[[ posted on alt.conspiracy.jfk.moderated on 10/18/96 by: jmcadams@primenet.com (John McAdams) ]] ========================================================================= -------------------- Hickey suit against St. Martins ------------------- UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GEORGE W. HICKEY, JR. } } Plaintiff, } } v. } Civil Action No. H96-2530 } ST. MARTIN'S PRESS et al. } } Defendants } ---------------------------------------------- PLAINTIFF'S FIRST AMENDED COMPLAINT (Action for Libel; Invasion of Privacy/False Light; Republication by Third Parties) (Demand for Jury Trial) PARTIES 1. The Plaintiff, George W. Hickey, Jr. ("Hickey"), is a retired Special Agent of the United States Secret Service who served from 1963-1971 in the presidential and vice-presidential protective details. He is a United States citizen and resides in Cecil County, Maryland. 2. Defendant St. Martin's Press, Incorporated ("St. Martins") is a for-profit company that transacts business in Maryland by publishing hardcover books on various topics which are then widely distributed and sold throughout the world, including in the States of Maryland, Montana, Wyoming, Wisconsin and Alaska and the nations of the United Kingdom, Japan and China. It is the publisher of the hardcover edition of Mortal Error. It has its principal place of business in New York but regularly conducts and solicits business in Maryland, and engages in a persistent course of conduct and derives substantial revenue from the sales of its books in Maryland. St. Martin's Paperbacks ("SMP") is an imprint used by St. Martins and publishes paperback books on various topics which are widely distributed and sold throughout the world, including in the states of Maryland, Montana, Wyoming, Wisconsin and Alaska and the nations of the United Kingdom, Japan and China. It is the publisher of the paperback edition of Mortal Error. SMP is not a separate legal entity from St. Martins. 3. Defendant Simon & Schuster, Inc. ("S & S") is a for-profit company that transacts business in Maryland by publishing hardcover books. It also maintains an audiotape division called Simon & Schuster Audio Division which publishes and distributes audio-taped versions of books throughout the world, including in the states of Maryland, Montana, Wyoming, Wisconsin and Alaska and the nations of the United Kingdom, Japan and China under the name Audioworks. This division published an audiotape edition of Mortal Error. S & S has its principal place of business in New York and regularly conducts and solicits business in Maryland, and engages in a persistent course of conduct and derives substantial revenue from the sales of its books in Maryland. JURISDICTION AND VENUE 4. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1332(a) and Md. Cts. & Jud. Proc. Code Ann. 6-103(a),(b)(1) and (b)(4). 5. This Court has venue over this matter pursuant to 28 U.S.C. 1391. COUNT ONE (LIBEL) 6. Upon information and belief, in or about February, 1992, St. Martins published the book Mortal Error by Bonar Menninger and Howard Donahue which recounts Donahue's theory that Hickey, while serving in his official capacity as a Special Agent of the United States Secret Service and riding in the presidential follow-up car in Dallas, Texas, on November 22, 1963, shot and killed President John F. Kennedy. A copy of the hardcover edition of the book is attached as Exhibit "1" (filed with the Court only). The book was and continues to be sold throughout the world, including in the States of Maryland, Montana, Wyoming, Wisconsin and Alaska and the nations of the United Kingdom, Japan and China. 7. Upon information and belief, in or about late September or October, 1992, SMP published the paperback version of the book Mortal Error. The book was and continues to be sold throughout the world, including in the States of Maryland, Montana, Wyoming, Wisconsin and Alaska, and in the nations of the United Kingdom, Japan and China. Upon information and belief, all management decisions affecting SMP are coordinated by St. Martins. 8. Upon information and belief, in or about April 1992, S & S published an audiotape version of Mortal Error. The tape presents an abridged version of the book's contents, and was and continues to be sold throughout the world, including in the States of Maryland, Montana, Wyoming, Wisconsin and Alaska, and in foreign nations. 9. Taken in their entirety, each edition of Mortal Error is replete with false and misleading defamatory statements and innuendoes. The sole impression which they seek to convey is that while working in his official capacity as a Special Agent of the Secret Service assigned to protect the life of the president of the United States, Hickey carelessly shot and killed President Kennedy - a criminal act - and has subsequently participated in a deliberate cover-up of that fact for over thirty-two years. These accusations alone constitute libel per se. The publications themselves are libelous and false throughout, but particularly with respect to the following specific false and libelous statements listed below (note: all page references are to the hardcover edition published by St. Martins, unless otherwise noted). These statements intentionally convey to the reader the false impression that Hickey was irresponsibly derelict in his official duties, may have violated various federal and state criminal statutes and thereafter engaged in an illegal cover-up of his negligence and, as a result, have caused harm to the plaintiff, particularly by tarnishing his reputation: a. On page 106, beginning in the first paragraph, Hickey had clearly heard the first shot. Sitting on top of the seat back, he had already spun completely around and was staring up toward the book depository. The other agents were just starting to turn. So, Hickey hears the first shot and looks back to where he thought it came from. And in a second or two, the follow-up car goes a little farther and the oak tree that had obscured his view is cleared. At that point, Hickey must have seen the barrel of Oswald's gun. He had to. He was looking right at it. And Oswald fires again. So Hickey reaches down and grabs the AR-15 off the floor, flips off the safety and stands up on the seat, preparing to return fire. But his footing is precarious. The follow-up car hits the brakes or speeds up. Hickey begins to swing the gun around to draw a bead on Oswald, but he loses his balance. He begins to fall. And the barrel happens to be pointing toward Kennedy's head. And the gun happens to go off. b. On page 108, second paragraph, Finally, he [Donahue] knew the bullet's trajectory led straight to Hickey and his gun. As far as he was concerned, this was an unshakable ballistic fact. The bullet that hit Kennedy in the head came from the left rear. From the follow-up car. From the AR-15. c. On page 112, first paragraph, Bobby [Robert Kennedy] may well have, understandably, codified the cover-up: instructing that word of the misadventure go no further and that the President's body be brought back to Washington as rapidly as possible, Texas law be damned. d. On page 112, second paragraph, Certainly Kennedy's position as attorney general put him in the ideal spot to execute such a cover-up. e. On page 115, fourth paragraph, And maybe the crack of Oswald's last shot blended with the report from Hickey's gun. f. On page 115, fifth paragraph, To Donahue, these accounts, along with the dent in the third shell, seemed to point toward two shots from Oswald. And one from Hickey. g. On page 138-39, bottom of page, The gunsmith used photos, drawings, and eyewitness accounts to highlight his belief that Hickey's bullet had been the killing one. h. On page 139, sixth paragraph, In the months since he'd discovered the existence of Hickey's AR- 15, Donahue's conviction about the origin of the fatal shot had never wavered. i. On page 140, ninth paragraph, Furthermore, even though Hickey's name wasn't mentioned in the Sun stories, the agent had to know it was just a matter of time before Donahue would tie him publicly to the accident. j. On page 141, third paragraph, In fact, from the moment Donahue had concluded Hickey fired the fatal shot .... k. On page 142, first paragraph, Addressing the Secret Service agent, she introduced herself and explained that her husband had studied the assassination for many years and had concluded that Hickey had fired the fatal shot. l. On page 142, fourth paragraph, Katie [Donahue] added she assumed Hickey must have been instructed never to reveal what had happened that day. m. On page 164-65, bottom of page, But again, to Donahue, it was easy to surmise what might have taken place if someone knew the original metal fragments from the brain were verifiably from the AR-15. It was likely, he thought, that the original brain fragments were simply switched with pieces from Oswald's ricocheted bullet, a number of which he believed had ended up on the floor of the President's limo. n. On page 214, last paragraph, Donahue did point out that in his opinion, the bullet's trajectory, explosive disintegration and the size of the entrance wound proved Hickey had fired the last shot. o. On page 219, second and third paragraphs, If Hickey really didn't fire the shot that hit Kennedy in the head, what was he doing in that interval between the time Kennedy was first struck and the time of the final head shot? And if he didn't fire the last bullet, why didn't he attempt to return fire at the window after the President was struck in the head? As far as Donahue was concerned, the fact that Hickey had never fired back, that all the agents in the follow-up car, with the exception of Clint Hill, seemed paralyzed and dazed as the cars rolled down Elm Street, all fit his scenario that Hickey was attempting to return fire when the gun accidentally discharged. p. On page 224, first paragraph, At the same time the contradictions and omissions surrounding the AR-15 and the man responsible for it were stark. q. On page 225, fourth paragraph, The body of evidence that Donahue did assemble over nearly a quarter-century suggesting that George Hickey accidentally shot John F. Kennedy is sizable. r. On the cover of the paperback edition (copy attached as Exhibit "2"), The Man Whose Shot Killed JFK Is Alive Today. Who Is He And Why Has It Been Kept Secret? The Real Cover-Up Will Shock You! s. On the back cover of the paperback edition (copy attached as Exhibit "3"), On November 22, 1963, Two Men Shot The President Of The United States. They Had Never Met Or Heard Of Each Other. They Did Not Work For The Same People. They Knew Nothing of Each Other's Existence. One Of Them Meant To Kill The President. The Other Actually Did. ... Here Is The Hard Evidence Pointing To The Bullet, The Gun And The Man Who Killed John Kennedy. 10. In Mortal Error, St. Martins and SMP took the highly unusual step to publish a lengthy "Note From The Publisher" which attempted to defend their reasoning for publishing these libelous and defamatory accusations against Hickey. 11. This "Note From The Publisher" seeks to justify, both legally and morally, St. Martins and SMP's decision to publish Donahue's libelous accusations. The apparent dilemma of St. Martins and SMP is best illustrated by their own words, as printed on page 238, fourth paragraph, Given that Mortal Error would publish the name of the name of the man who Howard Donahue honestly believes fired the bullet that killed John Kennedy, and the fact that the man is still alive, was the public airing of the argument's conclusion important enough to warrant subjecting that man to the kind of attention he would receive when Donahue's thesis became nationally known? 12. In advocating the necessity to publish this defamatory account, the entire "Note From The Publisher" contains additional false and misleading statements concerning the events of November 22, 1963, and the alleged actions taken by Hickey. 13. Upon information and belief, in or about April, 1992, Thomas McCormack ("McCormack"), the Chairman, Chief Executive Officer and Trade Division Editorial Director of St. Martins and SMP, was telephonically contacted by Gary Mack ("Mack"), an archivist for the Sixth Floor Museum in Dallas, Texas, who notified him of the existence of a film taken of the assassination by Charles Bronson. The "Bronson film", the prior existence of which was known to Donahue, contains images of the assassination, including the head shot of President Kennedy and Hickey's movements at the time. St. Martins and SMP were specifically informed by Mack that the film absolutely disproves Donahue's theory. 14. Upon information and belief, as a result of Mack's telephone call, an attorney for St. Martins and SMP traveled to Dallas to view the film. Following this visit, the said attorney, McCormack, Menninger and Donahue, all personally traveled to Dallas to view the film together in or about April, 1992. 15. Upon information and belief, immediately following a viewing of the film McCormack was witnessed as being verbally abusive and upset towards Donahue and Menninger. 16. Upon information and belief, after having viewed the images on the film, SMP, through St. Martins, nevertheless, and with malice, published the paperback version of Mortal Error in or about October, 1992. 17. St. Martins and SMP published Mortal Error with knowledge of the false and libelous nature of the statements contained therein and/or with reckless disregard for the truth. Such publication was intended to convey, and has conveyed, to the community at large, the impression that Hickey negligently shot and killed President Kennedy and then deliberately engaged in a cover-up to defraud the public as to the truth of what occurred on November 22, 1963, all of which can be considered criminal acts. These statements constitute libel per se. 18. S & S published an audio-tape version of Mortal Error with knowledge of the false and libelous nature of the statements contained therein and/or with reckless disregard for the truth. Such publication was intended to convey, and has conveyed, to the community at large, the impression that Hickey negligently shot and killed President Kennedy and then deliberately engaged in a cover-up to defraud the public as to the truth of what occurred on November 22, 1963, all of which can be considered criminal acts. These statements constitute libel per se. 19. On July 31, 1996, a copy of the hardback edition of Mortal Error published by St. Martins was purchased from Barnes & Noble in Billings, Montana. See Exhibit "4". The sale of this book constitutes publication of the libelous material and has caused Hickey harm in Montana and in Maryland. 20. Upon information and belief, copies of the audiotape version of Mortal Error published by S & S have been published in Montana thereby causing Hickey harm in Montana and in Maryland. 21. On March 26, 1996, a copy of the hardback edition of Mortal Error published by St. Martins was purchased from Little Professor Book Center in Stevens Point, Wisconsin. See Exhibit "5". The sale of this book constitutes publication of the libelous material and has caused Hickey harm in Wisconsin and Maryland. 22. Upon information and belief, copies of the hardcover, paperback and audiotape versions of Mortal Error, published by St. Martins, SMP and S & S respectively, have been published and continue to be published throughout the United States in jurisdictions where the statute of limitations has not expired, including, but not limited to, Alaska, Maryland and Wyoming, thereby causing Hickey harm in Alaska, Maryland and Wyoming and all other states where publication occurred within the limitation period. 23. Upon information and belief, copies of the hardcover, paperback and audiotape versions of Mortal Error, published by St. Martin's, SMP and S & S, respectively, have been published and continue to be published throughout the world within the relevant statute of limitation periods in those jurisdictions, including the United Kingdom, Japan and China, thereby causing Hickey harm in those countries - which constitute nearly half the world's population -and Maryland. 24. The false, misleading and defamatory/slanderous statements contained in both the written and audio version of Mortal Error were intentionally published by St. Martins, SMP and S & S, respectively, with malice, gross negligence, and/or with reckless disregard as to whether they were true or false. These tortious acts complained of herein were committed, in part, in the States of Maryland, Montana, Wyoming, Wisconsin, Alaska and others, as well as in, but not limited to, the nations of the United Kingdom, Japan and China, and Hickey sustained injury in said jurisdictions as a result of these tortious acts. 25. As a direct and proximate cause of the publication of Mortal Error by St. Martin, SMP and S & S, Hickey has been embarrassed, mortified, and humiliated before the general public, has been subject to scorn, contempt and ridicule and has suffered emotional distress. His reputation as a careful, dedicated, responsible, competent and highly respected Special Agent of the United States Secret Service has been seriously harmed. 26. As a direct and proximate cause of the publication of Mortal Error by St. Martin, SMP and S & S, third persons have relied on the false and inaccurate statements contained therein to the detriment of Hickey's reputation. COUNT II (INVASION OF PRIVACY/FALSE LIGHT) 27. Plaintiff Hickey incorporates and realleges the facts and allegations set forth in Paragraphs 10-26 above and further alleges: 28. The false, misleading and defamatory statements contained in Mortal Error, which was published by St. Martin, SMP and S & S, were intended to and did invade Hickey's privacy by portraying him as an incompetent, irresponsible and accident-prone agent of the Secret Service. In portraying Hickey in this manner, the defendants also placed him in the false light of having attempted to stop the actions of Lee Harvey Oswald. 29. St. Martins, SMP and S & S published their versions of Mortal Error with knowledge of the false and libelous nature of the statements contained therein and/or with reckless disregard for the truth. 30. The false, misleading and defamatory statements contained in both the written and audio version of Mortal Error were intentionally published by St. Martin, SMP and S & S, respectively, with malice, gross negligence, or with reckless disregard as to whether they were true or false. 31. The entire publication of Mortal Error invades Hickey's privacy and places him in a false light, but specifically includes the following passages [note: pages references are to the hardcover edition published by St. Martins, unless otherwise noted]: a. On page 106, beginning in the first paragraph, Hickey had clearly heard the first shot. Sitting on top of the seat back, he had already spun completely around and was staring up toward the book depository. The other agents were just starting to turn. So, Hickey hears the first shot and looks back to where he thought it came from. And in a second or two, the follow-up car goes a little farther and the oak tree that had obscured his view is cleared. At that point, Hickey must have seen the barrel of Oswald's gun. He had to. He was looking right at it. And Oswald fires again. So Hickey reaches down and grabs the AR-15 off the floor, flips off the safety and stands up on the seat, preparing to return fire. But his footing is precarious. The follow-up car hits the brakes or speeds up. Hickey begins to swing the gun around to draw a bead on Oswald, but he loses his balance. He begins to fall. And the barrel happens to be pointing toward Kennedy's head. And the gun happens to go off. b. On page 108, second paragraph, Finally, he [Donahue] knew the bullet's trajectory led straight to Hickey and his gun. As far as he was concerned, this was an unshakable ballistic fact. The bullet that hit Kennedy in the head came from the left rear. From the follow-up car. From the AR-15. c. On page 112, first paragraph, Bobby [Robert Kennedy] may well have, understandably, codified the cover-up: instructing that word of the misadventure go no further and that the President's body be brought back to Washington as rapidly as possible, Texas law be damned. d. On page 112, second paragraph, Certainly Kennedy's position as attorney general put him in the ideal spot to execute such a cover-up. e. On page 115, fourth paragraph, And maybe the crack of Oswald's last shot blended with the report from Hickey's gun. f. On page 115, fifth paragraph, To Donahue, these accounts, along with the dent in the third shell, seemed to point toward two shots from Oswald. And one from Hickey. g. On page 138-39, bottom of page, The gunsmith used photos, drawings, and eyewitness accounts to highlight his belief that Hickey's bullet had been the killing one. h. On page 139, sixth paragraph, In the months since he'd discovered the existence of Hickey's AR- 15, Donahue's conviction about the origin of the fatal shot had never wavered. i. On page 140, ninth paragraph, Furthermore, even though Hickey's name wasn't mentioned in the Sun stories, the agent had to know it was just a matter of time before Donahue would tie him publicly to the accident. j. On page 141, third paragraph, In fact, from the moment Donahue had concluded Hickey fired the fatal shot .... k. On page 142, first paragraph, Addressing the Secret Service agent, she introduced herself and explained that her husband had studied the assassination for many years and had concluded that Hickey had fired the fatal shot. l. On page 142, fourth paragraph, Katie [Donahue] added she assumed Hickey must have been instructed never to reveal what had happened that day. m. On page 164-65, bottom of page, But again, to Donahue, it was easy to surmise what might have taken place if someone knew the original metal fragments from the brain were verifiably from the AR-15. It was likely, he thought, that the original brain fragments were simply switched with pieces from Oswald's ricocheted bullet, a number of which he believed had ended up on the floor of the President's limo. n. On page 214, last paragraph, Donahue did point out that in his opinion, the bullet's trajectory, explosive disintegration and the size of the entrance wound proved Hickey had fired the last shot. o. On page 219, second and third paragraphs, If Hickey really didn't fire the shot that hit Kennedy in the head, what was he doing in that interval between the time Kennedy was first struck and the time of the final head shot? And if he didn't fire the last bullet, why didn't he attempt to return fire at the window after the President was struck in the head? As far as Donahue was concerned, the fact that Hickey had never fired back, that all the agents in the follow-up car, with the exception of Clint Hill, seemed paralyzed and dazed as the cars rolled down Elm Street, all fit his scenario that Hickey was attempting to return fire when the gun accidentally discharged. p. On page 224, first paragraph, At the same time the contradictions and omissions surrounding the AR-15 and the man responsible for it were stark. q. On page 225, fourth paragraph, The body of evidence that Donahue did assemble over nearly a quarter-century suggesting that George Hickey accidentally shot John F. Kennedy is sizable. r. On the cover of the paperback edition (copy attached as Exhibit "2"), The Man Whose Shot Killed JFK Is Alive Today. Who Is He And Why Has It Been Kept Secret? The Real Cover-Up Will Shock You! s. On the back cover of the paperback edition (copy attached as Exhibit "3"), On November 22, 1963, Two Men Shot The President Of The United States. They Had Never Met Or Heard Of Each Other. They Did Not Work For The Same People. They Knew Nothing of Each Other's Existence. One Of Them Meant To Kill The President. The Other Actually Did. ... Here Is The Hard Evidence Pointing To The Bullet, The Gun And The Man Who Killed John Kennedy. COUNT III (REPUBLICATION BY THIRD PARTIES) 32. Plaintiff Hickey incorporates and realleges the facts and allegations set forth in Paragraphs 10-31 above and further alleges: 33. Since the publication of Mortal Error by St. Martins, various third parties have and are still continuing to repeat, either in writing or orally, the false, misleading and defamatory statements against Hickey. Each of these republications, which were and are being published throughout the United States, including, but not limited to, Maryland, Montana, Wyoming, Wisconsin, and Alaska, and throughout the world, including, but not limited to, the United Kingdom, create a new and distinct cause of action against St. Martins. 34. St. Martins is liable for any republications by third parties which were reasonably foreseeable and/or the natural and probable consequence of the original publications. Furthermore, St. Martins intended, knew or should have known that third parties would repeat and publish the false, misleading and defamatory accusations contained in Mortal Error. 35. Third party republications that have substantially repeated the false, misleading and defamatory statements against Hickey due to the publication of Mortal Error by St. Martins include, but is not limited to, the following: a) Michael Benson, Who's Who in the JFK Assassination: An A-Z Encyclopedia (Carol Publishing Co. 1993), which included the following false, misleading and defamatory passages: i) On page 114, third paragraph, DONAHUE, HOWARD, Maryland ballistics expert; one of the eleven marksmen hired by CBS in 1967 to duplicate the three-shot feat attributed to Oswald; assassination theorist. Donahue claims to have put 25 years of research into the assassination, and this work is now the basis of Mortal Error by Bonar Menninger. The book says JFK was killed by accident by SS agent George Hickey, who was riding in the presidential follow-up car. When Oswald began to shoot at JFK from the TSBD, Hickey turned, reached for his rifle and slipped off the safety. As he tried to stand up on the backseat of the car, he lost his balance and accidently pulled the trigger of his AR-15 (now called an M-16). The theory states that Oswald fired only twice, missing the first shot and delivering all of the nonfatal wounds with the second shot. Mortal Error claims that the third and fatal shot was fired by Hickey. ii) On page 182-183, first paragraph, HICKEY, GEORGE W., JR., a.w.; SS agent. Hickey sat in the backseat of the SS presidential follow-up car, directly behind JFK's limousine. At the sound of gunfire, Hickey rose to his feet with his AR-15 machine gun, but he saw nothing to shoot back at... According to Bonar Menninger's book Mortal Error (St. Martin's Press, 1992) - based on 25 years of research by Howard Donahue, a Maryland ballistics expert - Hickey accidently killed JFK while attempting to respond to the first reports of gunfire. When Oswald began to shoot at JFK from the TSBD, Hickey turned, reached for his rifle and slipped off the safety. As he tried to stand up on the backseat of the car, he lost his balance and accidently pulled the trigger of his AR-15 (now called an M-16). The theory states that Oswald fired only twice, missing the first shot and delivering all of the nonfatal wounds with the second shot. The third and final shot was fired by Hickey. The book bases its theory on these points: (1) Hickey was seen with an AR-15 at the instant of the fatal shot; (2) One witness (S.M. Holland) saw Hickey lose his balance during the shooting sequence; (3) AR-15 rounds are encased in thin copper and tend to break up upon impact, as did the shot that struck JFK in the head; (4) A Mannlicher-Carcano round would tend not to break up in this fashion; (5) Several people in the motorcade, including Senator Ralph Yarborough, smelled gunpowder during and after the shooting sequence, indicating that at least one shot had been fired from street level; (6) Two witnesses (Austin Miller and Royce Skelton) thought the shot came from "around the President's car"; (7) According to Donahue, the bullet's trajectory leads right to Hickey; (8) The entrance wound in the back of JFK's head was 6 mm in diameter, yet a Mannlicher-Carcano bullet is 6.5 mm in diameter, making it physically impossible for the "Oswald" weapon to have caused the fatal wound. (iii) On page 290, third paragraph, MENNINGER, BONAR, author of Mortal Error (St. Martin's Press, 1992), based on 25 years of research by Maryland ballistics expert Howard Donahue. The book claims that JFK was killed accidently by SS agent George Hickey, who rode in the presidential follow-up car. When Oswald began to shoot at JFK from the TSBD, Hickey turned, reached for his rifle and slipped off the safety. As he tried to stand up on the backseat of the car, he lost his balance and accidently pulled the trigger of his AR-15 (now called an M-16). The theory states that Oswald fired only twice, missing the first shot and delivering all of the nonfatal wounds with the second shot. The third and final shot, it says, was fired by Hickey. (See also Hickey, George; Donahue, Howard). b) Bob Callahan, Who Shot JFK?: A Guide to the Major Conspiracy Theories (Simon & Schuster 1993), which included the following false, misleading and defamatory passages: i) On page 40, left side of page, The Friendly Fire Theory In his 1992 book, Mortal Error, Bonar Menninger argues that JFK was actually killed by Secret Service agent George Hickey, who accidently discharged his AR-15 in Kennedy's direction after Lee Harvey Oswald had fired the first two shots at Kennedy from the Texas School Book Depository window. Menninger based his book on the research of ballistics expert Howard Donahue who firmly believes that the way Kennedy's head was positioned, the fatal bullet must have moved on a trajectory roughly equal to the grade of the street. When he accidently discharged his weapon, Hickey was riding in a Secret Service limousine (code-name "Halfback") directly behind the limousine carrying the Connallys and the Kennedys. Neither the Secret Service or now-retired Agent Hickey have chosen to comment on this theory. c) Jim Duffy, The Assassination of John F. Kennedy: A Complete Book of Facts (Thunder's Mouth Press 1992), which included the following false, misleading and defamatory passages: i) On page 160, second paragraph, DONAHUE, HOWARD A ballistics expert, Donahue conducted a study of the shots that killed President Kennedy. His work is chronicled in the book Mortal Error, The Shot That Killed JFK written by Bonar Menninger and published by St. Martin's Press in 1992, Donahue and Menninger hypothesize that the fatal head wound inflicted on the president was caused by the accidental discharge of a rifle carried by Secret Service Agent George Hickey, who was riding in the car directly behind the president's limousine. Agent Samuel Kinney, who rode in the same car, has denied that Hickey fired a shot. ii) On page 222, third paragraph, HICKEY, GEORGE Secret Service agent Hickey was riding in the car directly behind the president's limousine when the shots were fired. In some photos taken at the same time, Hickey can be seen standing on the car's running board or sitting atop the rear deck. Bonar Menninger. the author of a book titled Mortal Error, The Shot That Killed JFK (St. Martin's Press, 1992) which is based on the work of ballistics expert Howard Donahue, charges that Hickey accidently fired the fatal shot that struck Kennedy's head. Although Hickey never answered the book's publisher's requests to respond to Mortal Error's allegations, Secret Service agent Samuel Kinney denied that Hickey had fired a shot. iii) On page 264, second paragraph, KINNEY, SAMUEL Secret Service agent Kinney was driving the "Queen Mary," the Secret Service follow-up car that was directly behind the presidential limousine. ... In late 1991, Kinney wrote to St. Martin's Press, publisher of Bonar Menninger's 1992 book Mortal Error: The Shot That Killed JFK, in defense of Secret Service agent George Hickey, who the book claims accidently fired the shot that hit Kennedy's head, the fatal shot. Hickey himself did not answer the publisher's request for a response to the book's allegations. d) High Society Magazine, issue unknown, late 1992 or 1993, which included the following false, misleading and defamatory passage: Oops, Sorry - The "Friendly Fire" Theory: If you tend to be a klutz, this theory should make you feel a whole lot better. According to Howard Donahue, a retired ballistics expert from Towson, Maryland, JFK did not die from an assassin's bullet, but as the result of an accident when a Secret Service agent's gun went off by mistake and shattered the president's skull, killing the respected Kennedy outright. Oops! This "friendly fire" theory is laid out by Bonar Menninger in Mortal Error (St. Martins, 1992), who claims that JFK was killed by Secret Service agent George Hickey, who, riding in the limo directly behind the president, tripped forward, accidently discharging his AR-15 into the back of Kennedy's head. Donahue, a nationally recognized firearms examiner, says that based on the trajectories involved, the position of Kennedy's head, and the type of wound inflicted, there is no other physical possibility other than the shot being fired in error by Hickey. "It was just one God-awful mistake, just some very bad luck on Hickey's part," says Donahue. Donahue asserts that shots fired by Oswald wounded Kennedy, with the gunfire causing a standing Hickey to pitch over, firing his weapon in a "convulsive reflex" - accidently releasing the bullet that actually killed the president. e) John Clayton, Libel Case Giving NH Role, Union Leader, May 10, 1996. See Exhibit "6". f) Gregory C. Baumann, Forget Magic Bullets, Get This Ex-Secret Service Agent Sues After Book Blames Him for JFK's Death, The Daily Record, August 21, 1996. See Exhibit "7". g) Scott Higham, Libel Suit Filed Over JFK Shooting Theory; Former Agent Assails Book's Claim that He Fired the Fatal Shot, The Baltimore Sun, August 22, 1996. See Exhibit "8". This story was also reprinted in whole or in part in the following publications: i) The Associated Press, Former Secret Service Agent Sues Over Claim He Killed JFK, August 22, 1996; ii) AP Worldstream, Former Secret Service Agent Sues Over Claim He Killed JFK, August 22, 1996; iii) AP Online, Former Secret Service Agent Sues, August 22, 1996; iv) Chicago Tribune, Ex-U.S. Agent Sues Over Book's Claim That He Killed JFK, August 23, 1996, at 19; v) Chicago Sun-Times, Ex-agent Sues Over Link to JFK Death; Book Says Guard Slipped, Fired Fatal Shot, August 23, 1996, at 38; vi) Boston Herald, August 23, 1996, at 17; vii) Tampa Tribune, Book's Theory of JFK Killing Causes Ex-agent to File Suit, August 23, 1996, at 3; viii) Des Moines Register, Who Shot JFK?, August 23, 1996, at 2; ix) Dallas Morning News, Ex-agent Files Suit Over JFK Book; Publisher's Attorney Says Case Lacks Merit, August 23, 1996, at 48A; x) Commercial Appeal (Memphis), Ex-agent Sues, Denies Killing JFK, August 23, 1996, at 11A; xi) Sun-Sentinel (Fort Lauderdale), August 23, 1996, at 3A; xii) Plain Dealer, Another Theory on JFK Killing Spurs a Libel Suit, August 25, 1996, at 25A; xiii) The Guardian, In Brief: Bodyguard Sues Over Claim He Shot JFK, August 25, 1996, at 14; xiv) Buffalo News, Book Implicating Former Agent in JFK's Death Prompts, August 25, 1996, at 11A; xv) Charleston Daily Mail, Yet Another JFK Theory; Book Says An Agent Slipped and Shot President Kennedy, August 26, 1996, at 5A. h) Other unknown publications have also or continue to publish the false, defamatory, and misleading statements originally in Mortal Error. WHEREFORE, Plaintiff respectfully requests the following relief from defendants St. Martin's Press A/K/A St. Martin's Paperbacks, and S & S, individually: 1. General, special, compensatory and punitive damages in an amount to be proven at trial, but not less than $50,000; 2. A public retraction and apology; 3. An injunction prohibiting future publication of any allegations regarding Hickey; 4. A complete recall of all printed and audio-tape versions of Mortal Error; 5. Plaintiff's costs of suit and reasonable attorney fees; and 6. Any further and additional relief which the Court deems just and proper. PLAINTIFF DEMANDS A TRIAL BY JURY DATED: September 4, 1996 Respectfully submitted, ______________________ ______________________ James H. Lesar, Esq. Mark S. Zaid, Esq. 918 F. Street, N.W. 1501 M Street, N.W. Suite 509 Suite 1175 Washington, D.C. 20004 Washington, D.C. 20005 (202) 393-1921 (202) 785-3801 ATTORNEYS FOR PLAINTIFF ---------------------------------- end ----------------------------------