Not knowing what happened with the paper bag, and having reason to believe it was constructed by the FBI or the Dallas Police, moreover, leads us to take a closer look at the other evidence presented against Oswald.
A Preponderance of Doubt
While it is often claimed that Oswald left his fingerprints at the crime scene, and that this proves his guilt, an argument can also be made that the dubious nature of his fingerprints forms a different set of fingerprints, so to speak, and suggests the guilt of others. That is, to say, that there is plentiful evidence that at least some of the evidence used against Oswald was manufactured by the Dallas Police and/or FBI.
Now, admittedly, there are no confessions...no smoking guns proving the manufacture of this evidence, but the stench of collusion smothers most every artifact in the case, and the DPD and FBI behaved, from day one, like they had somethig to hide. We are fortunate, however, in that the organizations disliked each other, and that, as a result, some of the problems with the case were allowed to bubble to the surface, tainting most of the evidence, and swaying the consensus of Oswald's guilt away from the preponderance of guilt accepted and pushed by the Warren Commission, to a preponderance of doubt.
how does one best demonstrate this doubt? Well, we shall employ a
two-pronged attack. First, we shall examine the evidence itself, and
discuss the problems with the evidence, many of them long-noted.
The second approach is more novel. While single-assassin theorists locked in Oswald did it mode love to recount problems with what Oswald was purported to have told his accusers, and claim his possibly lying as evidence of his guilt, they fail to acknowledge this is a two-way street, and that there are significant problems with the statements of the Dallas Police as well.
U.S.A. Confidential p. 197
"The Dallas Police force is a keystone outfit. The town's big shots run it. Coppers get fired for ticketing the "wrong" parked car. Mustn't arrest the son of a millionaire. The Mayor, a businessman's choice, attends to that...The contact situation is simple and easy. There are so few people you have to see, depending on what you want. U.S. Supreme Court Justice Tom Clark, former Attorney General, is THE man. You cannot go to him directly, so you have to see his pal, Maury Hughes, of the law firm of Hughes and Monroe. Tom's brother, Bob, is also a go-between."
Jack Halphen's linking Tom Clark with LBJ and Marcello, and Ramsey
Clark's rise to help LBJ. Discuss Clark's pardon of Johnny Rosselli.
The Death of a President by William Manchester 1967 p 426
"After the first arraignment Oswald told correspondents that he had protested to the justice of the peace (whose name he hadn't quite caught) "that I was not allowed legal representation during that very short and sweet hearing. I really don't know what the situation is all about." It was a lie. Oswald certainly knew what the situation was about
. Circumstantial evidence, the very best kind, convicts him ten times over. He was merely playing the scene for all it was worth. Thanks to local authorities, however, it was worth a great deal, and what he may have really meant was that he could not believ petty officials anywhere could be this clumsy. Even the Russians had been smoother. Pat Moynihan, when he learned the truth, was aghast. He realized that he had been wrong to extrapolate from New York and Boston. Dallas was in another league entirely."
There is a footnote after this. At the bottom of this page it reads:
"The author recalls a colloquy between three lawyers if the Warren Commission staff on June 27, 1964, when the Commission's report was being drafted. Here are notes of it: 'X: 'How critical of the Dallas police should we be?" Y: 'We can't be critical enough.' Z: (senior man): 'That's just the problem. If we write what we really think, nobody will believe anything else we say. They'll accuse us of attacking Dallas' image. The whole report will be discredited as controversial. We've just got to tone it way down.' There was a spirited discussion, after which X and Y consented."
On page 513 he returns to this theme. "Anyone familiar with police mentality knows that law enforcement officers interpret the law freely, and that it is an article of faith among them that a suspect is guilty until proven innocent. The case against the warehouse stock boy had been airtight within three hours of the murders, he had been in custody for forty-six hours, and he was being handled with conspicuous gentleness."
The scene of the crimeWell, we've already noted that NO photos were taken of the paper bag. This is a real head-scratcher. When one looks at the crime scene photos in the Warren Commission's exhibits, moreover, one finds plenty more to scratch about.
The same photos are presented over and over, cropped in different ways, and developed in different ways. It's as if someone was trying to hide stuff. Two examples of this are noted on the slide above.
There's also this. The FIRST report on the crime scene evidence written by Lt. J.C. Day, the chief crime scene investigator, currently in the record is dated January 8, 1964, almost 7 weeks after the shooting. Well, what's wrong with that, you might wonder...
In the Warren Commission's files one can find a Departmental Manual of Operating Procedures for the Dallas Police Department (CD1285).
On page 201 it notes:
Daily Activity Report (Crime Scene Search Section)
Prepared by Stenographer 4
Submitted to Deputy Chief Service Division
When Submitted Daily by 9 AM
Original to Deputy Chief, Copy retained by section
Purpose: to inform the Deputy Chief of the daily activities of the Crime Scene Search Section
Explanation: EACH member of the Crime Scene Search Section completes a call sheet regarding EACH investigation made in duplicate. The original is retained to compile the Daily Activity Report and to be filed in the jacket assigned to that investigation. The duplicate is sent to the Bureau requesting the investigation.
Now, get this! NO such reports were provided the Warren Commission, and none can be found in the Dallas Police Archives.
Only adding to the mystery... On page 202 of the manual it specifies:
Explanation: The stenographer-4 of the Crime Scene Search Section compiles the information from the Daily Activity Reports and submits the report to the Captain of Identification Bureau to be attached to the Monthly Activity Report of the Fingerprint Section. The Lieutenant of the Fingerprint Section prepares a Monthly Activity Report from the daily activities of the Section.
None of these reports are available either. Are we really to believe that the Crime Scene Section, tasked with investigating the biggest murder case in the HISTORY OF THE UNITED STATES, failed to create a written report of its actions prior to seven weeks after the murder?
Of course not. It only follows then that these early reports have been pulled from the record...shit-canned, if you will.
Well, what might these reports have admitted?
Here's one guess... Perhaps one or more of these reports admitted that the photos of the bullet casings were a re-enactment.
Part 1 The Boxes and the three shells
Important: Note that the highest box in the front row is on the west in Alyea, but was on the east in Powell. Proof the nest was moved. Note also that in the Alyea shot of the window, it was the second box from the west.
Scene of the Crime
Hulls and bag...Mooney
Senator COOPER - How far was the chicken, the piece of chicken you saw,
and the paper bag from the boxes near the window, and particularly the
box that had the crease in it?
dn't see it?
Mr. BALL - You didn't see a paper sack anywhere near a two-wheel truck or a Dr. Pepper bottle?
he right angle before I could see it.
And there the gun lay, stuck between these cartons in an upright
position. The scope was up.
(The document referred to was marked Commission Exhibit No. 514, for identification.)
Senator COOPER - May I ask---did you change the position of the shells which you have identified?
Use as an example of DPD's apologists in the So-Called Evidence chapter. Move Givens and thread to Threads of Evidence
p 417 of Bugliosi's endnnotes
Craig’s immediate discovery: Even though Craig’s version of events doesn’t
t he ordered the officers present “not [to] move the cartridges
*In later years, WFAA-TV cameraman Tom Alyea, who was trapped inside the Depository when police
BUT WE KNOW THIS ISN'T TRUE.
According to Fritz's testimony, he wasn't there when the photos were taken, and NEVER returned to the window
Mr. FRITZ. We sta
rted at the bottom; yes, sir. And, of course, and I think
we went up probably to the topDifferent people would call me when they
would find something that
looked like something I should know about and I ran back and forth from
floor to floor as we were searching, and it wasn't very long until
someone called me and told me they wanted me to come to the front
window, the corner window, they had found some empty cartridges.
I found the footage of Fritz handling the shells in the History Channel Program Three Shots That Changed America, broadcast 2010.
Here is the footage of Fritz picking up the shells
Show how strange it is that Mooney failed to find window for what? 40 minutes, when Brennan, Euins, and Crawford all pointed out this window within minutes.
Mr. BELIN. After you saw that, what did you do?
w I had to get to someone quick to tell them
where the man was. So I ran or I walked--there is a possibility I ran,
because I have a habit of, when something has to be done in a hurry, I
run. And there was one officer standing at the corner of the Texas Book
Store on the street. It didn't seem to me he was going in any
direction. He was standing still.
Testimony of Herbert Sawyer, which suggests that, when no one was seen on the upper floors, the message that the shooter had been seen at a particular window, was not conveyed to those searching the building:
Mr. SAWYER. Also, my memory serves that it was his voice that made that.
All right, then, at 12:31, is a notation there that quotes, "It looks like the President has been hit."
from the Texas
School Book Depository, at that particular time?
Mr. EUINS. No, sir; because after he had pulled it back in the window, I ran this way, and went across the tracks.
the cycle and took you where?
Mr. BALL - Did you talk to a deputy sheriff?
Mr. CRAWFORD - My guess is it could have been anywhere from 10 - 20 minutes. My guess would be around 15 - 20 minutes.
Allen Sweatt's 11-23-63 report which fails to mention Crawford
At approximately 12:30 PM, Friday, November 22, 1963, I was standing with a group of Deputy Sheriff's about 30 feat east of the corner of Houston and Main Street on Main Street.
The president's caravan had just passed and about a minute or 2 I heard a shot and about 7 seconds later another shot and approximately 2 or 3 seconds later a third shot which sounded to me like a rifle and coming from the vicinity of Elm and Houston street. Several officers and myself from the Sheriff's department ran around the corner and towards Elm Street and Houston and were told that someone had shot at the President. A man by the name of "Hester" told Deputy John Wiseman that the shots had come from the old Sexton building. As we approached the building we were told the shots had come from the fence. Deputy Wiseman and a City Officer went to the front door of the building and I continued towards the railroad yards with Deputy Harry Weatherford and I stopped where I could see two sides of the building which was the west and south sides. Deputy Harry Weatherford went into the building through an open window on the 1st floor and Deputy Wiseman and the DPD officer went in the front door. On the far side of the building opposite me were some DPD Officers. At that time I was told the President had been shot and that Governor Connally also had been shot.
Officers started coming to the scene and approximately 15 deputy sheriff's and a number of DPD officers were at location. At this time, Inspector Sawyer of the DPD came to the front of the building and started taking na
mes of witnesses and I suggested to inspector Sawyer that I get two deputies and send the witnesses to the Sheriff's Office for statements instead of letting the witnesses leave the scene. Inspector Sawyer agreed with this plan and as witnesses were brought together they were taken directly across the street to the Sheriff's Office to wait until statements could be taken.
While I was still at the front of the Building, Deputy Sheriff Luke Mooney stuck his head out of the 5th floor window and the Northeast corner of the building and stated he had found some spent cartridge cases and he was told to let them remain untouched until the DPD Crime Lab arrived on the scene.
Yeud post on alt.assassination.jfk
I have long wondered why it took so long for police to find the 6th
However, reading through various accounts again, more closely, it's
Officer Marrion Baker is the first to enter the Depository Building,
At 12:35 p.m., Officer B.W. Hargis calls over police radio that a
A minute later, Amos Euins approaches Sgt. D.V. Harkness to say he saw
rom a window in the building, on the floor "under
At about the same time, Howard Brennan approaches Officer W.E. Barnett
At 12:39, Motorcycle Officer E.D. Brewer, about 3/4 of a block from
Inspector Sawyer, at the front of the building, radios at 12:42 for
At 12:45, Sgt. G.D. Henslee at the police radio dispatcher's office,
At 12:50, Forre
st Sorrels of the Dallas office of the Secret Service
Sorrels then escorts Brennan and Euins across the street to make
Police Captain Will Fritz arrives at the building at 12:58,
The 6th floor sniper's nest, with its empty cartridge cases and paper
Why guess that? Well, the earliest footage of the sniper's nest was taken by newsman Tom Alyea. It shows Capt. Will Fritz of the DPD bend over and pick something up from the floor by where one of the rifle casings was purported to have been located, while talking to the detective at his right. While Alyea would later claim he saw Fritz pick up three shells, and that Fritz then held them up to the camera, this footage has never been found. As a result, I suspect that Alyea was thinking of this footage of Fritz picking something up, that is, that he saw Fritz pick up a shell.
Well, what's so bad about that? By strange coincidence, the Dallas Police only sent two of the shells found in the sniper's nest to the FBi that night. The third was, officially, retained by Fritz. Now I suspect that Fritz never actually put the shell back down, and held onto it for comparison purposes. At that point, after all, no one knew what kind of rifle had been fired.
If so, moreover, the crime scene investigators, arriving but a few minutes after Fritz, would have to wait for Fritz to give them back the shell before taking their pictures.
Well, what if, in all the excitement, Fritz left the building without giving them the shell? What would they do? They'd re-create it as best they could with a throw-down shell, correct?
The third shell in the crime scene photos--the one on the floor by where Fritz was kneeling in Alyea's footage--was cropped off the photo taken from closest to it when printed by the Warren Commission. This makes no sense.
If the shell in the photo was not the shell of a Mannlicher-Carcano rifle, on the other hand, it makes perfect sense.
Show then how Stud B third shell--which was right by Fritz's foot in Alyea--was hidden from view and cropped off photos. Why? Because it was faked? To match Stud A, which was actually taken later, perhaps that Monday? Then
whole story of Sims and Day and memos.
Raise possibility that Fritz took the third shell with him right there and then, and that they all lied about it. Then show Alyea photo of Fritz by the bag. ask why he didn't see it.
The Day Kennedy Was Shot by Jim Bishop 1968
On p 253 After describing Luke Mooney's find of the sniper's nest...Bishop writes:
"Mooney kept the other policeman away from the area. In time, Fritz arrived. The Crime Laboratory, a mobile unity, had been summoned from headquarters on Main Street. The deputy sheriff was excited. Having made his find, he observed everything. The pile of boxes was high enough to serve as a private screen against prying eyes from anywhere on the sixth floor. The small boxes which had been placed inside, on the floor, were just high enough, with the window one third open, to serve as an assassin's roost. A man could sit on the one nearest the heating pipes, while resting the gun on the one near the window., and looking diagonally down Elm Street toward the overpass. He would have an open, commanding view everywhere except as the motorcade passed the broad tree below. The only open space in the tree was furnished by the "V" of two main branches. Mooney was still dwelling on the subject when ranking officers and their entourages descended on him."
SO WHY DIDN'T HE SEE THE BAG?
Mooney's 11-23 statement "I then went on back to the 6th floor and went direct to the far corner and then discovered a cubby hole which had been constructed out of cartons which protected it from sight and found where someone had been in an area of perhaps 2 feet surrounded by cardboard cartons of books. Inside this cubby hole affair was three more boxes so arranged as to provide what appeared to be a rest for a rifle. On one of these cartons was a half-eaten piece of chicken. The minute that I saw the expended shells on the floor, I hung my head out of the half opened window and signaled to Sheriff Bill Decker and Captain Will Fritz who were outside the building and advised them to send up the Crime Lab Officers at once that I had located the area from which the shots had been fired. At this time, Officers Webstr, Victory, and McCurley came over to this spot and we guarded this spot until Crime Lab Officers got upstairs within a matter of a few minutes. We then turned this area over to Captain Fritz and his officers for processing."
(After describing Bonnie Ray Williams' lunch bag, Mooney testified)
Mr. BALL - Did you see a paper bag at any other window?
And then later...
Mr. BALL - How long did you stay up on the sixth floor? After you found the location of the three cartridge
That no one noticed the bag or seat (box "D) at this time is also supported by fellow Deputy Sheriff A.D. McCurley (11-22 report). "We were searching the 6th floor when Deputy Sheriff Mooney, who was also on the 6th floor, hollered that he had found the place where the assassin had fired from. I went over and saw 3 expended shells laying by the window that faced onto Elm Street, along with a half-eaten piece of chicken that was laying on a cardboard carton. It appeared as if the assassin had piled up a bunch of boxes to hide from the view of anyone who happened to come up on that floor and had arranged 3 other cartons of books next to the window as though to make a rifle rest. This area was roped off and guarded until Captain Will Fritz of Dallas Police Department Homicide Bureau arrived."
Mr. McCLOY. When you went up to the sixth floor from which Oswald
apparently had fired these shots, what did it look like there, what was
the--how were things arranged there? Was there anything in the nature
of a gun rest there or anything that could be used as a gun rest?
It was recovered on the sixth floor, was it not?
Fritz also failed to see the bag. Tellingly, he was not shown the DPD re-enactment photos to verify their accuracy. If he had, it would have been interesting for him to have been asked "How could you have missed this?"
"About this time someone yelled that some empty hulls had been found on the sixth floor. Capt. Fritz, Sims, and Boyd went to the southeast window on the sixth floor and saw three empty hulls on the floor near the window. The empty hulls were found about 1:15 PM. Deputy Sheriff Luke Mooney said he found them and let them lay as they were. We stayed there with the empty hulls to preserve the scene and a methodical search was started by other officers going from east to west. About 1:20 PM, Lt. J.C. Day and R.L. Studebaker arrived on the sixth floor. Capt. Fritz asked Lt. Day to take pictures of the hulls and the surrounding area. About 1:25 PM someone called for Capt. Fritz, and he left Det. L.D. Montgomery and Marvin Johnson to stay with the hulls. Capt. Fritz, Sims and Boyd went over to near the stairway where one of the officers had called Capt. Fritz...Sims went back to where Lt. Day was and told him the gun had been found. Lt. Day or Det. Studebaker took another picture of the hulls and said they had already taken pictures of the scene. Sims picked up the empty hulls, and Lt. Day held an envelope open while Sims dropped them in the envelope. Lt. Day then walked over to where the rifle had been found. Det. Studebaker and Lt. Day took pictures of the rifle."
Later..."After Hicks finished finger printing Oswald, he and Barnes made paraffin casts of both hands and also the right side of this face."
WHAT THE? AFTER?
Still maybe Sims saw the bag.
Mr. BALL. Did you ever see a paper bag?
right there near the hulls?
y that Captain Fritz told
Johnson and Montgomery to stay near the place where the hulls were
Mr. BOYD. We went down to the sixth floor and found the hulls over on
the southeast corner of the building and they had some books, I suppose
it was books--boxes of books stacked up back over there that way.
Mr. BALL. Where, with reference to the rows of windows--there are
pairs of windows---how many pairs of windows away from where the hulls
were located did you see the paper sack and chicken bones?
Mr. BALL. Third or fourth?
Mr. BALL Pair of windows?
Mr. BOYD. Yes, sir; now--pair of windows--let's see.
Mr. BALL. The windows are in pairs on that side, on the Elm Street side--now, what sort of sack was it?
Mr. BOYD. The best I remember it was just a brown paper sack--it looked like a lunch sack.
Mr. BALL. About the size of a lunch sack?
Mr. BOYD. Yes.
Mr. BALL. Did you see any other paper sack around there?
Mr. BOYD. I don't recall any if I did.
Mr. BALL. Did you see any brown wrapping paper near the window where the hulls were found, near the windows alongside which the hulls were found?
Mr. BOYD. I don't believe I did.
There's another mystery regarding the shells. John Grizzaffi, an acquaintance of Robert Lee Studbaker, the crime scene photographer, told the HSCA that the photos showed four shells.
Well, this was a head-scratcher. But I think I know what he was talking about.
(discuss Wertheim and fingerprint fabrication. discuss Wade's horrible record. discuss Fritz's reputation. discuss use of paraffin tests to pressure confessions. Refer back to Wertheim and the crime lab faked prints mistakenly given to the DA.)
Quote Rusty on quality of the copy cameraPatSpeer.com