Impossible: The Case Against Lee Harvey Oswald (56 page)

Read Impossible: The Case Against Lee Harvey Oswald Online

Authors: Barry Krusch

Tags: #Non-Fiction, #History

If you know in advance that millions of people will be exposed to this frame, through newspapers, radio, and television, you are good to go.
Of course, on the outside chance that certain members of the media themselves would not cooperate, anyone who would order the murder of a President would most likely have a backup plan to take care of any contingencies like that — right?
So, as we close off this section, let’s review what we’ve learned:
  • That there were only
    two
    , and not
    three
    , shells on the sixth floor of the Texas School Book Depository Building is indicated not only by the early documentary evidence, including receipts and photographs, but also by a deductive proof related to the chain of custody based on the April 22 testimony of J.C. Day (as modified to the extent possible by Day’s June 23 affidavit).
  • The deductive proof results in a
    checkmate
    for
    The Case Against Oswald
    ; if the aforementioned testimony is
    true
    , then there is no Case Against Oswald, and if it is
    false
    , then there is no Case Against Oswald.
  • These two shells were turned over by a member of the Dallas Police Department to the FBI without explicit orders transferring jurisdiction, which would entail a level of coordination that is not formally explainable.
  • Because there is a deductive proof that there were only
    two
    shells on the sixth floor, then all the testimony to the contrary indicates coordinated disinformation that by itself throws into doubt the credibility of all the evidence in the case, not just that related to the empty shells.
  • Chain of custody issues related to the Brown and Williams possession (as well as the Day testimony) indicate that
    at least two
    of the shells that became Warren Commission exhibits were not those found on the floor of the Texas School Book Depository, a second deductive proof.
  • There is evidence on record that the Warren Commission misreported testimony, which if true would in and of itself obliterate faith in
    any
    evidence.
  • Evidence against Oswald, when it can be demonstrated to be manufactured, is
    automatically
    converted into evidence for a conspiracy designed to hide the identity of the true assassins of the President, to allow these individuals to literally get away with murder — a crime for which there is no statute of limitations. And when the victim is the President of the United States, even more so than for any other person,
    this simply cannot be allowed.
To this last point, we now need to adopt a new attitude as we move through this book, and think in stereo. As we view the evidence, we need to see it from
two
perspectives:
Is this evidence
for
or
against
the elements of
The Case Against Oswald
?
AND
Is this evidence
for
or
against
the notion that there was a conspiracy to cover up the identity of the true assassins of the President, with both witting and unwitting participants?
To answer this latter question, we ought to heed these words of wisdom from Vincent Bugliosi (RH 1439):
A conspiracy is nothing more than a criminal partnership. And although conspiracies obviously aren’t proved by the transcript of a stenographer who typed up a conversation between the partners agreeing to commit the crime, there has to be some substantive evidence of the conspiracy or partnership’s existence.
And in the conspiracy prosecutions I have conducted, I have always been able to present direct evidence of the co-conspirators acting in concert before, during, or after the crime, and/or
circumstantial evidence from which a reasonable inference of concert or meeting of the minds could be made
.
In this excerpt, we learn something important. The conspirators to murder the President (or to hide the true identity of his assassins) are not likely to be publishing their internal memos, such as existed. They didn’t have court reporters present to record their conversations, nor tape recorders. So, how do we prove conspiracy? Through the existence of “circumstantial evidence from which a reasonable inference of concert or meeting of the minds could be made.” Synchronized misstatements, planted evidence, forged documents, conclusions that violate the laws of physics: if we can see a pattern of improbable persuasion as we make our way through this book, we are able to rule out mere negligence as a hypothesis, and through sheer volume, are able to detect the presence of an “invisible hand” guiding otherwise innocent parties down a predetermined path.
So, both camps, the ones who maintain that Oswald is innocent, and the ones who maintain that Oswald is guilty, are in the same boat: forget claims, forget stipulations, and focus on
evidence
! And, when you analyze the evidence, look at it from the standpoint of
logic and intuition
: does this evidence
really
make sense?
To this point, we will let Mr. Bugliosi have the final word (RH 1437; emphasis supplied):
If . . . there is no evidence to support your allegation, from a legal standpoint you’re out of court.
But even if you’re out of court, if you can at least argue that “well, there’s no evidence of this, but logic and common sense tell you it is so,” you still have talking rights and you can still play the game, as it were.
But when you not only have no evidence, but logic and common sense tell you it isn’t so, it’s time to fold your tent. No evidence plus no common sense equals go home, zipper your mouth up, take a walk, forget about it, get a life.
My sentiments exactly, Mr. Bugliosi. Let’s take a look at rest of the evidence, and see what it has to tell us.
THIS CONCLUDES VOLUME ONE
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Impossible: The Case Against Lee Harvey Oswald (Volume One)
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Here is the link to Volume Two
Impossible: The Case Against Lee Harvey Oswald (Volume Two)
Footnote references for
Foreword
1
Quoted in
Accessories After the Fact
, p. 453; see also
Evidence Of Revision
DVD # 1, at 1:24.
2
Effects of group pressure upon the modification and distortion of judgment
, found in H. Guetzkow (Ed),
Groups, Leadership, and Men
, pp. 177-190.
3
http://en.wikipedia.org/wiki/Solomon_Asch (retrieved March 23, 2011). See also
The Social Animal
, Third Edition, p. 19. Data in the table is from “Opinions And Social Pressure,”
Scientific American
, Volume 193, Number Five (1955).
4
The Schotz speech is contained in Vincent Salandria’s book
False Mystery
, quotes from pp. 180-1 (emphasis supplied). The image on the left is CE385, found at 17H977 (that is
Commission Exhibit
385, which can be found in volume 17 of the
Warren Commission Hearings And Exhibits
, page 977). The image on the right is from the
FBI Supplemental Report to the Warren Commission
dated January 13, 1964, CD105, p. 69 (
Commission Document
105, page 69).
Footnote references for
Introduction
1
“The truth is way out there; Jim Marrs believes that Kennedy was murdered as part of a vast conspiracy, that aliens visit us regularly, and that the Trilateral Commission controls our government. So, what if he’s right?” by Robert Wilonsky,
Dallas Observer
(Texas), July 6, 2000.
2
Digital Journal
, “9/11 Truth - Governors, veterans, and loonies.” (September 11, 2011).
Footnote references for
Chapter 1: An Introduction to Reasonable Doubt
1
Maimonides, Saeer HaMitzvot, Negative Commandment 290, quoted in N. L. Rabinovich,
Probability and Statistical Inference in Ancient and Medieval Jewish Literature
, 111 (1973).
2
Justinian, Digest, 48.19.5 (collected in 9 S. P. Scott,
The Civil Law
110 (1932). Trajan ruled A.D. 98-117.
5
39 Geo. L.J. Ann. Rev. Crim. Proc. 1 (2010).
6
"The Thumb on the Scales of Justice: Burdens of Persuasion in Criminal Cases", Barbara Underwood, 86
Yale Law Journal
1299 (1977).
7
"The Thumb on the Scales of Justice: Burdens of Persuasion in Criminal Cases", Barbara Underwood, 86
Yale Law Journal
1299 (1977).
Footnote references for
Chapter 2: Reasonable Doubt: The Deductive Case
1
1A Kevin O'Malley et al.,
Federal Jury Practice & Instructions: Criminal
12.10, at 168 (2000).
2
Erik Lillquist, “Recasting Reasonable Doubt: Decision Theory and the Virtues of Variability,” 6 U.C. Davis L. Rev. 85, 126-7 (2002).
3
"Defining the Standard of Proof in Jury Instructions," Dorothy Kagehiro,
Psychological Science
, Vol. 1, No. 3, May 1990, p. 194.

Footnote references for
Chapter 3: Reasonable Doubt: An Objective Standard

1
This is a theoretical number. In the real world, this number will not translate exactly because people’s judgment regarding confidence level can be mistaken. However, theoretically perfect judgment would result in a one-to-one correspondence between confidence determination and outcome. As a real world example, if you are 50% confident that a coin flip will result in
heads
, over a few thousand trials you will be right approximately 50% of the time (assuming a two-sided coin, of course). Note that a confidence level of 95% (assuming a completely accurate observer) results in 5 false convictions for every 100
convictions
, not every 100
cases
, according to Dr. Steve Patch, Professor of Statistics at the University of North Carolina in Asheville (e-mail to author, May 11, 2011).

2
C.M.A. McAuliffe, “Burdens of Proof: Degrees of Belief, Quanta of Evidence, or Constitutional Guarantees?”, 35
Vand. L. Rev
. 1293, at 1325 (1982).

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