’s like? You have a document here and it says, “The Investigation,” and down at the bottom is says “Lee Harvey Oswald.” Everything else is black.

    (LAUGHTER)

    And then you surrender your notes. What we’re talking about here which is disturbing is what Adlai Stevenson talked about, someone I admired a great deal. He actually carried my neighborhood in Brooklyn, although we lost the rest of the country five to one.

    (LAUGHTER)

    I’ve been out of step a long time. And that is, we have to tell the American people the truth. And if there was no Adlai Stevenson, there never would have been a JFK.

    So what we’re talking about here is tampering with American history. And that’s the sin that’s been perpetrated. It’s not Oliver Stone, it’s not Kevin Costner. It’s not the staff that worked on “JFK.” And it’s certainly not people who have taken a tremendous amount of their own time to write about – to create the library of over 600 books on the assassination.

    Some of them may be right, some may be wrong. And it is not the obligation of private people to come up with an alternative – another theory. When I heard that this morning from the medical panel, a panelist about, well, you know, after all, we came up with our theory. What do you got?

    (LAUGHTER)

    It’s sort of like looking at the jury, well, we had nobody else to prosecute today. And this guy happens to be here. And if I could convict an otherwise innocent person, I’m a hell of a trial lawyer.

    (LAUGHTER)

    So somewhere along the line, we’ve lost the sense of balance and understanding about what we’re doing in this business. And it doesn’t mean you make popular decisions. But it does mean you make the professional decision.

    And if in the case, for example, of Phillips, who testified before the committee before Eddie Lopez came on board and he testified about this conversation that allegedly took place in Mexico City on or about October 1; and of course, you all know about the telex and the wrong person who appears on the photograph of the telex.

    And he said, well, understanding that we photograph everybody who goes into a Communist embassy, the Communists do the same thing to us. And by the way, that’s how they know each other. None of these guys ever get knocked off. They’re taking photographs. They know each other. And they’re also listening. They’re eavesdropping. They’re wiretapping phones and eavesdropping in various rooms.

    And so he said under oath, well, at that particular time, our camera system went out. You know, human error can take place. But what happened to the tape? Well, we destroyed the tape. Why did you do that? Because we recycled our tapes…

    (LAUGHTER)

    … every seven or eight days. For economy, I assume. This is this, oh, you know, what the CIA has done with respect to not being accountable to the Congress. What we’re saying here, in essence, is that 10 days after this alleged conversation, the tape would have been recycled, gone.

    Mind you, of course, we had this telex that came out about this Lee Henry Oswald. Interesting how this middle name somehow got mixed up in everything. And so the tape was gone.

    Interestingly, when I was on the committee, I had occasion to speak with Garrison and to speak with Mark Lane. I did not know either of these two gentlemen. I had basically negative impressions about them because of the coverage that they had received throughout the course of this whole period of time. Both of them, I will tell you, whether you like to hear it or not, were very cooperative with the committee when I was there. They did not, under any stretch of the imagination, offer any kind of course one should move in. An agenda that – or a road map, or a theory. They simply wanted to respond to questions that were being asked. And Mark Lane handed me a document that he had obtained, which was dated November 23. And it was a document that stated, in substance, the following. I’m sure you’re familiar with it. But it relates directly to the Phillips issue and to the issue about why the Congress cannot investigate this case.

    And it’s not maybe just the Congress. But it’s a mindset. And on this document of November 23, it stated from J. Edgar Hoover to supervisorial staff, we have – we, the agents, who have been questioning Lee Harvey Oswald in custody for the past 17, 18 some-odd hours, have listened to the October 1 tape in Mexico City of the person who allegedly was Lee Oswald. And our people questioning Oswald in custody have concluded that the voice on the tape was not the same as the person in custody.

    Now in order to pursue that, one has to have a confrontation under oath with Mr. Phillips. This is simple stuff, isn’t it? You don’t have to go to Yale Law School to figure this stuff out.

    (LAUGHTER)

    And you don’t need Bill and Hillary to figure this out. You can do – we could do it ourselves. And you hit resistance. And when you hit resistance, and you want to say let’s discuss this with the CIA, and let’s discuss with the FBI, there’s nothing to discuss with them. This is not an encounter session when you’re trying to find evidence out.

    (LAUGHTER)

    And you don’t rationalize, gee, I might create a thermonuclear war if I find out the truth.

    (APPLAUSE)

    Well, I agree in large – you know, I agree in large measure – I have a great deal of respect for Earl Warren. He was the tough D.A. of Alameda County and governor of the state of California. And no one expected when President Eisenhower appointed him to the bench that he would ever do what he did, starting with Brown v. Board of Education in 1954, overruling Plessy v. Ferguson and a whole revolution of criminal justice up through the 60s, which of course was a hundred-some-odd years later than it should have ever happened.

    But he recognized, in large measure, himself this dilemma he was in. Which is one of the reasons why he didn’t want to be part of this commission. And he did write that existing conditions may have to override principle. And what was he talking about?

    He did not believe, I believe – and this is sheer speculation – that anybody of his integrity would have thought that everybody here, that the Sylvia Meaghers of this world and the Cyril Wechts and others who contributed to the library of inquiry of truth would have existed if he did from his – the historical record of Earl Warren, I don’t believe for one second he ever would have been in charge of this commission. And never would have permitted it to proceed the way it did.

    And it’s a shame on his career that he is so associated with his name on a report that’s a complete sham. And that is what is so disturbing. And why do I say that? Because I get right down to basics. You listen to the medical testimony about micro-invasions of the anterior cerebral left portion of the skull.

    The question is, from the very beginning, how do the police get to the defendant? These are not difficult questions that you have to answer. That is to say, if you cannot prove the truth of your case from inception, why are you getting involved in all of these theories that came down that, but for various pieces of evidence, never would have flourished?

    By that, I mean, if there were no Zapruder film, I can tell you there never would have been a one-bullet theory. I myself have been responsible for thousands of cases, acting as the head on many occasions the homicide bureau in the New York County D.A.’s office, where we had about 1,000 homicides a year. All of England had about 126 during that period of time.

    (LAUGHTER)

    This is on the island of Manhattan. In no case, in no case did anybody ever allege that A and B were shot by one bullet. Where you had two people shot, you went through the normal kinds of investigative technique with experts. But you know why they had to come up with the one-bullet theory. Because that film becomes a clock on the assassination.

    If you use the – given the murder weapon they’re using, which is somewhat different than was described initially…

    (LAUGHTER)

    … then you have to come up with a one-bullet theory to make this thing stick. And I’m still have trouble figuring out why Tippitt, on an evidentiary record, stopped Oswald. I looked at those Hughes photographs. I saw how that window ajar very slightly. And I don’t recall anybody standing up on that window heroically stating “I just murdered the president,” throwing his rifle down, so that everybody can see him. I see a window and photographs, some very short time, within a minute or so, before and after, nobody in it, slightly ajar.

    And if you accept the “Sniper’s Nest” theory, you don’t have someone standing up at all, do you? You have very, very partials of someone’s face. Very difficult to give a description of height, weight, facial characteristics. And particularly be definite about giving it to Secret Service people at a time when it went out over an alarm when there were no Secret Service people to give it to.

    So the trial of Lee Harvey Oswald in any court in America, I would suggest to you, given my limited experience of trying several hundred cases to verdict as a prosecutor would be very, very difficult, and almost embarrassing. To present the evidence on behalf of the people, in every aspect of the evidentiary record.

    And what is disturbing to me, what is disturbing in Washington, is that if you can’t do this job, then say it. Don’t walk around and publish 26 volumes and expect that the New York Times, without even reading it, or seeing the evidence, is going to endorse it and say this is the gospel truth, when you know, as an American, as a professional, that what you did was a sham.

    There’s no excuse for that. And if the Congress of the United States is going to argue, which they did – they had countless hours of this, until I got fed up and like Paddy Chayevsky, I couldn’t take it any more – and they say, well, you know, we got to work with the rest of the membership. And we need funding for other issues. Hey, well, why did you call me down here?

    (LAUGHTER)

    I’m the wrong guy for this. I can’t go around to 435 people, who were elected, and have to tell them what the investigation is and their staffs, their AAs, their LAs and all these other jokers running around. Because there was a perversion that took place.

    People are expecting to hear the truth. Which is miraculous in itself, given the nature of what’s going on. And if the American public, which I hope C-SPAN ultimately provides for everyone, demonstrates what really goes on in the House of Representatives and/or the Senate during their sessions, where you have people read articles about Richard Sprague, for example, that were published in the Chattanooga Courier into the record as a piece of evidence, then maybe we’ll see some real reform about what goes on there.

    But it is disturbing to discuss various issues that occurred when people weren’t psychologically, professionally, philosophically committed to the truth-finding process. That doesn’t mean it can’t happen. To the contrary, I’m an optimist. I believe it can happen. But it has to happen under some very, very important conditions present before going forward. And that is a total commitment to finding out what occurred. And if, in fact, there are people who are contemptuous, as there were on our committee – and by the way, when I would sit at some of these hearings and hear some of the members of the committee – not Lou Stokes, who’s a very dear friend of mine – but others say how much cooperation the committee has gotten from the CIA and the FBI, I had to clear the record and clarify it.

    That didn’t endear me to the membership. There was a minority membership. There were some good people on that committee. Stu McKinney from Connecticut, who was the minority ranking member. And Richardson Preyer from North Carolina, who was the ranking member on the Kennedy side. These were good people. And Lou.

    And I understand why the Congress could not investigate this. But I chose not to be a part of it, because at that time, I had a three-year-old daughter. I now have three children. And I didn’t want her to read about an American history that I knew was absolutely false, that her father might have participated in.

    I learned a little differently at PS 238 in Brooklyn. And I believe that in my heart of hearts, we owe – we, the people who care, owe it to the entire public that the truth finally be investigated in a highly professional, independent fashion. And wherever the facts lead, not looking for conspiracy. That sounds like – it’s a word that lingers out there in the netherland, along with “circumstantial evidence.” If in fact there were two or more people who engage in an illegal enterprise, so be it. Tell the truth.

    Does anybody really believe that certain people in the executive intelligence agencies are more equipped to handle the truth than the American people? If so, then we will redefine the nature of our democracy. And that’s something I’m not prepared to do.

    (APPLAUSE)

  • Case Distorted: Posner, Connick, and the New York Times


    From the March-April, 1996 issue (Vol. 3 No. 3) of Probe


    When the New York Times published Gerald Posner’s article entitled, “GARRISON GUILTY: Another Case Closed” (New York Times Magazine, August 6, 1995), they managed to convict a second person without benefit of a trial-the first being Lee Harvey Oswald, whose guilt the Times has trumpeted over the years by virtue of its unwavering support of the Warren Report. The Times certainly picked the right person for the job of ferreting out contradictions in the late Jim Garrison’s files. Posner’s book, Case Closed, is rife with contradictions, sloppy research, and distortions. What is surprising is that the Times found all of this newsworthy. The contradictions found in the files of the Warren Commission and the House Select Committee on Assassinations (HSCA) would fill volumes. Where were the Times and Posner when the HSCA released their files in 1993? Had they been at the National Archives they would have found suppressed evidence supporting the Garrison case. Was Posner too busy at the time to examine these files? Apparently he now has more time on his hands to allow him to first attend the Assassination Records and Review Board hearings in New Orleans and then to examine Garrison’s files.

    The $64,000 Question

    Why was Posner allowed access to these files? New Orleans District Attorney, Harry Connick, is on record as stating only representatives of the government would be allowed to review these records. Does Posner qualify under this criteria? According to his article, Posner was personally invited by Connick to review the files. [For more on Connick’s role in this affair, see Probe Vol. 2, No. 5].

    It is difficult to comment on the specific allegations that Posner raises without benefit of actually seeing the files. However, it is possible to rebut some of the most egregious distortions. First it might be instructive to look at what Posner claims he examined.

    Tracking the Garrison Files

    In 1978 two investigators from the HSCA were dispatched to Connick’s office to inventory the Garrison files. It took the HSCA staffers four days to inventory the five-drawer file cabinet. The inventory list itself is 23 pages long. Assuming Posner did not graduate Summa Cum Laude from Evelyn Wood, did he have enough time to adequately review all of the files? Even if he did, the Connick files represent only a small portion of the entire Garrison probe output. The Garrison family had approximately a dozen boxes of the late DA’s files. (These were turned over to the ARRB). Garrison himself submitted hundreds of pages of documents to the HSCA in the late 1970’s (available at the National Archives since 1993). Additional Garrison materials fill several file cabinets at the Assassination Archives and Research Center in Washington, D.C. The Georgetown University Library is home to the Richard Billings Papers, yet another vast collection of Garrison work product. This, combined with the 3,000+ page transcript of the Clay Shaw trial and the newly found Grand Jury testimony, amounts to an avalanche of investigative materials. Did Posner examine all of the above mentioned materials in order to put the Connick files in the proper context? Doubtful.

    The Posner Spin

    Posner begins his article by confidently informing the reader that “on the eve of the public release of some of Garrison’s files, it is finally possible to settle whether the case against Shaw was a fraud.” Consider what Posner is saying here. He can finally settle the case by looking at some of the files. One wonders if he employed this same methodology while writing Case Closed.

    Continuing with the article, we are told:

    Garrison persisted in following leads even when they were quickly discredited: that an eccentric homosexual, David Ferrie, taught Oswald how to shoot and had visited Texas on the evening of the assassination; and that Oswald, together with some flamboyant homosexuals, had visited a local attorney, Dean Andrews, who claimed his legal bill was paid by a man known only as “Clay Bertrand.” Using these assertions, Garrison soon said the plot to kill the President was “a homosexual thrill-killing.” (He claimed that Oswald was a “switch-hitter” and that Jack Ruby was gay.

    Assertions? It is now a documented fact that Oswald was in Ferrie’s Civil Air Patrol unit. A photograph showing the two at a CAP barbecue was presented during a PBS documentary [Frontline 11/16/93, “Who Was Lee Harvey Oswald?”] Furthermore, Ferrie would occasionally drill his cadets in the use of firearms. It is a matter of public record that Ferrie visited Texas on the evening of the assassination. Ferrie, himself, admitted this. Oswald’s visits to attorney Dean Andrews’ office are not taken from Garrison, but rather from Andrews’ sworn testimony before the Warren Commission. The bit of business about the plot being a “homosexual thrill-killing” is from an article by James Phelan supposedly quoting Garrison. Readers of Probe will recall that Phelan has some credibility problems. I don’t doubt that Garrison suspected Oswald was a “switch-hitter.” Given his association with aggressive homosexuals like Clay Shaw and David Ferrie, one would have to at least consider the hypothesis. Norman Mailer certainly gave it serious consideration in Oswald’s Tale. There also appears to be indications that Ruby was indeed gay, but so what.


    The full article from Probe

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  • James Phelan


    From the January-February, 1996 issue (Vol. 3 No. 2) of Probe


    James Phelan was a nationally known and distributed reporter for over 20 years, from about the mid-50’s to the late 70’s. He semi-retired in the early 80’s and today is fully retired and living in Temecula, California. At the peak years of his career, Phelan wrote for True, Time, Fortune, The Reporter, Saturday Evening Post, and New York Times Magazine. Although Phelan liked to refer to himself as a free-lancer, he was a staff writer for the Saturday Evening Post for about seven years in the 1960’s. In the seventies, he was writing almost exclusively for New York Times Magazine.

    As anyone with knowledge of the CIA and the media will know, those two publications, as well as the Luce press Phelan contributed to, have been exposed as having ties to the intelligence community. For example, they are prominently mentioned in Carl Bernstein’s famous Rolling Stone article entitled “The CIA and the Media.” It should also be noted that Saturday Evening Post has had ties to the FBI. For instance, correspondent Harold Martin was used by the Bureau as a friendly conduit for favorable stories to be passed to.

    Because of his writings on the Kennedy assassination in the Post, New York Times, and his book Scandals, Scamps, and Scoundrels, many have harbored suspicions about Phelan’s independence as a writer. What makes him even more suspicious is the company he has kept throughout the years. For instance, his editor at Random House was the infamous Bob Loomis. According to Jim Marrs, Loomis is formerly CIA, and he edited the recent Norman Mailer and Gerald Posner books depicting Oswald as a lone gunman (Phelan was a source for Posner). Tom Wicker, longtime Warren Commission defender, wrote the introduction for Phelan’s 1982 book. While reporting on Garrison over a period of years, Phelan indiscriminately chummed around with people like Hugh Aynesworth, Walter Sheridan, Rick Townley, and David Chandler. Yet if one questions his bona fides, Phelan vehemently denies that he is tied to the FBI, CIA or any government agency. He often intimates possible lawsuits in the face of these suggestions.

    With the release of new documents under the JFK Act, Phelan will now have a hard time using these tactics. So far, two full documents and a partial one have been released revealing that Phelan was informing to the FBI and turning over documents to them as a result of his interviews with Garrison in early 1967. The most interesting contact sheet is the one uncovered by Anna Marie Kuhns-Walko and included in CTKA’s collection of her work. In this April 3, 1967 memo by R. E. Wick to Cartha DeLoach, Wick writes that he agreed to see Phelan reluctantly: “Although we have stayed away from [Phelan’s name crossed out] it was felt we should hear what he had to say and Leinbaugh in my office talked to him.” Phelan seems to have tried to pump Garrison for details about his New Orleans investigation and been disappointed when Garrison would not stay on that topic but would return to the faults of the Warren Report.

    Phelan has also written much on Howard Hughes. In fact, his first piece for the Post was about Hughes. In 1962, Phelan wrote a story detailing a “loan” from Hughes to Nixon’s brother Donald. This story hurt Nixon in his losing race against Pat Brown for governor. But Phelan’s most famous work on Hughes was his 1976 “instant book” on the eccentric, invisible billionaire, Howard Hughes: The Hidden Years. To say the least, it is a curious work. It came out within months of Hughes reputed death. Phelan states that two lower level members of Hughes entourage, spilled out the story of the reclusive loner’s last years to Phelan in an apartment he rented for them near Long Beach, Phelan’s home at the time. Phelan’s editor was again, Loomis and it was a top secret project of Random House. Only Loomis and one other person there knew about it. All dealings between New York and California were done either in person or by hand delivery, no mail or phone contact.

    The result is a book out of Dickens. It is a picaresque observation of an eccentric slowly slipping into dementia with touches of humor slipped in occasionally. Phelan seems to have bought everything the two assistants told him and relied on it en toto. The book has no footnotes or bibliography. Not even an index. Phelan begins by decrying the “cult of conspiracy” that had grown up around Hughes and, ironically, chides Norman Mailer who in a recent essay had noted Hughes’ close ties to the CIA. This was a point that many had commented on at the time. Peter Scott had written that it is difficult to delineate where Hughes’ companies ended and the CIA began. Robert Maheu, a friend and source for Phelan, had gone from the Company to Hughes. But, incredibly, in the entire book, after the Foreword, the CIA is mentioned in only two passages. The first is when Maheu’s role as Hughes CEO is introduced and then again when the Glomar Explorer episode is sketched in. In an interview he did in Penthouse in 1977 Phelan was asked about Woodward and Bernstein and the possibility that Robert Bennett-Mullen Company executive, Hughes employee, CIA asset throughout the Watergate affair-was “Deep Throat.” Phelan discounted this. He said that Bennett “inherited E. Howard Hunt” and Mullen served as a “cover for two CIA agents working abroad.” He said he had interviewed Bennett “and found him to be very forthcoming.”

    As the CIA documents presented in this issue reveal, Phelan didn’t do his homework in regard to any of these subjects. In that same interview, Phelan praises the work of Woodward and Bernstein, who were being deliberately led off the trail of the CIA by Agency asset Bennett. In Scandals, Scamps, and Scoundrels, Phelan chalks up Watergate solely to Nixon’s obsessive and quirky personality. This was well after the publication of Fred Thompson’s book (see page 29) which details the role played by the Mullen Company and Bennett in the Watergate affair.

    As with his 1967 caricaturing of Garrison, those interested in what really happened at Watergate and what really transpired between the CIA and Hughes had to settle for personality sketches, vague generalities, and Phelan’s own cleverly disguised biases. On the two great traumatic shocks to the system-Watergate and the JFK conspiracy-Phelan has been anything but what Random House billed him as: an investigative reporter.

  • Perry Raymond Russo: 1941-1995

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


    Just as we went to press, we were told by New Orleans sources that Perry Russo had passed away of a reported heart attack on August 16th.

    Russo, of course, was the witness at the Shaw trial who stated that Ferrie, “Leon” Oswald, and a man he later identified as Clay Shaw, discussed the assassination of President Kennedy at Ferrie’s apartment in New Orleans in September of 1963. Russo surfaced after Ferrie’s death (Ferrie had threatened his life previously) and became a witness for Garrison at the preliminary hearing of Clay Shaw in March, 1967. Perry was brutally maligned by local Shaw allies like Rosemary James, and national media reporters who ended up having government ties e.g.Walter Sheridan, Hugh Aynesworth, and James Phelan (see p. 7, col. 1). Because he would not turn on Garrison he underwent a four year onslaught that altered his life permanently. He later became a taxi driver, working 80 hour weeks. He would always give researchers access to him and was a font of information on Ferrie, anti-Castro Cubans, and the New Orleans scene in general. In the summer of 1994, Perry got researchers Jeff Caufield and Romney Stubbs into Ferrie’s apartment and reconstructed the scene at Ferrie’s apartment that he testified to at the Shaw trial.

  • Connick vs. Garrison: Round Three

    Connick vs. Garrison: Round Three


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


    connick Harry Connick ran against Jim Garrison twice, once in 1969 and again in 1973. He lost the first time and then, due to the bad publicity of Garrison’s two frame-up trials, he defeated him in 1973. Connick took office April 1, 1974. He has been the DA ever since. As background to the rather curious events of the last two months, it is important to note who some of Connick’s backers were in the 1973 race with Garrison and to mention at least one strange event that occurred during the ’69 race.

    In the 1969 race, on the eve of the election, a poll put out of New Orleans on October 15th placed Garrison ahead 49%-18%. Three weeks later, very close to election eve, a St. Louis company called DeWitt announced the results of another poll. This one put Connick ahead 49%-28%. Garrison won in a landslide. The poll was quite questionable, yet WDSU newscaster Terry Fletcher did a much publicized segment trumpeting its results. The day after the election even the Times-Picayune, no friend of Garrison’s, wondered if the poll was a hoax intended to help Connick win. In 1973, Connick outspent Garrison by a wide margin, as had been the case in ’69. In the second race, the local alternative papers like Gambit and The Courier badgered Connick to release the list of contributors to his campaign. After weeks of pressure, Connick finally released a partial list. The contributors included the major backers of the Superdome project, including his brother William (Superdome secretary). In other words all the big banking interests in the city. Two other contributors were Clay Shaw and Carlos Bringuier. Two others were Leonard and Bill Gurvich, who also ended up helping Shaw’s defense. Both newspapers at that time, owned by Ashton Phelps, did much to help Connick. Connick won a close race.

    Connick Drops the Ball

    As Garrison suspected, once he was in office, Connick did nothing to preserve or pursue the Kennedy investigation. For example, in a televised debate during the ’69 race Connick stated that although he was “inclined to say there is no merit to them” he would have to evaluate each of the charges involved in the case before dismissing them. Apparently, the evaluation did not take long since, to use one example, the case against Kerry Thornley was dismissed five months after he took office. Under Connick’s watch there has been massive urban flight out of New Orleans into the suburbs like Gretna, Covington, and Metairie. The New Orleans police force has deteriorated to the point where stories about murder and cover-up run in big city newspapers. In fact, the August 12th issue of the Los Angeles Times ran an article in which a chief suspect in a serial murder case there is a policeman. New Orleans has become the city with the highest murder per capita ratio in the U.S.

    The Missing Files

    So on June 28th, when Connick stepped into the witness chair to testify before the ARRB at the old U.S. Mint at 400 Esplanade, most observers familiar with him and his career did not expect much in the way of candor or forthrightness. Even before the hearing, Connick tipped his hand by cozying up to Gerald Posner, mysteriously in town for a secret and “unrelated” project. No dummy, Connick complemented the Board on its effort to secure records. He said he had decided to turn over what he had left to them because “what you are doing is important and we think that what we can hopefully add. . . will clarify some of the clouded areas of the past and make sense out of what happened.” Under questioning from the Board he implied that Garrison and his staff had “rifled” the investigative files since much was missing from them when he took office. He qualified that to Kermit Hall by saying “Our criminal code calls that theft.” He took a parting shot at Garrison by saying that when he took over the office “it was a pretty sorry state of affairs”, “things were run in a very slipshod manner”, and “It was in bad shape”.

    It was a typical Connick performance: slick, sanctimonious, less than candid, mean-spirited and cheap toward his predecessor. But Connick made one mistake. By calling the disposal of records theft, he sent shock waves through some members of his former staff. Predictably, Connick did not reveal that he himself had participated in-ordered actually-the destruction of valuable records. According to an affidavit executed by a former Connick staffer the DA decided to destroy the records of the grand jury testimony during the Shaw investigation. When the staffer questioned this decision on the basis of historical significance, Connick said, “Burn this sonofabitch and burn it today!”

    Fortunately for history, the staffer did not. He kept them in his garage in the intervening years and when Connick’s accusation of “theft” was broadcast, he felt that the DA was setting him up to take the fall on the missing grand jury testimony. He called local television reporter Richard Angelico and gave him the testimony of the 40 witnesses. He swore out the affidavit on condition Angelico send them to the ARRB. Angelico did, but not before getting an interview with Connick in which, in another typical Connick performance, Connick smugly stuck his foot in his mouth (the entire report is in the accompanying transcript). It got worse when, the day after Connick denied he destroyed records, another former staffer, Ralph Whalen, stated in the local papers that he remembered Connick “destroying a bunch of Garrison stuff . . . some things that related directly to the Shaw case”.

    Subpoenas Galore

    Suffice it to say, after stating on camera that he did not remember ordering the destruction of the records, Connick had been cornered. He now told the press that he had discussed the matter recently with top assistants and “Neither has any recollection of any orders to burn anything.” This was a curious statement for him to say because on the next day, July 13th, he ordered his former investigator Gary Raymond-the staffer who had contacted Angelico-before the grand jury. Clearly, Connick had been embarrassed in front of his electorate and then he had been disingenuous with them. How else can one explain the apparent paradox of the DA “not remembering” any orders for destruction, yet issuing a specific subpoena for a specific name-Gary Raymond-to appear before the grand jury to testify on such matters. Raymond’s name had not appeared in either the broadcast or any of the papers yet. On the same day, he also issued a subpoena for Angelico to appear before the grand jury. Later he was to subpoena the ARRB itself. He referred to Raymond as “the thief” in the case and Angelico as “the recipient of stolen property.” During a press conference Connick, after saying in the Angelico segment that everything involved in the Shaw case should have been “retained and preserved in some way”, now reversed himself. He said he did destroy records, but none that could have been useful to historians. He then defended his order to destroy the grand jury testimony by saying, “What’s my responsibility, to put them in an iron box and adore them?”

    The subpoena to Angelico was served on WDSU’s corporate counsel so it was not valid: specific personal subpoenas have to be served on the person named. The subpoena to the ARRB, according to ARRB attorneys and the Justice Department, is not valid. Raymond did show up before the grand jury. Even though there were nine murder cases that week, Connick still attempted to muster enough grand jurors to hear Raymond. Connick could not get a quorum and Raymond was asked to come back the next week, July 20th. His session on that date was then canceled. As of today, the only person to have gone before the grand jury was Connick’s first assistant. When she outlined what had happened, the members asked, “Well, what’s the charge?” Her response reportedly was, “We aren’t sure.” The grand jury asked what she was doing there then, since they had important matters to attend to.

    At this point and due to reports out of New Orleans that Connick was going to destroy other remaining records of the case, Jim Lesar wrote a long FOIA request to Connick. It read in part, “I am making this request to prevent you from carrying out your threat to destroy records relevant to an important chapter in American history.” And further on, “Whatever records you or your office may possess pertaining to Garrison’s investigation into President Kennedy’s murder are of intense interest to students and scholars of the assassination.”

    Another strange thing then occurred. Hugh Aynesworth, longtime FBI asset on the Kennedy assassination, wrote a front page article based on the grand jury testimony for the July 16th Washington Times. Predictably, it focused on the testimony of Bill Gurvich, a plant inside Garrison’s office, without , of course, mentioning that fact. At first, most felt that WDSU had sent the testimony to Aynesworth since Angelico had closed his report by saying that he would send the transcripts to an “assassination expert” in Washington for review. But in an interview with PROBE Angelico stated, “Why do think it was me. Connick and Aynesworth have been friends for a long time.” Both Angelico and Raymond also revealed that Connick had kept a copy of the testimony for himself.

    The story then took another twist. With the controversy swirling to a boiling point in New Orleans, with the local papers and TV carrying daily stories, with the public waiting for the results of the grand jury testimony and subpoenas, with T-shirts being printed with Connick’s picture above the quote “What’s the point Harry?”, the DA left town. He went to New York. All further announcements were left to his office. But Connick did do one thing before he left. He sent out feelers to Raymond. He wanted to know what he wanted in return for a deal. Connick’s position in New Orleans was weak.

    Before the controversy erupted, Connick had agreed to send up the only investigative file left from the Shaw case to the ARRB. This was a five drawer file cabinet chockfull of extremely interesting, unique materials. In fact the day he testified, he called the ARRB and said he was arranging to have it sent up. This was in keeping with an interview he had given to researcher James DiEugenio in August of 1994. At that time he said that he would only give these files to an official government body. In fact the HSCA had indexed these files but, for some reason, had not requested them.

    In the first week of August, Reuters ran a story based on an interview with author Gerald Posner. The story was picked up by the Washington Post and the New York press. This previewed and announced an upcoming article to be written by Posner for the New York Times Magazine in the Sunday August 6th issue. That piece was written at about the level of Posner’s book, i.e. recycled, blatant disinformation. (See accompanying CTKA press release.)

    Was Connick plotting with Posner during the ARRB hearing? Did he or WDSU (strong allies of Walter Sheridan during the Shaw prosecution) send the transcripts to Aynesworth? Did Connick talk with the always pro-Warren Commission staff of the The New York Times while he was in New York? Did they then arrange a damage control piece with the always accommodating Posner? It is curious, but predictable, that Posner’s piece mentions not one word about Connick being under attack locally. As in 1967, the people in New Orleans got a much better view of things than did the American public. Was this the aim? Should we ask Connick? What’s the point Harry?

  • Raymond vs. Connick: Round One


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

    This is not the first time that Gary Raymond has crossed swords with his former boss, Harry Connick. When Connick came into office in 1974, Raymond was an investigator on his staff. By the time he left the department in the mid 1980’s, he was his chief investigator. He then became a private investigator. Since one of Raymond’s specialties was pedophile cases, Connick asked him to check out a case he had of a local priest who was sodomizing children and young adults. Gary checked out the materials, tapes and affidavits and recommended to the DA that he prosecute the case. Gary waited and waited. Nothing happened.

    Meanwhile, Gary encountered one of the kids he had seen on the pornographic tapes, which the priest had been peddling. Raymond asked the boy if he wanted to talk for the record. He said that the priest had threatened his life if he did. Raymond then drew up a three page memo outlining the case and he forwarded it to Connick. Connick’s assistant then told Gary that the DA was very angry about the memo. When Raymond asked why, the reply was that it left a paper trail. Connick had cut a deal with the archbishop in September of 1989. Later, Raymond saw Connick at a St. Patrick’s Day parade. He asked the DA when the priest was going to be prosecuted. Connick put his finger in his chest and said, “He won’t. Not as long as I am the DA. And you can’t do a thing about it.” Gary then went to Richard Angelico and he did a continuing five day series on what became the famous Father Dino Cinel child abuse case, in which the priest was making child pornography films in the rectory of St. Rita’s Church. One of the series highlights was Angelico’s interview with Connick. He asked the DA if he had made a deal with the diocese not to prosecute. He said he had because it would have been too difficult to track down and I.D. all the kids. Angelico had to remind Connick that the DA had gone before the legislature in 1985 and had the law changed so that mere possession of the material was a contraband charge. Connick had smugly stuck his foot in his mouth.