Jim Marrs and Robert Groden with Len Osanic at BlackOpRadio
Tag: WARREN DEFENDERS
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Gary Mack dies at 68
by William Grimes
At: NYT – Listen also to Jim Marrs and Robert Groden on Len Osanic: The Two Faces of Gary Mack
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My Interviews With David Slawson
by John Titus
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Vincent Bugliosi dies at 80
by Jack Noyes and Kelly LeGoff
At: NBC Los Angeles
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Ayton, Mel and David Von Pein, Beyond Reasonable Doubt
I can honestly say that Beyond Reasonable Doubt fully lived up to my expectations. I expected that authors Mel Ayton and David Von Pein would add nothing to our understanding of the assassination of President Kennedy, and that is precisely what they did. I expected they would regurgitate the same tired old arguments and trot out the usual roster of long-discredited witnesses, and they did just that. And I expected that they would pontificate on the evils of “conspiracy theorists” at every available opportunity and, lo and behold!, they did.
Beyond Reasonable Doubt is a standard format lone nut book, cut from the same cloth as Reclaiming History, Case Closed, and Conspiracy of One. It spends half its time trying desperately to convince readers that the Warren Commission was right all along and the other half-blaming conspiracy theorists for the confusion. Von Pein suggests in the book’s preface that for the last fifty years JFK’s murder has been “falsely shrouded in mystery” and those pesky conspiracy theorists are to blame. Which is ridiculous. Conspiracy theorists are not to blame for the Dallas Police Department’s mishandling of both its suspect and the physical evidence against him. Nor are they responsible for J. Edgar Hoover’s rush to judgement and his decision to limit the FBI’s investigation to Lee Harvey Oswald. It was not the conspiracy theorists who illegally removed Kennedy’s body from Dallas so that it could be flown to a military hospital where under-qualified and inexperienced pathologists bungled the autopsy. And no mere conspiracy theorist is accountable for crucial autopsy photos, X-rays and even the President’s brain being surreptitiously removed from the archive never to be seen again. The sad truth is that every confusion at the core of this case was created by those in officialdom who failed or refused to conduct a proper investigation and chose instead to cover their own butts whilst papering over the holes in the case against Oswald.
To be fair to the authors, it is true that a good number of conspiracy theorists have, as Von Pein puts it, “twisted and misrepresented the evidence” in the Kennedy case. But the exact same thing is true of Warren Commission apologists. For example, in 1993, Case Closed author Gerald Posner appeared before a congressional subcommittee claiming that he had interviewed Kennedy’s autopsy doctors, Dr. James J. Humes and Dr. J. Thornton Boswell, who told him they had changed their minds about the location of the entrance wound in the back of JFK’s skull. They now agreed, Posner claimed, that the bullet wound was 10 centimeters higher than stated in their autopsy report and he promised to provide congress with a tape recording of these interviews. But the tape never materialized. Consequently, researcher Dr. Gary Aguilar telephoned Humes and Boswell and was surprised to discover that not only did both doctors deny telling Posner any such thing, but Boswell was adamant that he had never been interviewed by Posner at all. And he was not the only individual to make this complaint. In his book, Posner cited personal interviews with others; including James Tague and Marina Oswald; who said that they too had never even spoken to him. Of course, none of this stops Ayton and Von Pein frequently citing Posner’s book, calling it a “well-written account of the assassination.”
Beginning with the Warren Commission who, as historian Gerald McKnight put it, “went through the motions of an investigation that was little more than an improvised exercise in public relations,” (Breach of Trust, p. 361) the twisting and misrepresenting of evidence in the Kennedy assassination has been carried out by those with an agenda. And Ayton and Von Pein have such a massive agenda that they manage to one-up the Commission by making not even a pretense of objectivity. The authors shamelessly omit important facts contradicting their position whilst promoting any scrap of information that appears to support it without giving consideration to the reliability of its source. As such, they happily rely not only upon disgraced authors like the aforementioned perjurer Gerald Posner, but also on the likes of Priscilla Johnson McMillan, whom the CIA describes as a “witting collaborator,” and Max Holland; recipient of the Agency’s “Studies in Intelligence” award. In light of the fact that internal documents have shown that as far back as 1967 the CIA has committed itself to employing “propaganda assets to answer and refute” critics of the Warren Report, no objective scholar would overlook these relationships.
Of course, Ayton and Von Pein have little choice but to rely on dubious sources because if they were to employ a more rigorous standard they would not be able to write a book like Beyond Reasonable Doubt. For as we shall see, the lone gunman theory is simply not in accord with the evidence and, no matter how “damning” they may want you to believe it is, the case against Oswald cannot survive scrutiny.
I
As is obvious from the title of their book, Ayton and Von Pein want you to believe that there is no “reasonable doubt” about Lee Harvey Oswald’s sole guilt in the assassination. The authors even treat us to their (very unusual) definition of the term, writing that “If the preponderance of evidence points to the guilt of the accused, it is not reasonable to say a particular anomalous piece of evidence shows innocence. Even when more than one anomaly arises, as it certainly does with respect to the JFK assassination, it is still not ‘reasonable’ to assume innocence if the preponderance of evidence shows guilt.” (p. 118)
Why is this so unusual? Because the above is not the legal definition of the term as used in American criminal courts. The legal definition of beyond reasonable doubt in that venue is that 12 reasonable jurors have no doubt as to the defendant’s guilt; they are convinced to a moral certainty that the accused committed the crime. If they do have doubt, they are not reasonable doubts. Which means that, during the deliberations, the one or two people who were reserving judgment had their doubts washed away by the other 10 or 11 jurors’ arguments. Another way of explaining it is this: the prosecutor has judiciously, methodically and conclusively closed off all other avenues of possible explication to the defense. The crime could have happened no other way. It is the most stringent standard in American jurisprudence. That is because a man’s life or liberty is at stake. The second most stringent standard is, “by clear and convincing evidence.” That standard is used in many administrative hearings, such as those by the ABA to disbar an attorney. The standard the authors quote above is actually the lowest standard and is used in most civil courts. It is very hard to believe the writers do not understand the difference. Ayton is from the UK, but Von Pein is an American. Yet, at least the book editor should have pointed out this serious discrepancy which, in and of itself, mitigates the portentousness of the title. This reversal reduces the book to a utilitarian, not a fact finding or judicial inquiry. In other words, because of the Ayton/Von Pein switcheroo, the many serious evidentiary issues repeatedly highlighted by critics over the last fifty years do not amount to reasonable doubt. Needless to say, actual legal experts; lawyers who understand the different standards and why they are used; would feel differently.
For example, General Counsel for the Assassination Records Review Board (ARRB), Jeremy Gunn, said recently, “If we actually ask the question was Oswald guilty beyond a reasonable doubt…I am convinced that Oswald would have been found not guilty beyond a reasonable doubt. To me there is just no question he is not guilty beyond a reasonable doubt.” Former prosecutor, and Deputy Chief Counsel for the House Select Committee on Assassinations (HSCA), Robert Tanenbaum, agrees. As he stated during a lecture in 2013, “I can tell you from my experiences having tried several hundred cases to verdict, and being responsible for thousands of cases as head of the criminal courts, and running the homicide bureau, that I don’t believe there’s any courtroom in America where Oswald would have been convicted on the evidence that was presented before the Warren Commission.” Numerous lawyers and professional investigators have come to the same conclusion as Gunn and Tanenbaum after studying the case against Oswald, simply because it falls so far short of the genuine standard of proof.
Let us begin with the Warren Commission’s claim, repeated by Ayton and Von Pein, that on the morning of November 22, 1963, Oswald smuggled his cheap, mail-ordered rifle into the Texas School Book Depository building inside a paper bag. As first generation critics of the Warren Report like Harold Weisberg, Mark Lane and Silvia Meagher quickly discovered, reasonable doubt is cast on this allegation by the very testimony on which it is based.
Broken down, the sixth floor rifle was 34.8 inches long. (WR, p. 133) But witnesses Buell Wesley Frazier and Linnie Mae Randle repeatedly swore that the package they saw Oswald carry that morning was, at most, 27-28 inches long. For Ayton and Von Pein this poses no problem at all and they blithely state that Frazier and Randle both “made mistakes in describing the parcel’s length…” (ibid, p. 69) As to how they deduced that Frazier and Randle were mistaken when there is literally no evidence overturning their consistent and corroborative estimates is difficult to fathom. Nobody else saw the package Oswald carried that morning, and the fact is that the two different ways in which Frazier and Randle saw Oswald holding the bag corroborate their estimates and prove that it had to be considerably shorter than the rifle it was alleged to contain.
Frazier saw Oswald carrying the bag with one end cupped in his hand and the other tucked under his arm. However, as he discovered during his Commission testimony, it was impossible to carry the rifle in that manner. Commission lawyer, Joseph Ball, handed Frazier the disassembled rifle inside a paper bag and asked him to demonstrate how Oswald had held the package. But when Frazier cupped the bottom end in his hand, the top end extended several inches above his shoulder, almost up to the level of his eye. As Frazier made clear, none of the bag he saw Oswald carrying had been sticking up above his shoulder and he was certain the bottom end was cupped in Oswald’s hand. “From what I seen, walking behind,” Frazier testified, “he had it under his arm and you couldn’t tell he had a package from the back.” (WC Vol. 2, p. 243, hereafter expressed as 2H243)
Ayton and Von Pein try to get around this by writing that “…in 1986, Frazier confirmed via Vincent Bugliosi’s questions…that the package could have extended beyond Oswald’s body and he might not have noticed it.” (Ayton and Von Pein, p. 69) This is a gross distortion of what Frazier agreed to, which is that the package could have been “protruding out in front of [Oswald’s] body” without him seeing it. He never said that it could have been sticking up above the shoulder or below the hand. To this day Frazier is adamant that the package he saw was around two feet long and that Oswald carried it with one end cupped in his hand and the other tucked under his arm. In other words, it was smaller than the rifle.
Often overlooked is the manner in which Oswald was carrying the package when Randle saw him. She was looking out of her kitchen window as she watched Oswald cross the street toward her house holding a “heavy brown bag.” At this time, he held the package by the top and the bottom did not quite reach the ground. (2H248) The only way the 5 foot 9 inch Oswald could have carried a 34.8-inch long rifle down by his side without it dragging along the ground behind him is if he had arms like a T-Rex. Given that Oswald was a normally proportioned human male we can safely conclude from Randle’s testimony that the package she saw him carry was considerably shorter than the rifle. It is readily apparent, then, that despite Ayton and Von Pein’s assurance that Frazier and Randle “made mistakes in describing the parcel’s length,” their estimates actually make little difference. Because the two different ways in which Oswald carried it are entirely corroborative and clearly establish that it could not have contained the rifle.
Ayton and Von Pein would no doubt argue that the testimony of Frazier and Randle on this point is negated by the long paper bag; apparently made from wrapping paper and tape from the book depository’s shipping department; allegedly found by Dallas police in the so-called “sniper’s nest,” on the sixth floor of the depository building. But that bag is, to say the least, of dubious origin. As retired British police detective Ian Griggs pointed out in his seminal essay, “The Paper Bag That Never Was,” it does not appear in any of the official crime scene photographs, and the first officers on the scene did not see it there. For example, Police Sergeant Gerald Hill told the Commission that the only paper bag he had seen was a “small lunch sack” and remarked of the larger bag, “…if it was found up there on the sixth floor, if it was there, I didn’t see it.” (7H65) As Griggs points out in his essay, Deputy Sheriffs Luke Mooney and Roger Craig and Police Detective Elmer Boyd all said much the same thing. (See, Griggs, No Case to Answer, pgs. 173-214)
One fact overlooked by Griggs was that on the evening of November 22, 1963, Buell Frazier was given a polygraph examination by Dallas Police Detective R.D. Lewis and, while it was in progress, Lewis showed Frazier the long paper bag supposedly found in the “sniper’s nest.” Frazier told him that “he did not think that it resembled…the crinkly brown paper sack that Oswald had when he rode to work with him that morning…” (FBI 105-82555 Oswald HQ File, Section 17, p. 100) If Frazier, who got the best look at the package Oswald carried that morning, could not identify the bag produced by Dallas Police, it is difficult to imagine that it could ever have been introduced as evidence in court.
Nevertheless, the bag is seemingly linked to Oswald by a partial right palmprint and a partial left index fingerprint. Yet the obvious question this raises is how these could be the only two prints Oswald left on the bag when he supposedly made it himself using paper and tape from the depository, carried it with him to the Paine home in Irving, used it to wrap his rifle, carried it at least two different ways on his journey back into the depository, and unwrapped his rifle again on the sixth floor. In light of everything outlined above; Frazier and Randle’s testimony, the fact that the bag does not appear in crime scene photographs, was not seen by the first officers on the scene, and was not identified by Frazier during his polygraph; the prints cannot be said to in any way prove that Oswald used the bag to carry the rifle. Realistically, all the prints tell us is that he handled the bag briefly at some point. This reviewer would not be the least bit surprised if that occurred whilst Oswald was in police custody.
Though they are careful to omit it all from their book, Ayton and Von Pein are no doubt aware of the serious issues outlined above, so they try to give themselves an out by writing that, “The question of whether or not Oswald took his rifle into work that morning, however, is a moot point. Oswald had plenty of opportunities to hide his rifle in the Book Depository on other occasions.” (p. 69) Informed readers will recognize this for the smokescreen that it is. According to the official story, for the two months leading up the assassination, Oswald’s alleged rifle was wrapped in a blanket in Ruth Paine’s garage. If he did not retrieve it on the morning of the assassination then he never did so because at no other time was he seen taking a package from the Paine home, at no time was any rifle seen at his rooming house, and at no other time did he take a package into the Book Depository. November 22 was his one and only opportunity. Which means that if the package he carried that morning did not contain the rifle–and the preponderance of evidence tells us it did not–then someone else placed it on the sixth floor of the depository building, and Oswald was exactly what he said he was: A patsy.
Just from this instance, one can see why the authors lowered the legal standard. But even at that, an informed reader can see that they do not meet even that lower standard.
Before moving on, let us take note of another example of Ayton and Von Pein misrepresenting Frazier’s words to suit their needs. The authors allege that when Frazier and Oswald “arrived at the Book Depository parking lot, Oswald hurried to the building 50 feet ahead of his co-worker…Oswald had never previously walked ahead of Frazier to the building. But Friday, November 22nd was different.” (Ibid) The implication here is that Oswald immediately got out of the car and rushed ahead of his workmate because he was in a hurry to get his rifle into the building. The reality is quite different. As Frazier testified, upon arriving at the depository, he sat in his car, “letting my engine run and getting to charge up my battery.” (2H227) Oswald had gotten out of the vehicle but, upon realizing Frazier was not with him, stopped and stood “at the end of the cyclone fence waiting for me to get out of the car.” (Ibid, 228) Once Frazier shut off the engine and exited the car, Oswald carried on walking but Frazier said he “didn’t try to catch up to him because I knew I had plenty of time so I just took my time walking up there.” As Frazier told the Commission, he was less interested in catching up with Oswald and more interested in taking a minute to watch the nearby railroad tracks because “I just like to watch them switch the cars…” (Ibid) So quite contrary to the impression Ayton and Von Pein attempt to convey, Oswald did not end up 50 feet ahead of his co-worker because he “hurried,” he did so because Frazier purposely lagged behind. Clearly the truth is less supportive of Ayton and Von Pein’s agenda than their own version of events.
[NOTE: Over recent years, a number of very knowledgeable researchers have begun to question whether or not Oswald carried any kind of package with him that morning at all. They suggest that Frazier was pressured into telling this story after he was arrested by police on the evening of the assassination. Whilst, on balance, the reviewer believes that Frazier and his sister were telling the truth, the inconsistencies these critics have highlighted should not be summarily dismissed. Readers are referred to chapter 8 of Jim DiEugenio’s excellent book, Reclaiming Parkland, for details.]
II
Ownership and possession of the Mannlicher-Carcano rifle found on the sixth floor of the Texas School Book Depository has, of course, always been a key issue. It goes without saying that Ayton and Von Pein regard it as an “incontrovertible fact that Oswald owned the assassination weapon.” (p. 66) But this bold declaration overlooks many inconsistencies, not the least of which being that the rifle was ordered under the name “A. Hidell,” yet when Oswald opened PO Box 2915 in October, 1963, he listed “Lee H. Oswald” as the only person authorized to receive mail. (17H679) U.S. Postal regulation no. 355.111 clearly states that “Mail addressed to a person at a PO Box who is not authorized to receive mail shall be endorsed ‘addressee unknown’ and returned to sender.” How then could Oswald have received a rifle ordered in the name of A. Hidell? Incidentally, it will come as no surprise to many to learn that, although the Post Office should have retained the signature of the person picking up the rifle for four years, it was “missingî by the time the FBI began it’s work.
For the sake of argument, this reviewer will overlook numerous issues and accept the notion that, for some unknown reason, Oswald chose to break the law by ordering a rifle through the mail using a false name; despite the fact that he was living in Texas where it was easy to obtain a firearm over the counter without leaving an extensive paper trail. It is nonetheless indicative of Ayton and Von Pein’s intellectually dishonest methods to state without qualification, as they do, that “Lee Harvey Oswald’s wife, Marina, identified the rifle in testimony to the Warren Commission during its 1964 hearings.” (p. 80) Anyone who is familiar with Marina’s ever-changing stories will no doubt be rolling their eyes at that particular pronouncement. During her Commission testimony, Marina rather melodramatically described the sixth floor weapon as “the fateful rifle of Lee Oswald.” When asked, “Is that the scope that it had on it, as far as you know?” she said “Yes.” (1H119) However, when she was interviewed months earlier by the Secret Service, Marina swore that the only rifle her husband ever owned did not have a telescopic sight. In fact, she said that before she saw the sixth floor rifle on television, “she did not know that rifles with scopes existed”! (CD344, p. 24) How does one reconcile these two statements? And what does it say about the integrity of an author who informs readers of one but not the other?
Regardless, the central question is not “did Oswald order the rifle?” but “did he have it in his hands at the time of the assassination?” We have already seen that he did not have it in his possession for at least the two months leading up to the assassination and he most likely did not carry it into the depository building that morning. So it will come as no great shock to learn that there is no compelling evidence he handled the rifle at all that day, and Ayton and Von Pein have to resort to misrepresenting testimony and omitting relevant facts in order to make it seem as if there is.
The authors state that the FBI found a “tuft of cotton fibers…clinging to the butt of the rifle” that under microscopic examination “matched those in the shirt worn by Oswald the day of the assassination.” (p. 67) What they do not tell readers is that the shirt to which the fibers were “matched” is the one Oswald was wearing when he was arrested, but this was apparently not the one he was wearing at the time of the assassination. During his interrogations, Oswald told police; without any reason to lie as he knew nothing of any fibers being found on the rifle; that between the time of the assassination and the time of his arrest, he had returned to his rooming house and changed his shirt and trousers. (R622) Oswald’s word was corroborated by Dallas Policeman Marion Baker who saw him on the second floor of the Book Depository less than two minutes after the shots were fired, and then again at the police station later in the day. As Baker told the Commission, when he saw Oswald the second time, “He looked as though he did not have the same thing on.” (3H262)
Additionally, FBI hair and fiber expert, Paul Stombaugh, testified that although the fibers he found on the rifle butt “appeared fresh,” there was no way of knowing for sure how long they had been on the weapon. As he explained it, “They could conceivably have been put on 10 years ago and then the gun put aside and remain the same. Dust would have settled on them, would have changed their color a bit, but as far as when they got on the gun. I wouldn’t be able to say. This would be speculation on my part.” (4H84) And that’s not all Stombaugh had to say. Despite Ayton and Von Pein’s unqualified assertion that the fibers “matched” the shirt, Stombaugh explained that “there is just no way at this time to be able to positively state that a particular group of small fibers came from a particular source, because there just aren’t enough microscopic characteristics present in these fibers. We cannot say, ‘Yes, these fibers came from this shirt to the exclusion of all other shirts.’” (Ibid, 88) So, to summarize, fibers that had been on the rifle for an indeterminate amount of time were inconclusively matched to a shirt Oswald may not have been wearing at the time of the assassination. Yet all Ayton and Von Pein saw fit to tell readers was that the fibers “matched.”
The authors go on to claim that “Dallas Police Lieutenant J.C. Day…found and lifted a palm print from under the rifle barrel which he sent to the FBI laboratories in Washington. It was later identified as ‘the palm print of Lee Harvey Oswald.’” (p. 72) There is so much relevant information left out of the above passage that it is difficult to know where to begin to critique it. Day claimed to have found the print on the disassembled Carcano when he inspected it on the evening of November 22. But when the FBI’s fingerprint expert, Sebastian Latona, carefully inspected the entire rifle just a few hours later, he found “no latent prints of value” anywhere on it. (4H23) It was not until after Jack Ruby had gunned Oswald down in the basement of Dallas Police headquarters that it was suddenly announced his print had been found on the rifle. Lt. Day claimed that he had “lifted” the print before sending the rifle to the FBI lab but could never adequately explain why he had failed to inform the Bureau; or anyone else; when he handed the rifle over. Nor could he explain why he failed to follow proper procedure by photographing the print before it was “lifted.”
Day said that the lifting had been accomplished by applying a strip of cellophane tape to the print, which had been dusted with powder. But Latona found no evidence whatsoever of a print, the tape, or the dusting powder. And let us not minimize the difference between Latona and Day. According to professional prosecutor Tanenbaum; a man who never lost a murder case; Latona’s word was gold on the stand. He had written a pamphlet on the subject of fingerprinting which was used by almost all police departments at the time. He was so much in demand as a witness that it was not easy to secure him on your witness list. If you could, you felt lucky.
An FBI memo that was suppressed until 1978 reveals that even the Warren commission was troubled by all of this. The memo dated August 28, 1964 states: [Warren commission general counsel J. Lee] Rankin advised because of the circumstances that now exist there was a serious concern in the minds of the commission as to whether or not the palm impression that has been obtained from the Dallas Police Department is a legitimate latent palm impression removed from the rifle barrel or whether it was obtained from some other source, and that for this reason this matter needs to be resolved.” Recall, this is August, eight months after the Commission’s first meeting. The Bureau reported to the commission that they had investigated the matter and said that the “[FBI] laboratory examiners were able to positively identify the lift as having come from the assassination rifle in the area of the wooden fore grip.” (26H829) However, the same report notes that Day “preferred” not to make a signed written statement about his finding of the print. This is probably because not only would he have been impeached by Latona, but also by FBI agent Vincent Drain. Drain was the agent who was tasked by FBI Director J. Edgar Hoover with picking up the evidence the night of the assassination and spiriting it to Washington. What he told author Henry Hurt about that transfer is devastating. Drain told Hurt that when Day gave him the rifle he never pointed out a print, or evidence of a print. (Hurt, Reasonable Doubt, p. 109)
As if failing to make any mention of the above was not bad enough, Ayton and Von Pein are also careful to omit what is perhaps the most crucial detail: Even Lt. Day did not claim that the print; which was only visible in its entirety when the rifle was disassembled; placed the Carcano in Oswald’s hands at the crucial time. In fact, he described it as an “old dry print” that “had been on the gun several weeks or months.” (26H831; Anthony Summers, Conspiracy, p. 54) So even if we accept the palmprint as genuine, it only places the disassembled rifle in Oswald’s hands “weeks or months” before the assassination. That the authors of Beyond Reasonable Doubt were comfortable hiding this fact from their readers is truly mind-boggling. And, if you can believe it, it gets worse.
Without a trace of caution, Ayton and Von Pein trumpet the claim made in 1993 by Vincent J. Scalice that he had positively identified fragmentary fingerprints found on the trigger guard of the rifle as being those of Lee Harvey Oswald. Once again, the authors leave out that which they find inconvenient. The prints in question were first observed by Lt. Day who told the Commission “…from what I had I could not make a positive identification…” (4H262) They were next examined by Sebastian Latona, who judged them to be “of no value,” (4H21) and a second FBI expert, Ronald Wittmus, who agreed. (7H590) That makes three witnesses within 24 hours.
A decade and a half later; and this is crucial– Scalice examined the prints on behalf of the HSCA and, at that time, he too agreed that they were “of no value for identification purposes.” (8HSCA248) In 1993, both Scalice and the head of the FBI’s latent print section, George Bonebrake, reviewed the prints for the PBS documentary, Who Was Lee Harvey Oswald?, and Bonebrake reached the same conclusion as every expert who came before him; including Scalice. He stated that the prints were “simply not clear enough to make an identification.” Finally, in 2003, researcher James K. Olmstead reported that a new analysis had been conducted using the FBI laboratory computer software and the computer had failed to find a match. (Donald Thomas, Hear No Evil, p. 85) So how was it that Scalice was able see what no other expert; or, indeed, computer; was able to see?
Scalice claimed to have found no less than 18 “points of identity” by using a composite of four enhanced Dallas Police photographs. But back in 1963, the FBI did not just have a few 30-year-old photographs to work with, they had the rifle itself with the actual latent prints on it. And as Latona explained to the Commission, the Bureau experts spent considerable time “setting up the camera, looking at prints, highlighting, sidelighting, every type of lighting that we could conceivably think of, checking back and forth in the darkroom; we could not improve the condition of these prints. So, accordingly, the final conclusion was simply that the latent print on this gun was of no value, the fragments that were there.” (4H21) Simply put, whatever enhancements Scalice carried out on the photographs he used could not bring out detail that did not exist in the actual latent prints. Even as a minority opinion, Scalice’s claim is just not worthy of serious consideration. And this is especially so given that neither he nor anyone else has ever made a chart of his alleged 18+ points of identity available for verification by an independent expert.
By promoting Scalice’s assertion, Ayton and Von Pein demonstrate an extreme confirmation bias and a willingness to repeat anything that supports their theory, no matter how questionable it may be. This, and their handling of the palm print and fibers on the rifle, are perfect examples of what makes Beyond Reasonable Doubt such an Orwellian read. The authors spend much time up on a high horse denouncing conspiracy theorists for their “wrongful use of the physical evidence,” and for misrepresenting the facts “through selective use of witnesses,” yet these are the very methods they repeatedly and unashamedly employ throughout their book. Unfortunately, this type of hypocrisy is par for the course when dealing with many of those who defend the official lone nut legend.
III
Only one witness was ever claimed to have been able to identify Oswald as the man who fired a rifle from the sixth floor window: Howard L. Brennan. He is described by Ayton and Von Pein as “The most important witness to the shooting.” (p. 59-60) A better and more accurate description was provided by Warren Commission critic Howard Roffman who wrote that “The best that can be said of Howard Brennan is that he provided a dishonest account that warrants not the slightest credence.” (Presumed Guilty, p. 197) The numerous problems with Brennan’s supposed identification of Oswald were noted in detail by first generation critics and his claims were completely discredited during the 1960s. Using Brennan as a witness in 2015 is a true sign of desperation.
Brennan told the Commission that shortly before the assassination, from his position sitting atop a wall opposite the Book Depository, he saw a man in the sixth floor window who he watched leave and return “a couple of times.” (3H143) Once the shooting started, Brennan said, he glanced back up to the man in the window and saw that he was “standing up and resting against the left window sill, with gun shouldered to his right shoulder, holding the gun with his left hand and taking positive aim and fired his last shot.” (Ibid, 144) Brennan’s description of the gunman’s position at the time he fired his final shot is the first of many problems with his account. The gunman could not have been “standing” as Brennan claimed because the window was only half-open and the ledge was just one foot high. As Roffman pointed out, “Had the gunman been standing, he would have been aiming through a double thickness of glass, only his legs visible to witness Brennan.” (Presumed Guilty, p. 193) Yet Brennan claimed that he could see the assassin “from his belt up.” (3H144)
In his Commission testimony, Brennan also contradicted his own claim to have seen the gunman fire his last shot. As many rifles do, the Carcano emits a small amount of smoke (26H811), and manifests a recoil (3H451), but Brennan testified to seeing neither of these things. (Ibid, 154) Years later, he wrote in his memoir, Eyewitness to History, “Simultaneous with the third shot, I swung my eyes back to the Presidential car which had moved on down to my left on Elm, and I saw a sight that made my whole being sink in despair. A spray of red came from around the President’s head.” (Eyewitness to History, p. 13) If Brennan saw the President’s head explode, then unless he could move faster than a speeding bullet, it is without question that he could not have seen the sixth floor sniper fire the shot.
On the evening of November 22, Brennan was taken to view a Dallas police line-up where he failed to identify Oswald as the man he saw in the sixth floor window. Four months later when he appeared before the Commission, however, he was willing to positively identify Oswald as the gunman. (3H148) His justification for failing to pick Oswald out of the line-up was that he believed at that time, and still believed at the time of his testimony, that the assassination had been the work of a communist conspiracy and that if word got out that he was the only eyewitness he and his family “might not be safe.” (Ibid) But this excuse is invalidated by the fact that he had to know of at least one other eyewitness, Amos Euins, because Brennan himself had pointed him out to Secret Service Agent Forrest Sorrels. (7H349) Additionally, as Mark Lane noted, “Brennan’s anxiety about himself and his family did not prevent him from speaking to reporters on November 22, when he gave not only his impressions as an eyewitness but also his name.” (Lane, Rush to Judgment, p. 92)
As he admitted to the FBI on January 10, 1964, Brennan’s real reason for failing to identify Oswald on the evening of the assassination had nothing to do with fear of a communist conspiracy. He explained to agents of the Bureau that “after his first interview at the Sheriff’s Office…he left and went home at about 2 P.M. While he was at home, and before he returned to view a lineup, which included the possible assassin of President Kennedy, he observed Lee Harvey Oswald’s picture on television. Mr. Brennan stated that this, of course, did not help him retain the original impression of the man in the window with the rifle…” (24H406) Based on this admission alone, any subsequent identification Brennan gave was completely and utterly worthless.
It has been suggested that Brennan’s own eyesight would have prevented him from witnessing what he said he did anyway. As Commission lawyer Joseph Ball told author Edward Epstein, during a “reconstruction” on March 29, 1964, Brennan had such difficulty even seeing a figure in the window that “it seemed doubtful that Brennan could have positively identified a man in the partially opened sixth-floor window 120 feet away.” (Epstein, Inquest, p. 110) Ayton and Von Pein counter this by saying that “It was only AFTER the assassination, in January 1964, that Brennan suffered an accident that impaired his vision.” (p. 60) But their only source for this claim is Brennan’s own self-serving testimony which the Commission did not take any steps to verify.
It has also been suggested that Brennan, like a number of other witnesses, was pressured into changing his story. His job foreman, Sandy Speaker, told author Jim Marrs, “They took [Brennan] off for about three weeks. I don’t know if they were Secret Service or FBI, but they were federal people. He came back a nervous wreck and within a year his hair had turned snow white. He wouldn’t talk about [the assassination] after that. He was scared to death. They made him say what they wanted him to say.” (Marrs, Crossfire, p. 26) Whether Speaker’s story is true or not, it is interesting to note that years later Brennan refused to cooperate with the HSCA.
When House Select Committee staff first contacted him, it was with the idea of talking quietly with him at his home in Texas. But, according to an outside contact report dated March 13, 1978, Brennan “stated that the only way he will talk to anyone from this Committee, is if he is subpoenaed.” A month later the Committee asked him to reconsider and, when he refused, informed him that he would be subpoenaed to testify before the committee on May 2. Brennan wasted no time in informing the Committee staff that he “would not come to Washington and that he would fight any subpoena. And, in fact, Brennan was belligerent about not testifying. He stated that he would avoid any subpoena by getting his doctor to state that it would be bad for his health to testify about the assassination. He further told me that even if he was forced to come to Washington he would simply not testify if he didn’t want to.” (HSCA contact report, 4/20/78, Record No. 180-10068-10381) Between May 15 and May 19, 1978, 11 attempts were made to present Brennan with previous statements he had made which were finally left with him on May 19. But when Committee staff returned a few days later to collect the form asserting that his previous statements were correct, a very odd lacuna appeared in the record. It was discovered that Brennan had refused to sign the form. The HSCA went as far as granting Brennan immunity from prosecution, but he would not budge.
The above would suggest to most reasonable-minded people that Brennan had something to hide. And understanding that the HSCA might actually subject him to a real cross examination, he did not want anything like that to surface. Whether this was the fact that he was pressured into identifying Oswald, or that he pretended to have knowledge he never really possessed to begin with in order to gain attention, we will likely never know. In the end, what matters is that he failed to identify Oswald on November 22, 1963, and he admitted that seeing Oswald’s picture on television shortly after the assassination had clouded and influenced his own recollections. Needless to say, none of this appears in Beyond Reasonable Doubt because it does not matter a lick to Ayton and Von Pein. When he appeared before the Commission, Brennan was willing to state that Oswald was the gunman. On that day he said what Ayton and Von Pein want to hear and, truthful or not, that is all that matters to them. That is the kind of book this is.
IV
In Beyond Reasonable Doubt we are told that, for conspiracy believers, it is an “inconvenient truth” that several months before the assassination, Oswald demonstrated his “potential for violence” by executing “a bold plan to eliminate former Army General Edwin A. Walker, a leader of ultra-conservative groups.” (p. 149) For Ayton and Von Pein, the Walker attempt “is the most compelling pre-assassination evidence for Oswald’s propensity to meticulously plan and carry out an act of political assassination, alone and unaided.” (Ibid) Furthermore, they claim that the evidence Oswald took a shot at Walker is “overwhelming.” Which, as overloaded with hyperbole and empty rhetoric their book is, still manages to stand out as a particularly egregious exaggeration. In truth, the evidence is virtually non-existent.
In the several months the Dallas Police investigated the attempt on Walker’s life, Oswald was never considered a suspect. But the day after the assassination, Michael Paine; a man whom Robert Oswald immediately suspected was involved in the assassination (1H346); unexpectedly told the Houston Post that “Oswald may have been involved in the Walker affair.” (DiEugenio, Reclaiming Parkland, p. 83) Then on December 5, 1963, Marina Oswald, who up until that point had insisted that she knew of no acts of violence perpetrated by her deceased husband, suddenly claimed to the FBI that Lee had told her he took a shot at the right-wing General. This, of course, was during the two month period that she was held at the Inn of Six Flags in Arlington, Texas, being repeatedly interrogated by the Secret Service and FBI and threatened with deportation. (see 1H79 & 410) Just as she did when she “identified” the rifle for the Commission, Marina was telling her interrogators what they wanted to hear. Which is something she became very adept at doing.
Over time, Marina’s description of Lee changed from that of a good husband who loved to help with the kids to a selfish, vicious wife-beater. Mark Lane noted in his classic book, Rush to Judgment, that “In the course of her variegated testimony, she became richer. She admitted at an early date she had received public donations amounting to $57,000.” She even acquired a business manager, James H. Martin, who “testified that advances for her stories alone totalled $132,500.” (Lane, p. 307) As the money rolled in, she painted herself more and more as a victim which was something even members of the Warren Commission and its staff found difficult to swallow. Commission lawyer, Norman Redlich, once noted in a secret memo to J. Lee Rankin that although Marina and her business manager had “attempted to paint a public image of Marina Oswald as a simple, devoted housewife who suffered at the hands of her husband…there is a strong probability that Marina Oswald is in fact a very different person; cold, calculating, avaricious, scornful of generosity, and capable of an extreme lack of sympathy in personal relationships.” (11HSCA126) Although Marina was clearly under pressure, when she saw what she had to gain by selling her dead husband down the river, she took to her role with relish. Unfortunately she could never quite keep her stories straight and ended up being such a terrible witness that investigators for the HSCA were compelled to prepare a 30-page report titled Marina Oswald Porter’s Statements of a Contradictory Nature. Clearly, to any objective observer, anything Marina said is to be taken with a rather large grain of salt. Perhaps a tablespoon would be more adequate.
Once we dispose of Marina’s worthless testimony, any case against Oswald in the Walker shooting flies out the window. In its quest to tie Oswald to the Walker attempt, the Warren Commission produced a mangled bullet, dubbed CE 573, that had all the appearances of being a 6.5 mm copper-jacketed round like the ones fired from “Oswald’s” rifle. The trouble is that, despite the Commission’s claim, this bullet does not appear to be the one recovered from Walker’s home on April 10, 1963. The actual Walker bullet was described by police at the time as being a 30.06 that was steel-jacketed. (Dallas Morning News, April 11, 1963 & 24H40) General Walker himself, who had held the real bullet in his hand on the night of the shooting, vehemently protested when he saw CE 573 that there had been a “substitution” and demanded that it be withdrawn from all files pertaining to the Kennedy assassination. (see McKnight, p. 51) “The bullet before your select committee called the Walker bullet is not the Walker bullet” he told the HSCA. “It is not the bullet that was fired at me and taken out of my house by the Dallas City Police on April 10, 1963. The bullet you have was not gotten from me or taken out of my house by anyone at anytime.” Not surprisingly, there is no reference to Walker’s protests anywhere in Beyond Reasonable Doubt.
Ayton and Von Pein make much of a note that Oswald apparently wrote for Marina, telling her what to do should he get arrested. The authors state that anyone who rejects the “proof that Oswald tried to shoot General Walker” will have to accept the “preposterous” idea that “Somebody faked the note that Oswald left for his wife.” (p. 164) In reality, we need accept no such thing because the note is undated and makes absolutely no reference to General Walker or any other attempted shooting. Additionally, as researcher, Gil Jesus pointed out, the note instructs Marina that the “money from work” will be “sent to our post office box. Go to the bank and cash the check.” But the last job Oswald had before April 10, 1963, was at Jaggars-Chiles-Stovall and they did not mail his paychecks. Which strongly suggests the note was not written around the time of the Walker attempt.
The only remaining “evidence” consists of photographs of Walker’s home that were found amongst Oswald’s possessions in the garage of Ruth and Michael Paine (yes, that’s the same Michael Paine who was the very first person to suggest Oswald had taken a shot at Walker). But the very existence of these photographs in November, 1963, is baffling. According to Marina’s story, these photos were in a notebook that Oswald had kept, detailing his Walker plans. Yet she also claimed that she watched him burn the notebook a few days after he failed to kill the General. She did not say she saw him pull out a few pictures to keep. And why on Earth would he do such a thing anyway? What was he planning to do, put the photos in the family album so that one day they could all look back and chuckle about the time Papa lost it and tried to murder a fascist? There is just no logical, believable reason for Oswald to have kept those photographs around and that fact leads to the possibility that they were planted among his possessions. Perhaps by someone who had access to the Paine garage and seemed to want to implicate Oswald in the Walker episode long before the thought of his involvement had occurred to anyone else. Now, who might that have been?
V
One thing you will not find in Beyond Reasonable Doubt is an in-depth, meaningful discussion of the medical evidence in the assassination. There is, in fact, virtually no discussion of the subject at all. The obvious reason being that Ayton and Von Pein understand full well that, if they tell readers too much about that subject, the cut-and-dried case for a lone gunman they are trying to sell would look decidedly less cut-and-dried. So the authors leave out troubling details like the fact that the autopsy doctors failed to notice one wound, and failed to dissect one that they did, leaving us with an ambiguous record; that they incorrectly described the location of bullet fragments in the brain; that they failed to locate wounds according to fixed anatomical landmarks; and that the pathologists burned the first draft of their autopsy report. Clearly, this sort of information is inconvenient when you want people to believe there is no room for doubting a lone gunman was involved. In any case, even the few details Ayton and Von Pein do bother to include they manage to get wrong.
It goes without saying that the authors believe the only bullet to strike JFK’s skull came from the rear. In support of this contention they write that the Zapruder film “clearly shows the President’s head bursting open in the front and the right…a large flap of scalp hangs down from the large exit wound…And, as HSCA pathologists testified, the particulate matter (brain tissue) from the President’s head, after the head shot, is spraying forwards, as can be seen from a high-contrast photo of frame 313 of the Zapruder film.” (pgs. 98-99) From this it appears that Ayton and Von Pein are under the impression that the massive wound on the right side of JFK’s head was an exit wound and the cloud of matter seen in Z-313 is exit spray. Neither of these things is true.
As ballistics expert, and Warren Commission apologist, Larry Sturdivan, stated in his 2005 book, The JFK Myths; a book Ayton and Von Pein cite but either did not read or failed to comprehend; “the explosive rupture of the side of the president’s head over his ear was not caused by an exiting bullet fragment.” (Sturdivan, p. 186) In actual fact, the explosion, which occurred after the bullet had already exited the skull, was a typical “Kronlein Schuss,” named for the German ballistics expert who first demonstrated the effect with clay-filled skulls. The energy deposited as the bullet passed through the brain imparted a momentum so great that a temporary cavity was formed. Consequently, a violent wave of hydraulic pressure was applied to the cranium at which point fractures radiating from the point of entrance gave way to the brain fluid and tissue which burst upwards through the cracks. As Sturdivan explained, “the center of the blown-out area of the president’s skull was at the midpoint of the trajectory; not at the exit point.” (Ibid, p. 171) Sturdivan noted that the blood and matter seen in Z-313 “appears to be directed upward and only slightly forward…Since the tears [in the scalp] were so extensive, the spray went in all directions, just like the skull fragments did.” (Ibid, p. 175) A “similar explosion would have taken place” whichever direction the bullet was travelling. (Ibid, p. 171) As Dr. Donald Thomas put it in his book on the Kennedy assassination forensic evidence, Hear No Evil, “While the Kronlein Schuss effect explains why the brain matter and bony fragments flew upward, it does not reveal the direction of the bullet.” (Thomas, p. 351) As medical expert Milicent Cranor, based upon her reading of authority Dr. Vincent DiMaio, has written, another term for this is cavitation.
The cloud of matter in Z-313 was not exit spray, and the hole which encompassed most of the right side of Kennedy’s head was not an exit wound. In actual fact, JFK’s lead pathologist, Dr. James J. Humes, testified to the Commission that after a “careful examination of the margins of the large bone defect” the doctors were unable to find a point of exit on the skull. He attributed this failure to the fact that there was a large amount of missing bone. (2H353)
The two most obvious features of JFK’s post mortem skull X-rays are the aforementioned large absence of bone on the right side, and the trail of bullet fragments that runs along the top of the skull. Ayton and Von Pein make one quick reference to this second feature, stating without elaboration that “The dispersal of bullet fragments comes from the back to the front.” (p. 99) They provide no citation for this claim which is not at all surprising since it is completely wrong. To begin with, let us take stock of what the very presence of these numerous metallic particles in the brain tells us. The bullets fired from “Oswald’s” rifle were full metal jacket, military ammunition. As wound ballistics expert Vincent Di Maio wrote in his classic textbook, Gunshot Wounds, “Military bullets, by virtue of their full metal jackets, tend to pass through the body intact…[they] usually do not fragment in the body or shed fragments of lead in their paths.” (Di Maio, p. 192) He goes on to say that “the presence of small fragments of metal along the wound track virtually rules out full metal-jacketed ammunition.” (Ibid, p. 334) However, he does allow that “in rare instances” a few small fragments may be seen on X-ray “if the bullet perforates bone.” (Ibid) In Kennedy’s case we are, of course, talking about the skull so obviously the bullet did indeed pass through bone.
Tests performed for the Warren Commission at Edgewood Arsenal demonstrated clearly that Di Maio is correct. At Edgewood, “Oswald’s” rifle and ammunition was used to fire at rehydrated skulls filled with ballistic gelatin. These bullets did indeed deposit a few small fragments in the skull. However, this did not occur until after the jacket ruptured which, as Sturdivan explained, occurred when the bullet was “well inside the skull…the scattering of small lead fragments began about midway through the skull.” (Sturdivan, p. 204) Howard Roffman included two X-rays from these tests in his book and they showed around 5 or 6 small fragments deposited near the exit. (Roffman, photo section) Being a Warren Commission supporter, Sturdivan apparently picked the best of the bunch for his book, but even his carefully chosen X-ray showed only around 10 fragments; all located in the front half of the skull. (Sturdivan, p. 173) This is absolutely nothing like the lead snowstorm seen in President Kennedy’s autopsy X-rays where we see dozens of metallic particles running from one end of the skull to the other.
It seems quite clear that the bullet which left the trail of fragments in the brain was not a full metal jacket round of the type Oswald is alleged to have used. And not only do the fragments tell us that a different type of ammunition was used, the pattern of their distribution gives us an idea as to the direction of travel. When a bullet disintegrates into fragments upon striking bone, the smaller, dust-like fragments are found closer to the entry point and the larger particles are found closer to the exit. This is because, as Sturdivan noted in his HSCA testimony, “A very small fragment has very high drag in tissue” (1HSCA401) whereas fragments with greater mass have greater momentum which enables them to travel further. What we see in JFK’s autopsy X-ray is that the smaller particles are located near the right temple and the larger ones are found near the upper, right rear of the skull. Therefore, the bullet appears to have been heading front to back.
It should be noted at this point that Dr. Humes and his colleagues at the autopsy did find an entry wound in the back of the skull, “2.5 centimeters to the right, and slightly above the external occiptal protuberance [EOP].” However, this hole; which is readily visible on the X-rays; is around 4 inches below the rear end of the fragment trail. As neuropathologist, Dr. Joseph N. Riley, has stated, “The fragments distributed in and the damage to the cerebral cortex cannot be due to the shot described by Humes et al.” because “the wounds are discontinuous.” Dr. Riley, who holds a Ph.D. in Neuroscience and specializes in neuroanatomy and experimental neuropathology, describes two seperate areas of damage to the cortical and subcortical areas of the brain that he says are “anatomically distinct and could not have been produced by a single bullet.” (See The Third Decade, Vol. 9, Issue 3, p. 1) The best possible explantion for JFK’s head wounds according Dr. Riley and others; including radilogist, Dr. Randy Robertson, and former President of the American Academy of Forensic Science, Dr. Cyril Wecht; is two seperate bullet strikes; one from the rear and one from the right front.
VI
When the Zapruder film was first shown on American television in 1975, it created a public outcry so great that Congress had little choice but to reopen the Kenendy case. The sight of President Kennedy’s head snapping violently backwards by several inches in just a few 18ths of a second appeared to most as obvious evidence of a frontal shot. As Congressman Thomas N. Downing noted after a private viewing of the film on April 15, 1975, “It convinced me that there was more than one assassin.” (David Wrone, The Zapruder Film, p. 69) Over the years, Warren Commission defenders have offered a variety of theories intended to explain why a shot from the rear would cause Kennedy’s head to snap backwards. Predictably, Ayton and Von Pein invoke the two most popular of these hypotheses: the “neuromuscular reaction” and the “jet effect”. (p. 96-97)
As Larry Sturdivan explains it, the neuromuscular reaction theory suggests that, “The tissue inside [Kennedy’s] skull was being moved around. It caused a massive amount of nerve stimulation to go down his spine. Every nerve in his body was stimulated…since the back muscles are stronger than the abdominal muscles, that meant that Kennedy arched dramatically backwards.” (NOVA Cold Case: JFK, 2013) However, as Donald Thomas explains, “Sturdivan’s postulate suffers from a patently anomalous notion of the anatomy. In any normal person the antagonistic muscles of the limbs are balanced, and regardless of the relative size of the muscles, the musculature is arranged to move the limbs upward, outward, and forward. Backward extension of the limbs is unnatural and awkward; certainly not reflexive. Likewise, the largest muscle in the back, the ‘erector spinae,’ functions exactly as its name implies, keeping the spinal column straight and upright. Neither the erector spinae, or any other muscles in the back are capable of causing a backward lunge of the body by their contraction.” (Thomas, p. 341) Not only is the reaction that Sturdivan describes highly implausible, it is also in conflict with the Zapruder film. It is quite clear from watching the film that Kennedy’s movement did not begin with an arching of the back. As the ITEK corporation noted following extensive slow motion study, his head snapped backwards first, “then his whole body followed the backward movement.” (ITEK report, p. 64)
If Sturdivan’s theory seems plausible before closer analysis, that is more than can be said for Luis Alvarez’s jet effect hypothesis. Alvarez, a Nobel Prize-winning physicist, suggested that in a similar fashion to the thrust developed in a jet engine in response to its exhaust, the explosive exiting of blood and brain matter from the right side of Kennedy’s head created a corresponding propulsive momentum in the opposite direction, pushing it backwards. He claimed to have proven his theory by firing a rifle at melons wrapped in tape which, as Ayton and Von Pein write, were “propelled backward in the direction of the rifle.” (p. 97) But, as should be immediately obvious, a melon is nothing like a human head. It weighs around half as much and so requires far less energy to set in motion. It also lacks a bone and, therefore, offers little resistance to a bullet. This means that there is little deposition of momentum and, consequently, very little force to overcome.
Alvarez first presented his theory and the results of his melon tests in the September 1976 issue of the American Journal of Physics. As author Josiah Thompson discovered a few years ago when he acquired the raw notes and photos from all of Alvarez’s tests, the physicist had kept some important information to himself. Alvarez had reported on tests performed on May 31, 1970, during which 6 out of 7 melons had recoiled “in a retrograde manner.” What he did not divulge was that there had been two earlier rounds of testing which painted a very different picture. During those earlier firings, Alvarez had used larger, heavier melons which apparently did not behave the way he wanted them to. In later tests he reduced their size by half and jacked up the velocity of his bullets to 3000 fps. Alvarez also fired at a variety of other objects besides melons. There were coconuts filled with jello which were blown 39 feet forward; a plastic jug of water which went 6 feet downrange; and 5 rubber balls filled with gelatin; all of which were blown away from the rifle. In fact, as Thompson noted during his presentation at the Wecht Institutes’ Passing the Torch symposium in 2013, “in these tests, every time they shot anything but a melon it went with the bullet. But Alvarez didn’t tell anybody that.” Nor did he disclose the fact that his JFK experiments had been funded by the U.S. Government. (Wrone, p. 103)
According to Ayton and Von Pein, “a key point that is often overlooked or downplayed by conspiracy theorists is the fact that when JFK is struck in the head with a bullet…the President’s head initially moves forward, not backward…which is consistent with the head shot coming from behind…” (p. 98) Can they be serious? Far from being “overlooked or downplayed” this alleged forward motion was actually first discovered by a “conspiracy theorist,” Josiah Thompson, who wrote about it in detail in his classic book, Six Seconds in Dallas. Thompson measured the forward movement between Zapruder frames 312 and 313 as approximately two inches and, together with the much larger backward motion, took it as evidence of two shots striking the skull almost simultaneously. However, Thompson has since realised that he made a crucial mistake.
In his online essay, Bedrock Evidence in the Kennedy Assassination, Thompson writes, “In the years since those measurements were made, I’ve learned I was wrong. Z312 is a clear frame while Z313 is smeared along a horizontal axis by the movement of Zapruder’s camera. The white streak of curb against which Kennedy’s head was measured is also smeared horizontally and this gives rise to an illusory movement of the head. Art Snyder of the Stanford Linear Accelerator staff persuaded me several years ago that I had measured not the movement of Kennedy’s head but the smear in frame 313. The two-inch forward movement was just not there.” Thompson further explained in his 2013 Wecht symposium presentation, “Since highly exposed areas; that is bright areas of the film; have a whole lot of energy to them, if the shutter is open and the camera moved, then those highly energized areas will intrude into low energized areas. It’s a basic photographic principle.” Indeed, during his presentation Thompson demonstrated how this principle affected other objects in the Zapruder film besides Kennedy’s head.
What all this means according to Thompson is that “there is no longer any solid evidence whatsoever; whatsoever; that John Kennedy was hit in the head from the rear between 312 and 313.” As Thompson’s co-presenter, Keith Fitzgerald, demonstrated, JFK’s head actually exhibits its fastest forward movement between frames 328 and 330, which just so happens to be precisely when the final shot from the Book Depository appears on the Dallas Police dictabelt recording if we align the Grassy Knoll shot with frame 313. This synchronization of audio and visual evidence fully supports the belief of Drs. Riley, Wecht, and Robertson that Kennedy’s head was struck by two bullets; one from the front and one from the rear.
VII
No Krazy Kid Oswald book would be complete without the obligatory gratuitous attack on Jim Garrison, so it comes as no surprise to find one in Beyond Reasonable Doubt. Although there is literally nothing new or original anywhere in the book, the chapter entitled “The New Orleans Debacle” still manages to stand out as the most outdated and ultimately worthless chapter in the entire volume. Which, as the reader can see, is quite a negative achievement. The authors make no reference to any of the numerous files from Garrison’s investigation which were made public in the 1990s by the ARRB. Or any of the official government documents detailing just how his probe was obstructed at a federal level. Instead they dust off the same tired old fabrications, half-truths and innuendoes that were long ago debunked and discredited by real researchers like Jim DiEugenio, Lisa Pease and Bill Davy.
Ayton and Von Pein launch their assault by claiming, without a shred of evidence, that the former District Attorney of New Orleans “came to prominence through corruption and a dangerous lust for publicity,” (p. 262); and by shamelessly repeating a ridiculous charge that Garrison was a “psychopath” of the “charming con artist” variety. (p. 263) With nothing of substance to support any of this garbage the authors quickly move on to the overly used Mafia smear, implying that Garrison was lenient on organized crime because of some unspecified relationship with Mob boss, Carlos Marcello. In support of this they offer a September, 1967, article from Life magazine. What they don’t tell readers is that the author of the piece, Sandy Smith, was an FBI collaborator whom the Bureau itself described as “a great admirer of the Director” who had been “utilized on many different occasions.” (Davy, Let Justice Be Done, p. 162) Additionally, one of the researchers for the article was one David Chandler; a close friend of Clay Shaw; the man whom Garrison had indicted for conspiracy to kill the President. Pointedly, the Life article offered nothing of substance beyond the “revelation” that Garrison’s tab had been picked up by management when he stayed at the Sands Hotel in Las Vegas. Garrison himself laughed off the insinuation, pointing reporters to a hefty valet and telephone bill. “Apparently I am not very highly regarded by the Mafia”, he quipped, “if they won’t even pick up my phone bill.” (Ibid, p. 153)
Ayton and Von Pein claim that Garrison’s initial investigation of the assassination “stalled when he found no evidence to support his suspicions” and that after a 1966 conversation with Senator Russell Long he “reopened his investigation immediately and found an alleged getaway pilot…David William Ferrie.” (p. 265) This is not even close to what happened.
On the weekend of the assassination, private detective and police informant, Jack Martin, had telephoned assistant DA, Herman Kohlman, to inform him of a seemingly mysterious trip to Texas that Ferrie had taken with two friends, Alvin Beauboeuf and Melvin Coffee, on the day of the President’s murder. Martin told Kohlman that Ferrie had known Oswald for some time and may have been his superior officer in the Civil Air Patrol. (HSCA Report, p. 143) When Ferrie arrived back in New Orleans on November 24, waiting police officers took him to the DA’s office for questioning. Garrison found “indigestible his explanation that he had driven through a thunderstorm to go ice-skating in Texas” and turned Ferrie over to the FBI for further questioning. (Garrison, A Heritage of Stone, p. 102) But the Bureau was not looking to find a conspiracy. So they quickly let Ferrie go without charge. Even though Ferrie committed perjury numerous times in his FBI interview. (DiEugenio, Destiny Betrayed, Second Edition, pgs. 176-77)
Three years later, his conversation with Long now made him question the efficacy of the Warren Report. Garrison again wondered about the drive through a violent thunderstorm Ferrie and his companions had taken on the evening of the assassination to go ice-skating in Texas. Of course, Ayton and Von Pein maintain that there was nothing suspicious about this trip, and they quote Beauboeuf as saying that it was not even Ferrie’s idea, it was his. (p. 269) Indeed this is precisely what Beauboeuf told the DA’s office, adding that he had planned it a week in advance and they had left around 4:00 PM. The trouble is, Coffee gave a different story. He claimed that the trip was Ferrie’s idea, that he had made arrangements a couple of days in advance, and that the trio had departed after dark, around 7:00 PM. Ferrie gave a third version of events, claiming that the trip was an entirely spontaneous affair. They had left after supper time to go ice-skating and duck hunting, each taking a shotgun along. Yet Beauboeuf and Coffee both insisted that there were no weapons in the car. (Davy, pgs. 45-46) The conflicts in their accounts understandably heightened Garrison’s suspicions. The only point that Ferris and his friends agreed on was that at some point that evening they arrived at an ice-skating rink in Houston. Intriguingly, the owner of the rink, Chuck Rowland, told Garrison’s office that Ferrie did no skating. Instead, he spent his time making and receiving calls on the public telephone. (Ibid)
Before he left for Houston, however, Ferrie had an important errand to run. As Oswald’s former landlady, Jesse Garner, told the HSCA, Ferrie turned up at her house that evening asking about Oswald’s library card. Apparently, Jack Martin had circulated the story that Ferrie’s card had been found amongst Oswald’s possessions after his arrest and Ferrie was worried that it might be true. When Garner refused to talk to him, Ferrie visited her neighbour, Doris Eames, asking if she “had any information regarding Oswald’s library card.” (10HSCA113-114) Ayton and Von Pein want this connection between Ferrie and Oswald to disappear so they withhold Ferrie’s actions from their readers and point out that the story of his card being among Oswald’s possessions was simply made up by Martin. (p. 271) But the truth of the story is irrelevant. What matters is that Ferrie himself clearly believed it was possible that Oswald had his library card, which demonstrates that he had been in contact with Oswald in the summer of 1963. And right then and there, any objective person would wonder what the rightwing, CIA affiliated Ferrie would be doing associating with the former Marxist defector.
Ayton and Von Pein admit that Ferrie and Oswald were photographed together at a Civil Air Patrol picnic when Oswald was 15 but they downplay the significance. They can get away with this because they do not reveal Ferrie’s search for his library card after the assassination. Or the fact, that Ferrie was trying to track down that photo in the wake of the assassiantion. (DiEugenio, Reclaiming Parkland, p. 152) And they do not inform readers of yet another connection between the two men. During his summer in New Orleans, Oswald had launched a one-man chapter of the Fair Play for Cuba Committee and stamped the address “544 Camp Street” on some of his FPCC leaflets. That famous address was one entrance to the Newman building, which also housed the offices of former FBI agent turned private investigator, Guy Banister. And guess who was doing investigative work for Banister in 1963? None other than David Ferrie. Not only did Oswald stamp the address of a building Ferrie was working out of on his pamphlets, numerous witnesses placed Oswald himself in Banister’s office. (see DiEugenio, Destiny Betrayed, second edition, pgs. 110-113) The fact that Oswald was associating with CIA-connected, violently anti-communist activists like Banister and Ferrie obviously suggests that his FPCC activities were a ploy; part of a plan to discredit the organization. And it is now known that both the CIA and FBI were running projects aimed at doing just that. The idea that Oswald was involved in this effort is re-enforced by the fact that his activities only resulted in embarrassing the FPCC when Oswald was eventually “exposed” as a communist during a radio debate.
Regardless, Ferrie did have an association with Oswald and, since Banister had died before Garrison began his investigation, Ferrie became the DA’s principle suspect. That is, until the investigation went public and Ferrie suddenly turned up dead. At that point, Garrison concentrated on finding the mysterious “Clay Bertrand;” a name that appears in the Warren Commission volumes thanks to the colorful testimony of French Quarter lawyer, Dean Andrews. Andrews told the Commission that he had recieved a call from Bertrand on the day of the assassination asking him to fly to Dallas to represent Oswald. According to Ayton and Von Pein, this was just “one version of Andrews’s story. In another, he told the FBI the whole thing had been a hoax.” (p. 266) In actual fact, as Andrews testified for the Commission, he had been pressured by the FBI to the point that he told them to “Write what you want, that I am nuts. I don’t care.” Which is precisely what the Bureau did. Despite the fact that Andrews’s secretary, Eva Springer, and his employee. R.M. Davis, both confirmed that Andrews had told them about the Bertrand call on the weekend of the assassination. (Davy, pgs. 51-52)
Ayton and Von Pein do not care about such facts, though, they just want to pretend that Bertrand either did not exist or had nothing to do with Oswald and the assassination. Needless to say, they choose not to tell readers that FBI agent Regis Kennedy confirmed under oath at the trial of Clay Shaw that he been seeking a Clay Bertrand in connection with the assassination before the FBI had even spoken with Andrews. (Ibid, p. 194) The truth is that Clay Bertrand most defintely existed and his real name was Clay Shaw. As declassified documents have revealed, the FBI knew this to be true at least as far back as February, 1967. One particular memorandum, dated March 2, states, “On February 24, 1967, we recieved information from two sources that Clay Shaw reportedly is identical with an individual by the name of Clay Bertrand…” Another, dated March 22, reports that “three homosexual sources in New Orleans and two homosexual sources in San Francisco have indicated that Clay Shaw was known by other names including Clay Bertrand.” (Ibid, p. 193)
Like just about everyone else who appeared on Garrison’s radar, Shaw was heavily connected to the CIA. Ayton and Von Pein recite the apologists mantra that Shaw was just one of many normal businessmen who supplied information to the Agency’s Domestic Contacts Service. Unfortunately for the authors, at the 2013 Wecht Symposium, author Joan Mellen presented a newly discovered internal CIA document which states in black and white that “Clay Shaw was a highly paid CIA contract source until 1956.” His relationship with the Agency clearly extended for quite some time past 1956, however, as other documents show that he retained a covert security clearance until at least March 16, 1967. (Ibid, p. 195) Unfortunately for Garrison, he could not prove this at the time and it hurt his case because it left him unable to provide a motive for Shaw to participate in a conspiracy.
One thing Garrison could and did prove is that Shaw was seen in the company of Ferrie and Oswald when the trio made visits to the small towns of Clinton and Jackson, Louisiana in the summer of 1963. The witnesses to these appearances remain as credible and convincing as ever despite numerous attempts to make them appear otherwise. Ayton and Von Pein have little choice but to suggest that they were all liars and; relying on a far-fetched conspiracy concocted by Garrison-basher, Patrica Lambert; write that the Clinton witnesses “embellished the truth” and “conspired to invent stories…” (p. 277) This is laughable idiocy. The Clinton-Jackson folk whom Lambert suggests were plotting together included both right-wing whites; some of whom were actually Klansmen; and oppressed blacks! It also included the two children of State Representative, Reeves Morgan. How on Earth did these folks all come together? And to what end? It boggles the mind. As Jim DiEugenio recently noted, “…to propose that dozens of witnesses, young and old, white and black…all lied for Jim Garrison is simply a non starter.”
Although Garrison had a number of witnesses who could place Shaw with Ferrie and Oswald, he only had one whose testimony directly implicated Shaw in the assassination. A young insurance salesman named Perry Russo said that he attended a gathering at Ferrie’s apartment in September, 1963, where Shaw, Ferrie, “Leon” Oswald and some Cubans discussed the assassination. Ayton and Von Pein give us the usual spiel that Russo did not begin talking about the so-called “assassination party” until after he was administered Sodium Pentathol (commonly known as “truth serum”) and hypnotized. But this claim was flatly disputed under oath by both Russo and the assisstant DA who first interviewed him, Andrew Sciambra. (DiEugenio, Destiny Betrayed, second edition, pgs. 218, 246)
The authors also allege that “At the time of the Shaw trial, Russo had second thoughts about his testimony…refused to repeat the fabrication about the Ferrie party” and “recanted” to Shaw’s lawyers. (p. 280) This is unmitigated nonsense. At Shaw’s trial, Russo spent two and a half days on the stand repeating and defending the testimony he gave at the preliminary hearing. It was almost two years after the trial was over, whilst Garrison was rightly attempting to prosecute Shaw for perjury, that Russo approached Shaw’s lawyers. From the time of Shaw’s arrest, Russo’s integrity had been under attack and he came to feel that his involvement in the case had ruined his life. Consequently, he told Shaw’s lawyers that he no longer wished to testify for either side. But he never said that the assassination discussion at Ferrie’s had not happened. His “recanting” really only amounted to saying “Not really” when asked if he was positive that Shaw was Bertrand. And this was after Shaw’s lawyers threatened to make an issue of Russo’s sexual proclivities. (Joe Biles, In History’s Shadow, p. 123)
The veracity of Russo’s account, and Shaw’s participation in the assassination, will likely be debated forever. At the end of the day, the jury at Shaw’s trial did not believe that Russo’s testimony alone was enough to prove Shaw’s guilt beyond a reasonable doubt. But this in no way, shape, or form indicates any wrongdoing by Garrison and his staff. Garrison had every reason to believe Russo, especially after he attempted to verify Russo’s account using Sodium Pentathol and hypnosis. Lone nut authors like Ayton and Von Pein like to repeat claims made by Walter Sheridan and NBC that Garrison’s staff bribed and intimidated witnesses and used “other questionable tactics.” (p. 267) Yet all of these ridiculous allegations were long ago proven to be completely false. In fact, the unehtical witness intimidation and bribery was done by Sheridan, NBC, Hugh Aynseworth and James Phelan: all allies of Clay Shaw. (See the second edition of Destiny Betrayed, pgs. 237-55, for a long and detailed expose of these matters.) Garrison noted in his famous 1967 interview for Playboy magazine that the entire purpose of such charges was “to place our office on the defensive and make us waste valuable time answering allegations that have no basis in fact.” This still holds true today as false allegations of improprieties by Garrison’s office provide Warren Commission apologists with a useful tool to distract others from the valuable facts the DA uncovered.
Ayton and Von Pein seem to be implying that Garrison violated Shaw’s rights when they say that he “leaked details of the case” and “presented his findings on ‘The Tonight Show Starring Johnny Carson’”. (Ibid) Yet one of the very first things Garrison said to Carson during his appearance on the show was “I wish you’d also ask me any questions, of any kind that occur to you, as long as they don’t touch on Mr. Shaw. I haven’t made a comment about Mr. Shaw since the day we arrested him, and I don’t intend to talk about him.” The authors also recite the age-old smear that Garrison “had not brought the case of Shaw to trial to solve the assassination, but to further his own ambitions.” (p. 283) Which makes very little sense. Garrison provided an eloquent response to this in his Playboy interview: “…I’m inclined to challenge the whole premise that launching an investigation like this holds any political advantages for me. A politically ambitious man would hardly be likely to challenge the massed power of the federal government and criticize so many honorable figures and distinguished agencies…why would I climb out on such a limb and then saw it off?…I was perfectly aware that I might have signed my political death warrant the moment I launched this case; but I couldn’t care less as long as I can shed some light on John Kennedy’s assassination.” In reality, Garrison threw away a very promising political career in pursuit of the real facts about Kennedy’s death. One that very likely would have led to the governor’s office. (DiEugenio, Destiny Betrayed, seocnd edition, pgs. 169-74)
The truth is that the too-trusting, sometimes gullible Jim Garrison did make some serious mistakes, and there are a number of legitimate criticisms than can reasonably be made of his investigation. But you will not learn of any of them from reading Beyond Reasonable Doubt.
VIII
This review could go on and on. But pointing out everything that is wrong with, or missing from, Beyond Reasonable Doubt would require an encyclopedia-size book of its own. And there is no need because it has already been amply demonstrated above that Ayton and Von Pein care little about the truth. They have an agenda, a theory to push, and like all theorists they deal only in what is convenient to them. In the process, they repeatedly make blatant hypocrites of themselves. The authors stand on their soapbox, yelling about how “conspiracy advocates…have continually abused the evidence in the case” and “mispresented the facts through selective use of witnesses”. (p. 348) But, as I have shown time and again above, these are the very tactics they themselves employ throughout their tedious, unoriginal, and uninformative volume.
As I have tried to make clear in this review, Ayton and Von Pein prove themselves to be masters of cherry-picking and misrepresenting evidence. Further examples could be gleaned from just about any page of their book. For instance, in their treatment of the Single Bullet Theory, they allege that “All wounds to both men [JFK and Governor Connally] are perfectly consistent with the Single-Bullet Theory” (p. 90). But they are witholding the fact that the throat wound was missed at autopsy and the emeregncy room doctors who did see it said that it appeared to be consistent with an entrance wound. The authors further state that “All three…wounds on JFK and Connally line themselves up in such a fashion on the bodies to give the general appearance that they could have all been caused by just a single missile…” (Ibid) What they do not admit is that, although the precise location of the back wound was not recorded by Kennedy’s pathologists, experts agree that it was anatomically lower than the hole in the throat. Or that the diameter of the back wound was larger than the throat wound. And nowhere in Ayton’s and Von Pein’s defense of the indefensible SBT is there any mention of the fact that the only physical inspection of the back wound ever conducted indicated that it was shallow and with no point of exit.
As well as all the selectivity and misrepresentation, the authors show themselves to be more than willing to stoop to the construction of straw man arguments. For example, they write that multiple gunmen in Dealey Plaza is “very unlikely from the popular ‘Oswald was framed as the patsy’ perspective. Would any conspirators have deliberately been so foolhardy and utterly reckless as to fire several bullets into JFK’s body…and yet still expect every last scrap of ballistics evidence to get traced back to only Lee Harvey Oswald’s rifle..?” (pgs. 91-92) The reason this qualifies as a straw man argument is because it conflates the conspiracy to kill Kennedy with the conspiracy to cover it up. We have no reason to believe that the two were orchestrated by the same people and no reason to believe that Kennedy’s killers wished to hide the existence of a plot. In fact, there is a general consensus among sensible researchers that those responsible for the assassination may have wanted it to appear as if Oswald was part of a hit team organized by Fidel Castro. And the fear of what might happen if word should get out that Castro killed Kennedy is what led to the cover-up and the creation of the lone nut legend.
Perhaps the most troubling thing about Beyond Reasonable Doubt is that it tries to push the notion that Lee Harvey Oswald should be treated as guilty until proven innocent. In the final chapter, Ayton and Von Pein try to outdo the prince of hyperbole, Vincent Bugliosi. The authors actually state their absurd belief that “not a ‘scintilla’ of evidence has been found which would call into question Lee Harvey Oswald’s guilt, beyond all reasonable doubt.” (p. 346) Not only is this statement laughably wrong on a factual level, the attitude behind it is one that attempts to turn the American judicial system on its head. Had Oswald lived to face trial, he would have been legally entitled to a presumption of innocence until proven guilty. In death, the Warren Commission and its acolytes have attempted to strip him of that right. Yet the cold, hard fact remains that no one has ever come remotely close to proving Oswald’s guilt beyond a reasonable doubt; least of all Ayton and Von Pein.
What do the authors offer? They give us the testimony of Howard Brennan; a man who failed to pick Oswald out of a line-up and admitted that his own recollection had been clouded by outside influences. They give us an old, dry palm print and some fibers on the rifle that may or may not have come from a shirt Oswald was probably not wearing at the time of the assassination. And they offer a highly contradicted, uncorroborated, and probably false claim that fragmentary fingerprints on the rifle could be matched to Oswald’s prints. In the end, their entire case rests on the dubious claim that the rifle found on the sixth floor belonged to Oswald. Yet assuming that to be true; which is a big assmumption–what does it actually prove? Would it not make sense for someone wishing to set Oswald up to use a rifle traceable to him? The inarguable fact is that Oswald did not have the rifle in his posession for at least two months leading up to November 22, 1963, and nobody can vouch for its whereabouts during that time.
As former Dallas Police Chief, Jesse Curry, candidly admitted to the Dallas Morning News in 1969, “We don’t have any proof that Oswald fired the rifle, and never did. Nobody’s yet been able to put him in that building with a gun in his hand.” This statement remains as true today as it did in 1969, whether Ayton and Von Pein like it or not. In the words of attorney Jeremy Gunn “…there is just no question that [Lee Harvey Oswald] is not guilty beyond a reasonable doubt.”
(Editor’s Note: Ayton and Von Pein rely on the work of Michael O’Dell to discredit the HSCA’s acoustics evidence of a second gunman. Don Thomas had at one point indicated he would publish an appendix to this review showing the “faults” in that work; in the meantime, one may refer to Thomas’s 2001 article, “Echo correlation analysis and the acoustic evidence in the Kennedy assassination revisited”, published in the peer-reviewed Science & Justice.).
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Philip Shenon’s Crap Detector
Shortly after Ernest Hemingway won the Nobel Prize (1954), Time Magazine writer Bob Manning visited him in Cuba to do a cover story interview. A decade later, Manning joined The Atlantic Monthly. He revisited his notes and published “Hemingway in Cuba” in the August 1965 issue of that periodical. One remembrance from that piece was Hemingway’s notion of fiction writing as “to produce inventions that are true.” Hemingway elaborated: “Every man should have a built-in automatic crap detector (…) If you’re going to write, you have to find out what’s bad for you.”
Philip Shenon, a veteran investigative journalist who spent most of his career at The New York Times, uses this machine for nonfiction writing on the JFK assassination. But in reverse, as a way of bringing forward the detected crap as good arguments for supporting his nonsensical hypothesis. Which is, “Oswald did it, Castro helped.”
After Shenon’s crap detector worked flat out in A Cruel and Shocking Act (Henry Holt and Co., 2013), it is now doing overtime in the new paperback edition of the book by Picador (2015). From its afterword Shenon has just drawn an essay, “What Was Lee Harvey Oswald Doing in Mexico?” (Politico Magazine, March 18, 2015). Here Shenon does his, by now, usual high wire balancing act about how the Warren Commission was not really fraudulent or wrong, it just did not have all the facts it should. And therefore “historians, journalists and JFK buffs…would be wise to look to Mexico City.” What balderdash.
Why? Because Shenon deliberately ignores all the sound and provocative investigations that have been conducted about Mexico City since the creation of the declassification process by the Assassination Records Review Board. These inquiries would include, among others, the integral and seminal “Lopez Report” done for the House Select Committee on Assassinations, John Newman’s work in Oswald and the CIA, John Armstrong in his book Harvey and Lee, Jim DiEugenio in the second edition of Destiny Betrayed and Bill Simpich in State Secret. All of these authors; along with the most recent investigator, David Josephs–get the back of Shenon’s hand. As if nothing they produced has any relevance at all to the mystery of what Lee Harvey Oswald was doing in Mexico City; or if he even went there. Because, as both Josephs and Armstrong conclude, he did not; at least not the way the Warren Commission and FBI say he did.
Which brings up another dubious point about Shenon’s piece. In it, he writes that the FBI never adequately investigated Oswald’s voyage to Mexico City. This is simply not true. With ample evidence, both John Armstrong and David Josephs demonstrate that the FBI did investigate this aspect of Oswald’s life as well as they could. The problem was that the evidence trail they found was so full of holes, and so patently falsified by both the CIA and the Mexican authorities that it was almost made to fall apart upon any rigorous review. To use just one example: to this day, no one knows how Oswald even got out of New Orleans to Houston on the first leg of his journey. Or when he actually left the Crescent City. Its not that the FBI did not investigate this aspect. They did. But they could not find any ticket made out to Oswald from New Orleans to Houston or New Orleans to Laredo, which is where the official story has Oswald headed after Houston. The FBI did an extensive check on the two bus lines that could have gotten Oswald out of New Orleans after he closed his post office box and cashed his unemployment check. They could not come up with anything to substantiate Oswald’s travel to Houston. (See Commission Document 1553, based upon Bureau investigation by agent Stephen Callender.)
Or how about this one by our New York Times veteran. He writes that the CIA had Oswald under surveillance in Mexico City. If that is the case then why, when the FBI got the audiotapes of Oswald in Mexico, the tapes did not match Oswald’s voice? (James DiEugenio, Destiny Betrayed, Second Edition, p. 357) And why has the Agency never been able to produce a photo of Oswald entering the Cuban or Soviet embassies there? Why did they send a photo of a person who was clearly not Oswald to the Warren Commission? And why did the Commission then print it in its volumes? (ibid, p. 354) Shenon tries to cover up this lacuna by saying that there is evidence some people saw a photo, and maybe station chief Win Scott saw a photo of Oswald in Mexico City at the time. For instance, if Mexico City station chief Win Scott saw a photo of Oswald why did he then not show it to David Slawson and Bill Coleman of the Warren Commission, when they visited him? They were there for that express purpose: to inquire about Oswald’s activities in Mexico City. (ibid, p. 360)
Shenon fails to point up the reason we know about all these problems in the evidentiary record about Oswald and Mexico City. We know about them because of the work of Dan Hardway and Ed Lopez of the House Select Committee on Assassinations. While preparing their 300-page report about Oswald in Mexico City, they found the work of Slawson and Coleman to be completely inadequate. They then got access to the CIA cable traffic record to and from Mexico City for the period of September,1963 to November 22nd. This is something the Warren Commission never even thought of doing. Their report is largely based upon that traffic; along with the records of the raw data as produced by the CIA’s electronic and photographic surveillance of the two embassies. This latter record, is again, something that Slawson and Coleman never even approached as evidence while they were there. This is why, in the Warren Report and in the Slawson-Coleman report, one comes away very puzzled over two further lacunae. Neither source record mentions either David Phillips or Anne Goodpasture. Both of these people had cleared access to the surveillance raw data out of the embassies. And there is evidence that both of them helped falsify the record of Oswald allegedly being there. (ibid, pgs. 354-55) If Slawson and Coleman had done their jobs correctly this information and falsification could have been caught back in 1964. Shenon does not mention these facts.
Nor does Shenon measure Slawson’s hoary canard about how any plot could not have been a far flung or complex one since Oswald did not get his job at the Texas School Book Depository until October, and the motorcade route was not announced until November. Shenon ignored the facts that the first announcement about Kennedy’s trip to Texas was made April 23, 1963. It was made by Lyndon Johnson in Dallas and reported in the Herald Tribune the next day. This was echoed with a specific note to Kennedy from a local Dallas resident already working on the visit. Again, Dallas is mentioned in the note dated June 12, 1963. There is also a story in the same paper in September which also states Kennedy will be coming to Dallas. Further, people organizing the visit that fall knew it would have to be late in November due to scheduling problems. In other words, maybe be Commission was in the dark about this, and the public. But not people in the White House, advance man Jerry Bruno, or the business and political elite in the Dallas-Fort Worth areas. (See the online essay “Why JFK Went to Texas” by Joe Backes) Further, Shenon fails to mention that the failed Chicago plot to kill JFK mirrored, in its design and mechanics, the successful Dallas one. If that is not complex planning in advance, I don’t know what is. (See Jim Douglass, JFK and the Unspeakable, pgs. 202-18) Could Castro have really done all of this maneuvering in two cities?
Instead our intrepid NY Times veteran peoples his mission of twisting conspiracy “facts” against Castro with the following “experts:”
– Thomas Mann, U.S. Ambassador in Mexico; who “suspected” and “was under the impression…”
– Winston Scott, CIA Chief of Station in Mexico City, who also “suspected…”
– David Slawson, WC investigator, who “believes” and has another “suspicion…”
– Clarence Kelley, FBI Director, who “came to believe”
– William Sullivan, FBI Assistant Director, who “admitted huge gaps” in the record
– David Belin, WC staff lawyer, who “came to believe…”
– Charles William Thomas, U.S. diplomat, who “was told by a friend…”
– And finally, “people who suggest that Oswald had many more contacts with people in Mexico City who might have wanted to see JFK dead…”
Let’s summarize. None of the Shenon’s sources brought a single quantum of proof for turning plausible his Castro hypothesis. Their suspicions, impressions, beliefs, admissions, second-hand tales, and suggestions are linked to long-ago debunked stories. For sticking with them along the substantiation of his hypothesis, Shenon must concoct, among others, these facts:
“Oswald had visited Mexico City (…) apparently to obtain a visa that would allow the self-proclaimed Marxist to defect to Cuba.”
Knowing that appearances deceive, Shenon fabricates this one to get around the fact; proven by both CIA transcripts of taped phone calls and eyewitnesses at the Cuban Consulate; that “Oswald” asked the Cubans for an in-transit visa with the declared intention of going to the Soviet Union. For defecting to Cuba, he would have only needed to say it at the spot. Shenon simply hides that Marxist Lee in Mexico City perfectly blends with Castroite Harvey in New Orleans due to a CIA-FBI joint operation to discredit the Fair Play for Cuba Committee (FPCC). As Jim DiEugenio discusses in Destiny Betrayed Oswald was not connected with Castro, but with the CIA and anti-Castro Cuban exiles. (See especially pgs. 101-66)
“Oswald’s six-day trip to Mexico was never adequately investigated by the CIA… and the State Department.”
Shenon is correct here. But not in his nonsense that the plot to kill Kennedy was hatched in Mexico by Castro agents, and the U.S. agencies covered it up to avoid World War III. The cover up by the CIA started before the assassination, as John Newman has so thoroughly established since Oswald and the CIA. When CIA officers like James Angleton began to bifurcate the Oswald file in advance of the trip to Mexico. (See Newman, p. 393)
“And in fact, lots of evidence has accumulated over the years to suggest [it] would be wise to look to Mexico City.”
Shenon is writing as if the HSCA’s Mexico City Report, also known as the Lopez Report (1978) wouldn’t have been almost fully declassified in 2003. It provides lots of collusion going on with the CIA in regard to Oswald in Mexico City, from phony cables to senior officers blatantly lying on facts as they were happening before the JFK assassination. It’s almost as if Shenon does not want the reader to know about this bombshell report.
“Much evidence about Oswald’s Mexico trip; including CIA tape recordings of wiretaps of Oswald’s phone calls in Mexico; never reached the [Warren] Commission.”
That’s half-true. These tapes not only never reached the WC, but also have been never produced by the CIA, even though their transcripts were found. Since the CIA remained silent before the assassination about calls indicating that Oswald had been impersonated, no tapes at all is a conspiracy fact; as Gaeton Fonzi crystal clearly explained in The Last Investigation (Thunder’s Mouth Press, 1993; that turns Shenon’s hypothesis into excrement. (See Fonzi, p. 294)
“If Oswald openly boasted about his plans to kill JFK among people in Mexico, it would undermine the official story that he was a lone wolf whose plans to kill the president could never have been detected by the CIA or FBI.”
FBI super spy Jack Childs reported on his mission (SOLO-15) to Cuba in March 1964 that Castro himself had told him: “When Oswald was refused his visa at the Cuban Embassy in Mexico City, he acted like a madman and started yelling and shouting on his way out, ‘I’m going to kill this bastard. I’m going to kill Kennedy’.” Shenon recycles this discredited report and magnifies such an outburst; at the Embassy, not at the Consulate; as an assassination plan. Even though the HSCA already put the issue to rest in its Final Report (1979): “Nothing in the evidence indicated that the threat should have been taken seriously, if it had occurred, since Oswald had behaved in an argumentative and obnoxious fashion.” (italics added) And, in fact, as both John Newman and Arnaldo M. Fernandez have shown, it likely did not happen. (See section six of the following review for details, http://www.ctka.net/reviews/shenon.html)
Shenon’s “Oswald did it, Castro helped” must match with the notorious fact that a former Marine, re-defector from the Soviet Union, who had openly engaged into pro Castro activism in New Orleans, according to Shenon, this man was spotted by the CIA in Mexico City on September 27, 1963, as soon as he visited the Cuban and the Soviet diplomatic compounds. Since the CIA and the FBI missed him as a security risk in Dallas by the time of JFK visit, Castro could have helped the killing only in a conspiracy of silence with the CIA. Thus, Shenon’s crap detector didn’t find out what’s good for him.
“State Department and CIA records declassified in recent years show that the agencies rebuffed Thomas in his requests for a new investigation.”
That’s another half-truth. Thomas’ request was rebuffed on the grounds that the subjacent story; told by his friend, Mexican writer Elena Garro; was mere crap, like all the other allegations of red conspiracies in Mexico City made by Gilberto Alvarado, Pedro Gutierrez, Salvador Diaz-Verson, Vladimir Rodriguez Lahera, Antulio Ortiz Ramirez, Marty Underwood… etc. Shenon interweaves some of these, and other inventions that are not true, in order to arrive beforehand at a fact-free analysis on the Castro connection. As Hemingway told Manning, “no good book has ever been written that [way].” Accordingly, Shenon’s latest essay on the JFK assassination is another cruel and shocking act against his readership. But before leaving it at that, let us add one other pertinent and disturbing fact about Shenon and his latest diversion from the truth.
Why did he write such a book? In his original 2013 edition, Shenon wrote that his inspiration for writing the volume was a call he got from a junior counsel to the Commission. Once he agreed to the project, this unnamed counsel then got him in contact with the other surviving staffers. According to researcher Pat Speer, the mysterious caller was none other than Arlen Specter, Mr. Single Bullet Theory himself. Since Specter died in 2012, and Shenon’s book was first published in 2013, it turns out that; via Shenon–the Philadelphia lawyer was continuing the JFK cover up from his grave.
with Jim DiEugenio
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Jean Davison: Update
Since Jean Davison posts regularly at JFK Facts, both Leslie Sharp and myself placed a link in two of the threads there to my review of her book. The idea was to remind the other posters that contrary to what she leads people to think, Davison almost never tells a complete story on any issue. And secondly, even though she wrote a biography about Lee Oswald, it does not appear that she ever went anywhere to conduct new, firsthand research. It does not even appear she went to Dallas. Leslie asked her that question; did she go to Dallas–and Jean failed to answer. This is a huge failing in her (largely derivative) book.
But in her usual charming and delicate manner, Davison now fired back. She called my review of her book a “train wreck.” Why? Because unlike what I wrote, she maintains that she never actually said that Oswald learned Russian in the marines. Let us examine her complaint in its proper context.
First of all, I wrote a 21-page review of her book Oswald’s Game. I analyzed it in almost all of its aspects: methodology, sources, use of original material (of which there was none), and most of all, her selectivity about facts. That is, what she chose to leave out that was already in the public domain. Therefore, she had to have known about it. In all of those 21 pages, this language issue is all she could come up with as a complaint about my review. That means I had a pretty good batting average. Well over .900.
And even on that, she is not being forthcoming or candid. In a purely technical sense, she does not say in the book that Oswald learned Russian in the service. But here is the problem with her defense: that is what the book clearly implies. Consider this quote: “Lt. Donovan…thought Oswald subscribed to the Russian newspaper to learn the language and get another view of international affairs.” (Davison, p. 76, italics added) Even before that, she herself writes that, after his court-martial, “it was during this period that Oswald began studying the Russian language.” (p. 73)
Most objective readers would say these statements clearly suggest Oswald was learning Russian in the service. Especially in light of my next point: she provides no other opportunity or alternative for the Russian language acquisition in her text. So what else is one to think?
But today, Davison says this is all wrong. She now refers us to the Warren Report, which says that Oswald spoke little Russian once he arrived in the USSR. In other words, now she says that he acquired the language while in Russia. This information is from posts she made in 2014. They are not in her book. Therefore, the deduction I previously made is completely justifiable based on what is in Oswald’s Game. So for her to say that my review was somehow faulty because of that, such a tenet is simply bogus. Especially since she brought up no other specific point of contention with the review. Which means she had to bring up something, so she had to stretch for this.
But, in fact, even the Warren Report says Oswald studied the Russian language in the service. (WR, p. 391) Nevertheless, to further her new argument, she says that when Oswald went to Minsk he was at first assigned a Russian tutor. This is a gross exaggeration, which further illustrates her looseness with the record. The “tutors” were his Intourist guides, the girls hired to serve as the Soviet travel service escorts. How skilled could they be in teaching Russian? (WR, p. 697)
Anyway, today Davison has a new argument about the issue. Namely that Oswald did not really acquire the language until he got to the Soviet Union. Let us dissect this Davisonian drivel. There are four pieces of evidence which seriously undermine what she now proposes. First, back in 1974, Harold Weisberg unearthed the transcript of the Warren Commission’s January 27, 1964 executive session meeting. That meeting contains a reference by Chief Counsel J. Lee Rankin to the Commission’s efforts “to find out what he [Oswald] studied at the Monterey School of the Army in the way of languages.” (Philip Melanson, Spy Saga, p. 12) Note, Rankin did not say if Oswald studied there. He said he did study there.
Secondly, back in 1994 this writer interviewed Dan Campbell. In going over his military career, he said that he was a highly skilled marksman. He was so good that he did exhibitions throughout the country. He once did one in Santa Ana. It went over quite well and he stayed late. He then asked the officer in charge if he could stay over that night. The man replied sure he could and led him to the barracks. He pointed at a bed and said words to the effect, sleep here, this Oswald guy is almost never here. (Campbell remembered the name because he had been in an orphanage with Oswald as a youth.) This provides an opportunity for Oswald to have been at Monterey, directly north on the California coast.
Third, there is evidence in the Commission volumes that undermines; as it often does; what is in the Warren Report. (Or Davison’s selective reading of it.) As Jim Garrison so memorably wrote in his book, On the Trail of the Assassins, he was shocked when he learned that Oswald was being tested in the Russian language while in the service. In front of the Commission, Lt. Colonel Allison Folsom was reading from Oswald’s military records on a Russian test he took while at El Toro Marine base in California. As Garrison so memorably wrote:
In all my years of military service during World War II-and since; I had never taken a test in Russian…In 1959, when Oswald was taking that exam, I was a staff officer in the National Guard in a battalion made up of hundreds of soldiers. None of them had been required to show how much Russian they knew. Even on that night in 1966 when I read Colonel Folsom’s testimony I was still in the military service; by now a major; and I could not recall a single soldier ever having been required to demonstrate how much Russian he had learned. (pgs. 22-23)
Garrison concludes that Russian is not taught to soldiers if they are genuinely part of the combat duty regiment they are assigned to. Oswald was supposed to be involved with anti-aircraft and radar duties, “A soldier genuinely involved in anti-aircraft duty would have about as much use for Russian as a cat would have for pajamas.” (ibid)
Finally, there is the Rosaleen Quinn testimony. After taking the test mentioned by Garrison and not doing well on it, Oswald’s Russian skills greatly improved. Shortly before he left the service a friend of his arranged a meeting with his aunt, Rosaleen Quinn. Quinn had been studying the language for over a year in hopes of getting a State Department job. She actually did have a tutor; not a travel guide– who worked with her for over a year. The two spoke in Russian over dinner for two hours. Quinn later said, “Oswald spoke Russian better and more confidently than she did.” (Melanson, p. 11) Quinn’s testimony, by itself, demolishes the idea Davison is now trying to sell: that somehow Oswald did not learn Russian until after he defected.
The more interesting question is: Why does Davison try and market such a ridiculous idea? As I noted in my review, one thing that Davison attempts throughout Oswald’s Game is to keep Oswald out of the clutches of the intelligence community e.g. CIA, FBI, ONI. If you deliberately ignore all of the above evidence, and say he didn’t really acquire Russian until after he defected, that is one way of achieving your agenda. The problem is that this notion is not supported by the facts, and is easily discredited by the record. After all, two hours of speaking pure Russian seems to indicate some degree of fluency. And the fact that Oswald improved between the time of his test and his meeting with Quinn clearly suggests he was getting instruction somewhere.
In going through Oswald’s Game again for this update, the book seems even worse on the third go round than the first two. For instance, Davison uses the usual crew of witnesses to paint Oswald as a sociopathic Red: Marina Oswald, Ruth and Michael Paine (especially the latter), and Kerry Thornley. In no instance does she ever advise the reader of any of the liabilities of these witnesses. For instance, Jim Garrison indicted Thornley for perjury in 1968. Thornley denied being seen with Oswald in New Orleans in the summer of 1963. Thornley’s testimony seems very strained today. There are just too many credible witnesses who say they saw the pair together. (See Joe Biles, In History’s Shadow, pgs. 193-97) Since Davison never left her living room to do research on her book, I would be willing to wager she was not even aware of this indictment, or the witnesses against Thornley.
But here is the bottom line about this obsolete and useless book: Davison could care less if she left out important data about Oswald. Even though she was writing a book about him. Why? Because although her book pretends to be a biography of Oswald, it really is not. After all, if she had really been interested in the man, and not the caricature the Warren Report published, she would have left her house a few times and visited New Orleans or Dallas or New York. She never went to these places because she had no interest in researching the man.
And we have this in her own words. She wrote that “He complains that I didn’t interpret the evidence the same way he does, didn’t mention all the points he would have mentioned. Well hello? Does he think I agree with him about the assassination?”
I would be remiss if I did not comment on the first and last parts of her response.
First, there was little if any argument about “interpretation of evidence” in my critique. I was clear in my adverse comments. I critiqued her for her lack of new evidence, her lack of any field investigation, her use of highly controversial sources, her highly selective use of dubious pieces of evidence and testimony, and her consistent and almost rigorous avoidance of better evidence that would vitiate that dubiousness. To point up two examples of the last: She used Jack Ruby’s Warren Commission polygraph test to attack Mark Lane. But she ignored the HSCA report showing that the FBI broke so many protocols of polygraph technique in that the test that it is worthless today. Second, she tries to say that since some witnesses say it was Guy Banister in Clinton/Jackson, and not Clay Shaw, that these witnesses are confused. If she had used the primary documents available to her at the AARC, she would have seen that this was a myth. The witnesses identified Shaw as the driver of the car, not Banister. Instead she was using James Phelan anti-Garrison spin.
Unlike her diversionary claim, these are not matters of interpretation. They concern the search for the best evidence about key parts of the case. Which is something, as I showed, she repeatedly failed to do.
Her last sentence, about agreeing with her about the assassination, says everything the reader has to know about Oswald’s Game. Like the Warren Commission, Jean Davison made up her mind about the Kennedy murder before she wrote her book. And her biography then followed what she thought about the murder. Which is putting the cart before the horse. If one was really looking to write a book about Oswald’s life, one’s opinion about the assassination should remain out of the equation. A good biographer would never do that. In fact, a good biographer probably would not even discuss that controversy if he were really interested in telling the truth about Oswald. Because he or she would want his work independent of that matter to stand on its own.
As I proved, such is not the case here. It’s not even close. Jean Davison had an agenda from the minute she picked up her pen. One she had been nursing for many years. And not only was she out to nail that dirty commie Oswald, she was also out to smear all those loony writers who thought he was innocent. In an Orwellian stroke she calls such persons who believe the Commission was wrong–which is hundreds of millions of men and women all over the world; Conspiracy Thinking. And she exemplifies the work of those writers with the examples of David Lifton’s Best Evidence, and Michael Eddowes’ The Oswald File. (See Davison pgs. 269-92)
Anyone who can exemplify the work that had been done on the Kennedy case by 1983 with those two books simply cannot be trusted. For the simple point that those works do not at all represent anywhere near what the consensus was on the case back then or now. This is the kind of cheap trick that someone like Ron Rosenbaum would perform in one of his missions for the MSM.
Davison also tried to defend her worthless and dishonest performance in Oswald’s Game by saying it was written in 1983. It doesn’t matter when an author writes a book. Once he puts his name on it, it is his. He or she cannot run from it. But secondly, there are many books much older than hers that are still very much worth reading and using. One of which, Accessories After the Fact, is one I use all the time. But there are many others, like Seth Kantors’s biography of Jack Ruby. But Davison knows this since she lists those two books in her bibliography. Which proves she was out to demean and distort.
Among the Krazy Kid Oswald crowd, Davison’s book is somehow looked up to. In fact, John McAdams features her introduction, where she attacked Mark Lane, on his infamous web site. McAdams, of course, protects Davison from exposure by not mentioning the HSCA polygraph examination report, which, among other things, exposes Davison’s chapter as being a fraud. But alas, we now know that, in reality, Jean Davison is simply McAdams in skirts and a bouffant hairdo.
I should add one last admirer of her work. As I mentioned in the second edition of Destiny Betrayed, when David Phillips was trying to convince Vincent Bugliosi to write a book on the JFK case, he mentioned two examples to follow. (p. 364) The first, quite naturally, was CIA asset Priscilla Johnson’s Marina and Lee. The second was Oswald’s Game. In the upside down world of Jean Davison on the JFK case, it would not surprise me if she took the suspect conspirator’s recommendation as a complement.
(The author has extended a public invitation to Davison to debate her book on Black Op Radio twice already. So far there has been no response. I extend that invitation a third time here.)
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Jean Davison, Oswald’s Game
Why Jean Davison Won’t Quit: A Look Back at Oswald’s Game
“I’d like to once again say ‘thank you’ to Jean for an exemplary book, which offers up just about as good a biography on President Kennedy’s assassin as you’re likely to find.”
David Von Pein
Jean Davison published her book Oswald’s Game back in 1983. To date, it remains the only book she has ever written on the Kennedy assassination. Further, one will Google long and hard to find any articles or essays she has published on the JFK case.
Which is not to say that she is not an active participant in the Kennedy murder debate. She is. She has been a frequent poster at many forums since at least the early nineties. And she continues to do so to this day. As the reader can see from the above quote, Warren Commission zealot David Von Pein is a firm believer in the efficacy of her book. Von Pein, of course, was also a staunch advocate for Reclaiming History. His critical acumen and honesty were found lacking in that instance. As we shall see, his critical faculties are also found in abeyance in the case of Oswald’s Game. This retrospective review is meant to elucidate what Davison does today, but also to show how bereft of critical analysis the Krazy Kid Oswald Camp is.
Before I begin I wish to add a word to the lexicon. It will be the second addition from the JFK debates, after the word “Fetzering.” Fetzering; owing to former philosophy professor Jim Fetzer; usually means disagreeing by using rancor, name-calling and just plain arrogance i.e. “I think you’re wrong therefore you are.”
In rereading Oswald’s Game for the first time in over 20 years, I was struck by the author’s recurring pattern of making sweeping, but specious, generalizations with the utmost confidence and authority. Therefore I will use the term “davisonism” throughout this review to denote these occurrences of Davisonism: presumed certainty which, upon analysis, are almost always exposed as pretentious gas passing.
II
In her Introduction, Davison begins in an odd, but emblematic way. She only deals very briefly there with the assassination and the appointment of the Warren Commission. After four pages, she centers on her encounter with Mark Lane’s book Rush to Judgment. Why would she do that? Because one, of her subthemes throughout the work is to minimize and marginalize the efforts of the Warren Commission critics. As we will see, she does this through a variety of propaganda techniques. At the outset, she goes after Lane and his depiction of the testimony of Jack Ruby. Specifically, she says that Lane shortened the context of Ruby’s testimony to try and show that he was asking to leave Dallas so he could tell his whole story in Washington.
Her reply to Lane is that this is not really accurate. She says that what Lane “didn’t say however, was that the ‘tests’ Ruby wanted to take were simply a lie detector test; and the reason Ruby wanted to take one was to prove that he was not part of a conspiracy.” (Davison, p. 18, italics in original) She then continues with this: “The following month Ruby was allowed to take a polygraph test in his jail cell, and he showed no signs of deception when he denied being part of a conspiracy.” (ibid, p. 19) Thus, the kibosh is placed on Lane as representative of all critics. The message is: You can’t trust them. The subtext is: Trust me, Jean Davison. I will give you the full picture.
Thus we have the first davisonism. Since her book was written years after the House Select Committee on Assassinations published its volumes, it may be even worse than that. Because in those HSCA volumes is a report by a panel of experts on the polygraph exam given to Ruby by FBI agent Bell Herndon. That report is highly critical of Herndon and therefore impacts negatively on the credibility of Oswald’s Game. The panel concluded that Herndon’s test violated at least ten accepted practices of good polygraph technique. (James DiEugenio, Reclaiming Parkland, p. 244) These ranged from having way too many people in the room; which could lead to distractions and false readings; to actually misusing important equipment.
Another key violation by Herndon was the sheer number of questions given to Ruby. Which was over a hundred. The panel blistered the FBI agent on this point. They wrote that the number of questions “showed total disregard of basic polygraph principles.” (ibid) The problem was simple: “…the more a person is tested, the less he tends to react when lying. That is…liars become test-tired, they no longer produce significant physiological reactions when lying.” (ibid) In other words, because of the length of the test, Ruby could get away with lying without being detected. Under these circumstances, the panel said a second test should have been given as a crosscheck to the faulty technique of the first one. After all, the entire proceeding lasted over five hours. (ibid, p. 245)
The panel also said they had a real problem with how Herndon categorized the three types of questions polygraph technicians use. These are: relevant questions, control questions, and irrelevant questions. A control question is one that the operator offers up knowing the probability is high that the subject will lie about it. He does this in order to get a reading on what a lie will look like on his chart for this particular subject. Irrelevant questions are just that; questions which are not germane to the case but will give a good reading for answering honestly. The third category, relevant questions, are those asked that are germane to the case, and about which the authorities wish to know if the subject is lying about. The panel concluded that Herndon mixed up the categories for the questions. Therefore it was hard to decipher the landmarks in his chart as to what constituted deceptive criteria. (ibid, p. 245)
As I wrote about Herndon in Reclaiming Parkland:
There was a method to the madness. First, by wearing Ruby down the charted physiological responses would be less detectable. Second, by confusing the three types of questions, there would be no accurate landmarks with which to make an accurate chart.
But this was not enough for Herndon. The panel concluded that he set the Galvanic Skin Response (GSR) machine to only a quarter of its maximum reading at the beginning. This machine is sensitive to internal stimuli indicating deceptive criteria. He then actually lowered the setting. (ibid) This was the opposite of accepted practice. The setting should have never been that low at all. But it should have been raised as the test went on because of its overlong length. Because of this, the panel concluded that the GSR reading was completely useless.
All of this is quite relevant to the davisonism that Ruby showed no sign of deception when asked if he was part of a conspiracy. For instance, the panel noted that Ruby’s negative reaction to the question, “Did you assist Oswald in the assassination?” recorded the largest GSR reaction in the first test series. In other words, when Ruby was relatively fresh and the GSR was set at its highest point. To accompany that indication, there was also a suppression of breathing and a rise in blood pressure at the time. (ibid, p. 246)
Now, when one looks at the footnotes to Oswald’s Game, one will see that there are references to the HSCA volumes. But when she refers to the Ruby polygraph, she only uses the Warren Commission. (See page 304, footnotes 18 and 19) In other words, at the outset of her book, to the unsuspecting reader, it appears that 1.) Ruby was an honest person 2.) He was not a part of any plot, and 3.) The Commission was a reliable fact finding body. When, in fact, the HSCA report cited above indicates the opposite was the case for all three.
But actually, it’s worse than that. Every Warren Commission zealot, which Davison is, needs to camouflage a central part of the cover up. Namely, that the investigative agencies of the Warren Commission gave that body unreliable and incomplete information. Because, obviously, if that is so, then the Commission’s fact finding procedure can be proven to be both flawed and incomplete. Knowing what we do today about J. Edgar Hoover; through, for example, the works of Curt Gentry and Athan Theoharis; the Bureau has lost much of its reputation for honesty and objectivity. In fact, today, Hoover’s career; from the Palmer Raids to his harassment of Martin Luther King; is looked upon as a necessary aberration. It was necessary because the man was a blackmailing adder who exercised almost total control over his agency. Why is that an important point to make? Because it is not credible to assume that Herndon would have done what he did unless it was sanctioned from above. By not telling the reader about this report, or about Hoover’s character, Davison can hide that crucial point from her readers.
Which brings us to two more davisonisms. First, by beginning with this strophe, namely that the Commission was credible and its critics were not, Davison stands the revealed factual record on its head. With what we know today, in fact back in 1983 when Oswald’s Game was published, the Warren Report was a massively flawed proceeding from its inception. Actually, from before its inception. And one of its most grievous errors was relying on men like Hoover at the FBI, Richard Helms and James Angleton at CIA, and James Rowley and Elmer Moore of the Secret Service. The result was that the Commission did things like tailoring testimony, eliminating important information, and altering evidence. (Click here as to how and why)
The second davisonism that extends from this opening is her depiction of Jack Ruby. It can only be termed a whitewash. Recall, this book was written after the HSCA volumes were released and after Seth Kantor’s biography of Ruby was published. (In fact, Kantor’s book Who was Jack Ruby? is actually in Davison’s bibliography.)
Near the end of her book, she picks up Ruby again at DA Henry Wade’s infamous Friday night press conference, after Oswald had been apprehended. She admits that Ruby was in the room. (Davison, p. 246) But she leaves out two important pieces of information. First, that he camouflaged himself as a journalist. Second, that he corrected Wade as to the one-man operation Oswald was involved with in New Orleans. Wade said it was the Free Cuba Committee, and Ruby corrected him as to the Fair Play for Cuba Committee. (Kantor, 1992 edition, pgs. 101-02)
Here, Davison also adds something that is just inexplicable. In a whopper of a davisonism, she writes that Ruby was “a police buff who knew several dozen members of the local force.” This could be lifted straight from the Warren Report. (See p. 24, where they say Ruby knew maybe 50 cops) It is one reason the report has fallen into disrepute. For as Sylvia Meagher pointed out in her classic Accessories After the Fact, the Warren Report tried to “remodel Ruby” into an “antiseptic portrait.” (Meagher, p. 391) Because in the 26 volumes there was evidence that Ruby had “ties with the underworld, gamblers and hoods, [and] narcotics traffic.” (ibid) But further, Meagher asks, why was Ruby allowed to wander freely through the Dallas Police station throughout the entire assassination weekend? Once, he even got an officer’s help in paging a TV station employee. (ibid, pgs. 422, 423) Meagher also shows that Ruby had been protected in the past from being charged by the police for felonies.
The truth is that Ruby knew over half of the 75 or more cops who were in the basement when he shot Oswald. (ibid, p. 423) If we apply that ratio to the entire department, Ruby probably knew over 500 members of the force. In fact, that figure is probably too low. Ruby’s friend, Reagan Turman, told the FBI that Ruby “was acquainted with at least 75%, and probably 80% of the police officers on the Dallas Police Department.” (Commission Exhibit 1467) And as many others have written, one probable reason for this is that Ruby was a front man for organized crime when it moved into Dallas. (Meagher, pgs. 423-24) In fact, an FBI informant said that for Ruby to carry on as a courier for mob gambling, which he did, the man had to have police connections in both Dallas and Fort Worth. (FBI report of 12/6/63) This informant, William Abadie, had briefly worked for Ruby writing up gambling “tickets” as well as serving as a “slot machine and jukebox mechanic.” He went on to say he had observed policemen coming and going while acting as a bookie in Ruby’s apartment.
This could go on and on. (Click here for more on Ruby) But the point is that Davison, as with Ruby’s polygraph, is not candid with the reader about Ruby’s background and the extent of his police connections. Needless to say, she also eliminates the credible reports of Ruby being at Parkland Hospital. Which Ruby unconvincingly denied. (Meagher, pgs. 394-95)
But alas, Ruby is not the main focus of Oswald’s Game. That status belongs to Oswald. As we will now see, Davison is as biased and incomplete about him as she is about Ruby.
III
If one were going to write a biography of Oswald in 1983, one would want to make it as complete and thorough as possible. Or else, why write such a book? To make your effort as complete as you could would mean collecting as much information as possible from as many places as possible. This would mean, at a minimum, making trips to Washington, New Orleans, Dallas/Fort Worth and New York City. Washington is where the declassified record is located. Oswald had lived in the other three cities. One would also want to check up on Oswald’s military records, and interview as many former service colleagues as one could locate. And this would just be the beginning. Since, in any field investigation, leads pile up once an interview is done.
The shocking thing about Oswald’s Game is this: There is no evidence that Davison did any of the above! For instance, in her footnotes there is not one reference to either an original phone interview she did, or to an on the scene, in person interview. Which is incredible. But further, I could find no reference to any newly declassified documents she secured. The overwhelming majority of her footnotes come from four sources: the Warren Report, the Commission’s accompanying 26 volumes, Edward Epstein’s book Legend, and Priscilla Johnson’s book, Marina and Lee.
In and of itself, that tells us much about both who Davison was and is, and her book. Because, as many commentators have noted, the summary of Oswald’s life presented by the Warren Report had some serious lacunae in it. And the objectivity of Epstein and Johnson is, to put it mildly, circumspect. To be candid, they have both been credibly accused of being close to the CIA. (For Johnson, click here) In fact, Legend was written with consultation from James Angleton, who many believe today to have been Oswald’s control officer. (Click here for info on Epstein) Throughout Oswald’s Game, Davison does not say one word about any of this controversy. Why?
It’s probably the same reason she begins her book as she does. After the introduction, she spends a short chapter on Oswald’s defection. She then begins the book proper with Chapter 2. It’s titled “Marguerite’s Son.”. The chapter is an echo of Jean Stafford’s book, A Mother in History. Which most of us realize today was a laborious and demeaning exercise in which a gifted novelist was made to do a hatchet job courtesy of FBI informant Hugh Aynesworth. We must also not forget what Arlen Specter said to Jean Hill. When she resisted changing her story about hearing too many shots, Specter said words to the effect, we can do to you what we did to Marguerite Oswald. Stafford’s book; really an expanded magazine article; was an out and out hatchet job. On the cover, it showed Marguerite standing over Oswald’s grave, with the subtitle, “The Mother of the Man who killed Kennedy.”
What was Marguerite’s vice, which condemned her to brutal caricature at the hands of the Commission and Stafford/Aynesworth? They had two problems with her. She thought her son may have been innocent, and she also thought he was probably an intelligence agent. In retrospect, those two beliefs should have brought her praise for her honesty, insight, and courage. But since the politics of the JFK case are so pervasive, Marguerite had to be macheted in public. Which, no surprise, Davison has no problem with.
But there is unintentional humor to be had here. Davison is so agenda driven, so monomaniacal in her condemnation of Oswald and his mother, so obsessed with showing some kind of early personality defect Lee inherited from his mom, that she spills over into unconscious self-parody. When Oswald went to Russia, one of the things he told one of the reporters in his room at the Metropole Hotel was that he first got interested in communism when a woman handed him a pamphlet meant to save the Rosenbergs. (Destiny Betrayed, Second Edition, by Jim DiEugenio, p. 145; Davison, p. 54) Davison uses this incident throughout the book to somehow indicate that a large and latent psychic chasm was unleashed in Oswald by reading this pamphlet. For her, this is a huge milestone in Oswald’s mental evolution, one that started him down the road to murder.
Which, upon analysis, is funny. See, the Metropole was used for many state services in Moscow. As John Newman has shown, it was furnished with infrared cameras, for spying on its residents. Therefore, it’s natural to suspect it was also wired for sound. (DiEugenio, ibid) When Oswald surfaced this story about the Rosenberg pamphlet, he was trying to convince the Russian authorities to let him stay in Moscow. Clearly, by letting him hole up at the Metropole, the Russians were deciding on whether Oswald was a genuine defector, or on an espionage mission. Oswald issued many B movie platitudes trying to convince the KGB he was genuine. In one of his interviews with American journalists, he said at age 15 he became seriously interested in communism when “an old lady handed me a pamphlet about saving the Rosenbergs.” (ibid)
It was probably this statement that convinced the KGB Oswald was on a spy mission. For they then kicked him out of Moscow and sent him 450 miles away to Minsk. They set up a ring of human intel around him, and also wired his state furnished apartment for sound. (Ibid) Why? Because Oswald did not have his story straight. Oswald has to be referring here to his sojourn in the liberal New York City. Since it’s hard to believe there were Rosenberg committees in New Orleans or Dallas. But when Oswald turned 15 in 1954 he was living in New Orleans, not New York. Further, why would anyone be distributing “Save the Rosenberg” literature at that time? The couple had been executed in June of the previous year. The KGB officers watching and listening to the surveillance tapes must have been both smiling and frowning at Oswald’s performance. But Davison is so intent on indicting Oswald she presents this dead on serious. She then follows it with this davisonism:
Whether through force of example or inherited disposition, Lee Oswald had acquired an egocentricity resembling his mother Marguerite. What made the Rosenberg pamphlet memorable to him, surely was that he saw himself in it…Here he held in his hand a message that said to him: Here are allies you can identify with… (Davison, p. 56)
To the professional KGB of course, the reaction was quite different: they saw through the little playlet. But really, Davison’s five and dime story psychoanalysis based on faulty assumptions is so strained, so heavy handed, that it reminded me of Woody Allen’s hilarious mockumentary Take the Money and Run. With very few alterations, this part of Oswald’s Game could serve as a scenario for that type of film.
IV
The above points out another grave failing of Oswald’s Game. The writer’s repeated tendency to leave out important information that the reader needs in order to render an accurate judgment. As noted above, Davison is hell-bent on keeping Oswald out of the hands of the CIA. Therefore, she simply eliminates or greatly discounts key information that could lead the reader to consider that hypothesis, since it fits into a complete portrait of the man.
Consider Oswald’s acquisition of the Russian language. She says he learned it in the service on his own. I could find no reference to the executive session report of the Warren Commission in which they say Oswald was at the Defense Language Institute in Monterey, California. (Executive Session transcript of 1/27/64) That transcript was declassified through the efforts of Harold Weisberg in 1974. Ten years before Oswald’s Game was published. Some readers may think that is important information. For the simple matter that Russian is a very difficult language to learn. And it’s not credible that someone could acquire it on his own through listening to records or reading periodicals. (Davison, pgs. 73 and 76) Coinciding with this failure is the missing name of Rosaleen Quinn. In the service, a colleague of Oswald’s set up a meeting between Lee and his aunt, Ms. Quinn. Quinn had been studying for a State Department job. She had therefore been tutored in Russian for over a year. After Quinn came away from the meeting with Oswald, she said he spoke Russian at least as well as she did. Any language expert will tell you that you simply cannot become fluent in something like Russian by listening to the radio or records. You must be privately tutored or take part in classes. (DiEugenio, Destiny Betrayed, p. 131) If one combines the instruction in Russian with the defection, with the phony platitudes uttered by Oswald at the Metropole, and the KGB cynicism about him, then one could at least suspect that maybe Oswald was being prepared by the Navy to go to Russia as a false defector. But you cannot do this if you cut out Quinn, the Defense Language Institute, the difficulty in learning Russian, and the KGB suspicion and surveillance at the Metropole.
Davison also does not explain why the KGB would be suspicious of Oswald in the first place. In other words, she does not place Oswald’s defection into its proper backdrop. Oswald left the USA for Russia in the fall of 1959. Prior to 1958, American defectors to Russia had been a rather rare occurrence. In 1958, there had been four. In 1959, prior to Oswald, there had already been two of them, Robert Webster and Nicholas Petrulli. It is stunning, but it’s true: You will not see either of those names in the index to Oswald’s Game. By the end of 1960, the number of defections had ballooned to the high teens. (Ibid, Destiny Betrayed, p. 139) The KGB noted the trend. Just as they noted that many of these defectors were from the military. Which is unusual in itself. Robert Webster had worked for Rand Corporation, which had ties to the CIA. And Rand was one of the first companies to sell products inside of Russia. It was at a trade fair that Webster had defected.
But yet, once one understands what Davison is up to in this book, one comprehends why all this is left out. For instance, although Oswald was not supposed to have known about the Webster case, before he left the USSR to return to the USA, he asked American embassy officials “about the fate of a young man named Webster who came to Russia at about the time he did.” (ibid) And by not dealing with Webster, Davison avoids something that she almost has to avoid. Webster met the 19-year-old Marina Prusakova in Moscow in 1959, before she met her future husband Lee Oswald. And Webster spoke to her in English! Which is a language Marina was not supposed to have acquired yet. After the assassination, the address of Webster’s Leningrad apartment was found in Marina’s address book. (ibid, p. 140) When any curious, interested reader is confronted with this kind of information, he or she would naturally ask: 1.) What are the odds of a 19-year-old girl meeting two of three defectors in 1959 in the huge expanse of Russia? 2.) Why would Marina have learned English and why would she later lie about it? Clearly, Davison does not want the reader to contemplate those questions. Which is why she does not tell you about Marinaís uncle, who was a high official in the Russian equivalent of the FBI. Or that Marina once confused her meeting with Webster with her meeting of Oswald. (ibid, p. 140) All of this suggests the probability of an American “false defector” program being set in place. It also suggests the KGB was on to it. And with Marina, may have been designing countermeasures for it.
The proof of this is the Otto Otepka case. Otepka was an investigator in the State Department. In late 1960 he noticed this quite discernible uptick in suspicious defections from the USA to Russia. So he sent a cable to Dick Bissell at CIA. He wanted to know which of the defectors were real and which were not. Bissell turned this request over to James Angleton and his Counter Intelligence staff. This is interesting because, as author John Newman found out, many of Oswald’s CIA documents at this time bear the label CI/OPS, which means Counter Intelligence Operations. The eighth name on Otepka’s list was Lee Oswald. When the CIA assigned the list to a researcher, he was told to work on some but not others. One of the “others” was Oswald. When CIA sent backs its reply to State, the name Oswald was marked SECRET. But Otepka was persistent. He wanted to know the truth about both Oswald and the program. For that he was harassed, persecuted and eventually thrown out of his office. (DiEugenio, Destiny Betrayed, p. 164) A State Department intelligence analyst suspects Oswald is a false defector. He cannot get an answer to this from the CIA. He persists and eventually loses his job. Once he is out, his safe is drilled into to find what he knew about Oswald. This was on November 5, 1963. Somehow, that information about her subject did not seem important to Jean Davison.
But if that is a puzzler, the following is a complete baffler. As noted, Oswald did not defect until the fall of 1959. Otepka made his request to CIA in late 1960. It was only after this request that the CIA opened up a 201 file on Oswald, over a year after the defection. This delay was so weird to the HSCA that it inquired about it to more than one CIA official. For the 201 file is a common file at the Agency. It is an information file on any person of interest to them. Oswald had to be such since he had shown up at the American Embassy in Moscow and hinted he could give secrets of the U-2 to the Russians. (Ibid, p. 143) But neither Ann Egerter, Angleton’s assistant, nor Richard Helms, former Director of the CIA, could explain why it was not opened promptly.
Now, the combination of the Otepka persecution, with this inexplicable 201-file delay could lead one to conclude that the 201 file was not opened because Oswald was a false defector for Angleton. But again, the reader cannot even ponder this since it’s not in this book. The information about the 201 was unearthed by the HSCA. The HSCA shut down four years before Oswald’s Game was published. A good summary of the Otepka affair is in Jim Hougan’s book Spooks, which was published in 1978. The Ordeal of Otto Otepka, a book length treatment of the matter, was published a decade before that, in 1969. Therefore, as the reader can see, there was really no excuse for this fascinating and important data not to be included in Oswald’s Game. The only apparent excuse is that it did not fit in with the writer’s agenda. Considering how large and consuming that agenda was, the book’s more apt title would have been Davison’s Game.
V
As noted above, it’s pretty clear that Davison did not do any traveling to anywhere in America to investigate Oswald’s life. In fact, it’s not certain that she even made any phone calls. So it obvious that she did not try and replicate Oswald’s journey overseas for his defection to the USSR. If she had, she may have discovered at least a couple of interesting things that would have prevented her book from being a museum piece upon publication.
Oswald was never known to have any solid finances. So when his service pal Nelson Delgado was asked, he replied that he had no idea how Oswald could afford to travel across Europe. Delgado said this cost anywhere from eight hundred to a thousand dollars. (Destiny Betrayed, p. 137) Which a study of his bank records reveals he did not have. But in addition to this, Davison could have told us about the hotels he stayed in while in Helsinki. British investigator Ian Griggs actually stayed in them. The first was the Hotel Torni. Griggs described this as no less than a five star hotel. The rough equivalent of the Savoy in London or the Four Seasons in San Francisco. How and why would someone as low status as Oswald choose to stay at such a place? Someone must have alerted him to this dilemma because he soon checked out. He went to the Klaus Kurki Hotel. Griggs described this as maybe a notch below the Torni. A four and a half star hotel. Since, as I said, Davison never went anywhere for a field investigation, she cannot inform us of this dichotomy. And therefore, the reader cannot ask the obvious questions: Where did Oswald get the money to stay in the kinds of hotels that Nelson Rockefeller and Jean Sibelius booked? (ibid, p. 138) And second, why would the usually frugal Oswald become a spendthrift in Finland?
But beyond that, outside the pages of Oswald’s Game, with normal rationality, the question also arises: Why did Oswald even go to Helsinki? Davison says that he placed an educational facility destination adjacent to Helsinki on his passport application. Which does not really explain it, since Oswald wrote several places on the application. Some of which he never went to. It appears he went there because that particular Russian Embassy had close ties to Intourist, the Russian state-owned travel bureau. Oswald applied for a visa to Intourist on October 13th. He got it the next day. (ibid, p. 138) Again, this is notable for the saga of Oswald. Because the Helsinki embassy was the only one in Europe which granted these visas that fast. The US Embassy there had direct ties to their Soviet counterparts and sent people who needed expedited visas to them. Did Oswald know this? Is this why he went there? If so, who told him about it? Since Davison deals with the matter of Helsinki in about two sentences, those questions also do not arise in Oswald’s Game. (See Davison, pgs. 81, 84)
This brings us to the matter of how Oswald began his journey to Helsinki. Once he was fluent in Russian, as proven through his conversation with Quinn, Oswald did something unusual. He applied for a hardship discharge. Again, Delgado could not understand it. For these were notoriously hard to get and took a long time to process. (Second Edition, Destiny Betrayed, p. 136)
Now, let us make the mystery about this transparent, which Davison really does not do. Oswald’s actual application was submitted on August 17th. At this point, his service contract had less than four months to run. The HSCA discovered that these proceedings took as many as six months to finalize. (ibid) Therefore, under normal circumstances, Oswald would have been better off just waiting out his service contract rather than gambling with the complex process of discharge. Why do I say that? Because, usually there were thorough investigations made at both ends to make sure the application was not a bogus attempt to get out early. And if there had been normal inquiries done, Oswald’s filing would have been exposed as ersatz and he would have been busted.
But he wasn’t. One reason he was not was this: instead of taking six months, or even three, his application was approved in just ten days! The way Davison deals with this is rich. She says that Oswald’s application “was approved fairly quickly.” (Davison, p. 82) Well, that’s one way of putting it. But by not telling us about the actual time lapse, she avoids the question of what kind of inquiry could the Navy have made in just ten days. Because the main reason the application was granted was the excuse that Marguerite had a candy box at work fall on her nose. She needed to get a doctor’s affidavit to collect on workmen’s compensation since the company she worked for did not think the injury was that serious.
One of the doctors that Marguerite visited to collect information for her workman’s compensation claim was Dr. Milton Goldberg. He called the FBI on the day of the assassination and said he could not go along with her claims for injuries and referred her to other doctors. But he also told the FBI that on one of her early visits she told him her son wanted to defect to Russia. (DiEugenio, Destiny Betrayed, p. 136) Now, her first visit to Goldberg was on January 9, 1959. Which was a full nine months before Oswald was discharged. It was six months before he reported to the Red Cross to begin the process of the dependency discharge. Of which there was no dependency. The Navy could have discovered this just by interviewing Robert Oswald, who was living in Fort Worth at the time. There is no evidence that he was helping his mother at the time. And, of course, when Oswald did get out, he spent all of three days in Texas. Clearly, something was going on behind the scenes with this hardship discharge. But you would never get any suggestion of impropriety from Oswald’s Game.
VI
One of the most bizarre things about this bizarre book is that Davison cannot bring herself to admit the obvious paradox about Oswald. Here you have a supposed Marxist who decides to join the Marines. On his return from Russia he chooses to live with first, the rightwing White Russians in Dallas/Fort Worth. These people wanted to overthrow the communists and restore the czar. In New Orleans, he had various associations with the Cuban exiles. These men wanted to overthrow Castro and make Cuba an ally of the USA again. If Oswald was a communist, he was one of the weirdest communists ever. But further, like every other inquiry into his life, Davison fails to produce one communist friend that Oswald worked with or shared time with on the ground in the USA. Does this not make his associations with the White Russians and Cuban exiles even stranger?
If you can believe it, in the 300 pages of her book she never admits to this fact. Probably because it so plainly flies in the face of her thesis about Oswald being a communist. And, in fact, Richard Snyder who worked out of the American Embassy in Moscow, and interviewed Oswald, worked for the CIA on Operation Redskin. This was a program designed to recruit Ivy League Russian speaking graduates to travel behind the Iron Curtain. (DiEugenio, Destiny Betrayed, p. 141) Three days before Oswald showed up in his office to try and renounce his citizenship, Snyder wrote a letter to a fellow State Department employee on his experience with American “defectors.” There are quotes around that word because Snyder did the same. And he was referring to the Webster case. (ibid)
How did Oswald begin this strange masquerade as a communist Marine, false defector, FBI informant, and CIA agent provocateur? Well in any serious study of his life, which Oswald’s Game is not, the figure of David Ferrie and Oswald’s teenage years in the Civil Air Patrol under his supervision must loom large. To use one example, John Armstrong spends four oversized pages on this episode in his biography called Harvey and Lee. (See pages 122-25) Again, the way Davison handles this key episode is so rich as to be humorous. Referring to June of 1955, she writes, “That summer he joined the Civil Air Patrol and attended several meetings at which one of the leaders was an eccentric pilot named David Ferrie. Ferrie would become a central figure in many conspiracy theories.” (Davison, pgs. 62-63) I kid you not, that is it.
But even she cannot keep the lid on how important this episode is. Because, right after this, she writes that it was this time period when Oswald began to exhibit an interest in Marxism. Now, a true biographer who really wanted to be honest with the record and his reader would have to equate the two. For anyone who studies Ferrie quickly understands he was not just your usual CAP instructor. He had an inordinate interest in the lives of his cadets. And if Davison had gone to New Orleans and interviewed some of these subjects she could have written about this. But, in fact, she did not even really have to do that. Because Jim Garrison had donated many of his files to Bud Fensterwald’s AARC (which was under a different name at the time.) So all she had to do was drive down to Washington to look at these interview transcripts and affidavits. If she was too lazy for even that, then she could have interviewed the two New Orleans investigators for the HSCA, Bob Buras and Lawrence Delsa. They would have told her that Ferrie had a tremendous influence over these youths. And he also seemed to have clearance from above to do things with them that required special permission. Like camping out with them at Keesler Air Force Base in Biloxi, and having military planes fly them back form drill competitions. He also convinced a number of them to join the Marines. (Author’s interview with Delsa in New Orleans in 1994; Destiny Betrayed, p. 84) I could go on and on in this regard, but suffice it to say, many writers have deduced that David Ferrie was a powerful influence on Oswald’s life. If he was not, then why was Ferrie so obsessed with hiding his relationship with Oswald in the CAP in the days following the assassination? (Destiny Betrayed, pgs 176-77)
Sticking with New Orleans and Garrison, she spends about a page in a bare bones, less than cursory discussion of the Clinton/Jackson incident. She concludes this with a shattering davisonism. She says that if the event occurred it was certainly Guy Banister, not Clay Shaw who was the driver of the car. She then says that since the witnesses there were confused about Banister and Shaw they may have been mistaken about Oswald as well. She also adds, and they did not come forward until 1967. (Davison, pgs. 284-85)
Where does one begin to dissect this drivel? Again, it exposes Davison as the totally amateur researcher she is. For if she would have collected the primary resources on this incident; something she has a phobia against; she would not have written such foolishness. The witness statements make it clear that it was not Banister with Ferrie and Oswald, it was Clay Shaw. For instance, Henry Burnell Clark said the driver of the car was unusually tall, well over six feet. Banister was about 5′ 9,” Shaw was 6′ 4.” (William Davy, Let Justice Be Done, p. 105) If that is not enough, Sheriff John Manchester said he approached the car and asked the driver to identify himself. When asked what name he gave, Manchester said under oath, “He gave Clay Shaw, which corresponded with his driver’s license.” (ibid, p. 106) The witnesses were not confused at all. In her usual lazy way, Davison decided to accept reporters’ spin instead of using the primary sources. And if she had gotten out of her living room, she would have discovered that the witnesses did not come forward in 1967. They all talked about the event in the wake of the assassination. Reeves Morgan called the FBI. And local rightwing publisher Ned Touchstone interviewed them in 1965, and wrote about it in his publication called The Councilor. (Joan Mellen, A Farewell to Justice, pgs. 214-15, p. 234)
VII
Let us now proceed to the payoff of the book. The reason I think Davison actually wrote the thing. That is, her discussions of the Odio incident and Mexico City. Davison wants us to buy into something pretty unpalatable. She wants us to think that Oswald was both at Sylvia Odio’s apartment door and in Mexico City. That is, there was no mistaken identity and no imposters involved. She does this by employing the same trick that Vincent Bugliosi does. Before the Commission, Sylvia twice said that three men; two Cubans and Leon Oswald; visited her during the last week of September. It was on a Thursday or a Friday. (WC Volume XI, pgs. 370, 386) This means the date could be either the 26th or 27th. Even if we accept the earlier date, this contradicts the Warren Report. For they state that on that date, Oswald was on a bus headed from the Mexican border town of Nuevo Laredo to Mexico City. (WR, p. 733)
So, to avoid this serious problem; which clearly suggests the use of an imposter in one or the other place; Davison did in 1983 what Vincent Bugliosi did almost 25 years later. She moved the date back to the 25th. Even with that, there is a problem. The incident took place at around 9 PM in Dallas. The Warren Report has Oswald in Houston that night calling the socialist editor of a magazine. But the call came at nine or a bit later. There is no indication the call was long distance. The drive from Dallas to Houston is about four hours. (DiEugenio, Destiny Betrayed, p. 352)
All of this is discounted by Davison. She says that it’s Oswald at Odio’s. But she says that it was really Oswald manipulating the Cubans there. She says “if the real Oswald was used, how did the anti-Castro plotters get their Marxist enemy to stand at Odio’s door to be introduced as a friend of the Cuban exiles.” (Davison, p. 194) Well Jean, the same way Oswald was in Guy Banister’s office and in Clinton/Jackson with Shaw and Ferrie. Because anyone who knows this case and has any objectivity realizes that Oswald was not a Marxist. Davison makes great pains to compare this incident with what she calls Oswald’s attempt to infiltrate Carlos Bringuier’s Cuban exile group, the DRE in New Orleans. But if Bringuier and his assistant Carlos Quiroga were supplying Oswald with the flyers for this Trade Mart leafleting incident, then this “infiltration” idea of hers collapses. And that is what a neutral witness, Oswald’s landlady Jesse Garner, seems to indicate. (DiEugenio, Destiny Betrayed, p. 162) This silly comparison of hers is further undermined by Quiroga’s polygraph test for Jim Garrison. Quiroga was asked: “You have said you tried to infiltrate Oswald’s ‘organization.’ Isn’t it a fact that you knew his Fair Play for Cuba activities were merely a cover?” Quiroga replied in the negative. That reply indicated he was lying. So did his negative reply to the following: “Is it not a fact that at that time Oswald was in reality a part of an anti-Castro operation?” (Ibid) Again, Davison’s attempt at being a researcher is a bit embarrassing.
But she carries on her concept further. She now says that Oswald was actually manipulating the Cubans he was with. Again, this is silly. On two counts. First, why would Oswald put himself forth as a possible assassin of Kennedy in advance of the murder? If you believe Davison, that is what happened here. But secondly, if Oswald was doing the manipulating, then why was it the Cubans who called Sylvia back to make the incident more indelible?
Finally, like many Commission advocates, Davison leaves out the fact that Odio belonged to JURE. This was a liberal anti-Castro group that was a favorite of Kennedy. And it was hated by Howard Hunt because he called its leadership by Manuelo Ray, “Castroism without Fidel.” In other words, the under text here is that the Cubans were trying to ingratiate Oswald with a leftist exile group in advance of the assassination. This is made manifest by the fact that the two Cubans masqueraded as JURE members but were not.
Let us conclude with what Davison now says is her proof that Oswald planned on killing Kennedy. She uses the hoary, mildewed Daniel Harker story. This was a newspaper account of an interview with Fidel Castro in which he was reported as saying that if “US leaders should think that if they are aiding terrorism plans to eliminate Cuban leaders, they themselves will not be safe.” (Davison, p. 22) The problems with this story are manifold. First, as she notes, there is not any evidence that Oswald saw the story. Second, with the evidence we have now, it’s clear that Kennedy was trying for detente with Castro at this time. The attacks on Cuba had dwindled away to almost nothing. And the declassified Inspector General report makes it clear that Kennedy never authorized any of the CIA-Mafia plots to kill Castro. Third, as she acknowledges, the evidence says that Oswald liked Kennedy. Fourth, if Oswald killed Kennedy for the Castro cause, why did he deny it afterwards?
Davison couples this with something even weaker. It’s the report from an FBI informant in the communist party that Oswald walked into the Cuban consulate and said he was going to kill Castro. These have come to be called the SOLO documents. And this part of them, the Castro threat is almost surely a forgery. As John Newman told this reviewer, this is allegedly a part of a letter from the informant to Gus Hall, leader of the communist party. Newman said, this kind of information would not be part of that letter to Hall. SOLO was too experienced to do that. (Author interview with Newman, 11/29/13) Second, why would Oswald, on the occasion of having problems with his visa blurt out in the consulate that he was going to kill Kennedy. When, in fact, it was his own fault he was having problems. He was not prepared with the proper documentation. Third, if Oswald said this, then why did not the incoming or outgoing chief counsel there hear him? And for that matter, neither did Sylvia Duran. Fourth, Oswald needed clearance for his in-transit visa from both Cuba and Russia. Why would he say something like this knowing that if the Russians call for a check, someone will tell them, “He said he was going to kill Kennedy.” Fifth, Castro did not mention this threat in either his nationally televised radio/TV appearance of November 23rd of during his speech at the University of Havana on November 27th. And since no one at the embassy heard Oswald say this, then Castro would have had to manufacture the quote. Why would he do such a thing? (ibid, Newman interview.)
Newman says that he does not think the informant manufactured the quote either. He thinks someone in the FBI did and pasted it into the letter. Quite naturally, every one of these cogent points is absent from Oswald’s Game. I mean, Davison’s Game.
Needless to say, Davison does not list the plentiful evidence that Oswald was not in Mexico City. Namely, the voice on the tapes sent to Dallas, was not his. The CIA has never been able to produce one picture of Oswald entering either embassy in over 50 years. Even though a total of five cameras covered both embassies. Four of the five embassy workers who encountered this man called Oswald, said he was short and blonde. In 1978, when consul Eusebio Azcue was interviewed by CBS news about Mexico City, he produced photos taken by the Cuban surveillance cameras of the man who identified himself as Oswald. The man was short and blonde. (Armstrong, op. cit. p. 646)
I have saved the most thundering davisonism for last. Let us luxuriate in its pure arrogance:
To argue, as some critics have, that Oswald was merely posing as a leftist from the time he was 16 until, literally the day he died, one must unravel the story of his life presented in this book and attempt to reweave it into an entirely new pattern. I can’t say that it is impossible to do so, but thus far it hasn’t been done. (Davison, p. 285)
A statement like that is literally requesting a pie in the face. That pie, a coconut/custard one, was delivered to Davison seven years later. It was by Philip Melanson and it was called Spy Saga. That book revolutionized our thinking about Oswald. And the thing to note is that no great discoveries were made between 1983 and 1990. Therefore, Jean Davison could have theoretically done what Melanson did. But her agenda would not allow it. Today, Spy Saga has been furthered by John Armstrong’s Harvey and Lee and John Newman’s Oswald and the CIA. So today we know much more about Oswald than the Commission would ever tell us. In the light of those works, Jean Davison’s book looks today like a smoking pile of rubbish. Useless to anyone except maybe David Von Pein or John McAdams.
As demonstrated above, Oswald’s Game really tells us more about the biases and obsessions of Jean Davison on the Kennedy case than it does about its ostensible subject. Which is really the worst thing one can say about a biographer.
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Dale Myers, With Malice (Part 2)
The following is Part Two of a review of the 2013 Kindle edition of Dale Myers’ book With Malice.
VIII: Proof positive
Myers dedicates this chapter to a discussion of Tippit’s autopsy, and the physical evidence against Oswald such as the revolver allegedly used to kill Tippit, and the bullets and the spent shell casings. He also discusses the fingerprints found on Tippit’s squad car, and the light gray jacket discarded by the killer in the parking lot behind the Texaco Service station. Myers quotes from DPD captain Will Fritz’s interrogation report where he allegedly asked Oswald where he had obtained the revolver, to which Oswald allegedly replied that he bought it in Fort Worth, Texas (With Malice, Chapter 8). Fritz allegedly asked this question during an interrogation on Saturday November 23, 1963. But in order to believe Fritz, including the FBI and USSS agents who were present during Oswald’s interrogations, one must ignore all of the evidence discussed throughout this review that the DPD had framed Oswald for Tippit’s murder, and that the FBI and the USSS also wanted Oswald to be found guilty. As far as the USSS is concerned, consider that several researchers such as Ian Griggs have explained that the USSS was by all likelihood involved in coercing Howard Brennan into claiming that he was at a DPD line-up, during which he allegedly identified Oswald as the man he saw in the so-called sniper’s nest window on the sixth floor of the TSBD (Griggs, No Case To Answer, page 91).
It is Myers’ contention that Oswald ordered the revolver from Seaport Traders Inc., Los Angeles, California, on January 27, 1963, under the name A.J. Hidell, and then had it shipped to his P.O. Box in Dallas which was under his real name (ibid). To begin with, Myers simply has no qualms about Oswald having ordered the revolver using an alias, only to have it delivered to his P.O. Box which was under his real name. Obviously, the purpose of Oswald allegedly using an alias to purchase the gun was to hide the fact that he (Oswald) was purchasing it. So then why would he have it shipped to a P.O. box under his real name? Does that not defeat the purpose of having purchased a revolver using an alias? Myers admits that it is not known whether the application for P.O. Box 2915 (to which the revolver was allegedly shipped) listed A.J. Hidell as someone entitled to receive mail at that box (ibid). Myers then uses the Warren Commission testimony of postal inspector Harry Holmes, during which Holmes stated that the portion of the P.O. Box application which listed others entitled to receive mail at the same P.O. Box was discarded in accordance with postal regulations, after the box was closed in May, 1963 (ibid). Myers also uses Holmes’ testimony to explain that regardless of who is entitled to receive a package at a P.O. Box, a notice is placed inside the P.O. Box, and the person who has rented that particular P.O. Box can then take the notice to a window and is given the package.
Contrary to what Myers wants the reader to believe, Holmes has been caught lying on these issues. As author Jim DiEugenio explains, postal regulation No. 355.111 dictates that; “Mail addressed to a person at a P.O. box who is not authorized to receive mail shall be endorsed ‘addressee unknown’ and returned to the sender where possible” (DiEugenio, Reclaiming Parkland, pages 60 and 61). Furthermore, according to postal regulation 846.53h, it was customary for the post office to retain the application forms for the P.O. boxes for two years after the box was closed (ibid, page 61). In assessing Holmes’ credibility, the reader should also bear in mind that Holmes was an FBI informant (John Armstrong Baylor collection, tab entitled: Harry Holmes). On November 26, 1963, a memorandum was sent from Alan Belmont to William Sullivan stating that the FBI’s report on the assassination is to; ” … settle the dust, in so far as Oswald and his activities are concerned, both from the standpoint that he is the man who assassinated the President, and relative to Oswald himself and his activities and background, et cetera.” (Church Committee: Book V, page 33). By helping to cement Oswald’s guilt as Tippit’s murderer, the FBI (much like the DPD) could then use Tippit’s murder as evidence that Oswald was more than capable of assassinating the President in cold blood. As an FBI informant, Holmes would only be too happy to help out in that regard. In fact, as Jim DiEugenio explains, Holmes subservience to the FBI was so extreme that his family actually contacted the JFK Lancer group and told them to try and understand his behaviour in this regard (DiEugenio, Reclaiming Parkland, page 61). Predictably, none of this is mentioned by Myers.
Myers also cites the testimony of Heinz Michaelis, the office manager of George Rose and company, as evidence that a balance of $19.95 plus a $1.27 shipping charge was collected from Oswald under the name Hidell, and allegedly shipped to P.O. Box 2915 on March 20, 1963 (ibid). However, as author Jim DiEugenio explains, the Railway Express Agency was required to send a postcard to Oswald’s P.O. Box informing him to pick up the revolver (DiEugenio, Reclaiming Parkland, page 104). But there is no proof, or even evidence, that a postcard was ever sent to Oswald’s P.O. Box (ibid). This is a very odd hole in the evidence trail. Another requirement was that a 5024 form be filled out by Oswald for the revolver. But again, there is no proof that this was done (ibid). There is also no proof of a signed receipt by Oswald (as Hidell) for the revolver; or that he ever produced a certificate of good character to pick-up the revolver as required by the law (ibid). Again, these serious lacunae are glossed over by Myers. In a normal criminal case, they would not be.
Finally, although Myers mentions in his endnotes that the rifle Oswald allegedly used to assassinate President Kennedy was also shipped to the same P.O. Box, he nevertheless omits that both the rifle and revolver were shipped to Oswald’s P.O. Box on the same day; even though they were ordered over a month apart and from different suppliers! Namely, one supplier (Klein’s Sporting Goods) was from Chicago and the other (Seaport Traders) was from Los Angeles. As it defies the odds that such a thing occurred, Myers is careful not to point this fact out to his readers. Readers should bear in mind that no ammunition for the revolver was found by the DPD at the rooming house at 1026 North Beckley where Oswald was allegedly living at the time of the assassination. Although a holster (WCE 144) was allegedly found at the rooming house by the DPD, researcher Lee Farley has demonstrated that it was actually Larry Crafard who was living at the rooming house and not Oswald! (See the thread entitled A House of Cards? on Greg Parker’s research forum Reopen Kennedy Case).
Naturally, Myers also uses the Warren Commission testimony of Marina Oswald as evidence that Oswald actually owned the revolver allegedly used to kill Tippit (With Malice, Chapter 8). Unfortunately for him, Marina Oswald has been exposed as an incredibly compromised witness by a multitude of researchers. For one thing, Marina initially denied that Oswald ever used the name Hidell (WCE 1789). However, when she testified before the Warren Commission in February 1964, she now claimed that she first heard of the name Hidell, “When he [Oswald] was interviewed by some anti-Cubans, he used this name and spoke of an organization.” (WC Volume I, page 64). She was referring to Oswald’s debate with Ed Butler of INCA and anti-Castro Cuban Carlos Bringuier on William Stuckey’s radio show on August 21, 1963. The problem is the name Hidell was never mentioned during the debate by anyone (WC Volume XXI, Stuckey Exhibit No. 3).
When Marina testified before the Warren Commission on June 11, 1964, she now claimed that she signed the name “A.J. Hidell” on the Fair Play for Cuba Committee card (WCE 819), which Oswald allegedly had in his possession when he was arrested in New Orleans on August 9, 1963! (WC Volume V, page 401). It should be obvious to any intellectually honest researcher that Marina was being pressured into being less than honest.
In assessing Marina Oswald’s credibility as a witness, the reader should also bear in mind that according to Oswald’s brother Robert, Marina may have been deported back to Russia if she didn’t co-operate with the FBI (WC Volume I, page 410). Marina also admitted during her testimony before the Warren Commission that a representative from the United States immigration service had advised her that it would be better for her to help the FBI, in the sense that she would have more rights in the United States (WC Volume I, page 80). Although she testified that she didn’t consider this a threat, the mere fact that she had been advised she would have more rights in the United States if she co-operated should send the message to researchers that she would even lie to obtain those rights (ibid). Marina Oswald also testified that she initially ” … didn’t want to say too much” to evidently protect her husband (WC Volume I, page 14). However, Marina’s friend Elena Hall told the Warren Commission that she didn’t think that Marina ever actually loved her husband, and would apparently belittle him (WC Volume VIII, page 401). Such a revelation undermines the notion that Marina lied to protect her husband. None of these problems with Marina Oswald’s credibility as a witness is ever discussed by Myers.
But if Myers use of Marina Oswald as a witness isn’t bad enough, then consider that he also cites the book Passport to Assassination, by KGB Colonel Oleg Maximovich Nechiporenko, as evidence that Oswald owned the revolver allegedly used to kill Tippit. According to Nechiporenko, Oswald pulled out a Smith and Wesson revolver inside the Soviet embassy in Mexico City (With Malice, Chapter 8). Sadly for Myers, it has been demonstrated by several competent authors that Oswald was impersonated inside the Soviet embassy in Mexico City; and that he probably never even travelled to Mexico City as postulated by the Warren Commission (see Jim DiEugenio’s long discussion of Oswald’s alleged trip to Mexico City). Finally, as many researchers have explained, the so-called backyard photographs (WCE 133-A and B) of Oswald which show him with the rifle he allegedly used to assassinate the President, and the revolver which he allegedly used to kill Tippit, are very likely ersatz.
Another piece of evidence cited by Myers as proof that Oswald owned the revolver allegedly used to kill Tippit is the holster (WCE 142). This was discovered in the rooming house on 1026 North Beckley Avenue where Oswald was said to be living at the time of the assassination. However, as previously mentioned, researcher Lee Farley has demonstrated the likliehood that Oswald didn’t live there as claimed. In the final paragraph of his discussion of Oswald’s alleged ownership of the revolver, Myers writes; “There can be little doubt that Oswald owned the 0.38 caliber Smith and Wesson revolver pulled from his hand in the Texas Theater” (With Malice, Chapter 8). In light of everything discussed previously in this review about the revolver, this is a tremendously fatuous statement to make. Still, the question remains as to why the FBI would want to forge the order coupon for the revolver using the name Hidell instead of Oswald? Although this reviewer cannot provide a definitive answer, perhaps the FBI believed that this is precisely what Oswald would have done to try and conceal from them that he had ordered a rifle and revolver. Bear in mind that the FBI were well aware of Oswald when he returned from the Soviet Union, but were not aware that Oswald (allegedly) used the name Alek James Hidell as an alias prior to his arrest in New Orleans on August 9, 1963. Therefore, the FBI probably thought they could sell the idea that since Oswald knew the FBI was keeping an eye on him, he would use an alias they weren’t aware of at the time to order both the rifle and revolver.
On the night of the assassination, FBI agent Vincent Drain confiscated several pieces of evidence against Oswald, such as the Mannlicher Carcano rifle he allegedly used to murder the President. Included amongst the evidence confiscated were the revolver (WCE143) and the bullet removed from Tippit’s body at Methodist Hospital after he was pronounced dead (WCD 81, page 448). However, what the DPD did not release to the FBI were the four spent shell casings discarded by Tippit’s killer, and the three bullets removed by Dr. Earl Rose at Parkland Memorial Hospital during Tippit’s autopsy. The omission of the shell casings is significant, as the unique markings of the breech face and the firing pin of the revolver could be used to determine whether the shell casings were fired from the revolver in question; which the FBI eventually determined was the case (WC Volume III, page 466).
The implication is that the DPD were concerned that the shell casings were not actually fired from “Oswald’s” revolver. In his endnotes, Myers acknowledges that the DPD did not release the shell casings to the FBI on the night of the assassination, but writes that; “At the time of the submission [of the evidence to the FBI], the Dallas Police had no reason to believe that the bullet and revolver would not be sufficient to connect Oswald’s pistol to Tippit’s death.” But the DPD surely must have known that the markings from the firing pin and breech face of the revolver could be used to determine whether the spent shell casings were fired from the revolver, and therefore, they should have released them to the FBI along with the revolver.
As FBI agent Cortlandt Cunningham told the Warren Commission, the bullet the DPD released to the FBI on the night of the assassination (WCE 602) was too mutilated, and that; “There were not sufficient microscopic marks remaining on the surface of this bullet, due to the mutilation, to determine whether or not it had been fired from this weapon [WCE 143].” (ibid, page 475) Cunningham also testified that unlike WCE 602, the other three bullets removed from Tippit’s body and head (WCE 603, 604, and 605) did bear microscopic marks for comparison purposes (ibid). As any ballistics expert will be able to confirm, the most mutilated bullet will be the hardest in determining whether it had been fired from a particular gun. Whilst the DPD may not have known just by looking at WCE 602 that it was the most mutilated bullet, a photograph of WCE 602 shows that its nose is bent out of shape. Furthermore, the DPD may have thought that by releasing all four of the bullets to the FBI on the night of the assassination, they would have had a better chance of determining that the bullets had been fired from a different gun.
But is there actually an innocent explanation for why the DPD initially only released WCE 602 to the FBI? According to Myers, after Dr. Earl Rose had removed the three bullets from Tippit, he gave them to DPD detective Frank J. Corkery. Corkery then delivered them to Captain Will Fritz. When FBI agent Vincent Drain questioned Fritz as to why the DPD had not released these three bullets to the FBI on the night of the assassination, Fritz told Drain that a detective had placed the bullets in his (Fritz’s) files, and had not made a record of their location. Although Myers considers Fritz to be an honest officer who would not deliberately conceal evidence, let’s consider one example which suggests otherwise.
As every researcher of the assassination is probably aware, DPD officer Marrion Baker and TSBD superintendent Roy Truly allegedly spotted Oswald inside the second floor lunchroom of the TSBD within ninety seconds of the assassination. But contrary to this belief, Baker made no mention of an encounter with Oswald inside the lunchroom in his first day affidavit, writing instead that he had encountered a man walking away from the stairway on either the third or fourth floor of the TSBD (Dallas Municipal archives, Box 2, Folder 1, Item 4). In fact, as researcher Sean Murphy has convincingly demonstrated, Oswald was most likely standing outside the TSBD (on top of the front entrance steps), when the shots were fired at the President! (The Education Forum, thread entitled; Oswald leaving TSBD?).
Although Roy Truly provided an affidavit to the DPD on November 23, 1963, in which he claimed they had encountered Oswald inside the lunchroom, DPD detective Marvin Johnson wrote in his report to Chief Curry that Officer Baker had encountered a man he ” … later identified as Lee Harvey Oswald … ” on about the fourth floor of the TSBD, walking away from the stairway (Dallas Municipal archives, Box 5, Folder 5, Item 26). However, this was a lie by Johnson, as Baker did not claim in his affidavit that Oswald was the man he encountered; even though, as researcher Greg Parker has pointed out, Baker had to pass by Oswald at DPD headquarters when he made out his affidavit. Johnson’s lie was one which was repeated by Captain Fritz in his note to Chief Curry, where he claimed that Baker had stopped Oswald on either the third or fourth floor, whilst he (Oswald) was coming down the stairs (Papers of Capt. Will Fritz: Note from J.W. Fritz to Jesse Curry of 23 December 1963).
When Fritz testified before the Warren Commission, he explained that Truly or someone else had told him while he was still at the TSBD that Truly and Baker had “met” Oswald on the stairway, but then added; ” … our investigation shows that he [Baker and/or Truly] actually saw him in a lunchroom … ” (WC Volume IV, page 213). Fritz then claimed that Oswald had told him when he was being interrogated that he was eating his lunch in the lunchroom (ibid).
Despite what one may believe about where Officer Baker had actually accosted Oswald, Fritz’s claim that Baker had encountered Oswald when Oswald was coming down the stairs was a lie. In this reviewer’s opinion, the most viable explanation for this lie was to make it seem like Oswald was coming down from the sixth floor of the TSBD after allegedly assassinating the President. With all this in mind, it seems very likely that Fritz (and others) would conspire to release only one of the bullets removed from Tippit’s body to the FBI on the night of the assassination, to minimize the chances of the FBI determining that Tippit was shot by a gun other than WCE 143. Although this reviewer is not aware of when the bullets were supposedly handed to Captain Fritz by detective Corkery, it was presumably on the night of the assassination after Dr. Rose had concluded the autopsy on Tippit’s body.
As probably every researcher is also aware, three of the bullets removed from Tippit were of the Winchester Western brand, and one bullet was of the Remington Peters brand. However, only two of the spent shell casings discarded by Tippit’s killer were of the Winchester Western brand, and the other two were of the Remington Peters brand. This has led conspiracy advocates to believe that the actual shell casings discarded by Tippit’s killer were substituted to help incriminate Oswald; a point of view which this reviewer shares. Myers explanation for this discrepancy is that there were actually five shots fired at Tippit, with one Remington Peters bullet missing him and going astray, and one Winchester Western shell casing being discarded but not handed over to the DPD (With Malice, Chapter 8). Myers admits that the number of shots heard, and the sequence in which they were fired, varied from one witness to another, but then used Ted Callaway’s belief that he heard a total of five shots to bolster the notion that there were indeed five shots fired at Tippit.
According to Myers, “Over the course of six separate interviews, Callaway has consistently reported hearing five shots coming from the direction of Tenth and Patton [Streets].” (ibid). When Myers interviewed Callaway in 1996, Callaway explained that when he was questioned by the DPD, he informed them that he had heard five shots (ibid). What Myers doesn’t point out to his readers is that when Callaway (allegedly) wrote out his affidavit to the DPD on the day of the assassination, he merely claimed that he heard “some” shots (Dallas Municipal archives, Box 2, Folder 2, Item 1). Whilst some will argue that by “some” shots Callaway could easily have meant that he really heard five shots, why wouldn’t he have just said so in his affidavit? Taking into account all of the aforementioned problems with Callaway as a witness, and the likelihood that he was coaxed into identifying Oswald as Tippit’s killer, it also seems likely that he was coaxed into claiming that he had heard five shots as a way of explaining the aforementioned discrepancy between the bullets and the spent shell casings. The first interview, during which Callaway claimed that he had heard five shots, appears to be his interview with the USSS on December 3, 1963 (WCD 87, page 552). The DPD released the four spent shell casings allegedly discovered at the Tippit murder scene to FBI agent Vincent Drain on November 28, 1963 (WCD205, page 206). Therefore, if the authorities had realised before Callaway’s interview with the USSS that there was a discrepancy between the discarded shell casings and the bullets removed from Tippit’s body, they could have coerced him into claiming that he had heard a total of five shots.
Another problem with using Callaway to explain a missed shot (which Myers evidently wants to ignore), is that Callaway claimed that he heard two shots fired, followed by three more shots in rapid succession (With Malice, Chapter 8). However, Myers also wants his readers to believe that Jack Tatum heard two or three shots fired, followed by a single shot to Tippit’s head after a slight pause (ibid). So if Tatum is correct, then Callaway’s “recollection” must be in error; and as this reviewer has discussed previously, Tatum’s claim that he witnessed Tippit being shot is not to be trusted. Suffice it to say, Myers cannot have it both ways. This reviewer should also point out that Frank Griffin, who allegedly witnessed Tippit being shot, told Myers during an interview in 2004 that he ” … vividly recalled hearing five gunshots … ” However, Griffin also claimed that he heard the five shots fired “equally spaced” (With Malice, Chapter 8). But if Griffin’s “recollection” is correct, then Jack Tatum’s own “recollection” can’t be true. Griffin also claimed that he saw Oswald fleeing the scene of the murder after the shots were fired (see the thread entitled FRANK GRIFFIN – TKS WITNESS CLAIMS BEFORE 2010? on John Simkin’s Education Forum).
In his endnotes, Myers writes that Griffin remained silent about what he witnessed because his father, Johnnie Frank Griffin, was murdered after he testified before a grand Jury concerning what he witnessed when Alabama attorney General- elect Albert Patterson was murdered, and evidently feared that he may share the same fate as his father. But as Myers admits, there are several discrepancies between what he told Myers in 2004 and what appeared in his own book in 2008; though he assures us that most of these discrepancies are “minor and of no consequence.” On the contrary, given the discrepancies between his interview with Myers and what he wrote in his book, including the lack of any credible evidence that five equally spaced shots were fired at Tippit, Griffin’s claim that he heard five equally spaced shots and then observed Oswald should be not be considered credible.
To bolster the notion that one “discarded” shell casing was not recovered, Myers quotes from the interviews of witnesses B.M. (Pat) Patterson, and Harold Russell, both of whom said they witnessed Tippit’s killer come down Patton Street and turn West onto Jefferson Blvd. (With Malice, Chapter 8). Patterson informed the FBI that the killer; “stopped still, ejected the cartridges, reloaded the gun, and then placed the weapon inside his waistband.” (ibid). Russell informed the FBI on February 23, 1964 that; “the man [gunman] unloaded the gun, jammed it in his pants under his belt and disappeared down Jefferson Boulevard.” (ibid). But Myers omits information from his discussion which contradicts what he’s trying to sell to his readers. First of all, in his initial interview with the FBI on January 21, 1964, Russell only stated that the killer was attempting to either reload the gun or place it into his belt. There was no mention of the killer unloading the gun (WC Volume XXI, Russell exhibit A). When Russell was interviewed by the FBI on February 23, 1964, he also claimed that he was put into a DPD squad car by officers to point out the area where he had last seen the killer; even though he made no mention of being put into a squad car in his interview with the FBI one month before (WCD 735, page 270). This is yet another example of how Russell’s story evolved over time.
With regards to Patterson, during his initial interview with the FBI on January 22, 1964, he made no mention of the killer stopping to eject shells from his gun (WC Volume XXI, Patterson exhibit A). In an affidavit to the FBI on August 25, 1964, Patterson now allegedly claimed that the killer had stopped, ejected cartridges, and then reloaded the gun (WC Volume XXI, Patterson (B.M.) exhibit B). Patterson also allegedly told the FBI on August 26, 1964, that he saw the killer cross over to the North side of Jefferson Blvd (thus implying that the killer went down to the south side of Jefferson Blvd.) after he had stopped (ibid). However, Patterson’s latter claim that the killer had stopped to eject empty shells from the gun is not corroborated by Lewis, Russell, Warren Reynolds, Ted Callaway, and Sam Guinyard. In fact, Harold Russell told the FBI during his interview with them on February 23, 1964, that the killer was ejecting the shells as he was “hurrying down” Patton Street. In light of all of the above, there is no good reason to believe that Tippit’s killer had discarded one or more spent shell casings from the revolver as Russell and Patterson allegedly claimed he did during their latter interviews with the FBI. Besides, if Russell and Patterson really did see the killer discard empty shell casings from the revolver, why didn’t they inform the DPD Officers present at the Tippit murder scene of this observation, or why wouldn’t they have picked up the empty shell casings and hand them to the DPD officers?
Myers also quotes from his interviews with Barbara and Virginia Davis in 1996 and 1997, during which they told him that their father-in-law, Louis Davis, had discovered a spent shell casing a short time after Tippit’s murder; which was allegedly similar to the ones which the Davis sister-in-laws discovered and gave to the DPD (With Malice, Chapter 8). Louis Davis allegedly kept it as a souvenir. However, given the aforementioned problems with the Davis sister-in-laws as witnesses, and the likelihood that they were coaxed into identifying Oswald as Tippit’s killer, their story that a fifth shell casing was discovered by their father-in-law should not be trusted. Even Myers admits that; “Whether the shell [allegedly found by Louis Davis] was one ejected by Tippit’s killer is likely to remain a mystery” (ibid).
Suffice it to say, there is no credible evidence that more than four shell casings were discarded by Tippit’s killer, or that more than four shots were fired. There is no evidence that any bullets hit one of the houses in the vicinity of the Tippit murder scene, or anything else such as the road surface. The only other explanation for a missing bullet which this reviewer can think of is that for some bizarre reason, Tippit’s killer had fired a shot in the air. However, the eyewitness statements do not support such an assertion. Despite Myers attempt to explain the discrepancy between the shell casings and the bullets, the fact remains that there is no credible evidence that one Remington Peter’s bullet had missed Tippit, and that one Winchester Western shell casing was unaccounted for. All alternative explanations for this discrepancy are also pure speculation.
There is yet another problem with the spent shell casings which Tippit’s killer allegedly discarded. As most researchers are probably aware, DPD Officer Joe Mack Poe, who was at the Tippit murder scene with his partner Leonard Jez, informed the FBI on July 6, 1964, that he marked the two spent shell casings which were given to him by Domingo Benavides with the initials J.M.P. (WCE 2011). The problem is that Poe’s mark from the two shell casings are curiously missing, and Myers wants his readers to believe that Poe didn’t mark the shells as he claimed. Conspiracy advocates, on the other hand, believe that Poe missing marks are due to the shell casings being substituted for the ones he marked. When Poe testified before the Warren Commission on April 9, 1964, counsel Joseph Ball asked him if he put any markings on the shell casings, to which Poe responded; “I couldn’t swear to it; no, sir.” (Volume VII, page 68). When Ball again asked Poe if he made a mark on the shells after showing them to him, Poe explained; “I can’t swear to it; no, sir.”, but then claimed; “There is a mark. I believe I put on them, but I couldn’t swear to it. I couldn’t make them [the marks] out anymore.” (ibid, page 69). In other words, Poe was implying that he did mark the shells, but was unable to recognise them on the shells he was shown.
According to Myers, the fact that Poe was reluctant to swear that he had marked the shells, raises the question of whether Poe had marked the shells as he claimed (With Malice, Chapter 8). However, consider that if Poe was an honest police officer who really did mark the shells, but now couldn’t make out his marks on any of the shells shown to him whilst testifying under oath, then his reluctance to swear that he had marked the shells is perfectly understandable. One thing which Myers never bothers to mention in his book is Poe’s interview with author Henry Hurt in 1984. According to Hurt, Poe told him that he was “absolutely certain” that he had marked the shells, and explained that he couldn’t be certain of a single other instance during his twenty eight years as a police officer when he failed to properly mark evidence (Hurt, Reasonable Doubt, page 153). Poe also told Hurt that prior to his testimony before the Warren Commission; he was interviewed by the FBI concerning the shell casings (ibid). However, this reviewer has been unable to locate such an interview.
Poe also informed Hurt that he “felt certain” that the shell casings entered into evidence were the ones at the scene and that perhaps the reason he couldn’t find his marks was because somebody else had placed their mark on top of his (ibid). Clearly, Poe was implying to Hurt that the shell casings were not switched. After examining the shell casings at the National Archives, Hurt informed Poe that he wasn’t able to find any evidence that this was the case, to which Poe indignantly responded; “I [have] talked to you all I’m going to talk to you. You already got your mind made up about what you’re gonna say. I know what the truth is.” and then abruptly hung up the phone (ibid, page 154). The fact that Hurt included this indignant response from Poe speaks well for Hurt’s credibility on this issue. Hurt also explains that in each of the spent shell casings he examined; “at least 50 percent of the surface area around the inside rim has no marking at all, leaving ample space for even additional identifying marks.” (ibid).
In an apparent attempt to discredit Poe, Myers quotes from his interview with detective Jim Leavelle in 1996. According to Myers, Leavelle claimed that Poe told him (Leavelle) that he didn’t remember marking the shells, and that Poe only told the FBI that he marked the shells because he was ” … afraid he would get in trouble for failing to mark evidence.” (With Malice, chapter 8). As previously mentioned, Leavelle informed the Warren Commission that ” … the only time I had connections with Oswald was this Sunday morning [November 24, 1963]. I never had [the] occasion to talk with him at any time …”, but then lied to Myers when he claimed he had interrogated Oswald on Friday shortly following his arrest. Evidence discussed below further demonstrates Leavelle’s duplicity. Although Myers doesn’t state that he absolutely believes Leavelle, merely writing that “In retrospect, Leavelle’s explanation has a sense of truth about it”, the fact that Myers uses someone such as Leavelle to discredit Poe, whilst ignoring Poe’s interview with Henry Hurt (even though he quotes from Hurt’s book elsewhere), is yet another example of Myers’ lack of objectivity. Readers should also keep in mind that Leavelle is a dyed in the wool supporter of Oswald’s guilt, who wrote the following blurb for Myers’s book; ” … Dale Myers has finally cut through the veneer of insinuations and innuendos applied by the conspiracy buffs for the past thirty odd years. He has cleared up the points of confusion brought on by the rumors and hearsay that had no basis in facts.” Therefore, it should come as absolutely no surprise to any honest researcher that Leavelle would proffer Poe not marking the spent shells.
Myers also speculates that due to the presence of DPD Sgt “Pete” Barnes at the Tippit murder scene, allegedly “a few minutes” after Benavides had handed Poe the two spent shell casings, Poe may have handed the shell casings to Barnes without marking them (With Malice, Chapter 8). Whilst Myers is free to speculate as much as he wants, the fact remains that Poe insisted he had marked the two shell casings given to him by Benavides. Then again, we cannot know with absolute certainty that Poe did mark the shell casings. In fact, perhaps the best argument against the shell casings being switched (ironically) came from Sgt. Gerald Hill. When Hurt interviewed Hill in 1984, Hill explained that if the spent shell casings discovered at the Tippit murder scene had been switched, then Poe’s marks would have been forged onto the shell casings (Hurt, Reasonable Doubt, page 155).
Myers also briefly discusses the issue of Sgt “Pete” Barnes identification of the shell casings which were given to him at the murder scene by Officer Poe. As Myers explains, Barnes ultimately decided that Poe gave him the spent shell casings designated by the FBI as Q-74 and Q-77; which Myers claims were both of the Remington Peters brand (With Malice, Chapter 8). According to his interview with the FBI on June 15, 1964, Barnes had located his mark (this being the letter B) on the aforementioned shell casings (WCE 2011). However, when he testified before the Warren Commission on April 7, 1964, Barnes claimed that the two shell casings he was given were actually Q -74 and Q-75. Myers actually admits that this was the case in his book (With Malice, Chapter 8). Barnes also told the Warren Commission that he placed the letter B ” … the best that I could, inside the hull of Exhibit 74 -I believe it was Q-74 and Q-75 … “ (WC Volume VII, page 275).
In his demeaning article on researcher Don Thomas’ work on the Tippit murder, Myers explains that Barnes’ mark, “a crude letter B”, can be seen on the inside of the spent shells casings designated Q-74 and Q-77. Myers then went on to explain that this means Barnes did mark the spent shell casings after Poe had given them to him (see the blog post The Tippit Murder: Why Conspiracy Theorists Can’t Tell the Truth about the Rosetta Stone of the Case Against Lee Harvey Oswald on Myers’ blog). Curiously, this explanation is absent from Myers’ book. Although Barnes may very well have placed this crude looking B (which actually looks like the letter D) inside the spent shell casings, this reviewer discusses below that Barnes lied about the fingerprints discovered on Tippit’s squad car in order to conceal the possibility that Oswald didn’t shoot Tippit. Therefore, it is entirely conceivable that Barnes deliberately placed his crude looking mark inside the spent shell casings which the DPD had substituted for the ones which were actually discarded by Tippit’s killer after he shot Tippit, in order to make it appear as though there was no substitution for the spent shell casings.
Myers writes that; “Two of the four shells recovered at the [Tippit murder] scene have a clear, unbroken chain of custody and were proven to have been fired in Oswald’s revolver to the exclusion of all other weapons” (With Malice, Chapter 8). Myers is referring to the two spent shell casings allegedly discovered by the Davis sister-in-laws shortly following Tippit’s murder, which they then gave to the DPD. Of course, Myers’ explanation ignores all of the aforementioned evidence (including evidence discussed further on) that the spent shell casings recovered from the vicinity of the Tippit murder scene were switched. Myers also discusses the allegations that Tippit’s killer was actually armed with an automatic handgun. The first report that Tippit’s killer was armed with an automatic handgun was from DPD Officer Howell W. Summers, whom reported over the DPD radio that an “eyeball” witness claimed the killer was armed with an automatic (WCE 705/1974). Although Myers believes this witness was Ted Callaway; as discussed previously, there is very good reason to believe that Callaway didn’t actually observe Tippit’s killer; and that the witness could have been the elusive B.D. Searcy.
In any event, this reviewer should point out that Ted Callaway told Myers during an interview in 1996 that the reason he allegedly thought the killer was armed with an automatic was because; “he [the gunman] had his pistol in a raised position and his left hand going to the pistol. My sidearm was a forty-five. When I was in the Marine corps, and I’d used that same motion before in pushing a loaded magazine up to the handle of a forty-five, you know? And so, when they [the DPD] asked me what kind of gun that he had I told them it was an automatic; on account of that motion.” (With Malice, Chapter 8). No matter whom one might believe was the witness who provided Officer Summers with the information that the killer was armed with an automatic, the witness may have been mistaken if he didn’t get a really good view of the weapon, and if he thought the shots were fired in rapid succession. Keep in mind that the recollections of how many shots, and the sequence in which they were fired at Tippit, were recalled differently by the witnesses who heard the shots. Therefore, it doesn’t necessarily mean that the gun used to kill Tippit was an automatic if a particular witness recalled hearing the shots fired rapidly.
The second claim that the spent shell casings found in the vicinity of the Tippit murder scene were fired from an automatic was by Sgt. Gerald Hill. Hill broadcast the following message over the DPD radio at approximately 1:40 pm; “The shell at the scene indicates that the suspect is armed with an automatic .38 rather than a pistol.” (WCE 705/1974). As this reviewer will explain in the upcoming essay on Hill, Hill had by all likelihood framed Oswald for the murder of Officer Tippit, and that Hill only claimed that the spent shell casings were fired from an automatic handgun to divert suspicion away from himself. Unlike many other conspiracy advocates, this reviewer believes that the revolver Oswald allegedly had in his possession was the gun used to kill Tippit. Shortly following Oswald’s arrest at the Texas Theater, Gerald Hill was filmed showing reporters the revolver and the live rounds removed from the revolver. As Myers explains in his book, the bullets removed from Officer Tippit were of the 0.38 special caliber and had five lands and five grooves with a right twist; which are the class characteristics of the barrel of WCE 143 (With Malice, Chapter 8). The bullets removed from Tippit’s body also had microscopic scratches similar to those found on the test bullets fired from the revolver (ibid). Finally, the bullets removed from Tippit’s body showed signs of gas erosion, which results from the bullets being fired through the barrel of a gun where the diameter of the barrel is slightly larger than the diameter of the bullets; as was the case with the “Oswald” revolver (ibid).
In his endnotes, Myers discusses the DPD’s alleged discovery of five Winchester Western cartridges inside Oswald’s front left pants pocket following his arrest. The cartridges were allegedly discovered by detective Elmer Boyd, as Boyd and his partner, detective Richard Sims, allegedly searched Oswald just prior to the first line-up (Dallas Municipal archives, Box 3, Folder 4, Item 5). Sims confirmed that the cartridges were removed from Oswald’s left front pants pocket when he testified before the Warren Commission (WC Volume VII, page 173). However; there are several problems with this alleged discovery. First of all, when Gerald Hill was interviewed by Eddie Barker in 1967, he claimed that Oswald was frisked inside the theater, but made no mention of any live rounds of ammunition being found in Oswald’s pants pocket (read Hill’s interview with Barker). Although Hill denied during his testimony before the Warren Commission that Oswald was searched by the arresting officers after he was handcuffed, his denial may have been to conceal the fact that after Oswald was searched, they had failed to discover the five cartridges in his pants pocket (WC Volume VII, page 66). If this was the case, then Hill had probably forgotten that he was meant to deny during his interview with Barker that Oswald was searched shortly following his arrest at the theater.
Secondly, as researcher Gil Jesus explains on his website, the five rounds of ammunition allegedly removed from Oswald’s pants pocket show corrosion which is consistent with the cartridges having spent a considerable amount of time in either a gun belt or a bullet slide; neither of which were found amongst Oswald’s possessions. Jesus claims that police departments were known to use gun belts and bullet slides; and concludes, based on this assertion, that the five cartridges had originated from the DPD (Read more.) The reader should also keep in mind that the DPD didn’t release the five cartridges to the FBI until November 28, 1963; thus there was more than enough time to fabricate the discovery of the cartridges inside Oswald’s pants pocket (WCD 205, page 206). Finally, consider that, at the time detective Boyd allegedly discovered the five cartridges inside Oswald’s pants pocket, detective Sims had allegedly discovered a bus transfer inside Oswald’s shirt pocket. However, when DPD Chief Jesse Curry was asked by a reporter on the day following the assassination how Oswald had travelled to “the other side of town”, Curry replied that; “We have heard that he [Oswald] was picked up by a negro in a car”, but made no mention of a bus transfer being found in Oswald’s pocket (WCE 2146). Furthermore, researcher Lee Farley has demonstrated that Oswald’s alleged bus ride following the assassination was a likely fabrication (see the thread entitled Oswald and Bus 1213 on John Simkin’s education forum). Therefore, this is more evidence that the DPD would falsify evidence against Oswald.
In the endnotes to his book, Myers acknowledges that several officers who participated in Oswald’s arrest had observed what appeared to be a nick from the firing pin on one of the live rounds inside the revolver allegedly removed from Oswald inside the theater. This included officers Nick McDonald, Bob Carroll, Gerald Hill, and Ray Hawkins. As Myers also acknowledges, when FBI agent Courtlandt Cunningham testified before the Warren Commission, he claimed that there was no evidence that the firing pin of the revolver had hit the bullet (WC Volume III, page 460). In fact, the nick was offset from the centre of the bullet’s primer (ibid). Myers is at a loss to explain what had actually caused the nick. One explanation is that it was put there by the DPD, after perhaps learning from Officers Charles Walker and Thomas Hutson that they heard what they allegedly thought sounded like the snap of the revolver’s hammer (Dallas Municipal archives Box 2, Folder 7, Items 25 and 47). This reviewer will be further discussing the nick on the live round in the upcoming essay on Gerald Hill.
This reviewer should point out that Officer Ray Hawkins told the Warren Commission that “I didn’t know whether it was a snap of the gun or whether it was in the seats someone making the noise” (WC Volume VII, page 94). When Johnny Brewer testified before the Warren Commission, he claimed ” … we heard a seat pop up, but couldn’t see anybody” (ibid, page 5). Therefore, the snapping sound may have been from one of the seats during the scuffle with Oswald, just as Hawkins evidently thought that it might have been. Based on all of the evidence discussed previously, it is this reviewer’s belief that the DPD switched the four spent shell casings found in the vicinity of the Tippit murder scene with spent shell casings they had removed from “Oswald’s” revolver after they fired four live rounds from it. For those who doubt that the DPD could have done this, keep in mind that the revolver was returned to them by the FBI on November 24, 1963, and as stated previously, the DPD released the four spent shell casings to the FBI on November 28, 1963 (WCD 5, page 161), (WCD 205, page 206).
Following his discussion of the ballistics evidence, Myers moves onto a discussion of the fingerprints found on Tippit’s squad car, which were photographed by DPD Sgt. W.E. “Pete” Barnes. As Myers explains, Barnes testified before the Warren Commission that he was told that Tippit’s killer had come up to the right side of Tippit’s squad car, and had possibly placed his hands there (With Malice, Chapter 8). Although Myers admits that Barnes testified that none of the fingerprints found on the car were of value, he nevertheless omits that Barnes also claimed that; “No legible prints were found” after Counsel David Belin asked him; “Were you able to find any identifiable prints?” (WC Volume VII, page 274). (See the photographs of the fingerprints found on Tippit’s squad car.) Looking at the photographs, it is apparent that Barnes was lying when he said that no legible prints were found, as the ridge patterns of some of the fingerprints are distinguishable.
Furthermore, Myers explains that Herbert Lutz, a senior crime scene technician for Wayne County, Michigan, U.S.A, with twenty six years of experience as a latent fingerprint examiner, had examined the fingerprints found on Tippit’s squad car, and that Lutz; ” … was of the opinion that one person was probably responsible for all of them” (With Malice, Chapter 8). Myers then explains that Lutz believed the ridges and furrows of the fingerprints obtained from the top of the right side passenger door of Tippit’s squad car were consistent with the fingerprints obtained from the right front fender of the car (ibid). Significantly, Myers explains that Lutz compared a fingerprint from Tippit’s squad car, which Lutz identified as being created by the “right-middle index finger”, with the print from Oswald’s right-middle index finger on one of his fingerprint cards (ibid). Based on his examination, Lutz concluded that the fingerprints taken from Tippit’s squad car were not Oswald’s (ibid). But if none of the fingerprints from Tippit’s squad car were legible, as Sgt. “Pete” Barnes testified, then how was an experienced latent fingerprint examiner like Lutz able to determine that the aforementioned print was not caused by Oswald’s right middle index finger?
Furthermore, if the fingerprints from Tippit’s squad car were not “legible”, then Lutz would surely have said so. Although Barnes never stated how many years of experience he had photographing and dusting for fingerprints during his testimony before the Warren Commission, he nevertheless stated that he had been doing photography work for the crime scene search section of the DPD since the year 1956, and that he had also been personally making Paraffin tests since that same year (WC Volume VII, pages 272 and 279). Therefore, it is apparent that Barnes also had seven years of experience photographing and dusting for fingerprints by the time Tippit was killed. With that in mind, it is inconceivable that Barnes could possibly believe that the prints from Tippit’s squad car were not legible. As stated previously, Barnes testified before the Warren Commission that he was told that Tippit’s killer had come up to the right side of Tippit’s car, and had possibly placed his hands on there. Therefore, it is apparent that Barnes and the DPD wanted to conceal evidence that showed Oswald might be innocent of killing Tippit. Myers must surely be aware of this fact, but by omitting the fact that Barnes testified there were no legible prints found on Tippit’s squad car, he can pretend that this was not the case.
Of course, the question remains as to whether or not Tippit’s killer did in fact place his hands on the right side of Tippit’s squad car. As Myers explains, witness Jimmy Burt claimed that Tippit’s killer had placed his hands on the right side of the car, as he leaned down and talked to Tippit through the window (With Malice, Chapter 8). In his endnotes, Myers references this claim to Burt’s interview with Al Chapman in 1968. However, Myers also explains that Jack Tatum “specifically recalls” that as he drove past Tippit’s squad car, the killer had both of his hands inside his zipper jacket as he spoke to Tippit (ibid). As this reviewer has discussed previously, it is quite unlikely that Tatum actually witnessed Tippit being shot as he proclaimed; and was coerced into claiming that he had. Thus, his claim that Tippit’s killer had both of his hands in his pockets may have been to dispel the notion that the fingerprints found on the right door of Tippit’s squad car belonged to Tippit’s real killer. By the same token, Jimmy Burt’s claim that he observed Tippit’s killer place his hands on the right side of Tippit’s squad car should also be taken with a grain of salt; as Burt made no mention of having seen the killer talking to Tippit through the window during his interview with the FBI on December 15, 1963, (WCD 194, page 29).
One other witness who claimed she saw Tippit’s killer lean over and place his hands on the right door of Tippit’s squad car was Helen Markham. Although Myers mentions that Markham demonstrated to the DPD officers at the Tippit murder scene how the killer had leaned on the passenger (right side) door of Tippit’s squad car as he spoke through the “cracked vent window” in chapter five, he curiously omits this from his discussion of the fingerprints in chapter eight. When Markham testified before the Warren Commission, she stated that the killer had placed his arms; “On the ledge of the window” (WC Volume III, page 307). In fact, during a television interview, Markham demonstrated that the killer had placed both of his hands on the top of the window ledge as he leaned over to talk with Tippit (See the footage.) Yet, all of the fingerprints in question were (allegedly) removed from the outside of the right front door.
If Tippit’s killer had placed his hands on the outside of the right front door of Tippit’s squad car; then the killer (by Hubert Lutz’s examination of the fingerprints) was not Oswald. Although Markham was consistent with her claim that she observed Tippit’s killer place his hands on the right front door of Tippit’s squad car, this reviewer should point out that given the angle from which she observed Tippit’s killer as she was standing on the northwest corner of the tenth and Patton street intersection, and given her overall lack of credibility as a witness, Markham’s claim that Tippit’s killer had placed his hands on top of the window ledge should not be taken too seriously. In conclusion, given that there is no credible eyewitness account that Tippit’s killer was responsible for the fingerprints found on the right side of Tippit’s squad car, the lack of Oswald’s prints on the squad car shouldn’t be used as proof that Oswald didn’t shoot Tippit.
The final piece of evidence which Myers uses to convict Oswald for Tippit’s murder is the light gray zipper jacket (WCE 162) which the killer discarded in the parking lot behind the Texaco Service station located on Jefferson Blvd. The DPD allegedly discovered the jacket under the rear of a car in the parking lot (With Malice, Chapter 8). It is alleged that Tippit’s killer discarded the jacket to alter his appearance. This reviewer has no qualms with that assertion. Myers uses Marina Oswald’s testimony before the Warren Commission as evidence that the light gray jacket was owned by Oswald, but once again neglects to inform his readers of the problems with Marina’s credibility. Although Myers acknowledges that the jacket had the size M (Medium) printed in its collar, he never mentions that Oswald wore size small shirts and sweaters (WCD 205, pages 162 and 163). In light of this fact, it makes little sense that Oswald would be wearing a size medium jacket.
The DPD discovered that the light gray jacket had a dry cleaner tag inside it with the number B 9738. This was broadcasted over the DPD radio at about 1:44 pm (CE 705/1974). The jacket also contained the laundry mark “30” in its collar (Dallas Municipal archives, Box 9, Folder 4, Item 5). Myers admits that the FBI had canvassed hundreds of dry cleaners in Dallas and New Orleans; and that they were unable to determine if any of them had served Oswald, or had even used a laundry tag identical to the one found inside the jacket (With Malice, Chapter 8). In fact, the FBI also claimed that none of Oswald’s other clothing contained a dry cleaners or laundry mark that could be associated with the laundry tag of the light gray jacket (ibid). Although Myers states that none of Oswald’s belongings contained any dry cleaning tags, a pair of Khaki-colored trousers and a Khaki long-sleeved shirt which belonged to Oswald, contained laundry tags bearing the number “03230”. However, this is not identical to the laundry mark or dry cleaning tag found on the light gray jacket. Finally, even Myers admits that Marina Oswald told the FBI that she could not recall if Oswald ever sent the light gray jacket to a dry cleaner; but that she recalled hand washing them herself (ibid).
Myers admits that the eyewitness recollections of what color the jacket that Tippit’s killer was wearing varied from one witness to another, and that Earlene Roberts, the housekeeper at the rooming house on 1026 North Beckley where Oswald was allegedly living at the time of the assassination, gave differing accounts of what color the jacket the man (whom she thought was Oswald) was wearing as he left the rooming house (With Malice, Chapter 8). Oswald had allegedly returned to the rooming house following the President’s assassination, and left after allegedly retrieving the jacket and the revolver used to kill Tippit. When Roberts testified before the Warren Commission, she explained that as “Oswald” was leaving the rooming house, he was zipping up a jacket (WC Volume VI, page 439). When Counsel Joseph Ball showed Roberts the light gray jacket, she claimed that the jacket which “Oswald” was wearing when he left was a darker colored jacket (ibid). However, Myers explains that when Roberts was interviewed on radio during the afternoon of November 22, 1963, she “accurately described” the jacket “Oswald” was wearing when he left as a “short gray coat” (With Malice, Chapter 8).
Whilst Roberts may certainly have been describing the light gray jacket found in the parking lot behind the Texaco Service station, this reviewer has previously pointed out that researcher Lee Farley has explained that it was actually Larry Crafard (and not Oswald) who was living at the 1026 North Beckley rooming house at the time of the assassination. Therefore, it may well have been Crafard whom Roberts observed entering and then leaving the rooming house with the jacket. In fact, as Greg Parker has explained to this reviewer, researcher Mark Groubert believes the jacket Crafard was wearing when he was photographed by the FBI on November 28, 1963, was from the same manufacturer of WCE 162; namely Maurice Holman of Los Angeles, California (See the thread entitled The Stevenson Incident and the Assassination on Greg Parker’s research forum).
There are also problems with the discovery of the jacket. To give one example, the Warren report states that the jacket was discovered by DPD captain W.R. Westbrook (WCR, page 175). However, this was a lie! When Westbrook testified before the Warren Commission, he stated that as the jacket was still lying on the ground, it was pointed out to him by “someone”; whom he thought might have been a DPD Officer (WC Volume VII, page 115). In fact, Westbrook testified that the jacket was pointed out to him after the false alarm at the Jefferson Branch Library (ibid). But according to the transcripts of the DPD radio recordings, an unidentified Officer (whom Myers believes was motorcycle officer J.T. Griffin) broadcasted the discovery of the jacket at approximately 1:25 pm (WCE 705/1974). According to the same transcripts, Officer Charles Walker broadcasted on the radio that he had seen whom he thought was Tippit’s killer entering the Jefferson Branch Library at approximately 1:35 pm! So unless the Officer(s) who discovered the jacket decided to leave it lying on the ground for over ten minutes following its discovery, Westbrook lied when he said it was lying on the ground when it was pointed out to him. Myers mentions none of this to his readers.
Myers asks the reader; “If Oswald didn’t kill Tippit, what happened to his [Oswald’s] jacket?” He then cites an a FBI lab report, dated December 3, 1963, in which it is stated that dark-blue, gray-black, and orange-yellow cottons fibers were found in the debris removed from the inside areas of the sleeves of the jacket, and that the fibers “match” in their microscopic characteristics to the fibers from the shirt (WCE 150) which Oswald was wearing when he was arrested inside the Texas theater. However, this finding is nowhere to be found in the Warren Report, and it was not mentioned by Paul Morgan Stombaugh, the FBI’s hair and fiber examiner, when he testified before the Warren Commission. In his endnotes, Myers explains that in a letter he wrote in the year 1998 to former Warren Commission counsel, David Belin, he asked him why this alleged finding was not used by the Commission. According to Myers, Belin’s response was that there was “overwhelming” evidence to tie Oswald to the Tippit shooting, such as the “positive” identification of Oswald as the killer by witnesses, and the ballistics evidence. Belin went on to explain that the “experts” retained by the commission determined that individual fibers are not unique, and that apparently he didn’t believe that the quality of the fiber evidence was as good as the ballistics identification of the spent shell casings allegedly recovered from the Tippit murder scene as having been fired from “Oswald’s” revolver. In spite of Belin’s explanation to Myers, it seems incredibly odd to this reviewer that the Warren Commission would never mention this alleged finding.
Myers naturally believes that the fibres allegedly found inside the sleeves of the light gray jacket are authentic, and that they weren’t placed there by either the DPD or the FBI. However, this ignores all of the previously discussed evidence that the spent shell casings discovered at the Tippit murder scene were switched to ensure that the shell casings would be ballistically matched to the revolver which Oswald allegedly had in his possession when he was arrested. It also ignores all of the previously discussed evidence that the eyewitnesses were coaxed by the DPD into identifying Oswald as Tippit’s killer; and the aforementioned memorandum from Alan Belmont to William Sullivan on November 26, 1963. On his website, researcher Pat Speer explains that the DPD had likely planted fibers from the shirt Oswald was wearing when he was arrested onto the butt end of the rifle discovered on the sixth floor of the TSBD (Read more.) Such a notion reinforces the belief that it was the DPD who planted fibers from that shirt into the sleeves of the light gray jacket.
Should the reader remain unconvinced that the DPD wanted Oswald to be found guilty of Tippit’s murder, then consider the following from Ted Callaway’s testimony before the Warren Commission. Callaway explained to Counsel Joseph Ball that when he and Sam Guinyard were waiting to view the line-up of Oswald, detective Jim Leavelle told them; “When I show you these guys [in the line-up], be sure, take your time, see if you can make a positive identification … .. We want to be sure, we want to try to wrap him [Oswald] up real tight on killing this officer. We think he is the same one that shot the President. But if we can wrap him up tight on killing this officer, we have got him” (WC Volume III, page 355). Sam Guinyard, who allegedly viewed the line-up with Callaway, denied during his testimony that any DPD Officer had said anything to them before they viewed the line-up (WC Volume VII, page 400). Cecil McWatters; the bus driver who also allegedly viewed the line-up of Oswald with Callaway, also failed to confirm that any DPD Officer had said anything to them before they viewed the line-up.
Despite the lack of corroboration by Guinyard and McWatters, during an interview with author Joseph McBride, Leavelle claimed that captain Fritz told him to ” … .go ahead and make a tight case on him [for Tippit’s murder] in case we have trouble making this one on the presidential shooting.” (McBride, Into the Nightmare, pages 235 and 236) Not only do these statements imply that the DPD were determined that they wanted Oswald to be convicted for both Tippit’s murder and the President’s assassination, but that they would also fabricate evidence to ensure that such was the case. One could rightly ask why Callaway would want the Warren Commission to know that the DPD wanted Oswald to be found guilty of Tippit’s murder if he was coerced by them into identifying Oswald as the killer. This reviewer can think of two alternative reasons. Perhaps Callaway was under a fair amount of pressure (and nervous) when testifying, and therefore, he didn’t realize the implication of what he told the Commission. On the other hand, perhaps Callaway, feeling guilty for helping to implicate Oswald, wanted to give the Commission a clue that he was coerced into identifying Oswald by the DPD. One could also ask why Callaway, and indeed all the other witnesses who had been coerced into identifying Oswald, wouldn’t eventually confess that they had been coerced into identifying Oswald as Tippit’s killer. In this reviewer’s opinion, it was probably because they didn’t want to expose themselves as liars who helped convict an innocent man for murder.
Myers concludes this chapter with the following remarks: “The physical case against Oswald is impressive. When combined with his actions, there seems little doubt he killed J.D. Tippit.” But as this reviewer has demonstrated throughout this review, this is hyperbole of the first order. Myers then writes; “But before drawing any conclusions, it’s important to consider some of the claims that challenge the notion of Oswald as perpetrator.”
IX: Hints and allegations
Throughout this chapter, Myers discusses many of the allegations made by conspiracy advocates concerning Tippit’s murder. For the purpose of this review, I will only be discussing two of the allegations which Myers writes about in his book. According to Myers; ” … many claims have been proven to be groundless, but some hold just enough intrigue to make us wonder if there really isn’t more to the whole story” (With Malice, Chapter 9). The first allegation which Myers discusses is the discovery of a wallet in the vicinity of the Tippit murder scene containing identification for Oswald and his alleged alias, Alek James Hidell. The wallet can be seen in film footage by WFAA-TV cameraman Ron Reiland, as it is shown to DPD captain George M. Doughty by Sgt. Calvin “Bud” Owens (ibid). A third person, believed to be Captain Westbrook, reaches for the wallet with his left hand, just as Reiland’s footage of the wallet concludes (ibid).
The allegation surfaced when former FBI agent James Hosty wrote in his book Assignment Oswald that captain Westbrook had shown FBI agent Robert M. Barrett a wallet allegedly found at the Tippit murder scene which contained identification for Oswald and Hidell; and had asked Barrett if the FBI knew anything about Oswald and Hidell (ibid). However, Myers writes that when he interviewed Barrett in 1996, Barrett told him that he wasn’t shown any of the identification inside the wallet, but that Westbrook merely asked him if he knew who Lee Harvey Oswald or Alek James Hidell were, as he held the wallet in his hand (ibid). In fact, Myers explains that Barrett was adamant that he was asked about the names at the Tippit murder scene (ibid). But contrary to Barrett’s claim, identification for Hidell was allegedly found inside Oswald’s wallet after he was arrested inside the Texas Theater. After Oswald had been placed into an unmarked DPD car to be taken to DPD headquarters, detective Paul Bentley removed a wallet from Oswald’s pants pocket (Dallas Municipal archives, Box 2, Folder 7, Item 4).
If both accounts are true, then the implication is that Tippit’s killer left the wallet containing identification for Oswald and Hidell after he killed Tippit to incriminate Oswald. The only other explanation is that for some bizarre reason, Oswald was carrying two wallets with him when he shot Tippit, and then he (unbelievably) left one of them behind which had identification for Hidell in it. However, it makes little sense that Oswald would be carrying two wallets on his person; let alone that he would have identification for Hidell in his wallet on the day he allegedly used a rifle he ordered under that name to assassinate the President. According to Myers, Barrett also told him that a witness claimed that Tippit’s killer had handed Tippit a wallet through the right front passenger window of his squad car (With Malice, Chapter 9). However, the identity of this so-called witness is unknown. As this reviewer has discussed previously, Barrett wrote in his report on the day of the assassination that he heard Oswald yell in a loud voice; “Kill all the sons of bitches!” inside the Texas Theater as he was scuffling with DPD Officers (WCD 5, page 84). But as stated previously, Barrett was almost certainly lying about this, as no other witness or DPD Officer involved in Oswald’s arrest ever claimed that Oswald yelled out “Kill all the sons of bitches!” This then raises the possibility that Barrett was lying when he said that Captain Westbrook had asked him at the Tippit murder scene if he knew who Oswald and Hidell were; in order to reinforce the notion that Oswald was Tippit’s killer.
Myers’ contention is that Barrett had simply misremembered where he was when Westbrook asked him if he knew who Hidell and Oswald were, and that the wallet which Paul Bentley removed from Oswald’s pocket en route to DPD headquarters contained identification for both Oswald and Hidell (With Malice, Chapter 9). Myers explains that Barrett failed to mention the wallet in his report which he wrote on the day of the assassination, and that he had failed to mention the wallet again when he testified before the Senate Select Committee on Intelligence Activities in 1975 (ibid). This also raises the possibility that Barrett lied when he claimed that Westbrook asked him if he knew who Oswald and Hidell were to counter all the claims that Oswald wasn’t Tippit’s murderer. On the other hand, perhaps Barrett didn’t mention the wallet in his report on the day of the assassination because he had assumed that the DPD would have mentioned it to the media, and that the officers present at the Tippit murder scene would have mentioned it in their own reports. Hence, Barrett may have thought that there would be no point of him mentioning it in his own report. Alternatively, Barrett may have neglected to mention it if he had observed/heard one of the DPD Officers broadcast the discovery of the wallet with identification for Oswald and Hidell over the police radio at the Tippit murder scene. Although no such transmission exists in the transcripts of the DPD radio recordings, this transmission may have been removed from the recordings to hide the fact that Oswald had been framed for Tippit’s murder.
Rather than simply speculating whether Barrett lied, or even misremembered where he was when Captain Westbrook asked him if he knew who Oswald and Hidell were, let’s consider all of the evidence which supports Barrett’s claim; evidence which Myers either omits, distorts, or buries in his endnotes.
But first, it’s important to keep in mind that several disinformation shills such as Vincent Bugliosi and David Von Pein have argued that the wallet filmed by Ron Reiland belonged to Tippit. However, Myers explains that in the year 2012, he was shown photographs of Tippit’s wallet which; ” … clearly show that Tippit’s black billfold was different in style than the one depicted in the WFAA-TV film footage [by Ron Reiland]” (ibid). The bottom line is that Tippit’s wallet was definitely not the wallet which Reiland filmed. Myers also explains that in the year 2009, he interviewed reserve Sgt. Kenneth Croy, the first officer to arrive at the Tippit murder scene. Croy told Myers that after he arrived at the murder scene, he recovered Tippit’s revolver and a billfold (wallet) which he thought had seven different ID’s in it; but that none was for Oswald. In fact, Myers writes that Croy was “particularly adamant” that there was no identification for Oswald in the wallet (ibid). However, researcher Jones Harris told George Bailey that when he (Jones) interviewed Croy in 1990, Croy claimed that he didn’t examine the contents of the wallet (See George Bailey’s review of With Malice on his blog).
Croy told Myers that a witness claimed that Tippit’s killer threw the wallet away as he fled. However, Myers explains that no witness has come forward saying that the killer discarded a wallet as he fled (With Malice, Chapter 9). But if Croy’s recollection was correct, then it would seem that Oswald wasn’t Tippit’s killer, as there was no identification for Oswald inside the wallet. Croy also told Myers that Tippit’s killer picked up Tippit’s revolver then threw it away; and that it was allegedly found with the wallet a short distance from the murder scene (ibid). But contrary to Croy’s recollection, when he testified before the Warren Commission, he said that; “There was a report that a cab driver [William Scoggins] had picked up Tippit’s gun and had left, presumably”, but made no mention of a witness who allegedly saw the killer toss Tippit’s revolver (WC Volume XII, page 202). In fact, it was allegedly Ted Callaway who had picked-up Tippit’s revolver from the ground, and then placed it on the hood of Tippit’s squad car (WC Volume III, page 354). Furthermore, T.F. Bowley claimed that he had taken Tippit’s gun from the hood of Tippit’s car, and placed it inside the car (Dallas Municipal archives, Box 2, Folder 3, Item 14). Suffice it to say, Kenneth Croy’s forty six year old recollections are not particularly credible.
In his endnotes, Myers explains that assassination researcher John Armstrong wrote in his book Harvey and Lee that when researcher Jones Harris interviewed Kenneth Croy in the year 2002, Croy told him that an unidentified civilian had handed him a wallet “later found to contain identification for Lee Harvey Oswald and Alex Hidell.” Myers then reminds his readers that Croy told him during his interview in the year 2009 that the wallet didn’t contain identification for Oswald. According to researcher George Bailey, Harris told him that when he interviewed FBI agent Robert Barrett, he asked Barrett why didn’t mention the wallet in his report. Harris claimed that Barrett replied; “What was the point Mr. Harris, after all, the man is dead” (See George Bailey’s review of With Malice on his blog). Although it is not clear from reading Bailey’s review whether Barrett was referring to Oswald or Tippit when he allegedly told Harris ” … after all, the man is dead”, if he was referring to Oswald, either Barrett was mistaken or lying (or perhaps Harris was lying), as Oswald was very much alive when Barrett wrote out his report on the day of the assassination (WCD 5, page 84). Suffice it to say, it would be foolish to consider what Harris told Bailey (including what Croy allegedly told Harris for that matter) as being unquestionably reliable.
During a filmed interview, former FBI analyst Farris Rookstool claimed that Kenneth Croy informed him that he had recovered Oswald’s wallet at the murder scene. (See the interview of Rookstool.) Robert Barrett was also interviewed, and again insisted that he was asked about Oswald and Hidell at the Tippit murder scene. Croy’s claim to Rookstool that he recovered Oswald’s wallet contradicts what Croy allegedly told Myers in 2009. Given all of the contradictions between the statements which Croy allegedly made to the aforementioned researchers, this reviewer takes everything Croy allegedly had to say about the wallet with a grain of salt. Also, readers are encouraged to read through Lee Farley’s discussion of Croy’s credibility in the thread entitled Kenneth Hudson Croy at Greg Parker’s research forum.
Myers explains to his readers that a number of people who were at the scene “in the first moments”, such as Jack Tatum, Ted Callaway, and ambulance attendant Eddie Kinsley and Clayton Butler, insisted that no wallet was found near Tippit’s body (With Malice, Chapter 9). However, as this reviewer has discussed previously, Tatum and Callaway should not be regarded as credible witnesses, as they were most likely coerced into identifying Oswald as the killer. With this mind, if a wallet containing identification for Oswald was really found at the Tippit murder scene (which would imply that Oswald was framed for the murder), then perhaps Callaway and Tatum were also coerced into saying that no wallet was found. As for Kinsley and Butler, Myers explains that the only thing they reported seeing lying near Tippit’s body was his revolver (ibid). Of course, this doesn’t discount the possibility that the wallet with identification for Oswald and Hidell may have been found on the right side of Tippit’s squad car.
When Myers interviewed former DPD Officer Joe Mack Poe in 1996, Poe told him that to his knowledge, no wallet was found at the scene (ibid). However, given the controversy created by his missing marks from two of the spent shell casings recovered at the murder scene, Poe may only have said that to Myers to avoid stirring up another controversy. Myers also interviewed Poe’s partner, Leonard Jez, and he also claimed that he knew nothing about a wallet being found at the murder scene (ibid). However, in his endnotes, Myers explains that when Jez had attended a conference for JFK assassination researchers on November 20, 1999, he allegedly told researcher Martha Moyer that Oswald’s wallet had been found at the Tippit murder scene! According to Myers, Moyer told him in an email exchange in December, 2012, that she was listening to Jez as he was talking about his experiences at the Tippit murder scene during the conference banquet, when she asked him whose wallet was found there. Moyer also explained to Myers that she thought Jez said he heard the names Oswald and Hidell mentioned as the wallet was being examined at the scene. When Moyer asked Jez if he was certain that a wallet containing identification for Oswald was found at the murder scene, Jez told her (without smiling); “Missy, you can take it to the bank!”
Myers attempts to discredit what Jez allegedly told Moyer by noting that during the morning of the conference when Jez was interviewed on camera, he claimed that he didn’t remember seeing a wallet. Myers then smugly writes that “more importantly”; Moyer’s account is at odds with what Jez told him (Myers) during his interview with him in 1996. Namely that he didn’t know anything about a wallet being found. However, Jez may have only said this to Myers, because at the time, Jez may not have known that James Hosty had published Barrett’s allegation that the wallet discovered in the vicinity of the murder scene contained identification for Oswald and Hidell in his book Assignment Oswald, and didn’t want to start a controversy over it. Furthermore, as researcher John Armstrong explains in his book, a confidential source who knows Jez claimed that Jez doesn’t want to be formally interviewed on the issue of the wallet, but he told her (the confidential source); “You can bet your life that was Oswald’s wallet.” (Armstrong, Harvey and Lee: How the CIA framed Oswald, pages 856 and 857). Revealingly, Myers doesn’t mention this information; even though he did mention the allegation that Croy was given a wallet containing identification for Oswald and Hidell which was on the same page of Armstrong’s book!
If Jez didn’t want to be formally interviewed on the issue of the wallet, as the confidential source claims, then this could explain why Jez didn’t tell the audience at the JFK assassination conference that a wallet containing identification for Oswald and Hidell was examined at the Tippit murder scene. As for why he would later tell Martha Moyer about the wallet; perhaps after learning (sometime prior to the conference) that Barrett claimed a wallet containing identification for Oswald and Hidell was found in the vicinity of the murder scene, Jez felt comfortable enough to tell someone about it to get it off his chest. The reader should keep in mind that in the endnotes to his book, Myers wrote that after the first edition of his book was published in 1998, he gave Jez a copy of the book. Therefore, it would seem that Jez learned about Barrett’s allegation from reading Myers book. The end result is that two independent sources claimed that Jez told them it was Oswald’s wallet which was found at the murder scene, and although Jez referred to the wallet as belonging to Oswald, he naturally would have assumed this to be the case if he heard Oswald’s name mentioned as the contents of the wallet were being examined.
In addition to Robert Barrett, Kenneth Croy, and Leonard Jez, evidence that the DPD were examining a wallet containing identification for Oswald and Hidell at the murder scene comes from Julia Postal, the Texas theater cashier. In her interview with the FBI on February 27, 1964, Postal claimed that the Officers who were arresting Oswald identified him to her by calling out his name (WCD 735, page 265). However, the official story is that Oswald’s wallet was removed from Oswald’s left hip pocket after he was taken out of the theater, and that the DPD didn’t broadcast over the radio that Oswald was missing from the TSBD after the superintendent, Roy Truly, had informed Captain Fritz of this fact. But if the DPD had discovered identification for Oswald in the wallet being examined at the Tippit murder scene with his photograph on it, then this would explain how they knew his name was Oswald.
Myers acknowledges in his endnotes that Postal told the FBI that Oswald’s name was called out by the arresting officers. But Myers explains that in her interview with the USSS on December 3, 1963, she made no mention of the “onsite identification” (WCD 87, page 819). Myers also explains that in her affidavit to the DPD on December 4, 1963, Postal claimed that “Later on I found out that the man’s name, who the officers arrested at the Texas Theater, was Lee Harvey Oswald.” (Dallas Municipal archives, Box 2, Folder 3, Item 21). Finally, Myers writes that when Postal testified before the Warren Commission, she explained that; ” … the officers were trying to hold on to Oswald – when I say ‘Oswald’, that man, because as I said, I didn’t know who he was at that time … ” (WC Volume VII, pages 12 and 13). Whilst all of this true, the fact that Postal didn’t inform the USSS that she heard Oswald’s name being called doesn’t actually contradict what she told the FBI.
As for what Postal said in her affidavit to the DPD, Postal may have only claimed that she found out later on that Oswald was the man who was arrested, if the DPD had coerced her into saying so. Think about it. If the DPD wanted to hide evidence that a wallet containing identification for Oswald was found in the vicinity of the Tippit murder, they would coerce Postal into not mentioning that Oswald’s name was called out before his wallet was removed from his pocket. But then why would Postal inform the FBI that Oswald’s name was called out? In this reviewer’s opinion, it is entirely conceivable that Postal forgot that she was not to mention it when she was interviewed by the FBI. If the DPD had learned that she did tell the FBI, then they would have reminded her not to mention it when she testified before the Warren Commission. This could explain why she stated during her testimony that she didn’t know who he was at the time.
Myers explains that after Oswald was arrested, Sgt. Gerald Hill was ” … the first person on record talking about Oswald’s wallet” (With Malice, Chapter 9). During a television interview recorded by NBC-TV, a reporter asked Hill; “What was his [Oswald’s] name on the billfold?” (WCE 2160). The reporter surely meant to ask Hill what the name inside the billfold was. Hill responded that it was Lee H. Oswald (ibid). Myers acknowledges this in his book, but omits that Hill never told the reporters that the name Hidell was also found inside the wallet. When Hill testified before the Warren Commission, he claimed that after detective Paul Bentley removed Oswald’s wallet from his pants pocket, he called out Oswald’s name from the wallet (WC Volume VII, page 58). He went on to say that Bentley called out another name which he couldn’t remember, but that it was the same name (Hidell) that Oswald “bought the gun under”, and that Hidell sounded like the name her heard Bentley call out (ibid). But despite allegedly knowing at the time he was questioned by reporters that the name Hidell was inside Oswald’s wallet when Oswald was arrested, Hill only mentioned the name Oswald.
Myers writes that when detective Paul Bentley was interviewed on the day following the assassination by WFAA-TV, he stated that he obtained Oswald’s identification from his wallet (With Malice, Chapter 9). However, what Myers omits is that Bentley was specifically asked during that interview what kind of identification Oswald had in his wallet. Bentley responded that he obtained Oswald’s name from a Dallas public Library card, and that he thought Oswald had a driver’s license, credit cards, and “things like that”, but made absolutely no mention of any identification for Hidell being discovered! (See the interview.) In fact, Bentley also made no mention of identification for Hidell being found in Oswald’s wallet in his arrest report to Chief Curry; the same report in which he wrote that he had obtained Oswald’s name from his wallet en route to police headquarters (Dallas Municipal archives, Box 2, Folder 7, Item 4). When the FBI interviewed Bentley on June 11, 1964, he allegedly admitted that he removed a Selective Service System, Notice of Classification Card; and a United States Marine Corps Certificate of Service Card, both bearing the name Alek James Hidell from Oswald’s wallet (WCE 2011). Despite whether or not Paul Bentley actually informed the FBI that he did remove these cards from Oswald’s wallet, it is utterly inconceivable that Bentley would not remember one day following the assassination that he had found identification for Hidell inside of Oswald’s wallet.
Myers informs his readers that detective Bob Carroll also testified before the Warren Commission that he recalled two names being mentioned inside the unmarked DPD car which took Oswald to Police headquarters (With Malice, Chapter 9). However, Myers does not inform his readers that Carroll made no mention of this in his arrest report to Chief Curry. In fact, none of the five Officers who were with Oswald inside the car; Bob Carroll, Kenneth Lyon, Gerald Hill, Paul Bentley, and Charles Walker mentioned anything about identification for a second name being found inside of Oswald’s wallet (Dallas Municipal archives, Box 2, Folder 7, Items 4, 12, 23, 28, and 47). Though granted, the fact that none of the five officers mentioned in their reports that identification for a second name was found inside Oswald’s wallet, doesn’t necessarily mean that no identification for a second name was found.
It is also noteworthy that Dallas DA Henry Wade didn’t mention that identification bearing the name Hidell was found inside of Oswald’s wallet during his press conferences on November 22 and 23, 1963. In fact, Wade first mentioned the Hidell name on Sunday, November 24, when he told reporters that Oswald had ordered the rifle allegedly used to assassinate President Kenney under that name (WCE 2168). According to Mark Lane’s testimony before the Warren Commission, Henry Wade’s office had released the name “A. Hidell” on November 23, 1963, after the FBI had “indicated” that Oswald had ordered the rifle under that name (WC Volume II, page 46). However, it would seem that Lane was in error, as Wade apparently didn’t tell reporters about the name Hidell until Sunday November 24, 1963. Myers does not point this out to his readers.
On the day following the assassination, DPD chief Jesse Curry informed reporters that the FBI had the money order which Oswald allegedly used to order the rifle under the name “A. Hidell” (WCE 2145). However, Curry did not inform the reporters that identification for Hidell was found in Oswald’s wallet after he was arrested. In fact, Curry claimed that he didn’t know if Oswald had ever used the name Hidell as an alias before (ibid). Myers does not mention this to his readers. In that same press conference, Curry explained that this evidence would be shown to Oswald by Captain Will Fritz, but gave no indication that Fritz was already aware of the fact that the rifle was ordered using the name A. Hidell (ibid). When Fritz testified before the Warren Commission, Counsel Joseph Ball asked him if he had questioned Oswald on the day of the assassination about ” … this card which he [Oswald] had in his pocket with the name Alek Hidell?”, to which Fritz responded that he did (WC Volume IV, pages 221 and 222). When Chief Curry testified before the Warren Commission, he indicated that he had spoken to Captain Fritz on the day of the assassination following Oswald’s first interrogation (WC Volume IV, page 157).
If identification for Hidell was found in Oswald’s wallet, then presumably, Fritz would have informed Curry of that fact. And if he did, it is inconceivable that Curry would not have informed the reporters that identification for the same name which Oswald allegedly used to order the rifle was not found in his wallet following his arrest. However, it’s possible that since a connection between the name Hidell and the money order for the rifle had not yet been established on the day of the assassination, Fritz may not have informed Curry that identification for Hidell was found in Oswald’s wallet. Therefore, it should not be assumed that just because Curry didn’t inform the reporters that identification for Hidell was found in Oswald’s wallet, Oswald actually didn’t have such identification in his wallet.
The reader should keep in mind that in his report to Chief Jesse Curry, detective Paul Bentley claimed that he turned Oswald’s identification over to Lt. T.L Baker of the homicide and Robbery bureau (Dallas Municipal archives Box 2, Folder 7, Item 4). According to Myers, when he interviewed Lt. Baker in the year 1999, Baker told him that; “The Officers [who brought Oswald from the Texas Theater] handed [the wallet] to me and I left it on Captain Fritz’ office desk for just a couple of minutes. I asked that two officers stay with him in the interrogation room because all our Officers were out at the time. So then, I went back in Captain Fritz’ office and I started going through his billfold [wallet] and I came across two sets of identification -Hidell and Oswald” (With Malice, Chapter 9). Baker then went to explain that Oswald told him his real name was Oswald; and that he then turned the wallet over to Captain Fritz (ibid).
What Myers doesn’t tell his readers is that, contrary to what Baker told him in 1999, Baker never once mentioned in his lengthy report to Chief Curry that there was identification for Hidell inside Oswald’s wallet (Dallas Municipal archives, Box 5, Folder 5, Item 4). Also, despite telling Myers that; “all our [homicide and Robbery bureau] Officers were out”, Baker wrote in his report that Oswald was being held inside the interrogation room by detectives Guy “Gus” Rose and Richard Stovall, both of whom were homicide detectives (ibid). As stated previously, detectives Rose and Stovall confirmed in their own report to Chief Curry that they were with Oswald; and confirmed this when they testified before the Warren Commission (Dallas Municipal archives, Box 3, Folder 1, Item 3), (WC Volume VII, pages 187 and 228).
Myers writes; “Two officers remembered Oswald’s wallet and identification being in close proximity to the suspect shortly after his arrival at Police headquarters.” He then names Charles Walker and Jim Leavelle as the two officers, but never tells his readers that the two officers to whom Baker was referring to in his aforementioned interview were almost certainly Gus Rose and Richard Stovall; and that Baker was mistaken when he told Myers thirty six years later that all of the homicide and Robbery Bureau officers were “out” (With Malice, Chapter 9). The reader should keep in mind that although Rose and Stovall both testified that they found identification for Hidell inside of Oswald’s wallet when they spoke to him, they made no mention of any such identification being found in their report to Chief Curry (Dallas Municipal archives, Box 3, Folder 1, Item 3). When Rose testified before the Warren Commission, he claimed that after Oswald was asked what his name was, he told him that it was Hidell (WC Volume VII, page 228).
But when Richard Stovall (who was in the interrogation room with Oswald and Rose) testified before the Warren Commission, he stated that Oswald said his name was Lee Oswald ” … as well as I remember.” (ibid, page 187). Both men cannot be correct, and it is inconceivable that they could have confused one name for the other, as the two names sound nothing alike. It also makes no sense that Oswald would admit that he was Hidell if he had allegedly ordered the rifle used to assassinate the President under that name; let alone that he would be carrying identification for Hidell in his wallet on the day he allegedly used that rifle to murder the President. The reader should also keep in mind that both Rose and Stovall testified that they found a card inside Oswald’s wallet which said “A. Hidell” (WC Volume VII, pages 187 and 228). However, the Selective Service System, Notice of Classification Card; and the United States Marine Corps Certificate of Service Card which Oswald allegedly had inside of his wallet when arrested bore the name “Alek James Hidell”, and not “A. Hidell”
When Officer Charles Walker testified before the Warren Commission, he claimed that after he had escorted Oswald from the Texas theater; “I sat down there [in the interrogation room], and I had his pistol, and he had a card in there with a picture and the name A.J. Hidell on it.” (WC Volume VII, page 41). It is apparent that by “Pistol”, Walker actually meant wallet. Therefore, he either misspoke, or the transcription of his testimony was in error. Walker also stated that after he allegedly asked Oswald if Hidell was his real name, Oswald told him that it wasn’t (ibid). If both Walker and Richard Stovall were telling the truth, then it’s fairly obvious that Gus Rose was lying when he told the Warren Commission that Oswald said his name was Hidell. Myers acknowledges that Walker told the Warren Commission he had Oswald’s wallet, but also cites Walker’s interview with the HSCA, during which Walker stated that he remembered taking Oswald’s wallet out of his pants pocket, and that he had found a card inside it with the name Hidell on it (With Malice, Chapter 9).
There can be little doubt that Walker was lying when he said that he had Oswald’s wallet, and that he found a card inside it with the name Hidell on it. First of all, as stated previously, detective Paul Bentley was interviewed on the day following the assassination by WFAA-TV, and stated that he obtained Oswald’s wallet en route to police headquarters; and verified this in his report to DPD Chief Jesse Curry. Secondly, Gerald Hill testified before the Warren Commission that it was Bentley who had removed Oswald’s wallet from his hip pocket (WC Volume VII, page 58). Thirdly, as even Myers indirectly acknowledges in his book, Walker made no mention of obtaining Oswald’s wallet in his own report to Chief Curry (Dallas Municipal archives, Box 2, Folder 7, Item 47).
The reader should also bear in mind that detective Gus Rose told the Warren Commission that two uniformed Officers had brought Oswald into the interrogation. However, it is an established fact that Charles Walker was the only uniformed Officer who brought Oswald into the interrogation room (WC Volume VII, page 228). Rose also stated that he didn’t know if the officer (Charles Walker) who brought Oswald into the interrogation room had Oswald’s wallet or not (ibid). However, during a television documentary, Rose claimed that it was he who had removed Oswald’s wallet from his pants pocket; despite making no such claim when he testified before the Warren Commission! (Dealey Plaza Echo, Volume 13, Issue 2, page 3). It should be readily apparent to any intellectually honest researcher that both Walker and Rose were lying; and that there is no good reason to believe either one of them when they claimed that Oswald had identification for Hidell in his wallet when he was arrested. Myers avoids Rose, but he simply cannot bring himself to admit that Walker was lying. In fact, how desperate must Myers be to cite both Walker’s claim that he had Oswald’s wallet; and the evidence which actually contradicts it in order to assure his readers that Oswald had identification for Hidell in his wallet? In this reviewer’s opinion, Myers desperation is almost humorous.
When Myers interviewed Jim Leavelle in the year 1996, Leavelle claimed that Oswald’s wallet was still in the interrogation room when he allegedly arrived to question Oswald following his arrest (With Malice, Chapter 9). Leavelle claimed that he remembered seeing an identification card with Oswald’s name, but apparently, he couldn’t remember if there was any identification for Hidell (ibid). Once again, Myers neglects to inform his readers that Leavelle testified before the Warren Commission that he had not spoken to Oswald prior to the morning of Sunday November 24, 1963; and was therefore likely lying to Myers when he said that he had questioned Oswald (WC Volume VII, page 268). During his testimony, Leavelle claimed that when Oswald was interrogated on the morning of Sunday November 24, 1963, inspector Thomas Kelly of the USSS asked Oswald; “Well, isn’t it a fact when you were arrested you had an identification card with his [Hidell’s] name on it in your possession?” (ibid, page 267). According to Leavelle, Oswald admitted that he did, and that when inspector Kelly asked Oswald; “How do you explain that”, Oswald responded with words to the effect; “I don’t explain it.” (ibid, page 268). However, in his report on Oswald’s interrogation, inspector Kelly made no mention of asking Oswald about any identification card bearing the name Hidell (Warren report, Appendix XI: Reports relating to the interrogation of Lee Harvey Oswald at the Dallas Police department).
In fact, U.S. Postal inspector Harry Holmes, who was also present at the Sunday morning interrogation, wrote in his own report on the interrogation that it was Captain Fritz who had asked Oswald about the Selective service card bearing the name Hidell (ibid). According to Holmes, Oswald indignantly told Fritz; “I’ve told all I’m going to about that card … . You have the card … . you know about it as much as I do” (ibid). When Holmes testified before the Warren Commission, he stated that when Captain Fritz asked Oswald about the card with the name Hidell on it, Oswald allegedly responded; “Now, I have told you all I am going to tell you about that card in my billfold … . You have the card yourself, and you know as much about it as I do.” (WC Volume VII, page 299). What’s noteworthy is that unlike in his interrogation report, Holmes claimed that Oswald admitted to having the card in his wallet.
But if this were true, then surely Holmes would have mentioned it in his report. Furthermore, Oswald’s claim that Fritz knew as much about the card as he did implies (in so many words) that Oswald actually didn’t know anything about the card. With this mind, it is apparent to this reviewer that Holmes was lying when he told the Warren Commission that Oswald admitted to having the card in his wallet. But if the rest of what Holmes claimed concerning the Selective Service card bearing the name Hidell is true, then it is apparent that Jim Leavelle was lying when he testified that it was USSS inspector Thomas Kelly who had asked Oswald about the card, and was also lying when claimed that Oswald admitted to Kelly that he had it in his wallet. Not that it matters to Myers.
But to gain a broader understanding of how the authorities lied about Oswald having the selective service card with the name Alek James Hidell in his wallet following his arrest, the reader should consider the following. According to the report by Lt. T.L. Baker to DPD Chief Curry, Oswald was interrogated twice on the day following the assassination. The first interrogation began at approximately 10:30 am, and the second at approximately 6:30 pm (Dallas Municipal archives, Box 5, Folder 5, Item 4). FBI agent James Bookhout and Inspector Thomas Kelly of the USSS were present during both interrogations (ibid). According to Bookhout’s report on the morning interrogation, Oswald admitted to Captain Fritz that he had carried this card in his wallet, but that he declined to stated that he wrote the signature of Hidell on the card (Warren report, Appendix XI: Reports relating to the interrogation of Lee Harvey Oswald at the Dallas Police department). Bookhout repeated this when he testified before the Warren Commission (WC Volume VII, page 310).
In his own report concerning that interrogation, Thomas Kelly made no mention of Oswald admitting that he carried the card, stating instead that Oswald refused to discuss it after both Bookhout and Captain Fritz allegedly asked Oswald for an explanation of it (Warren report, Appendix XI: Reports relating to the interrogation of Lee Harvey Oswald at the Dallas Police department). If Oswald really did admit to carrying the card in his wallet, then surely Kelly would have no reason not to mention this in his report. On the other hand, if Fritz didn’t actually ask Oswald if he carried the card in his wallet, then both Bookhout and Kelly were lying in their reports. Either way, both men could not have been telling the truth.
It is also noteworthy that in that same report, Clements omits that a United States Marine Corps Certificate of Service Card with the name Alek James Hidell was found inside Oswald’s wallet. This reviewer should also point out that although DPD detectives Walter E. Potts and B.L. Senkel mentioned in their own reports to chief Curry that upon arrival at the rooming house on 1026 North Beckley, they checked the registration book for a person named Hidell, what’s significant is that none of the officers who claimed to have handled Oswald’s wallet (Bentley, Walker, Rose, Stovall, and Baker) mentioned in their own reports that any identification bearing the name Hidell was found inside his wallet (Dallas Municipal archives, Box 2, Folder 9, Item 32), (ibid, Box 3, Folder 12, Item 1).
Myers explains that ultimately, three wallets were catalogued by the FBI as being part of Oswald’s property (With Malice, Chapter 9). Myers lists them as a brown billfold, found in the residence of Ruth Paine (with whom Oswald’s wife Marina was living with at the time of the assassination) by the DPD, a red billfold also found by the DPD in the residence of Ruth Paine, and the wallet Oswald had in his left hip pocket when he was arrested at the Texas theater (ibid). In his endnotes, Myers states that a fourth wallet described as; “black plastic with an advertisement that reads: ‘Waggoner National Bank, Vernon, Texas.’”, which was given to Oswald by his mother Marguerite, was allegedly found on Marina Oswald’s bedroom dresser following the assassination. This wallet was catalogued by the USSS. Myers states that neither the brown or red billfolds discovered in the residence of Ruth Paine resembled the wallet being handled by DPD Officers at the Tippit murder scene (With Malice, Chapter 9). However, Myers also states that the wallet removed from Oswald’s left hip pocket following his arrest does resemble the wallet being examined at the Tippit murder scene (ibid).
After obtaining permission from the national archives, Myers took photographs of the wallet Oswald had when he was arrested, and compared them with the film footage of the wallet being examined at the Tippit murder scene. According to Myers, both wallets were “apparently” made of leather, both had a photo picture sleeve area covered with a leather flap, both had a snap and a metal band mounted on the photo flap, and both had a zipper for the area holding paper money (ibid). Myers concludes that the wallet examined by the DPD is not the wallet which was removed from Oswald’s hip pocket following his arrest at the Texas Theater. According to Myers, the wallet which was examined at the Tippit murder scene is ” … thinner and considerably more worn than Oswald’s arrest wallet”, and the metal band on the wallet which was examined at the Tippit murder scene covers the leather flap “edge to edge”, whereas Oswald’ wallet has a metal band which is “shorter and centered” (ibid). Myers adds that the corners of the leather flap of the wallet which was examined at the Tippit murder scene are square, whereas the corners of the leather flap of Oswald’s are “rounded”; and that surface imperfections which are “visible” on the wallet examined at the Tippit murder scene are not seen on Oswald’s wallet (ibid).
This reviewer is unable to tell by comparing film footage of the wallet examined at the Tippit murder scene to photographs of the wallet removed from Oswald’s left hip pocket, whether the former wallet is considerably more worn and has surface imperfections not seen on the latter wallet. However, it appears that Myers is correct in stating that the wallet examined at the Tippit murder scene is thinner, and has a different metal band and leather flap than Oswald’s wallet. Therefore, it is also this reviewer’s opinion that they are two different wallets. Myers states that Captain Fritz kept the wallet removed from Oswald’s left hip pocket until November 27, 1963, when he released it to FBI agent James Hosty (ibid). Indeed, there is a receipt for a billfold and for 16 cards and pictures taken from Oswald following his arrest (Dallas Municipal archives Box 15, Folder 2, Item 61). Myers writes that Hosty photographed Oswald’s wallet and other items prior to them being shipped to Washington for analysis (With Malice, Chapter 9). In his endnotes, Myers references this claim to pages 79 and 80 of Hosty’s book, Assignment Oswald. Myers explains that on the day following the assassination, Captain Fritz sent Oswald’s wallet and its contents to the DPD crime lab for photographs to be made (ibid). This is based on the crime scene search section form, which lists 16 miscellaneous pictures, Identification cards, and the wallet to be photographed (Dallas Municipal archives Box 7, Folder 2, Item 23).
Although Myers writes that the wallet itself was not photographed, in his endnotes, he explains that a 1966 Police report describing evidence pertaining to the assassination states that the wallet was photographed. According to the report, the aforementioned items were brought to the DPD crime lab by homicide detective Richard Sims. However, Myers states that no photograph of the wallet was found ” … among any of the official records.” The fact that the DPD apparently took no photographs of the wallet, and the fact that Captain Fritz released the wallet to FBI agent James Hosty five days following the assassination, has led to speculation that perhaps the wallet which was given to Hosty was the one found in the vicinity of the Tippit murder scene. Although this reviewer doesn’t dismiss that possibility, it seems unlikely that Fritz would actually give that wallet to the FBI if he wanted to conceal its existence.
In this reviewer’s opinion, the weight of the evidence strongly suggests that the wallet which was examined by DPD Officers at the Tippit murder scene contained identification for Oswald and his alleged alias, Alek James Hidell. It is also this reviewer’s opinion that the wallet did not belong to Oswald, but was a mock-up wallet left behind by Tippit’s real killer in order to frame Oswald for the murder. When FBI agent Manning Clements testified before the Warren Commission, he claimed that the Selective Service System, Notice of Classification Card with the name Alek James Hidell allegedly found in Oswald’s wallet following his arrest was “obviously fictitious”, as it had a photograph on it (WC Volume VII, page 321). Therefore, if Oswald had ordered the rifle he allegedly used to assassinate the President under the name Hidell, why would he be carrying in his wallet a fake card with a photograph of him (and with the name Hidell on it) on the day of the assassination, when the only purpose it served was to incriminate him?
Myers speculates that perhaps it was either Ted Callaway’s or Williams Scoggins’ wallet the police were examining, as both men went after the killer with Tippit’s revolver, and then returned to the murder scene. But Myers admits that neither one of them claimed that their wallet was examined by the DPD (With Malice, Chapter 9). Myers states that if a wallet containing identification for Oswald and Hidell was really found; “It certainly would have been trumpeted by the world press that very afternoon, held up for the world to see by the Police that weekend, and served as prima facie evidence in the Warren Commission’s case against Lee Harvey Oswald.” (ibid). Myers then snidely remarks; “Even conspiracy theorists who fancy the wallet filmed by WFAA-TV as a plant, left behind by Tippit’s ‘real’ killer, would have to admit that police would have no reason to hold back the discovery of a discarded wallet with Oswald’s name in it the night of the assassination; and even less reason for the press to ignore such an important detail.” (ibid).
In his blog post chastising Farris Rookstool (and others), Myers also snidely remarked that; “Anyone with a brain knows that if Oswald’s wallet had been found at the Tippit murder scene it would have been printed in every newspaper and broadcast on every radio and television station in America before the end of the day, Friday, November 22, 1963” (see the blog post entitled JFK Assassination Redux: The best and the worst of 50th Anniversary Coverage on Myer’s blog). By the same token, anyone with a brain, aside from perhaps Myers, must understand that after the President of the United States of America was arrogantly gunned down in full public view in broad daylight, Captain Fritz and the DPD would have been under a tremendous amount of pressure to find those responsible for the crime. If Fritz and the DPD were unable to find those responsible, they would undoubtedly have faced severe embarrassment. Therefore, they had to place the blame on someone! That someone was Lee Harvey Oswald. When Captain Fritz testified before the Warren Commission, he claimed that after TSBD superintendent, Roy Truly, allegedly informed him that Oswald was missing from the building, he “immediately” left the TSBD as he ” … felt it important to hold that man [Oswald]” (WC Volume IV, page 206). Fritz also explained that he wanted to check to see if Oswald had a criminal record, and that after learning that Oswald was arrested for Tippit’s murder, he wanted to ” … prepare a real good case on the officer’s [Tippit’s] killing so we would have a case to hold him [Oswald] without bond while we investigated the President’s killing where we didn’t have so many witnesses” (ibid, page 207).
Evidently, from the time he left the TSBD to the time he arrived at police headquarters, Captain Fritz had determined that Oswald was President Kennedy’s assassin. By implicating Oswald for Tippit’s murder, Fritz and the DPD could portray Oswald as a homicidal maniac who was not only capable of assassinating the President, but that he shot Tippit because he thought the DPD suspected he killed the President, and wanted to avoid being arrested. However, after learning that Oswald’s wallet was removed from his hip pocket following his arrest, and that a wallet bearing identification for Oswald was also discarded in the vicinity of the Tippit murder scene, an experienced detective like Fritz would surely have realised that Oswald was framed for Tippit’s murder, and quite possibly for the President’s assassination as well. But Captain Fritz and the DPD needed Oswald to be found guilty for both crimes, so that they could then inform the public (and the entire world for that matter) that President Kennedy’s assassin was caught.
Therefore, the decision was made that the wallet left behind to implicate Oswald for Tippit’s murder would be concealed. By the account of FBI agent Robert Barrett, the last known person who handled the discarded wallet was Captain W.R. Westbrook. It is with little doubt that as soon as Captain Westbrook arrived at Police headquarters, he would have turned over the discarded wallet to Captain Fritz, or to one of Fritz’s men to give it to him. Although Westbrook wrote in his report to DPD Chief Jesse Curry, and also informed the Warren Commission that he asked Oswald what his name was inside the Texas Theater following his arrest, he may have only stated this to cover up the fact that he already knew what his name might be from the contents of the discarded wallet (Dallas Municipal archives, Box 2, Folder 7, Item 50), (WC Volume VII, page 113).
But is there other evidence which supports the contention that the DPD were determined early on that Oswald was both President Kennedy’s assassin, and Tippit’s murderer? As it turns out, there is. When Johnny Brewer testified before the Warren Commission, he claimed that one (or more) of the officers yelled out to Oswald; “Kill the President, will you.” (WC Volume VII, page 6). When Julia Postal testified before the Warren Commission, she claimed that she overheard an officer using the telephone inside the box office of the theater say “I think we have got our man on both accounts” (ibid, page 12). Although Postal only wrote in her affidavit to the DPD that some officer said; “I’m sure we’ve got the man that shot officer Tippit”, she may have been coerced into not making any statements that the DPD were determined from the time Oswald was arrested that he was also President Kennedy’s assassin; as they may have thought that people would suspect they would falsify evidence against Oswald to implicate him for the President’s assassination as they didn’t have evidence at the time that the Mannlicher Carcano rifle allegedly used to murder the President belonged to Oswald (Dallas Municipal archives, Box 2, Folder 3, Item 21).
Myers also spends several pages discussing the attempted murder of Tippit murder witness, Warren Reynolds. On the night of January 23, 1964; two days following his initial interview with the FBI, Reynolds was shot in the head by a .22 caliber rifle inside the basement of Johnny Reynolds Motor Company (WCD 897, page 417). As Myers explains, the man suspected of shooting Reynolds was Darrell Wayne Garner. (With Malice, Chapter 9). Garner had been at Johnny Reynolds Motor Company on Monday January 20, 1964, and had gotten “extremely upset” with Warren Reynolds when Reynolds refused to buy a 1957 Oldsmobile which Garner was trying to sell (WCD 897, page 418). Garner had boasted to his sister-in-law that he had shot Reynolds, but then claimed that he only said this because he wanted her to think that he was a “big shot” (ibid).
Nancy Jane Mooney, who allegedly worked at Jack Ruby’s carousel club as a stripper, provided Garner an alibi for the time of the shooting; and apparently committed suicide by hanging herself with her toreador slacks in her jail cell on February 13, 1964, after she was arrested by the DPD for disturbing the peace (ibid). Although many researchers believe that Mooney was killed because she provided Garner an alibi for the time Reynolds was shot, an acquaintance of Mooney’s named William Grady Goode claimed that she had attempted suicide on two occasions (WCD 897, page 420). Readers should also keep in mind that the DPD had allegedly determined that a .22 caliber rifle removed from the home of Garner’s mother was not the rifle used to shoot Reynolds (ibid, page 419).
Prior to being shot, Reynolds informed the FBI that although he believed Oswald was Tippit’s killer ” … he would hesitate to definitely identify Oswald as the individual [he observed].” (With Malice, Chapter 9). Reynolds suspected that he was shot because he had observed Tippit’s killer; a belief which is shared by many researchers (ibid). When Reynolds testified before the Warren Commission, he now claimed that in his own mind, Oswald was Tippit’s killer (ibid). However, given his belief that he was shot because he had observed Tippit’s killer, Reynolds’ latter claim to the Warren Commission should not be considered reliable; as he may have thought that he would be shot at again (and killed) if he didn’t identify Oswald as the killer.
Many researchers, such as Robert Groden, have suggested that witness Domingo Benavides was also targeted by the conspirators because he failed to identify Oswald as Tippit’s killer. As Myers explains, in February, 1965, Edward (Eddie) Benavides, who was Domingo Benavides’ brother, was allegedly shot and killed in a Dallas tavern by accident; after he was caught in the middle of an argument inside the tavern (ibid). Many researchers have alleged that Edward Benavides was shot because he was mistaken for Domingo, and that he was shot in February, 1964. This then allegedly caused Domingo to tell the Warren Commission when he testified on April 2, 1964, that Tippit’s killer resembled Oswald.
But in spite of the allegation that Eddie Benavides was shot in February, 1964, Dallas county death records show that Edward Benavides was shot and killed in February, 1965! (John McAdams’ website: The Not-So-Mysterious Death of Eddie Benavides). According to a Dallas Morning News article dated February 17, 1965, witnesses to Edward Benavides’ death claimed that he was not involved in the fight inside the bar, but was seeking cover when he was shot (ibid). Furthermore, if Domingo Benavides was truly fearful that he would be shot if he didn’t identify Oswald as Tippit’s killer, then why didn’t Benavides positively identify Oswald as the killer, instead of merely informing the Warren Commission that Oswald looked like the killer? (WC Volume VI, page 452).
In his discussion of whether Edward Benavides was shot because he was mistaken for his brother, Myers reminds his readers that Benavides allegedly told his boss, Ted Callaway, that he didn’t actually see Tippit’s killer (With Malice, Chapter 9). But as this reviewer has explained previously, Myers conceals evidence from his readers which indicates that Callaway’s claim is not to be trusted. But despite his misrepresentation, Myers then has the smugness to write that: ” … this book shows that much of Benavides’ story, including his identification of the gunman, was embellished after the fact.” (ibid).
The reader should keep in mind that John Berendt from Esquire magazine wrote that after Benavides had changed jobs, the man who replaced him in his job, and who allegedly resembled him, was also shot (Esquire, August, 1966). Berendt also wrote that, amongst other things; “Threats had become a daily occurrence”, and that Benavides’ father-in-law had also been shot at (ibid). However, it is not known whether any of this is related to the fact that Benavides had initially failed to positively identify Oswald as Tippit’s killer. But Myers mentions none of this.
X: Profile of a killer
We now come to what is probably the most asinine chapter of Myers’ book. Myers begins by explaining to his readers that the Tippit murder scene ” … clearly fits the profile of a disorganized murder” (With Malice, Chapter 10). He explains that a disorganized crime scene ” … is one in which the crime was committed suddenly and with no plan for deterring detection.” He then writes that; “In a disorganized crime scene, the victim is usually left in the position in which he was killed. No attempt is made to conceal the body. Fingerprints, footprints and physical evidence are usually left behind at the crime scene providing police with plenty of evidence” (ibid). He references these findings to an FBI law enforcement bulletin entitled; Crime Scene and Profile Characteristics of Organized and Disorganized Murders, and to a book by a forensic psychiatrist named John Marshall McDonald entitled; The Murderer and His Victim (published in 1986). Continuing on, Myers writes that; “Tippit was caught off guard by his murderer and was left in the street where he fell … The killer then fled, unloading his gun and dropping incriminating evidence [the spent shell casings] at the scene” (ibid). As discussed previously, if Oswald was framed for Tippit’s murder, then it only makes perfect sense that the real killer would leave behind the spent shell casings hoping that the authorities would be able to determine that they had been discarded from the revolver which Oswald allegedly had in his possession when he was arrested at the Texas Theater.
Quoting Herbert Lutz, whose police work included extensive work in the field of criminal personality profiling, Myers writes; “Another clue to the murderer’s desperation is seen in the quickness with which the gunman reloads. This indicates that he feels he will need his weapon again almost immediately. In other words, he doesn’t feel the threat [to him] has been totally eliminated by the death of Officer Tippit.” (ibid). Of course, Lutz’s explanation to Myers ignores all of the evidence that Oswald was framed for Tippit’s murder. Once again referring to John Marshall McDonald’s book The Murderer and His Victim, Myers writes that; “The murderer of a disorganized crime scene was likely below average intelligence and a high school dropout. If he served in the armed forces he may have been discharged within a few months. He has a menial job and a poor work record. He does not own a car and may be unable to drive, so he rides a bicycle or relies on public transportation. He is a sloppy dresser and a loner of solitary interests such as watching television or reading books. He lives alone or with his parents. He may have a physical handicap or a speech impediment and has a poor self- image” (ibid).
In yet another attempt to link Oswald to Tippit’s murder, Myers writes that like the above character profile, Oswald was a high school dropout, with an employment history of menial jobs ” … none of which lasted long”, who didn’t own a car and instead used public transportation “religiously”, had a small number of friends and was living alone at the time of the assassination (ibid). He also writes that Oswald took a hardship discharge from the U.S. Marines, had a “voracious appetite for reading”, but allegedly suffered from Dyslexia; which Myers believes was the cause of his reading, writing, and spelling problems (ibid). However, much of the above can be accounted for by Asperger’s syndrome; an autism spectrum disorder which was apparently first recognized in the United States as a separate disorder in 1994 (Cognitive -Behavioral Therapy for Adult Asperger Syndrome, by Valerie L. Gaus).
Readers are encouraged to read through the research of Greg Parker on the likelihood that Oswald had Asperger’s Syndrome, and to spend some time researching Asperger’s syndrome themselves (Readers are also encouraged to read through researcher Allen Lowe’s comments concerning this discussion on Greg Parker’s research forum.) Although expert opinions on whether a person with Asperger’s syndrome is likely to commit a crime such as murder vary, in the book The Complete Guide to Asperger’s Syndrome, author Tony Attwood explains that; “Experience has indicated that people with Asperger’s Syndrome who have committed an offence have often been quick to confess and justify their actions” (this information can be found through a Google search of Attwood’s book). Although it will probably never be known with certainty whether Oswald had Asperger’s Syndrome, researchers should not solely rely on Myers’ narrow minded evaluation of Oswald’s habits and personality traits. But on the issue of Oswald’s so-called hardship discharge from the U.S. Marines, many researchers such as Jim DiEugenio have shown that it was nothing but an utter sham, so that it is truly laughable that Myers would use it to try and portray Oswald as a “disorganized” murderer.
Like every supporter of the lone assassin theory before him, Myers believes that after Oswald left the TSBD building, he first attempted to return to the rooming house on 1026 North Beckley avenue (where he was allegedly living) by first boarding the bus driven by Cecil McWatters, but then riding in the cab driven by Cab driver William Whaley after McWatters’ bus allegedly became jammed in traffic (With Malice, Chapter 10). However, as researcher Lee Farley has thoroughly demonstrated, both the bus ride and cab ride stories were fabricated by the DPD (see threads entitled; Oswald and cab 36 and Oswald and bus 1213 on John Simkin’s education forum). Myers portrays Oswald as a man desperate to escape the TSBD following the assassination, but he nevertheless believes that Oswald stayed inside the rooming house for over two minutes after he allegedly returned there and retrieved “his” revolver (With Malice, Timetable of events). But if Oswald was a man desperate to avoid capture by the DPD, it seems likely that he would have left the rooming house in less than a minute.
In a pathetic attempt to again portray Oswald as a guilty man to his readers, Myers writes; “Unlike an innocent man, Oswald did not cooperate with [the] police upon capture” (With Malice, Chapter 10). In this reviewer’s opinion, this statement is laughable. Does Myers honestly believe that after being assaulted by DPD Officers inside the Texas Theater, and after having his face forcibly covered by officer Charles Walkers’ hat outside the Theater (as shown in a photograph taken by Stuart Reed), and after the humiliation he faced with bystanders shouting out words such as “Kill the dirty ‘Sob’” (as detective Bob Carroll wrote in his report to Chief Jesse Curry), that Oswald (guilty or not) would be acting friendly towards the police? Myers then explains that when detective Jim Leavelle allegedly questioned Oswald shortly following his arrest, Leavelle asked him about shooting Tippit, to which Oswald allegedly remarked; “I didn’t shoot anybody” (ibid). According to Leavelle, Oswald’s remark that he didn’t shoot “anybody”, as opposed to saying that he didn’t shoot “the cop” or “that officer”, was an indication to him that Oswald knew that the DPD were also going to accuse him of assassinating the President (ibid). However, Myers once again fails to inform his readers that when Leavelle testified before the Warren Commission, he denied questioning Oswald prior to the morning of Sunday November 24, 1963; and that Leavelle was likely dissimulating when he claimed later on that he had questioned Oswald.
Myers also spends several pages discussing the question of whether or not Oswald could have reached the Tippit murder scene from the rooming house at 1026 North Beckley in time to shoot Tippit. Although Myers places the time of Tippit’s murder at approximately 1:14.30 pm, as this reviewer has explained previously, Tippit was most likely shot at about 1:06 pm. Although Earlene Roberts told the Warren Commission that “Oswald” arrived at the rooming house circa 1:00 pm, and then left after spending “about 3 or 4 minutes” inside his room, when she was interviewed by KLIF radio on the afternoon of the assassination, she claimed that “Oswald” had “rushed in -and got a short gray coat and went on back out in a hurry” (WC Volume VI, page 438). Roberts’ claim suggests that “Oswald” did not spend about three to four minutes inside the rooming house, but had left much sooner. If the person whom Roberts thought was Oswald (entering the rooming house) was in fact Tippit’s actual murderer, it seems highly unlikely that he would spend over a minute inside the house before leaving to murder Tippit. Bear in mind that witnesses such as William Lawrence Smith and Jimmy Brewer claimed that Tippit’s killer was walking west along Tenth Street when he confronted Tippit, and that as this reviewer has explained previously, there is no credible evidence that Tippit’s killer was walking east.
When the FBI timed how long it would have taken Oswald to have walked the assumed 0.8 mile (approximately 1.29 km) distance from the rooming house to the Tippit murder scene, they determined that it would have required twelve minutes to cover that distance (WCE 1987). However, as Myers more or less explains, the FBI had assumed that Tippit’s killer was initially walking east and not west along Tenth Street when he confronted Tippit (With Malice, Chapter 10). This reviewer will be discussing the issue of whether or not Oswald could have made it to the Tippit murder scene at about 1:06 pm to shoot Tippit in the upcoming essay on Gerald Hill. It is also worth pointing out that Myers admits, in so many words, that no witnesses have ever come forward claiming that they had seen Oswald going towards the Tippit murder scene on foot (ibid).
According to former assistant Dallas district attorney William F. Alexander, the DPD were unable to determine whether Oswald had travelled towards the Tippit murder scene by a bus or a cab from the rooming house (ibid). Myers then writes that; “If Oswald did hitch a ride, it apparently had to come from the private sector”, and that if an “innocent citizen” had given Oswald a lift, he or she would not have come forward and admitted this “for obvious reasons” (ibid). Indeed, if one or more persons had given Oswald a lift form the rooming house towards the Tippit murder scene; they almost certainly would have been embarrassed to publicly admit that they had given the alleged murderer of a police officer a lift. Besides, they may have feared that the DPD might charge them as accessories to Tippit’s murder. Myers also snidely remarks that; ” … it’s difficult to imagine any believable scenario that has conspirators picking up Oswald at his room, only to discharge him a short distance later” (ibid). First of all, this belief assumes that Oswald actually was living at the rooming house on 1026 North Beckley Avenue at the time of the assassination. Secondly, it dismisses the likelihood that DPD squad car 207 was outside the rooming house at the time “Oswald” was inside, just as Earlene Roberts told the FBI when they interviewed her on November 29, 1963, that it was (WCE 2781). As this reviewer will explain in the upcoming essay on Gerald Hill, Hill had (by all likelihood) commandeered DPD squad car 207, and that he and another DPD Officer picked up Tippit’s murderer from the rooming house, and then dropped him off somewhere to the east of where Tippit was shot.
But despite the question of whether or not Oswald could have made it on time to shoot Tippit, Myers writes that; ” … one thing is certain; eyewitness testimony and physical evidence proves Oswald’s presence on Tenth Street” (With Malice, Chapter 10). He then reminds his readers that Helen Markham, William Scoggins, Ted Callaway, Sam Guinyard, and the Davis sister-in-laws all identified Oswald as the killer from the DPD line-ups. But as this reviewer has previously explained, none of these identifications should be considered credible. Myers then adds that Warren Reynolds, Harold Russell, and B.M. “Pat” Patterson all subsequently identified Oswald as the man they observed from photographs. Although (as discussed previously) Reynolds informed the FBI when they interviewed him on January 21, 1964, that he thought Oswald was the man he observed coming down Patton street, but would hesitate to definitely identify Oswald as the man, his later “certainty” that it was Oswald should not be considered credible, as he informed the FBI that he thought he was shot on January 23, 1964, due to the fact that he had observed the gunman (WCE 2587). Therefore, he may have only claimed that Oswald was the man he observed out of fear of being shot again.
Although Harold Russell “positively” identified Oswald as the man he observed when he was interviewed by the FBI on January 21, 1964, Russell’s “positive” identification may have been influenced by the fact he had seen Oswald’s face on television and in the Newspapers following his arrest for Tippit’s murder and the President’ assassination (WC Volume XXI, Russell exhibit A). There can be little doubt, as explained in this review, that Tippit’s actual killer would have resembled Oswald somewhat, and after seeing Oswald’s face on television and in the newspapers in connection with Tippit’s murder, Russell may have convinced himself that Oswald was indeed the man he observed. Whilst some researchers may believe that the two FBI agents who interviewed Russell fabricated Russell’s “positive” identification of Oswald as the man he observed, readers should keep in mind that those same two FBI agents also interviewed witness L.J. Lewis on the same day they interviewed Russell, and claimed that Lewis told them that he ” … would hesitate to state whether the individual [he observed] was identical with Oswald” (WC Volume XX, Lewis (L.J.) exhibit A).
As for B.M. (Pat) Patterson, Myers omits that in his interview with the FBI dated August 25, 1964, Patterson claimed that he couldn’t recall being shown a photograph of Oswald when he was interviewed by the FBI on January 22, 1964 (WC Volume XXI, Patterson (B.M.) exhibit B). However, when Patterson was interviewed by the FBI on August 26, 1964, he was allegedly shown two photographs of Oswald, and claimed that Oswald was “positively and unquestionably” the same person he had observed coming down Patton Street (ibid). But as discussed previously, in that same interview, Patterson allegedly claimed that Oswald had stopped still and removed spent shell casings from the revolver; even though this is not what he claimed in his initial interview with the FBI (WC Volume XXI, Patterson (B.M.) exhibit A). Readers should also keep in mind that Warren Reynolds, Harold Russell, L.J. Lewis, Ted Callaway, and Sam Guinyard never claimed that they had seen Tippit’s killer stop still and then remove spent shell casings from the revolver. Therefore, Patterson’s interview with the FBI should not be considered credible. Even if we are to believe that Patterson had simply forgotten that he had been shown a photograph of Oswald (and identified him as the man he had observed) in his initial interview with the FBI, he may have been influenced in a similar way to Harold Russell into believing Oswald was the man he had observed.
Mary Brock, who observed Tippit’s killer going north towards the parking lot behind the Texaco service station located on Jefferson Blvd., was interviewed by the FBI on January 21, 1964, and told them that the man who went past her was Oswald (WC Volume XIX, Brock (Mary) exhibit A). However, she may also have been influenced in a similar way to Harold Russell into believing Oswald was the man she observed. Readers should keep in mind that her husband, Robert Brock, who was with her and also observed Tippit’s killer head north towards the parking lot, failed to identify him as Oswald when he was interviewed by the FBI on the same date (WC Volume XIX, Brock (Robert) exhibit A). Another witness who later on claimed that Oswald was Tippit’s killer was William Arthur Smith. When the FBI interviewed Smith on December 12, 1963, he informed them that he was ” … too far away from the individual [who shot Tippit] to positively identify him” (WCD 205, page 243). When Smith testified before the Warren Commission, he now claimed that Oswald was Tippit’s killer. However, he also stated that he only saw the side and back of “Oswald” as he was running away (WC Volume VII, page 84). Furthermore, although Smith “identified” WCE 162 as the jacket the killer was wearing during his testimony, he told the FBI that the killer was wearing a “light brown” jacket (WCD 205, page 243). It seems apparent to this reviewer that Smith was coerced into identifying Oswald as the killer when he testified before the Warren Commission, and therefore, his claim that Oswald was Tippit’s killer should be taken with a grain of salt.
Despite Murray Jackson’s ridiculous explanation for why he allegedly ordered Tippit to move into the central Oak Cliff area, the discovery of the wallet bearing identification for Oswald and Hidell in the vicinity of the Tippit murder scene is strong evidence that Oswald was framed for Tippit’s murder, and that Tippit was lured to Tenth Street to be shot. Although several researchers are of the opinion that Tippit attempted to contact the DPD dispatchers at approximately 1:08 pm (per WCE 705) because he had just encountered a suspect, it seems highly unlikely that he did try to contact the dispatchers, as the last thing the conspirators would have wanted was for Tippit to become suspicious. As for how Tippit was lured to Tenth Street, this reviewer can only speculate that perhaps one of the DPD conspirators, such as Gerald Hill, told Tippit (for example) that he was to meet up with a confidential informant along Tenth Street who would be wearing a light gray jacket so that Tippit would be able to recognise him, and that the “informant” would have confidential information to give him “related” to a DPD investigation. Keep in mind that Helen Markham told the Warren Commission that Tippit was driving “real slow” along Tenth Street (WC Volume III, page 307). Similarly, William Scoggins told the Warren Commission that Tippit was driving “Not more that 10 or 12 miles [an] hour, I would say” (ibid, page 324). It is almost as if Tippit was looking to meet up with someone.
After Tippit spotted his would be killer wearing the light gray jacket, he probably called him over through the cracked vent window of his squad car, and asked him if he was the man he was to meet up with. If the statements by Helen Markham and Jimmy Burt are to be believed, the killer then leaned down to talk to Tippit through the front right window with his hands on the door. In this reviewer’s opinion, the killer probably told Tippit to step outside of his car so that they could talk, and as Tippit got to the hood of the car, the killer shot him. Several witnesses such as T.F. Bowley and Ted Callaway claimed that Tippit’s gun was out of his holster when he was lying down on the ground (Dallas Municipal archives, Box 2, Folder 3, Item 14), (WC Volume III, page 354). According to Murray Jackson, Tippit usually walked with his hand on the butt of his gun, “western style” (With Malice, Chapter 4). Therefore, if Tippit had seen his killer pull out the revolver used to kill him, he probably had enough time to pull out his own revolver before he was shot.
In yet another apparent attempt to reinforce the notion that Oswald shot Tippit, Myers explains that Oswald’s brother Robert wrote in his book; Lee: A Portrait of Lee Harvey Oswald By his Brother, that Oswald had once made the remark “That dumb cop!” about a police officer who had given Robert a ticket for running a red light (With Malice, Chapter 10). Myers then explains that William Scoggins recalled hearing Tippit’s killer mutter the words “poor dumb cop” or “poor damn cop” as he went by his cab (ibid). Another explanation for why Tippit’s killer would have snidely muttered the words “poor dumb cop” is because he thought Tippit was “dumb” for unwittingly allowing himself to be lured to Tenth Street and then be shot.
One mystery about Tippit’s murder which remains to be answered is why Tenth Street was chosen by the conspirators as the location to murder Tippit? First of all, we should keep in mind that several witnesses have indicated through their statements that Tippit was a frequent visitor to neighbourhood in which he was killed. When Jimmy Burt was interviewed by the FBI, he claimed that he recognised Tippit as an officer who frequented the neighbourhood, and that the residents of that area knew him by the name “friendly” (WCD 194, page 29). When Mark Lane interviewed Aquilla Clemmons, he asked her if she knew Tippit. Clemmons remarked; “Yes, I saw him … many times” (See Lane’s interview with Clemmons.) When William Scoggins testified before the Warren Commission, he claimed that he wasn’t paying too much attention to Tippit as he went by his parked cab because he ” … just used to see him [Tippit] every day … ” (WC Volume III, page 325).
Most interesting of all, Virginia Davis stated during her testimony that Tippit’s car was parked ” … between the hedge that marks the apartment house where he [Tippit] lives in and the house next door” (WC Volume VI, page 468). Although Tippit certainly didn’t live in that house, Davis’s statement clearly implies that Tippit (for some reason) was a frequent visitor to that particular house. Myers explains that when he interviewed Virginia Davis in 1997, she “recalled how nervous she was” when she testified before the Warren Commission, and that what she probably meant to say was that Tippit’s car was parked between the hedge that marked the apartment house where “we” were living in at the time of Tippit’s murder, and the house next door (With Malice, Chapter 9). She also allegedly told Myers that she had never known or seen Tippit prior to time he was shot (ibid).
The reader should keep in mind that when Myers interviewed former DPD Officer Tommy Tilson in 1983, Tilson claimed that Tippit was having an affair with a waitress who lived in the house directly in front of where he was killed (ibid). However, Tilson is also well known for his ludicrous allegation that he had seen a man come down the grassy slope from the railroad tracks on the West side of the triple underpass, then throw something into the back seat of a black car, and then took off, with Tilson chasing after him (The Dallas Morning News, Ex-officer suspects he chased ‘2nd gun’, by Earl Golz). Although Tilson’s daughter, Judy Ladner, “verified” her father’s allegation, there is absolutely no independent corroboration for Tilson’s tale (ibid). Furthermore, there doesn’t appear to be any independent corroboration for Tilson’s claim that Tippit was having an affair with a waitress who allegedly lived in the house directly in front of where he was killed; and therefore, Tilson should not be considered a reliable witness.
As for Virginia Davis, although this reviewer believes that she is a compromisedwitness, it is entirely possible that she did misspeak when she testified before the Warren Commission. Finally, whilst we may never know why Tippit was specifically lured to Tenth Street to be shot, it was nevertheless in close proximity to the rooming house in which Oswald was allegedly living in at the time of the assassination. Thus, the conspirators probably thought that with a wallet left behind bearing identification for Oswald and his alleged alias Hidell, the DPD would be convinced that Oswald could easily have traversed the distance from the rooming house to Tenth Street.
Perhaps the most important question pertaining to Tippit’s murder is if Oswald didn’t shoot Tippit, then who did? Although shills such as David Von Pein believe that researchers who doubt that Oswald murdered Tippit are under an obligation to provide an answer to that question, the reality is that they are under no obligation whatsoever. Just consider that when a defendant appears in court in the U.S. for a crime, the presiding judge doesn’t tell the defence attorney(s) that he/she must find out who actually committed the crime, otherwise their client will be found guilty for the crime for which they have been charged. With that said (and as stated previously), in an upcoming essay, this reviewer will make the case that Tippit’s killer could have been Larry Crafard.
Throughout this review, this reviewer has explained how Myers omits, distorts, or buries evidence in his endnotes which contradicts or undermines his contention that Lee Harvey Oswald shot and killed DPD Officer, J.D. Tippit. Although this reviewer doesn’t pretend to have explained/demonstrated beyond any doubt that Oswald didn’t shoot Tippit, this reviewer can state beyond any doubt that With Malice is not the definitive book on Tippit’s murder! Not by a long shot. It is a thoroughly deceptive book with a strong bias against any notion that someone other than Oswald killed Tippit. The truth is that many who praise the book e.g. Vince Bugliosi, David Von Pein, care not one iota about the truth behind Tippit’s murder or President Kennedy’s assassination. Their only interest is in upholding the myth that Oswald murdered both Tippit and the President. According to Von Pein; ” … Myers leaves no room here for even the slimmest sliver of doubt with regard to the question at hand: ‘Who Killed Officer Tippit?’” Recall, Von Pein is fond of calling hard working and honest researchers such as Jim DiEugenio “kooks”. He cannot bring himself to admit that Myers cherry picks evidence which bolsters the notion that Oswald shot Tippit. According to David Reitzes, Myers has; ” … done, in essence, what all the king’s horses and all the king’s men couldn’t: closed the Tippit case.” But as this reviewer has explained throughout this review, nothing could be further from the truth.
September 27, this year, will mark the 50th anniversary of the day the Warren Report was released for the public to read. After all these years, it is time for people interested in learning the truth behind the tragic events of November 22, 1963, to stop paying attention to these disinformation shills.
Acknowledgements
I would like to thank researchers Jim DiEugenio, Greg Parker, Lee Farley, Steven Duffy, Martin Hay, and Robert Charles-Dunne for all the help and advice they have given me. With all of the disinformation out there concerning Tippit’s murder and President Kennedy’s assassination, even after 50 years, we need honest and hardworking researchers such as them more than ever.
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