JFK ASSASSINATION ARGUMENTS
(PART 1171)


JAMES DiEUGENIO SAID:

What is the proof Oswald ever picked up the rifle?

Who is the witness who gave him the long box?

Where are the regulation documents which should be in the record for shipment of a weapon over state lines?

Where is the USPS card which authorized someone named Hidell to pick up merchandise at a box in someone else’s name?

If all of this is lacking, and it seems to be so, then Oswald picking up the rifle is a WC factoid. There is no real evidence, let alone proof, he did so.

Where is the proof the FBI was at REA [Railway Express Agency] the day of the murder to certify that Oswald picked up the handgun? Would that not have to be a necessity if the FBI was at DPD HQ? Which they were.


DAVID VON PEIN SAID:

LOL. Jim D. thinks the FBI would need to go to REA to confirm that Oswald took possession of Smith & Wesson revolver #V510210, even though Oswald had that gun IN HIS HAND just 35 minutes after Tippit was shot with it.

But DiEugenio is much more concerned about Oswald picking up that gun eight months earlier (as if that matters a whit).

In other words, let’s just ignore the fact Oswald was waving around the Tippit murder weapon in the theater (trying to kill more cops with it), and instead concentrate on how LHO took possession of it back in March. After all, chaff always trumps wheat in Jimbo’s world.

It’s hilarious to watch the lengths the CTers will travel to pretend Oswald was innocent of the Tippit murder too.


JONATHAN SAID:

David,

Let’s look at the situation you describe from an evidentiary standpoint.

At trial, you try to tie the revolver Oswald allegedly ordered to the Tippit murder weapon. You fail, because the chain of custody is lacking, and because the bullets in Tippet’s body cannot be matched to the pistol allegedly recovered from Oswald.

Please, to convince all here, without emotion or hyperbole, lay out the chain of custody from Seaport Traders to Oswald. Document each step. Then, please, address the bullets recovered from Tippit’s body and whether they were matched to the revolver Oswald allegedly had.


DAVID VON PEIN SAID:

Why on Earth do you think a “chain of custody” is needed from Seaport Traders to Oswald? Such a chain is not needed in the slightest way to prove Oswald killed Tippit.

Why?

Because Oswald had the Tippit murder weapon ON HIM when he was arrested in the theater. (Do you think somebody ELSE killed Tippit with Revolver V510210 and then gave that gun to Oswald in the next 35 minutes?)

What difference does it make HOW and WHEN Oswald came into possession of the Smith & Wesson revolver (V510210) prior to the 22nd of November? The critical issue is: he DID have it in his hands at 1:50 PM CST on November 22nd. That is a proven fact.

In short — Given the evidence in the Tippit case (including the various eyewitnesses), it is virtually impossible for Lee Harvey Oswald to have been innocent of shooting Dallas Patrolman J.D. Tippit on 11/22/63.


MICHAEL GIAMPAOLO SAID:

These DVP/DiEugenio debates are my favorite blogs.


DAVID VON PEIN SAID:

Thanks, Michael. I know I'm bound to be a bit prejudiced toward my own sites/blogs, but I too enjoy re-reading those battles with Jimbo every now and again. I always end up feeling refreshed after swatting down JD's delusions.


DAVID VON PEIN ALSO SAID:

I always get a kick out of the kooks like DiEugenio who seem to think that Mr. McAdams somehow "controls" everything I write on the Internet.

In truth, I've never met John McAdams in my life. And I don't have very much interaction with him on the Internet either, for that matter. And I've never met Dave Reitzes either. But DiEugenio and other nuts like him seem to think we are all "linked in" to some kind of "network", and that we have secret meetings to decide who's going to pick up the baton today to bash the CTers online. (Hilarious.)

I love reading that type of paranoid crap from CTers, though. It makes me smile, because it only further illustrates how WRONG the conspiracy theorists can be about something. And DiEugenio's nearly batting 1.000 too. He's wrong about everything, as we can see here.


MICHAEL GIAMPAOLO SAID:

There's nothing like dropping common sense grenades around the room.


KYLE GIZAS SAID:

Lol. That's hilarious. Debating the paper trail of the Carcano is one thing, but to be so concerned with how he got his pistol is astounding, given that it was found in his very own hands [lol].

So sad and funny how CTers can try and argue something right out of LHO's very own fingertips.


GLENN VIKLUND SAID:

DVP, who can be surprised? That's DiEugenio in a nutshell. And I bet the reason for questioning the chain of papers regarding Oswald's gun and simply ignoring that he carried it when he was arrested, is that he thinks it was planted on Oswald by the DPD at the theater.

Ever since DiEugenio claimed that "there's more evidence of a conspiracy than there is about the Holocaust", I'm having terrible difficulties in taking anything he says seriously.


DAVID VON PEIN SAID:

Oh yeah, Glenn. Jimbo thinks the gun was planted on Oswald by the cops. IOW--the police were satisfied with blaming an INNOCENT Oswald and just letting the real murderer of their fellow officer get off scot-free.


CHAD BESHEA SAID:

I must say the more and more I hear these nutty ideas, it only solidifies my belief Oswald acted alone.

How can anyone take ANYTHING these guys say seriously?


CHARLES WALLACE SAID:

David, you guys need to hear what I believe happened....

I was told by an anonymous poster (who I believe was a retired Dallas cop) that two Dallas policemen killed JFK. One of the officers tricked Oswald into bringing in his rifle, which he used to fire at the JFK limo. The other killed JFK by firing from the North knoll. Oswald killed Tippit when he thought Tippit was in league with the cop who tricked him. And also, Oswald thought Tippit was about to kill him.

You may not believe the story, but it fits the evidence. I cannot disprove it and have only found evidence that supports it.


DAVID VON PEIN SAID:

But, Charles, you will also have to agree that another scenario that "fits the evidence" is the scenario that has Lee Harvey Oswald, by himself and with no outside assistance which would require the intervention of any conspiracy whatsoever, killing JFK and Officer Tippit. Correct?

In short, no conspiracy at all was required in order for Oswald to have done the things the evidence says he did perform on 11/22/63.

And, btw, Charles, your scenario laid out in your last post above does not "fit the evidence" at all with respect to this quote of yours: "The other killed JFK by firing from the North knoll."

That conclusion, in fact, is totally at odds with what the evidence shows with respect to JFK's head wounds. The evidence (e.g., the autopsy report and the autopsy photos and X-rays) conclusively proves that the fatal head shot came from BEHIND the President, not from "the North knoll".


CHARLES WALLACE SAID:

Dr. Kemp Clark signed JFK's death certificate and testified:

"I then examined the wound in the back of the President's head. This was a large, gaping wound in the right posterior part, with cerebral and cerebellar tissue being damaged and exposed."

David, can you show me the autopsy photo that shows this large opening in the back of the head?


DAVID VON PEIN SAID:

There is no such photo, Charles. You know that. Everybody knows that. Such a "large, gaping wound in the right posterior part" of President Kennedy's head never existed, even though Dr. Kemp Clark did use those words in his Warren Commission testimony (at 6 H 20) to describe where he thought the wound was located.

But the autopsy examination and the photos and X-rays of the deceased President prove that Dr. Clark and many other witnesses were wrong with respect to the location of JFK's large head wound.

Simply put, the photos and X-rays trump any witness who said there was a large gaping HOLE in the back of JFK's head.

You, Charles, don't trust the photos (or the HSCA's Photographic Panel which said those pictures had not been altered). I, however, have no reason to think the HSCA's Photo Panel was lying through its collective teeth when it said this on Page 41 of HSCA Volume 7 --- "The evidence indicates that the autopsy photographs and X-rays were taken of President Kennedy at the time of his autopsy and that they had not been altered in any manner."




David Von Pein
May 3, 2014—August 31, 2016




JFK ASSASSINATION ARGUMENTS
(PART 1170)


ROBERT HARRIS SAID:

The erased characters [on CE842] are the problem.


DAVID VON PEIN SAID:

Robert, you can't prove any initials were "erased" on Commission Exhibit 842. You just want to believe that.

And even if something was erased, you can't prove that such action was conspiratorial in nature. Can you, Bob?


ROBERT HARRIS SAID:

The chain of possession was deliberately altered.


DAVID VON PEIN SAID:

There is absolutely no evidence that there was any SECOND envelope containing a whole bullet from Governor Connally's leg. That's your overactive imagination at work again, Bob.

There is ample proof from Dr. Charles Gregory's testimony that no bullet was found inside Governor Connally's leg (or anywhere else in his body). If any bullet had fallen out and was picked up by a nurse, Gregory would certainly have known about it. Don't you think, Bob?

Bottom Line ---

There is ONE envelope (marked "bullet fragments") that was filled out by Audrey Bell. And that ONE envelope has not only Bell's own handwriting all over it, it also has Bobby Nolan's initials on it. Those two things are on the SAME ENVELOPE. And there's no evidence that Bell filled out a SECOND foreign body envelope.

Don't those two things (occurring in tandem on the same envelope)--Bell's handwriting and Nolan's initials--mean anything significant to you, Robert Harris? If not, why not?


ROBERT HARRIS SAID:

We also know for a fact that one of the two bullets the FBI flew in from Parkland evaporated. To make that work, the initials of that nurse HAD to be gotten rid of.


DAVID VON PEIN SAID:

The things that conspiracy kooks "know for a fact" are meaningless. Because, as we all know, conspiracy theorists get almost nothing right when it comes to the JFK case. Most of them (who post on the Internet anyway) can't even figure out that Lee Harvey Oswald shot JFK and Tippit.

There positively was no second whole bullet flown to Washington from Parkland, because no such bullet existed in the first place, and no CTer can prove it ever did exist.

The discrepancy in the time log for when the FBI's Robert Frazier received Bullet CE399 was undoubtedly a simple bookkeeping error. Nothing more.

If it HAD been anything more than a simple, common bookkeeping error, then WHY ON EARTH WOULDN'T THE EVIL FBI HAVE ERADICATED THAT NOTATION IN THE LOG ABOUT A SECOND BULLET BEING RECEIVED BY FRAZIER?

Please explain the logic of your bumbling plotters (the FBI), Bob? They can cover up all kinds of stuff and eliminate all types of evidence, but they can't erase a "7:30" notation on a piece of paper?

Hoover's boys must have all attended "The Barney Fife And Goober Pyle School For Cover-Up Agents".

David Von Pein
May 19, 2010




JFK ASSASSINATION ARGUMENTS
(PART 1169)


IN A DISCUSSION AT YOUTUBE, SOMEBODY WITH THE USERNAME "MindFlowersDotNet" SAID:

This [2003 ABC-TV documentary, "The Kennedy Assassination: Beyond Conspiracy"] is a shameful mess.

ABC and Peter Jennings: give us a break.

This is a fossil from the major news network era--we now have a much better read and informed citizenry. This is sham 'journalism' at its worst. Our nation, the world, and JFK deserve better than this junk.


DAVID VON PEIN SAID:

Yeah, right. As if 2003 was back in the Dark Ages.

In truth, this Peter Jennings documentary [also embedded below] is one of the best programs ever aired about JFK's murder.

The evidence against Oswald is every bit as strong now as it was in 1963/64. It hasn't vanished. It's all still there--to be totally ignored and manipulated by silly conspiracy theorists like Mark Lane, Oliver Stone, et al.

The American people deserve better than all of their "Anybody But Oswald" junk.




SOMEONE WITH THE USERNAME "VERDELUFE" SAID:

Mr. David Von [Pein], you have 1295 videos uploaded, most about JFK. Were they enough to give you an insight about what really happened in Dallas? Or [do you] still have a relationship with some of the conspirators?

80 to 90% of Americans believe in conspiracy. Get real. There is no chance you can brainwash someone today (except the low informed ones). In 1963, [it] was much easier for the government to do it. Not nowadays. I posted to you before. You don't approve most [of] the time.


DAVID VON PEIN SAID:

Brainwash? Maybe you should check my complete archive of videos again, because I'm not trying to "brainwash" you or anybody else.

I've uploaded plenty of stuff on my [YouTube] channel that promotes the idea of conspiracy in JFK's murder. Perhaps you missed them all.


"VERDELUFE" SAID:

If you don't want to brainwash anybody, how come you say this documentary is one [of] THE BEST programs ever aired about JFK?

This is PREPOSTEROUS. How can you hear Bugliosi, Posner, Robert Oswald etc.? Listen to Marina Oswald now [and] Jack Ruby.

If you watch the videos "History is proving LBJ killed JFK", "The Men Who Killed Kennedy", [and] Mark Lane interviews (especially Acquilla Clemons), [it] is enough to convince any mule. There are people today that still believe in Badge Man by White. I think you love to hate LHO.


DAVID VON PEIN SAID:

I said that the 2003 ABC documentary is "one of the best programs" on the JFK case because that happens to be my opinion of that particular program. If you disagree--that's tough. Am I not entitled to express an opinion? Or have conspiracy theorists cornered the market on opinions?

You are attempting to link a person's opinion with a supposed effort on my part to "brainwash" other people. And that's a silly idea.

If you want to talk about somebody "brainwashing" the masses, go seek out Oliver Stone. He's a brainwashing expert. Click Here.

David Von Pein
August 3, 2013




JFK ASSASSINATION ARGUMENTS
(PART 1168)


WILLIAM KELLY SAID:

Is the evidence and new witness statements in the book ["Into The Nightmare" by Joseph McBride] strong enough to reopen the Tippit case?


JOSEPH McBRIDE SAID:

That might be worth doing. As you know, Dallas County now has an excellent DA, Craig Watkins, who is rectifying many of Henry Wade's injustices. It would be up to Mr. Watkins whether to reopen the case if he feels there is sufficient reason to do so. A grand jury could be convened. It is hard getting convictions on cold cases going so far back, but perhaps not impossible.


DAVID VON PEIN SAID:

Why on Earth would any sensible and rational District Attorney (or other court/law official) in Dallas County have any desire--or reason--to reopen the Tippit murder case when such overwhelming evidence exists that Lee Harvey Oswald--and only Oswald--was responsible for the death of Officer J.D. Tippit?

A D.A. would have to be totally off his rocker to just totally toss aside all the evidence brought forth by the DPD, the Warren Commission, and the HSCA that indicates beyond all possible doubt that the murder of Tippit was solved by 7:10 PM CST on the very day that murder occurred.

Just the suggestion of reopening the Tippit murder case (of all cases) is beyond laughable. It's farcical.


PAT SPEER SAID:

Oswald was never convicted in a court of law.


DAVID VON PEIN SAID:

But the evidence against him is still there on the table for any District Attorney to thoroughly examine prior to deciding to reopen the case -- regardless of whether or not Oswald ever went to trial.

And the evidence against ONLY Oswald is multi-faceted too -- the best combination possible -- hard physical evidence (LHO's gun on him in the theater linked to the bullet shells at the scene of the crime, plus the many eyewitnesses who fingered Oswald as the killer or running from the scene with a gun in his hand). That combination of corroborative types of evidence is a prosecutor's dream.


PAT SPEER SAID:

Should new evidence emerge, or surface with the publication of [Joseph McBride's] book, a re-examination should follow.


DAVID VON PEIN SAID:

Hooey. Conspiracy theorists have been saying they've got "new evidence" to prove a conspiracy in the JFK and Tippit cases all the time. How many times have you read a blurb attached to a new conspiracy book claiming that "This is the book to read! The conspiracy is proven between these covers!"?

But nothing is going to make the solid evidence against Lee Harvey Oswald (along with Oswald's own incriminating actions) disappear into a pile of dust, regardless of the number of conspiracists who have claimed they have unearthed "new groundbreaking evidence".

Oswald practically confessed to J.D. Tippit's murder, as discussed here.


PAT SPEER SAID:

Even if Walker quoted Oswald correctly, David, there is nothing in the statement to suggest Oswald killed Tippit.


DAVID VON PEIN SAID:

Well, Oswald didn't come right out and admit to Officer C.T. Walker that he had just gunned down a policeman, that's true enough.

But at the same time, I'm trying to imagine an INNOCENT person, who didn't shoot anybody, making the following statement to a police officer right after being arrested in a violent struggle, during which he is waving a gun around trying to shoot some cops and screaming "It's all over now" and/or "This is it"....

"Well, they say it just takes a second to die."


PAT SPEER SAID:

The officer gave Oswald some attitude ("you might find out") and Oswald gave it right back. That's what men (particularly Marines) do. Guilty or not.


DAVID VON PEIN SAID:

Maybe some people would be so cocky and sure of themselves. But since we all know that Oswald positively murdered Officer Tippit (that's not even a debatable point after evaluating all the evidence), we can therefore KNOW that Oswald's cockiness was most certainly not born out of INNOCENCE. He killed Tippit and he started playing around with the cops almost immediately--even on the way to City Hall in the police car.


PAT SPEER SAID:

When one looks at the sum total of Oswald's behavior after the shooting, in fact, one finds that Oswald was way cooler and calmer than everyone around him.


DAVID VON PEIN SAID:

Which is, IMO, something that leads toward his guilt much more so than his innocence. Either that, or Lee Harvey Oswald was one heck of an actor and should have probably won the Oscar instead of Gregory Peck.

And, btw, that "sum total of Oswald's behavior after the shooting" needs to include more than just Oswald's actions and statements AFTER being arrested. We need to look at his bahavior and actions BETWEEN the time JFK and Tippit were shot and the time of his arrest in the theater.

And during that "in between" time, Oswald did things that reek with a guilty state of mind:

1.) He leaves the TSBD within approx. three minutes of JFK getting shot. (And JFK just happened to get shot with OSWALD'S own gun. But maybe that was just some more of Lee Oswald's severe "bad luck" that he was experiencing on 11/22/63.)

2.) He takes a taxi to his room....which is extremely out of character for the miserly Mr. Oswald. (What was his hurry anyway, if he was only intending to go to the movies after work?)

3.) He grabs a gun.

4.) He's seen acting "funny" and "scared" outside Johnny Brewer's store.

5.) He pulls a gun on policemen inside the Texas Theater.

6.) He shouts one or two things in the theater that can only be looked upon as being quite incriminating in nature. (I mean, how do CTers reconcile a statement like "It's all over now" within a theory that has Oswald INNOCENT of any wrong-doing on Nov. 22? WHAT is "all over now"? Do conspiracy theorists ever say?)

In summary -- Oswald's actions after 12:30 PM on November 22 are practically a blueprint or a road map to his guilt (and conviction).

How can anyone examine Oswald's post-assassination actions, movements, and statements and still think he was an "innocent patsy"? How is that even possible to do?


PAT SPEER SAID:

It seems just as likely, however, that he KNEW he was innocent of killing Kennedy, and knew either 1) how to prove it, or 2) who was responsible, and was waiting for the right time and right person with whom to share this info.


DAVID VON PEIN SAID:

That's a cop-out, Pat. Oswald never uttered a word about anyone else being involved. But CTers like to use the excuse of "Oh, he was just waiting until the right time to spill his guts."

The CTers are, of course, free to believe that if they want to. But it doesn't have the ring of truth, in my view. What was he "waiting" for? If he's innocent of shooting anybody, why not spill the beans BEFORE he's actually officially charged with the President's murder? Or Tippit's murder?

Oswald was guilty of both of those murders, Pat. And I think you're way too smart to believe otherwise.

David Von Pein
July 26-30, 2013




JFK ASSASSINATION ARGUMENTS
(PART 1167)


MICHAEL WALTON SAID:

Behind all of the somber nods and frowns during that entire weekend [of JFK's assassination], I've always thought this photo spoke volumes. Even the guy who took it said he thought it was "sinister":




JOE BAUER SAID:

That infamous Albert Thomas "wink" photo seconds after LBJ's swearing in on Air Force One is still as disturbing and disgusting and sickening and suspicious to me now as the first time I saw this. .... That picture says a thousand words (maybe not quite a thousand) about LBJ and his crooked cronies...in my opinion.


DAVID VON PEIN SAID:

But the fact that Albert Thomas winked at Johnson at a time when Thomas certainly had to know that photographer Cecil Stoughton was present in that super-small compartment of Air Force One (and everybody could probably even hear Stoughton's camera shutter clicking away as he took all of these pictures of the swearing-in scene) is virtual proof in and of itself that Albert Thomas was certainly not one of Lyndon Johnson's "crooked cronies" (certainly with respect to JFK's murder at any rate).

If a situation had existed in which Albert Thomas did, in fact, possess some knowledge of a conspiracy plot which was designed to elevate LBJ to the highest office in the land, with Thomas then winking at Johnson right after he was sworn in (serving as a congratulatory message to President Johnson that the assassination plot had been pulled off successfully), with Thomas knowing full well that his "wink" would very likely be captured on film by White House photographer Cecil Stoughton, then I think it would be safe to say that Representative Albert Thomas of Houston, Texas, would have been the top candidate for the "Brass Balls Award For 1963".

Anybody disagree with that?


JIM HESS SAID:

Big ol' '60s camera in his face and he covertly winks?


DAVID VON PEIN SAID:

Right. That's what a lot of CTers believe. It's preposterous.


TED RUBINSTEIN SAID:

Von Pein doesn't attempt to explain it, I noticed.

[...]

Von Pein doesn't even comment on the inappropriateness.


DAVID VON PEIN SAID:

I think Thomas' wink was basically the equivalent of a "Good Luck" handshake. Nothing more. And how anyone can think it is anything more than that is beyond me, seeing as how Thomas had to know that Stoughton was snapping away with his camera just a few feet away.

Do you, Ted, really think Thomas' gonads were THAT large?


TED RUBINSTEIN SAID:

I think perhaps he had no love for JFK.


DAVID VON PEIN SAID:

Big deal.


PAT SPEER SAID:

You can't be so smug on this one, David.

1. Thomas was dying of terminal cancer, and may not have cared much if Stoughton saw him wink.

2. Stoughton himself thought the wink was suspicious.

3. After LBJ's behavior on the plane became an issue in 1967 (with the release of the Manchester book), all of Stoughton's photos were published. With one exception. The wink photo.

4. When David Lifton contacted the LBJ Library to purchase copies of all the Stoughton photos, they sent him a copy of a print of the wink photo, as the negative had disappeared.

5. Richard Trask confirmed that the negative to the wink photo is missing from the Library.

Well, heck. This suggests that someone at the Library, almost certainly working for LBJ, sifted through Stoughton's photos and destroyed the negative of the wink photo. But forgot to look through the initial prints, and destroy the original print as well. Hmmm...


DAVID VON PEIN SAID:

Thanks for the extra info, Pat.

But whether he was sick or not, I think you'd have to agree with me, that if Albert Thomas had been privy to some kind of assassination conspiracy plot to murder JFK, the wink that Thomas threw to Kennedy's successor in full view of Cecil Stoughton's camera lens would have been a demonstration of blatant brashness and boldness that we aren't likely to see very often from someone who possesses knowledge of a covert nature—knowledge which that person certainly would not have a desire to flaunt so conspicuously and unnecessarily.

And I also have to assume that the conspiracy theorists who think Thomas' wink should be placed in the "suspicious" or "sinister" categories must also believe that President Kennedy's praise and admiration of Representative Thomas during JFK's speech in Houston the night before the assassination (audio below) was praise and admiration that most certainly was not reciprocated by Mr. Thomas toward President Kennedy.

video


David Von Pein
August 23-24, 2016
August 23, 2016




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JFK ASSASSINATION ARGUMENTS
(PART 1166)


ROBERT HARRIS SAID:

The envelope which supposedly contained WC exhibit CE842 was obviously altered, with initials overwritten on partially or totally erased previous characters.


DAVID VON PEIN SAID:

Prove it.

Re: The chain of custody for Commission Exhibit No. 399:

Since you don't trust the FBI any further than you can throw them, it wouldn't matter if Rowley and Johnsen had identified CE399 or not. We'd still have CTers of your general ilk who would simply claim, "The FBI lied when they said that Johnsen and Rowley positively identified CE399 from their markings on the bullet".

This same kind of general distrust of the FBI has led you, Robert Harris, to believe that the FBI lied in CE2011 when they said that Elmer Todd said he saw his initials on CE399.

I, however, don't belong to such a group of distrusting disbelievers. The FBI document, CE2011, says that Todd identified CE399 via his own initials being seen on the bullet--and I believe that's true.

If the conspiracy theorists of the world want to think that the FBI lied in CE2011--fine. It won't be the first time a CTer thinks somebody lied in this case. But, I, on the other hand, am always very careful about who it is I label as a "liar".

You, however, Bob Harris, don't care how many people you have to label with the L word in order to make your conspiracy fantasy come true in your mind. If the number of lying scumbags reaches 200, that's just fine with Robert Harris. Then 200 liars it will be.

=======================

CHAIN-OF-POSSESSION ADDENDUM:

On September 6, 1997, John McAdams said this:

[Quote On:]

"OK, let's start with where it [CE399] ended up (Frazier and the FBI) and work backwards. Frazier testified about how he got the bullet from Elmer Todd (3H428). Both Todd and Frazier had marked their initials on the bullet (CE 2011).

Todd had gotten the bullet from James Rowley of the Secret Service. Rowley had gotten it from an agent, Richard Johnsen. Johnsen filed a report about getting the bullet (18H798-799), and forwarded a note along with the bullet (18H800). The note said, in part, " . . . the attached expended bullet was received by me about 5 minutes prior to Mrs. Kennedy's departure from the hospital."

The note further named the "person from whom I received this bullet" as O.P. Wright.

I can't find any WC testimony from O.P. Wright, although CE 2011 records that he passed the bullet along. And then, we have Tomlinson's WC testimony that he gave the bullet to Wright, and Johnsen's written statements that he got the bullet from Wright.

Further, [Josiah] Thompson interviewed Wright in 1966. He managed to get Wright to say that CE 399 didn't look like the bullet that he had handled, but he never for an instant denied getting the bullet from Tomlinson and giving it to Johnsen. [Six Seconds In Dallas, p. 175.]

Translation: CE 399 would have been perfectly admissible. At most, the Oswald prosecution would have had to call some of these guys to the stand.

Of course, this "admissibility" business is a red herring anyway. Evidence can be admissible, and forged, or inadmissible and absolutely dispositive where *historical* judgments are concerned."

[End Quote]

http://mcadams.posc.mu.edu/cece399.txt

==========================

ADDENDUM #2:

John McAdams also says this on his website:

"Bullets and other physical evidence need not be marked to be admissible in trails. This brief submitted by the prosecution in the O.J. Simpson civil trial makes this clear."

Culled from the above link:

"To establish a proper chain of custody for the physical evidence at issue, rendering that evidence (and the various tests thereon) admissible, Goldman need only "show to the satisfaction of the trial court that, taking all the circumstances into account including the ease or difficulty with which the particular evidence could have been altered, it is reasonably certain that there was no alteration." People v. Riser. 47 Cal. 2d 566, 580 (1956). Where there is only "the barest speculation that there was tampering, it is proper to admit the evidence and let what doubt remains go to its weight." Id. at 581; accord People v. Lozano, 57 Cal. App. 3d 490, 493-96 (1976)."

==========================

David Von Pein
May 19, 2010




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