Electronic Assassinations Newsletter

Issue #1 "Case Closed or Posner Exposed?"


Case Closed: Lee Harvey Oswald and the Assassination of JFK by Gerald Posner: A Preliminary Critique

Part 4

by Martin Shackelford

GARRISON: Posner launches a broad-based attack on Garrison's character, describing him as a prosecutor who sought headlines but rarely followed through with prosecutions, (290) gave aid and comfort to Carlos Marcello, (291) and was lazy. (292) Posner doesn't explain why, if Garrison had been corrupted by Marcello, he began his JFK probe by focusing on a man associated with Marcello, David Ferrie. (293) Garrison's alleged unethical case-building techniques are discussed. (294) He repeats an allegation that Garrison tried to molest a 13 year old boy, a charge made by an [unidentified] "prominent New Orleans attorney". (295) He outlines Garrison's contradictory "media blitz," (296) painting Oswald as a Nazi, when else where he described him as a scapegoat (297) or hero, and his retaliatory legal actions. (298) His "blocked extraditions" are discussed (see below, "Myths" 38-9). He is portrayed as paranoid, (299) and one such tale is attributed to Layten Martens, though no clue is provided as to how Martens came to learn of it, as it doesn't appear he was present when it happened. He cites James Phelan as his source for the statement that Garrison knew of Charles Speisel's background before Speisel took the stand over his staff's objection (300), but Phelan's sources on this turn out to be Clay Shaw and an anonymous "Garrison aide's" confirmation. (301) Posner notes the damaging impact the case had on the critical community's credibility at the time. (302)

MYTHS LIST: He provides his own list of Garrison "myths" (303), but doesn't explain why they are myths: Roger Craig's account of the Rambler picking up Oswald or a lookalike; odds-beating witness deaths (304); Ferrie and Banister both knew Oswald (305), Ruby and Oswald knew each other and both were CIA; Oswald's Fair Play activities were an intelligence front; second Oswald in New Orleans; the rifle was planted in the Depository 20 minutes after the assassination; Ruby was injected with cancer cells; and Rose Cheramie predicted the assassination. (306)

FERRIE: Posner offers some interesting new information on Garrison's version of Ferrie v. reality (307), but too quickly dismisses the idea that Ferrie may have been a backup pilot for a conspiracy, simply on the grounds that Ferrie's own plane wasn't airworthy (could he not have flown another?). He reports the coroner's finding that Ferrie died of a "berry aneurism," then adds (again without a source) that "forensic pathologists again confirmed the results in 1992." (308) He off-handedly suggests a connection between Ferrie and Carlos Bringuier, who reportedly spoke with Ferrie two days before Ferrie's death. (309)

DEAN ANDREWS: There doesn't appear to be much left of Andrews' tales when Posner finishes with him, describing him as a stoned, amoral publicity hound: "Be my guest. I'll swear to anything." (310) On the other hand, Posner says of Andrews' mention of Manuel Garcia Gonzales: "There was no such person," but a photo of Gonzales was published in Cover-Up. (311)

CLAY SHAW: Garrison's initial dismissal of Shaw's importance is noted, (312) and his later renewal of interest. (313) Posner argues that Shaw was innocent, (314) a conclusion that remains controversial in the research commnunity.

GORDON NOVEL: Posner seems to accept Novel simply as "an anti-eavesdropping expert," (315) saying "He was not [CIA], (316) though noting that "Novel knew Ferrie and claimed to have knowledge of his anti-Castro connections." He says Novel believes Garrison's staff forged the Ferrie "suicide note." (317)

MOB ROLE?: Posner discusses the Mob-did-it theory (318), after noting Robert Blakey's background. (319) To discredit Edward Becker's account of a threat by Carlos Marcello, he reports that "another man present, Carl Roppolo, denied Marcello ever said anything like that, and was not even sure there was a meeting with Becker." He falls to mention that, according to a book he cites on the previous page, Carlo Roppolo was "a close personal friend whom [Marcello] had known since childhood," and also erroneously attributes Roppolo's oil additive scheme to Becker. (320) Somewhat more impressive is the explanation by "former New Orleans police intelligence chief" Hubie Badeaux. (321) Posner dismisses the account by Frank Ragano. (322) He mentions Marcello and Trafficante's refusal to kill Frank Fitzsimmons, but fails to mention that Fitzsimmons was a gold mine for the Mob, and more cooperative than Hoffa had been. He cites Chicago FBI agent Bill Roemer's statement that there was no evidence from surveillance tapes to indicate the Mob knew anything about the assassination. (323)

ROSCOE WHITE: Posner provides a truncated and misleading account of the Roscoe White story (324), focusing only on the missing diary and allegedly forged documents, but ignoring some of the more interesting, authentic aspects of the story.

CORSICANS?: Posner dismisses the Christian David story, accepting alibis which have come into question. (325) The alleged assassin Posner states was "in the French army" was said to have been in the French navy, and his whereabouts around the time of the assassination are not clearly established. There is some question, also, as to whether the one "in prison" was able to come and go as a result of corruption.

FILMS: Posner states that the film "Winter Kills" traces the assassination back to the Mafia (326) though in fact it traces responsibility ultimately to the President's father!

FILES: He cites, without comment, Robert Blakey's statement that "I know everything in those files", (327) despite his apparent lack of awareness of organized crime-related documents later cited by John Davis, and comments by HSCA staff that the CIA "delayed in every way possible" and obstructed access to files. (328) Blakey is also said to have declined access to certain groups of CIA files.


THE CONE OF SCIENCE: Posner portentously announces that "Today, the ballistics can be subjected to advances in computer analysis... the source of the shots can be determined with precision. The following graphics are based on forensic evidence analyzed by these new techniques... " (329) Trajectory studies were, of course, done for the Warren Commission, and (by NASA) for the House Select Committee on Assassinations. No matter where the wounds are located, the trajectories always seem to find their way back to the general area of the Book Depository upper floors. Of course, the "precision" trajectory determined here with "these new techniques" results in a cone that includes 5 of the Depository's 7 floors, three vertical rows of windows, and upper windows of the Dal-Tex Building across the street (unlike the original, more honest, Failure Analysis graphics presented by Dr. Robert Piziali (330), this version deals with the problem by simply omitting, the Dal-Tex Building, lest the reader become "confused" by all the facts). (331) Also, the smaller cone only works if the reader accepts the "single bullet" and Posner's choice of Zapruder frames for the moment when it impacted.

VIEW WITH CAUTION: The graphics are no more reliable than the information on which they are based, and it is useful to recall the cautionary computer rule, "Garbage in: Garbage out." Posner again refers misleadingly to analyses of the Zapruder film as "enhancements." (332) Here, as in the photo section (where the FBI pulled the same trick), he shows a "gunsight view" which makes the shots look easy, but falls to mention that the shooter has to move his eye from the gunsight every time he operates the bolt, so there is no steady gunsight view. (333)

THE MYSTERY MARKSMAN: In briefly mentioning the ammunition (334), he fails to offer an explanation why Oswald chose bullets designed (due to the Geneva Convention) to wound instead of kill, when more destructive bullets could have been used, or the Carcano bullets modified to be more destructive. In discussing the rifle, he notes that "Oswald was proficient with an M-1 rifle," (335) but fails to mention that an M-1 was semi-automatic and required no bolt operation. Posner adds that Oswald "had practiced to become equally effective with the Mannlicher-Carcano." First of all, it is not possible to be "equally effective" with a Mannlicher-Carcano as with an M-1, as a semiautomatic rifle is a more effective weapon. Secondly, the Warren Commission found no evidence that Oswald practiced with the Carcano in any other way except to practice operating the bolt; it dismissed testimony that he practiced at rifle ranges, proving each time that he had been elsewhere. The diagram of the fingerprints leaves one wondering how Oswald put his right index print on a box as part of his "sniper's nest" activities, as opposed to normal work on the 6th floor. In fact, Posner misplaces the boxes in the "sniper's nest," relying, on Warren Commission exhibits which misrepresent the scene (336), instead of the more accurate photographic exhibits (337) which are consistent with photograph taken just before and after the shooting from outside the building. (338)

FAILURE ANALYZED: He discusses Failure Analysis Associates as if their findings were uniformly supportive of his arguments. (339) He refers only to the work of the team headed by Dr. Robert Piziali, and ignores the work of the team headed by the firms' president, Dr. Roger McCarthy, which was used in Oswald's defense in a 1992 mock-trial. As to Dr. Piziali's commitment to Posner's position, Piziali and McCarthy decided which team would work for which side by the the flip of a coin. But for chance, Posner would be citing Dr. McCarthy and ignoring Dr. Piziali. Posner again incorrectly refers to "computer enhancements of the Zapruder film" (340) when he is talking about computer analysis done, in part, using frames from the Zapruder film as a basis, not "enhancement" of the frames themselves. It sounds impressive that they "fixed the position of the limousine and the postures of Kennedy and Connally at the precise moments of impact," except they fixed the positions at the "precise moments" they were told were the frames of impact. If that information was inaccurate, so is the analysis. Of course, Posner states this is based on "careful analysis," but falls to note this analysis was not done with a computer. Finally, there is one more, somewhat subtler, falsification in the graphic of the Book Depository: it shows only one open window, the "sniper's nest," and that open all the way to the middle. In reality, the window was only one-third open, as shown on the previous page, and was only one of at least 12 open windows in the building at the time of the shots. (341)

MISPROVING THE SINGLE BULLET THEORY: The alert reader will note that the frontal graphic places the back wound to the right of the President's head, while the overhead graphic places it at the edge of the neck. (342) The relevant autopsy photo, perhaps too gruesomely inconvenient for Posner's readers, shows the back wound even farther toward the President's left, inconsistent with both graphics. One would think this might have an effect on the trajectory path, but perhaps the graphics were simply intended as a new "cartoon version" of the bullet's path. (343) The overhead view also places the throat wound toward the right side of Kennedy's throat, rather than almost exactly at the center, as shown by another of the gruesomely inconvenient autopsy photos. (344) A splintered vertebra tip is noted, which is not mentioned either in the report of the original autopsy doctors, who examined the X-rays and were searching for evidence of a path through the neck, or in the 1968 report of the Clark Panel, which examined the X-rays and explicitly reported: "There is no evidence of fracture of either scapula or of the clavicles, or of the ribs or of any of the cervical and thoracic vertebrae." Apparently no one was "expert" enough to notice the damage until the House Committee review in 1978, though they were looking at the original X-rays, and the damage is readily apparent to the casual viewer of the printed versions in the House Committee volume and in books like Mortal Error. Was this one of the original X-rays? The entrance wound in Connally's back is described as being "1 1/4" long," though according to Dr. Shaw, who operated on the Governor, that was the length of the wound after he cut away tissue from a 1.5 centimeter entry wound. Dr. Shaw didn't believe the wound was made by a tumbling bullet, but Posner cites it as another of the "facts" on which the "precision" graphics are based. So much for the wound being "the exact length of the bullet." Posner says the bullet "shatters fifth right rib," though in fact it simply broke off a four-inch piece of the rib, often cited as the cause of CE 399's flattening. A few pages later (345), CE 399 is compared to a Failure Analysis test bullet, which looks pristine after being fired through "a cadaver's wrist," though not after also having damaged a vertebra and breaking off a piece of rib, as Posner argues CE 399 did. The angle of impact on the wrist bone can also affect the amount of damage. The bullet is, in short, hardly "the final physical evidence necessary to prove the single-bullet theory."

ESCAPISM: Oswald's escape is made to appear much simpler by eliminating all of the piles of boxes which numerous photographs show throughout the 6th floor." (346) The location of the clipboard is noted: though near the location where the rifle was found, the clipboard wasn't located for more than two weeks: the police search must have been extremely thorough if it took that long to go that short a distance. If Oswald followed the path shown on the 2nd floor, Officer Baker wouldn't have seen him until after he left the lunchroom. (347) Posner again misidentifies the newsman directed by Oswald as Robert MacNeil. (348)

APPENDIX B: THE MAGIC DEATH LIST: Posner correctly discards the ridiculous odds figure erroneously published by the London Sunday Times and endlessly repeated since. (349) He also correctly notes that Jim Marrs' expanded death list includes Karen Carlin under two different names as two separate deaths (350), although she is still alive (John Davis interviewed her recently) (351), a fact of which Posner is apparently unaware. (352) He also properly takes Marrs to task for listing deaths with known and published causes as "unknown," (353) and for including people with no real connection to the case. His discussion does get a little misleading, however, when his list of "key witnesses" who saw people on the grassy knoll, "all alive," omits the late Lee Bowers; the others either stopped talking for years (Jean Hill, Ed Hoffman) or were afraid to talk for years (Malcolm Summers, Gordon Arnold). Other "fundamental conspiracy witnesses" cited by Posner (Beverly Oliver, Delplhine Roberts, Frank Ragano) also waited many years to speak out, until the people affected were all dead. He notes the high incidence of heart attacks (354), without noting that heart attacks are relatively easy to induce artificially without leaving a trace discernible at autopsy. He refers to the 1970s as "well over a decade after the assassination," though nearly one-third of the seventies was within a decade after the assassination. His descriptions of some of the deceased are also misleading:
*C.D. Jackson: referred to only as the Life executive "who decided to purchase the Zapruder film," though Richard Stolley notes Jackson decided to purchase all rights to the film, beyond print rights, to prevent it being shown as a film, on grounds of "taste." Posner also falls to mention Jackson's CIA connections.
*Guy Banister: Posner continues to deny any link to Oswald (but see above, "Guy Banister").
*Paul Mandel: Posner notes Mandel "wrote a single article on the assassination" for Life, but fails to mention that, at a time when the Zapruder film was not available for viewing, except for those frames published a week earlier by Life itself, Mandel grossly misrepresented the film's contents.
*Mrs. Earl Smith: Posner said she "had nothing to do with the Kennedy case," unless of course, as Dorothy Kilgallen's closest friend, she knew what new evidence Kilgallen claimed to have uncovered in the case before Killgallen died very shortly before Smith.
*Jack Ruby: Posner notes it is difficult to induce cancer, but says Ruby died of a blood clot, which is not at all difficult to induce.
*Hiram Ingram: Posner uses an opportunity to refer to Roger Craig's "elaborate tale about a phantom getaway car," though photos taken in the Plaza at the time show a vehicle matching the description later given by Craig.
*Dr. Nicholas Chetta: Posner repeats his unsourced reference to "subsequent" forensic confirmation of Dr. Chetta's findings in the David Ferrie autopsy.
*Charles Mentesana: Posner incorrectly identifies him as "one of several news cameraman who filmed Lt. Carl Day carrying the Carcano rifle out of the Book Depository." Mentesana was, in fact, an amateur movie cameraman who filmed police examining another rifle, clearly not the Carcano, near the Depository.
*Abraham Zapruder: Posner describes him as "uninvolved in the investigation," failing to mention he reported shots came from behind him.
*Charles Cabell: Posner seems to feel Cabell could not have any connection with the assassination because he "was no longer with the [CIA] at the time of the assassination." Even if the CIA was involved in the assassination, this is insufficient to establish that Cabell was unconnected. He also fails to mention that Cabell's brother was Mayor of Dallas on November 22, 1963, though he mentions the Mayor later on the same page, again without noting a link.
*Clay Shaw: Posner suggests there is no question about the cause of death, despite the lack of an autopsy.
*Allen Sweatt: Posner notes he "worked briefly on the case," but fails to mention that Sweatt was tied in with the rumor that Oswald worked for the FBI.
*Ralph Paul: Described only as "Jack Ruby's business partner," Paul was also Ruby's best friend in Dallas.
*William Harvey: "knew of the attempts to kill Castro" hardly describes Harvey's role in the CIA assassination programs.
*C. L. Lewis: Posner misleadingly describes him simply as "one of the dozens of Dallas deputy sheriffs who worked on the case."
*Dr. James Weston: Posner omits that Weston was used in the 1975 CBS series supporting the Warren Commission findings, but held a press conference the next day charging that his views were misrepresented on the program.
*Eddy Benavides: Posner fails to mention that Domingo Benavides' identification of Oswald became firmer after the death of his brother Eddy.
*Mary Meyer: Posner implies it is uncertain whether she was actually JFK's mistress, though this has been confirmed by Ben Bradlee and others close to JFK. She told Timothy Leary she knew something about the assassination, but Posner says "she was not associated with any aspect of the case."
*Dorothy Kilgallen: Posner differs with her biographer in stating Kilgallen had "no scoop pending" on the case at the time of her death.
*Rose Cheramie: Posner repeats his inaccurate version of Cheramie's account.
*Albert Bogard: Posner incorrectly says "none of his co-workers supported his story" about Oswald.
*William Pitzer: Posner indicates there is no indication Pitzer was present at the Bethesda autopsy, especially taking a film. In fact, the source of the story is one of the autopsy technicians, Dennis David, a close friend of Pitzer who not only saw Pitzer taking the film, but helped him edit it later. (355) As David and Pitzer's family report, the verdict of "suicide" is also in question. (356)
*Eladio del Valle: As Gordon Winslow documented amply at ASK 1992, contemporary news accounts make it highly unlikely that del Valle was murdered by, as Posner suggests, "Castro agents."
*Hale Boggs: Posner fails to mention that Boggs had expressed doubts about some of the Warren Commission's findings, despite being, a member, and says "it is not clear why he qualifies" as a mysterious death. He lists Boggs' death as "plane crash," though the plane was never found.
*Thomas Davis: Checked into a New Orleans hotel the day before Oswald's confrontation with Carlos Bringuier, but Posner is apparently unaware of this.
*Joseph Milteer: Posner minimizes the detail in his assassination prediction.
*Sam Giancana: Posner apparently feels that the FBI is a more reliable source on Giancana's knowledge of the assassination than Giancana's brother, who says Giancana was involved.
*Johnny Roselli: Posner fails to mention Roselli told Jack Anderson that a Castro hit team killed JFK.
*George De Mohrenschildt: Here, Posner seems to be saying that testifying before the Warren Commission and giving later press interviews disqualifies someone as a "mysterious death."
*William Sullivan: Not shot, as Posner reports, by "a fellow hunter," but shot on his own property by a stranger who "mistook" him for a deer. Posner even implies that Sullivan was unconnected to the FBI's assassination investigation.
*Francis Gary Powers: Posner fails to mention Powers' suspicion that Oswald's information to the Soviets helped them shoot down his U-2.

ACKNOWLEDGMENTS: Posner seems to have been granted access to materials not made available to other researchers, including Admiral Burkley's oral history in the JFK Library, which a colleague of mine unsuccessfully sought to hear. (357) Perhaps he had the permission of Burkley's family; if so, how did he obtain this? He seems to have had extensive cooperation from government agencies, including the CIA, and from Clay Shaw's attorneys. He gives special thanks to Carlos Bringuier, Dr. Michael Baden, Dr. John Lattimer and Earl Ruby. He was only the third nongovernmental person to interview Yuriy Nosenko, and one of the few granted an interview by Bill Alexander. For acoustics, he relied extensively on Jim Bowles. He was assisted by Itek Corporation, often used by CBS and the CIA. He again refers to "computer enhancement" of the Zapruder film, which is nonsense. As an expert on Oswald in New Orleans, he relied on the Rev. Dave Murph, who is totally new to me. He also relies on apologist Jim Moore. He had considerable cooperation from retired law enforcement personnel. In addition, he acknowledges cooperation from the major repositories of information in the critical community: the files of Harold Weisberg, Mary Ferrell, and the Assassination Archives and Research Center among them. He also had full access, but gives no credit, to the files of the JFK Assassination Information Center in Dallas. According to director Larry Howard, Posner spent a few hours looking through the files, and didn't ask a single question of anyone there. (358)


1)  That Oswald was a poor shot in the Marines, (359) though he clearly was
a poor shot in Russia, as even Posner concedes. (360) (But see below, #13,
regarding how this relates to his ability with the Carcano.).
2) That Yuriy Nosenko was a KGB plant (361) - Posner, in fact, provides perhaps the best published account of the Nosenko case to date. Incidentally he also describes how Edward Epstein allegedly intentionally blew Nosenko's cover in 1978. (362)
3) Oswald got into the U.S.S.R. with mysterious facility. (363) The only remaining question is how Oswald knew to go to Helsinki.
4) Nosenko provides a plausible explanation for the KGB not debriefing Oswald, (364) and for Mikoyan's favorable intervention. (365)
5) Posner provides a plausible explanation for the CIA's delay in opening a file on Oswald. (366)
6) Marina's uncle was "a KGB man". (367)
7) Oswald worked in a restricted plant, or studied at an intelligence school. (368)
8) Oswald had a "lavish lifestyle" in Russia. (369)
9) Oswald spoke fluent Russian. (370)
10) Oswald easily returned from the Soviet Union. (371)
11) Oswald's Defense Department Privileges card was suspicious (372)
12) Oswald wasn't a violent person. Throughout, his treatment of Marina after their return to the U.S. was brutal, and this is well-documented. Posner cites the documentation throughout Chapters 5 and 6. Volkmar Schmidt also concluded that Oswald was "a violent person" (373) though he later threw a party for the Oswalds, and introduced them to Ruth Paine. (374) Posner also reports testimony that he was agressive toward co-workers at Jaggars-Chiles-Stovall. (375)
13) The Mannlicher-Carcano was an unreliable weapon. (376) It has long been absurd to argue that the Italian army would use a rifle from 1891 to 1943 that couldn't shoot straight or perform reliably. Too many people listened to Mark Lane on this point, on which he is simply not credible. On the other hand, it is much inferior to the Marine Corps weapon, semi-automatic, that Oswald used to obtain the test scores cited by apologists to prove he was an excellent marksman. It is highly unlikely he could have shot as well with the Carcano.
14) The quick issuance of Oswald's second passport in New Orleans was unusual. (377)
15) David Ferrie's library card was found among Oswald's belongings. (378)
16) Ferrie and Oswald were in the Civil Air Patrol at the same time. (379)
17) The FBI received a teletyped warning prior to the assassination. Posner certainly casts serious doubt on the story by William Walters. (380)
18) Oswald was an FBI informant. (381)
19) Oswald was "placed" at the Book Depository by conspirators. (382)
20) Second Oswald sightings: Posner credibly discredits some of them. (383)
21) The "Oswald note" to the FBI was a warning of the assassination. (384)
22) The tale of Julia Ann Mercer of Jack Ruby and the pickup truck. (385)
23) The testimony of jail inmate John Powell. (386)
24) The Altgens photo shows Oswald in the Depository doorway at the time of the shots. (387)
25) The 6th floor shells were neatly lined up in a row. (388)
26) A Mauser was found on the 6th floor instead of a Carcano. (389)
27) Oswald's palmprint was placed on the rifle from his corpse at the funeral home. (390)
28) Kennedys' body was removed from the casket, traveled separately, and was surgically altered before the autopsy (391)
29) The Single Bullet would have to follow a zig-zag path to hit both men (392), what critic Todd Vaughan calls "the cartoon version" of the Single Bullet Theory.
30) It was suspicious that the Dallas Police didn't record Oswald's interrogation (393)
31) Oswald owned a Minox "spy camera". (394)
32) Oswald was an FBI informant, and this was leaked to the press. (395)
33) The paraffin test means something. (396)
34) Jack Ruby was involved in the Leon Cooke murder in Chicago. (397)
35) Ruby represented the Chicago Mob in Dallas. (398)
36) Ruby's informant relationship with the FBI was suspicious. (399)
37) Sylvia Meagher's Subject Index to the Warren Report is an objective reference. (400)
38) Ohio Gov. James Rhodes blocked Garrison's attempt to extradite Gordon Novel. (401)
39) Calif. Gov. Ronald Reagan refused to honor a legitimate extradition request for Edgar Eugene Bradley. (402)
40) Information on Oswald in a New Zealand newspaper got in with suspicious speed. (403)
41) Deaths of related figures after the assassination violated staggering odds. (404)


1)  Posner mentions a four-part 1992 series in Isvestiya (August 7, 8, 11, 
13) based on Oswald's KGB file, and also indicates that Norman Mailer was 
given access to the file. (405)
2) The HSCA interview with Guy Banister's brother Ross Banister. (406)
3) Valeriy Kostikov is working on a book about his meeting with Oswald in Mexico City. (407)
4) Oleg Nechiporenko claims to know the identity of the man mistaken for Oswald in Mexico City (408)
5) Dallas radio reporter Travis Linn allegedly recorded the assassination, but his tape was accidentally erased at the radio station. (409)
6) Six new Plaza witnesses, employees of the U.S. Post Office, three of whom watched the assassination with binoculars. (410) Posner quotes only one.
7) Adm. Burkley's oral history at the JFK Library indicates he suggested to Mrs. Kennedy that the autopsy be done at a military rather than a civilian hospital, with no discussion of a forensic rather than a hospital pathologist. (411)
8) Jada gave an interview which appeared January 1, 1964 in the El Paso Herald Post. (412)

ORIGINAL INTERVIEWS (from chapter notes):
Yuriy Nosenko, Ernst Titovets, Marina Oswald, researcher David Perry, 
Michael Paine, Ruth Paine, Art Pence, Adrian Alba, Huble Badeaux, Delphine
Roberts, Delphine Roberts Jr., John Lanne, Shaw attorney Irvin Dymond,
Carlos Bringuier, Warren De Brueys, Francis Martello, journalist Gerald
Nadler, Edwin Lopez, Bill Alexander, Danny Arce, Ronald Fischer, H. B.
McLain, Harold Norman, Travis Linn, Amos Euins, researcher Gary Mack, Jim
Moore, Tom Weaver, John Crawson, Bernie Schram, Francine Burrows, Carl Day,
Dr. Pepper Jenkins, Dr. Bill Midgett, Dr. Ron Jones, Dr. Paul Peters, Dr.
Charles Baxter, Dr. Malcolm Perry, Dr. Adolph Giesecke, Dr. Robert Shaw,
Francis O'Neill, Dr. Michael Baden, Dr. Cyril Wecht, Dr. James Humes, Dr.
John Lattimer, Dr. Charles Carrico, Robert Kraus, James Tague, Dr. Michael
West, Dr. Robert Piziali, John Connally, Earl Ruby, Bill Roemer, Tony Zoppi,
"confidential FBI source," Rabbi Hillel Silverman, Burt Griffin, James
Lesar, Milton Brener, Alvin Beauboeuf, Layton Martens, Cynthia Wegmann,
Robert Blakey, David Wrone, Brian Litman, & James Leavelle.

290  pp. 423-426.

291  pp. 426-427.  

292  p. 427.

293  p. 428. 

294  pp. 433-7, 439-41, 447.

295  Footnote, p. 438.

296  pp.442-3, 448.

297  p. 451.

298  p. 443, 450.

299  pp. 448-9.

300  pp. 450.

301  James Phelan, Scandals, Scamps and Scoundrels, p.174.

302  p. 453.

303  p. 446.

304  He doesn't mention that this is based on a London Sunday Times
study which was later retracted as having been based on bad methodology 
which greatly inflated the figures (figures also later used at the end of 
the film "Executive Action".)

305  Proven a myth, apparently, in his mind, but not so certain to most 

306  He says Cheramie didn't mention the assassination plan until Nov. 25, 
relying on a statement by Dr. Victor Weiss to HSCA investigators that he 
heard nothing about it until then; Dr. Weiss also said, however, that a 
colleague, Dr. Bowers, reported Cheramie's pre-assassination statements 
on the subject; Posner also ignores the statement of the first person to 
hear Cheramie discuss the matter, state police Lt. Francis Fruge (Summers,
Conspiracy, op.cit., note 83, pp. 591-2; Hurt, Reasonable Doubt, op. cit., 
pp. 411-12). 

307  pp. 428-9.

308  pp. 435-6.

309  p. 436.

310  pp. 429-31.

311  Shaw and Harris, op. cit., p. 164.

312  pp. 431-2.

313  p. 437.

314  p. 451, including footnote.

315  p. 435.

316  Footnote 2, p. 435.

317  Footnote 3, p. 435.

318  pp. 458-66.

319  p. 456.

320  John Davis, Mafia Kingfish, p. 119.

321  p. 461.

322  pp. 462-3.

323  pp. 463-4.

324  p. 468.

325  p. 468.

326  Footnote 1, p. 468.

327  p. 271.

328  Summers, Conspiracy, op. cit., pp. 520-1.

329  p. 473.

330  "Trial of the Century," op. cit.

331  p . 477; Officer Marrion Baker testified that he thought the shots came
from one of the two buildings in front of him: the Depository and the 
Dal-Tex Building.

332  p. 474.

333  Well-illustrated by the scope graphics generated by Failure Analysis 
and shown during Court TV coverage of "The Trial of the Century," though not
introduced into evidence.

334  p. 474.

335  p. 475.

336  CE 733, CE 1301.

337  CE 724 (Dallas Police), and the photos taken by joumalists Jack Beers 
and Flip Schulke, and an uncredited UPI photographer. There is, by the way, 
another manipulated version, in addition to the one used by Posner: it 
appears in CE 509.

338  Jack Weaver photo, Robert Hughes film just before; Tom Dillard and 
James Powell photos just after.

339  p. 477.

340  p. 477.

341  As can be seen in the Dillard and Powell photos, it was one of four 
open windows on the 6th floor; there were also 4 open on the 5th floor, 2 on
the 4th floor, and at least 1 each on the 3rd and 2nd floors. Dillard is 
particularly important, as it shows an unidentified man in the west end 6th 
floor open window. Elsie Dorman was shooting movies from one of the open 
4th floor windows.

342  pp. 478-9.

343  The attorneys who presented the Failure Analysis graphics at the 1992 
mock trial themselves referred to them as "the cartoons": "Trial of the 
Century," op. cit.

344  The margin of the throat wound is clearly visible in the lower middle
of the tracheotomy cut.

345  p. 482.

346  pp. 480-1.

347  As noted above ("Oswald After"), Howard Roffman discusses this in
detail in Presumed Guilty.

348  See above, "Missed Stories?"

349  p. 483.

350  Footnote, p. 484.

351  The Kennedy Contract.

352  At the October 1992 ASK conference in Dallas, Beverly Oliver mentioned 
having had recent contact with Carlin.

353  p. 485.

354  p. 485.

355  Livingstone, High Treason 2, op. cit., pp. 556-7.

356  ibid., pp. 557-9.

357  Telephone conversation with Kathlee Fitzgerald.

358  "Now" (NBC News) 8-25-93.

359  p. 20.

360  Footnote 2, p. 67.

361  Chapter 3.

362  p. 46.

363  p. 47.

364  p. 49.

365  p. 52

366  Footnote, p. 53.

367  Footnote, p. 55.

368  Footnote, pp. 56-7.

369  p. 58.

370  pp. 63-5.

371  pp. 67-73.

372  Footnote 2, p. 93-4.

373  p. 99.

374  p. 101.

375  p. 110.

376  p. 104.

377  p. 133-4.

378  Footnote 2, p. 143.

379  p. 143.

380  Footnote, p. 155.

381  Footnote, p. 208.

382  Footnote 1, p. 202.

383  p. 213-14, Footnote 1 p. 214.

384  Footnote, pp. 216-17.

385  p. 229.

386  pp. 229-30.

387  p. 261.

388  Footnote, p. 270. A photo often cited to show the shells lined up was
printed underexposed in the Warren Commission volumes; one shell is almost
invisible in the shadows, and another object near the wall has been mistaken
for a shell casing.

389  Footnote, p. 271.

390  pp. 284-5; also confirmed by Rusty Livingston of the Dallas Police
Crime Lab at the 1992 Chicago conference; ink on Oswald's hands was used for
a postmortem fingerprint card, but there was no ink on the rifle, so the
palmprint was not made that way.

391  pp. 295-301; the theory had been previously debunked by Harrison
Livingstone in High Treason 2, included in Posner's bibliography, but not
cited in support of his argument. Posner does note Dr. Cyril Wecht's
dismissal of Lifton's body alteration theory as "crap" (p. 297).

392  pp. 334-5.

393  pp. 343-4.

394  Footnote, p. 344.

395  Footnote, p. 348: Bill Alexander admits making up the story and
planting it himself.

396  Footnote and text, p. 349.

397  Footnote and text, p. 352.

398  p. 354.

399  Footnote 1, p. 360.

400  Footnote, p. 419.

401  Footnote 2, p. 435.

402  Footnote, pp. 443-4.

403  Footnote, pp. 468-9.

404  p. 485; though the source of the figures repudiated them, critics and
the film "Executive Action" continued to cite them as if they were
meaningful or reliable.

405  p. 46.

406  p. 529, note 108.

407  Footnote, p. 183.

408  Footnote 3, p. 186.

409  pp. 243-5.

410  p. 262.

411  p. 299.

412  p. 559, note 82.


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