A Farewell to Justice

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A Farewell to Justice Page 74

by Joan Mellen


  p. 142: “routinely debriefed”: Phelan recites the litany: Shaw had been debriefed: See Eugene M. Ingram, Interview of James Phelan. January 15, 1991. NARA.

  p. 142: distortion: A Look over My Shoulder: A Life in the Central Intelligence Agency (New York: Random House, 2003), pp. 288-289.

  p. 142: “rarely proven to be basically wrong”: To: Nancy Haskell.. Office Memorandum. March 24, 1967; To Lang for Billings. From: Cerabona, Rome. Re: Clay Shaw In Rome? April 14, 1967. AARC.

  p. 142: “Cubans in exile”: “What Are the Sources of the CMC’s Millions?” Paese Sera. March 18, 1967.

  p. 143: “under an oath of secrecy”: CIA. To: Director, Domestic Contact Service. From: Chief, New Orleans Office. March 3, 1967. b-67- 73. No. 84-67. NARA.

  p. 143: Clay Shaw has some connection with CIA: File. Deputy Chief, Security Research Staff. Shaw, Clay L. #402897. 6 April 1967.

  p. 143: since May of 1956: Memorandum: No. 106-67. To: Director, Domestic Contact Service. Att’n: Operational Support Staff. From: Chief, New Orleans Office. 23 March 1967. Subject: HH-18, 123—Garrison Investigation into Alleged Conspiracy to Assassinate President Kennedy. Ref: Your Memorandum, 20 March 1967/Ray McConnell telephone conversation, 21 March 1967, same subject. NARA.

  p. 143: CIA lies to the FBI: To: File. From: Deputy Chief, Security Research Staff. April 7, 1967. Subject: Shaw, Clay. NARA.

  p. 143: Shaw’s last contact was in 1965: Memorandum. 2 March 1967. Subject: Clay Shaw’s Connection with CIA. Document number: 1587-1117. NARA.

  p. 143: “John Scelso”: CIA “agent” v. “employee”: HSCA 014728. May 16, 1978. Transcript. Security Classified Testimony of John Scelso. NARA.

  p. 143: Shaw’s CIA involvement was in Counter Intelligence: Memo to the file: from Chief of FIOB/SRS, John Dempsey based on call from Arthur Dooley of the Counter Intelligence Staff advising details of Shaw’s file on March 3rd. The date of the document is 3 March 1967. Handwritten instruction is: Office of Security File Check on Clay Shaw. NARA.

  CHAPTER 10

  p. 144, Epigraph: “Let Justice Be Done”: Jim Garrison, 1967 BBC Interview, p. 11. NARA.

  p. 144: “wracked by exhaustion”: “Strange Cast Plays Roles in New Orleans DA’s Assassination Inquiry” by Merriman Smith. The Sunday Bulletin (Philadelphia). March 5, 1967. Section 1, p. 24.

  p. 144: “never heard of the guy”: Interview with Lynn Pelham, November 17, 2001.

  p. 144: David Chandler actually wrote “The Vice Man Cometh”: James Phelan, “The Vice Man Cometh,” The Saturday Evening Post. June 8, 1963. See: LIFE magazine internal memo. March 5, 1967. Lang for Rowan for Newsfronts, Billings, Copy TXT, Miami Bureau. The following note is appended by David Chandler: “I did a manuscript “Garrison: Demagogue or Crusader?” in 1963 which was subsequently used by Saturday Post under title “Vice Man Cometh” by James Phelan. Since the Post only changed about 500 words of the manuscript I suppose we are free to quote it. I can send the original manuscript if you prefer. . .”

  p. 144: Jim Garrison provides Phelan with the Sciambra memos: James Phelan interview with Eugene M. Ingram and James Phelan to Richard E. Sprague, May 20, 1970. Papers of Richard E. Sprague. Georgetown University.

  p. 144: appalled Ivon and Alcock: Interview with William Alford, May 28, 1998. Ivon was to call Garrison himself “the biggest leak” in the investigation. Louis Ivon interviewed in The Garrison Tapes.

  p. 144: Maheu and Banister: See SSCIA testimony of Robert Maheu, July 30, 1975.

  p. 144: Maheu’s history with CIA: CIA 104-10122-10141. 80T01357A. To: DCI. CIA title: MEMO RE: RELATIONSHIP BETWEEN CIA AND ROBERT MAHEU PREPARED FOR DCI. (Director of Central Intelligence). January 1, 1975. 13 pages. NARA. The FBI had long known of Maheu’s role in the assassination of Castro: For material on Maheu’s role in the assassination plots to kill Castro, turn to the following: To: Director, FBI. From: SAC, Miami. October 21, 1960. Operations—Havana, Cuba. 62- 707-54-263 or 266. See also: To: W. C. Sullivan From: W. R. Wannall. March 6, 1967: “we checked matter with CIA on 5/3/61 and learned CIA had utilized Maheu as intermediary with Sam Giancana relative to CIA’s ‘dirty business’ anti-Castro activities.” See also: Memorandum for Mr. Sullivan Re: Central Intelligence Agency’s Intentions to Send Hoodlums to Cuba to Assassinate Castro.”: “we learned on 6/20/63 from CIA that its contacts with John Roselli [sic] (Maheu’s link with Giancana) had continued until that time, when they were reportedly cut off.”

  p. 144: “Rosselli”: When Rosselli spells out his name for the Senate Select Committee, it is with one “s” yet on other occasions, it is “Rosselli.”

  p. 144: public relations cover: SSCIA testimony of Robert Maheu, July 30, 1975.

  p. 144: Phelan made contact with Maheu: James R. Phelan to Jim DiEugenio. Undated. Courtesy of Mr. DiEugenio.

  p. 145: Phelan hands over Moo Moo’s memos: Sciambra’s memos become FBI documents: See FBI. 124- 10259-10223. 89-69-1990. April 5, 1967.

  p. 145: remain secret: “I would never reveal the contents of any story, prior to its publication, to anyone, especially to anyone connected to any governmental agency”: Interview of James Phelan with Eugene M. Ingram. January 15, 1991. NARA. For Phelan giving the FBI an advance copy, FBI: 89-69-1991. April 12, 1967. The article was to be published on May 6th. On April 18th, R. E. Wick told Deke that “Phelan again pointed out that his identity as the source of this material should be fully protected”: Memorandum To: Mr. DeLoach. From: R. E. Wick. April 18, 1967. 62-109060- 5113. NARA.

  p. 145: Phelan admits to Matt Herron that he has returned to New Orleans to discredit Jim Garrison: Interview with Matt Herron, May 10, 1999.

  p. 145: Phelan approaches Lane and Popkin: Interview with Richard Popkin, June 10, 1999. Interview with Lane is January 15, 1998.

  p. 145: Maheu offers Rosselli $150,000: The Inspector General’s Report. Memorandum for the Record. 23 May 1967. 80T01357A. Subject: Report on Plots to Assassinate Fidel Castro. J. S. Earman. 143 pages. pp. 118, 120.

  p. 145: Rosselli used to smear Garrison: See Charles Rappleye and Ed Becker, All American Mafioso: The Johnny Rosselli Story. (New York: Doubleday, 1991), p. 297.

  p. 145: The Garrison- Roselli contact: 1967 Inspector General’s Report, p. 127: “The Roselli- Garrison contact in Las Vegas in March is particularly disturbing. It lends substance to reports that Castro had something to do with the Kennedy assassination in retaliation for U.S. attempts on Castro’s life. We do not know that Castro actually tried to retaliate, but we do know that there were such plots against Castro. Unhappily, it now appears that Garrison may also know this.”

  p. 146: “it might have been the lawyer. . . .”: Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities. Testimony of Richard Helms. June 13, 1975. SSCIA. 157- 10014-10075. 10-H-07. NARA.

  p. 146: “seeing Garrison in person”: Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities. Testimony of Robert Maheu. April 28, 1976. SSCIA. 157-10014-10088. 11- H-07. NARA.

  p. 146: Rosselli denied meeting Jim Garrison: “I don’t know Jim Garrison other than seeing him on TV”: United States Senate. Report on Proceedings. Senate Select Committee to Study Governmental Operations with Respect to Intelligence Agencies. April 23, 1976. Testimony of John Roselli [sic]. SSCIA 157- 10014-10000. 02-H-02. NARA.

  p. 146: “I suppose it is an honor”: Jim Garrison to Philip Pochoda, November 10, 1986. NODA. NARA.

  p. 146: Schiller as FBI informant: Schiller sends Hoover a transcript of the Ruby family: 124- 10031-10001. 62-109060-1st NR 4429. From: Schiller, Lawrence. To: Director, FBI. NARA. The transcript was a conversation between Jack Ruby, his attorney and members of Ruby’s family. Schiller also had informed Hoover that Edward J. Epstein was writing an article on the Garrison case, but that the Bureau should trust Epstein, since he was an “advocate of viewpoint of Warren Commission and is opposed to irresponsible journalism of writers such as Lane”: (To: Director. From: Los A
ngeles. March 22, 1967. 62-109060- 4907). Schiller also told Hoover the lie that Dick Billings was working for Jim Garrison. This was never the case. Schiller in turn told Billings he himself was working for Jim Garrison, also a lie (Interview with Richard N. Billings, August 2, 2000). Mark Lane uncovered that Schiller has made himself Jack Ruby’s “business agent”: A Citizen’s Dissent (New York: Holt, Rinehart and Winston, 1968), pp. 84-85. Even Shaw’s attorney Edward Wegmann distrusted Schiller: Dick Billings/Nancy Haskell. Notes on phone conversation with H. McCombs. Tues. 3/7/67. AARC.

  p. 146: “give the defendant every chance”: Playboy (October 1967), p. 62.

  p. 146: confidential informant: See, for example, “New Orleans Judge Expects Informant to Be Identified” by Theodore C. Link. St. Louis Post Dispatch. March 9, 1967. Joe Oster tried hard to get the name of Garrison’s witness so he could report to the FBI: FBI. To: Director and Dallas. From: New Orleans. March 13, 1967. 124-10167-10205. 89-69- 1662. NARA.

  p. 146: witnesses no longer available: Press Rate Collect. Lang, TIMEINC, WUX Atlanta. Pro Billings. Haskell. Undated. Papers of Richard N. Billings, Box 4, line 4.

  p. 147: common purpose: Frohwerk v. United States. Argued January 27, 1919. Decided March 10, 1919. No. 685.

  p. 147: need not commit any specific alleged overt act: Rudolph J. Nassif v. United States of America, Appellee. United States Court of Appeals. Eighth Circuit. December 6, 1966.

  p. 147: in itself wrong: See H. T. Jordon Jr., Appellant v. United States of America, Appellee. Gervase A. Breyand, Appellant v. United States of America, Appellee. Nos. 8450, 8451. United States Court of Appeals for the Tenth Circuit. December 5, 1966. Rehearing denied January 26, 1967.

  p. 147: “combination of minds”: State v. D’Ingianni. Supreme Court of Louisiana. June 30, 1950.

  p. 147: Russo faces Roy Jacob: Perry Russo interviewed by William Davy, August 31, 1994. For Russo facing the polygraph, see also Transcript of Perry Russo interview with the Washington Post. NODA. NARA. Richard N. Billings remembered the same thing: “He was so nervous that a positive reading could not be obtained”: “Garrison (II): The Power of Public Disclosure.” Papers of Richard N. Billings.

  p. 147: unsuitable subject: Interview with John Volz, June 13, 2001.

  p. 147: coldest eyes in New Orleans: Interview with John Volz. December 11, 2001. See: Sgt. Edward O’Donnell’s Report to Jim Garrison. Subject: Perry Russo Interview, June 20, 1967. NODA.

  p. 147: bitter Garrison enemy: Interview with Frank Meloche. June 11, 2000.

  p. 147: close to the Gurviches: Interview with Numa Bertel, February 6, 2001.

  p. 147: police brutality charges: Interview with William Porteous, III, December 19, 2001. All from the Times-Picayune: “Only One Juror Chosen in Case.” November 27, 1962, Section 1, p. 7; “Jury Selected in Attack Case.” November 29, 1962, Section 1, p. 6; “Victims Recall Attack by Four.” November 30, 1962, Section 3, p. 9; “Death Peñalty Asked for Four.” November 28, 1962, Section 2, p. 2; “Police Quizzed at Rape Trial.” December 1, 1962, Section 3, p. 1; “Forced to Sign, Says Baptiste.” December 5, 1962, Section 1, p. 5; “DA Seeking Use of Confessions.” December 2, 1962, Section 1, p. 18; “Judge Scolds Shea at Trial.” December 4, 1962, Section 3, p. 22; “Defense Objects to ‘Confessions.’” December 6, 1963, Section 1, p. 2; “Defense Rests in Rape Trials.” December 7, 1962, Section 3, p. 26; “Jurors Long ‘Locked Up’ Get Exemption for Life.” December 8, 1962, Section 1, p. 20; “Confessions of 4 Allowed.’ December 9, 1962, Section 1, p. 23; “Defense to Act as State Rests.” December 11, 1962, Section 1, p. 10; “Arguments End in 16-Day Trial.” December 12, 1962, Section 3, p. 15; “Life Sentence Given In Rape.” December 19, 1962, Section 4, p. 9; “Jury Convicts 4 In Rape Trial.” December 13, 1962. Section 2, p. 11. See also: State of Louisiana v. Joshua Carter and Lawrence Baptiste. No. 47514. Supreme Court of Louisiana. June 7, 1965; State of Louisiana v. Joshua Carter and Lawrence Baptiste. No. 47514. Supreme Court of Louisiana. January 17, 1966. See also: New Orleans Times- Picayune: “Two in Police Beating Case Rearrested.” February 6, 1957, p. 24; “Earlier Prisoner Beating Report Probed.” February 7, 1957, p. 7; “Youth’s Release Leads to Ruling.” February 16, 1967; “Quiz in Alleged Beating Begins,” April 25, 1957, p. 27; “Six Policemen Fired after Being Indicted,” July 31, 1957, p. 1.

  p. 147: black victims were afforded the dignity of testifying before the grand jury: Interview with William Porteous III, December 18, 2000.

  p. 147: “they cleared some cases”: Interview with Frank Meloche, June 11, 2000.

  p. 147: Wendall C. Roache mentions Edward O’Donnell: among his INS colleagues: Memo to Files: From: Dan Dwyer. Date: December 9, 1975. Re: Notes on Testimony of Wendall G. Roache, 12/9/75.

  p. 147: O’Donnell worked for the INS: Memo to Files: From: Dan Dwyer. Date: December 9, 1975. Re: Notes on Testimony of Windel [sic] G. Roache, 12/9/75. “Mr. Roache suggested the names of some individuals who would have detailed knowledge of Cuban exile activities in New Orleans who we might want to contact. They are the following”: The first name on the list is “1. Eddie O’Donnell—former member of the NOPD, polygraph section; presently head of security at the Roosevelt Hotel in New Orleans.” It was established during the time of the Church Committee that the INS investigative section in New Orleans worked closely with the CIA and the FBI.

  p. 147: O’Donnell reports on Russo’s polygraph to the FBI: FBI 124-10054-10413. HQ. 62-109060- 5483. June 22, 1967. Two pages. Subjects: Garrison, Jim, Investigation, Polygraph. NARA.

  p. 147: “don’t bug me”: this telephone conversation was taped by Orleans Parish district attorney’s office: Re: extradition of Sandra Moffett. NARA. A local district attorney named Donald Knowles negotiated for Moffett with Garrison investigators, Charles Jonau and Kent Simms. She wanted twenty dollars and clothes. Finally the high priced attorney told her the officers had no legal papers and she should drive to Des Moines since Iowa did not subscribe to the Uniform Fugitive Law. Returning to Omaha, she was arrested. She had met David Ferrie only in 1965, Moffett said, so she could not have attended the party described by Russo.

  p. 147: Moffet also claimed she was afraid to fly: Memorandum. March 12, 1967. To: Louis Ivon. From: Detectives Simms and Jonau. Re: Locate One Lilly Mae McMaines . . . Omaha, Nebraska, in an attempt to bring her back to this city. NODA. NARA. See also: To: Director, FBI. From: SAC, Omaha. March 10, 1967. 124-10167- 10209. 89-69-1667, 1668. NARA. See also: Young, The Investigation: Where It Stands Today,” New Orleans magazine, p. 56.

  p. 147: “diversionary tactics”: Proceedings of the preliminary hearing: Transcript is available at AARC: Criminal Court for the Parish of Orleans. State of Louisiana. No. M-703. Clay L. Shaw, Arrestee. Honorable Bernard J. Bagert, Honorable Malcolm V. O’Hara. Honorable Matthew S. Braniff, Judges Presiding.

  p. 148: burning cigarette: Shaw began to smoke four to five packs a day: Interview with Jefferson Sulzer, January 15, 2000.

  p. 148: two years”: “He did Perry a discourtesy,” was how Alford put it: Interview with William Alford, May 28, 1998.

  p. 148: “pathological liar”: “Difficult to Lie in Hypnotic State,” Times-Picayune, March 18, 1967.

  p. 148: Kruebbe: There is an account of Kruebbe’s contradictory behavior regarding Bundy’s polygraph in False Witness, p. 100.

  p. 148: Quiroga misinterprets Ivon’s call about the color of Oswald’s leaflets: Interview with Carlos Quiroga, January 14, 2000.

  p. 148: Bundy identifies the photograph of Oswald with the beard stubble: April 20, 1967. To: Jim Garrison. From: William Gurvich, Special Aide. Subj: Vernon William Bundy— Interview With, 16 March 1967. NODA. NARA.

  p. 149: Evidence developed later confirmed both Russo and Bundy that Oswald was not always military neat: John L. Anderson says Oswald was dirty: HSCA Interview of John L. Anderson. January 20, 1978, by Harold Leap and Patricia Orr. Anderson had recognized Oswald as soon as he saw his photograph on television after the assassination. See also
: Connie T. Kaye: Memorandum. April 23, 1968. To: Jim Garrison. From: James Alcock and Louis Ivon. Re: Connie T. Kaye. Connie Kaye had even helped Oswald hand out leaflets: Interview with Barbara Bennett, February 6, 2001; Barbara Bennett interviewed by William Livesay, December 25, 2001.

  p. 149: “That’s him!” Memorandum. March 17, 1967. To: Jim Garrison. From: John Volz. NODA. NARA.

  p. 149: Vernon Bundy’s prison interview: Interview: Vernon Bundy Jr. Colored male. age 29. March 16, 1967. 4:50 p.m. Orleans Parish Prison. Present: William Gurvich, Charlie Jonau, Cliency Navarre. NODA. NARA.

  p. 149: limp: this was the result of Shaw’s injury in basic training: See “Shaw’s Army Record Shows Nothing Sinister,” States-Item. April 25, 1967.

  p. 149: “I’ve talked to a lot of liars”: Interview with John Volz, January 15, 2000.

  p. 149: Bundy puts his hand over Shaw’s head: “a 29-yearold admitted narcotics addict”: “Hand over Shaw’s Head Was Hearing High Point,” by Paul Atkinson. Times- Picayune. March 19, 1967. Section 1, p. 27.

  p. 149: “you’re not serious”: Proceedings of the preliminary hearing.

  p. 150: “the first judicial decision”: Annotated notes by Jim Garrison on Billings’ manuscript, “Garrison (II): The Power of Public Disclosure.”

  p. 150: Russo testifies before the grand jury. Present: Messrs: Alvin V. Oser and James Alcock; Members of the Orleans Parish grand jury. March 22, 1967.

  p. 150: Grand Jury: Gurvich was to charge that Jim Garrison had picked the grand jury “out of the locker room” of the New Orleans Athletic Club, but it was not so. William Gurvich went before the grand jury of Orleans Parish on June 28, 1967. See also: Tape #3. Gurvich conference. 8/29/67. Papers of Edward F. Wegmann.

  p. 150: “totally honest”: Huff quoted in Investigative Report. May 31, 1967. Reported by Aaron M. Kohn. MCC. Years later grand jury member J. C. Albarado says he was impressed by the care with which Garrison and his assistant district attorneys handled the evidence and its presentation to us.” J. C. Albarado to the Times-Picayune, June 15, 1991, Section 3, p. 6.

 

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