Chapter 4e: Dark of Day (THIS CHAPTER IS UNDER CONSTRUCTION)



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.

Now, 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." 

Discuss 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."


Manchester failed to realize how much of the Circumstantial evidence came from the clumsy investigation of these men. On page 458, he wrote: "By daybreak the morning after the crime conviction was an absolute certainty. The possibility of a reasonable doubt simply did not exist. It was an embarrassment of riches...It was as though a hydrogen bomb had been accidentally launched from its silo by a bumbling technician."

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 crime

Well, 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...

EVERYTHING.

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?
Mr. MOONEY - I would say they might have been 5 feet or something like that. He wouldn't have had to leave the location. He could just maybe take one step and lay it over there, if he was the one that put it there.
Senator COOPER - You mean if someone had been standing near the box with the crease in it?
Mr. MOONEY - Yes, sir.
Senator COOPER - It would have been that approximate distance to the chicken leg and paper bag?
Mr. MOONEY - Sir?
Senator COOPER - And the paper bag you spoke of?
Mr. MOONEY - Yes, sir; they were in close relation to each other, yes, sir.
Mr. BALL - How big a bag was it?
Mr. MOONEY - Well, as to the number--these bags are numbered, I understand. But it was--I don't know what the number you would call it, but it didn't stand more than that high.
Mr. BALL - About 12 inches?
Mr. MOONEY - About 8 to 10 inches, at the most.
Mr. BALL - What color was the bag?
Mr. MOONEY - It was brown. Just a regular paper bag. Just as a grocery store uses for their produce and what-have-you.
Mr. BALL - Did you see any soda pop?
Mr. MOONEY - No, sir; I did not.
Mr. BALL - Did you see a paper bag at any other window?
Mr. MOONEY - No, sir; I didn't.

Mr. BALL - Any other chicken bones?
Mr. MOONEY - No, sir.
Mr. BALL - Did you see a Dr. Pepper bottle any place?
Mr. MOONEY - No, sir; except in the picture.
Mr. BALL - You di

dn't see it?
Mr. MOONEY - No, sir.
Mr. BALL - When you say you have seen the picture, I will show you the picture, and let me see if that is the one you mean you have seen. That is Commission 484. This picture has been shown to you, hasn't it?
Mr. MOONEY - Yes, sir.
Mr. BALL - I showed you that.
Mr. MOONEY - Yes, sir.
Mr. BALL - And you did not see that two-wheel truck?
Mr. MOONEY - No, sir.

Mr. BALL - You didn't see a paper sack anywhere near a two-wheel truck or a Dr. Pepper bottle?
Mr. MOONEY - No, sir; in my running around up there, I didn't observe it. Possibly it was there. I am sure it was But I didn't check it.
Mr. BALL - How long did you stay there?
Mr. MOONEY - Sir?
Mr. BALL - How long did you stay up on the sixth floor? After you found the location of the three cartridges?
Mr. MOONEY - Well, I stayed up there not over 15 or 20 minutes longer--after Captain Will Fritz and his officers came over there, Captain Fritz picked up the cartridges, began to examine them, of course I left that particular area. By that time there was a number of officers up there. The floor was covered with officers. And we were searching, trying to find the weapon at that time.
Mr. BALL - Were you there when it was found?
Mr. MOONEY - Yes, sir. I was searching under these books and between them and up on the ledges and the joists, we was just looking everywhere. And I was about 10 or 15 steps at the most from Officer Boone when he hollered, "Here is the gun."
Mr. BALL - Did you go over there?
Mr. MOONEY - I stepped over there.
Mr. BALL - What did you see?
Mr. MOONEY - I had to look twice before I actually saw the gun laying in there. I had to get around to t

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.
Mr. BALL - Well, now, will show you a picture, 514.

(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?
Mr. MOONEY - No, sir; I didn't have my hands on them.
Senator COOPER - Or the bag, or chicken leg?
Mr. MOONEY - No, sir.
Senator COOPER - Until--before the chief came?


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
add up to planted evidence, Dallas deputy sheriff Luke Mooney, who discovered
the shells, suggested in 1964 that Captain Fritz had picked the shells up before
crime-lab personnel arrived—a real surprise, if true. “He was the first officer that
picked them up, as far as I know,” Mooney said, “because I stood there and watched
him go over and pick them up and look at them.”* Mooney suggested to the Warren
Commission that this took place before photographs of the shells were taken
when he said that when he first saw the three shells, shell B in Commission Exhibit
Nos. 510 and 512 (17 H 221, 223), Dallas police photographs of the three shells in
the sniper’s nest, was a little closer to shell C, the implication being that after Fritz
picked up the shells he didn’t put shell B back in the same place he found it (3 H
286–287). And in an interview for a 1997 book, Mooney said, “As I recall . . . the
hulls were not right against the baseboard under the window sill [as shells A and
B are in 510 and 512]. One was about a foot from the other and the third was futher
away” (Sneed, No More Silence, p.226).
Captain Fritz, however, denied moving the shells, testifying before the Warren
Commission tha

t he ordered the officers present “not [to] move the cartridges
[actually, cartridge cases], not to touch anything until we could get the crime lab
to take pictures of them just as they were lying there and I left an officer assigned
there to see that that was done” (4 H 203) Though I don’t automatically discount
Mooney’s version of events, I do find it pretty hard to believe that Captain Fritz,
a thirty-year veteran and highly regarded leader of the Homicide and Robbery
Bureau, would be foolish enough to move evidence at a crime scene, in full view
of everyone, before photographs had been taken (even a rookie cop, having just
gone through training at the police academy, would know he wasn’t supposed to
do this),† then instruct the men around him not to do what he had just done. Further,
in a later interview for a book, Mooney changed his story and said Fritz only
picked up “one” of the shell casings “to see what caliber it was” (Sneed, No More
Silence, p.226). I doubt Fritz would have even done that before photographs were
taken of the crime scene, but even if he did that we can assume he put the shell
back in the same place he had picked it up from.*

*In later years, WFAA-TV cameraman Tom Alyea, who was trapped inside the Depository when police
sealed it, made a similar claim about the shells being moved. Alyea said that Fritz picked up all three shells
and held them in his hand while Alyea filmed them. But this part of the film Alyea claims he shot has never
surfaced—a highly unusual circumstance considering that much of Alyea’s film was broadcast unedited over
WFAA-TV the weekend of the assassination. In any event, if he in fact saw Fritz pick up the shells it was
probably after the crime scene photos had been taken."

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.
Mr. BALL. That was on the sixth floor?
Mr. FRITZ. That is right; the sixth floor, corner window.
Mr. BALL. What did you do?
Mr. FRITZ. I told them not to move the cartridges, not to touch anything until we could get the crime lab to take pictures of them just as they were lying there and I left an officer assigned there to see that that was done, and the crime lab came almost immediately, and took pictures, and dusted the shelfs for prints.
Mr. BALL. Which officers, which officer did you leave there?
Mr. FRITZ. Carl Day was the man I talked to about taking pictures.
Mr. BALL. Day?
Mr. FRITZ. Lieutenant Day; yes, sir.
Mr. BALL. Do you know whether he took the pictures or not?
Mr. FRITZ. I feel like he did but I don't know because I didn't stay to see whether he could.
Mr. BALL. You didn't know whether he took the pictures?
Mr. FRITZ. I went on searching the building. I just told them to preserve that evidence and I went right ahead.
Mr. BALL. What happened after that?
Mr. FRITZ. A few minutes later some officer called me and said they had found the rifle over near the back stairway and I told them same thing, not to move it, not to touch it, not to move any of the boxes until we could get pictures, and as soon as Lieutenant Day could get over there he made pictures of that.


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

http://www.youtube.com/watch?feature=player_embedded&v=3tM7lY_z9t0

 

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.

Brennan:

Mr. BELIN. After you saw that, what did you do?
Mr. BRENNAN. I kne

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.
Mr. BELIN. What did you do or what did you say to him?
Mr. BRENNAN. I asked him to get me someone in charge, a Secret Service man or an FBI. That it appeared to me that they were searching in the wrong direction for the man that did the shooting.
And he was definitely in the building on the sixth floor.
I did not say on the sixth floor. Correction there.
I believe I identified the window as one window from the top.
Mr. BELIN. All right.
Mr. BRENNAN. Because, at that time, I did not know how many story building it was.
Representative FORD. But you did say to the policeman it was a window on the second floor from the top?
Mr. BRENNAN. Right.
Mr. BELIN. And then what happened?
Mr. BRENNAN. He
The CHAIRMAN. May I ask there. By the second floor from the top, do you mean the one directly underneath the top floor?
Mr. BRENNAN. Underneath the top floor, excluding the roof, yes, sir.
Mr. BELIN. And then what happened, sir?
Mr. BRENNAN. He said, "just a minute." And he had to give some orders or something on the east side of the building on Houston Street. And then he had taken me to, I believe, Mr. Sorrels, an automobile sitting in front of the Texas Book Store.
Mr. BELIN. And then what happened there?
Mr. BRENNAN. I related my information and there was a few minutes of discussion, and Mr. Sorrels had taken me then across the street to the sheriff's building.
Mr. BELIN. Did you describe the man that you saw in the window?
Mr. BRENNAN. Yes; I believe I did.  

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.
Mr. BELIN.

All right, then, at 12:31, is a notation there that quotes, "It looks like the President has been hit."
Then there doesn't appear to be anything pertaining to where the shots might have come from until we see at 12:34, there is a call from officer, it says No. 136, that states, "A passer-by states the shots came from Texas School Book Depository Building.

This is the first reference in the log about the Texas School Book Depository, is that correct?
Mr. SAWYER. That's correct.
Mr. BELIN. Do you feel that you heard in your car some reference to the Texas School Book Depository building?
Mr. SAWYER. I do.
Mr. BELIN. Would it be fair for me to assume then that you had not at least completely left your car by 12:34 p.m?
Mr. SAWYER. Correct.
Mr. BELIN. Then when you got to the Texas School Book Depository, well, you got out of the car and talked to some people or to some officers?
Mr. SAWYER. Officers.
Mr. BELIN. And then what did the officers tell you?
Mr. SAWYER. That their information was that the shots had come from the fifth floor of the Texas School Book Depository.
Mr. BELIN. Did any officers give you any other information about the source of the shots other than the fact that it came

from the Texas School Book Depository, at that particular time?
Mr. SAWYER. I can't say whether it was officers or who, but there was a reference also made to the overpass.
Mr. BELIN. All right, in any event--pardon me, do you have anything else to add?
Mr. SAWYER. Also, there was a broadcast here in the transcript about the railroad yard.
Mr. BELIN. All right.
Mr. SAWYER. And this could be part of what I was thinking about, or what I had heard, was this broadcast on the radio about the railroad yard.
Mr. BELIN. Then what did you do? You went inside the building, is that correct?
Mr. SAWYER. We immediately went inside the building. I took--I believe Sgt. Harkness may have gone with me. I am not positive of that.
Mr. BELIN. Was the elevator on the first floor when you got there, or did you have to wait for it to come down?
Mr. SAWYER. Best of my recollection, it was there.
Mr. BELIN. You got to the elevator, went up, looked around back there. How long did you spend up there at the top floor that the elevator took you to?
Mr. SAWYER. Just took a quick look around and made sure there was nobody hiding on that floor. I doubt if it took over a minute at the most.
Mr. BELIN. To go up and look around and come down?
Mr. SAWYER. To look around on the floor. How long it took to go up, it couldn't have been over 3 minutes at the most from the time we left, got up and back down.
Mr. BELIN. Then that would put it around no sooner than 12:37, if you heard the call at 12:34?

Euins:

Mr. EUINS. No, sir; because after he had pulled it back in the window, I ran this way, and went across the tracks.
Mr. SPECTER. All right.
You start on Exhibit 365, and put the black mark and show us the path of where you ran on 365.
Mr. EUINS. I was here at "B."
(At this point, Representative Ford entered the hearing room.)
(Witness marking.)
Mr. EUINS. I was coming down like this here, and there was a policeman, you know there is a little cut you can come through there. There was a policeman standing right around here.
Mr. SPECTER. Where was the policeman standing? Mark that with point "C," Amos.
Mr. EUINS. Right there.
(Witness marking.)
Mr. SPECTER. You ran past the policeman standing at point C?
Mr. EUINS. No, sir. You see, I come from point B, and ran here, and told the policeman I had seen the shot, because they were looking at the railroad tracks. So he put me on the cycle and he went to here.
Mr. SPECTER. He put you on

the cycle and took you where?
Mr. EUINS. Up to the front of the building.
Mr. SPECTER. The Texas School Book Depository Building?
Mr. EUINS. Yes, sir; and then he called some more cars. They got all around the building. And then the policemen came from the tracks, and they got around the building.
Mr. SPECTER. Did you see the policemen come from the tracks to go around the building?
Mr. EUINS. Yes, sir.
Mr. SPECTER. About how many policemen were there, would you say, Amos?
Mr. EUINS. There was about 14 or something like that. They were coming from the tracks here.
Mr. SPECTER. Do you know what the name of that policeman was, who was in that position where you have marked C?
Mr. EUINS. No, sir. He was kind of an old policeman. I ran down and got him. And he ran up here.
Mr. SPECTER. You mean--
Mr. EUINS. The Book Depository Building.
Then he called some more cars. They got all the way around the building. And then after that, well, he seen another man. Another man told him he seen a man run out the back.
Mr. SPECTER. Do you know who that man was who said somebody ran out the back?
Mr. EUINS. No, sir. He was a construction man working back there.

Crawford:

Mr. BALL - Did you talk to a deputy sheriff?
Mr. CRAWFORD - Allen Swett.
Mr. BALL - What did you tell him?
Mr. CRAWFORD - I told him to have the men search the boxes directly behind this window that was open on the sixth floor - the window in the far east corner.
Mr. BALL - Did you tell him anything of what you had seen?
Mr. CRAWFORD - I don't think so. I think I was so amazed that I could walk across the street and walk up to this building that was supposedly under surveillance and the man had not been - I say "the man" - there had not been anyone apprehended.
Mr. BALL - How long was it after you heard the shots that you walked up to Allen Swett and talked to him?

Mr. CRAWFORD - My guess is it could have been anywhere from 10 - 20 minutes. My guess would be around 15 - 20 minutes.
Mr. BALL - In the statement you made to the FBI agent, he reports you said you walked to the Texas School Book Depository where you contacted Deputy Sheriff Allen Swett and advised him of the movement you had seen in the sixth floor window?
Mr. CRAWFORD - I must have told him something about the movement. I did tell him to serch those windows, I think.
Mr. BALL - could you in your own words give us your memory of what you told Allen Swett?
Mr. CRAWFORD - I would probably have said, as I remember it, that to have the men search - have someone search the boxes directly behind that window. I had seen some movement directly after the shots. That was, I think, all I said. I did not - there was no conversation and at the conclusion of my statement, he directed several men up there.

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
floor sniper's nest. The sniper's nest was found after 1 p.m. One
would have thought that it would have been easily found within minutes
of the assassination, with Howard Brennan and Amos Euins both
reporting to police in less than ten minutes that they saw a man
shooting from that window.

However, reading through various accounts again, more closely, it's
now apparent why it took so long — miscommunications and
noncommunications.

Officer Marrion Baker is the first to enter the Depository Building,
within a minute of the last shot. But having seen a flock of pigeons
alight from the roof in reaction to the gunfire, he believes the shots
came from the roof, and spends his time looking there and on the 7th
floor below the roof, before he descends on the elevator.

At 12:35 p.m., Officer B.W. Hargis calls over police radio that a
witness said the shots came from the building, the first broadcast
naming that location.

A minute later, Amos Euins approaches Sgt. D.V. Harkness to say he saw
a man fire a rifle f

rom a window in the building, on the floor "under
the ledge", which makes it the 6th floor — a decorative ledge goes
around the building between the 6th and 7th floors. But Harkness
mistakenly radios in that the witness said the shots came "from the
fifth floor of the Texas Depository Bookstore". Harkness also tells
Inspector Sawyer the 5th floor. Harkness goes in and takes the
elevator just inside the main entrance to its limit — the fourth
floor. As he is on that floor, he talks briefly with Office Baker, who
is coming down the rear elevator from the 7th floor. Finding nothing
on the 4th floor, Harkness returns to the first floor and the
entrance.

At about the same time, Howard Brennan approaches Officer W.E. Barnett
in front of the building to tell him he saw the man who fired the
rifle, "one window from the top," pointing to the southeasternmost
window on the sixth floor.

At 12:39, Motorcycle Officer E.D. Brewer, about 3/4 of a block from
the building, radios in, "We have a man here that saw [a gunman] pull
a weapon back through the window on the second floor on the southeast
corner of that Depository building," no doubt meaning to say second
floor from the top, since photos taken before, during, and after the
assassination show the 2nd floor windows on that corner were closed.
Another miscommunication.

Inspector Sawyer, at the front of the building, radios at 12:42 for
more officers. Officer Barnett brings Howard Brennan to Inspector
Sawyer. Brennan "pointed out the window which I now note to be the
sixth floor, but when I talked to him, I thought it was the fifth
floor." At 12:44, Sawyer broadcasts Brennan's description of the
shooter, but does not include what floor or window he was seen at.

At 12:45, Sgt. G.D. Henslee at the police radio dispatcher's office,
broadcasts in answer to an inquiry, "Well, all the information we have
receive … indicates that it did come from about the 5th or 4th floor
of that building."

At 12:50, Forre

st Sorrels of the Dallas office of the Secret Service
talks to Brennan and Euins about the gunman they saw. Both specify the
6th floor window. As Brennan talks to Sorrels, James Jarman and Harold
Norman come out the entrance, and Brennan recognizes them from the 5th
floor windows below the shooter. Jarman and Norman are told to stay in
side the building, and they and their third companion on the 5th
floor, Bonnie Ray Williams, are not immediately interviewed.

Sorrels then escorts Brennan and Euins across the street to make
statements at the Sheriff's Office, intending not to stay long. But he
is stopped on his way out and told there is another witness in the
office whom Sorrels should talk to, Arnold Roland, whom Sorrels does
stay to interview. In any case, Sorrels' knowledge of the specific
window that Brennan and Euins pointed to is not shared with those at
the Depository building itself.

Police Captain Will Fritz arrives at the building at 12:58,
accompanied by two detectives and the Sheriff. Brennan, Euins and
Sorrels are not present. Fritz and company enter and go up the front
elevator to the 2nd floor, see officers stationed there, and proceed
to the 3rd and 4th floor, finding officers already stationed there
too. The elevator goes up no further, so they go to the back elevators
and up to the 5th floor. They make a quick search along the windows on
the front and west side, then go up to the sixth. Fritz and the two
detectives walk up to the 7th floor, while the rest begin inspecting
the 6th.
 

The 6th floor sniper's nest, with its empty cartridge cases and paper

bag, is discovered at 1:06 p.m.


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

discuss 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?
Mr. MOONEY - No, sir; I didn't.

And then later...

Mr. BALL - How long did you stay up on the sixth floor? After you found the location of the three cartridge

s?
Mr. MOONEY - Well, I stayed up there not over 15 or 20 minutes longer--after Captain Will Fritz and his officers came over there, Captain Fritz picked up the cartridges, began to examine them, of course I left that particular area. By that time there was a number of officers up there. The floor was covered with officers. And we were searching, trying to find the weapon at that time.


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?
Mr. FRITZ. You mean up in the corner where he shot from, from the window?
Mr. McCLOY. Yes.
Mr. FRITZ. Yes, sir; there were some boxes stacked there and I believe one box, one small box I believe was in the window, and another box was on the floor. There were some boxes stacked to his right that more or less blinded him from the rest of the floor. If anyone else had been on the floor I doubt if they could have seen where he was sitting.
Mr. McCLOY. Did you see anything other----
Mr. FRITZ. Lieutenant Day, of course, made a detailed description of all of that and he can give it to you much better than I can.
Mr. McCLOY. He is going to be here?
Mr. FRITZ. Yes, sir; and he will give it to you in detail; yes, sir.
Mr. DULLES. When was the paper bag covering that apparently he brought the rifle in, was that discovered in the sixth floor about the same time?
Mr. FRITZ. No, sir; that was recovered a little later. I wasn't down there when that was found.

Mr. DULLES. It was recovered on the sixth floor, was it not?
Mr. FRITZ. Yes, sir; I believe so. We can check here and see. I believe it was. But I wasn't there when that was recovered.  

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?"


With Fritz was Det.s R.M. Sims and E.L. Boyd. From DPD's 1-07 report, CD 81 p566-569 

"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?
Mr. SIMS. Well, we saw some wrappings--a brown wrapping there.
Mr. BALL. Where did you see it?
Mr. SIMS. It was there by the hulls.
Mr. BALL. Was it

right there near the hulls?
Mr. SIMS. As well as I remember--of course, I didn't pay too much attention at that time, but it was, I believe, by the east side of where the boxes were piled up---that would be a guess--I believe that's where it was.
Mr. BALL. On the east side of where the boxes were would that be the east?
Mr. SIMS. Yes, sir; it was right near the stack of boxes there. I know there was some loose paper there.
Mr. BALL. Was Johnson there?
Mr. SIMS. Yes, sir; when the wrapper was found Captain Fritz stationed Montgomery to observe the scene there where the hulls were found.
Mr. BALL. To stay there?
Mr. SIMS. Yes, sir.
Mr. BALL. That was Marvin Johnson and L. D. Montgomery who stayed by the hulls?
Mr. SIMS. Yes, sir; they did. I was going back and forth, from the wrapper to the hulls.
Mr. BALL. Was the window open in the southeast corner?
Mr. SIMS. Yes, sir.
Mr. BALL. Were there any boxes near the window?
Mr. SIMS. Yes, sir; there was enough room for someone to stand between the boxes and the window.
Mr. BALL. Were there any boxes anywhere near the window ledge?
Mr. SIMS. Yes; there was, I believe, I'm not positive about this, a couple of boxes, one stacked on the other right at the left of the window and then there was a stack of boxes directly behind the window about 3 or 4 feet high, I guess.
Mr. BALL. Did you see anybody take a picture of the boxes in the window--what position they were on the window ledge?
Mr. SIMS. Well, Lieutenant Day took a picture of all the surrounding area there.
Mr. BALL. How long were you on the sixth floor of the Texas School Book Depository Building?
Mr. SIMS. Well, sir; let's see--at the time the hulls were found, I think the hulls were found about 1:15, so we were down there just a minute or two. Let's see we got back to the city hall at 2:15 and we went over and talked to Sheriff Decker 10 or 15 minutes.
Mr. BALL. Now, when you left, you sa

y that Captain Fritz told Johnson and Montgomery to stay near the place where the hulls were located?
Mr. SIMS. Yes.
Mr. BALL. Was that after the picture had been taken of the hulls?
Mr. SIMS. I believe it was during--before Lieutenant Day got up there, I believe.
Mr. BALL. And it was after that that you went to the place where the rifle was found?
Mr. SIMS. Yes, sir. 

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. Did you see the hulls on the floor?
Mr. BOYD. Yes.
Mr. BALL Did you see anything else around there where the hulls were on the floor?
Mr. BOYD. Well, over to the west there was some paper sacks, and I think some chicken bones up on top of some boxes.
Mr. BALL. That was west?
Mr. BOYD. Right; yes, sir.
Mr. BALL. Near the windows?
Mr. BOYD. Yes, sir; they were near the windows.
Mr. BALL. How far west from where the hulls were located?
Mr. BOYD. Oh, I would say roughly between 30 and 40 feet, probably.  

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. BOYD. Let me see I don't recall just how many rows of windows fromthere it was. They are in rows of two, now, I'm not sure, I think it was in front of the third or fourth window over from the southeast corne
r.

Mr. BALL. Third or fourth?

Mr. BOYD. Yes.
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 t
he 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.)








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