Forward
LBJ assigned a commission to conduct an investigation into JFK’s death because Oswald was dead and couldn’t be tried. This commission was charged to find the truth about the shootings of JFK, Connally and Tippit. This commission was to concentrate all the investigations into 1 body. The members are Earl Warren, Chief Justice of the Supreme Court, Richard Russell (D) Senator from Georgia, John Sherman Cooper (R), Senator from Kentucky, Hale Boggs (D), Representative from Louisiana, Gerald Ford, (R), Representative from Michigan, Allen Dulles, former DCI, and John McCloy, former President of the International Bank. Lee Rankin was general counsel for the Warren Commission.
The commission took testimony from 552 witnesses: 94 appeared before members, 395 appeared before staff, 61 supplied sworn affidavits and 2 gave statements (?).
The WC’s job was to accumulate facts—not act as judge and jury.
Narrative of Events
Kennedy arrived at Love Field, Dallas, Texas at 11:40 am, CST. Their entourage had just arrived from San Antonio and then was heading for the Trade Mart and then a flight to Austin. The purpose of the trip was to shore up support in Texas for their reelection bids.
In the limo were President and Mrs. Kennedy, Governor and Mrs. Connally, and Secret Servicemen William Greer and Roy Kellerman. The motorcade turned right onto Houston Street and proceeded 1 block to make a left turn onto Elm Street. It was 12:30 pm.
Shots rang out. Kennedy’s hands moved to his neck. A bullet had hit him in the back and through the neck. Connally felt a blow to the back. Another bullet hit Kennedy in the head. Kellerman told the driver to get them out of there; “we’ve been hit!”
They went to Parkland Memorial Hospital. At 1pm, the last rites were performed and Kennedy was pronounced dead. LBJ was sworn in. Kennedy’s body was taken to Bethesda, MD where the National Naval Medical Center would perform an autopsy. The autopsy said that the frontal wounds were exit in nature.
Several witnesses reported seeing a rifle being fired from the 6th floor of the Texas School Book Depository (TSBD). Howard Brennan described the man as 5’10”, slender, white and about 165#. This description was put out over the police radio. Marion Baker heard the shots and pushed his way into the TSBD. He met Roy Truly, Lee Harvey Oswald’s boss. This took place less than 2 minutes after the shooting. They went together to the 2nd floor. They bumped into Oswald. Oswald started working there on October 16, 1963. He was a “loner” and “very quiet.” Within a minute of this encounter, Oswald was seen drinking a Coke. At 12:40 pm, Oswald boarded a bus that headed towards Oak Cliff. His former landlady, Mary Bledsoe, positively identified him. He took a taxi home. His landlady, Earlene Roberts, was surprised to see him and remarked that he was in a hurry.
Fourteen minutes later, J.D. Tippit was killed, less than 1 mile from Oswald’s boarding house. He stopped Oswald due to his resemblance to the police report. He stepped out of the cruiser and then Oswald shot him several times, killing him instantly. A witness, Domingo Benavides, was 25 feet from Tippit’s car. He saw the killer empty the spent cartridges from his gun. Benavides went up to Tippit and radioed the police from Tippit’s car.
Helen Markham saw the Tippit shooting. Barbara and Virginia Davis heard the shots. They saw a man empty his cartridges onto the ground. A taxi driver, William Scoggins, saw the slaying. Ted Callaway, a used car salesman, heard the shots and saw Oswald run past. Johnny Calvin Brewer, a shoe store manager, heard about the shooting on the radio. He saw a man acting suspiciously and followed him. The suspicious man went into the Texas Theatre without paying for a ticket. Brewer told the police. The cashier, Julia Postal, called the police at 1:40 pm.
At 1:29 pm, the police radio had noted the similarity between the two shootings. They heard about the Texas Theatre and went there. Oswald was arrested and at 2 pm he arrived at the department.
Inspector Herbert Sawyer sealed the TSBD between 12:37 and 12:40 pm. Captain J. Will Fritz arrived to take charge of the investigation. Deputy Luke Mooney discovered the cartons that formed the firing nest. Lt. J.C. Day discovered the rifle with a scope. It was bolt-action and said, “MADE ITALY”, CAL.6.5” and “C2766”. Roy Truly said one of his employees was missing, Lee Harvey Oswald. When a search was ordered for Oswald at his home, it was discovered that he had already been arrested. Fritz would begin the interrogation.
Oswald was born in New Orleans on October 18, 1939, 2 months after his dad died. He had a ½ brother, John Pic and a full brother, Robert Oswald. His mother was Marguerite Oswald. Oswald was an average student but his grades deteriorated due to poverty and his constantly moving from city to city. At 16 he dropped out of school. He got a job as an office clerk. He became fascinated with communism and expressed this belief to his coworkers. He enlisted in the USMC shortly after turning 17. He was a below average marksman but still passed. He spent 15 months overseas, mostly in Japan. During his final year he was in Santa Ana, California. He was a radar operator and learned the fundamentals of aviation {David Ferrie: CAP connection}. According to his Marine buddies, he was not interested in rifle proficiency but was interested in Marxism and Castro. He tried to impress those around him as an intellectual but they considered him to be “shallow and rigid.”
Oswald got out of the USMC on September 11, 1959. He said his mother was sick. He was home 3 days and moved to New Orleans. He boarded the freighter SS Marion Lykes and sailed to France. He arrived in Moscow on October 16, 1959. He applied for Soviet citizenship. He didn’t fill out the appropriate paperwork and was turned down. He also never filled out the proper paperwork to fully renounce his U.S. citizenship. He married Marina Nikolaevna Prusakova, a pharmacist from Leningrad on April 30, 1961. They left Moscow, with their newborn, on June 1, 1962.
They lived in Dallas/Fort Worth with Robert for a few months. During this time he was interviewed by the FBI. They wanted to know the reasons he had gone to the USSR. He was belligerent. Oswald denied he was involved in Soviet Intelligence. ON August 16, 1962, he told the FBI, in a less than belligerent moment, that he would “inform the FBI of any attempt to enlist him in intelligence activities” (p. 13).
Oswald met the Russian speaking community in Dallas in October of ’62. They helped out the Oswald’s financially. He was a firm Marxist and they were capitalist and believed in democracy. None liked Oswald but felt sorry for Marina and their baby.
In February of ’63, they met Ruth Paine, who lived in Irving, Texas. She befriended Marina due to their commonalities. On April 6, 1963 Oswald lost his job at a photo firm. On April 10, he attempted to kill Major General Edwin A. Walker, U.S. Army (Ret.). Marina said that Oswald confessed this to her the next day or so. He then moved to New Orleans.
In New Orleans, he founded a fictitious chapter of the Fair Play for Cuba. He claimed to be a secretary and that a man named Alek Hidell was the chapter president. This was Oswald’s alias. On August 9, 1963, he was arrested for a scuffle in regards to the leaflets (pro-Castro) that he was distributing. He asked to be interviewed by the FBI and the NOPD complied. Oswald gave the FBI false information about his background and was evasive on the issue of Fair Play for Cuba. He would appear on 2 radio programs because of this interview.
In September of ’63, Oswald went to Mexico, arriving in Mexico City on the 27th. He visited the Cuban and Russian embassies there. He wanted to visit Cuba so that he could then go to Russia. He failed. He went home on October 3rd.
He rented a room from Mary Bledsoe in Dallas. Ruth Paine arranged the job at the TSBD. He started on October 16th. Oswald would hitch a ride with Buell Wesley Frazier to his wife’s house on the weekends. He went home on Thursday, November 21, 1963 to pick up his rifle. He left his wedding ring and $170 for Marina. He hid the rifle in wrapping paper and said it was curtain rods for his new apartment. When Kennedy’s death was announced, Marina remembered the Walker shooting and thought of Lee. She checked the garage and saw the blanket where the rifle was. It appeared to be there but she didn’t open up the blanket to be sure.
Oswald was interrogated by Fritz and the Secret Service. He denied owning a rifle, killing Tippit or the authenticity of the backyard photos. He refused to answer questions about Alek J. Hidell. He was charged with Tippit’s slaying at 7:10 pm. He was charged with Kennedy’s killing at 1:30 am the next morning.
Many press reports were wrong due to confusion in the department and overzealous newsmen and police officers. The news of Oswald’s transfer was published. He was moved out at 11 am and then Jack Ruby shot him. He was pronounced dead at 1:07 pm. He was arrested and put on death role. His appeal was pending at the time of the WR’s publication.
Conclusions
The shots which killed Kennedy and wounded Connally came from the 6th floor of the TSBD. There were witnesses who have said so. The whole bullet found on Connally’s stretcher came from the rifle on the 6th floor. The nature of the wounds suggests the bullet came from behind and above. The same bullet that hit Kennedy in the throat hit Connally. That bullet hit Kennedy in the back of the neck, came out his throat, hit Connally in the right side of his back, traveled downward through his chest, passed through his right wrist and entered his left thigh. No other bullets were fired from any other locations.
The Mannlicher-Carcano that was on the 6th floor was bought by Oswald under an alias. It was the weapon that fired the bullets to the exclusion of all other weapons. Oswald had the ability to fire the weapon with the proficiency to commit this assassination. Oswald lied to the police on many occasions. He attempted to kill Gen. Walker. Two witnesses saw the Tippit killing and 7 heard the shots. All 9 positively identified Oswald. The cartridges found at the scene were fired by the revolver in Oswald’s possession to the exclusion of all other weapons. Oswald’s jacket was found on the road between Tippit and the Texas Theatre.
The WR concedes that many statements made to the press by the various law agencies would have presented obstacles to giving Oswald a fair trial.
Ruby entered the DPD at 11:17 am and killed Lee Harvey Oswald at 11:21. Ruby and Oswald did not know each other directly or indirectly. No one assisted Oswald in his assassination planning. No one aided Ruby in his. Ruby’s motivation was that he was depressed and enraged after the President was murdered. Oswald was not encouraged by any foreign power to commit the act. Oswald never worked for the FBI or the CIA. The WC found no conspiracy or subversion by any government agency while conducting its investigation.
Oswald was motivated to commit the assassination because of the following reasons: resentment of authority; not able to maintain relationships; an urge to make history; his capacity for violence, ala the Walker shooting; and because he was a communist.
The Secret Service was at fault for not having the proper security measures in place. The agents acted properly during the shooting.
Recommendations
The Secret Service needs to do a better job. Better measures should be taken when defectors return to the U.S. The Commission recommends that an assassination of a President or VP should be a federal offense.
Chapter 2: The Assassination
Planning the Texas Trip
The President was going to Texas to shore up support for the Democrats. Connally and LBJ were feuding. The President hadn’t been to Texas since ’60. The President enjoyed talking to people and hearing 1st hand about their concerns. The details of the trip were left to Connally and O’Donnell.
Advance Preparations for the Dallas Trip
Special Agent Winston G. Lawson was in charge of preventative action, the luncheon site and the motorcade route.
Lawson inquired with the PRS about dangerous people. They found nothing. They didn’t even have the Stevenson incident the month before, but Lawson inquired about it anyway. He obtained some information about them. The FBI gave him the handbill that was sharply critical of JFK. The local police hadn’t seen it at that time.
The Trade Mart was the choice for the luncheon site. It had the food-handling capacity and adequate security features. 200 DPD officers were deployed around it as were 8 SS men.
No security sweeps were conducted because the SS usually does not do this. No mention is made of changes to the motorcade route, only further clarifications.
Dallas before the Visit
The news of Kennedy’s trip was published on September 13th in the Dallas Times-Herald. On October 24 Adlai Stevenson was accosted in Dallas. Earle Cabell called on the city to redeem itself in this Presidential trip. On October 26, Chief of Police Curry said he would provide 100 extra off-duty police for Presidential protection. On November 21, the anonymous handbill was discovered.
Visits to other Texas Cities
Kennedy also went to San Antonio and Houston. He was greeted by enthusiastic crowds.
Arrival at Love Field
The rain had stopped so the President would travel with the convertible down. Kennedy arrived at 11:40 am. Ten minutes later, the motorcade began.
Organization of the Motorcade
The motorcade was composed of: 1. motorcycles with DPD officers; 2. pilot car manned by police officers; 3. more motorcycles to keep the crowds back; 4. the lead car or a rolling command car of Secret Service; 5. the Presidential limousine; 6. more motorcycles; 7. Presidential follow-up car with O’Donnell and Powers; 8. VP’s car; 9. VP’s follow-up car with DPD officers; 10. remainder of motorcade which included the mayor and other dignitaries.
The Drive through Dallas
The President stopped twice along the route to greet people. The SS was on-hand to protect him.
Near the TSBD, the crowds were “thickly congregated” but along Elm Street they were “thinned abruptly” (p. 48). Mrs. Connally said to Kennedy, “You can’t say Dallas doesn’t love you”, to which Kennedy replied, “That much is obvious.” This was just before the fatal turn onto Elm.
The Assassination
Time
At 12:30 pm, the President was killed. The time has been established by 4 witnesses: SA Rufus Youngblood, David Powers, Roy Kellerman, and the DPD police log given by Chief Curry.
Speed
The Zapruder film establishes a speed of 11.2 miles/hour
In the Presidential Limousine
Jackie heard a cry from Connally and a quizzical face on John. Then she heard the next shot and saw the President’s skull torn open.
Connally said he heard a shot and turned to his right. He was unable to see the President. He looked over his left shoulder but never completed the turn because he was hit. Connally is sure he was hit by the 2nd shot.
Mrs. Nellie Connally said she heard the shots coming from her right. She saw the President with both hands up to his throat and he slumped.
Kellerman heard Kennedy say, “My God, I’ve been hit” as he moved his hands to his throat. He heard shots coming from his right. Kellerman then ordered that they go to the hospital as he radioed ahead
Greer heard a backfire. He glanced over his shoulders and saw Connally fall. He hit the gas after hearing the 2nd shot. Within 5 seconds of the 1st sound, Kellerman heard a “flurry of shot.” According to Connally and his wife, it was after the 2nd shot that the driver accelerated.
Reaction by Secret Service Agents
Hill heard a sound coming from his right rear. Kennedy grabbed himself and lurched forward and to the left. 5 seconds later he heard another shot, which removed a portion of Kennedy’s skull.
Agent Ready heard firecrackers. No SS men stayed on the scene and none entered the TSBD.
Parkland Memorial Hospital
The Race to the Hospital
The limo arrived at 12:35 pm with the VP’s car. Some of the motorcade proceeded to the Trade Mart. The staff at the hospital included: Malcolm Perry, Charles Baxter, Robert McClelland, Ronald Jones, Adolph Giesecke, Jackie Hunt, Gene Akin, Paul Peters, Don Curtis and Fouad Bashour.
The President and the Governor had separate rooms.
Treatment of President Kennedy
The 1st doctor was Charles Carrico. He noted 2 wounds: small throat wound in the front and a large wound to the head. He didn’t notice any on the back. Dr. Perry performed the tracheotomy. “Dr. Clark, who most closely observed the head wound, described a large, gaping wound in the right rear part of the head, with substantial damage and exposure of brain tissue…” (p. 54). He didn’t see any other hole or wound on the head. “According to Clark, the small bullet hole on the right rear of the President’s head discovered during the subsequent autopsy ‘could have easily been hidden in the blood and hair’” (p. 55).
Treatment of Governor Connally
Connally had a large, sucking chest wound. He had a hole near his right armpit. His wrist was put into a cast with some traction. Ralph Patman treated the wound to the left thigh. A bullet fragment remained in Connally’s leg.
Vice President Johnson at Parkland
Johnson was advised by the SS to leave the hospital and return to D.C. in case of further assassination attempts. Jackie refused to leave without the body and Kennedy’s body was boarded on Air Force 1.
Secret Service Emergency Security Arrangements
The SS moved out of the Trade Mart and the areas in Dallas where they were deployed and into the hospital and Love Field. When LBJ was ready, the SS moved him and his entourage to the airport and back to D.C.
Removal of the President’s Body
Dallas officials protested the moving of the body, saying they needed to perform an autopsy. “Despite the protests of these officials, the casket was wheeled out of the hospital, placed in an ambulance, and transported to the airport shortly after 2 pm” (p. 58). Take off was delayed for the swearing in.
Swearing in of the New President
LBJ took the oath at 2:38pm.
Return to Washington, D.C.
LBJ made a brief press announcement.
The Autopsy
The autopsy took place at Bethesda because Kennedy had served in the Navy. The hospital began the autopsy at 7:35 pm.
The autopsy found 2 wounds to the head. One was 1/4 “ by 5/8” and was located by the large, bony protrusion at the lower part of the back of the skull. The 2nd wound was 5” in its greatest diameter. 3 pieces of bone were found but some of the skull remains missing. A sizable fragment lies just above the right eye. Two fragments were turned over to the FBI. “The doctors traced the course of the bullet through the body and, as information was received from Parkland Hospital, concluded that the bullet had emerged from the front portion of the President’ neck that had been cut away from the tracheotomy… (p. 60).
Chapter 3: The Shots from the Texas School Book Depository
The WC has analyzed: eyewitness testimony, damage to the limo, expert testimony, the autopsies, wound ballistic tests, clothing examinations and photographic evidence.
The Witnesses
Some spectators saw a rifle being fired from the 6th floor. Some saw the rifle moments after the assassination. No credible evidence suggests bullets were fired from elsewhere. Howard Brennan said he saw a man “aiming his last shot” from the TSBD. Amos Lee Euins saw a “pipe” sticking out of the window. He saw the gun fire the last shot. He hid after hearing the 2nd shot. He told his story to Sgt. D. V. Harkness and James Underwood. Harkness sent out a report that the shooting came from the TSBD at 12:36. Robert H. Jackson, a photographer for the Dallas Times Herald, saw 2 black guys in a window looking up towards the 6th floor. In the window of the 6th floor, he saw the rifle but not the gunman.
Thomas Dillard was in the car with Underwood and Jackson. He had an “absolutely perfect view” of the TSBD (p. 65). He heard the shots and immediately took photos. The photos are on p. 66-67. Mrs. Earle Cabell also saw something in the window.
On the Fifth Floor
Three employees were on the 5th floor: James Jarman, Bonnie Ray Williams, and Harold Norman. Norman said he saw the President slump and that it sounded like the shots came from above them. They even heard the rounds hitting the floor above them. The WC tested this out and they too could hear the ejected rounds hit the floor.
At the Triple Underpass
The WC has concluded that no shots came from the area west of the TSBD. People heard sounds that came from there but none saw anyone with a rifle. Officers stood guard near the Stemmons Freeway overpass and near the railroad area. No unauthorized people were allowed there. 15 people were in the area; they were police officers or employees of Texas-Louisiana Freight or Union Terminal. S.M. Holland, signal supervisor for Union Terminal Co., stayed on location to identify non-employees. Patrolman Foster also checked credentials. Lee Bowers, an employee in the railroad tower, saw no movement in the area until 20 minutes before the motorcade. No traffic was allowed in the area due to the area being cut off. Because of this, the 3 cars that came in were plain. The first 2 left; the 3rd appeared to be leaving when Bowers quit watching it. Bowers also thought he heard the shots come from the area known as the grassy knoll. He saw a puff of smoke there about that time. The rest of the witnesses had very different recollections, both with Bowers’ testimony and with the official story. Many people were in the vicinity of the grassy knoll but none saw anything suspicious, saw no one running away, and none saw anyone with a gun.
The Presidential Automobile
After the limo was returned to D.C., the SS found 2 bullet fragments in the front seat. The windshield had a small residue of lead on the inside surface and a very small pattern of cracks on the outer layer immediately behind the lead residue. All the fragments, including those at Parkland, were compared. They were similar but it is not known if they were from the same bullet(s) or not. A dent in the chrome of the windshield could have been made by a ricochet fragment.
Expert Examination of Rifle, Cartridge Cases, and Bullet Fragments
All the bullets and fragments were fired from the rifle found on the 6th floor of the TSBD to the exclusion of all other weapons.
Discovery of Cartridge Cases and Rifle
Deputy Sheriff Luke Mooney found the 3 cartridges. Capt. Fritz ordered that nothing be touched. Lt. J.C. Day arrived and took photos. Deputy Sheriff Eugene Boone and Deputy Constable Seymour Weitzman found the rifle No one was allowed to touch it until Fritz and Day arrived.
Discovery of the Bullet at Parkland Hospital
A bullet was found on Connally’s stretcher. Darrell Tomlinson bumped the stretcher and found it. He “was not certain whether the bullet came from the Connally stretcher or an adjacent one” but the WC is sure it came from Connally’s.
Description of Rifle
The rifle was a Mannlicher-Carcano 6.5mm rifle. From outward appearances it looked like a 7.35mm but it had been rebarreled. Weitzman thought it was a 7.65 Mauser but had only glanced at it. The strap was not a weapon strap; it was a camera or musical instrument strap.
Expert Testimony
Four experts analyzed the bullets. 2 testified that the bullets and fragments came from the Mannlicher-Carcano to the exclusion of all other weapons. The other 2 experts submitted reports that agreed.
The Bullet Wounds
The WC took into consideration the medical evidence of Bethesda and Parkland, the clothing and expert examination of the weapon.
The President’s Head Wound
The autopsy concluded that the President was shot in the back and that a 6.5mm round was consistent with the wound. LTC. Finck and Comdr. James J. Humes performed the autopsy. They agreed. The bullet entered the rear and exited the right side of the head.
Edgewood Arsenal performed extensive tests. One series of tests “concluded that the wounds could have been made” by the assassin in the 6th floor with the given weapon and bullets (p. 87).
The President’s Neck Wound
Humes and Finck agreed that the President was shot from the rear. Carrico and Perry, however, were not sure (p. 89) until they heard what type of bullet was used. Edgewood Arsenal performed some tests and they were similar. The President’s clothing also suggested that this was the correct conclusion.
The Governor’s Wounds
Connally was unaware of any of his wounds except the chest wound until the next day. Connally had a fragment in his leg. Connally’s clothes also suggested that he was shot in the back. Connally had a mysterious “H” shaped tear in his clothes. Because his clothes were laundered, the examiner had insufficient evidence to make any conclusions about what caused this (p. 94).
The ballistics experts fired Oswald’s rifle at similar flesh and bone with similar clothing at a similar distance. The location and angle of the wound was virtually the same as that of Connally’s wounds {but what about the severity of the wound?}. The nose of the bullet was substantially flattened {unlike the Parkland bullet}. The WC has concluded that the Parkland bullet caused all the wounds on Connally. It weighed 158.6 grains; the typical round weighs 160-161 grains. Connally agreed that all his wounds were caused by 1 bullet. The ballistics experts also agree.
The Trajectory
The WC has concluded from the eyewitnesses, firearms experts and medical personnel that the bullets were fired from above and behind the President, specifically from the TSBD.
Films and Tests
There are 3 films showing the assassination: Zapruder, Nix and Muchmore. At least 2.3 seconds is needed to cycle the Mannlicher-Carcano rifle. The films were reviewed by the Connally’s and experts. Comparison tests were conducted, using the 3 films.
The First Bullet that Hit
At frame 166, JFK was obscured by foliage. At frame 225, JFK was reacting to the throat wound. It is unlikely he was hit before 210. This bullet also hit Connally. Frazier believes that the relative position of Kennedy and Connally also suggests this possibility. Connally said he was hit between 231 and 235. Connally couldn’t have been hit after 240 because he was twisted around too far. Corroboration that Connally was hit at this time is given. These conclusions are based upon the SBT, etc (p. 106). Ballistics experts fired the weapon at animal flesh. “The Army ballistics experts virtually duplicated the wound using the assassination weapon and animal flesh covered by cloth. The bullet that struck the animal flesh displayed characteristics similar o the bullet found on Governor Connally’s stretcher (p. 107).
The bullet that hit JFK in the throat also hit Connally, causing all his wounds. Drs. Olivier and Dziemian agreed. Dr. Light said there wasn’t enough evidence. Based on other circumstances (the relative position of JFK and Connally, etc.), Light said it was probable that the same bullet hit both men.
The Subsequent Bullet that Hit
All 3 films show this bullet’s impact on JFK’s skull. Using these 3 films, the experts were able to determine where JFK was at on Elm Street and how far he was from Lee Harvey Oswald.
The Number of Shots
Eyewitnesses are at odds as to how many shots there were. Most say 3 but some say 2 and still others say 4 or more. Due to the amount of eyewitnesses that say “3” and because 3 cartridges were found, the WC has concluded that 3 shots were fired.
The Shot that Missed
Because 3 shots were fired, 1 shot missed.
The First Shot
It seems unlikely that the 1st shot would miss when Oswald had all the time he needed to aim and then would hit the next 2 shots at farther range. Connally says this is the shot that missed, however. So does SA Glen Bennett. James Altgens took a picture of JFK reacting to the 1st shot. He insists he took it simultaneously with the shot but this is refuted by the Z-film; the Z-film indicates he snapped it at frame 255. Phillip Willis says he too snapped a photo simultaneously with the 1st shot. His photo and recollection are confirmed by the Z-film: frame 210 . Connally said he heard the 1st and 3rd shot but not the shot that hit him.
The Second Shot
The time to cycle the weapon suggests that the 2nd shot missed. 4.8 to 5.6 seconds elapses between the throat wound and the head wound. Most witnessed believe that the 2nd and 3rd shot were bunched up but a few believe it was the 1st two that were bunched up.
The Third Shot
It is likely that the assassin would miss this, the farthest shot. The limo was also changing directions and began accelerating at this time. Most people, however, say that the last shot was the fatal shot. James Tague was hit by a fragment. Within minutes of the shooting, Tague talked to Deputy Sheriff Eddy Walthers. According to Tague, “there was a mark quite obviously that was a bullet and it was very fresh (p. 116). Scientific examination of the mark was conducted by the FBI. It was lead with traces of antimony. “The mark on the curb could have originated from the lead core of a bullet but the absence of copper precluded ‘the possibility that he mark on the curbing section was made by an unmutilated military full metal-jacketed bullet such as the bullet from Governor Connally's stretcher’” (p. 116). {But the possibility that it was a different type of bullet is not precluded.}
The WC cannot conclude which shot missed.
Time Span of Shots
Eyewitnesses claim the shooting began and ended within 5 and 6 seconds. The time between the 2 hits on JFK are between 4.8 and 5. 6 seconds. Add to this another shot, it is another 2.3 seconds.
Conclusion
The shooting took place in about 7 seconds; all shots came from the TSBD; 2 shots caused all the wounds; 1 shot missed.
Chapter 4: The Assassin
To establish that Lee Harvey Oswald was the lone assassin, the WC relied on the following information: 1. ownership of the murder weapon; 2. the opportunity to use the weapon; 3. eyewitnesses; 4. the killing of J.D. Tippit; 5. resisting arrest in the Texas Theatre; 6. the lies he told DPD; 7. the Maj. Gen. Walker shooting; 8. Oswald’s rifle proficiency.
Ownership and Possession of Assassination Weapon
The Crescent Firearms Company out of New York City shipped the C2766 Mannlicher-Carcano rifle to Klein’s Sporting Goods in Chicago. Klein’s received a coupon that said A. Hidell wanted the rifle to a P.O. Box in Dallas. The order was shipped and included a scope which was attached, per Klein’s shipping policies. The coupon, the money order and the application for the P.O. Box are all in Lee Harvey Oswald’s handwriting; the FBI had experts confirm this.
Hidell was an alias that Oswald used often. He forged a vaccination card with the name “Dr. Hidell.” He founded the Fair Play for Cuba with Alek Hidell as the president. Marina said that Hidell was a derivative of Fidel because Oswald was obsessed with Fidel and leftist causes.
Oswald’s Palmprint on Rifle Barrel
Lt. Day found no fingerprints on the rifle. Before sending it to the FBI, he “lifted” a palmprint from the barrel. This lifting process took the print right off the rifle; the FBI would not be able to detect it because the lifting process also removes it. The palmprint was Oswald’s. The FBI checked the gun and found nothing. They confirmed Lt. Day’s findings concerning the palmprint that he lifted, however. There is no way to know how long the print had been there before they lifted it, according to the experts.
Fibers on Rifle
Cotton fibers were found in crevice on the rifle. They matched the fibers of the shirt that Oswald wore the day of the assassination. The FBI cannot be sure that this shirt produced those fibers to the exclusion of all other shirts, however. But the WC has concluded that these fibers did come from Oswald.
Photograph of Oswald with Rifle
The backyard photos depict Oswald with leftist newspapers in one hand and a rifle in the other. The authenticity of these was confirmed by the FBI. They concluded that the pictures were not composites. One of the negatives was recovered but the other was not. The pictures were tested with the camera in the Oswald residence. The pictures came from that camera. Marina testified that she took them around March 31, 1963 at her husband’s request. The pictures show Lee Harvey Oswald holding a rifle that is consistent with the C2766 Mannlicher-Carcano. But the FBI also said that the pictures couldn’t exclude other rifles of the same general configuration.
News publications released the backyard photos and their version was different from the FBI version—specifically concerning the rifle’s configuration. The FBI sought to determine why this was. They are satisfied that the news organizations simply “touched up” their pictures for clarity.
Rifle among Oswald’s Possessions
Marina said that Lee owned that rifle. The Paine’s said they had seen the blanket that it was wrapped up in but never saw the rifle. The rifle was not in the blanket 3 hours after the assassination, when the police showed up to search the Oswald home.
Conclusion
Based upon the above evidence, the WC has concluded that this was the rifle that killed Kennedy and wounded Connally.
The Rifle in the Building
The WC has concluded that Lee Harvey Oswald’s Mannlicher-Carcano rifle was brought into the TSBD, giving him the opportunity for the shooting. This conclusion was based upon the following information: 1. Oswald’s return home on November 21st; 2. the rifle missing from his possessions; 3. Oswald was seen carrying “curtain rods” on the 22nd; 4. a bag which the “curtain rods” was found on the 6th floor; 5. the palmprint, the fibers and paper analysis links Oswald to the rifle.
The Curtain Rod Story
Oswald needed a ride to his wife’s place on Thursday instead of Friday. Frazier asked why and Oswald said he was getting curtain rods. The apartment he lived at, however, didn’t need curtain rods. Furthermore, no curtain rods were missing from the Paine residence. No curtain rods were found on the 6th floor of the TSBD.
The Missing Rifle
Lee went to bed early and left early the next morning. The news came on that afternoon that the President had been shot from the building that Oswald worked at. Marina checked the blanket and saw that it appeared to still have the rifle. Later the police arrived and it was found that the rifle was in fact missing.
The Long and Bulky Package
Frazier said that Oswald brought the brown paper package with him back to Dallas. His sister, Mrs. Randle, said the package was 28” long. But the disassembled Mannlicher-Carcano was 34.5” long. Frazier said that the package fit in the back seat in a certain manner. But the manner he described gave only 27” of clearance. The WC asked Frazier to duplicate the manner in which Oswald carried the rifle; Frazier’s description of Oswald carrying this bulky package was rather detailed. He was not able to carry the dismantled rifle in the manner in which he saw Oswald carry the package. The WC has determined that Randle and Frazier’s memories are not completely accurate because the weight of the evidence suggests that Oswald was carrying a rifle in the brown paper bag.
Location of Bag
Lt. Day found the bag next to some cartons and near the window that Oswald fired the rifle from. The cartons were laid out in a pattern that would allow a person to sit on them and assemble the rifle in complete privacy. This is cogent evidence that Oswald used the bag to carry the rifle.
Scientific Evidence Linking Rifle and Oswald to Paper Bag
The paper and tape used to make the homemade bag were made from the materials available to Oswald at the TSBD. The FBI tests confirm that they are similar but not identical. Also, the paper fibers had some cotton fibers on it that could have come from the blanket. There wasn’t enough fibers for conclusive evidence, but the WC believes this is probative enough to draw that conclusion.
Conclusion
The WC has concluded that Oswald told Frazier about the curtain rods to justify the trip home on Thursday and the bulky package. No one in the TSBD other than Frazier saw him enter work that day. The bag was found in the vicinity of the window and other evidence suggests that Oswald used the bag for this purpose.
Oswald at Window
Oswald worked primarily on the 1st and 6th floors. The WC used the physical evidence available on the 6th floor when concluding that Oswald was there during the assassination.
Palmprints and Fingerprints on Cartons and Paper Bag
Oswald’s palmprints and fingerprints were found on the cartons near the firing nest. Although the time that the prints were placed there could not be determined, the WC has given this evidence probative value. The cartons and paper bag don’t always absorb prints so any prints could be on there and the time they were put on there would be unknown. Only Oswald’s prints have ever turned up so the WC has concluded that Oswald was on the cartons near the paper bag that contained the rifle.
Oswald’s Presence on Sixth Floor Approximately 35 Minutes before the Assassination
Charles Givens saw Oswald at 11:55 am on the 6th floor. He talked to him briefly. He remembers Oswald having a clipboard in his hand. The clipboard was found near the rifle. It was the clipboard that had the invoices that Oswald was supposed to fill.
Eyewitness Identification of the Assassin
Howard Brennan saw a man in the 6th floor window shoot the last shot. He saw the man 6 to 8 minutes beforehand, leave and return. Brennan’s description was what was probably used by the police radio. Brennan gave a height of the assassin but the assassin had to kneel to make the shot. Brennan also identified the other men who were on the 5th floor that he saw: Norman and Jarman. At the line-up, Brennan confessed he had seen Lee Harvey Oswald on the television and that he was unsure if this was why he made the identification. Brennan said that he couldn’t make the positive ID on the 22nd because he thought this was a Communist plot and he feared for his life. Once he knew there were more witnesses, he made the ID.
Fischer and Edwards described the man as being white with brown hair. Amos Euins said the man had a bald spot was not sure what color skin he had. The photo taken by Altgens that showed a man whose appearance was similar to Oswald’s was in fact Bill Lovelady. The men standing next to Lovelady confirm this.
Oswald’s Actions in Building after Assassination
Within one and half minutes of the assassination, Patrolman Baker saw Oswald on the 2nd floor going towards the lunchroom. According to building superintendent Roy Truly, Oswald did not flinch or show any emotional reaction to Baker and his drawn revolver. Baker said that Oswald was not out of breath and was not sweating. The WC conducted tests to confirm Baker’s story about the time it took. The WC is satisfied with Baker’s testimony.
Dougherty and Piper were in the TSBD but “were confused witnesses” (p. 153). Victoria Adams went down the stairs immediately after hearing the shots. She did not see Oswald. Her estimate is time estimate is probably wrong because she saw Lovelady and Shelley, not Truly, Baker and Oswald. Mrs. Reid heard 3 shots that she thought came from the building. She saw Oswald drinking a Coke as he left out the front door. She saw Oswald with a T-shirt and no jacket. The jacket was found in the building. Mrs. Reid’s story was tested by the WC to see how long it would take; they are satisfied with her story. The building still hadn’t been sealed off at that moment.
Sgt. Harkness said the building was not sealed off even at 12:36 pm when he made the radio call prompted by Euins’ description. SA Sorrels testified that he entered the building without incident 20 minutes after the shooting. Truly noticed that Oswald was not present during the questioning of the TSBD employees. Truly gave this information to Capt. Fritz, no earlier than 1:22 pm, the time when the rifle was discovered.
Conclusion
The prints put Oswald at the window where the shooting took place. Oswald was seen in the vicinity of the window 35 minutes prior to the shooting and no one saw him anywhere else until after the shooting. Eyewitnesses picked him out of a line-up. The WC thus concludes that Lee Harvey Oswald was at the window where the shooting took place at the time that the shooting took place.
The Killing of Patrolman J.D. Tippit
Tippit was killed at 1:16 pm. The WC looked at the following evidence in deciding what happened: 1. eyewitnesses to the shooting; 2. firearm experts; 3. evidence of ownership of the murder weapon; 4. evidence of ownership of a jacket found on the road.
Oswald’s Movements after Leaving Depository Building
The WC has concluded that Oswald took a bus after leaving the TSBD. He walked 7 blocks to the corner of Elm and Murphy and took a bus that headed back towards the Depository. When he was arrested, a bus transfer ticket was found on him with the date “November 22, 1963” printed on it. This was confirmed by Cecil McWatters, a bus driver.
He said that Oswald was on the bus for about 4 minutes. He positively identified Oswald in a lineup. He said that Oswald had an argument on board with a woman. Later, to the Commission, he said he was wrong, that the man he was thinking about was a teenager named Milton Jones. Jones confirmed this. His recollection was too vague for putting Oswald at the bus.
Mary Bledsoe, an elderly woman who had rented Lee Harvey Oswald a room 6 weeks earlier for a period of 1 week, identified Oswald. She said she didn’t like Oswald and that’s why she evicted him. She said that Oswald got on at Murphy. She didn’t look at him because she didn’t like him, he looked like a maniac. She recognized the shirt he was wearing: it had a hole in the elbow. Oswald’s shirt that he was wearing at the time of his arrest did in fact have a hole in the elbow.
Roger Craig, a deputy sheriff, claimed that he saw Oswald 15 minutes after the shooting. He saw Oswald get into a Rambler station wagon, light-colored, moving along Elm Street. He next saw Oswald in the interrogation room with Fritz. The WC has rejected Craig’s testimony. “Fritz stated that a deputy sheriff whom he could not identify did ask to see him that afternoon and told him a similar story to Craig’s. Fritz did not bring him into his office to identify Oswald but turned him over to Lieutenant Baker for questioning” (p. 160). Craig said that when Oswald saw him that Oswald said, “Everybody will know who I am now.” The rest of the police in the room do not remember Lee Harvey Oswald saying this. Thus the WC has rejected Craig’s story.
William Whaley was a cab driver who picked up Oswald after he left the bus. Whaley was brought to a lineup. According to Whaley, the lineup was 5 teenagers and Oswald. Whaley also said that it was easy picking out Oswald because he was “bawling out the policeman” complaining about the unfairness of the lineup, presumably cursing the cops. But Whaley said he could have identified Oswald in spite of this. {Whaley went to the DPD after seeing a photo of Oswald in the papers—of course he could ID him.} Whaley’s memory isn’t very good, the WR says. There were not 6 men, only 4. They weren’t all teens, only 2 were. 1 was Oswald, the other was 26. Whaley’s log is rounded off to the nearest quarter hour. Whaley said he dropped off Oswald at the 500 block of North Beckley. He put a large “X” on the map that was hardly precise. After another interview, he said the location was the 700 block. He said that Oswald was wearing a gray or heavy blue jacket. But Oswald’s blue jacket was left in the TSBD. He did correctly ID the shirt Oswald was wearing and a bracelet he was wearing.
The evidence suggests that Oswald arrived at his boarding house at 1 pm. Oswald lived at 1026 N. Beckley. He used the name O.H. Lee. Mrs. Roberts, his landlady, testified that Oswald did not come home on Thursday and when he came home early on Friday, he was in a rush. She saw him go to the bus stop right outside the house. He was next seen 9/10ths of a mile from there at the corner of 10th street and Patton Avenue, moments before the shooting. He would have to travel almost a mile in 15 minutes and the WC is satisfied that he could do this if he walked briskly.
Description of Shooting
At 12:45 pm the dispatcher ordered Tippit to the central Oak Cliff area. He reported that he was there at 12:54 pm. He stopped a man on foot at 1:15 pm. The man shot him 4 times and Tippit died instantly. The gunman ejected his empty cartridges and moved towards Patton Avenue. 12 people saw Oswald do this: 5 by a lineup that night; 1 the next day; 3 by photo; 2 that Oswald resembled the man; 1 would not commit.
A taxi driver named William Scoggins [1] saw Tippit get out of his car, heard 4 shots and saw Tippit collapse. He hid behind his cab as the killer walked past him. He gave an ID of Oswald in a lineup. He said that he may have seen a picture of Oswald in the newspaper, though.
Domingo Benavides [2] was driving a truck in the area. He heard the shots, saw Tippit fall down and saw the killer empty his shells on the ground. Benavides used Tippit’s radio to report the shooting. He said he couldn’t ID the man in a lineup. He later saw a picture of Oswald in the papers and said that was the man.
Helen Markham [3] saw the killer lean on the cop car as he talked to Tippit. Tippit calmly opened the door and slowly got out of his car. Then the killer shot him. She saw him move down Patton toward Jefferson Boulevard. Markham moved to Tippit’s body. She was there when the police came. Her description was that the killer was 30, 5’8”, black hair and slender. She went to a lineup that day and ID’d Oswald. The WC received a telephone transcript of a conversation that Markham had had. In it, she called the killer “short, stocky and wavy hair.” The WC is satisfied that her strong positive ID is accurate. She denied this conversation. Then she said it did occur and explained.
Barbara and Virginia Davis [4&5] heard the gunfire and the screams of Markham. They saw a man with a revolver cut across their yard and empty his shells on the ground. The shells were recovered. They went to a lineup with 4 men; both ID’d Oswald. Barbara was not sure if she had seen a picture of Oswald in the paper. They were taken to the lineup together. They whispered Oswald’s number to the detective. Both women claimed that they had beaten the other woman by picking out Oswald first.
William Arthur Smith [6] saw the shooting a block east of 10th and Patton. He did not go to the police until several days later. He saw Oswald on television and said that was the man he saw running away after he heard the shots that killed Tippit.
Ted Callaway [7] was manager of car lot and his employee, Sam Guinyard [8]. This lot was located on the northeast corner of Patton and Jefferson. They heard the shots. They saw a man carrying a revolver coming up Patton. Callaway shouted at Oswald, “What the hell is going on?” Guinyard and Callaway ran to 10th and Patton and found Tippit’s body. They say that Tippit had reached for his gun because it was out of his holster. Callaway picked it up. He and Scoggins attempted to run down the gunman but lost sight of him. They were brought to the same lineup as Markham. Neither had seen a picture of Oswald before. They both picked Oswald out of the lineup.
The WC is satisfied that the lineups were conducted fairly.
Four men were at the used car lot and saw Oswald: Warren Reynolds [9], Pat Patterson [10], Harold Russell [11], and L.J. Lewis [12]. They saw a man with a revolver running south on Patton. Reynolds and Patterson followed him for a block. Russell and Patterson were shown a picture of Oswald 2 months later. They confirmed that the man was Oswald. Russell signed an affidavit. Patterson later claimed he never was shown the picture. He was then shown 2 pictures of Oswald and confirmed that the man was indeed Lee Harvey Oswald. Reynolds did not identify the man to the FBI but did make a confirmation before the WC. Lewis never made a confirmation.
Murder Weapon
Oswald was carrying a Smith &Wesson .38 Special when he was arrested; three officers confirm this. Four cartridges were found at or near Patton and 10th. These cartridges were fired from Oswald’s gun to the exclusion of all other guns.
Cortlandt Cunningham, a firearm expert from the FBI, fired a test cartridge and testified before the WC. He said the cartridges definitely came from Oswald’s revolver. Regarding the bullets found in Tippit’s body: “He concluded, however, that he could not say whether the four bullets were fired from the revolver in Oswald’s possession” (p. 172).
Two different name brand bullets were found on the scene.
Ownership of Revolver
Oswald bought the gun by mail order under the alias “A.J. Hidell” to his post office box in Dallas. His wife and the FBI confirm this. His jacket was found on the ground between the Tippit shooting and the Texas Theatre.
Conclusion
Eyewitnesses saw Oswald in the area or fleeing at the time of the Tippit killing. The cartridges were fired from his gun. The gun on his person at the time of his arrest was purchased by him. His jacket was on the road, discarded on the way to the Texas Theatre.
Oswald’s Arrest
The Texas Theatre is 8 blocks from the Tippit killing and 6 blocks from several witnesses who saw Oswald. John Calvin Brewer, a shoe store manager, saw Oswald looking over his shoulder as a siren blared. To Brewer, Oswald “just looked funny” (p. 178). Julia Postal, a cashier at the Texas Theatre, saw a man duck into the outer lobby. Brewer saw him go in without paying. He told Postal. She sent Brewer after the man (into the theatre). She said she heard about the assassination and wasn’t sure if this was the man or not but he seemed to be running from the cops. She then called the police.
At 1:45 pm, the police radio broadcast that they had information regarding a suspect at the Texas Theatre. “At least 15 officers converged on the Texas Theatre” (p. 178). Oswald was arrested after a scuffle. Several people heard Oswald’s gun misfire. The bullets in his revolver were checked and they did indeed misfire. One witness saw Oswald get hit with a shotgun muzzle but this is uncorroborated. One patron heard someone say to Oswald, “Kill the President, will you!” but this is also uncorroborated; the police were, at that time, pursuing Tippit’s killer, not Kennedy’s. Captain Fritz learned shortly afterwards that Oswald was also the missing man from the TSBD.
Statements of Oswald during Detention
Oswald was interrogated off and on for 12 hours. He denied everything. A paraffin test was conducted and its results were dismissed because the WC says they are unreliable. Oswald provided little testimony but was caught lying on numerous occasions.
Denial of Rifle Ownership
Oswald denied buying the rifle under the alias of “Hidell” or any other name. Backyard photos were found in the Paine residence. Oswald claimed these were fakes. He said that the rifle and revolver had been superimposed on those pictures. Marina said that she took the pictures and that they were not fakes; experts agree with Marina.
The Revolver
Oswald claimed he bought the pistol in Fort Worth, not mail order.
The Aliases “Hidell” and O.H. Lee
Oswald had a forged selective service card with his picture on it in the name of Alek J. Hidell. Hidell was allowed to use the post office boxes in Oswald’s name. He rented the room in the name of O.H. Lee. He said the landlady made a mistake but he signed the registrar in this name.
The Curtain Rod Story
Oswald said he didn’t need curtain rods; he wanted to go home that Thursday because he wanted to avoid a party that the Paine’s were planning for their kids. The party, however, was the preceding weekend. Also, Oswald denied carrying any package other than his lunch but Randle and Frazier say differently.
Actions During and after Shooting
Oswald claimed he was eating his lunch during the time of the shooting. He said he went to the 2nd floor to get a Coke and saw Patrolman Baker. He said he talked to Bill Shelley about 5 or 10 minutes before going home; Shelley denies talking to Oswald after the shooting. He said he ate lunch with Junior; no employee at the TSBD had that name.
Prior Attempt to Kill
The Attempt on the Life of Maj. Gen. Edwin A. Walker
Walker was a controversial political figure after resigning from the army. He was at home on April 10, 1963 when someone shot at him through his window. There were no eyewitnesses. A friend of Walker’s testified that 2 nights before the shooting he saw “two men around the house peeking in windows” (p. 183). Walker reported this to the police before the shooting. On the night of the shooting, a teenager in the neighborhood heard the shots and saw 2 men drive out of a church parking lot immediately afterwards.
Oswald had written a note to his wife that implies that he was responsible. He told her that if he didn’t return that he had left her some money and a PO Box. When he returned, he confessed that he shot at Walker but missed. He said he was sorry that he had missed. The timing of the shooting is corroborated with the purchase receipts from the mail order places that Oswald got the guns from.
Marina also produced photos that Lee Harvey Oswald had taken of the Walker residence.
The bullet that came from the Walker house was not able to be identified with Oswald’s rifle. It was the same caliber but was badly mutilated.
Marina said that Oswald was stalking Walker; he had been waiting for the right night to shoot him, when there would be crowd at the church so he wouldn’t draw attention to himself. The WC found that the church was indeed having a service that night. Based upon the above evidence, the WC has concluded that Lee Harvey Oswald attempted to kill Walker and therefore had the propensity to kill other public figures.
Richard M. Nixon
In January of ’64, Marina told Robert Oswald that Lee had once threatened Nixon. Marina did not tell the WC this in February of ’64. She later testified in June that before he left for New Orleans on April 24th, he put on a good suit and said he was going to see Nixon. He put a gun in his jacket. Nixon was not in town this day but LBJ was. Marina said she was sure it was Nixon but then said she was flustered. The WC decided that this was of no probative value to the Kennedy killing.
Oswald’s Rifle Capacity
The WC looked at Oswald’s Marine record, the accuracy of the rifle, the nature of the shots and Oswald’s experience with guns after the Marines.
The Nature of the Shots
The target was slow moving and Oswald had a 4x telescope. The firearm experts confirm that this was an easy shot, especially at a range of 175 to 260 feet.
Oswald’s Marine Training
Oswald qualified with a “sharpshooter” rank in 1956; he qualified in ’59 as a marksman. The sharpshooter is a “fairly good shot” and the low marksman (what Oswald qualified for the 2nd time) was a “rather poor shot” (p. 191). Sergeant Zahm, an expert Marine Corps rifleman, said that when Oswald was in the Marines: “he [was] a good shot, slightly above average…” (p. 192).
Oswald’s Rifle Practice Outside the Marines
Oswald would go hunting on occasion and demonstrated proficiency with different bolt action rifles. “After he left the Marines and before departing for Russia, Oswald, his brother and a third companion went hunting…” (p. 192). They used bolt action rifles. In Russia, Oswald got a hunting license and joined a hunting club. He went hunting 6 times. Marina said that Oswald would practice at a firing range occasionally. George DeMohrenschildt corroborates this. Marina saw him practicing moving the bolt back and forth.
Accuracy of Weapon
The Army ballistics experts test fired the rifle. If the 2nd shot missed, the minimum time span for the shooting was 4.8 to 5.6 seconds; if the 1st or 3rd shot missed, the time span would be 7.1 to 7.9. The experts were able to do it under 8.25 on the first series of trials and in 7 seconds in the second. If they had practiced on the bolt like Oswald, they would be able to reduce that time. They were able to hit the targets 2 out of 3 times. Frazier said the rifle was accurate and had less recoil than most rifles.
Conclusion
The scope was a substantial aid. Oswald was a Marine and trained in the use of rifles. He continued to shoot rifles afterwards. Experts were able to duplicate his feat in both timing and accuracy. Experts say it was an easy shot.
Conclusion
Lee Harvey Oswald owned the rifle that killed Kennedy and wound Connally; he brought it with him to work that day; he was present at the window where the shooting took place; he killed Tippit; he resisted arrest; he lied to police; he tried to kill General Walker and he had the expertise to use the rifle.
Detention and Death of Oswald
Oswald was in police custody for the next 48 hours. He was leaving the police station when he was killed by Ruby. The WC has considered the facts concerning Oswald’s detention and death and the conduct of the police in regards to this.
Treatment of Oswald in Custody
Oswald was detained on the 3rd floor where there’s a jail cell and the main offices.
Chronology
The police arrested Oswald at the Texas Theatre and brought him to the DPD at 2 pm. He was arraigned for Tippit’s killing at 7:10 pm. At 1:30 am he was arraigned for Kennedy’s killing. After midnight there was a press conference. He was visited by his brother on Saturday. He called Ruth Paine’s house and the Dallas Bar Association. He was leaving the department at 11:21 am on Sunday when he was shot. He was pronounced dead at 1:07 pm.
Interrogation Sessions
Oswald was interrogated for 12 hours. He was calm most of the time but was annoyed by the press and their pushiness. They were never able to get Oswald’s trust. ”… it was just against all principles of good interrogation practice” (p. 200).
Oswald’s Legal Rights
Oswald was fed and got ample rest. He was not brutalized while in custody. He had a cut which was caused during his arrest. He told the press that he objected to not being allowed a lawyer and that he was accused of shooting a cop. He said, at midnight on Friday, he was not charged with the JFK killing. Nichols, president of the Dallas Bar, said that he offered Oswald legal assistance and that Oswald refused; he wanted Abt from New York or a ACLU lawyer.
Activity of Newsmen
Within an hour of Oswald’s arrest, the press knew he was a possible suspect in the JFK assassination. A television programmed carried this story at 3:26 pm. The DPD became congested with the press.
On the Third Floor
There were 300 newsmen on the 3rd floor. This caused incredible confusion. The DPD posted guards at the stairways and elevators. The police were lackadaisical about checking the press for credentials; they said to do so would be impossible. Most newsmen said that they had their credentials checked several times. Some said they never had their checked at all. Ruby was present on the 3rd floor on Friday night.
Oswald and the Press
The press usually had to get permission to take pictures of a prisoner but this practice was not followed with Oswald. Anytime he was brought out of an office or a cell, the press would shove microphones in his face or shout questions.
The Abortive Transfer
The FBI got calls that there would be an attempt on Oswald’s life. They told the DPD. They decided to move Oswald to the county jail through the basement. He would be driven in an armored car or truck. Guards were placed at the garage and basement doors and the area was cleared of unauthorized personnel. During the transfer, the police formed a protective “corridor” for Oswald to move through into the armored vehicle. The public was kept abreast of Oswald’s impending transfer. The police decided to use a decoy: Oswald would be put into a truck and a decoy car would go in a round about way to the county building. As Oswald was moving through the garage, Ruby stepped through the crowd and shot him in the belly.
Possible Assistance to Jack Ruby in entering the Basement
The WC has investigated whether Ruby had any help in getting into position to kill Oswald. The WC has determined that Ruby entered no more than 3 minutes before the transfer. Ruby was at a Western Union at 11:17 am. He shot Oswald at 11:21. It takes between 1 and 1.5 minutes to walk directly from the Western Union to the garage. Patrolman Vaughn said he checked all credentials and many people corroborate this. There were over 100 people in the garage but none said that they had seen Ruby enter. Ruby said he entered through the Main Street Ramp. Lt. Pierce used his car to clear the ramp 55 seconds before the shooting. Due to the uninterrupted cameras that were videotaping the event, the WC is positive about the times. Ruby’s story is consistent with the most direct route. Ruby’s activities at the Western Union are verified by a receipt. The WC is satisfied that Ruby received no help form the police.
Adequacy of Security Precautions
The DPD had taken great precautions to ensure the safety of Oswald. Unfortunately they have a policy to allow the press some leeway. The general rule is to allow the press full access. This policy should not have been followed in this case. Press passes could be fabricated. Oswald was killed when the police took the most precautions (p. 227) {to protect their asses?}. The public wanted to know the evidence against Oswald, his treatment by the DPD and his legal representation. The police had failed to make the rows of officers that they had intended; they had failed to keep the press on the east end. Plus there was some confusion at the last minute regarding the transfer: whether to take him by unmarked car or armored vehicle. The WC has concluded that Oswald’s transfer should have been done in secret.
News Coverage and Police Policy
The press was eager for information on Oswald and the police were eager to give it to them. This resulted in a lot of erroneous reports—reports that were premature or uncorroborated. This would lead to endless speculation about conspiracies. The information exchanges were often informal and impromptu. For example: a deputy constable (Weitzman?) identified the rifle as a 7.65 Mauser, not a 6.5 Mannlicher-Carcano. He had neither handled it nor saw it at close range.
The “Darryl Click” incident was simply the product of confusion. The audio tape was heard incorrectly.
Joe Molina’s house was searched. He was a credit manager at the TSBD. He was also as member of the subversive American GI Forum. The search took place at 1:30 am on November 23, 1963. He was never charged, arrested nor held in custody. This report led some to believe that Oswald had help. Molina claimed he had never spoken to Lee Harvey Oswald. Molina was fired in December. He claimed he was fired for unfavorable publicity but the TSBD said that the reason was automation. {Automating a credit manager? By the way, Molina was a Navy veteran}.
These reports, the WC and most legal scholars agree, would have prevented Oswald from getting a fair trial. There are competing interests: the right of the people to have a fair trial and the right of the people to be informed about highly public crimes.
Responsibility of the News Media
The WC believes that the brunt of the blame should be born by the DPD but that some should fall on irresponsible media. An unannounced transfer of Oswald would be viewed as suspicious and subjected the DPD to unfair media scrutiny. This assessment has been verified by Dallas officials like the city manager.
Chapter 6: Investigation of Possible Conspiracy
Many rumors of a conspiracy existed because of: lack of information, publicized rumors that Oswald received aid, Oswald’s bizarre past, his political affiliations and due to irresponsible media attention.
The WC was faced with a dilemma because of Oswald’s foreign ties. Those out of the U.S. are not subject to subpoena. The veracity of the evidence from a foreign power is not above reproach. Where evidence existed, it was tested “against the contingency that it had been fabricated or slanted to mislead or confuse” (p. 243).
The WC will review the facts related to the assassination to see if any conspiracy manifests itself; the remainder of this chapter will deal with Oswald’s life since leaving the USMC. The WC has relied on the State Department and the CIA for its investigations into foreign involvement.
Circumstance surrounding the Assassination
JFK was killed from the 6th floor of the TSBD and Lee Harvey Oswald was the one who did the shooting.
Selection of the Motorcade Route
The most direct route to the Trade Mart was through the Stemmons Freeway to Main Street. This was a traditional parade route because it allowed the maximum amount of people to view the entourage. To get to the Trade Mart from here, you have to go past the TSBD and make that sharp turn.
Oswald’s Presence in the Depository Building
Oswald was hired 2 weeks beforehand, right after returning from Mexico. His reference from Jaggars-Chiles-Stovall did not recommend him for other jobs, stating that Lee Harvey Oswald had communistic tendencies. Ruth Paine’s neighbor, Linnie Mae Randle, said to apply to at the TSBD. Oswald was offered $100 a month more to work for an airline but he probably never heard of the offer after he had accepted the TSBD job.
Bringing the Rifle into Building
Buell Wesley Frazier gave Oswald a ride to work. There is no evidence that anyone suspected that he was returning home to get a rifle to shoot the President. Oswald could have done everything on his own.
Accomplices at the Scene of the Assassination
The firing nest didn’t require 2 people. The floor crews that were working in the area meant that Oswald would be alone. The presence of other fingerprints does not mean that he had accomplices. Many people saw a man in the window. “…none of these witnesses testified to seeing more than one person in the window” (p. 250).
Arnold Rowland saw a man with Oswald’s appearance in the window. He signed an affidavit saying he saw a man but was unable to identify him. He testified before the WC on March 10, 1964 that he also saw an elderly Negro in the window. This statement does not appear in his FBI statement. Mrs. Rowland said that he never told her about the other man before and that she didn’t hear him make that comment to the FBI. Rowland is prone to exaggerate.
Deputy Roger Craig can corroborate this story. He claimed that 10 minutes after the assassination he talked to the Rowland’s and that Mr. Rowland saw 2 men but thought they were Secret Service men. He said that Rowland saw 2 men, both white, one with a rifle. This is contradictory of the story that Rowland tells so the WC has dismissed it.
Oswald’s Escape
Truly and Baker saw Oswald within 2 minutes of the shooting. Reid saw him 1 minute later walking through the 2nd floor offices. McWatters and Bledsoe saw him 4 minutes later. Whaley saw him next. All said that Oswald was alone. The building was not sealed until after 12:37 pm. He could have easily left without assistance.
James Worrell saw a man running from the rear of the building shortly after the assassination but could not see his face. Two other witnesses that were watching the rear saw no one leave. Craig saw someone 15 minutes later get into a station wagon but the WC has concluded it was not Oswald.
Earlene Roberts said that after Oswald came home that she heard a Dallas cop car honk its horn. She was confused about the number of the car. The number she gave was not in the area nor were any DPD cars at 1 pm. Even so, she also admitted that she saw Oswald walking to a bus stop after the cop car honked.
Background of Lee Harvey Oswald
Oswald was a loner and had difficulty with relationships. He had a capacity to act alone and not contemplate the consequences. There is no evidence he was part of a sinister or subversive plot.
Residence in the Soviet Union
Oswald was an open Marxist before defecting. The WC has investigated whether he was Russian agent. Dean Rusk said that the USSR had nothing to gain by killing Oswald. The WC accepts Rusk’s assessment. Oswald moved to the USSR on his own accord. He became fascinated by communism while in Japan. DeMohrenschildt said that Oswald had met communists in Japan but Priscilla Johnson said he told he had not met any in Japan. It is unknown which statement is accurate.
While in Japan, Oswald studied Russian. His study of Russian would have made him an asset in military intelligence but his defection spoiled that. His score on a test was poor.
Oswald left for Russia 9 days after his discharge. He received a visa. The WC has investigated whether he received preferential treatment. The WC is satisfied that Oswald was not an agent of the Soviet Union.
Oswald’s diary begins after his arrival in Minsk. Marina confirms this. The WC believes that he transcribed many parts of the diary from another notebook at a later date. His diary is inaccurate in many places, also.
Snyder, the official at the U.S. embassy that dealt with Oswald, said that Lee Harvey Oswald renounced his U.S. citizenship but didn’t complete all the paperwork necessary to make it official. The WC believes that Oswald was confused by the procedure. Johnson corroborates this by saying: “He liked to create the pretense, the impression that he was attracted to abstract discussion and was capable of engaging in it… he didn’t have the capacity for a logical sustained argument about an abstract point on economics…philosophy…” (p. 262).
Oswald’s value as a Russian agent was compromised by his behavior during his attempt at expatriation. Oswald said the Russians treated his defection like a formality, not as a propaganda possibility. Oswald’s dealings with the Russian authorities were unexceptional.
Oswald worked at a radio and television factory. He was paid well for his work. The CIA and Marina say this is because the Russians want to impress foreigners who live and work in the Soviet Union. Oswald owned a gun and belonged to a hunting club.
Oswald received word from his mother who wanted him home. He and his wife received no favorable treatment in being permitted to leave {but what about being allowed to reenter America?}.
Associations in the Dallas-Fort Worth Community
There was Russian-speaking community in Dallas. The Oswald’s benefited from knowing them because they helped out financially. There is no evidence that Oswald planned to return to America to establish these contacts.
He first met George Bouhe and Anna Meller. They introduced them to the rest. Oswald resented them for helping out Marina and their daughter. The Oswald’s left Fort Worth in April of ’63. He lost contact with the Russian community at this time, except for DeMohrenschildt. DeMohrenschildt asked Oswald, jokingly, about the Walker shooting. Oswald was embarrassed and awkward about the joke.
DeMohrenschildt was an oil millionaire. He and his wife hiked from the Texas-Mexico border to Panama, through the jungles. “By happenstance they were in Guatemala City at the time of the Bay of Pigs invasion” (p. 283) {Why by happenstance? And why even mention this?}. They went from Panama to Haiti where DeMohrenschildt entered into a “Government-oriented business venture…” (p. 283) {why is “Government” capitalized? And what was this business venture? How was it connected to the Bay of Pigs, other than its geographic proximity?}. DeMohrenschildt is eccentric, an individualist. He also said “some form of undemocratic government might be best for other peoples” (p. 283) {compare with Lane’s notion that DeMohrenschildt was a Nazi}. No evidence exists that he was a part of any subversive organization or linked to the JFK killing.
The Paine’s were not part of the Russian community although Ruth spoke Russian. She met the Oswald’s through the DeMohrenschildt’s. Paine and Marina became friends. Marina did not confide in Paine that Oswald was planning his Mexican trip. On November 1st and 5th of ’63, Paine was interviewed by the FBI who wanted information about Oswald since his return. She didn’t know his address but told them that he worked at the TSBD. She found a letter that Oswald had written to comrade Kostine in the Soviet embassy in Mexico City. She had decided to give this letter to the FBI if they returned. The Paine’s were Quakers. “…she was a delegate to two Friends conferences in England” (p. 285) {what is that?}. She belonged to organizations that tried to lessen the Soviet-American tensions. Her son, Michael, participated in the Trotskyite faction in the Communist movement in the U.S. He also participated in far-right wing groups to broaden his horizons. Ruth had no idea about the rifle, the Walker shooting or the Mexico episode.
The WC is satisfied that none of these people were involved in subversive, fascist or communist activities.
Political Activities upon Return to the United States
Oswald was affiliated with the Communist Party, U.S.A., the Socialist Workers Party and Fair Play for Cuba Committee. The WC has investigated Oswald’s ties with these groups to see if he was aided in his assassination endeavors. His involvement with the communists and socialists was simply to subscribe to magazines or newspapers. There was no connection between FPCC and the Communist Party, U.S.A.
Oswald carried on correspondence with Arnold Johnson, director of the information bureau of the Communist Party. Oswald told Johnson he had attended a meeting where General Walker had spoke and had attended an ACLU meeting.
When Oswald went to Mexico, he showed Silvia Duran his membership and letters to these organizations. But outside some correspondence, Oswald had no strong or even significant ties to any of these groups.
Oswald asked the FPCC, an outfit out of New York that was critical of American involvement in Cuba, to give him a charter. He was denied because the NY office could not justify one in a city (New Orleans) that had so few members and that was so hostile. Oswald pretended that he had a charter and distributed handbills. He was arrested for disturbing the peace for getting into a scuffle with anti-Castro Cubans who he had contacted previously. He had told them he was also anti-Castro in an effort to get right-wing information. He told the arresting officer there were 35 members. He got noticed and was on a radio show. The address on the handbill said, “FPCC, 544 Camp St,” but Oswald never had an office there. Only the alias A.J. Hidell was listed as a member. Oswald paid 2 guys to help him distribute handbills one day but they were not part of the FPCC nor did they support that cause.
Oswald may have attended some right-wing rallies but there is no evidence he was part of an anti-Castro group that was hostile to Kennedy. The black bordered advertisement that appeared in the Dallas Morning News was sponsored by Bernard Weissman who did not know Lee Harvey Oswald. His organization planned protests but no assassination. The businesses that backed Weissman’s American Fact Finding Committee each got to ask one critical question of Kennedy. Mark Lane testified that he had a source that J.D. Tippit, Weissman and Jack Ruby had had a meeting. Lane refused to reveal his source so the WC is satisfied this meeting did not take place.
The “Wanted for Treason” handbill that depicted Kennedy in a mug shot were distributed by agents affiliated with General Walker (p. 298). These men were Robert Surrey and Robert Klause.
Contacts with the Cuban and Soviet Embassies in Mexico City and the Soviet Embassy in Washington, D.C.
The WC has investigated the possibility that Oswald was an agent of a foreign power. He traveled to Mexico 8 weeks before the shooting and talked to the Soviet and Cuban embassies there. Oswald was in Mexico from September 26 to October 3, 1963. By going to Mexico, he could get access to Cuba. He demanded that he get an in-transit visa from Cuba to the USSR. His repeated demands made him unpopular. This resulted in an argument with Eusebio Azque, the consul. This evidence came from Silvia Duran.
Duran and her husband are Castro-sympathizers. But her testimony is corroborated by documents that Oswald filled out and by “confidential sources of extremely high reliability to the United States in Mexico” (p. 305).
People saw Lee Harvey Oswald on a bus that was heading to Mexico. Two girls saw him sitting next to Albert Osborne, a preacher. Osborne denies that Oswald sat next to him but the WC had deemed Osborne to be unreliable.
Stories and rumors that Oswald was mixed up with anti-Castro gunner runners were without factual basis. So were rumors that he was in Miami.
Oswald wrote a letter to the Russian embassy in D.C. on November 9, 1963. In it, he relates how he talked with comrade “Kostin” who the WC has identified as Kostikov, a member of the Russian consular staff in Mexico.
Investigation of Other Activities
Oswald used aliases and post office boxes, both of which lend themselves to clandestine activities. All three boxes he rented were rented under his real name but received his guns there under his alias, A.J. Hidell. At Jaggars-Chile-Stovall, Oswald learned about photography and was able to make fake identifications. Oswald used these aliases in many instances but not when making reservations to Mexico.
Irving Sports Shop had a receipt that said that Oswald paid them to put a telescope on his rifle. The Mannlicher-Carcano came with it attached so the WC has investigated the claim that Oswald had 2 rifles. The WC believes that this claim is probably false and even if it is true, it doesn’t remove blame from Oswald for the assassination.
Some witnesses believe they saw Oswald at a rifle range, practicing his shooting. The WC is not convinced, however, because there was not enough corroborating evidence or Oswald was known to have been in Mexico at that time.
Albert Guy Bogard was a car salesman. He says that Oswald test drove a car on November 9th. An assistant manager also remembers this but the WC has rejected it because they disagree on important details like: one says Oswald asked for credit and the other said Oswald would pay with cash; one says Oswald made a crack about moving back to Russia and the other never heard Oswald say this.
Sylvia Odio, a Cuban who moved after Castro came to power, said that she met Oswald in September of ’63. These three men were anti-Castro Cubans and an American named Leon Oswald. Oswald told her that he was very interested in the Cuban cause. Odio said that one of the Cubans called the next day and said that he was going to introduce Oswald into the underground movement because he was in the Marines, was a good shot and was kind of nuts. The WC has concluded that Odio is wrong because Oswald was in Mexico or on his way to Mexico during this time.
The testimony of Orest Pena and Evaristo Rodriguez was considered by the WC. Their story would corroborate Odio’s because they saw Oswald with a Latino. Upon further questioning, however, the FBI was convinced that these men were mistaken.
Dean Andrews said that Oswald contacted him about upgrading his Marine discharge. He also said that he was contacted on November 23, 1963 to represent Oswald. Andrews said that Oswald was always in the company of a Mexican and sometimes with homosexuals. One of Andrews’ employees saw Oswald but his secretary never did. Andrews was under heavy sedation on the 23rd.
Oswald was not an Agent of the U.S. Government
Marguerite Oswald said that Lee had returned from Russia as an American agent. She said she visited a State Department representative in ’61 to reach her son and he said that Lee Harvey Oswald was his agent. The CIA has said that Oswald was definitely not an agent. Hoover said that Oswald was not an informant.
Oswald’s Finances
Oswald was frugal with his money. He received no illicit funds during the several months and years leading up to the Kennedy assassination. When Lee Harvey Oswald was not working, they relied on friends and family for security. They would even sleep in the YMCA.
Possible Conspiracy involving Jack Ruby
The WC has investigated the allegations that Ruby was part of a conspiracy to kill Oswald to order to keep him quiet.
Ruby’s Activities from November 21 to November 24, 1963
Ruby owned 2 bars, the Vegas Club and the Carousel Club. Larry Crafard was his handyman who lived at the Carousel. Earlier in the day on the 21st, Ruby talked to ADA William Alexander about some NSF checks a friend had cashed. John Newnam was an advertising agent for the Dallas Morning News. He was with Ruby at the paper when the news of the shooting was broadcast. Ruby was complaining about the “Welcome Mr. President” ad that appeared in the paper that day.
Seth Kantor, a newsman, saw Ruby in Parkland Hospital. The video tapes show Kantor but none show Ruby. Furthermore, Kantor’s testimony cannot be corroborated with the time he saw Ruby.
Kantor said that Ruby asked him if he should close his places for 3 days because of the assassination.
Ruby told his bartender, Andrew Armstrong, that they would be closed that night. Everyone who saw Ruby during this time say he was unnerved, moody and not in his right mind.
Ruby was on the 3rd floor of the DPD during their press conference. He even corrected Henry Wade who couldn’t remember the Fair Play for Cuba Committee {how did Ruby know that Oswald was part of this group?}. Ruby talked to the Justice of the Peace and to Wade. He then directed Russ Knight, a reporter for KLIF radio.
Ruby talked to Knight at KLIF about a radio script that extolled the virtues of risky business ventures. He then asked Knight for his “views on the script and suggested that there was a group of ‘radicals’ in Dallas which hated President Kennedy and that the owner of [KLIF] should editorialize against this group” (p. 343).
Ruby spent part of the next day talking to one of his dancers, Kay Coleman, and a DPD officer, Harry Olsen. Olsen said they should cut Oswald to ribbons. Olsen left the DPD to marry Coleman (their courtship was a secret). They deny that Olsen said this but confirm that they were upset.
Roy Pryor talked to Ruby. Ruby told him he was on good terms with Wade and that he had corrected Wade on the FPCC point during the press conference.
Ruby took pictures of the “Impeach Earl Warren” billboard. He told George Senator and Crafard that this billboard might be connected with the anti-Kennedy ad in the paper. He said it could be the John Birch Society or the Communists.
Crafard took $5 from the register of the Carousel Club and left for Michigan. It’s possible that Ruby visited Wade and the police on Saturday.
Ruby walked into the Western Union with more than $2,000 on him and his revolver. He sent $25 to his employee, Karen Carlin because she was broke. He walked into the garage and shot Oswald during the transfer.
Ruby and Oswald were not Acquainted
People who saw the shooting on television thought that Oswald expressed a familiarity with Ruby right before Ruby shot him. The WC has investigated this and has determined that this is not the case. Many who thought they had seen Ruby with Oswald were mistaken. Crafard resembled Oswald according to Ruth Paine (she had been shown a picture of Crafard).
Ruby and Oswald lived about a mile apart in the Oak Cliff suburbs. They both lived downtown. They both kept post office boxes in the same post office branch. But the WC believes it is unlikely that they would have met because of their different daily schedules and because Oswald was a recluse.
Bertha Cheek is the sister of Earlene Roberts and used to visit Jack Ruby. But there is no evidence that Earlene visited Ruby or that through her that Oswald visited Ruby.
Marguerite Oswald was shown a picture of a man on November 23rd by the FBI. The FBI agent, Bardwell Odum, asked if the man was familiar to her. After her son was shot, she said the picture was of Ruby. When the WC investigated, Marguerite said that the WC picture was different than the one that the FBI had shown her. The pictures were of the same man but they were edited differently; the FBI was cropped to conceal where the picture was taken. The man in both pictures were the same man but neither was Jack Ruby {okay, but then who was he? Why was the FBI asking questions about him? Why is his name withheld from the WR and why was the picture altered to conceal the background?}.
Ruby’s Background and Associations
The WC has investigated whether Ruby was part of a group that needed Ruby to take the fall for Oswald’s killing. Their conclusion is that Ruby acted alone.
Ruby moved from Chicago in ’47 to Dallas. Ruby’s source of income was his night clubs. He was in debt to his brother Earl and his friend Ralph Paul. He received no large endorsements after his arrest and convictions except for royalties for his story which appeared in a newspaper article.
Ruby was a Democrat. He considered himself a conservative. He supported FDR and JFK. Ruby’s parents were born in Poland in the 1870’s. His father served the Czar in the Russian army in 1893-98. The WC is satisfied that this in no way indicates that Ruby was a communist.
A resident of Muncie, Indiana claimed that a man that resembled Ruby that went by the name Jack Rubenstein was associated with known communists. The “known communists” deny knowing Ruby and deny being communists. There is no other corroboration so the WC is satisfied that this claim is false {Rep. Richard Nixon talked to a Jack Rubenstein in ’47(?) on behalf of the House Un-American Activities Committee. Had Ruby infiltrated the group, a la Garrison’s claim of Oswald?}. On one of these alleged occasions in Muncie, Ruby’s military records show him in the South {was Ruby an agent too? His military career parallels Oswald’s at this point}.
Mark Lane’s assertion that Weissman, Ruby and Tippit knew each other has revealed no corroboration. Ruby and Weissman deny this and Tippit’s widow denies this. But Ruby said he knew Tippit on November 22. But the Tippit he knew was G.M. Tippit not J.D. Tippit.
Ruby tried to sell surplus jeeps to Cuba in January of ’59. This sale was just a possibility. It never came to fruition. Ruby traveled to Havana, Cuba in September of 1959. This trip was purely social, however. Further investigation has revealed no links between Ruby and subversive elements, Cuban or otherwise.
The WC has concluded that Oswald acted alone and that Ruby acted alone.
Chapter 7: Lee Harvey Oswald: Background and Possible Motives
Oswald felt alienated. This alienation led him to defect to the Soviet Union. He left the Soviet Union disillusioned. He had difficulty making relationships. He could not distinguish between Marxism and Communism.
The Early Years
Oswald’s life was shaped by the death of his father when he was 2 months old. His mother had to work to support him, Robert and his half brother John. She put the boys in an orphanage for a period of time. Marguerite lied about Pic’s age so he could join the Marines. Oswald had difficulty adjusting to all the moves his family made and difficulty in making friends.
New York City
In New York, Lee continued to have difficulties in making friends. He also had problems in school. His IQ was tested to be 118 which is in the range of “bright normal intelligence” (p. 381). His probation officer, John Carro, said that Oswald needed to make friends in order to be well-adjusted. He recommended that if the factors in Lee’s environment not improve, that he should be committed to a boy’s home. The other officials who worked with the young Oswald said that he was disturbed but did not make this recommendation. In January of 1954 he moved to New Orleans where Oswald completed the 9th grade. In October of ’56 he joined the USMC.
Return to New Orleans and Joining the Marine Corps
Oswald struggled in the Marines. He drew undue attention to himself by being sloppy. He was court-martialed and sent home 3 months early. He wrote to John Connally, the Secretary of the Navy, to upgrade his discharge. Marina has said that she thought Oswald was shooting at Connally not Kennedy. But if Oswald wanted to shoot at Connally, he could have done it when Connally had less protection.
While in the Marines, Oswald would read a great deal. His sergeant said Oswald could be brainwashed easily but once he had an idea in his head, Oswald was completely committed.
Interest in Marxism
Oswald became interested in Marxism at 15. He read a pamphlet on the Rosenbergs that always stayed with him. He studied Marxism when he was in the Marines. He talked to others about it, including Kerry Thornley, his Marine buddy. Thornley believes that Oswald’s communist conviction was deep and sincere. They had a falling out after reading Orwell’s 1984 and never spoke again. Oswald may have had delusions of grandeur, believing that he was a political prophet and that he had some great historic destiny.
Defection to the Soviet Union
Oswald defected to the USSR almost immediately after being discharged. He said his reasons were political. He thought the answer to his problems would be in Russia. He became disillusioned in Russia, too, however. He was denied citizenship, he disliked the compulsory meetings after work and he perceived political excesses in Russia just as he did in America. He began a dialogue with the U.S. embassy 6 weeks before he met Marina.
Return to the United States
Marina said that Oswald changed as a person when he came to America. He was disillusioned with capitalism and communism. He considered an alternative although this alternative is not discussed here. He anticipated a press conference on his return. He had two sets of answers to the same questions, displaying his guile. He believed the standard of living in America was slightly higher than in Russia and he enjoyed his freedom of speech here. But he thought that medical treatment and public education were better in Russia.
Personal Relationships
Oswald had no friends in Texas when he moved back in ’62. He wasn’t friends with DeMohrenschildt but he respected him. Oswald met him through Peter Gregory, another member of the Russian community in Dallas. Gregory was a petroleum engineer. George Bouhe’s relationship with Oswald was hostile. He got Marina to leave Lee for a couple of weeks. Oswald was estranged from his mother and his brother Robert until the time of his arrest.
Employment
Because of his defection and his interest in communism, Oswald had difficulty in finding work. He also had poor work habits. Through a work commission office, Oswald scored highly in verbal and clerical areas. He said he wanted to work in a writing capacity instead of in industry. He got hired in a photographic firm. He liked it but was fired because he was not precise in his work. He then moved to New Orleans. He was fired from a company where he greased coffee equipment. Due to his communist background, he lost an opportunity for another photographic job. So he moved back to Dallas and worked at the TSBD.
Attack on General Walker
Two weeks before he moved to New Orleans, Oswald shot at General Edwin Walker. The WC has concluded this demonstrates Oswald’s propensity to act dramatically and violently to further his beliefs (p. 404). Oswald wanted a place in history; this is why he had those backyard photos taken. When he got caught, those pictures would be published. This is what he attempted to do with Walker. He compared Walker to Hitler.
Political Activities
Oswald created the New Orleans branch of the FPCC. He distributed handbills in the vicinity of the USS Wasp. He was arrested for getting into a scuffle. He was on a radio show because of this publicity. The Camp Street address was connected to anti-Castro groups in ’62. On the radio show, the host had uncovered Oswald’s defection and brought it up. Stuckey said that Oswald appeared to be logical and intelligent. The head of the Communist Party, U.S.A said he offered to use Oswald’s photo skills from time to time. This meant a lot to Oswald. The head office of FPCC didn’t reply to Oswald’s many correspondences; the director claimed they didn’t get those letters until after the assassination.
Interest in Cuba
Oswald wanted to return to Russia. He decided to return through Cuba. The interest in FPCC and staging his own arrest was Oswald’s advertisement that he was a comrade of the Cuban Revolution. Oswald left for Mexico City on September 25 and arrived on the 27th of ’63. The Cuban embassy would not grant a visa to Russia until Russia granted one and that would take months. Oswald made a spectacle of himself to the point that the employees at the Cuban Consulate remember him. Many of the communist periodicals that Oswald subscribed to were severely critical of Kennedy. Oswald may have believed that he would be welcomed in Cuba if he assassinated Kennedy. But he had access to $170 at the time of the killing but took only $14, leaving the balance with Marina.
Possible Influence of Anti-Kennedy Sentiments in Dallas
Dallas had a very right-wing view and was extremely critical of Kennedy. There is no connection between these groups and Oswald, however. Oswald attended a meeting headed by Walker the day before the attack on Stevenson in Dallas.
Relationship with Wife
Marina said that after his return from Mexico, Oswald treated her better. They spent every weekend except one together until the assassination. Marina didn’t respect Oswald and would provoke him in front of the Russian-speaking community. She ridiculed his performance as a husband in front of the DeMohrenschildts. She belittled his political views. Some of the community called her immature. She learned that he used the alias “O.H. Lee” at his current residence. He told Marina he used it to keep the FBI off his trail; he believed that the FBI was causing him to lose jobs {Oswald was suspicious of the FBI just weeks before the assassination}. The day before the assassination, Marina was mad at Oswald. He went to bed before her. He left before she woke. Frazier and Randle was him leave with a package, not her.
The Unanswered Questions
The WC has no conclusions about why Oswald did it. He couldn’t escape on so little money. Maybe he felt like he didn’t belong anywhere. His behavior after his arrest is unenlightening. He handled himself with composure for the most part but didn’t admit to anything.
Conclusion
Oswald was unhappy with his life. He couldn’t make lasting relationships. He was devoted to Marxism and communism. He attacked Walker, proving his propensity for violence.
Chapter 8: The Protection of the President
Due to the dismaying statistics concerning Presidents being killed or attacked, the WC has inquired into the protection of the President. It is not possible to protect the President completely. The WC will report on the security measures in place on November 22, 1963 and make recommendations for improvements.
The Nature of the Protective Assignment
The nature of our government dictates that the President go to the people. This makes protecting him difficult. On top of that, the President now travels around the world. Protecting the President must be balanced with the need of the people to have contact with the President; thus his protection presents the Secret Service with a conundrum.
Evaluation of the Presidential Protection at the Time of the Assassination of President Kennedy
This section will try to make assessments about how to locate possible threats before a President makes a public appearance.
Intelligence Functions Relating to Presidential Protection at the Time of the Dallas Trip
The Secret Service has attempted to locate threats and deal with them before they can act. This is called the PRS (Protective Research Section). They investigate people who draw bizarre attention to themselves because of letters or behavior in regards to the President or his immediate family. At the time of the assassination, the PRS had a flexible and broad policy with which to deal with possible threats. Oswald was not on their radar map. There were an overwhelming amount of reports that met these criteria but the SS rarely investigated someone unless the need was more profound. The SS’s relationship with other investigatory agencies was only general. The FBI policy explicitly says that threats against President and Vice President are the domain of the SS and the FBI must submit to the SS in this regard. Special agents have testified that the SS has no hard-and-fast rule for dealing with the State Department, CIA et al. For example, the CIA will submit information regarding counterfeiting and smuggling of currency to the SS but not necessarily information about threats when the President travels abroad.
The FBI had information on Oswald but they didn’t give it to the SS. They knew he defected and tried to expatriate himself. He wrote a letter to Secretary of Navy Connally to upgrade his discharge.
Fain and Carter of the FBI interviewed Oswald in ’62. Hosty interviewed Oswald when he learned that Oswald was drinking heavily and beating his wife. He learned that the Oswalds were living on Neely Street (where the backyard photos were taken). After his arrest for disturbing the peace, Oswald demanded to be interviewed by the FBI; Agent Quigley was sent to talk to him. Quigley took a report but realized that Oswald was lying to him about many details. On October 10th, the CIA told the FBI that someone named Oswald was in contact with the Soviet embassy in Mexico. Hosty made contact with Ruth Paine in Irving. She told him Oswald’s address in Oak Cliff. She also said, on a follow-up visit, that Oswald stated that he was a Trotskyite Communist.
Bouck said that he believes that the SS should have taken Oswald more seriously because he was a defector, was discharged for possessing a gun, had contacted the Soviet embassy, and because his work overlooked the President’s motorcade. Bouck also mentioned that no one agency had all this information, unfortunately. Hosty was the agent who briefed the SS about what the FBI knew regarding threats to the President during his Dallas visit. He didn’t consider Lee Harvey Oswald a threat so he didn’t mention him {the same FBI agent is doing all this dirty work? It seems that if they wanted to coerce someone to testify accordingly, Hosty was the agent}. J. Edgar Hoover defended Hosty’s decisions.
The WC has concluded that the FBI had too restrictive a view of its responsibilities. It also concluded that the SS needs to improve its inter-agency relationships.
Other Protective Measures and other Aspects of Secret Service Performance
The WC is satisfied with many of the procedures that the SS follows. However, there are still some shortcomings. The WC is satisfied with the parade route. But the WC is unsatisfied with the procedures of the SS’s advance men. Lawson said it was not the practice of the SS to inspect buildings or to have others inspect them on behalf of security measures for the President.
The SS had requested 600 DPD officers. The relationship with the DPD was almost “informal” (p. 446) and the WC is critical of this nature. Assistant Chief of Police Batchelor noted a lack of direction from the SS as to what was expected of the DPD. The SS never checked buildings except on inaugurations. Kennedy mentioned a sniper shooting as a possibility that morning. The SS depended on the local police to look at the buildings. Some DPD have testified that they were not told explicitly to scan the buildings for snipers.
Some SS men were drinking the night before the assassination. Their testimony is that they were not intoxicated. This is a violation of the SS policy but these men were not terminated because the SS didn’t want people to draw the conclusion that their dereliction in this regard was the principal source for Kennedy’s assassination.
The WC is satisfied with the SS’s performance during the motorcade and during the assassination sequence.
Recommendations
The WC has concluded that substantial improvements are needed to protect the President.
Assassination a Federal Crime
Murder of a federal agent is a federal crime but not a President. The WC offers this change as a recommendation. The SS should be allowed to arrest without warrants those who are a threat to the President. Making this a federal crime would allow the FBI to handle the situation and prevent embarrassments.
Committee of Cabinet Members
Overview of the President’s protection should be conducted by the Attorney General or the Secretary of the Treasury.
Responsibilities of Presidential Protection
The SS was never meant to be a protector of the President. They were chosen by accident during the Cleveland administration because they were nearby and conducting an unrelated investigation. They were also the only agency to have federal arrest power.
The WC has concluded that the FBI and the SS need to expand their definitions of threats to the President. Also, the SS is underpaid and overworked. The overall recommendations will follow.
General Supervision of the Secret Service
The WC believes that the SS should follow its procedures concerning the behavior of its agents. It should broaden its perspective in the planning and control of Presidential security. It needs to improve its procedures concerning its advance men.
Preventive Intelligence
The SS has begun a complete overhaul of its PRS and an upgrading of its technology. It has increased its workforce also. The SS has broadened its definition of possible threats to the President to include anyone who has displayed subversive or extreme political views. Even so, the WC agrees that this would not indicate that Oswald would kill Kennedy. There are no criteria to determine that Guiteau, Czolgosz, Schrank and Zangara would kill the President.
The SS must improve its relationship with state and federal police agencies. The SS will not duplicate their intelligence efforts, only receive pertinent information. The PRS will have liaison officers that work with these other agencies. The data processing of the SS before the assassination was abysmal. This will be changed. In addition to this, the PRS will hire new staff members.
Liaison with Local Law Enforcement Agencies
The SS handles local law enforcement details informally. This should change.
Inspection of Buildings
The SS has looked into new techniques to scan buildings and determine which ones are higher risk than others.
Secret Service Personnel and Facilities
The SS is under paid compared to metro police. Their case load is substantially higher, too. They use outdated equipment. The WC recommends higher budgets in the future for the SS.
Manpower and Technical Assistance form other Agencies
The FBI and the Treasury have offered assistance to the SS. The SS can “borrow” personnel from other agencies. The WC highly recommends this because it’s efficient and because it symbolizes that the SS cannot and is not the sole protection afforded the President. To gain expertise in its equipment, the SS should use experts from other law enforcement offices.
Conclusion
The WC cannot say that its recommendations will protect the President against all attacks. But it does believe that these practices will substantially improve the existing procedures.
Appendix 1
The Executive Order that formed the WC
Appendix 2
The letter stating who was going to comprise the WC and why they were chosen
Appendix 3
Joint Resolution that gives all the powers to the WC that it needs (subpoenas, etc)
Appendix 4: Biographical Information and Acknowledgments
Members of the Commission
Earl Warren is Chief Justice of the United States. Richard Russell was a Senator from Georgia. John Sherman Cooper was a Senator from Kentucky. Hale Boggs was a Representative from Louisiana. Gerald Ford was a Representative from Michigan. Allen Dulles was former DCI. John McCloy was assistant Secretary of War and former president of the World Bank.
General Counsel
J. Lee Rankin was Solicitor General.
Assistant Counsel
Francis Adams was a police commissioner in New York City. Joseph Ball has a law practice in Santa Ana, California. David Belin has a law practice in Des Moines, Iowa. William Coleman was judge for the Court of Appeals. Melvin Eisenberg has a law practice in New York. Burt Griffin has a law practice in Cleveland, Ohio. Leon Hubert has a law office in New Orleans, LA. Albert Jenner was a law professor at Northwestern. Wesley Liebeler has a law practice in New York. Norman Redlich was a law professor at New York University. W. David Slawson practiced law in Denver, CO. Arlen Specter practiced law in Philadelpia, PA. Samuel Stern was a clerk for Earl Warren. Howard Willens worked in the Department of Justice.
Staff Members
Pages 479 to 482 list staff members and acknowledgements.
Appendix 5: List of Witness
Pages 483 to 500 have a list of all the witnesses whose testimony was taken during the creation of the WR. This list has an index which tells which volume of the WR one can find their testimony and what kind of testimony they gave: deposition, hearing etc.
Appendix 6: Commission Procedures for the Taking of Testimony
Resolution Governing Questioning of Witnesses by Members of the Commission Staff
This appendix lists, in legal jargon, the powers the WC has. For example, it can administer oaths and affirmations; the witness has the right to counsel and so on.
Resolution
This section is similar as the one above. For example: one or more WC members must be present at any hearings.
Appendix 7: A Brief History of Presidential Protection
There have been 4 assassinations. Also, there have been numerous attacks. The need to continuously protect the President was not implemented until after McKinley was killed. To understand the current nature of Presidential protection, it is helpful to understand its history.
Before the Civil War
There was no Presidential protection during this era. Many Presidents would stroll around alone at night through the streets of D.C. Richard Lawrence shot at Andrew Jackson but his both his pistols misfired. This attack did not change the protection procedures.
Lincoln
Lincoln was threatened by many plots. The soldiers took unprecedented precautions by lining the streets during his inauguration. Lincoln’s protection varied greatly, proving that no firm program was in place. During his visit to the Ford Theatre, Lincoln’s bodyguard left his post to go to a tavern. John Wilkes Booth had his opening and shot Lincoln. Congress conducted an investigation but was hesitant to act decisively.
The Need for Protection Further Demonstrated
After Lincoln, Presidents still did not have full protection. Metro police and soldiers would guard him but not around the clock. Charles Guiteau killed Garfield. He felt that his unsolicited (and illusory) efforts to get Garfield elected were unrewarded. Guiteau was part of the Stalwart wing of Republicans. He was a lawyer, theologian and politician. At trial, he said “the Deity” wanted him to kill the President. He was part of no conspiracy. “He made his attack on the President under circumstances where escape after the shooting was inconceivable” (p. 507).
In 1865 the Secret Service was created to stop counterfeiting. It was used to protect the President as a stopgap because they had federal jurisdiction. During the Spanish-American War, the SS was on duty around the clock to protect McKinley. Between 1894 and 1900, anarchists assassinated the Empress of Austria, the President of France, the Premier of Spain and the King of Italy. Due to the sweeping police action that Europe took after this wave of assassinations, the SS predicted that anarchists would come to the U.S. In 1901, McKinley was killed by an anarchist who was a son of Polish immigrants. Leon Czolgosz killed McKinley while the President was being guarded. He was immediately apprehended and quickly convicted. He had no co-plotters.
Development of Presidential Protection
In 36 years, 3 Presidents had been killed. Congress still did not pass any bills that would strictly protect the President. The SS became the President’s bodyguard. Teddy Roosevelt became the first President to be so protected full-time. He was himself the victim of an assassination attempt in 1912. He was saved by a metal case that held his glasses; the bullet hit the case and lost much of its energy. The assassin, John N. Schrank, was a German-born immigrant. He said that the ghost of McKinley confided in him that Roosevelt was McKinley’s murderer. So the ghost commanded Schrank to kill Roosevelt. Schrank was found to be insane and spent the rest of his life in institutions.
In 1908, the SS began protecting the President elect as well. In 1917, due to the Spanish-American War and World War I, Congress passed legislation that said the SS would protect the President’s immediate family too.
In 1933, Giuseppe Zangara, an Italian immigrant, wanted to kill Herbert Hoover but didn’t want to go to D.C. to do it. So when FDR came to Miami, he tried to kill Roosevelt. He fired several times but his arm was snagged on something. He missed FDR completely but killed Anton Cermak, the Mayor of Chicago. There were rumors that Zangara was a hit man for Chicago mobsters and this is why he killed the mayor but there is no evidence to support this. “Zangara, of course, never had any chance of escaping” (p. 512). {According to some sources Zangara was insane}.
In 1950, Puerto Rican Nationals tried to kill Truman. The SS prevented the 2 assassins from ever firing a shot. Truman authorized the SS to protect the Vice President too. Although the 2 assassins were part of the PR Nationalist movement, the government couldn’t prove a greater conspiracy was involved beyond Collazo and Torresola.
In 1962, the SS began to protect the Vice President elect and former Presidents after they left office. The protection of former Presidents lasts for a period of 6 months.
The FBI was created in 1908 as a branch of the Department of Justice. It grew by the 20’s to be the largest and best equipped investigatory agency in America. It never assumed the protection of the President or VP except in ’32 and ’33 when Charles Curtis asked to be so protected.
In 1963, the SS’s major functions were to combat counterfeiting, protect the President and his immediate family, the Vice President and his immediate family, the President and Vice President elect, and former Presidents.
Appendix 8: Medical Reports from Doctors at Parkland Memorial Hospital, Dallas, Texas
Pages 516 to 537 contain notes that the doctors made regarding the President and Connally. Some are facsimiles of their notes and some are completely illegible.
Appendix 9: Autopsy Report and Supplemental Report
Pages 538 to 546 are the autopsy notes. Some are facsimiles but all are legible.
Appendix 10: Expert Testimony
Firearms and Firearms Identification
There were 3 firearms experts that gave testimony to the WC. Frazier and Cunningham were from the FBI; Nicol was from the University of Illinois. Frazier testified about the rifle and cartridges; Cunningham testified about the paraffin test and the revolver; Nicol testified about all the bullets and the paraffin test.
General Principles
The rifling characteristics are left on the rounds and cartridges. There is also microscopic evidence that is unique to every rifle specimen. This is due to the machining of the individual parts. Frazier testified that he examined the Mannlicher-Carcano rifle and the cartridges.
Rifle Cartridge and Cartridge Cases
The rifle had a Western Cartridge Co. bullet in it when it was found. These bullets are very reliable—they rarely misfire. Three similar empty cartridges were found on the floor. The location of the bullets is consistent with the ejection characteristics of Mannlicher-Carcano rifles.
The Rifle Bullets
A full bullet was found on a stretcher in Parkland Hospital. It weighed 158.6 grains; typically these rounds weigh 161 to 162 grains when unfired. Fragments were also found in Connally and the limo. These fragments came from another shot.
The Revolver
Oswald’s pistol was a .38 Special S&W.
Revolver Cartridges and Cartridge Cases
When Oswald was arrested, he had 3 rounds in his .38. He also had several bullets in his pocket. Four cartridges were found near Tippit.
Revolver Bullets
Four bullets were found in Tippit. Cunningham identified 1 as being from Oswald’s revolver and said the other 3 could have come from Oswald. The bullets had the same rifling as his revolver but no microscopic corroboration could be found. Of the four bullets that were removed, 3 were Western-Winchester and 1 was Remington-Peters. Of the 4 cartridges, 2 were Western and 2 were Remington.
The Struggle for the Revolver
Officer McDonald arrested Oswald. He heard the gun misfire during his struggle with Lee Harvey Oswald.
The Paraffin Test
Oswald’s hands and right cheek were given paraffin tests. His hands tested positive and his cheek tested negative. The WC says that the paraffin tests are unreliable and no weight is given to these tests.
The Walker Bullet
The bullet removed from Walker’s house had the same rifling characteristics as the Mannlicher-Carcano and was of the same manufacturer. But Nicol said that a positive identification could not be made.
Fingerprints and Palmprints
Two experts gave testimony about the fingerprints and palmprints that were found. One was Latona, an FBI man. The other, Mandella, was with the NYPD.
General Principles
Prints are made by ridges which are on the surface of the fingers and palms. They appear at before birth and no two are identical.
The prints taken by police are ink prints because the person’s fingers are placed in ink. Palm prints are just as informative as fingerprints but since people handle things with their fingers more often, not many people know about palmprints. The identification of prints is somewhat subjective. A latent print is created by perspiration. It can be seen by powder or by using the proper light. Powder is effective only on non-absorbent materials.
Objects in the Texas School Book Depository Building
Many objects in the TSBD were tested. The brown paper bag had Oswald’s palm and fingerprints on it. The wood and the metal of the rifle were absorbent so good prints couldn’t be had. The DPD did find some ridges on it using powder. Oswald’s palmprint was on it. Some of the cartons had Oswald’s prints on them. No prints were found on the cartridges or cases.
Questioned Documents
Two experts examined documents to establish whether they had Oswald’s handwriting. These experts were Cole from the Treasury Department and Cadigan from the FBI. They examined, among other things, the money orders to buy the guns, the mail orders and some envelops.
The Mail Order for the C2766 Rifle, the Related Envelop, and the Money Order
The handwriting on the mail order and envelop were identical to Oswald’s.
Mail Order for the V510210 Revolver
This handwriting was also Oswald’s.
Post Office Box Applications and Change-of-Address Card
These documents were also Oswald’s, including the A.J. Hidell part.
The Spurious Selective Service System Notice of Classification and U.S. Marine Corps Certificate of Service
These documents were counterfeits that Oswald had made.
The Hidell Notice of Classification
Oswald made this in a 2-step process which involved an intermediate negative. The experts were able to make the link between these documents and those which were legitimate documents of Lee Harvey Oswald. Many traces of counterfeiting could be detected and are described on pages 572 to 576.
The Hidell Certificate of Service
A similar conclusion was drawn about this document on pages 576 and 577.
The Vaccination Certificate
This document also was forged. The doctor, Dr. Hidell, was fictitious.
The Fair Play for Cuba Committee Card
This card had 2 different signatures on it. One, according to Cole, was made by Marina. She admitted that this was the case.
The Unsigned Russian-Language Note
This note was written by Oswald also.
The Homemade Wrapping Paper Bag
This paper probably came from the TSBD which uses this same type of paper. Without watermarks it is impossible to determine. The tape also came from the TSBD. Cadigan tested these papers and found that they were similar in many characteristics. The edges of the tape suggest that they were from the TSBD also.
Wound Ballistics Experiments
Purpose of the Tests
Questions arose as to whether the Mannlicher-Carcano could have killed Kennedy and wounded Connally. The WC set up some tests to find out.
The Testers and Their Qualifications
The tests were conducted at Edgewood Arsenal, MD. The experts were Dr. Olivier, Dr. Dziemian and Dr. Light. Olivier was a veterinarian. Dziemian is a biophysicist. Dr. Light is a physician.
General Testing Conditions
The WC gave the experts all the facts concerning the nature of the wounds, the rifle in question, and the Zapruder film.
Tests on Penetration Power and Bullet Stability
The Mannlicher-Carcano has much better penetrative power than the NATO M-80 or the M-14.
Tests Simulating the President’s Neck Wound
The experts set up gelatin models to simulate human tissue. Their conclusion was that the bullet lost little energy going through Kennedy’s neck.
Tests Simulating Governing Connally’s Chest Wounds
The experts shot an animal to simulate Connally’s wounds. One of the shots produced a very similar wound. Other differences in the tests are attributed to Connally’s girth versus that of the goat cadaver.
Tests Simulating Governor Connally’s Wrist Wounds
Connally’s wrist was probably wounded by a bullet not a fragment. His wrist was not hit by a pristine bullet because his wrist was not as badly injured. This means that the same bullet that hit him in the chest hit his wrist.
Conclusions from Simulating the Neck, Chest and Wrist Wounds
Olivier and Dziemian both said that 1 bullet caused all those wounds. This same bullet most likely hit Kennedy’s neck as well. Light said that he anatomical findings were inconclusive but based on other evidence like the relative position of the President and Governor, it was probable that the same bullet did all the wounds.
Tests Simulating President Kennedy’s Head Wound
Using inert skulls and gelatin, the experts conducted tests concerning Kennedy’s head wound. They determined that Kennedy was killed from the rear at a distance of 265.3 feet. Dr. Olivier thought that the Western bullets would make small entry and exit wounds but the tests showed otherwise.
Hairs and Fibers
Stombaugh of the FBI conducted hair and fiber tests. He tested fibers on the bag and the blanket in the Paine’s garage.
General Principles
Hair is not unique but an expert can often make distinctions. Fibers, like hair, can be distinguished under a microscope. Hair and fiber samples confirm that the blanket was used by Oswald. Fibers were found on the rifle. Stombaugh said that these fibers could have come from Oswald’s shirt.
Photographs
Shaneyfelt was the FBI man who investigated the backyard photos. The lighting in the 2 photos was identical. His findings were that the Mannlicher-Carcano rifle found on the 6th floor of the TSBD was the same as the rifle held by Oswald in the backyard photos. The microscopic aperture characteristics are unique to every camera. The Imperial Reflex camera in Oswald’s possession was determined to be the camera used to take the backyard photos. Shaneyfelt testified that the 2 photos were not composites. To make composites and have the negatives that were found would have been very difficult.
Appendix 11: Reports Relating to the Interrogation of Lee Harvey Oswald at the Dallas Police Department
Lee Harvey Oswald was interrogated for 12 hours during his 48 hour stay in the DPD. No stenographic or tape recordings were taken. This section puts forth the testimony of some individuals concerning their interviews with Oswald.
Report of Capt. J.W. Fritz, Dallas Police Department
Pages 599 to 611 are facsimiles of Fritz’s report.
Reports of Agents of the Federal Bureau of Investigation
Pages 612 to 625 are facsimiles of FBI reports concerning their interviews with Lee Harvey Oswald.
Reports of Inspector Thomas J. Kelley U.S. Secret Service
Pages 626 to 632 are facsimiles of SS reports concerning their interviews with Lee Harvey Oswald.
Report of Postal Inspector H.D. Holmes
Pages 633 to 636 are facsimiles of Holmes’ report of his interview. He interrogated Lee Harvey Oswald the morning Oswald was killed.
Appendix 12: Rumors and Speculations
Myths of conspiracy always arise from the great assassinations of history. This is especially true in the JFK case because Oswald himself was killed. The WC has reconstructed the events and has come to the conclusion that there was no domestic or foreign conspiracy. Oswald was not associated with Ruby in any way except as his victim. Many of the witnesses were not in agreement with each other as to what happened. The press released information that was not verified or was later refuted.
In addition to this, some people claimed that they had seen Ruby and Oswald together. Others had witnessed significant events that no one else had. The WC has investigated all these leads. Their efforts have been handicapped by those witnesses who sold their stories to media outlets.
The Source of the Shots
Some witnesses maintain that some of the shots came from the railroad overpass or the triple overpass. The shots that hit JFK came from the rear, not the front. The overpass was guarded. No rifle cartridge was found near there. Some speculation exists that a cop raced “up the grassy embankment to the right of the shooting scene pursuing a couple seeking to flee from the overpass. Commission Finding.—There are no witnesses who have ever stated this and there is no evidence to support the claim” (p. 640). Officer Haygood did dismount from his bike but saw no one. He also stated that the shots came from the TSBD.
The weight of the evidence states that there were 3 bullets fired and all shots came from the rear. There was speculation by the doctors at Parkland that the shots came from the front but the autopsy refutes this.
The Assassin
There were speculations that Lee Harvey Oswald couldn’t have known about the parade route ahead of time or that he couldn’t have had a rifle on him at that time. Some believe that Oswald was in the lunchroom because Marion Baker saw him there. The WC has dealt with these theories. The motorcade parade route was published a couple days in advance. The WC is satisfied that the route taken was logical and that the route did not undergo last minute changes. Oswald did not need curtain rods for his room; his landlady stated that his room already had them. None of Oswald’s coworkers can give him an alibi. No photographic evidence contradicts this.
Oswald was qualified as a marksman and a sharpshooter in the USMC and had the President’s limo provided a slow moving target. Constable Weitzman was mistaken when he said the rifle was a Mauser. No other weapon was discovered. Oswald did not wipe the weapon clean; the prints were absorbed by the rifle. Marina admits that her husband owned the murder weapons and that she took the backyard photos. The discrepancies in the published backyard photos are not due to them being composites. It is because the news magazines touched up the pictures.
Oswald was able to move from the 6th floor of the TSBD to the 2nd floor in 70 to 90 seconds without being out of breath in spite of the elevators being out of service. Tests were conducted to prove this. The TSBD was not secured by the police until several minutes later, giving Lee Harvey Oswald plenty of time to escape.
Oswald’s Movements between 12:33 and 1:15 P.M.
Some of the theories state that Oswald couldn’t have moved from the TSBD to the outskirts of Dallas in the proscribed time. Careful reenactments prove that these theories wrong. During his interrogations, Oswald admitted that he took a bus and a cab. The description of the suspect that went over the police radio was generally similar to Oswald but lacked such details as color of hair and eyes. The information came from Howard Brennan.
Oswald was not stopped by police on his way out of the TSBD. The cab driver acknowledges that he picked up Oswald at the correct time. The bus driver admits that he picked him up. Since Oswald didn’t know Ruby, he was certainly not going to see him.
Murder of Tippit
There are some speculations that Tippit was not at the given location at the time of his murder, that he knew his assailant and that witnesses could not ID Oswald. The WC has found that these are wrong. Tippit was driving alone, per Dallas PD rules for daylight patrolmen. He was ordered to patrol that section of Oak Cliff. Other cops were in that area too {Warren Reynolds, presumably, although his name is not mentioned as a cop in any testimony that is put forth in the official WR}. Tippit obeyed all regulations during the time leading up to his death. Tippit did not know Oswald. Mrs. Markham, a witness, was mistaken about the time that the shooting occurred. She positively identified Oswald at the line-up. Six witnesses saw Oswald’s flight from the scene. Oswald’s jacket was dropped on the ground as he ran away. People saw him enter the Texas Theater where he was arrested and a revolver was found on his body. A witness saw him draw the gun and attempt to use it on the arresting officers.
Oswald after his arrest
Theories arose that Oswald was mistreated by the police. Other theories insinuate that Wade or the cops framed Oswald. All these theories are baseless. Oswald drew his gun and police used appropriate force to subdue him. He was properly and timely charged with the killing of JFK and Tippit. Oswald was given access to the phone to contact an attorney. He was visited by the president of the Dallas Bar; he refused Mr. Nichols’ offer for legal counsel.
Oswald in the Soviet Union
Because he was in the USSR for two and half years, Oswald was the subject of theories that he was an agent of Russia. These theories are unfounded. Oswald’s fascination with Marxism was not well known to his fellow Marines. Oswald taught himself Russian; it was not part of his Marine training. Oswald was frugal with his money and could easily have saved enough to make the trip. There is no evidence that Oswald was a Russian agent or in contact with the Russian government during his return to the U.S. Oswald’s treatment in Russia was consistent with
Soviet policy to favor foreign visitors. There is no evidence that an assassin school exists in Minsk or that Oswald was affiliated with such a school. Marina’s uncle was a low ranking official, not a member of Soviet intelligence. The Oswalds received no favorable treatment from the Soviet or the U.S. immigration agencies.
Oswald’s Trip to Mexico City
Oswald’s trip to Mexico just two months before the assassination has provoked speculation that the assassination was part of an international conspiracy. There are rumors that he received money for the assassination and that he planned an escape through Cuba. The State Department treated Oswald routinely. Oswald’s previous defection did not warrant sanctions via the Walter-McCarran Act. Oswald was frugal with his money and could finance the trip. He traveled alone. Oswald never met with Castro and Castro’s reference to Oswald was simply that Oswald went to the Cuban Consulate in Mexico City.
Oswald and U.S. Government Agencies
Due to his traveling to the Soviet Union, Oswald was believed to have been an agent of the American government, working clandestinely. For example, it was suggested that he was a CIA member. Due to an FBI agent’s information being in Oswald’s notebook, speculation has arisen that Oswald was an informant for Bureau. The WC has concluded that aside from his duties as a U.S. Marine, Oswald was never an agent or informer for any agency in the United States. Marguerite Oswald had always stated that her son was such an agent but could never prove it. Miss Pauline Bates denied that Oswald had told her that he was working for the State Department {Note: John Dulles, Allen’s brother, was the Secretary of State during this time}. Bates said that she assumed that Oswald was a State Department agent because he had said that the State Department told him that he would “be on his own” while in Russia.
The FBI has never tried to recruit Oswald. Hosty’s information was in Oswald’s notebook because Hosty had interviewed Oswald concerning his defection and reentry into America. The FBI never harassed Oswald or inhibited his efforts to obtain employment. There was no indication that Oswald was a threat or that he owned a rifle. The FBI last attempted to interview Oswald on November 1st and 5th; they talked to Ruth Paine because Oswald was in Dallas.
Conspiratorial Relationships
Many rumors surfaced that connected Oswald, Ruby, Weissman and Walker. The WC was unable to find any links between Oswald and Ruby directly or through others. Ruby and Oswald lived 1.3 miles from each other. They lived about 7 miles from Tippit. Oswald was able to pay off the State Department load through his various jobs. The WC cannot discern any look of recognition on Oswald’s face as Ruby stepped out and shot him. A German newspaper printed that Ruby and Oswald tried to kill Walker; the WC has been reliably informed that this is a fabrication of the editor. People who saw Ruby and Oswald together at the Carousel Club had caught only glimpses of Oswald. Ruby, Weissman and Tippit did not know each other. “There is no credible evidence that Jack Ruby was active in the criminal underworld” (p. 663).
A rumor surfaced that Warren Reynolds, who had witnessed the shooting of Tippit, may have been involved in the plot. This is because he was shot in January of 64 before given the chance to describe Tippit’s slayer. Betty (Nancy Jane Mooney) MacDonald alleges that she got Reynolds’s killer (Darrell Wayne Garner) off the hook. She was later arrested for disturbing the peace and killed herself in jail. The WC has found that MacDonald was lying when she said she worked for Ruby and that there is no connection between the Reynolds shooting and the Tippit/Kennedy shootings.
Other Rumors and Speculations
The rest of these rumors deal with peripheral events. The WC’s findings are set forth below.
Oswald was not responsible for Marine Private Schrand’s death; his death was accidental. The TSBD was not a government job but a private enterprise. There was no special police surveillance of people by the DPD. Oswald may or may not have been at a rifle range in the weeks leading up to the assassination. Marina was given SS protection but was never incarcerated; she could decline their protection at any time. Helen Markham’s son, Edward, was arrested for burglary-related charges which were unconnected to the Kennedy shooting. The Army’s preparations for a State funeral the week before Kennedy was shot were not in preparation for Kennedy’s death but for Hoover’s; Herbert Hoover was in bad health.
Appendix 13: Biography of Lee Harvey Oswald
Early Years
Oswald’s mother, Marguerite Claverie, was born in New Orleans in 1907. She married Edward John Pic in ’29. They were separated in ’31. She married Robert Edward Lee Oswald in ’33. He died 2 months before Lee Harvey Oswald was born. Marguerite would put her 3 boys in Lutheran orphanage for a time. The family moved around a lot. She met Edwin Ekdahl and wanted to marry him. Lee had a father figure. Their marriage was not a success. Marguerite found out that Edwin was living a double life.
People who knew Lee said he had difficulty making friends and that he enjoyed being by himself. His grades showed promise at times but were mediocre more often than not. This may be due to the fact that he moved around the country so much.
All the Oswald boys joined the Marines. Lee got along with his brothers fairly well considering the age difference.
At a youth home, Lee was required to take psychological treatment because he was maladjusted and was chronically truant. He completed the 7th grade with low but passing grades. Lee expressed an interest in mechanical drawings and biology.
He was in the Civil Air Patrol in New Orleans. It was in 9th grade he became interested in Communist literature. He dropped out of school right before he turned 16. He tried to enter the Marines early. His brother John had because his mom lied about his age. She did the same for Lee but the Marines didn’t believe Oswald was 17. Lee wrote a letter to the Socialist Party of America.
Marines
Oswald joined the Marines on October 26, 1956. He qualified as a marksman and sharpshooter in his rifle tests. During his tenure in the Marines, Lee Harvey Oswald kept to himself. He didn’t take road trips with his fellow Marines and he didn’t play cards with them.
On October 27, 1957 Oswald’s derringer fell out of his foot locker and discharged. He was court-martialed on April 29, 1958. He was demoted to private and confined at hard labor for 20 days.
Most people who knew Oswald also knew he liked things that were Russian. They nicknamed him “Oswaldskovich”. He listened to Russian classical music, read Russian literature and called people “comrade.” This Russophilia included an interest in Soviet political philosophy. This fact was not as well known to his fellow Marines but when it surfaced, it led to heated debates. Donovan thought that Oswald was interested in foreign affairs. He said that he believed that Oswald was “very well versed, at least on the superficial facts of a given foreign affair” (p. 686). He said that he believed that Oswald subscribed to a Russian newspaper in order to teach himself Russian and to obtain a different view on foreign affairs.
Private Thornley said he knew Oswald quite well but wasn’t friends with him. He said that Oswald definitely believed in Marxism. Oswald read “Das Kapital”, and George Orwell. Oswald’s Marine conduct and proficiency tests were poor.
He applied to the Albert Schweitzer School in the hopes of attending after the Marines. He was accepted but there is reason to doubt Oswald’s truthfulness in his application for admission. He was discharged because his mother was sick.
Soviet Union
He applied for a passport on the day he was discharged. Six days later, he left for Europe. He wrote his mother and said his views were different than hers and his brother’s. He arrived in France. From there, he went to Britain, then Finland, and then Russia.
Much of Oswald’s life has been ascertained from his diary. He was interviewed by what was probably KGB member. This was done to determine if Oswald was a danger to the Soviet Union. His visa was revoked and he had to leave Russia in 2 hours. He attempted suicide. He was hospitalized and placed in a psych ward.
He went to the Pass and Registration office. They asked if he still wanted to be a Russia citizen. He said yes. He went to the American Embassy and tried to dissolve his citizenship. He denounced the U.S. and praised the Soviet Union. Snyder, the consulate official, did not honor Oswald’s request. He said he believes Oswald was sincere but under emotional duress. He later wrote a letter to the embassy to have his citizenship revoked. Oswald’s appearance in the embassy was reported in the papers. His family was him there and wanted to contact him. He received a letter from Robert during this time period.
He was interviewed by Pricilla Johnson of the North American Newspaper Alliance. She thought that his understanding of philosophy was very superficial. He told her that he would never set foot in the embassy again because they would give him the run around.
He went to Minsk on January 7, 1960. He worked for a radio/television factory. His pay was for piecework. He received average wages for that type of work. His income was supplemented by the Red Cross which supplements foreigners to impress them with Russia’s standard of living.
He called himself Alec instead of Lee because the Russians had a hard time pronouncing his name {Alec: Alek Hidell?}.
While in Russia, he became disillusioned with communism. No one liked the compulsory meetings. The Communist Party members had things better than the commoners.
Lee met Marina in March of ’61. Her mother had died a couple years earlier and she disliked her step-dad. She moved into her aunt and uncle’s house. Lee and Marina got married. They had a daughter and soon after decided to come back to the States. Oswald was worried that he might be prosecuted if he returned. Snyder said he didn’t know of any grounds for prosecution.
Marina may have lied on her visa application. The application asked if she had been to any communist meetings and she said “no”. She had, however, been a member in the Communist Youth Organization. Lying could have revoked her application but her affiliation with the CYO may not have. During the months leading up to his departure to the U.S., Oswald had correspondence with his family. He arranged for money so they could make the trip. A chunk of the money was loaned from the State Department.
He wrote a letter to Secretary of Navy Connally about upgrading his Marine discharge. But Connally had been elected Governor of Texas so he forwarded the letter to his successor.
Fort Worth, Dallas, New Orleans
Lee lived with various relatives during the ensuing months: his mother, Robert and with his aunt and uncle for a brief period. He met Mrs. Bates, a public stenographer. He asked her to type his notes of his impressions of Russia. He also knew of a petroleum engineer named Peter Gregory who wanted to publish these notes. Peter denies this.
On June 26, 1962, Oswald was interviewed by the FBI. He was arrogant and drawn up. He said he never attempted to get Soviet citizenship.
He got a job as a sheet metal worker. His coworkers described him as a loner. He resented his mother’s help in buying things for Marina and their baby. On August1 16, the FBI interviewed Oswald again. He denied having a deal with representatives of the Soviet government. He was unhappy about his Marine discharge. He also stated that his wife was registered with the Soviet Embassy.
In August, the Oswalds were introduced to the Russian speaking community. This included the DeMohrenschildts. Oswald resented their help. They disliked him because of his treatment of Marina, his inability to hold down a job and because of his political views. He began to have marital problems. The Russian speaking community testified that he beat her. They separated.
Marina moved into Elena Hall’s house. The Russian community took care of her. Oswald had employment difficulties. Bouhe and DeMohrenschildt helped him a little with his search. He worked at Jaggars-Chiles-Stovall where he worked with photographs. The Oswalds were reunited soon after this.
Their marital problems flared up again. Marina criticized Lee’s sexual abilities in front of DeMohrenschildt. Lee was upset with her materialism. The Russian speaking community told Marina that she would be better off without him. When she would move out, Lee would beg her to let him be with her. He promised to change his behavior.
Despite his disillusionment with the Soviet Union, Oswald wrote to the Soviet embassy in order to subscribe to Russian magazines and newspapers. Soon after his return to the States, Oswald made contact with the Communist Party, USA and the Socialist Workers Party. He offered his photographic abilities to some leftist groups, including the Hall-Davis Defense Committee. He read biographies of Kennedy’s and Khrushchev’s.
During some Christmas parties, the Oswalds met the Paines. Michael Paine was a research engineer for Bell Helicopter. Oswald still couldn’t hold down a job so DeMohrenschildt told him to take a typing class. Marina became pregnant during this time.
Using his alias, Oswald ordered the revolver and the rifle. In March of ’63, he cased Walker’s house. He made his attack on April 10th. He told Marina what he had done. She scolded him and told him never to do that again. He lost his job at Jaggars about this time.
He asked the Russian embassy for a return visa. Marina testified that Oswald made her follow suit. Oswald lived with his aunt and uncle. He looked up his dad’s relatives. He collected unemployment during this time, sometimes illegally. When he and Marina found a place of their own, they lost contact with the Russian community for good.
Oswald wanted to return to the Soviet Union. He thought up a plan to hijack a plane and fly to Cuba. Marina refused to go along with this idea. Marital problems surfaced again, and Marina moved in with Ruth Paine. Lee stayed in New Orleans while Marina moved to Irving.
In New Orleans, Oswald founded the “New Orleans Chapter” of the FPCC. He appeared on a radio station because of a scuffle stemming from his FPCC work. In August, Lee first told Marina of his plan to go to Mexico.
Mexico City
Lee filled out the paper work for his trip. He may have filled it out incorrectly because there are errors on it. Lee implored Marina to keep his trip a secret. She did so, until the assassination. Oswald took a bus to Mexico. Oswald called the head of the Socialist Labor Party in Houston. He asked Mrs. Twiford, the wife of the president, how they had gotten Oswald’s address. They had gotten, unbeknownst to either Oswald or Mrs. Twiford, through the party’s headquarters in New York. The Twifords had no other contact with Lee Harvey Oswald.
A SS employee stated that on September 25th, she met Oswald in her office where he wanted to update his Marine discharge. Although she is respectable and sincere, this SS employee’s testimony could not be corroborated so the WC has concluded that Lee Harvey Oswald was not in Austin on that day.
He visited the Cuban Embassy on the 27th. He spoke to a Mexican national named Silvia Duran. He gave her a resume of his Communist credentials. Duran took down the information but her reply was unacceptable to Oswald: the time period for a visa to Cuba and then to Russia was months of waiting. Oswald was irritated. Oswald talked to Azque. Azque said that Oswald was setting the Cuban Revolution back. He contacted both the Soviet and Cuban Embassies later on but to no avail. Oswald returned to the States. Some fellow passengers testified that they remembered him.
Dallas
Back home, Oswald moved into an apartment of his own while Marina stayed at Ruth’s house in Irving. He rented a room under the name “O.H. Lee.” He claims that the landlady made a mistake. Oswald wrote to Arnold Johnson that he had attended a right-wing meeting headed by Walker. He said that Walker was an anti-Semite and an anti-Catholic. In November, on the 1st and the 5th, the FBI visited Paine in the hopes of talking to Oswald. Oswald wrote the Soviet Embassy saying that the FBI was interested in him because of his leftist ties. On the 17th, Marina called Lee and found out that he had used an alias with his landlady. He denied this. He came home on the 21st to make peace.
Appendix 14: Analysis of Lee Harvey Oswald’s Finances from June 13, 1962, through November 22, 1963
Pages 741 to 745 have tables of Oswald’s finances.
Appendix 15: Transactions between Lee Harvey Oswald and Marina Oswald, and the U.S. Department of State and the Immigration and Naturalization Service of the U.S. Department of Justice
The WC has investigated whether the Oswalds received preferential treatment in their dealings with these agencies. Each section of this appendix will deal with a different transaction and a conclusion of how they were treated.
Issuance of Passport in 1959
The passport was issued within normal parameters.
Oswald’s Attempts to Renounce his U.S. Citizenship
Oswald went to the American Embassy and told the receptionist that he wanted to renounce his U.S. citizenship. The receptionist summoned Snyder. Oswald repeated his demand. He gave Snyder a note that said he wanted Soviet citizenship and that he affirmed his allegiance with the Soviet government. Snyder did not permit Oswald to renounce his citizenship because it was a Saturday; he needed to come back on Monday. Snyder sent a telegram to the Department of State about what Oswald was doing. Oswald never returned to the Embassy but he sent them a letter stating, again, his allegiance to the Soviets.
On November 16th, 1959, Pricilla Johnson interviewed Oswald. She informed the Embassy of this interview. She said that Oswald may have purposely not carried through with his intent to renounce his citizenship. On March 16th, 1960, Marguerite asked a congressman to help her contact her son.
Return and Renewal of Oswald’s 1959 Passport
Negotiations between Oswald and the Embassy
The American Embassy sent a message to Oswald through the Soviet Embassy. The message was that his mother was worried about him. Only days later, the American Embassy received a letter from Oswald regarding his passport. During the wait between official responses with the Embassy, Oswald married Marina. He also stated in one correspondence that he wanted to be sure he would not be prosecuted. He would like to leave Russia with his Russian wife, too.
Snyder met with Oswald and changed his opinion of him. He said that Oswald had matured in Russia. After reviewing Oswald’s application, Snyder concluded that Oswald had not lost his American citizenship. Oswald stated he was having difficulties with the Soviet Embassy. They were giving him a hard time in his attempt to get Marina out of Russia.
Legal Justification for the Return and Reissue of Oswald’s Passport
In order to lose your passport rights, an American must: 1. become naturalized by a foreign power; 2. formally renounce his American citizenship; 3. take an oath of allegiance to a foreign power; 4. work for a foreign power. Oswald never became a naturalized Russian. He never formally renounced his citizenship. He did write to the American Embassy that his allegiance was to the Soviets but this oath must be delivered to that government, not to the American government. He may have worked for the Soviet government but a person is allowed to work for a foreign power if they do so under financial duress or compulsion. As such, Oswald was reissued his passport.
Authorization for Marina Oswald to enter the United States
Negotiations between Oswald and the Embassy
Marina was allowed to enter the U.S. because it was determined that she attended Communist meetings only compulsory; she would not become a public charge if she came to America; and because she was a wife of an American citizen.
A waiver needed to be obtained. It was, on the basis that Robert Oswald, a reputable American citizen, vouched for his brother and sister-in-law.
Legal Justification for the Decisions Affecting Marina Oswald
Marina was allowed to enter America because she was married to an American citizen. She was in good health and it was reasonable that she and Lee could support themselves. Her membership in a Communist organization may or may not have been compulsory. If it had not been, then she lied. If she had told the truth, she may still have been allowed to enter. But if the INS had found out that she lied, it would have almost certainly revoked her application.
Oswald’s character was also at question, since he had to vouch for Marina. He had an undesirable discharge. This required a waiver. The waiver was granted because the U.S. thought that it would smooth relations between Russia and America.
Oswald’s Letter to Senator Tower
Oswald wrote a letter to U.S. Senator John Tower of Texas. He told Tower that he was having difficulty in obtaining an exit visa from Russia. Tower’s staff was forwarded some information from the State Department about Oswald and his staff made no further inquiries.
The Loan from the State Department
Oswald received a loan from the State Department for about $500. This is typical of the State Department. It gives over $100,000 a year to indigent Americans overseas. The provisions about who is eligible for this loan are: 1. a person is an American citizen; 2. a person who is entitled to a United States passport; 3. a person who is loyal to America. The Department decided that Oswald met these requirements. He received enough to allow him and his family to come to America. He began paying off the loan in installments.
Oswald’s return to the United States and Repayment of his Loan
Oswald’s finances regarding his return are listed in this section.
Issuance of a Passport in June 1963
Oswald applied for a passport in June of’63. He said he was planning to go to Europe. A teletype was sent to Washington. His name had the letters, “NO” next to them. This stood for New Orleans, however. It did not mean that Oswald was denied the passport. He was still entitled to a passport under prevailing statutes.
The State Department was in 2 lawsuits concerning denying passports under certain circumstances. These cases, Kent v. Dulles and Dayton v. Dulles were brought before the Supreme Court. They said that an American can be given a passport regardless of his political views or any dissenting speeches he makes; he can only be denied a passport if he breaks the law or some commits some other act that erodes American national security. Thus, Oswald’s application for a passport was approved.
Visit to the Russian Embassy in Mexico City
The CIA informed the Passport Office that Oswald had visited the Soviet Embassy in Mexico. But the report didn’t mention that Oswald had visited the Cuban Embassy. The authorities reviewed this information and decided that they need not take action. They did not inform the CIA or the FBI. The WC is satisfied that these actions taken by Lee Harvey Oswald were not enough to revoke his passport.
Conclusion
The WC is satisfied that Oswald received no irregular treatment by the State Department.
Appendix 16: A Biography of Jack Ruby
The WC has put together this biography of Ruby to quell public interest in him. They believe that the public interest is served if people know his background.
Family Background
Jack Ruby was born Jack Rubenstein. His exact date of birth is unknown but he was born in 1911 in Chicago. He was the 5th of 8 kids. His dad, Joseph, was born in Sokolov near Warsaw. Joseph was a veteran of the Russian campaigns in China, Korea and Siberia. He was an excessive drinker. Ruby’s mother was named Fannie. Her marriage to Joseph was arranged, as was the custom there.
Childhood and Youth (1911-33)
The Rubensteins lived in a Chicago ghetto near an Italian district. Street gangs ran rampant. Ruby’s home life was marked by strife because his father was a drinker and his mother always nagged him. They would eventually divorce.
Psychiatric Report
Jack was placed in a home for a period of time due to the home and neighborhood environment that he lived. A report was made. It said that he was quick tempered and disobedient. His mother was blamed.
Placement in Foster Homes
Jack and some of his siblings were placed in a foster home. The exact time is in dispute. It is possible that the length was 4 or 5 years
Subsequent Home Life
His home life was still dysfunctional. His mother had a touch of mental illness. She died in ’44.
Education
Ruby completed the 4th grade at Smyth Grammar School. He received little to no religious education either.
Activities
Ruby began hustling to make a living. He would scalp tickets and sell knickknacks. Some of his childhood friends became members of organized crime but Ruby never did.
Temperament
Some reports say that Ruby was quiet and soft spoken; others say that he was quick-tempered and aggressive. He was nicknamed “Sparky” which he hated.
Young Manhood (1933-43)
San Francisco (1933-37)
Ruby went out west because he thought that there was work out there. His sister Eva also moved out there.
Occupations and Activities
Ruby did many jobs in California but made little money.
Chicago (1937-43)
He came to Chicago and worked as a traveling salesman for a while. He continued to hustle, too. He also wanted to work for a labor union. His friend, Leon Cooke, was a financial secretary for a union. On December 8, 1939, John Martin, the president of the union, shot Cooke and killed him. The shooting was ruled self-defense. Although Ruby said he wanted to take over the union after Cooke’s death, the evidence indicates that his friend’s death was hard on him and he couldn’t continue.
”Despite Ruby’s participation in ‘shady’ financial enterprises, his association with a labor union, subsequently disciplined by the AFL-CIO, participation in violent anti-Bund activities, and his connection with a poolroom, the evidence falls short of demonstrating that Ruby was significantly affiliated with organized crime in Chicago” (pp. 789-790).
Military Activities (1943-46)
Ruby was an aircraft mechanic during WWII. He was sensitive about comments directed towards Jews. He also cried when he heard that FDR died.
Postwar Chicago (1946-47)
Earl Ruby started Earl Products Co. His brothers, including Jack, worked for him. Jack worked as a salesman. He sold other products besides the ones that his brothers manufactured. His brothers eventually bought out his interest in the company for $14,000.
Dallas (1947-63)
The Move to Dallas
Eva bought interest in a restaurant in Dallas. Jack used some of his money to go in on this venture. She opened up the Singapore Supper Club in ’47. Ruby moved to Dallas and would live there the rest of his life. The WC is satisfied that he moved to Dallas to run night clubs but another reason was given by Steve Guthrie, a former Dallas sheriff. He said that Paul Roland Jones, a representative for Chicago criminals, met with him. They wanted to use Ruby’s restaurant as a front for illegal activities. They offered Guthrie a large sum of money. Another DPD cop says that he was with Guthrie during the interrogations with Jones and does not remember hearing about Ruby until sometime later. 22 taped conversations between Guthrie, Butler and Jones failed to produce Ruby’s name once.
The Change of Name
Ruby and his brothers changed their last name. This was to disguise their Jewish heritage.
Nightclub Operations
Ruby’s income was almost exclusively from his 2 nightclubs. Due to financial reversals, Ruby would alter his business arrangements. This would include liens, business names, employees and the nature of the nightclub.
Employee Relationships
Employees’ reactions to what kind of person Ruby was elicited a wide range of remarks. Some said he was pleasant cared about their well being. Others said he was violent and had a temper.
There are several incidents reported in the WR that attest to Ruby’s violent temper. He beat people, shoved them, etc. He never shot or killed someone, though, until Oswald. Ruby had difficulties with the AGVA also. He believed his competition was circumventing union rules in order to destroy his business.
Financial Data and Tax Problems
Jack Ruby rarely used a bank; he kept his cash in his car trunk. He was in deep financial trouble and the IRS was after him. A chart of his income is given on page 798.
Other Business Ventures
Because the nightclub business kept him free during the day, Ruby engaged in other enterprises. He was a manager for a talented child and took him to Chicago. He worked at a carnival. He sold twistboards, an exercise machine.
Arrests and Violations
Ruby had been arrested on several occasions. He had traffic violations, liquor violations, allowing obscene stripping to take place and cashed dishonored checks. He was charged with assault but was found not guilty, on one occasion.
Police Associations
Ruby knew “no more than 25 to 50” (p. 801) of Dallas’ cops. He never tried to bribe them. His treatment of cops was consistent with most Dallas business owners.
Underworld Ties
Ruby was friendly with Paul Roland Jones, a known member of the underworld. Ruby was a card player and was friendly with many professional gamblers. He visited Cuba in ’59. Two people of questionable reliability have said that Ruby allowed narcotics and gambling at his nightclubs.
Travels
Ruby may have visited Mexico, Cuba and Hawaii but he lived in Dallas almost exclusively from ’47 to ’63. Ruby said he idolized McWillie.
Character and Interests
Family Relationships
Ruby ran his sister Eva’s club while she lived on the West Coast. She gave him power of attorney. Due to financial problems, Jack was not close to Sam. Jack would go to Earl when he needed advice or money.
Social Relationships
Some have alleged that Ruby was gay. These assertions are unfounded. He dated Alice Reaves Nichols for 11 years. He asked her to marry him but she declined because they were seeing other people too.
Affection for dogs
Ruby liked dogs. He would often be accompanied by many. He lost his temper when someone was mean to a dog in his presence.
Religious Interests
Ruby was a Jew but rarely practiced the religion. He went to services regularly after his father’s death, nothing more. He never learned Hebrew. He was sensitive about his heritage, though. He was deeply insulted by the anti-Kennedy bulletin that Weissman posted in the Dallas newspaper because the name Weissman sounded Jewish.
Physical Activities and Violence
Ruby was very active at a gym. He owned personal weights also. He was in good physical shape. He often beat people with his fists or with a blackjack, when they got out of hand. He acted as his own bounder. He even beat people who weren’t patrons at his clubs. He used his gun to “eject” a person before.
Generosity to Friends and the Need for Recognition
Ruby would often apologize for his temper. He was noted for being generous to his friends and employees. People described him as a publicity hound.
Appendix 17: Polygraph Examination of Jack Ruby
Preliminary Arrangements
Ruby wanted to take a polygraph. His counsel filed the motion and a polygraph was conducted. The results of the polygraph depend upon the sanity of the subject. Dr. Beavers diagnosed Ruby as a “psychotic depressive.” Dr. Beavers gave exception to 2 questions that Ruby answered because Ruby was delusional. These questions dealt with Ruby’s family and his defense counsel. The WC did not rely on this examination to reach its conclusions.
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