Tag: WARREN DEFENDERS

  • Von Pein: Still Cheerleading


    My multi-part review of Reclaiming History is already being noticed by the Dark Side. After only the first installment, both Vincent Bugliosi’s chief acolyte and his second ghostwriter have reacted. (And I haven’t even written about Tom Hanks and Gary Goetzman yet.)

    David Von Pein was Bugliosi’s major cheerleader at the time Reclaiming History came out in 2007. He was all over the web proclaiming that Bugliosi’s book would once and for all silence those who believed JFK was killed by a conspiracy, preaching to all how the famous prosecutor would forever demonstrate that had Oswald lived, he would have been convicted for killing President Kennedy. Alone. To say the least, if that was the goal, it was Mission Not Accomplished.

    The first part of my review questions the centerpiece of Bugliosi’s case against Oswald: the rifle. And now drum majorette Von Pein says that somehow it is me who is confused about the serial number issue with what is supposedly Oswald’s Italian made rifle. He says that I imply that there were many of the model 91/38 Mannlicher Carcanos issued that had this number attached. He disagrees and says only one 91/38 could have had that serial number.

    This is a complete distortion of what I wrote. What I wrote is this: there were about two million of the 36 inch Carcanos manufactured that we have production numbers on today. There were about one million of the 40 inch Carcanos manufactured that we have production numbers on today. Oswald allegedly ordered a 36 inch model, but the rifle in evidence is a forty inch model. This is a point that the Warren Commission — especially David Belin — tried to keep out of the record. (John Armstrong, Harvey and Lee, pgs 475-76)

    So does Von Pein. The Commission and he both realized that this would open up a Pandora’s Box of questions about 1) How did Klein’s ship the wrong rifle? and 2) whether the rifle in evidence was the right one. Because if what Belin and the Commission were implying– i.e.,it did not matter which of the two Klein’s shipped — then the universe of MC rifles with that C 2766 serial number just got very wide. And therefore how did one determine if the rifle in question was the correct one? Especially if the Commission and Klein’s could not even determine if it was the right length or model?

    Von Pein tries to narrow that universe by saying that the rifle in question was a model 91/38 MC. Here’s the problem with that. There was a 38 model in the forty inch rifle, but there was more than one 38 model in the 36 inch rifle. If we are talking about the 36 inch 38 model the Commission says Oswald ordered, you are at a universe of about 1.7 million rifles. If you are talking about the forty inch 38 rifle they say he received then you are at about a universe of a million rifles. (ibid, p. 439) And you have more than one factory in more than one city making the Carcano. As I reported, Dr. Lattimer had one of the 40 inch variety with the C 2766 serial number. If you are talking about the 36 inch variety, Tom Purvis has proved there was at least one of those stamped with that serial number. And this is with no systematic search at all! Imagine if the FBI had actually tried to find out the truth on this issue (which is probably why they didn’t).

    To repeat: Bugliosi never actually confronts this point. He never even fully informs the reader about the outlines of the problem. As I wrote, all he says is that it doesn’t really matter if such a problem existed since we know Oswald did it. That might be enough for the Von Peins of the world, but not many others.

    In part one of my review, I wrote that there were other problems inherent with the rifle. This is a good place to mention them. In my review I wrote that it is doubtful that Klein’s stocked a forty inch rifle in 1963. From the available records it appears that in early 1962 they were phasing these out. (ibid, p. 442) But around this time they placed an order for the 36 inch variety with Crescent Firearms. And they advertised this rifle from February of 1962 to March of 1963. In March of 1962 they began offering a four power scope with the 36 inch variety. The Commission says that this is what Hidell/Oswald ordered.

    So right here, in the space of a paragraph I have outlined what appears to be two more problems with Bugliosi’s prime exhibit. There is a question as to whether or not Klein’s had a forty inch Carcano in March of 1963. If they did not, then where did the Warren Commission’s rifle come from? Secondly, in the ad that the Commission says Hidell/Oswald ordered his rifle with, it was the 36 inch length MC that was offered with the scope. The Klein’s employee who originated the idea of mounting a scope on the rifle was Mitchell Westra. He told the House Select Committee on Assassinations (HSCA) that Klein’s only mounted the scope on the 36 inch MC. (HSCA interview of Westra 2/20/78) The man who actually mounted the scopes for Klein’s was Bill Sharp, their in-house gunsmith. He confirmed what Westra testified to: the package deal with the scope and MC rifle was used by Klein’s to market the 36 inch MC. (HSCA interview of Sharp, 2/21/78) Again, if this is so, where did the Warren Commission’s rifle — a 40 inch MC with scope — come from?

    Now again, even though I have brought up two new serious issues with the rifle — which Bugliosi never mentions — I could go on and on with more of them. But the gist of the issue is this: it appears that both the FBI and the Commission realized they had a serious problem connecting Oswald to the rifle. So they did what they usually did in these situations: they did not ask the right questions, failed to interview important witnesses (like Westra and Sharp), made evidence disappear (Armstrong p. 446), and got witnesses to say things that were contradicted by the record. An example of the latter is the date when Klein’s received the wholesale shipment in which C 2766 was supposed to be included. (ibid, p 444)

    The rifle is a point of evidence that, for the most part, has been granted to Warren Commission defenders through the years. Until recently, the only major exception was George Michael Evica in his 1978 book, And We are All Mortal. Of late, and much too belatedly, the work in this field by Tom Purvis and John Armstrong has allowed these issues around Oswald and the weapon to be aired more fully and intelligently. It is an issue that need not be conceded anymore. Bugliosi thought we would. He was wrong.

  • Oswald’s Ghost


    It is difficult to understand why Robert Stone made his new documentary on the JFK case, Oswald’s Ghost, which is airing on PBS stations nationwide on January 14, 2008.

    There is good reason to approach this film with great skepticism. For one thing, it contains no new information. The Assassination Records Review Board has been closed down now for several years. There has been abundant time to go through the millions of new pages that have finally been declassified. Yet Stone chose not to do this. Which, of course, seems rather odd. What is even more odd is that although the film mentions Oliver Stone and his film JFK, the ARRB is never even mentioned in the picture. In other words, the body that literally almost doubled the amount of documentation available on the JFK case goes unnoticed in a film on that very case.

    That tells you something about the film. So does Robert Stone’s choice of interview subjects. There are eleven main talking heads in the film. Four of them deal with the historical, political, and sociological backdrop of the era: Tom Hayden, Robert Dallek, Todd Gitlin, and Gary Hart. Seven of them deal with the assassination itself. Two are from the conspiracy camp: Mark Lane and Josiah Thompson. Five of them are Warren Commission advocates: Dan Rather, Priscilla Johnson, Edward Epstein, Hugh Aynesworth, and the late Norman Mailer. And this quintet has a lot more screen time than Lane and Thompson.

    So clearly, with this talking head line-up, Stone basically announces that he has no interest in divulging any new information or exploring any outstanding mysteries of this case. In fact, the very first shot in the film tells us where he is headed. It is of the so-called sniper’s nest window, which the Warren Commission alleged that Lee Harvey Oswald fired from. The end features Mailer’s bloviating voice-over about Oswald’s ghost not being able to talk as we see first the accused assassin’s gravestone and then a photo of a young Lee. So far from being any kind of free form, or even handed piece of investigatory journalism, the film stacks the deck and tries to lead the viewer to a preordained conclusion.

    And if one knows little or nothing about the JFK case, that conclusion may be convincing not just because of the imbalance of the witnesses, but also because of the cinematic skill of the director. Few American documentaries I have seen have been done with the technical brio and facility of this one. In sound, pacing, montage, and use of photographic devices, the film is extraordinarily well executed. And the intermixing of audiotapes, narrative voice-over, archival footage, present day film, and witness interviews is effective at giving the film a well-knitted surface that implies texture and depth to the uninitiated.

    But for someone who is not a novice, the film and its conclusion summon up the famous Chesterton comment. The first time G. K. Chesterton strolled down 42nd Street in Manhattan, he said, “What a wonderful experience this must be for someone who can’t read.” Because as with the first and last shots, the film is a transparent set-up. There is very little discussion of the evidence. The single bullet theory is barely mentioned and is not illustrated. The magic bullet, CE 399, goes unnoticed. The Zapruder film is used, but only in a very limited way. The only time the head snap at frame Z 313 is shown it is not with the Robert Groden, rotoscoped version i.e. enlarged, slowed down, and stabilized. So therefore it does not have its usual visual impact. When Stone does show that version of the film, he cuts right before frame 313, the head snap, to a shot of Oswald walking in the opposite way. To me, this was a clear subliminal message betraying both the director’s sophistication and his bias.

    The structure of the film is essentially chronological. It begins with the events of November 22nd in Dallas. As recited by Aynesworth, Stone depicts the assassination, the shooting of J. D. Tippit, and Oswald’s apprehension and incarceration. We then watch the shooting of Oswald by Ruby and how this then provoked President Johnson into creating the Warren Commission. There is very little discussion of how the Warren Commission worked or how they arrived at their conclusions. The third movement of the film tells us about the wave of books and articles that were published in the wake of the Commission’s findings. But again, there is very little, if any, enumeration of what was in any of these books. For example, Stone creates a scene in which we look down at a kind of black pit. He then drops several of these books from above the camera and we watch them disappear into this bottomless hole. It’s quite an achievement to drop a monograph as well done as Ray Marcus’ The Bastard Bullet and try and tell the audience by visual metaphor that it means nothing.

    The film then goes to a fourth section, which is on the investigation by New Orleans DA Jim Garrison. If there were any doubts about the director having an agenda, they are quickly dispelled here. The two leading witnesses on the Garrison inquiry are Aynesworth and Epstein. This would be like doing a special on Bill and Hillary Clinton and having as your two chief talking heads Ann Coulter and Christopher Ruddy. But director Stone has no qualms about letting these two men expound at length on the DA, with rather predictable results. Aynesworth brings up the Sodium Pentothal (truth serum) session conducted at Mercy Hospital by Dr. Esmond Fatter with Perry Russo. And he dusts off the old chestnut that was used by his friend James Phelan: by rearranging the sessions in time sequence, he makes it appear that Fatter was leading, even implanting, information in Russo’s mind. The film then heightens this impression by using overexposed photography as a background. Lisa Pease previously exposed this distorting technique at length as used by Phelan. (See Probe Vol. 6 No. 5 p. 26). It was also used by Shaw’s defense team, of which Aynesworth was a full-fledged member, an important fact that the film keeps from the viewer.

    The next swipe the film takes at Garrison is his use of a questionable codebreaking device in one of Shaw’s address books to adduce Jack Ruby’s unlisted phone number. The film milks this for all it is worth — which is not very much — as we see both Epstein and Aynesworth talk about it, along with Lane. What the film leaves out, of course, is that when one is dealing with a complex, labyrinthine crime that has been well-disguised, then blind alleys and faulty hypotheses will naturally be encountered. And eventually discarded, as this eventually was. This particular attack on Garrison highlights the imbalance of the piece. For if one is going to skewer the DA about a faulty theory he eventually abandoned, then why not blister the Warren Commission about several of its dubious findings which it never abandoned? To use just one example: the condition of the magic bullet, CE 399. Why didn’t Stone show the comparison photographs of test bullets in the experiments Dr. Joseph Dolce did and then have him testify that it was impossible to get such a pristine result by shooting the bullet into flesh and bone? Dolce was a true authority in the field with no bias involved. Something that cannot be said about Aynesworth and Epstein.

    I was really saddened to see Stone allow Epstein to characterize the discovery of Clay Shaw through Russo’s characterization of Clem Bertrand as a homosexual. This is just wrong of course, as Garrison first got interested in Shaw through Dean Andrews’ testimony in the Warren Commission. (And Andrews’ testimony interested others such as Lane and Sylvia Meagher.) From this faulty assumption, Stone then goes into a segment that actually tries to characterize the Garrison inquiry as some kind of excuse for homosexual persecution. This is so irresponsible as to border on the malicious. Culminating this reckless and wild sequence, Stone allows Clay Shaw to tell us that Garrison is a character out of Machiavelli: he will utilize any kind of means to achieve his end. The message being that Machiavelli/Garrison would even falsely accuse an unfortunate closet homosexual of being a conspirator.

    And this is where I thought the film really started to break down and dissolve into a slick propaganda piece. For to discuss the Garrison inquiry and leave out what is probably his greatest discovery is ridiculous. I am referring to the address on Oswald’s Fair Play for Cuba flyer: 544 Camp Street. Which of course was the location of rabid right winger Guy Banister’s office. But if you watch the film you eventually understand why the director has to leave this crucial piece of information out. It relates to the ludicrously outdated and one-sided portrait of Oswald. Which is lifted right out of the Warren Report, only slightly moderated by Johnson and Mailer. In this film Oswald is the malcontent Marxist loner who wanted to be a Big Man in History, and strike a blow for the cause. But if Stone would have gone into the whole 544 Camp Street mystery and how it leads Oswald to people like Banister, Kerry Thornley, the Cuban exiles, David Ferrie, Clay Shaw and then later to the Clinton-Jackson incident, then the viewer will have something called cognitive dissonance. In other words, he will have to ask himself: What the heck is a Communist doing with all these nutty CIA guys who want to overthrow Castro? And the viewer might then notice another lacunae in the film: If Oswald was a communist, why has the film not produced any communist comrades who were in a cell with him? Maybe because there weren’t any? Perhaps because Oswald wasn’t a communist at all? Which is precisely what Garrison said in his famous Playboy interview.

    Relating to this last point, there is another interesting methodogical paradox with which Stone closes the section on Garrison. He has Epstein say that the DA ended up not just attacking those who defended the Warren Commission, but he then accused his critics in the press of being involved in a coordinated attack on him. At this point, an honest investigator would have asked Epstein the following questions: 1) Did the CIA distribute any of your articles on Garrison? 2) Did you forward any of your research materials to Clay Shaw’s defense team?, and 3) Were you in contact with any of the other lawyers who were defending witnesses or other suspects in the Garrison inquiry? And if Epstein denied any of this, I could have furnished Stone with documents on camera to contravene the denial. It would have been interesting to listen to Epstein’s response. But of course, with the releases of the ARRB, the very same thing could have been done with Aynseworth and Johnson. Which is probably why Stone ignored those releases. And if you do not tell your audience this about the loyalties of your “authorities” what does this then say about your honesty toward them and your own bona fides in making the film?

    After the hatchet job on Garrison, Stone moves onto Gary Hart and the Church Committee investigation. Hart mentions the CIA coup attempts, the assassination plots against foreign leaders, and the plots to kill Castro. But even here, Stone curtails his portrait of the Church Committee by concentrating on serial liar Judith Exner. And I should also note that this is essentially where the story rather arbitrarily stops. I say arbitrarily because the natural progression — both historically and by cause and effect — should have been from the Church Committee to the House Select Committee on Assassinations. The film never even mentions the HSCA. With Stone’s record, one has to postulate that one reason could have been because that body came to the conclusion that there was a conspiracy in the JFK case.

    The last part of the film essentially does two things: it pontificates about there being no real evidence produced for a cohesive and convincing conspiracy scenario, and it then hammers home the misfit portrayal of the accused assassin Oswald. Epstein does most of the former and, of course, if one ignores all the new evidence, one can get away with such a sleight of hand. But before Epstein made this pronouncement, I would have asked Mr. Stone if he ever read any of the new ARRB releases. If he said no, then I would suggest a new documentary to him based on just four areas of evidence. In order: the Clinton-Jackson incident, Oswald in Mexico City, the ballistics, and the autopsy. With just fifteen minutes on each, one could convincingly show that a) Oswald was being manipulated and impersonated in advance of the assassination b) That the “magic bullet” was never identified by the witnesses who discovered it c) That the bullet-lead evidence used to connect Oswald to the crime is phony, and d) That the Bethesda autopsy hid evidence of a blown out back of the head and multiple shooters.

    I think that would contravene Epstein rather nicely.

    The very end of the film intercuts the Mailer/Johnson triteness about Oswald –actually accusing him of shooting at Edwin Walker and killing Tippit — with people visiting Dealey Plaza and buying pamphlets on the case. The film shows us close-ups of money being exchanged in these transactions. So Stone’s parting shot is that while certain gifted writers (he actually labels Priscilla Johnson an historian) know the truth, there are those who still try and confuse the public about the facts of this case. And since the public does not want to believe a loser like Oswald killed a great hero like Kennedy, the business still goes on. You can only do this of course, if you ignore the evidence. And, as I mentioned above, that is the worst part of this whole enterprise. Oswald’s Ghost wants to take us back to 1970. It is as if the HSCA, JFK, and the ARRB never existed. Which makes me wonder about the people at PBS, which helped make this film for the series The American Experience. In 1993 they gave us the outrageously one sided Frontline special on Oswald, and now this: two Warren Commission carbon copies in 14 years.Yet this is not what PBS is supposed to be about. It is supposed to be about alternatives to network offerings. How can you have a special on the Kennedy case which features Dan Rather and call it an alternative to what the networks are offering? It is not any such thing. It is more of the same under a different, slicker disguise. But that does not make the underlying result any less cheap in its approach or worthless in its value.

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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    The Bullet Evidence in the JFK Case

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

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

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

    Neutron Activation Analysis of Bullet Evidence

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

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

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

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

    Neutron Activation Analysis: Critique

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

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

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

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

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

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

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

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

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

    Warren Commission Exhibit #399 and the Kennedy case

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

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

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

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

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

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

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

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

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

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

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

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

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

    GA: “Right.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Stringer: “In the back.”

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

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

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

    Stringer: “Yes, in the back part.”

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

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

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

    Stringer: “Yes, sure.”

    Lifton: “The top front was intact?”

    Stringer: “Right.”

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

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

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

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

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

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

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

     


    End Notes

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

    2. IBID, xv.

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

    4. IBID, xvi.

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

    6. Bugliosi, 1449.

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

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

    9. . Bugliosi, p. 906 – 907.

    10. Bugliosi, p. 926.

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

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

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

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

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

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

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

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

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

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

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

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

    23. Bugliosi, p. 814.

    24. IBID.

    25. IBID.

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

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

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

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

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

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

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

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

    28. Bugliosi, endnote, p. 435.

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

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

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

    32. IBID.

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

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

    35. Bugliosi, endnote, p. 438.

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

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

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

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

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

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

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

    43. Bugliosi, endnote, p. 545.

    44. Bugliosi, p. 84.

    45. Bugliosi, xxxix.

    46. Bugliosi, p. 385.

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

    48. Bugliosi, p. 403, footnote.

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

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

    51. Bugliosi, p. 409.

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

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

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

    55. Bugliosi, p. 410.

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

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

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

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

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

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

    61. Bugliosi, Introduction, p. xxxvii.

    62. Bugliosi, Introduction, p. xxxviii.

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

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

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

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

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


    I

    “Vincent Bugliosi is working on a book, in which he plans to evaluate the most important issues in the JFK case.”

    No, this was not a publisher’s coming attraction blurb posted last book season on Amazon.com. Rather, it was the lead item in Paul Hoch’s newsletter, Echoes of Conspiracy, from October 16, 1987! Twenty years later, famed Manson gang prosecutor Bugliosi and publisher W.W. Norton have delivered a massive, oversized tome. And what it lacks in new (or old) persuasive material it makes up for in sarcasm, invective, and ad hominem attacks directed at critics of the Warren Commission’s findings.

    It may seem unusual to employ Bugliosi’s name in the same vein as Shakespeare’s, but amidst all of his bluster and bombast this reviewer was ultimately reminded of the line from Act 5 of Macbeth. To paraphrase: Reclaiming History is “full of sound and fury, signifying nothing.”

    To trace the genesis of this work one has to go back to a mock trial of Lee Harvey Oswald sponsored by London Weekend Television over the course of three days in late July of 1986. Copious hours of footage were edited down to four hours and broadcast in 2-hour installments over two consecutive nights on November 21 and 22, 1986 on the Showtime cable channel. (It was broadcast in England and other European countries as well). Bugliosi was selected as the “prosecutor” and Oswald was represented posthumously by noted attorney Gerry Spence. Actual witnesses were called to the stand and the overall production was fairly noteworthy. As one who videotaped the program and watched it several times later, I came away from it feeling Gerry Spence was ill-prepared. (Bugliosi goes to great lengths in his book to dispel this, noting all of the time and resources Spence spent on the case). After deliberating for a day, the mock jury returned a verdict of guilty. As much as Bugliosi likes to remind his audience of this fact in both the book and interviews, he obviously views this as quite the feather in his cap. And he should. For just after the trial, Bugliosi signed a contract with Norton and received a generous advance (rumor has put it as high a $1,000,000) to write about the trial and the case in general. Indeed Bugliosi writes in his introduction that he commenced work on the book following the trial in 1986, bringing the tally on his time card for the project up to 21 years.

    II

    Flash forward several years from the trial and Bugliosi still hasn’t delivered a book. In the intervening years however numerous events have transpired, not the least of which was Oliver Stone’s 1991 film, JFK. Stone’s film electrified audiences with its pro-conspiracy slant and led to the formation of the temporary government body, the Assassination Records and Review Board. After the ARRB closed its doors in 1998, some six million pages of documents had been disgorged from various government agencies and private citizens and placed in the National Archives. Bugliosi, whose mandate was to cover all aspects of the JFK case, now had a daunting task on his hand. Indeed, in the August 18, 1998 edition of the New York Post they announced that “Bugliosi’s Final Verdict Delayed.” (The book’s original title was Final Verdict: The Simple Truth on the Killing of John F. Kennedy). Quoting a spokeswoman for Norton, the article acknowledged that, “Vincent asked for more time with the manuscript and people felt that this was not a book that they wanted to rush into print … It was in the fall (’98) catalog – so we must have thought in April that it was realistic for publication this year.” According to the Post “the book will now be bumped to the spring of 1999.” (Bugliosi was only eight years late). Now, at the 11th hour the tireless senior citizen doggedly combed through the archives, interviewed numerous witnesses, kept up on all of the assassination literature and began writing his magnum opus. (Actually the low-tech Bugliosi dictated his manuscript into a Dictaphone and had a dictation secretary type up his work. Bugliosi would then handwrite edits and inserts on yellow legal paper for further typing). All of this while churning out 3 other books!

    III

    What was ultimately delivered was a bloated, padded defense of the indefensible: the single bullet theory and the other conclusions of the Warren Commission. The book totals 1,612 oversized pages and weighs in at a whopping 5+ pounds. On top of that, it includes a CD-ROM which contains an additional 1,128 pages of source notes and endnotes, requiring the reader to have a computer by his side. (something that apparently Bugliosi doesn’t even have). Indeed, Bugliosi admits that if he had followed standard publishing conventions his work would have totaled 13 volumes!

    What strikes one most upon reading Bugliosi’s work is the amount of ad hominem attacks he launches at the JFK research community. Few are spared Bugliosi’s vitriol. Most are referred to as “zanies” (Bugliosi’s favorite. It’s even used in a chapter title).The Chief Military Analyst for the ARRB is called “insane,” “obscenely irresponsible”, “harebrained” and his theories “mad.” Joachim Joesten, an early critic, is a “communist”. Colonel Fletcher Prouty is a “wacky, right-winger.” Mark Lane – a “left-winger.”

    “Conspiracy theorist” is Bugliosi’s term of choice for JFK researchers and in Bugliosi’s hands it is a pejorative. It is tossed about in the same manner that “commie” and “pinko” were some fifty and sixty years ago.

    Indeed, the most troubling aspect of Bugliosi’s name-calling campaign is the amount of red-baiting in the book. As if stuck in a time warp, Bugliosi trots out such fractured tidbits as “Mark Lane was the slickest and most voluble of the early left-wing group of writers, and the KGB (per copies of documents from KGB files spirited out of Russia by a KGB defector in 1992) even contributed two thousand dollars, through an intermediary whose association with the KGB Lane was probably unaware of, to Lane’s efforts.” Bugliosi devotes a whole chapter to his Lane bashing.

    Bugliosi further smears Lane (as well as Harold Weisberg) by quoting Johann Rush who accuses Lane and Weisberg as being “leftists sympathetic to Marxist ideology.” Bugliosi quotes Rush throughout his book and Rush’s anti-communist screeds make INCA’s Ed Butler sound like FDR. Bugliosi even uses Rush as an “expert” commentator on the acoustic evidence. Right about now the reader may be asking: “Who is Johann Rush?” Well, Bugliosi’s political and scientific expert is the WDSU cameraman who filmed Oswald’s 1963 pamphleteering mission in front of the New Orleans International Trade Mart! As for Joachim Joesten, without a bit of shame Bugliosi presents Joesten’s Gestapo file, intelligence prepared by the Nazi’s, as proof of his communist leanings. (The file was originally requested of the CIA by the Warren Commission as a means of countering Joesten’s early criticism of the lone assassin theory. The CIA was only too happy to oblige in the smear job as evidenced by the comments written by a CIA official on the routing slip; “Let’s really stick it to him!”

    Even this author’s modest effort in the field (Let Justice Be Done) gets a trip to Bugliosi’s wood shed and a look at how he treats my work may give some insight on how he deals with others in the field as well.

    On page 980 of the main text he writes; “Conspiracy author William Davy, who believes Clay Shaw was involved in Kennedy’s assassination, writes, “Curiously, both Somoza and Juan Peron were patients and friends of Shaw’s close associate, Dr. Alton Ochsner … Ochsner is best known for his association with Ed Butler and the Information Council of the Americas, or INCA … INCA was composed of several members of the New Orleans elite. These included … Eustis and William B. Reily. The Reily family owned William B. Reily & Co., makes of Luzianne coffee. It was at Reily’s where Oswald found work as a machine greaser in the summer of 1963″”

    It’s important to note the dots between the sentences in Bugliosi’s presentation above, because what he has done is quote my work from 3 different pages and 2 distinct chapters, separated by 117 pages and then presents it as a seamless narrative. Of course, you would have to check his endnote, inconveniently located on the CD-ROM, as well as my book, to verify this. At numerous points in his book, Bugliosi takes the critics to task for just this kind of conduct.

    Further distortion of the record is on page 824 of the notes section, where Bugliosi writes that, “Conspiracy author William Davy suspects [Leslie Norman] Bradley of possibly being involved in the assassination because on August 21, 1966, a Houston man named S. M. Kauffroth wrote the FBI office in Houston and said that Bradley had told him on November 24, 1963,that after being released from the Cuban prison in May of 1963 it was tough to survive financially but that Clay Shaw was “helping us.””

    I defy any reader of my book to find a passage where I insinuate, imply or anywhere state that Bradley was involved in the assassination. I quote only what is in the FBI document that Bugliosi notes above.

    Bugliosi keeps his dismal track record intact when he states that I wrote that Permindex is a “CIA front.” He then cites pages 95 and 98 of my book. However, on page 95, the CIA isn’t even mentioned and on page 98 it is mentioned only in the context of a quote in the Italian newspapers as to that possibility.

    I could go on, but I’m sure the reader gets the point. One last thing though is his attempted smear of me with guilt by association. On page 543 he writes that Judyth Baker’s allegations of her affair with Oswald and other New Orleans intrigues “looks like any other conspiracy book that could have been written by, well, Harrison Livingstone, or Robert Groden, or Jim Garrison, or William Davy, with all the allegations of conspiracy one would expect to find in these books.” At no point have I ever endorsed (publicly or privately) or even written about Ms. Baker’s Harlequin Romance version of events in New Orleans.

    At this point one has to wonder if Bugliosi even fully read my book.

    IV

    Of course the mainstream media response to all of this can be summarized in one word: predictable. Ever since their rush to judgment in endorsing the Warren Report in 1964, they have been looking for a redeemer to pull their bacon out of the credibility fire. The New York Times, The L.A. Times, The Washington Post and many of the cable news outlets have practically tripped over themselves in their ardent endorsements. The Washington Post teased its readers with a blurb on the cover to their Book World magazine that read: JFK’s Murder Solved. Inside, the review was headlined, “Goodbye, Grassy Knoll”. The adoration was heaped on by reviewer Alan Wolfe who, like Bugliosi, couldn’t resist the name calling: Mark Lane is overweening and paranoid, Oliver Stone is irresponsible.

    However, The Post’s review was bush league compared to The New York Times reviewer who urged that anyone who believes in conspiracies should be marginalized, ridiculed and shunned, “the way we do smokers.” The remarks were so strident that it provoked a response in the form of a letter to the editor signed by author Norman Mailer, and journalists David Talbot, Jefferson Morley and Anthony Summers.

    The media love fest seemed to have played itself out early and the book would probably have died the ignominious death it so richly deserves except Forest Gump came to the rescue. Shortly after the book was released Variety announced:

    “HBO is near a deal with Playtone that will turn Vincent Bugliosi’s 1,632-page book “Reclaiming History: The Assassination of President John F. Kennedy” into a miniseries.

    Ten-parter will debunk long-held conspiracy theories and establish that assassin Lee Harvey Oswald acted alone.

    HBO is wrapping up a deal to finance and air the mini, which will depict Oswald’s journey to becoming an assassin and his subsequent murder on live TV by Jack Ruby.

    Playtone’s Tom Hanks and Gary Goetzman will exec produce along with their “Big Love” star Bill Paxton.

    The network will make a companion documentary special, with Bugliosi addressing myriad conspiracy theories, including those involving the Mafia, the KGB or Fidel Castro in JFK’s assassination.

    Project was hatched after Hanks, Paxton and Goetzman had a conversation about the shooting. They decided to look at Bugliosi’s book, published last month by W.W. Norton, as the basis for a possible project.

    “I totally believed there was a conspiracy, but after you read the book, you are almost embarrassed that you ever believed it,” Goetzman said. “To think that guys who grew up in the ’60s would make a miniseries supporting the idea that Oswald acted alone is something I certainly wouldn’t have predicted. But time and evidence can change the way we view things.”

    “Many more people will see the miniseries than will read the book,” Bugliosi told Daily Variety. “With the integrity that Tom, Gary and Bill bring, I think that we will finally be able to make a substantial dent in the 75% of people in this country who still believe the conspiracy theorists.”

    With statements like Mr. Goetzman’s, one doubts if Goetzman, Hanks and Paxton really read Bugliosi’s 2,740 pages or any of the critical literature released prior, or subsequent, to Reclaimimg History – especially within a month’s time. (For an example of a book that would make for a much more compelling dramatic narrative, the aforementioned should check out David Talbot’s Brothers.)

    If the readers find HBO’s position as offensive as I do, try cancelling your subscription to their service and let the VPs of the network and Mr. Hanks’ representatives know of your displeasure. It’s your history. Reclaim it.

  • Vincent Bugliosi, Reclaiming History: Besmirching History

    Vincent Bugliosi, Reclaiming History: Besmirching History


    Besmirching History: Vincent Bugliosi Assassinates Kennedy Again

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

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

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

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

     

     

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

     

     

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

     

     

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

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

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

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


    Citations

     

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

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

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

  • The Kennedy Assassination: Was There a Conspiracy?


    from Time magazine


    David Talbot

    YES
    On Friday, Nov. 22, 1963, Robert F. Kennedy — J.F.K.’s younger brother, Attorney General and devoted watchman — was eating lunch at Hickory Hill, his Virginia home, when he got the news from Dallas. It was his archenemy, FBI chief J. Edgar Hoover, of all people, who phoned to tell him. “The President’s been shot,” Hoover curtly said. Bobby later recalled, “I think he told me with pleasure.”

    For the rest of the day and night, Bobby Kennedy would wrestle with his howling grief while using whatever power was still left him to figure out what really happened in Dallas — before the new Administration settled firmly into place under the command of another political enemy, Lyndon Johnson. While the Attorney General’s aides summoned federal Marshals to surround R.F.K.’s estate (they no longer trusted the Secret Service or the FBI) — uncertain of whether the President’s brother would be the next target — Bobby feverishly gathered information. He worked the phones at Hickory Hill, talking to people who had been in the presidential motorcade; he conferred with a succession of government officials and aides while waiting for Air Force One to return with the body of his brother; he accompanied his brother’s remains to the autopsy at Bethesda Naval Hospital, where he took steps to take control of medical evidence, including the President’s brain; and he stayed coiled and awake in the White House until early the next morning. Lit up with the clarity of shock, the electricity of adrenaline, he constructed the outlines of the crime. Bobby Kennedy would become America’s first J.F.K. assassination-conspiracy theorist.

    The President’s brother quickly concluded that Lee Harvey Oswald, the accused assassin, had not acted alone. And Bobby immediately suspected the CIA’s secret war on Fidel Castro as the source of the plot. At his home that Friday afternoon, Bobby confronted CIA Director John McCone, asking him point-blank whether the agency had killed J.F.K. (McCone denied it.) Later, R.F.K. ordered aides to explore a possible Mafia connection to the crime. And in a revealing phone conversation with Harry Ruiz-Williams, a trusted friend in the anti-Castro movement, Kennedy said bluntly, “One of your guys did it.” Though the CIA and the FBI were already working strenuously to portray Oswald as a communist agent, Bobby Kennedy rejected this view. Instead, he concluded Oswald was a member of the shadowy operation that was seeking to overthrow Castro.

    Bobby knew that a dark alliance — the CIA, the Mafia and militant Cuban exiles — had formed to assassinate Castro and force a regime change in Havana. That’s because President Kennedy had given his brother the Cuban portfolio after the CIA’s Bay of Pigs fiasco. But Bobby, who would begin some days by dropping by the CIA’s headquarters in Langley, Va., on his way to the Justice Department, never managed to get fully in control of the agency’s sprawling, covert war on Castro. Now, he suspected, this underground world — where J.F.K. was despised for betraying the anti-Castro cause — had spawned his brother’s assassination.

    As Kennedy slowly emerged from his torment over Dallas and resumed an active role in public life — running for U.S. Senator from New York in 1964 and then President in 1968 — he secretly investigated his brother’s assassination. He traveled to Mexico City, where he gathered information about Oswald’s mysterious trip there before Dallas. He met with conspiracy researcher Penn Jones Jr., a crusading Texas newspaperman, in his Senate office. He returned to the Justice Department with his ace investigator Walter Sheridan to paw through old files. He dispatched trusted associates to New Orleans to report to him on prosecutor Jim Garrison’s controversial reopening of the case. Kennedy told confidants that he himself would reopen the investigation into the assassination if he won the presidency, believing it would take the full powers of the office to do so. As Kennedy adviser Arthur Schlesinger Jr. once observed, no one of his era knew more than Bobby about “the underground streams through which so much of the actuality of American power darkly coursed: the FBI, CIA, the racketeering unions and the Mob.” But when it came to his brother’s murder, Bobby never got a chance to prove his case.


    Vincent Bugliosi

    NO
    I have found there are 32 separate reasons for concluding there was no conspiracy. Here are just a few of them:

    After 44 years of investigation by thousands of researchers, not one speck of credible evidence has ever surfaced that groups such as the CIA, organized crime or the military-industrial complex were behind the assassination, only that they each had a motive. And when there is no evidence of guilt, that fact, by itself, is very strong evidence of innocence. Moreover, the very thought of members of the military-industrial complex (Joint Chiefs of Staff, captains of industry) or the CIA or organized crime actually plotting to murder the President of the U.S. is surreal, the type of thing that only belongs, if at all, in a Robert Ludlum novel.

    I have found 53 pieces of evidence that point irresistibly to Lee Harvey Oswald’s guilt. For example, the murder weapon was Oswald’s; he was the only employee who fled the Texas School Book Depository after the shooting in Dealey Plaza; 45 min. later, he killed Dallas police officer J.D. Tippit; 30 min. after that, he resisted arrest and pulled his gun on the arresting officer.

    What’s more, during his interrogation, Oswald’s efforts to construct a defense — which included denying that he owned the rifle in question (or any rifle at all) — turned out to be a string of provable lies, all of which show an unmistakable consciousness of guilt. Only in a fantasy world can you have 53 pieces of evidence against you and still be innocent. Conspiracy theorists are stuck with this reality.

    Even assuming that the CIA or Mob or military-industrial complex decided “Let’s murder President Kennedy,” Oswald would be among the last people in the world those organizations would choose for the job. Oswald was not an expert shot and owned only a $12 mail-order rifle — both of which automatically disqualify him as a hit man. He was also a notoriously unreliable and emotionally unstable misfit who tried to commit suicide by slashing his wrists when the Soviets denied him the citizenship he sought. If the Mafia leaders, for instance, decided to kill the President of the U.S. — an act that would result in a retaliation against them of unprecedented proportions if they were discovered to be behind it — wouldn’t they use a very professional, tight-lipped assassin who had a successful track record with them, someone in whom they had the highest confidence? Would they rely on someone like Oswald to commit the biggest murder in American history?

    But let’s assume, just for the sake of argument, that the CIA or Mob decided to kill Kennedy and also decided that Oswald should do the job. It still doesn’t make any sense. After Oswald shot Kennedy and left the book depository, one of two things would have happened, the less likely of which is that a car would have been waiting for him to help him escape down to Mexico or wherever.

    The conspirators certainly wouldn’t want their killer to be apprehended and interrogated by the authorities. But the more likely thing by far is that the car would have driven Oswald to his death. Instead, we know that Oswald was out on the street with $13 in his pockets, attempting to flag down buses and cabs. What does that fact, alone, tell you?

    Three people can keep a secret but only if two are dead. Yet we are asked to believe that in 44 years, not one word of the vast alleged conspiracy, not one syllable, has ever leaked out. Additionally, the motorcade route in Dallas, which took the President right beneath Oswald’s window, wasn’t even selected until Nov. 18, just four days before the assassination. Surely no rational person can believe a group like the CIA or the Mob would hatch its conspiracy with Oswald to kill Kennedy within only four days of the President’s trip to Dallas.

    To this day, the overwhelming majority of the American people (75%) have bought into the conspiracy idea. Their reasons vary widely: general mistrust of government; the desire to imbue Kennedy’s death with deeper meaning than a random act of violence or a simple relish for intrigue. Despite the total lack of evidence, the story of a J.F.K. assassination conspiracy has captivated the nation for the past half-century and is likely to do so for many years to come.

  • Letter to the Editor re: Bryan Burrough’s review of Reclaiming History


    from The New York Times


    June 17, 2007

    J.F.K.

    To the Editor:

    Bryan Burrough’s laudatory review of Vincent Bugliosi’s book on the Kennedy assassination (May 20) is superficial and gratuitously insulting. “Conspiracy theorists” — blithe generalization — should according to Burroughs be “ridiculed, even shunned … marginalized the way we’ve marginalized smokers.” Let’s see now. The following people to one degree or another suspected that President Kennedy was killed as the result of a conspiracy, and said so either publicly or privately: Presidents Lyndon Johnson and Richard Nixon; Attorney General Robert Kennedy; John Kennedy’s widow, Jackie; his special adviser dealing with Cuba at the United Nations, William Attwood; F.B.I. director J. Edgar Hoover (!); Senators Richard Russell (a Warren Commission member), and Richard Schweiker and Gary Hart (both of the Senate Intelligence Committee); seven of the eight congressmen on the House Assassinations Committee and its chief counsel, G. Robert Blakey; the Kennedy associates Joe Dolan, Fred Dutton, Richard Goodwin, Pete Hamill, Frank Mankiewicz, Larry O’Brien, Kenneth O’Donnell and Walter Sheridan; the Secret Service agent Roy Kellerman, who rode with the president in the limousine; the presidential physician, Dr. George Burkley; Mayor Richard Daley of Chicago; Frank Sinatra; and the “60 Minutes” producer Don Hewitt. All of the above, à la Burrough, were idiots.

    Not so, of course. Most of them were close to the events and people concerned, and some had privileged access to evidence and intelligence that threw doubt on the “lone assassin” version. That doubt remains today. Bugliosi himself this year joined us, Don DeLillo, Gerald Posner, Robert Blakey and two dozen other writers on the assassination in signing an open letter that appeared in the March 15 issue of The New York Review of Books. The letter focused on a specific unresolved lead, the discovery that a highly regarded C.I.A. officer named George Joannides was in 1963 running an anti-Castro exile group that had a series of encounters with Oswald shortly before the assassination.

    This is obviously pertinent, yet the C.I.A. hid the fact from four J.F.K. investigations. Since 1998, when the agency did reluctantly disclose the merest outline of what Joannides was up to, it has energetically stonewalled a Freedom of Information suit to obtain the details of its officer’s activities. Here we are in 2007, 15 years after Congress unanimously approved the J.F.K. Assassination Records Act mandating the “immediate” release of all assassination-related records, and the C.I.A. is claiming in federal court that it has the right not to do so.

    And now your reviewer, Burrough, seems to lump together all those who question the official story as marginal fools. Burrough’s close-minded stance should be unacceptable to every historian and journalist worthy of the name — especially at a time when a federal agency is striving vigorously to suppress very relevant information.

    Jefferson Morley
    Washington

    Norman Mailer
    Provincetown, Mass.

    Anthony Summers
    Waterford, Ireland

    David Talbot
    San Francisco

  • HBO, Playtone plan JFK miniseries: Hanks, Paxton set to produce “History”

    HBO, Playtone plan JFK miniseries: Hanks, Paxton set to produce “History”


    By Michael Fleming, Variety Magazine


    HBO is near a deal with Playtone that will turn Vincent Bugliosi’s 1,632-page book “Reclaiming History: The Assassination of President John F. Kennedy” into a miniseries.

    Ten-parter will debunk long-held conspiracy theories and establish that assassin Lee Harvey Oswald acted alone.

    HBO is wrapping up a deal to finance and air the mini, which will depict Oswald’s journey to becoming an assassin and his subsequent murder on live TV by Jack Ruby.

    the guys
    L-R: Hanks, Paxton and Goetzman

    Playtone’s Tom Hanks and Gary Goetzman will exec produce along with their “Big Love” star Bill Paxton.

    The network will make a companion documentary special, with Bugliosi addressing myriad conspiracy theories, including those involving the Mafia, the KGB or Fidel Castro in JFK’s assassination.

    Project was hatched after Hanks, Paxton and Goetzman had a conversation about the shooting. They decided to look at Bugliosi’s book, published last month by W.W. Norton, as the basis for a possible project.

    “I totally believed there was a conspiracy, but after you read the book, you are almost embarrassed that you ever believed it,” Goetzman said. “To think that guys who grew up in the ’60s would make a miniseries supporting the idea that Oswald acted alone is something I certainly wouldn’t have predicted. But time and evidence can change the way we view things.”

    Bugliosi, who prosecuted Charles Manson and wrote the book “Helter Skelter,” was moved to write “Reclaiming History” after prosecuting a mock trial of Oswald for a British TV special. He walked away feeling the Warren Commission got it right and then spent the next two decades gathering evidence to prove it.

    “Many more people will see the miniseries than will read the book,” Bugliosi told Daily Variety. “With the integrity that Tom, Gary and Bill bring, I think that we will finally be able to make a substantial dent in the 75% of people in this country who still believe the conspiracy theorists.”

    Project comes along as Playtone nears a wrap on the seven-part HBO miniseries “John Adams” and preps for an Aug. 27 production start in Melbourne on “The Pacific,” the 10-part WWII mini for HBO that Hanks and Goetzman are exec producing with Steven Spielberg. The Playtone-produced series “Big Love” begins its second season on HBO this Monday.

    Playtone is in the early stages of developing as a series the Jeffrey Eugenides’ “Middlesex,” the novel about a 41-year-old hermaphrodite that just became the latest choice of the Oprah Book Club.

    Bugliosi’s deal was made by PMA Literary’s Peter Miller.


    See the original article here.

     

     

     

     

     

     

     

     

     

  • Vincent Bugliosi, Reclaiming History


    Epic book resurrects finding that Oswald acted alone in killing JFK

    Bugliosi picks only the evidence that backs his argument


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Little light shed

    Does Bugliosi offer anything new? Not much.

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Hugh Aynesworth Never Quits


    If you do a search of this web site on the name “Hugh Aynesworth,” you will come up with several matches. None of them are complimentary. Probe magazine did a lot of work on Mr. Aynesworth. We discovered that in regards to the JFK case, to call him a “journalist” was, to be kind, rather stretching the term. As Bill Davy notes in his book Let Justice be Done, even journalists in New Orleans covering the Jim Garrison inquiry questioned his practices (and also those of his friend and partner, the late James Phelan).

    Well, it appears that Hugh Aynesworth is still carrying a torch for Clay Shaw. At a time of life when he could be enjoying retirement, the 75-year-old Aynesworth is believed to be the principal source for a screenplay centering on Jim Garrison’s investigation. The screenplay is now being shopped around Hollywood. But unlike Oliver Stone’s 1991 blockbuster JFK, this version of events portrays Clay Shaw in a favorable light.

    The screenplay was written by one Jim Piddock, a writer and actor who is apparently a babe in the woods on the JFK case. He actually takes Aynesworth seriously. Well, worse than seriously. He trots out this golden oldie: that Aynesworth and a few other intrepid reporters protected the world from the deluded Garrison and helped save the saintly Clay Shaw. (Yawn.)

    Just how under the spell of Aynesworth is Jim Piddock? Piddock calls Oliver Stone’s film “entirely fictional” and a piece of “nonsense.” He actually quotes Aynesworth as saying: “Well, at least Stone got two things right about Kennedy’s death: the time and the date.” There’s an objective source.

    Piddock states that the Garrison case against Shaw has parallels with today. These parallels are “in terms of the abuse of power after a national tragedy and the manipulation of the public by powerful but unscrupulous and corrupt men…” Yeah Jim, just look at the guy you’re talking to.

    When Oliver Stone’s JFK came out, Aynesworth went on one of his patented mini-rampages. He was on one of the news networks claiming that he saw Garrison bribing someone. (The reporter didn’t bother to ask: Who was it and for what purpose?) And he wrote a series of articles that appeared in some Texas newspapers basically recycling a lot of the anti-Garrison propaganda that he had originated years before. Clearly, the Stone film disturbed him since Garrison was allowed to make a lot of his case to the public directly, without Aynesworth and Phelan et al biting him in the back.

    None of Aynesworth’s antics in the early 1990s were much different from his assassination work in the 1960s. In 1964 he wrote a hatchet job review of Joachim Joesten’s Oswald: Assassin or Fall Guy?, one of the very first books on the Kennedy assassination. “If you would listen to [Joesten],” Aynesworth sneered, “he would have you thinking that Lee Harvey Oswald was a polite little misunderstood youth who just got mixed up in the wrong company … It’s the same old tripe with some new flavoring.” And in a notorious May 1967 Newsweek article, Aynesworth called Jim Garrison’s investigation “a plot of Garrison’s own making.” He alleged the New Orleans DA offered a witness $3,000 “if only he would ‘fill in the facts’ of the alleged meeting to plot the death of the President.”

    Jim Garrison himself said Aynesworth “seemed a gentle and fair enough man” when Aynesworth interviewed him. But the DA found out different. “As for the $3,000 bribe, by the time I came across Aynesworth’s revelation, the witness our office had supposedly offered it to, Alvin Beaubeouff, had admitted to us it never happened.” If the Newsweek article was typical of Aynesworth’s work, Garrison observed, then it was hard to undertand how he kept getting his stuff published.

    With the work of the Assassination Records Review Board, many more pages of documents have been released showing how tightly bound Aynesworth was with the intelligence community. It has been demonstrated that Aynesworth was — at the minimum — working with the Dallas Police, Shaw’s defense team, and the FBI. He was also an informant to the White House, and had once applied for work with the CIA. As I have noted elsewhere, in the annals of this case, I can think of no “reporter” who had such extensive contacts with those trying to cover up the facts in the JFK case. And only two come close: Edward Epstein and Gerald Posner.

    Whatever Hugh Aynesworth and Jim Piddock might say, it is important to remember the simple fact that Clay Shaw committed perjury. He lied to his own defense counsel in open court about his supposed non-relationship to the CIA. And he lied twice in a 1967 interview with the CBC’s Gordon Donaldson. Donaldson asked Shaw if he ever worked for the CIA and whether he had an affiliation with that agency. To the first question Shaw answered: “No.” To the second question Shaw replied: “None whatsoever.” We know better today.

    Jim Piddock has been involved in some of the worst movies put out by Hollywood of late — which is saying a lot. But take a look, if you can, at things like The Man and An Alan Smithee Film. Piddock says that he knows that films like his Garrison/Shaw opus are not easy to get made. Let’s hope that with his track record — and his sources — it doesn’t. What the world needs now is anything but more Hugh Ayesworth.


    Read some more about Piddock’s project.

    Read some more about Hugh Aynesworth.