Page 6 February 14, 1969 STATE VS. CLAY SHAW DISTRICT ATTORNEY'S OFFICE PARISH OF ORLEANS The body of the leaflet contained State versus Clay Shaw an invitation to join the Fair Play OPENING STATEMENT for Cuba Committee in New Or- The State of Louisiana is re- and routes of escape from the leans. The other item taken by quired by law in all criminal assassination scene, determina- Officer RAY was a pamphlet en- trials to make an opening state- tion of procedures and theplaces titled The Truth About Cuba" ment to the jury. This statement to be used for some of the prin- published by the Fair Play for is merely a blueprint of what the cipals to the conspiracy so as to Cuba Committee, 799 Broadway, State intends to prove. It has no establish alibis on the date of the New York 3, New York. In con- probative value and should notbe assassination. junction with Officer RAY's tes- considered as evidence in the 3. A trip to the West Coast of timony, the State will offer into case. the United States by CLAY L. evidence copies of these two The defendant, CLAY L. SHAW, SHAW during the month of No- pieces of literature. is charged in a bill of indictment vember, 1963. The evidence will further show with having willfully and unlaw- 4. A trip by DAVID W. FER- that in June, 1963, the defendant, fully conspired with DAVID W, RIE from New Orleans, Louisi- CLAY SHAW, was present at a FERRIE, LEE HARVEY OSWALD ana to Houston, Texas on theday party given in an apartment in the and others to murder JOHN F. of November 22, 1963. French Quarter of this city. KENNEDY, 5, LEE HARVEY OSWALD Among the guests at the party The crime of criminal conspi- taking a rifle to the Texas School was DAVID FERRIE, a man racy is defined in the Criminal Book Depository in Dallas, Texas known as an accomplished air- Code of Louisiana as follows: on or before November 22,1963. plane pilot. During the course of The Criminal Code defines the party, the conversation CRIMINAL CONSPIRACY Murder in the following terms: among a small group of those Criminal conspiracy is the present turned to President agreement or combination of two MURDER JOHN F. KENNEDY. In this group or more persons for the specific (1) When the offender has aspe- were DAVID FERRIE and the de- purpose of committing any crime; dile intent to kill or to inflict fendant, CLAY SHAW. The com- provided that an agreement or great bodily harm; ment was made that PRESIDENT combination to commit a crime KENNEDY should be killed and shall not amount to a criminal The evidence will show that in that the job could best be doneby conspiracy unless, in addition to New Orleans, in the Summer of a rifle. At this point, the defen- such agreement or combination, 1963, LEE HARVEY OSWALD dant, CLAY SHAW, suggested one or more of such parties does was engaged in bizarre activities that the man doing the shooting an act in furtherance of the ob- which made it appear ostensibly would probably be killed before ject of the agreement or combi- that he was connected with a Cu- he could make his escape. The nation. ban organization, althoughin fact defendant, after making this ob- the evidence indicated that there servation, turned to FERRIE and As required by the definition of was no such organization in New asked if it might not be possible criminal conspiracy, the State Orleans. This curious activity to fly the gunman from the scene will prove the following overt began on June 16th when he dis- of the shooting to safety. DAVID acts: tributed "Fair Play for Cuba FERRIE replied that this would 1. A meeting of LEE HARVEY Committee" leaflets on the Du- be possible. At this point, the OSWALD, DAVIDW. FERRIE and maine Street Wharf. This distri- conversation was turned to other the defendant, CLAY L. SHAW, in bution took place at the docking subjects. the apartment of DAVID W. FER- site of the United States Aircraft RIE at 3330 Louisiana Avenue Carrier, the M.S. WASP. Later in June of 1963, the de- Parkway in the City of New Or- Upon request of the Command- fendant, CLAY SHAW, was ob- leans during the month of Sep- ing Officer of the WASP, Officer served speaking to LEE HAR- tember, 1963. GIROD RAY of the Harbor Police VEY OSWALD on the lakefront 2. Discussion by OSWALD, approached OSWALD and in- in the City of New Orleans, The FERRIE and the defendant, SHAW formed him that he would have to defendant arrived at the lakefront of means and methods of execu- stop passing out the leaflets and in a large, black 4-door sedan, tion of the conspiracy with re- leave the wharf area. At this and was there met by LEE HAR- gard to assassination of JOHN F. time, Officer RAY confiscated VEY OSWALD, who had walked to KENNEDY— particularly, the two pieces of the literature being the meeting point along thelake- selection and use of rifles to be handed out by LEE HARVEY OS- front from a westerly direction. fired from multiple directions WALD. One of these was a leaf- The defendant and OSWALD had simultaneously to produce a tri- let, yellow in color with black a conversation which lasted ap- angulation of cross fire, esta- print, entitled "Hands Off Cuba!" proximately fifteen minutes. At blishing and selecting the means the conclusion of this conversa- went to Jackson, Louisiana, a the month of September, 1963, the tion, the defendant gave OSWALD small town located not far from defendant, CLAY SHAW, DAVID what appeared to be a roll of mo- Baton Rouge, Louisiana. While in FERRIE and LEE HARVEY OS- ney which he immediately placed Jackson, he talked to witnesses WALD participated in a meeting in his pocket. In shoving the In reference to his getting a job in which plans for the murder of money into his pocket, OSWALD at the East Louisiana State Hos- President JOHN F. KENNEDY dropped several leaflets to the pital In Jackson , Louisiana and were discussed and refined. This ground. These leaflets were yet- registering to vote in that Pa- meeting took place in DAVID low in color with black printing rish, so as to be able to get the _ FERRIE's apartment at 3330 and dealt with Cuba. The color, job. The State will introduce Louisiana Avenue Parkway in the contents and size of these leaf- the witnesses who talked to LEE *City of New Orleans. SHAW (us- lets were identical with the"Fair HARVEY OSWALD on this occa- ing the name of CLEM BER- sion. Play for Cuba Committee' leaf- The State will show that shortly TRAND), FERRIE and OSWALD let taken from OSWALD earlier thereafter, still in late Augustor (using the first name of LEON), that month on the Dumaine Street early September, 1963, the de- discussed details of the conspi- Wharf by Harbor Police Patrol- fendant, CLAY L. SHAW, LEE racy in the presence of PERRY man GIROD RAY, HARVEY OSWALD and DAVID W. RAYMOND RUSSO, after FER- The evidence will show that on FERRIE drove into Clinton, Lou- RIE gave assurance that RUSSO August 9, 1963, LEE HARVEY isiana—which is very close to OSWALD was arrested by mem- Jackson—in a black Cadillac, was aii right. bers of the New Orleans Police parking the Cadillac near the The plan brought forth was that Department as a result of his be- Voter Registrar's Office on St. the President would be killed with coming involved in a fight with Helena Street. While the defen- a triangulation of cross fire with several Cubans who were pro- dant, CLAY L. SHAW and DAVID at least two gunmen, but prefe- testing his passing out"Fair Play W. FERRIE remained in the car, rably three, shooting at the same for Cuba Committee' literature. LEE HARVEY OSWALD got out of time. One of the gunmen, it was This literature was confiscated the car and got in line with a group indicated, might have to be sacri- by the New Orleans Police De- of people who were waiting to re- ficed as a scapegoat or patsy to partment. The State will offer in- gister. allow the other participants time to evidence three of the seized The State will introduce wit- to make their escape. No one indi- items, one of which is a yellow nesses who will testify that they cated to OSWALD at the meeting leaflet with black print entitled saw the black Cadillac parked in that he was going to be the scape- 'Hands Off Cuba!' This is the front of the Registrar's Office goat and there was no indication same type of leaflet taken from and who will identify the defen- of any awareness on his part of OSWALD at the Dumaine Street dant, CLAY L. SHAW, LEE HAR- such an eventuality. Wharf on June 16, 1963, andalso VEY OSWALD and DAVID W. They also discussed alternate the same as the leaflet dropped FERRIE as the individuals in that routes of escape, including the by OSWALD at the lakefront in the car. possibility of flying to other latter part of June, 1963. The The State will introduce a wit- countries. The defendant and DA- State will also introduce the Bu- VID FERRIE agreed that as part reau of Identification photograph ness who talked to the defendant, of the plan they would make sure taken of LEE HARVEY OSWALD CLAY L, SHAW, on this occa- they were not at the scene of the at the time of his booking.