Latest / The Lone Gunman Podcast : JFK Assassination / Ep. 237 ~ Carrolling Through The Night
Transcript
- 0:15Everything is going to hell down here inducted and don't come I find that would
- 0:29take that back and don't come with my cat Here is your homeside me and
- 0:40don't come with my take back then I don't come find that here is your
- 0:49holside. That's right? People want is up? Welcome back to the show.
- 1:07This is episode two hundred and thirty seven of the Loon gum And podcast
- 1:11and I am your host, Big Ado, otherwise known as Robert Clark,
- 1:18here with you for another exciting show. We're going to be talking about Attorney
- 1:25Carol John Agan here in the show today and what he said and what people
- 1:30thought about what he said. And we're also going to be taking a closer
- 1:34look at some of the criminal investigative practices that were standards and in place in
- 1:46nineteen sixty three and see how well the Dallas Police live. A lot of
- 1:55people are not aware of, you know, exactly what the standards and practices
- 2:00were involving criminal investigation all the way back in nineteen sixty three. You know,
- 2:06what were the protocols, what was expected of them, how was evidence
- 2:09to be collected, how is it to be handled? Was their chain of
- 2:13custody? All these things, and all these questions will be answered. Promise
- 2:17you. Before we get into the show, Let's hear a word from our
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- 4:15It's a great deal, it's some good sauce, and it helps to support
- 4:19the show. All right, So let's get right into this. Yeah,
- 4:24so you know how to use all kinds of shit all the time, some
- 4:30different directions, up, down, sideways, backwards, agonally. I'm always
- 4:35looking into things and rereading things and going back because it's you know, doing
- 4:40this for so long. You know, you for you tend to forget,
- 4:43you know a lot of things. But you tend to forget a lot of
- 4:46things or you misremember things, so you know, it's always good to go
- 4:50back to the source. So so Carol Jarnigan Adventure started way back, way
- 4:57way way way back. And I'm talking they much right after the assassination has
- 5:02started. Um, and we'll get into that story. Um. Well,
- 5:10this comes from forgive my grief Penn Jones, and they're talking about Carol Jarnigan
- 5:16and his journey talking to and investigating Carol Jarnigan. Now the Dallas Police and
- 5:25the Warren Commission talk to Carol Jarnigan as well. But let's get Penn Jones's
- 5:31version first, because you know, he's always a character. So he says,
- 5:38of the many amazing things in the Warrn Commission exhibits, here's a statement
- 5:42of Carol Jarnigan, and it's one of the most astounding. Attorney Jarnigan we
- 5:46felt either has total recall memory, or he had a tape recorder with him
- 5:51that night, or he made up the story out of his imagination. I
- 5:59could tension is that the Commission should have heard Johnigan so the members could come
- 6:03to their own conclusions rather than depend solely on the opinions of District Attorney Henry
- 6:09Wade. On January the thirteenth, nineteen sixty six, we asked Johnigan if
- 6:15he had a tape re quarter that night in the Carousel Club, and he
- 6:18said he did not, And we said, well, then you sure must
- 6:21have a fantastic memory. Jarnigan said he graduated in the upper twenty percent of
- 6:28his class at Southern Methodist University. He had no trouble getting into the University
- 6:33of Chicago. After that. He told us he wants made a hundred on
- 6:38a college chemistry examination with many chemical formulas as answers. He said, I
- 6:43made a hundred on that test, and I think I could recite the chemical
- 6:46formula to you right now. Jarnigan is an excellent chess player, which is
- 6:50the game requiring skill and a good memory. Jarnigan repeated that he told the
- 6:56truth and his statement, and he holds no ill will towards anyone. When
- 7:00f if he is friendly with Henry Wade, members of the same legal fraternity,
- 7:06Jarnigan said, well, yes, Wade did the only thing he could
- 7:11under the circumstances. But Jarnigan did not elaborate. Several points would seem to
- 7:17make response. Are reasonable men scream for a thorough investigation of the Jarnigan statement.
- 7:24For example, at the time of the assassination, Ruby was sitting in
- 7:28the Dallas News Building in a room from which he could have watched Oswald get
- 7:30off his shots and during his pay discussed below, Oswald after the shooting was
- 7:38walking in the direction of Ruby's apartment Wherewin might presume Oswald expected to pick up
- 7:43his pay. Apparently Oswald changed directions to the Texas Theater after the killing of
- 7:48Tippett. We have been told Oswald once worked part time at the theater.
- 7:55Never heard that before, but okay. Most students of this case are convinced
- 8:00that if Oswald shot, his bullets hit only Givin or Connelly. To the
- 8:05real students of this case, the evidence is compelling that President Kennedy was shot
- 8:09only twice and by a second resument from the front. Excuse me? Does
- 8:16it not seem that this evidence, plus the actions of Ruby and Oswald,
- 8:20added to the voluntary statement of Joarningon, amount to enough evidence for Johnigan to
- 8:24be called before the Commission as a witness. Below are parts of the Jarnigen
- 8:28statement which he mailed to the FBI on December the fourth, nineteen sixty three,
- 8:37when and now Narnigan statement didn't make it into the Warrant Commission exhibits,
- 8:43but he was not called to testify before the Warrant Commission, so we have
- 8:46this. On December the fifth, nineteen sixty three, the Bureau supplied the
- 8:52following copy of a letter and an eight page statement received at the Bureau on
- 8:56December fifth to mister Carroll Jarnigan, Attorney at Law, five eleven North Acred
- 9:03Building, Room four to eighty John Texas, Mister j Ed Guyhuva, the
- 9:09Director Federal Bureau of Investigation, Washington, Dcity. Yeah, mister Hoover.
- 9:16On October to fourth, nineteen sixty three, I was in the Carousel Club
- 9:22in Dallas, and while there I heard Jack Ruby talking to a man using
- 9:26the name H. L. Lead. These men were talking about plans to
- 9:31kill the governor of Texas. This information was passed on to the Texas Department
- 9:37of Public Safety on October fifth, which is the next day my telephone one
- 9:43Sunday, November twenty fourth, sixty three, I definitely realized that the picture
- 9:48in the November twenty third, nineteen sixty three Dallas Times Herald of Lee Harvey
- 9:52Oswald was a picture of the man using the name hl Lee who's conversational with
- 10:00Jack Ruby I overheard back on October the fourth, nineteen sixty three. They
- 10:07are after attempted to recall as much of this October fourth, nineteen sixty three
- 10:11conversations with as much accuracy as possible, and reduced it to writing the enclosed
- 10:16original and two copies of this report are true to the best of my own
- 10:20personal knowledge and belief, and this report is sent to you for whatever use
- 10:24it may be in assisting the FBI and your current investigation, if and when
- 10:28you see fit. I have no objection to the copies of this report being
- 10:33sent by you to the DA of Dallas County and to the Attorney General of
- 10:37Texas and any other officials to whom may see fit to disclose this information.
- 10:43My only request is that my identity remain undisclosed as long as possible. Respectfully
- 10:50submitted, yours very sincerely, Carol Johnnyan. All Right, so he's asking
- 10:56for nominimity when nominimite anonymity liberty labbot, Yes, there's another one and nimity
- 11:09amity. Okay. So quote report of events which took place in the Carousel
- 11:16Club at thirteen twelve and a half Commerce Street, Dallas, Texas, on
- 11:20Friday, October fourth, at about ten pm until almost eleven forty five pm.
- 11:26The club is located on the second floor and is entered by a stairway
- 11:30leading up from the sidewalk on the south side of Commerce Street. Witness,
- 11:33who is an attorney and a client who is an exotic dancer, walk up
- 11:39the stairs to the Carousel Club at about an mpm. The dancer, stage
- 11:43name Robin Hood, desires to talk with Jack Ruby, the owner of the
- 11:50club, about securing a booking for in Ryland. The witness and the dancer
- 11:56entered the club and sit down at the second table the right from the entrance.
- 12:01Dancer faces the stage, which is against the east wall and to the
- 12:05left north of the passageway which leads east from the second floor entrance door.
- 12:11I'm already confused, and the witness sits facing the entrance doorway. The ticket
- 12:15booth is at the south end of the building or landing at the top of
- 12:18the stairs and the entrance doorway of the second floor. I fuck all that.
- 12:24Several minutes Taptshire, witness and the dancer are seated. The witness notices
- 12:28a man appear in the lighted entrance area and tell the girl in the ticket
- 12:31booth want to see Jack Ruby. In a short period of time, the
- 12:37bouncer appears and with a flashlight, shines a beam of light upon the ceiling
- 12:43the inside of the club at the entrance area. The man who has asked
- 12:46to see. Jack Ruby is dressed in a tan jacket, has brown hair,
- 12:52needs a haircut. It's wearing a sports shirt. Is about five foot
- 12:58ten in height five nine or five ten. His general appearance is somewhat unkempt,
- 13:03and he does not appear to be dressed for night clubbing. He the
- 13:07new arrival, sits with his back. He's a wall at the first table
- 13:11to his right from the entrance area. After a few minutes, he orders
- 13:16in a served a bottle of beard. He continues to sit alone and appears
- 13:20to be staring at the dancer. The dancer leaves the table, and the
- 13:24new arrival stares intently at the witness. The witness notices the new arrival's eyes
- 13:28are dark and his face it's unsmiling. Then, after some minutes, a
- 13:33man dressed in a dark suit, about forty five years of age, partially
- 13:37bald, medium height and medium to heavy build, dark hair, and more
- 13:41or less hawk faced, and appearances from the side, joins the new arrival
- 13:46at the table. The new arrival appeared to be about twenty five years of
- 13:50age. The older man dressed in the dark suit was later indicated by the
- 13:54dancer to be Jack Ruby, and The following conversation was Hoover. For here
- 14:01we have the infamous conversation between allegedly Jack Ruby and Lee Harvey Oswald. Jeff
- 14:11Ruby starts it off parenthesis some name not clearly heard or not definitely recalled by
- 14:18this witness. What are you doing here? The man who had been sitting
- 14:22a loans is don't call me by my name? Ruby. What name are
- 14:26you using? I'm using the name hl Lee. Ruby. What do you
- 14:31want? I need some money money. I just got in from New Orleans.
- 14:37I need a place to stay in a job. Ruby. I noticed
- 14:43you hadn't been around in two or three weeks. What were you doing in
- 14:45New Orleans? There was a street fight and I got put in jail.
- 14:50Ruby? What charge? Disturbing the peace? Ruby? How'd you get back?
- 14:58I hitchhike just got in. Ruby. Don't you have a family.
- 15:03Can't you stay with them? They're in irving. They know nothing about this.
- 15:09I want to get a place to myself. They don't know I'm back.
- 15:13Ruby. You'll get the money after the job is done. Lee.
- 15:16What about half now and half after the job is done? Ruby, No,
- 15:22but don't worry. I'll have the money for you after the job is
- 15:26done. Read how much? Ruby? We've already agreed on that. Ruby
- 15:33leans forward and some of the conversation following is not heard by the witness.
- 15:39Next, Lee, Ruby, how do I know that you can do the
- 15:41job? It's simple. I'm a marine sharp shooter. Ruby. Are you
- 15:50sure that you can do the job without hitting anybody but the governor? Lee?
- 15:54I'm sure I've got the equipment ready, Ruby, have you tested it?
- 16:00We need to practice any Lee, don't you worry about that? I
- 16:03don't need any practice. When will the governor be here? Ruby? Oh,
- 16:08he'll be here plenty of times during campaigns. Lead, Where can I
- 16:14do the job? And Ruby from the roof of some building, Lie says
- 16:18no, that's too risky. Too many people around. Ruby. But they'll
- 16:23be watching the parade. They won't even notice you, Lead, and afterwards
- 16:29they would tear me to pieces before I could get away. Ruby, Well
- 16:33shift and do it from here, indicating the north end of the Carousel Club,
- 16:37right here, out of the Windham Lee. How would I get in?
- 16:41Ruby? Wow? Tell the porter to let you in. Lee,
- 16:47But won't there be people in the place. Ruby. I can close the
- 16:51place for the parade and leave worried with the porter to let you in.
- 16:56Lead, But what about the quarter Ruby, I can tell him to leave
- 17:00after letting you in. He won't know anything. Lead. I don't want
- 17:03any witnesses around when I do the job. Ruby, you will be alone.
- 17:07I assure you leave. How do I get away? There won't be
- 17:11much time afterwards. Ruby, you can just run out the back door here.
- 17:18Leave. What about the rifle? What do I do if the police
- 17:21run in while I'm running out? Ruby, I kind of the rifle.
- 17:25You just heard the shot and ran in from the parade to see what was
- 17:27going on and the confusion. You can walk out the front door and into
- 17:32the crowd. Lead, No, they might shoot you first. There must
- 17:37be time for me to get out the back way before the police come in,
- 17:40and you lock the front door after I come in and leave the back
- 17:42door open. Ruby, that would get me involved, although shooting from your
- 17:48bar's not gonna get you involved. Rube, Okay, how could I explain
- 17:53you in my club with the rifle and the front door locked. You could
- 18:00say that Lee locked the door after his team minutes. Lee, Well,
- 18:10you could just say he left the front door open and it was locked from
- 18:11the inside when somebody slipped in while you were outside watching the paradel? Says
- 18:19again, but what about the money? When do I get the money?
- 18:23Ruby? I have it here for you, Lee, but when I'm not
- 18:27going to have much time after the shooting to get away at Ruby, I'll
- 18:33have the money on me and I'll run in first and hand it to you
- 18:37and you can run on out the back way. I mean, this sounds
- 18:41like a three Stooges plan if I've ever heard one. Folks, So,
- 18:52he says, Lee, I can't wait long. Why can't you leave the
- 18:59money in here? Ruby? How do I know you'll do the job?
- 19:03Read? How do I know you'll show up with the money after the job
- 19:06is done? Ruby? You can trust me, my boy. Besides,
- 19:11you'll have the persuade her here. Leave the rifle. I want to get
- 19:15away from it as soon as it's used. Ruby, you can trust me.
- 19:21Lead What about giving me half the money now and half the money after
- 19:23the job is done? Ruby, I can't turn looses the money until the
- 19:29job is done. There's a slip up and you don't get him, they'll
- 19:32pick the money up immediately. I couldn't tell them that I gave it half
- 19:36of it to you in advance. They think I double crossed them. I
- 19:40would have to return all the money. People think I have a lot of
- 19:42money, but I couldn't raise half of that amount even by selling everything I
- 19:45have. You'll just have to trust me to hand you the money as soon
- 19:49as the job is done. There's no other way. Remember, they want
- 19:52the job done just as bad as you want the money. And after this
- 19:56is done, they may want to use you again. Leave. Not that
- 20:00it makes any difference, but what have you died against the governor Ruby,
- 20:07he won't work with us on paroles. With a few of this, with
- 20:11a few of the right boys out, we could really open up this state.
- 20:15And with a little for operations from the governor. The boys in Chicago
- 20:19have no place to go, no place to really operate. They've clamped down
- 20:22the lid in Chicago. Cuba's closed. Everything's dead. Look at this place
- 20:27half empty. If we can open up this state, we can attack this
- 20:32place every night. Those boys will spend if they have the money. And
- 20:37remember we're right next to Mexico. There'd be money for everybody if we can
- 20:41open up this state. Li says, how do you know if the governor
- 20:45won't work with you, Ruby, it's no use. He's been in Washington
- 20:49too long. They're too straight up there. After they've been there a while,
- 20:52they get to thinking like the Attorney General. The attorney General. Now
- 20:56there's a guy the boys would like to get. But it's no use.
- 21:00He stays in Washington too much. Lead. A rifle shoots as far in
- 21:04Washington as it does in Texas, doesn't it, Ruby, forget it.
- 21:10That would bring the heat onto everywhere, and the FIDS would get into everything.
- 21:12No, forget about the attorney general. Lead killing the governor of Texas
- 21:18will put the heat on you too, on it, Ruby, Not really.
- 21:21They'll think some crackpotter communists did it, and it'll be written off as
- 21:25an unsolved crime. Lead. That is, if I get away, Ruby,
- 21:30Oh, you'll get away. All you have to do is run out
- 21:32the back door. Lee or what kind of door is there back there?
- 21:36Who won't asking any lock on me, will it? Ruby? No,
- 21:40you can get out that way without any trouble. Lee. It doesn't open
- 21:44onto a fire escape, does it. I don't want to run out into
- 21:47an open fire escape with a rifle in my hand right after the shooting.
- 21:51Ruby, No, No, it's a safe way out. I'll show you,
- 21:53but not right now. Lead there's really only one building to do it
- 21:59from one that covers Main Elm and Commerce Ruby. Which one is that the
- 22:06school book building close to the Triple Underpass Ruby. What's long we're doing it?
- 22:10I'm here leave? What if he goes down another street and then that's
- 22:15where it ends. Penn Jones says, this is all the statement we feel
- 22:19necessary to print it. We insist only that the author of this statement should
- 22:23have been called before the Commission as a witness. He said, next,
- 22:30we will show the preferential treatment given to the Attorney General of Texas wagon her
- 22:33car. So that's basically the cruss of Penn Jones's interaction or his thoughts on
- 22:48Carol John Agan. Penn Jones wrote this in nineteen sixty six, so you
- 22:56know they've had approximately few years, because you know, if if Jarnigan went
- 23:02to the FBI in December sixty three, you know, you know, almost
- 23:07in sixty four then, so we're looking at two years in between us.
- 23:11And it does seem a little odd that, you know, Carol Jarnigan could
- 23:17remember this detailed conversation in such clear form down to you know, nuances and
- 23:26directions and all this jazz. Right, it just seems like, honestly,
- 23:34it seems made up. You know. The question is why why would a
- 23:41random lawyer in Dallas make up a story like this? I mean, I
- 23:49could see somebody in any other profession, but a lawyer, a lawyer,
- 24:00a lawyer. So if joining him wrote to the FBI on December the fifth,
- 24:15you're looking, this is approximately two weeks after the assassination. Okay,
- 24:22two weeks after, and he's given the FBI all this information. Now this
- 24:30is correspondence and this FBI record making into the Warran Commission. But like I
- 24:34said, he was dot called before the Warrant Commission to testify because hello,
- 24:41hello, if it's true, then they've got a big problem on their hands
- 24:48that they definitely don't want to deal with. So how do you go about
- 24:57just crediting this man? Well, I'll tell you, folks. So's on
- 25:18March the second, nineteen sixty four, in a letter a report to Jesse
- 25:26Curry, the Chief of Police, subject being the polygraph examination given to mister
- 25:32Carol Jarnigan. Okay, and it says, Sir, at the request of
- 25:37Lieutenant Jack Revel, the polygraph examination was given to mister Carol Jarnigan of five
- 25:44zero one sixth north Way Drive on this bad This examination was given to determine
- 25:51if mister Jarnigan had told the truth in and after David given to mister Henry
- 25:56Wade regarding a conversation Mister Jarnigan states that you overheard between Lee Harvey Oswald or
- 26:02Jack Ruby inside the Carousel Club in October fourth, nineteen sixty three. The
- 26:10following is a list of pertinent questions asked and the answers given. And boy,
- 26:15folks, are you gonna love this number one from here on island?
- 26:22Do you intend to answer my questions with the truth? Answer yes, indication
- 26:29lying number two? Have you told the complete truth in this Affidavid? Answer
- 26:37yes, indication lying in number three eight, did you actually overhear this conversation
- 26:44between Jack Ruby and Lee Harvey Oswald? Answer yes, indication lying number four.
- 26:56What were you drinking that night? Were are you drinking that night?
- 27:00Sorry? Answer yes, indication cruising Number five. Did you actually see Lee
- 27:11Harvey Oswald and Jack Rubie at that table on the night of October fourth,
- 27:18nineteen fifty three? Answer yes, indication lying Number six did you hear this
- 27:29conversation between these two men on that night? Answer yes, indication lying.
- 27:41Number seven. Oh see, did you hear the name hl Lee in this
- 27:48conversation? Answer yes, indication I Number eight. Is there any part of
- 27:56this affidavit that you know to be false? Answer no, indication lying.
- 28:08So that's that's the slight first part. All right, let's get into the
- 28:17second part. Number nine. Did you deliberately make up this alpidavit to get
- 28:22some publicity? Answer no, indication lying. Were you drunk that night?
- 28:30Answer yes, indication Crue eleven. Did you hear everything that you put in
- 28:40this alfidavit? Answer yes, indication lying. After the examination, it is
- 28:51the opinion of the examiner that mister Jarnigan did not overhear this conversation and then
- 28:56he made the story up, respectfully. Submitted Small bent Pollygraph Exam of the
- 29:02ID Bureau again, March nineteen and sixty four. Now, what's a little
- 29:11deceptive about this summary report, Jesse Curry from Paul Bentley is that it does
- 29:18not include, wow, the charts that back up the assertions given in this
- 29:29nor does it give all of the questions and answers put to Jarnigan it is
- 29:37very selective in the ones that it puts forward. Obviously Jarnigan was somewhere drinking
- 29:51and he got drunk that night, But everything else they're saying a total lot.
- 30:02So did they even pinpoint that he was at the Carousel club that night
- 30:04or somewhere else? That question wasn't asked, or maybe it was, but
- 30:10it wasn't included in the summary report. So, like I said, we
- 30:12don't have a full picture here. This is what we call a disaccreditation focus
- 30:21to basically a pen and mister John Van and be done with him, because
- 30:27if true, if true, his assertion, if true, would change the
- 30:36entire sumplection of the Oswald case if he could create a substantive link between Ruby
- 30:45and Oswald. Now, as you can see, like I said before,
- 30:48from Penn Jones's observation that the level of detail in this conversation that join again
- 31:00remembers from you know, so long ago, almost verbatim, is an uncanny
- 31:10ability. You know, we almost called that a photodac like a photo photographic
- 31:19memory or I see what the words for these people, not autodats, but
- 31:27something like that. But um, you know, it's it's it's almost easy
- 31:36to say that he's making this up at this point, because nobody can really
- 31:40understand how somebody could remember all of this in such detail, you know,
- 31:48after some months of something that seemed insignificant at the time. So fast forward
- 31:55a little bit and we're going to take a look at somebody else. Another
- 32:01researcher who made their way to Dallas and managed to catch up with Carol Jarnigan
- 32:09on the advice of any Jones. And that man's name was very Earnest,
- 32:15author of the Grillom Stairs, And it is from his book The Groom Stairs
- 32:23he says, as an attorney, I expect it's find a typically busy legal
- 32:29practice. But when I opened the door, I walked into an eight foot
- 32:34by eight room. My bathroom might be bigger than that. Maybe a few
- 32:44feet ahead was a single chair of her visitor. To my left, a
- 32:47startled man rose with small desk so quickly, and his chairs slammed into the
- 32:52wall behind him. Yarnigan was working out of a literal broom closet. Jarnigan
- 33:00was a frail person in averaging height. He wore glasses in a business suit,
- 33:07and probably in his early forties. He smiled as I entered. He
- 33:10offered me his hand, no doubt, expecting me to be another, maybe
- 33:14his only client of the day. As he sat back down, I told
- 33:17him the nature of my visit and would he mind answering a few questions.
- 33:22The smile left his face more quickly than it would have taken to traverse his
- 33:27meager office. He motioned for me to sit down as he reached for a
- 33:30cigarette. I settled into his only other chair, and minutes of silence drifted
- 33:37by. I don't want to talk about it, he finally said. I
- 33:43told him I only wanted to know what it was that made him so sure
- 33:46that the man he saw was the hearty Oswald. He refused to answer.
- 33:52Instead, he nervously puffed on one cigarette, and then another and another.
- 33:59This was making me uneasy. After ten minutes of this ship, I got
- 34:05up to leave. Jarnigan motioned for me to sit agaend. He apologize for
- 34:09his silent, saying he had argay provided the NPI with a full statement That
- 34:15agency had disbelieved him, he said, labeling in a case of misidentification,
- 34:22and that's the way I'm going to accept it, he said. He stared
- 34:25at me in a way that made me self aware then he averted his eyes
- 34:30as if it was me giving him the creeps, hoping to break the ice.
- 34:36I said it was Penn Jones who had mentioned his name, and he
- 34:38immediately asked how many deaths had occurred to witnesses up to that point and told
- 34:45him Jones had the number pegged at forty five. Well, I don't want
- 34:50to be number forty six, he muttered, And that's when it hit me.
- 34:53John Agan wasn't toying with me. He wasn't playing word games. He
- 34:59was for his life. Well, if I make you uncomfortable, I said,
- 35:06and he did nothing to stop me from leaving. This time. Jones
- 35:09told me there were people in Dallas who were afraid to talk, and I
- 35:15had just met one of them. And that is a very earnest visit to
- 35:22Carol Johnigan in Dallas, But it would not be his last visit. Right.
- 35:35Let's see here, all right, So he goes back to visit Carol
- 35:52john Agan. He knocks on the door. When I did, Carol Johnigan
- 35:57glanced up from his desk with a smile. Plea pleasantness left when he recognized
- 36:04who was knocking. Remember me, I said. He reached into his desk
- 36:08drawer and removed the pack of cigarettes, which he quickly opened and began to
- 36:13ignite. I certainly brought out it brought out a most unhealthy reaction in this
- 36:19guy. He waved his free hand towards the chair, indicating I should sit.
- 36:24Jarnigan had done nothing to redecorate the place. It smelled and looked the
- 36:30same as it had him when I was here at least five months ago.
- 36:34So okay, five months have passed in between meeting Jarnigan since the last time.
- 36:39He says, I remember you, he said. He proceeded to tell
- 36:44me my name, where I was from the exactly dating time of our previous
- 36:47meeting. He brought forth details of my past I had not remember telling him
- 36:52during the IDO chatter, and I apparently had lapsed into while we had talked
- 36:57last March. Then he gave me a verbatim recitation of the questions I had
- 37:02asked him back then in the answers he had provided, all without the benefit
- 37:07of notice. The man had a total or recall. So I began,
- 37:17can I get you to talk a bit about seeing Oswald at the Carousel Club?
- 37:22Jargon returned to his shill. I think profusely on what seemed like an
- 37:25endless supply of cancer stick. How many deaths? Now? He blurted out,
- 37:30what how many deaths of witnesses the Jones Show? Now, I don't
- 37:36really know. I haven't been in touch with him yet, he said,
- 37:39I'm sure it's higher than the forty five you mentioned the last time you were
- 37:43here. I had forgotten the number. As usual, Jaragan refused to answer
- 37:49my questions. He even declined my idea of simply nodding yes or no in
- 37:52lieu of a verbal response. After fifteen minutes of this nonsense, I got
- 37:57up to leave. Jargon raised his index figure and coughed out a plead.
- 38:01Wait, please sit down, he answers. He studied me a bit longer,
- 38:07and then broke in silence. It was Oswald I saw that night at
- 38:12the club. I asked how I could be so sure? Was his eyesight
- 38:15as sharp as his memory? He said he was able to see the man
- 38:19distinctly, since Oswald occupied the booth nest to where joining him was sitting,
- 38:23and based on the tantalizing conversation being overheard, the attorney had begun to play
- 38:30close attention. That was on October the fourth, nineteen sixty three. When
- 38:35Oswald's picture appeared on television and in the paper six weeks later, he said
- 38:39he immediately associated with and being the same man that he's a team with Ruby.
- 38:45Were there any other witnesses to what was being said? I asked.
- 38:49I was accompanied by a young woman. Her name was Shirley maub Malden,
- 38:54but she denies it now. Jardigan said much of the Eavesdrop conversation center on
- 39:00a plot by Chicago gangsters to eliminate Kennedy. The plot was successful, he
- 39:06felt, because the Ruby's connections to organize crime. You're not writing a book,
- 39:10am I right? He asked, No, I said, I was
- 39:13here strictly for my own curiosity. Good, he said, because I'm afraid
- 39:20that if I talk publicly about it, they'll get me too. Johnigan was
- 39:24concerned for his life because of the previous incident. During Jack Ruby's trial in
- 39:30early nineteen sixty four, Johniganson was awakened in the middle of the night by
- 39:34a car I linked his outside his bedroom window. As he drew the curtains
- 39:38back to investigate, he noticed the hose attached to the exhaust pipe at a
- 39:42vehm. The hose snaked its way over to the air conditioning unit that he
- 39:45had running in his window. Marbara monoxide gas was filling his room. Whoever
- 39:52has set up the contraption must have discovered that he was awaken Johnigan said,
- 39:57because seconds later the car spent away dragged I was behind it. The next
- 40:02morning, Jargon found an empty can of ether sitting outside the window. He
- 40:07discovered it too, had been poured into his fan. He had not been
- 40:10awakened, and why had he not been awakened? He would have been overcome
- 40:15by the combined fumes and Shirley died. Fortunately, the only consequence was a
- 40:22three day headache. Did he associated the attempt on his life is what he
- 40:25had seen at the Carousel Club? Most definitely, he replied, I am
- 40:30absolutely no other reason for why it occurred. And you never told any of
- 40:35this to the Warning Commission. They never contacted me, Jargon answered, I
- 40:39noticed. I notified the FBI right after the assassination about what I'd seen and
- 40:45heard at Ruby's Club, but I guess they weren't interested either. Other than
- 40:50Pennon Jones, You're the only person that I've really talked to. On December
- 40:58the fifth, nineteen sixty three, Joarnigan sent the FBI and eight page statement
- 41:01of his encounter. It ended up in the twenty six volumes. Even though
- 41:06the commission refused to question Jarnigan, it was still interested in what he had
- 41:08to say. Well Junior eight sixty before the Commissioner asked Dallas Ditric attorney Henry
- 41:15Wade, if you remember the name of an attorney he had previously met who
- 41:17claimed to have seen Oswald and Ruby. Wade that I can't think of his
- 41:22name. Some of you all may know it, but he was a lawyer
- 41:25there in Dallas Rankin as a lawyer that you referred to. Carol Joarnigan Wade,
- 41:31Carol Jarnigan, it is his name, yes, sir. Wade said
- 41:36he met Jargon while prosecuting Ruby for Oswald's murder. He described him as one
- 41:43as one of some eight to ten witnesses he came forward with information about a
- 41:49possible connection between the two. According to Wade, Jarnigan had approached him with
- 41:53an offer to serve as a witness during the trial. Wade he told me
- 41:59this is what and I said, I can't put you in a stand without
- 42:05I am satisfied you are telling the truth, because we have got a good
- 42:07case here, and if they proved we are putting a line witness on a
- 42:12stand, it might hurt us. The only thing I know to do,
- 42:15or the only thing I know to do, I won't put you in a
- 42:19stand, but to take a polygraph to see if you were telling the truth
- 42:22or not. He said, I'd be glad to This was during the trial,
- 42:28actually, and when the man called me, he took a line detector.
- 42:32There was no truth in it. But he was in the place.
- 42:37He was in the place and Ruby's carousel, but that none of this conversation
- 42:40took place ranking he found that it was not anything you could rely on waiting.
- 42:49I didn't use him as a witness, And after giving him the polygraph,
- 42:52I was satisfied that he was imagining. I think he was sincere.
- 42:55I don't think he was trying. I don't think he was trying to be
- 42:59a hero or anything. I think he really thought about it so much.
- 43:02I think he thought that had happened, but the polygraph indicated otherwise. I
- 43:08asked Jarnigan why he chose to talk to the DA if he feared for his
- 43:13life. I thought I could help jarning In reply, and the attempt on
- 43:16my life did not occur until after I had offered my information to Henry Wade
- 43:21in the polygraph tests. The Wade told the Commission had showed you when not
- 43:23telling the truth. Jarnigan just shrowed, what can I say? The polygraph
- 43:30is notoriously unreliable, and I was very nervous. I was aware of and
- 43:34how the government was describing their relationship between Ruby and Oswald, and I knew
- 43:38different. Suddenly Jarnigan went muted, perhaps sensing he had said it. No
- 43:44but two one. I decided to leave after one final question, how do
- 43:50you know, in all honesty and was such such sincerity, without any doubt
- 43:52at all, that the man you saw talking with Jack Ruby that night with
- 43:57Lee Oswald? Could you possibly have been mistaken? The attorney took a long
- 44:02final puff on his cigarette and then slowly snuffed it out in the ash tray.
- 44:09He leaned back in his chair, classed his hand behind his head,
- 44:15and without expression, looked me squarely in the eyes for what seemed like several
- 44:19minutes. It was Oswald. I know it was him. So that is
- 44:31the very earnest ROYLD. Jarnigan encounter. What do you guys think? What
- 44:38do you believe. And I know I've talked about this encounter in the past
- 44:45on the show in the context of this possibly being a not a Ruby Oswald
- 44:58and a Ruby pray for the conversation. You know, I don't know.
- 45:07It all seems a bit odd to me that a lawyer would just make all
- 45:13this stuff up out of the blue. Um for what reason? I have
- 45:17no idea. And it's also very interesting that on his second trip he was
- 45:30astounded at John Agan's photographic memory of details of their conversation, end of their
- 45:37conversation, specifically that he didn't even remember telling him. So it was John
- 45:46Agan telling the truth. Who knows the interesting think about folks? All right?
- 45:57Next up, let's talk about police protocols, whether or not the Dallas
- 46:06PD followed them or not. In investigating this changes, I managed to find
- 46:10a fifty page report to all the dogs, the Dallas Police collection of evidence
- 46:20handling your evidence witnesses, whether or not a match the state protocols the federal
- 46:25protocols in place at the time in nineteen sixty three. Of course, we're
- 46:31not going to go through the entire fifty page report, but it is interesting.
- 46:35You can find it out there. It starts off kind of like this,
- 46:39so I'll just hit the highlights. I'm not going to read the whole
- 46:42thing to you, because, like I said, it is fifty pages long
- 46:45and I'm afraid my voice will die ten pages. It starts off fifty goals.
- 46:53The Dallas Police Department was to provide a quality, comprehensive, and impartial
- 46:58investigation of the Texans school Bopository in order to provide irrefutable evidence in the murder
- 47:04of President Kennedy. The basic processes for preserving, photographing, and collecting physical
- 47:12evidence used at the Texas school book Depository were flawed. Dallas Police Department used
- 47:17inferior techniques to develop latent fingerprint evidence, neglected the document, protect and collect
- 47:24all potential evidence in a timely manner. It may have inadvertently disregarded to any
- 47:30evidence that they could have identified an accomplice or exonerated Oswald altogether. However,
- 47:37why would they do that with the world watching? Perhaps confirmation bias drove an
- 47:44investigation that was below nationally acceptable standards. Perhaps stress precipitated the continent phenomena of
- 47:51unconscious and implicit habits. There are people who believe the Dallas Police department did
- 47:57an exemplary job working to crimes scenes of the Texas school Book Depository and others.
- 48:02Those supporters stressed the crime scene investigative standards of today should not be used
- 48:07to judge work completed in nineteen sixty three. However, Dallas Police is accountable
- 48:14for complying with the well published and generally accepted standards of nineteen sixty three and
- 48:20to the self proclaimed procedures of their own departiament. Dallas Police is resolutely established
- 48:25to be severely deficient, discounting forever the myth that they followed cretiball in processing
- 48:31the school book Depository and the shooting death Kennedy. So there's the setup,
- 48:45and let's see if we can find here the list of acceptable in nineteen sixty
- 48:57three practices. Here we go. These are the national investigative Standards of nineteen
- 49:02sixty three. It starts out the television series CSI Crime Scene Investigation and other
- 49:09similar programs for trade the modern crime scene investigators as highly trained, mologe educated
- 49:17technicians who have received extensive specialized training and all disciplines of crime scene investigation and
- 49:25evidence collection. In the nineteen sixties, crime scene investigators rarely had special training
- 49:32in the collection of physical or trace evidence. They relied on the Taget and
- 49:37Baggett method. The emphasis was placed on detectives catching the perpetrator using their people
- 49:44skills, putting little or no emphasis on crime scene investigation and investigations many excuse
- 49:52me. For many agencies, the physical evidence was only a minor part of
- 49:54the investigation. You used to confirm with detectives that already determined. Although there
- 50:00was no certifications to ensure proficiency and no specific experience with training requirements at the
- 50:07time of the assassination, there were generally accepted national standards for processing a crime
- 50:14scene. Paul L. Kirt in Crime Investigation from nineteen fifty three documented the
- 50:21criteria for these standards, and here they go. Number one, secure the
- 50:27scene to protect potential evidence and prevent witnesses from leaving the scene, and apprehend
- 50:32suspects. All right, let's take this one by one here, Now,
- 50:37how do you think the Dallas police did was securing the scene, protecting potential
- 50:44evidence, and preventing witnesses from leaving the scene and out there who needs sussivators.
- 50:51Well, I can tell you they didn't apprehend the suspect. In the
- 50:55school book. If you believe the second room lunch the counter they had one
- 51:04and let him go allegedly. Um, I don't think they did a very
- 51:10good securing the building beings, as how, employees were running in and out,
- 51:19reporters running in and out to use the phone, people going in and
- 51:25out through the front doors, the back doors, you know, for quite
- 51:30some time, you know, I'll probably up to fifteen or twenty minutes after
- 51:35the assassination. The scene was not secured very well, and at some point
- 51:44Oswald left the building, you know, so number two reform and organized and
- 51:54through searched. Now this wasn't done. We have you know, the Accountcil
- 52:06Marian Baker and coolly running up these stairs to the fifth floor where they got
- 52:14in an elevator, went to the seventh floor and came back down floor by
- 52:19floor by floor. Baker did not wait for backup, he didn't fall from
- 52:28back up. He immediately charged into the building sound solo and tried to apprehend
- 52:37a suspect in the building. What he should have done is immediately called for
- 52:45backup, hosted somebody at the front entrance of the building, and ran around
- 52:53to the back of the building and covered that entrance exact and notified on the
- 53:00radio for any police in the area to assist in securing the building. Don't
- 53:06let anybody in around Once every entrance and exit was covered on that building.
- 53:15Only then should they have proceeded inside and done an exhaustive floor by floor search,
- 53:25starting into lower levels and working their way up. They might have actually
- 53:34caught somebody had they done this quickly enough, instead of Marian Baker deciding to
- 53:40be a superman that day and rush caphazardly into the building on his own.
- 53:51But instead we got a very different outcome. So we're over two heres number
- 53:58three photograph all potential evidence institu Okay, was this done? H I d
- 54:13U been? Not? Really? I mean where was the We don't have
- 54:20pictures of the rifle bag institu um. We know that the shells were picked
- 54:29up and then thrown back down the floor. We don't know whether they were
- 54:34photographed first where after they've been thrown back on the floor. Even pictures of
- 54:40the sniper's nest we're taken after the boxes were moved out of the way to
- 54:49search the area, So that any any picture you see of the sniper's nest
- 54:55and how the boxes were sitting on the floor, and how there resting on
- 54:59the windo, the still and all that jazz. That is actually a reconstruction
- 55:04of what they thought it looked like when they first got up there. That
- 55:07was not any photographs taken to that area. We're not institution, So how
- 55:15much of this evidence can we rust? They would have had a lot of
- 55:21problems going to court with this evidence and their collection of it with a good
- 55:27lawyer that would have just accord them apart form apart Number four indicate on a
- 55:36sketch the location of all potential evidence maybe pieces and parts of what were done
- 55:45maybe maybe, But again we don't know whether they were done from memory or
- 55:52they were done right there on the spot. So you know, the useless
- 56:01Number five complete a detailed description of the location and condition of potential evidence.
- 56:10So there should be a report, an organized report of where the evidence was
- 56:19located on the floor. Now we do have some reports from different folks.
- 56:24Um, you know, I think there's there's a couple of reports out there
- 56:31that mentioned different people that found the rifle, different people that were identifying things
- 56:39maybe with different people that found the shelves, but not one definitive statement of
- 56:47evidence. Position number six, develop and collect fingerprints. Was this done immediately
- 57:00and in scum or was this done after certain things we're taking downs of the
- 57:07station. It's hard to say. But again, does it matter one way
- 57:13or the other. If we have a suspect who worked in the building,
- 57:20surely his fingerprints are going to be on things, So at that point doesn't
- 57:23really matter. Does it really matter? Well, it kind of matters.
- 57:30We are talking about things that don't belong in the building, like a rifle
- 57:36and shells. You know, you have all these other people picking the ship
- 57:38up and handling it with no gloves on. Does that contaminate the evidence before
- 57:45you even try to fingerprint? Sure that was a very dumb move on their
- 57:52part, very dumb move. Number seven collect the evidence, which they did.
- 58:06We have pictures of it coming out the front door. Sure enough.
- 58:12We have a Lieutenant Day carrying the rifle by the strata. But the front
- 58:16door we have somebody else carrying out this gigantic rifle bag on a stick or
- 58:22something. I don't know what was holding it up in there, but that's
- 58:29about it. You know, surely the shelves couldn't fit in somebody's pocket.
- 58:35But how good of a job did the Dallas Police do searching the school book
- 58:39Depository. Well, obviously not a very good job, because you know what
- 58:45they didn't find. They didn't find Oswald's clipboard. It was found by an
- 58:57employee a couple of days after these fascination stuff behind some boxes. They're on
- 59:02the sixth floor. No, it was apparently, hey, we're not doing
- 59:07any more work, what do you need your clipboard for? This would have
- 59:13been the clipboard that he put his orders on that he went around and collected
- 59:15the books for. So how good of a job did the Dallas Police do
- 59:23searching the building? It seems to me, you know, when you're looking
- 59:27at Aliyah's film and you see pictures, there is way way, way too
- 59:32many people in that building on that floor, searching, collecting and processing evidence.
- 59:45Way too many. Not to mention people up there that shouldn't be up
- 59:50there, such as school book employees, depository employees, news minute, people
- 1:00:00with video cameras, people with movie cameras, people with still cameras. It
- 1:00:07don't work for the police department. I'm glad they were up there because we
- 1:00:12got to see some things, but they shouldn't have been allowed up there were
- 1:00:16in the building at all. Lieutenant Carl Day was a supervisor for the Dallas
- 1:00:22Police Department unit that investigated homicide homicide crime scene in a state leading the nation.
- 1:00:30They recorded murders from nineteen sixty through sixty three eighty the Dallas population was
- 1:00:35running fourteenth in the nation. Therefore, it's reasonable to believe a fifteen year
- 1:00:39veteran of that unit would have had experience in investigating homicide scenes in a city
- 1:00:45ranked fourteenth in the nation. It's also reasonable to expect Day was exposed to
- 1:00:51multiple opportunities to training referencing national standards for investigating crime scenes, published works describing
- 1:00:57in detail the generally recognized national standards for investigating crime scene to have been readily
- 1:01:01available since the early fifties. Media coverage of trials such as the Sam Shepherd
- 1:01:07trial and fifty six was extensive, detailed, and captured the attention of the
- 1:01:10nation. The Shepherd trial focused exclusively on the crime scene investigation, and subsequent
- 1:01:16reporting familiarized in public with national, nationally accepted investigative standards. The investigated procedures
- 1:01:24presented in the Shepherd trial were still in effect in nineteen sixty three. The
- 1:01:30following is a look at those standards and the subsequent evidence to demonstrate Dallas Police
- 1:01:34Department either complied with or ignored by the owner. The Dallas Police Department,
- 1:01:38and specifically Lieutenant Karl Day as the supervisor, should have been familiar with the
- 1:01:45well published and generally accepted crime scene investigation standards of sixty three and a minimum
- 1:01:51day, and other officers on the crime scene should have compiled are complied with
- 1:01:54the self acclaimed procedures of their own department. The record, unfortunately indicates that
- 1:02:01the first priority upon arrival at the crime scene is to ensure the safety of
- 1:02:05officers and the public by determining that the perpetrator is not present. Once officers
- 1:02:09are confident the perpetrator is not present, they are to obtain potential witnesses and
- 1:02:15others found at the location. Comprehensive questioning of witnesses may assist with identifying a
- 1:02:20perpetrator, providing a description of the perpetrator, and indicating items within the scene
- 1:02:25the perpetrator may have touched or taken. National protocols indicate the secondary responsibility of
- 1:02:31officers president is to protect the scene from contamination. This means restricting entry to
- 1:02:37unauthorized personnel by placing offers as strategic locations in all points of entry. Dallas
- 1:02:44police officers should have been posted immediately at each point of entry, permitting only
- 1:02:47those individuals with a specific purpose to enter the building. By the early fifties,
- 1:02:53nationally accepted standards of protecting the scenes from contamination as a currying potential witnesses
- 1:02:59and so were well established. Personnel with access to the scene were to utilize
- 1:03:05caution to prevent alteration of the scene, contamination of, or destruction of potential
- 1:03:10evidence. Investigators were to wear cotton gloves to prevent depositing their own fingerprints on
- 1:03:16items of evidence. Evidenciary items were not to be touched prior to their documentation
- 1:03:22by photography and placement in a sketch. Officers were not to discord items such
- 1:03:28as matches, cigarettes, disposable food containers or trash within the crime scene.
- 1:03:34Were to be cognizant of small items of evidence that could be stepped on,
- 1:03:37both things that could be smeared, transient evidence that may degrade or disappear quickly,
- 1:03:42such as smooth but to be immediately documented in written form and essence until
- 1:03:47all evidence was collected, the crime scene investigation complete, and the scene ready
- 1:03:52to be released. The scene was to be carefully preserved. So foz is
- 1:04:00there any mention by the Dallas police of the smell of gunpowder on the sixth
- 1:04:05floor that day? I mean, a rifle was shot allegedly three times from
- 1:04:12this building by this window. Did anybody say anything about the smell of smuggling
- 1:04:20or the smell of gunpowder on the sixth floor? The answers no, the
- 1:04:28answers no. Did they comply with national standards? Some there was some talking
- 1:04:38to witnesses, There was some gathering of descriptions, and descriptions seminated the suspect,
- 1:04:43but at that point they had no idea whether or not the suspect was
- 1:04:47in the building or not. They assumed he was not because proper securing of
- 1:04:57the building did not occur until twenty minutes after the assassination, and by then
- 1:05:04your crime scene, it's fucked, it's contaminated. Now there's a say,
- 1:05:12oh no, no, no. The Dallas police did a great job that
- 1:05:15day. You know, Marian Bakers to be committed for rushing into the building
- 1:05:19to hopefully get at the perpetrator and prevent further home to the public. Blah
- 1:05:24blah blah, sealed off the building relatively quickly. YadA, YadA, YadA.
- 1:05:30Now, the shooting of the President happened at about twelve thirty pm.
- 1:05:40From twelve thirty one to twelve thirty three pm, Dallas Police officer Marian Baker
- 1:05:44entered the school Book Depository searching for an unknown shoot. At approximately twelve forty
- 1:05:50pm, Dallas Police Inspector Jay Herbert Sawyer ordered the building sealed. Okay,
- 1:05:57so this is within ten minutes to the shooting. Herbert Sawyer orders the building
- 1:06:02sealed. So how good a job to do sealing the building, folks?
- 1:06:10Well, I'll tell you pretty shitty. Because of twelve fifty pm, ten
- 1:06:15minutes after the orders sealed the building, I was dealing. Secret Service agent
- 1:06:18Forest of Sorrels entered an unsecured door at the rear of the school Book Depository
- 1:06:24building. Hi, notch job, folks. The curious nature of news media
- 1:06:34is what makes them good at their job. Unfortunately, that curiosity I'm not
- 1:06:39allowed to run and check, can be destructive to potential evidence unbeknownst to them,
- 1:06:44resulting in an investigation with distorted conclusions. The official record contains several examples
- 1:06:48of newsmen having access to the crime scene while the scene was still being processed
- 1:06:54for physical evidence. FBI special agents Vincent Draine and James book Out interviewed all
- 1:07:00day concerning persons other than police off holders which were present on the sixth floor
- 1:07:04on the afternoon of the shooting, and their reports stated thus, on Saturday,
- 1:07:10November twenty third, sixty three, many persons unknown to him had apparently
- 1:07:14been on the sixth floor of the school book Depository building and had taken a
- 1:07:16lot of photographs. In view of the fact that he noticed many empty film
- 1:07:21pack cartons where the boxes were located, and the boxes had been rearranged apparently
- 1:07:27for the purpose of taking photographs. FBI special agent drained and interview crime scene
- 1:07:32investigator Robert Studebaker on September ninth concerning his activities on the sixth floor. Studebaker
- 1:07:39told the agents there were literally dozens of news media representatives from radio and television
- 1:07:45stations, newspapers, and magazines on the sixth floor. There were no restrictions
- 1:07:49on newsmen and law forcement officers from moving freely about the building. Any of
- 1:07:56these individuals may have possibly handled the four cardboard boxes that were sent the FBI
- 1:08:00for examination stude Baker also confirmed and on Saturday, November twenty third, newsmen
- 1:08:06were all over the building, particularly the sixth floor. The newsmen were generally
- 1:08:12looking for and examining anything that might have been related to the shooting of President
- 1:08:16Kennedy and the governor. Finally, day and Studebaker's statements to the FBI concerning
- 1:08:24the press having unrestricted an unsupervised access to the sixth floor was corroborated by the
- 1:08:28words Commission testimony of Ira Beers in nineteen sixty three, photographer for the Dallas
- 1:08:32Morty News. Regrettably, Beers wasn't asked who had allowed the unstranged persons to
- 1:08:39enter a crime scene while I was still being searched. Griffin, can you
- 1:08:44give us an estimate of what time that would have been when you were up
- 1:08:46there taking the pictures on the sixth floor? Beers, This would strictly be
- 1:08:53a guest an estimate. Probably around four o'clock. It was quite late in
- 1:08:57the afternoon, and probably later. Now one of your pictures that you took
- 1:09:00were any of the objects that were allegedly found up there on the six floor
- 1:09:04photographs such as the position of the rifle in the placement of the boxes and
- 1:09:10other materials in the window from which the assassin isn't it from which the assassin
- 1:09:15is believed to have shot beers. Yes, prior to admitting us to the
- 1:09:20building, I made pictures of a sack, a very long narrow sack type
- 1:09:26of affair that was brought from down there at pot bottles and pieces of chicken.
- 1:09:30And I also made a picture of the rifle, which I believed was
- 1:09:32Lieutenant crawl Day from down with Police Crime lad brought that and upon going in
- 1:09:39the building, the photographed the area where the rifle was found. I photographed
- 1:09:43the area around the window from which the assassin was supposedly seated. I moved
- 1:09:46into that area made a picture from the window supposedly the window from which the
- 1:09:51bullets were fired. That showed a little corner of boxes which possibly the rifle
- 1:09:56rested on. It shows the street down below where the automobile was traveling when
- 1:10:00the president was killed. Now, with such a high profile case, there
- 1:10:04must have been an inordinate amount of pressure on the Dallas Police Department to provide
- 1:10:08accurate and timely information to the public. Normally, limited information is released to
- 1:10:14the media until a full understanding of the event can be developed and evidence has
- 1:10:17been secured. Access to a crime scene via media should be denied to prevent
- 1:10:23contamination or alteration of the scene and interference with investigative procedures. So there you
- 1:10:33have at FOMUS, and then we talk a little bit about evidence contamination.
- 1:10:40The Lieutenant Carl Day testified that after the rifle was discovered and approximately one twenty
- 1:10:47two, it was photographed and he personally took it to the police department for
- 1:10:53digital processing. They said he returned to the depository around three pm the same
- 1:11:00day and remained there till six. No questions were asked the day after scene
- 1:11:03had been secured while he was gone or under whose supervision student bating, Student
- 1:11:09Baker was working day I went back to the school book depository and stayed there.
- 1:11:15I was around three that I got back, and I was in the
- 1:11:16building until about six, directing the other officers as to what we needed and
- 1:11:21way of photographs and some drawings and so forth, dealing what did you do
- 1:11:27when you got back? What photographs did you take? Day we went,
- 1:11:30We made at the outside photographs of the streets. We made more photographs inside
- 1:11:35and did further checking for prints by using dust on the boxes around the window.
- 1:11:42So you know this is only after river. You have, you know,
- 1:11:47a ton of Dallas police, a ton of Sheriff's deputies, secret service
- 1:11:56employees, all having been on the building answer the shots. So it's just
- 1:12:03shoddy police shotting. Let's talk a little bit about chain of custody focus.
- 1:12:11Chain of custody is a legal term that refers to the ability to guarantee the
- 1:12:14identity and integrity of items collected it as evidence on a crime scene. The
- 1:12:18purposes of litigation, it is necessary to have a written record the documents to
- 1:12:24possession, handling, and location of evidence from the moment it is collected until
- 1:12:29it is used in corneal A well maintained chain of custody in addition to assuring
- 1:12:33contamination alteration has not taken place, the chain of custody establishes proof that the
- 1:12:39item selected at the crime scene is the same evidence that is presented in a
- 1:12:42court of law. Based on Day's testimony, it appears the chain of custody
- 1:12:46for the case Singes is questionable. The envelope was unsealed and the names of
- 1:12:50persons possessing physical possession and a note of the corresponding time period were not documented.
- 1:12:57Apparently from the time of collection that approximately until at ten pm that evening.
- 1:13:01It is unknown who possessed the casing. Belon, that the shells been
- 1:13:06been out of your possession then day mister Simms had the shells from the time
- 1:13:13they were moved from the building or he took them from me at that time,
- 1:13:18and the shells I did not see again until around ten o'clock. Belan,
- 1:13:23who gave them to you? At ten o'clock day? They were in
- 1:13:26this group of evidence being collected to turn over to the FBI. I don't
- 1:13:29know who brought them back, Belan. Was the envelope sealed? Day No,
- 1:13:34Sir Belan, Had it been sealed when you gave it to mister Simms?
- 1:13:41Day no, Sir Belon, was the envelope ever sealed? Day No,
- 1:13:46Sir No, Sir No. In direct conflict with Day's testimony, Dallas
- 1:13:53Police Crime Seemed Detective Richard Simms testifying who did not or stream retain possession of
- 1:13:59the casings when they were collected saven I picked him up from the floor and
- 1:14:02he had an envelope there and he held the envelope ballpen ball. He didn't
- 1:14:06take them in your possession, did you sis, No, sir, I
- 1:14:11don't believe I did. You can't make this stuff up, folks. There's
- 1:14:18no clear concise tain of fustody to the possession from jail casings. Playing the
- 1:14:26simple and let's talk a little bit about souvenirs, folks. Some of the
- 1:14:33evidence collected by the Dallas Police Department Dury's investigation were kept as souvenirs by some
- 1:14:40members of the police department as evidence and Gary Savage JFK First Day Evidence.
- 1:14:45Savage describes how his uncle, Rusty Livingston, a detective assign to the Dallas
- 1:14:50Crime Lamp at the time of the assassination, admitted he kept five original photographs
- 1:14:56showing fingerprints located on the trigger housing of the rifle allegedly used by the Oswald.
- 1:15:02An original fingerprint card taken from Oswald and the Morgue was also retained by
- 1:15:05Livingston. Savage claims Livingston kept five eight by ten photographs that were never forwarded
- 1:15:12to the Warrant Commission as a personal momento. His action was clearly a breach
- 1:15:16of the chain of custody for evidence and the criminal investigation of Kennedy's death.
- 1:15:21It is rumored the Dallas Police Sargeant Gerald Hill provided evidentiary photographs to author Judy
- 1:15:28Bonner from her book Investigation of a Homicide, The Murder of John F.
- 1:15:31Kennedy in nineteen sixty nine. Detective Studebaker, who took many of the crime
- 1:15:36scene photographs inside the depository, told the House Select Committee that he had made
- 1:15:41numerous copies of evidence photos for fellow officers. The HSCA received first generation photographs
- 1:15:47and quotes, meaning that they were made directly from the original negatives from such
- 1:15:55individuals as the widow of Dallas police officer Roscoe White, of George de Mooreshield,
- 1:16:00and Dallas Detective Richard Stovall. Police are ethically obligated to observe the integrity
- 1:16:08of the investigation and their agency's reputation. It is important to prevent the appearance
- 1:16:12of impropriety and unbiased investigation on the part of those whose duty it was to
- 1:16:16conduct a fair investigation. Reporting of such items related to assassination investigation may have
- 1:16:23not been illegal, but it certainly seems unethical. So, yeah, you
- 1:16:28know, there's a big problem when you have the famous backyard photograph and nev
- 1:16:39Marina testifying to taking one photograph and then another version of the photograph pops up,
- 1:16:47and another version of the photo pops up. And you know, all
- 1:16:56of this stuff should have been in evidence, it should have been amported to
- 1:16:59the War Commission, and it was not. Um. So there's all kinds
- 1:17:04of things wrong with the way that the police and quote investigated this assassination.
- 1:17:18A good lawyer could have ripped this case apart in court very easily, at
- 1:17:29least, you know, insofar as much of the quote unquote official evidence.
- 1:17:35Good luck proving anything when you're chaining custody or social screwed up. Your your
- 1:17:43protocols are social screwed up. You didn't follow the procedure standards for the time
- 1:17:49to do anything into your vestigation. Um, it was just a mess from
- 1:17:56top to bob. So anybody what ever says Dallas place did a great job,
- 1:18:03you can say, no, they did not. No, they did
- 1:18:06not. I mean, look at the circus that was in the in the
- 1:18:13Dallas police headquarters. You saw how many news people were lining always when they're
- 1:18:18trying to walk Oswald around there. I mean they're literally two inches away from
- 1:18:25Oswald, sticking recorders in his face and blasting off pipoons and it was a
- 1:18:30circus, that fiasco, a circus side show, all for the benefit plus
- 1:18:41the world leading gout and not so much for the integrity of the investigation into
- 1:18:48Lee Harvey Oswald and the assassination. Anyway, that's it for me, Folks.
- 1:18:55Follow along on Twitter and TikTok at the Loan Going seven face book Long
- 1:19:00Gum on Facebook page, on YouTube, search for the Long Gum and podcast
- 1:19:04channel like subscribe and ring the bell to getting notified. That's right. Thank
- 1:19:12you again everyone for listening and following along. This is your boy. The
- 1:19:15trip will be big bad Bob and he is oh every three and he was
- 1:20:00playing a chill and everyone who wast ground she's a man. Don't believe for
- 1:20:15one that to tell you the be, the be, the life, and
- 1:20:31to tell you the bating that chill chatain Yet the little boy waiting long was
- 1:21:00so wild. The trumper rup and be gone the couple the p I do
- 1:21:09with ang and play a simple song. Don't be one tell you he bel
- 1:21:34have to tell you the bigging thing that you champain away. Ah we right,
- 1:21:58we rather ver away to know my rain from me A can of him.
- 1:22:03We got him head and he fell down and back head of his card
- 1:22:09one was on him head and the candy card on on down one. N
- 1:22:39the biggy, that duty kid. Yeah away, I'm where away m h
- 1:23:06bunder the lass. Run to the point. H