,.. ,... .. - .: - ._ ._.
REPRODUCED AT THE NATIONAL ARCHIVES -k
._- __.__ - ..-_ _ ,.-.,-- -. ‘- .-e- . . _ . .--x--b .._I %. .-. . ..- _ . . .._ . . . ___+___-b -_..- --.---_- -.-. --. --. .-e-- _. _ --_ _ .-” I _-
CRIMINAL DISTRICT COURT
PARISH OF ORLEANS . STATE OF LOUISIANA
. STATE OF LOUISIANA . 198-059 . . vs. . 1426 (30) . ' CLAY L. SEAW . SECTIOX "C" ...... , . .
_:. :- 7.y' EXCERPT FROM PROCEEDINGS IN C2EN COURT 027 THURSDAY, FEBRUARY 6, 1969,
BEFORE: THE HOKORABLE ED:fARD A. HAGGERTY, JR.
JUDGE, SECTION "C"
Idietrich Cy-Pickett, Inc.
333 ST. CHARLES AVENUE, SUlfE 1221 NEW ORLEANS. LOUISIANA 70130- 522.3111 .:_ . .._
_ . . .-
. . . 1 e. OPENING STATEMENT OF THE DISTRICT ATTORNEY ,
MR.. GARRISON:
May it please the court:
Gentlemen of the Jury, you have been im-
posed on, to some extent unavoidably,
because you have to be sequestered,
and I am about to impose On you one
more time, because I have to read to
you a rather lengthy opening state-
ment. The reason I have to read it
11 is because under our law we cannot
12 introduce evidence which has not
13 been described, at least generally,
14 in the opening statement, so as a-
15 result prosecuting attorneys in -
It Louisiana have to read their opening
17 statements in order to make sure the1
18 have touched every point of evidence L ;- 19 that they intend to introduce. .So I
2c hope you will bear with me, and I
21 will try and make it as painless as
2: possible.
2: I am going to read it verbatim, because
2 I intend to give a copy to the Defen!
for their convenience as soon as I 2 ..
: .__.- _ ...... , _ -,
-... 1 finish, and I want the copy I give 3 : :’ 2 them to be precisely the same as I
3 have~given you.
4 The State of Louisiana is required by law
5 in all criminal trials to make an
6 opening statement to the Jury. This
7 statement is merely -a blueprint of
: .. 8 what the State intends to prove. It _: 9 has no probative value and should
10 not be considered as evidence in the
11 case.
12 The defendant, CLAY L. SHAW, is charged
13 in a bill of indictment with having
14 willfully and unlawfully conspired ,. . 1s with DAVID W. FERRIE, LEE HARVEY
16 OSWALD.and others to murder JOHN F,
17 KENNEDY. nm I-? r- :- ._ 18 0 ; ‘. The crime of ciminal conspiracy i,s to P . , , .. 19 find in the'criminal code of Louisiar 2 F 20 as follows: 2 N 21 "CRIMINAL CONSPIRACY w I w 22 "Criminal conspiracy is the-agreement or *
23 combination of two or more persons
24 for the specific purpose of committir
25 any crime: provided that an agreement
-_-. -. --- -. ._a-. -- -_.- .--- --.--.- -._-_ _ ___ .-._- .___ ..__ - -- _-.- ..-.-..-_-.--- - -. - .- -
. ,.. _...... -. . -. . . . .
. . _Y_-.. 1 or-'combination-to-commit a crime-‘ -
,.
. 2 shall not amount to a criminal con-
3 spiracy unless, in addition to such
4 agreement or combination, one or more
5 of such parties does an act in fur-
6 therance of the object of the agree-
7 ment or combination."
8 As required by the definition of criminal : ...__ 9 conspiracy, the State will prove the : 10 following overt acts:-
11 1. A meeting of LEE HARVEY OSWALD, DAVID
12’ w . FERRIE and the defendant, CLAY L.
13 SHAW, in the apartment,of DAVID W.
14 FERRIE at 3330 Louisiana Avenue . 15 parkway in the City of New Orleans ., i 16 during the month of September, .1963. .;: :: 1: 17 2. Discussion by OSWALD, FERRIE and the i’
_- 18 defendant, SHAW of means and methods _..
-. . .- :. 19 of execution of the conspiracy with ": ‘;: a
20 regarci to assassination of JOHN F. .:'
21 KENNEDY -- particularly, the selec- ], :- .:I 22 tion and use of rifles to be fired 2
23 from multiple directions simultaneous'
24 -t ly to produce a triangulation of CrOs .:.7 2s fire, establishing.and selecting tihe \ : .. . .: : _: ._. .
1 means and routes of escape from the -5 -. 2 assassination scene, tietermination c
3 procedures an6 the places to be useci
4 for some of the principals to the
5 conspiracy so as to establish alibis
6 on the date of the assassination.
7 3. A.trip to the West Coast of the Unite
a States by CLAY L. SHAW during the
9 month of November, 1963.
10 4. A trip by DAVID W. FERRIE from New. .: .)
11 Orleans, Louisiana to Houston, Texas
12 on the tiay of November 22, 1963.
13 5. LEE HARVEY OSWALD taking a rifle to t
14 Texas Book Depository in Dallas,
IS Texas on or before November 22, 196.3
16 The Criminal Code defines Murder in the rcJ 17 following terms:
: ._ 18 MURDER
19 "&lurder is the killing 'of a human being: . . . 20 "(1) When the offender has a specific
21 intent to kill or to inflict great
22 bodily harm;"
23 The evitience will show that in New Orlean
24 in the Summer of 1963, LEE HARVEY
25 C- : OSWALD was engaged in bizarre activi
-- _ _ _.__..- -- .-- -,.--.------. ,..._ -_.-_ . - --.. ___- -- -.-- - - -... __.. .___ 1 which we in effect are, there are 8.
2 two courses of action that can be
3 taken by a defendant ordinarily.
4 One is to prove that he was else-
5 where at the time of the alleged
6 happening.
7 Let me say now that this would be impos-
8 sible. First of all, never at any
9 stage of these proceedings has the
10 State seen fit to set-forth any
11 precise date upon which this meet-.
12 ing is supposed to have taken place,
13 and even if they had done that, Mr. .-i. .- ._. 14 Shaw would have been called upon to . 15 go back three and a half years and
16 account for his whereabouts at a
17 particular time. I don't have to . 18 tell you the impossibility of doing
19 such a task as that.
20 The other alternative that a defendant
21 has is to prove that whoever said
22 that he was at such a meeting or
23 committed such an act lies. And,
24 gentlemen, I stand here now and .i hr. I 25 tell you that we will prove t.hat
I ..- . . j ‘.. ;. DIETRICH & PICKETI', Inc. . COURTREPO~TERS l surm 1221 . 333 m cuAluE5AYENUH. 1 Cuba Committee in New Orleans. The 7
2 other item taken by Officer RAY was -_ 3 a pamphlet entitled "The Truth
4 About Cuba" published by the Fair
5 Play fOrCuba Committee, 799.Broadway
6 New York 3, New York. In conjunction
7 with Officer RAY's testimony, the . .. :: . .: 8 State will offer into evidence
9 copies of these two pieces of :: ih
10 literature.
11 The evidence.will further show that in
12 June, 1963, the def'endant, CLAY SHAW,
13 was present at a party given in an
14 apartment in the French Quarter‘of , 15 this City. Among the guests at the
16 party.was DAVID FERRIE, a man known
17 as an accomplished airplane pilot.
:: 18 During the course of the party, the .'
19 . . .s. conversation among a small group of
20 those present turned to President ~.
21 JOHN F. KENNEDY. In this group were; 22 DAVID FERRIE and the defendant, CLAY' 23 SHAW. The comment was made that 24 / PRESIDENT KENNEDY should.be kiiled
and that the job could best be done
._.
_ _ __--a-. --- . -- .-c.^. -- ._.-_ - --- .-- . ._. ._.. . -- ...... - .. ,_ :. --.-. ._ -.- .__.
1 by a rifle. At this point, the
2 \ defendant, CLAY SHAW, suggested 3 that the man doing the shooting
4 would probably be killed before 5 could make his escape. The deft 6 after making this observation, t
7 to FERRIE and asked if it might : :
8
I . be possible to.fly the gunman fx . . 9 the scene of the shooting to saf
10 DAVID FERRIE replied that this k
11 be possible. At this point, ths
12 conversation was turned to other
13 subjects.
14 Later in June of 1963, the defendant,
15 CLAY SHAW, was observed spe-a.kinb - 16 to LEE HARVEY OSWALD on the lake
17 front in the City of New Orleans
IS The defendant arrived at the lak :_ . 19 front in a iarge, black 4-door s
. 20 and was there met by LEE HARVEY
21 OSWALD, who had walked to the me
22 point along the lakefront from a
23 westerly direction. The defenda
24 and OSWALD had a conversation wh .. . -lasted approximately fiftee,n min .- ‘. ._ .: .. . . _. . : ._
- a-__ ._.-_ -.. _. --.----._,---._.---.--- .-...... -am .“. ,___. ..-.
. . . .I . . _
1 At the conclusion of this conversa-
2 tion, the defendant gave OSWALD
3 what appeared to be a roll of money
4 which he immediately placed in his
5 pocket, In shoving the money into
6 his pocket, OSWALD dropped several
7 leaflets to the ground. These leaf- : 8 lets were yellow in color with black
9 printing and dealt with.Cuba. The
10 color, contents and size of these
II leaflets were identical with the
12 "Fair Play for Cuba Committee" leaf-
13 let taken from OSWALD earlier that
14 month on the Dumaine Street Wharf by
15 Harbor Police Patrolman GIROD RAY.
16 The evidence will show that on August 9,
17 1963, LEE HARVEY OSWALD was
IS arrested by members of the New Orleal _. 19 t- . Police Depar'tment as a result of his
20 becoming involved in a fight with
21 several Cubans who were protesting
22 his passing out "Fair Play for Cuba,
23 Committee" literature. This litera-
24 ture'was confiscated by the New
25 Orleans Police Department. The Stat<
._ __.--..___.--- ._-- _ - .__ ._.._. - _. ..__._-._ __., .-. - -..-_ .- . .-.. :. _ I.: 1:. ;. :, -: _ _.. ..--- -_ . . .. :.__ ,-__._ _ .__- e;.... .,.-..-_ .I . . ,., ,, ._ ,_, ._ -. I . . -. _ -.. .c. : . - - . . b
,. . ._. -. _.-. . -. .“_..- lc: 1 will offer into evidence three of
2 . the seized items, one of which is a
3 yellow leaflet with black print
4 entitled "Hands Off Cuba!" This is
5 the same type of leaflet taken from
6 OSWALD at the Dumaine Street Wharf
7 on June 16, 1963, and also the same
8 :: as the leaflet- dropped by OSWALD at 9 the lakefront in the-latter part of c
10 June, 1963. The State will also
11 introduce the Bureau of Identificag-
12 tion photograph taken of LEE 'HARVEY
13 OSWALD at the time of his booking.
14 A week later, on August 16, 1963, LEE
15 HARVEY OSWALD was again distributing
16 "Fair Play'for Cuba" leaflets. Once
17 again the distribution was done more
: 18 as if to attract attention than to
19 :. .,: : actually ac.complish distribution.. 20 The actual distribution lasted only
21 a few minutes, ending shortly after
22 the news media departed. The State
23 vrill introduce pictures and a tele-
24 vision tape of this distribution,
25 which took place in front of the
._ ._
._-
..- ______._P. ,- -- - .------_ _. . ..__” ..--- _ -- - ._- -- . -r-- . __--.
-b. . :. : . . : ._ .‘- .. :.:.. _._ __ : . . ‘.
^. -. ,. _ 11 I International Trade Mart whose
2 Managing Director at the time was
3 .the defendant, CLAY SHAW.
A The state will show further, that in the
5 latter part of August or the early
6 part of September, 1963, LEE HARVEY
7 OSWALD went to Jackson, Louisiana, a
8 small town locate& not far from Baton i
9 Rouge, Louisiana. While in Jackson; :: .:.. 10 he talked to witnesses in reference
11 to his getting a job at the East
12 Louisiana State Hospital in Jackson,
13 Louisiana and registering to vote in
14 that parish, so as to be able to get
15 the job. The State will introduce
16 the witnesses who talked to LEE
17 HARVEY OSWALD on this occasion.
. . . 18 The State will show that shortly thereaftt :
14 stiil in late August or early Setitem.
20 ber, 1963, the defendant, CLAY L.
21 SHAW, LEE HARVEY OSWALD ana' DAVID W.
22 FERRIE drove into Clinton, Louisiana
23 -- which is very close to Jackson --
24 in a black Cadillac, parking the
25 Cadiillac near the Voter Registrar's
-_._ _. . ‘. ,. ,... _._ .:_
Office on St. Helena Street. While 12
the defendant, CLAY L. SHAW and
3 DAVID W. FERRIE remained in the car,
4 LEE HARVEY OSPJALD got Out of the car
5 and got in line with a group of
6 people who were waiting to register.
7 The State will introduce witnesses who
8 will testify that they saw the black
9 Cadillac parked in front of the
‘. . : :. 10 ._ Registrar's Office and who will .-.
11 identify the defendant, CLAY L. SHAW,
12 LEE HARVEY OSWALD and DAVID W, FERRIE
13 as the individuals in that car. The
14 State will introduce a witness who
IS talked to the defendant, CLAY L.
16 SHAW, on this occasion. In asking
17 ?!R . SHAV? for his identification, he
18 was told by the defendant, that -. - 19 he (SHAW) was from the International . . ._ -. 20 Trade Mart in New Orleans, Louisiana. .:_ 21 The State will introduce a witness who
22 will identify LEE HARVEY OSWALD as
i3 the person he talked to in the
24 Registrar's Office and who will also
25 identify the defendant, CLAY-SHAW,
-- ..______---- _--_ c-. - .-.- ,.-- ..___.- -- __..-______._..._-- _-_ _ .---- I _ . ..c _. __ :: ‘. :.: ‘.- : ._ - _._.._.. - ,
_._..- and DAVID W. FERRIE as the two men
seated in the black Cadillac that
brought LEE HARVEY OSWALD to Clinton,
Louisiana.
The State will also introduce into evi-
6 dence a photograph of a black cadill;
7 car that the .witnesses will identify
8 as either the same car or one identi-
9 cal to the one that they saw in
Clinton that day:
The evidence will show that in the month
of September, 1963,' the defendant,
CLAY SHAW, DAVID FERRIE and LEE
-HARVEY OSWALD participated in a meet-
ing in -which plans for the murder of
16 President JOHN F, KENNEDY were dis-
cussed' and refined. This meeting
took place in DAVID FERRIE's apart-
ment at 3330 Louisiana Avenue Park-
20 way in t.he City of New Orleans,
21 SHAW (using the name of CLElq BERTRANI:
22 FERRIE and OSWALD (using the first '
23 name of LEON), Giscusseci details of
24 the conspiracy in the presence of
25 : PERRY RAYXOND RUSSO, aftdr FE&$ : -..: .,_..... ,:.. . ..I. :. .-.- __ ~__: .. -. __ ;. .. . . - __.
.._ ,. . ._* : . .,, _..-_- . _. _ . . - -.. .-_-A- -2-I. ,.-
-_ _ ._...... -..I.. . gave assurance that RUSSO was all
p 2 ii right.
3 The plan brought forth was that the
4 president would be killed with a 1 5. triangulation of cross fire with at :
6 least two gunmen, but preferably
7 three, shooting at the same time.
8 ., -: One of the gunmen, it was indicated,
.i. ._: : 9 might have to be sacrificed as a :
10 scapegoat or patsy to allow the
11 other participants time to make
12 their escape. No one indicated to
13 OSWALD at the meeting that he-was
14 going to be the scapegoat and there
15 was no indication of any awareness
16 on his part of such an eventuality.
17 They also discussed alternate routes Of
18 escape, including the possibility . - of flying to other countries. The defendant and DAVID FERRIE agreed
that as part of the plan they would
22 make sure they were not at the scene
23 of the assassination. Their plan fo.
24 the iay of the shooting was to be en'
25 7 gaged in a conspicuous activity in t .- _. .._. .’ ‘: _-’ .:: . .
_-. . . --.-. ~,. ^. ^ . . . - :
_. 1 presence.of as many people as possi-
2 ble. The defendant, SHAV, stateci he
3 would go to the West coast of the
4 Unite4 States. FERRIE, not as posi-
5 tive abput his alibi, said he though‘1
6 he might make a speech at a college
7 in Hammond, Louis iana. As the State
a will show, SHAW mate his way to the :. 9 West coast and FERRIE, after his lone
10 drive back from Texas, maa'e his way
11 to Hammond, Louisiana, where'he
12 slept, not in a hotel room, but on a
13 beck in a college Dormitory.
14 BY a month after the meeting, LEE OSWALD
15 haci mov'ed into a rooming house in
16 Dallas.under an assumed name. By
17 the following month when the time fol : -_ Ia . the President's parade arrived, . . 19 OSWALD was dn the parade route at
20 the Texas School Book Depository,
21 where a job had been found for him. *.' 22 By the night of Friciay, November 22n<
23 the president was dead, FERRIE was.
24 driving through a thunderstorm to
25 Houston, Texas and the defendant, _ . I _ . . .I - . .___ _. -.. -, -.-,.,-- _.,_ ,__._ _-...... --
I ., . ~_. L- _ _ . _ SHATj, -was out on the West coast.
LEE OSWALD, however, was in a Dallas
3 jail ending up as the scapegoat.
4 AS to the planning -- the conspiracy --
5 our jurisdiction is limiteci to New
6 Orleans, although we will later offe:
7 evidence concerning the assassinatio:_..
8 in Dealey Plaza in Dallas --
9 MR. DYMOND:
IO Excuse me. If the court‘please, we objet'
11 to this. "
“I 12 THE COURT:
13 On what ground?
14 MR . DYKOND:
15 The court has repeatedly ruled .that the
16 actual assassination in Dallas has
17 that there , no place in this case,
.. IS may have been 50 conspiracies; as Ii ,>i, 19 Your Honor put it, to assassinate : ", 1 .*-. 5: 20 President Kennedy. A conspiracy. 2 M .21 within this jurisdiction is alleged. w vw 22 the overt acts have been alleged.
2: The State is certainly bound.by the.'
2L answer to the application for a b'il: -5" 2! of particulars as to overt a'cts'; ._: L . ..’ .‘... . . ,: _’ ._ _... .- .. 1 :_.
Consequently; any'other .allegations
2 or any other proof as to additional
3 acts by anyone would be outside the
4 scope of these pleadings.
5 THE COURT:
6 I need not hear further. .
7 KR . DYXOND:
8 -- irrelevant to the issues.
9 THE COURT: j _.
10 Objection overruled.' i cannot tell the .: . I. . . . .
11 State how to run its case. If they
12 wish to overprove their case, they
13 may do so.
14 MR. DYXOND:
15 If the Court please, I wish to call th,e
16 Court's attention to the case of
17 State vs (Peterson) --
1 18 THE COURT :
19 What is the name 'of it? .-..- .. i : /
: .. .: - 21 -- cited at 95 So. 2d 603; State vs. White
22 cited in 153 So. 2d 401, and State
23 vs. Mann, cited in 202 So. 2d. 259,
24 all three of which cases are to the
25 effect that when the.--State answers
:.;: .. _. .--. -..-. --. .--._._. _-__. . _ --~- _____._ -.---__-_ -.---.. ---- ., 1 an application for a bill'of m....
. - 2 particulars setting forth certain
3 particulars in connection with an
4 alleged crime, that the State is
5 bound by this answer for an applica-
6 tion, cannot go outside the scope --
7 THE COURT:
s I Will be glad to hear from you, Mr..
9 Alcock. .- 10 MR. ALCOCK: . 11 The State is bound, and the State'-- and
12 Mr. Dymond knows that, we have
13 argued this point many times' in
14 the picking of this Jury -- the Statf
IS is as a matter of fact bound by its
16 answers to the bill of particulars.
17 The State must prove one or more Of
IS those overt acts, but, as this Court. c . . 19 ri'ghtly points out, the State may
overprove its case all it wants to.
If it underproves its case it is out
22 of court, but if it overproves it, '
23 that is its own wishes and its own
24 will.
25 - -'Additionally, these facts are certain-ly ‘, 1”. ‘- 1. ,. -. _, __ _. I :: : :. ,.:. . < :. ‘.. _. _. ; . . . -.. ,. ..:- ...... t.. .;. _: .: -: ._ ,_ -...... : . . . . I... -: ..:‘:
,- . - . ..- ___: ..,. _. . .._.--- --~ #’ --- .-
I ..I . . - 1 I. corroboratjvTG;-'S-'conspiracy which ..-- . , 2 talked of t" rlangulation of cr0s.s. fire,
a scapegoat and of a patsy. These
facts'are purely corroborative, and
I would cite to the court state vs.
Kelly, a Louisiana case which may be
found at 112 SO. 2d 694. There is no dispute bet??een myself and
9 Mr . Dymond as to the state being ,. .. 10 bound on the answers to the bill of
11 particulars. This court has no dis-
12 pute with that, as “I appreciate its
13 comments during the picking of the
14 Jury. The sole issue is are we going
15 to be circumscribed by Mr. Dymond's
16 wishes or are we going to be allowed
17 to prove our case, and, if we want to
IS overprove it, to overprove it, and I -
...... -. 19 . think the Court has properly ruled 20 : that this area may be gone into as
21 one to be corroborative, and, No. 2,
22 if the State wishes to overprove its-
23 ,case, it may.
24 14R . DYKOND:
If. the Court please, I .am not asking that 1 the State .bk"&ircumscribed by my 20
2 wishes, I am asking that they be . 3 circumstribed:by the law. Your Aonor
4 stated from this bench during the
5 voir dire that the State is definite-
6 ly bound and restricted by the answer
7 to the applicgtion for particulars. ;.:- .. -, . 8 Your Honor would have to make ‘a .* 9 180-degree turn on your rulings on :
10 the voir dire to the effect that we
11 could not even go into the question
12 of what prospective. jurors felt about
, 13 what happened in Dallas, whether : I 14 President Kennedy was killed as -a _
15 result of a conspiracy.
16 PiR . ALCOCK: _’ 17 Your Honor, I can remember vividly Mr. -._ _: . . ‘,;.: , IS Dymond on_ at least-two OccasJons, " 19 perhaps more, asking this Court point
20 blank and directly, .are YOU going to.:
21 the right to go into 1 deny the state 2 22 Dallas? And this Court repeated.ly 5
23 said, 111 cannot do such-a thing, We
24 will cross that bridge -when-we-come -.- :oT -- , 25 to it. If the State wants'to over-
--- -m--e- -__ . . . . -I..’
. . _ __. _ .
_- .------___-,--.--- ___, . __ .--.-
. _~- .--,..- . . . . -.-. “...L.r-b*--
1 prove its case,- the- State may over- 2 __ . _ -. -: - ,~..-; T.= - _ _ _. -. 2 prove its c&se," The court has
3 consistently held that,' contrary t0
4 what Mr. Dymond is now saying.
5 MR. DYMOND:
6 Your Honor, unfortunately-'there Was cne
7 bridge we had to cross before we
8 came to it, -dn?i that-was-.the selec-
9 tion of. a jury, and your Honor Would
: 10 not permit us to go-into Dallas at
11 all on the voir dire, and I submit
12 that that ruling is absolutely con-
13 trary to any contention at this
14 time that the Statetihasa-‘right‘in
IS their evidence to go into this gues-
‘- &_ . . “,i-T; ri I .;- 16 tion.
._ T .\.. 1 ,..,‘i+J.LI-..- . . . 17 THE COURT: 1-- - :. 18 I don't know if you cited the d'Ingianni _- s.-- -1-F.. ._.. 19 Case, but I'tried the 'd'Ingianni Cast : . . .. . :-- _-__.-- 20 and I remember specifically'the . %.. . . : .i 21 Supreme Court stating although the .- : 21 State is limited in its.iproof:';L'if -th:
2: State were to prove, 'say-:-nine Other .L~ -=_i-::-'.T _-.-.- . 2z overt acts but did not_proveC,P,I'7-'.rr one -... of
2. the six, I would have toTgrant you a
c-I--. _ _._-_-...------____ - ---- ___....-____. .-.--. -____ -. . -. : .: _,_ : -. :. . . _. :,,.I--- . ._:_y :’ . . -. _. _- _ . . -, ..
___. . . , .-VW.- - . . _
I . ..-. _.-. .-. ciirectea' verdict,...but-I. will agree
2 with the State's position that they
3 can corroborate their evidence, anti
4 I therefore overrule your objections
5 PIR . DYHOND:
6 To which ruling Counsel reserves a bill o
7 exception, making the opening state-
8 ment being made by Mr. Garrison,
9 counsel's objections to the content
10 of the opening statement, together
11 with the reasons therefor and the
12 ruling part of the .bill,
13 THE COURT:
14 Your point is, “AS to the planning -- I'
15 MR. GARRISON: _.,..
16 As to the planning -- the conspiracy'--
17 our-jurisdiction is limited to New
18 Orleans, although we will later offe
: 19 evicience concerning the assassinatio
.: 20 in Dealey plaza in Dallas- b,ecause it
21 confirms the existence of a qon- 3.'
r 22 spiracy and because it confirms the' .. 23 significance and relevance of the
24 planning which occurred in New ... I . .- r,--.T.-i.. .., ; 25 . Orleans. . . . _ --_ _.- _. i
-----em-. -: t ._-- . ---- 1 .I'C is:th-e%positiOn of the-State;-of .---. . __-.-- 2 Loui&iana that, regardless of the
.- _-. ._, 3 power.-which might bring.'about the ._ . _ . 4 execution of a President--of-United
5 States-whether it be initiated by a -I. .' .--.r.-. :.: 6 small group or the highest.-possible . -. 7 force,,-. neither the planning :mo.f.W.his
8 murder-*nor any part of it;I;w.ill,be . 9 regarded in Louisiana as being.:above'.
10 the law. ,. ,. _ ..
11 And so, with DAVID FERRIE now dead _.-. -..-and -.-.. ^
I2 LEE OSWALD now dead, the State..-i.s‘.-__.
13 bringing to trial CLAY SHAW for his.5 '.:- <'3--a 14 -as revealed by evidence----s role -- : Em. .:.t. L-- 15 in participating in the conspiracy I:. *Yi.l~~~e .L _,.*q 16 to murder JOHN F. KENNEDY. -.- 3 17 Returning our,attention to the cluttered,? 1s .)i 18 apartment of DAVID FERRIE: The --& 2o.m*.
19 evidence will show that PERRY RUSSO: 1..: 20 had been a fairly close friend of -F ;:. 21 DAVID FERRIE for some time prior tOI:i Fi yji 22 the meeting between the defendant, ': z 23 FERRIE and LEE HARVEY OSWALD.
24 \ The evidence further will show that PERRY
25 RUSSO first met LEE HARVEY OSWALD
------___. - - -__...-..- C.-b. --- __ __-. .- _.__.- -. --__-. - . . ..______....._____.- - -- .-. .:. . . .._ ..
’ 1 2:4
2 before the principal m&~<~~-,'-d,<$een ".-a~.--'.. . ,.:a.._I 3 the nameci conspirators *t&&*-$~~~~-. --U.UerI.-.-_ --.,....e_.I., .- 4 At this meeting OSWALD, -kjho-was-clean
5 ing a bolt-action rifle wi-tiGi?tele- .--eCII.l-- .-.--A.-. 6 scopic sight, was introdu~~~.'rt-~'~~:~ _-___-- .-~__,__._. - - I RUSSO by FERRIE as LEON..--PERRY.--RUSSO
_ _ _ 9 ---_---- apartment at least once after-t'he'--. .; ; ; .p 10 meeting of the conspirators. On-this - - 11 occasion OSWALD appeared to be. having
12 some difficulty with his wife anti-h-e:
13 gave RUSSO the impression he wa.+-yzZz .,s w.- 14 leaving town.
15 RUSSO also had seen the defendant, SH&, I:~ -+ 16 once before the meeting. This was :yz i, 17 5. at the Nashville Street Wharf at 'th&?Tfi / t 18 time PRESIDENT KENNEDY was Speaking% +r .: 19 - _’ there in the Spring of'196-2. The 'r ;. 20 -;L .. : defendant, SHAW, al&o was seen by ‘I:- E;. 21 RUSSO b;ith DAVID FERRIE subsequent i; i 22 to the assassination at FERRIE'S '*-.
23 service station in Jefferson parish.
24 The State will also introtiuce other evi- :_ 2s dence to show that CLAY StiAW, LEE ". .- _ _. . A_
1 HARVEY OSWALD and DAVID FERRIE knew--
2 each other. -..
3 In connection with the testimony Of PERRY- 4 RUSSO, the State will introduce into-
5 evidence pictures of the defendant;.:; -.l .-.. 6 DAVID FXRRIE and LEE HARVEY OSNALDrTT
7 as well as pictures of the exterior -~ ___A-0. 8 and interior of DAVID FERRIE's apart- :. .: -. ---. . 9 ment at 3330 Louisiana Avenue Park-+ .,.-c- +_. a. 10 way, and other corroborating evi- . i...w- :.r. , ;.-. 11 dence. -.. I. .-- 12 In connection with photographic evidence.?.-.c.. ..+c : 13 the State will qualify PETER SCI-IUST& .. -'Et . 14 I.. of the Orleans Parish Coroner's.Offi& _ -.,-- - g" 15 as an expert in the field of photo:c zzz-sz .. .-VW.A 16 ..+&&. graphy. ., .i.-. -T-- ..gi 17 The evidence will further show that the* _.;-. '_ 18 defendant in accordance with.the_pl:ar& -...... ----*.eT.r- 19 and in furtherance of it, hid in‘--'% --Le.-+. 20 fact head for the West coast of - the;- 2, -s..:‘ 21 United States -- ostensibly to make!- *. .*- 22 a speech -- on November 15, 1963.‘. "-i 23 He remained there until after -_-..-.. .--.-. '- _- r. 1 - . 24 - .- ?,RESIDENT KENNEDY’S assassination on --. - _ _ 25 +November 22, 1963, thereby-establish- .: ._. _-.
Y -___.-- - - -..L.. ..--_---_.___.. -. -_ .~_-__ ._.__.II_-.------_ _ _ 1 . _-__ _- 3 The State--Qij'iLJzffer into eT~ide~~f*~ . _ r. .-- _,-._- ..%. 4 travel Consult-nts--. _- -I
-L--B--. I . . . . -_- -... .. 5 and-testimony PJhich reflects,-the __------. ___--.. -.-- .__--+.- . .u..---.-1..i;i+g vb. .,.!_ .>>.&.3 -* 2” s !: _- _._. i--A.. . _. ‘. -,-e r tion,. departing from New Orleans on:g _ e;.‘.-x..:i; . . . . .,4; t: the evening“Of November 22nd -- some:: .__.. ;bi hours after the-President was killed: r-*L_-..x -.._ -.. .i & * _ . ..-.L---. _. . and two days before .LEE OSWALD vras 4; __._ -----.. _..__- _. killed. FERRIE -irOVe, wi;h two young companions, _i_through _:._i..: a severe .: storm for the ostensible purpose of i 23 going ice skating :id'!tib.uston. up06 -_ ,_. __I----_ _. . I.‘.‘. :=---+-- -- 24 arriving in Houston;V'FERRIE------irr-~-- I and his :..-_ rr...,” -. companions went .tb'~t%-e~~~~-~~-erlana II.= , - -v--v--.- _ ^ - . . . . -_ -. .-.,I;- . __ - .-_.. _ ..:: _’ ‘. * . ‘. : ._A :: ..-:_.. .: .- . . 7 3 ; _- Skating Rink where 'FERRIE loudly -55.+ .._. 7 and repeatedly introduced himself to; --- _:- the manager of the rink. Despite SC) ~ 7% -- the fact that he had driven all the I* way from New Orleans to Houston for_- .. . 6 the purpose of ice skating, DAVID . . FERRIE never put on any ice skates .- _,.__--: -.. at all. While his young friends .-z --.. skated,, FERRIE stood by the pub1ic.u. The evidence will furhter show that .;-i earlier, after LEE OSWALD's depart.!3 li from New Orleans, he took a short 15 SE trip to Mexico and then made his ,a; .-Lp: 15 to Dallas. On October 14, 1963,.heg .. 16 rented a room at 1026 N. Beckley--: 3 Street under the fictitious name Of! :% ._ 0. H. LEE. Two days later he wentA .;--- & 'co work at the Texas school Book ;$ *'L-z Depository, which was located at:.the-.I-- ..I^? 21 intersection of Houston and Elm ..'2 .= .- 22 Streets in Dallas, Texas. 23 At the Book Depository, BUELL wESLEY~-++W -4 24 FPAZIER was employed _- .z5 : filling department,' : ,: ._. . -. . :.:-:: ,.:-:* .. . _.. ..- : ..- .i in Xrving, 'Texas;. a suburb. of-Dallas -I -_ 4 I 43 and was a co-worker of OSWALD's, ..? .7 OSWALD'S wife and baby daughter also lived in Irving with MRS. RUTH PAINE, _ a friend of the OSNALDs. FRAZIER's -- ..- 6 sister, LINNIE MAY RANDALL, was a "- neighbor of MRS. PAIxE's in Irving. _- __. -- Sine !e OSWXLD had an apartment in Dallas,: -- .:- e-w-. he made arrangements with FRAZIER t-,. to ride to Irving with him only on-k "' i weekends, OSWALD thereafter.rode to Irving with BUELL FRAZIER i L Friday except the one immediately ,!I-y * d . preceding the a.ssassina .tion. 0n I s OSWALD did not go to se e his wi . 16 and daughter on that we ekend be he said, he was working on 4 ett his driver's license. However, ‘. next week OSWALD once'more broke-h'i ritual with FP~AZIER. On Thursday;..: 21 NO vember 2 1, 1963, LEE HARVEY OSWALti 22 as ked FRAz IER if he could 23 Irving that night for the purpose :. . 24 picking up some curtain rods for.his .A- . . i- -.-- ., '-_ -. 7+-p -_..._ 2s -. apartment. OCFriday morning, . .. *5X -_ -.S -- -7-.-7‘. --.._ I- - . ^__ .!.1/ y-.-- -_ .- -. .-- . - .-.-.--.-. *_..------__-. ______- .--.. --._-..---- ._- I : I , j 1 ! I I i i I i i I [ # i I j ! 1 ':. 1 , !’ : 1 i co I ‘1’ I 0, .- ,‘, ,- * * ., (EEZ OtI) \[3s9 :ao,? AJ CD .I- !.‘.. I/. _. . j. . _ ,, -- ---;. motorcade which was -iiue to pass _....-.:: 10 , : directly in front of the Book Depository as it made its turn off j ..' i Houston Street onto Elm Street. . 1 while the motorcade was.passing, ! _.__T t 6 FRAZIER heard three shots which -. i b r&j souncied like they came from the'areaii .__- - -- of the underpass -- near the grassy‘:- 8 -. - e.-- knoll -- in front of the At the conclusion of FRAZIER's the State will introduce into ---i dence pictures of a paper.sack..---; . .:.-G&d. *s-i found in the Texas School Bo0k.D.e.e_' -7 : ..;a -"* -.zm pository, as well as pictures 0f.X -lf$ Dealey Plaza as it appeared 16 .-. “~~?!$$!5 Yith regard to the' assassination_&&& .. .. - :-;.. 18 the State will establish thaton- __- -.., ; +' ..*i;;;z;T November 22,' 1963, PresidentXGa . -- - -__ KENNEDY and Governor JOHNT.~ON%U~ who was riding in the same.l~lC+~o.. . - i \'-T,W, (_ --.,." were wounded as a result 0 -*:‘..:* ._,_ fired by different guns atW-f2&FJ 1 _--..L I 24 locations. Furthermore, -~.t&~citated L.....--z '. 3Y--GCggi ,C will show that PRESIDENT_ .:.y [email protected] c.?l .. - . . . ._--- self was struck by a number of . _- _.._ . 2 bullets coming from different guns 3 . at different locations -- thus show- 4 ing that more than one person was . 5 shooting at the Prestdent, The . ..._ -. -. 6 evidence will show that he was struck 7 in the front as well as the back---i _. 8 and that the final shot which struck.- -2.' him came from in front of him, knock&z : wtr4 .:. ing him bac'kwards in his car. Once;:{ c-7 again, since LEE OSWALD was in they3 ?Tj --+ Book Depository beh‘ind the Presidency iq this will; show that a number of men-...~~ --.._. .xiJ - were shooting and that he was, =- -7 - 4-. : - .:-A -. therefore, killed as the result of&?- ia L.z-- ‘.: ..-.;gj -* .-.. 16 ‘- conspiracy. -7‘ * _- .. : A&,.-. The State,' in showing that a number-of' .;&-, - :. guns were fired during the assassi T --.- -..-- ..1. -. ._ -_-.. i9 tion of Pres'ident J.oI-iiT F. KENNED- “=-. ..- Ee.. ------20 ~_ will offer, in .addition to eye-'rr::;2+ .~_ -- -zij*, .;,,..,,:s e... c---, $$gg witnesses, various photographs -and‘>&? - jyq motion pictures of iqhat transpired" G**..: 23 in Dealey Plaza on November 22,‘ 19.63:' ..-. First, the ' State will offer an 8mm , -'color-_.- .---.-7nt-, motion picture' film taken by:.Abraham+ ...... :- ...... : .I-.- .- ...... :...:. : -. . .._._.. s--l -.-__- .._.._. .,L_ . . L,.S d . . ----- .-- -.__ ___._ G-_ . _ . _. . .-..I _ __ ._ _ _..- .__._._-._.------1 Zapruder,. --:-C-&kcOmmonlyxknw,on-as -I. the :,zz. _. ;;32. -. _ + _ ~ _ . - *-. ,. -.:-;.;- : . -..-a : ., . .T> . 2 ZaprUGicr 'fIlmi'." Th-iss..'fii'hy- which . -. , .. . ;-:. - :. _ ,. -- i .- - . 3 has not been shows-to“the' public, -.--___,_ -.. ..-.. . -.---- I . -e-s c--‘ :,:L. . t. . . -a -Ye. C' . 4 will clearly-sh'&,-you-the effect Of __ -. -.- _,- -. ^- - 5 the Shots striking-the-president. :.- . * ._.-.._ --a.----.--. * ._ .--- _---- ..- 6 In this conn~cSi.;;~~~~~'~~ill also Offer 7 slicies and+hotog~aphsTof various -Yxzz -. -. - -... a.-: -. _. _ .-_ --. - ___._ . .. - - 8 individual--f;ames..of ._-.--A.--- this film. ThT-__ .I. _-_^_-- -- . -- - .-.----..-...-.tr---r-- - --ir? 9 State will request7permission from-e ._,_w-c---. . .,. - - i.. .,ll.t L 10 the Court to allowa.you, the jury, ? I . .- _,, . 11 view this rnat&ri%lI-z$tius,..__ ydu wi. cf-. _ ."+.r;+.l.r---.. _. 12 be able tb see --..:-&in42olor motion -4 13 picture -- the ---President as he is .s I being struck-by+the++arious,..A.._. ._d*--.-.-:. .em.-vs.-r------eiT--...w-y--- .-.. -. -.-- bullet& I 1 14 ~)_ .-.A_-. _. - i-..--- 15 =oyIsee him faii 16 backwards as I 17 the him from -the back ;p6' Gli .-, . . : , ‘. 18 -- the front. .- iA -,, -_ -k,.e 19 ._ Also; .as evicienc2 -1. -- -. 20 __ certain other _-Land motion1 ..- . :...-&$z$% 21 picture films, .-take-2- 22 .23 1. The --. _- 24 pOlaroi.6 photog@ 3y Mary TX.. _ ri yy7r . .*..-t- 5..I .-_ 25 -... KOorman in Dealeyi ..$g ..-GNOvembe r --. -. .- . -. --. 3.._ ; .:; -*-_ . ...-- a-- __. . . . - - - .1 22, 1963. In*‘. a-edition to this _ 33 picture, but in connection with it,. the state will offer various biow-up* __--L----.- prints of this photograph. 17 -1_- . . ,; -:i . .-A 2, Various photographs taken by Mr. _.- ,=.i~..------:;f .._ 1 6 -.._. ti-.eL Philip Willis in Dealey Plaza on“~'~:~-~ ...... _._- . . . ..-- ---_ c.- November 22, 1963. -- --.--- .=x. various photographs taken by Miss- 3. ---d .- .,..,_*.I -. Wilma Bond in Dealey Plaza on Tz .-W.-z-- November 22, 1963. 4. A motion picture film with slides ;.ZZ :zi: .. _,.L *-‘Lgw A.., and photographs taken by Mr. JohF.. * .:.fiy . e...: :;..-&A Martin on November 22, 1963. A __- The State will qualify ROBERT H. WEST- _.:_..G.Lz> .. :~-:..~~~~=-?-Y=srr _-- the County Land Surveyor for.Dallas_Z_._-____ County;Texas, as a licensed r '..-+rt tered public surveyor and thus cGG;T --, .A..;&+i tent to.testify as an expert-asZo= -. ;- - .. ;: GGq+g the topographical aspects of DealeY+ -.-. Li -2+*&itt-- Plaza, Dallas, Texas. In conjunc:Z?-.&.. .-a..-$& tion with the testimony of MR.C$-!!$S%% ;i+f the state will offer into evidenyseiai -. - - _a_ . _ -.&;,zl_.T certified survey, an aerial.photo:Zzz _.b- _ I .. -.:- --; -.* .: -2-d.:-.- - d -- _ graph and a mock-up of DealeY *. .' 7+.,gzaj - .. z--i-- 7-FF- The' State will also qualify DR. ROBERT-z .. _--_ . -.. - . . ._ . .,-----.. .- -. 9 SHAW as an expert in251 . ._ .zr=;3 medicine, and in COnneT L;:..9 this testimony we wi.12 .zz 3 and medical records-cog - --+ GOVERNOR CONNALLY's 'woz - .::q ment at Parkland Merno.r.@l .--?z!.Wd in Dallas, Texas. ---z -etQ The State will qualify and3 - _1 -I- mony'of DR. JOHN NICHO .. ..I.. 2:* expert in the field of fox medicine and pathology.%?3 tion with his testimony.-:% ..<-a. . . ‘-y will offer certain exhib-i& ---xP and photographs into Furthermore, during the pres'ezj- Y-.-. 16 this case, the state wil+@ and offer the testimonG% ..;=y :: _ .-. i 18 Agent ROBERT A. FRAZIERo.-f . '::= _.: :. Federal Bureau of Investiga' .Lzz-4 - --3 an expert in the field of ._..* .:'-7 Special Agent LYNDAL.SHANz .-ll TV-- is a photographic expert;,2 -_ .,.< & 23 Federal Bureau of Invest% -.2-Z=>W6 24 be qualified and will tex -- -;qq The State also :plill present--ey$ ._.I- ..‘I r 2