[[ posted on alt.jfk/m on Nov. 4, '96 by: brundage@aimnet.com (Martin Brundage)]] ========================================================================== ----------------------- On the Tippit Slaying --------------------------- >From Jim Marrs Crossfire: The Shooting of J. D. Tippit Of all the aspects of the Kennedy assassination, the shooting of Dallas Policeman Jefferson Davis Tippit has received less attention than most others. Allegedly, Tippit was shot down while attempting to arrest Lee Harvey Oswald 45 minutes after the assassination in Oak Cliff, south of downtown Dallas. And it was the slaying of this policeman which led to the arrest of Lee Harvey Oswald and, in many ways, became a cornerstone of the case for Oswald's guilt - Warren Commission Attorney David Belin called the shooting the "Rosetta Stone" to the JFK assassination. "After all," stated the conventional wisdom of 1963-64, "Oswald killed that policeman. Why would he do that if he hadn't killed the President?" Yet today there is a growing body of evidence to suggest that Oswald did not kill Tippit -which, if true, destroys the argument above. Little is known about Tippit or his life and personal contacts. This absence of information prompted researcher Sylvia Meagher to write: "Tippit, the policeman and the man, is a one-dimensional and insubstantial figure - unknown and unknowable. The (Warren) Commission was not interested in Tippit's life, and apparently interested in his death only to the extent that it could be ascribed to Oswald, despite massive defects in the evidence against him." With no real knowledge of Tippit's background or associations and with a number of problems with several aspects of the evidence, the Warren Commission nevertheless concluded that Oswald was his killer based on four primary pieces of evidence. 1. Two witnesses who saw the shooting and seven who saw a man fleeing "positively identified Lee Harvey Oswald as the man they saw fire the shots or flee from the scene." The chief witness for the Warren Commission was Helen Markham, whose credibility, even at the time of the Commission, was strained to the breaking point. Markham claimed to have talked for some time with the dying Tippit, yet medical authorities said he was killed instantly. She said she saw Tippit's killer talk with the policeman through his patrol car's right hand window, although pictures taken at the scene show that window was shut. She was in hysterics at the time and even left her shoes on top of Tippit's car. Later, in her testimony before the Warren Commission, Markham stated six times she did not recognize anyone in the police lineup that evening, before Commission Attorney Joseph Ball prompted, "Was there a Number two man in there?" Markham responded: "Number two is the one I picked...When I saw this man I wasn't sure, but I had cold chills just run all over me..." Furthermore, other witnesses at the scene - William Scoggins, Ted Calloway and Emory Austin - even today claim they never saw Mrs. Markham in the minutes immediately following the shooting. Cabdriver Scoggins also identified Oswald that day, although Scoggins admitted he did not actually witness the shooting and his view of the fleeing killer was obscured because he ducked down behind his cab as the man came by. Scoggins and cabdriver William Whaley, who allegedly drove Oswald home that day, both viewed a Dallas police lineup composed of five "young teenagers" and Oswald. Whaley told the Warren Commission: "...you could have picked (Oswald) out without identifying him by just listening to him because he was bawling out the policemen, telling them it wasn't right to put him in line with these teenagers....He showed no respect for the policemen, he told them what he thought about them...they were trying to railroad him and he wanted his lawyer...Anybody who wasn't sure could have picked out the right one just for that..." If his protestations weren't enough to guide the witnesses in their identification of Oswald, the suspect had conspicuous bruises and a black eye. Furthermore, Oswald stated he was asked and gave his correct name and place of employment. By Friday evening, everyone in Dallas who attended the police lineups had heard that shots were fired from the Texas School Book Depository. On Saturday, Scoggins again identified Oswald, although in his Warren Commission testimony he admitted seeing Oswald's photograph in a morning paper prior to viewing the police lineup. His identification of Oswald fell further into disrepute when he told the Commission that after the lineup, an FBI or Secret Service agent showed him several pictures of men, which Scoggins narrowed down to two. Scoggins recalled: "...I told them one of these two pictures is him (Oswald)...and then he told me the other one was Oswald." These were the two star government witnesses. Other witnesses, including Domingo Benavides - the person closest to the killing - were never asked to view a lineup nor were they able to identify Oswald as the killer. Several other witnesses, including Acquilla Clemons, who claimed two men were involved in the Tippit shooting but said she was threatened into silence by a man with a gun, were never questioned by federal investigators. The Warren Commission even denied her existence, claiming: "The only woman among the witnesses to the slaying of Tippit known to the Commission is Helen Markham." Markham reportedly initially said that Tippit's killer was short and stocky with bushy hair. This is the same description given by Clemons who in a filmed interview said the killer was "kind of a short guy...kind of heavy." Markham later denied giving this description. Frank Wright lived near the scene of the Tippit shooting. He heard shots and ran outside. In an interview with private researchers less than a year later, Wright said he saw Tippit roll over once and lie still. He added: "I saw a man standing in front of the car. He was looking toward the man on the ground....He had on a long coat. It ended just above his hands. I didn't see any gun. He ran around on the passenger side of the police car. He ran as fast as he could go, and he got into his car. His car was a little gray old coupe. It was about a 1950-51, maybe a Plymouth. It was a gray car, parked on the same side of the street as the police car, but beyond it from me. It was heading away from me. He got in that car and he drove away as fast as you could see...After that a whole lot of police came up. I tried to tell two or three people what I saw. They didn't pay any attention. I've seen what came out on television and in the newspaper, but I know that's not what happened." Another witness was Warren Reynolds who chased Tippit's killer. He too failed to identify Oswald as Tippit's killer until after he was shot in the head two months later. After recovering, Reynolds identified Oswald to the Warren Commission. (A suspect was arrested in the Reynolds shooting, but released when a former Jack Ruby stripper named Betty Mooney MacDonald provided an alibi. One week after her word released the suspect, MacDonald was arrested by Dallas Police and a few hours later, was found hanged in her jail cell. Neither the FBI nor the Warren Commission investigated this strange incident.) 2. The cartridge cases found near the Tippit slaying "were fired from the revolver in the possession of Oswald at the time of his arrest, to the exclusion of all other weapons," claimed the Warren Commission. There are many problems with this evidence. First, Dallas Police Sergeant Gerald Hill, at the time of the Tippit shooting, radioed the police dispatcher, saying: "The shells at the scene indicate that the suspect is armed with an automatic .38 rather than a pistol." Oswald reportedly was captured with a .38 Special revolver. There is a significant difference between an automatic, which ejects spent shells onto the ground, and a revolver which requires deliberate emptying of the weapon. These weapons also require different types of ammunition. It was the belief of other officers at the scene based on the distance from Tippit's body where the shells were found and what some perceived to be ejector scratches on the shells that an automatic weapon was used. If this were so, than Oswald's revolver cannot be blamed for Tippit's death. Then there's the problem of identification of the empty shells. Policeman J.M. Poe received two cartridge cases from witness Benavides at the scene. In an FBI report, Poe firmly stated that he marked the case with his initials, "J.M.P." before turning them over to Dallas Crime Lab personnel. However, on June 12, 1964, the FBI showed Poe the four .38 Special cases used as evidence of Oswald's guilt by the Warren Commission. The Bureau reported: "...He (Poe) recalled marking these cases before giving them to (lab personnel), but he stated after a thorough examination of the four cartridges shown to him...he cannot locate his marks; therefore, he cannot positively identify any of these cartridges as being the same ones he received from Benavides." Testifying to the Warren Commission, Poe vacillated, saying he couldn't swear to marking the cases. However, asked to identify the cartridges, Poe also stated: "I want to say these two are mine, but I couldn't swear to it." Poe's failure to find his initials on the cases, coupled with the fact that the cases were not turned over to the FBI until six days after other inventoried evidence, leaves many researchers with the suspicion that shell cases from Oswald's revolver were substituted for the ones marked by Poe. To further confuse the issue, the Warren Commission discovered that the shell cases allegedly recovered at the scene of the shooting do not match up with the slugs which were recovered from Tippit's body. The four cases are made up of two of Winchester-Western manufacture and two of Remington-Peters, while of the bullets removed from Tippit, only one is Remington-Peters and three are from Winchester-Western. Weakly, the Warren Commission attempted to explain this anomaly by surmising that perhaps a fifth shot had been fired but not recovered (most of the witnesses recalled no more than four shots) or that perhaps Oswald already had an expended Remington-Peters case in his pistol prior to shooting Tippit. The Commission even suggested that perhaps "...to save money...he might have loaded one make of bullet into another make of cartridge case." This, of course, would require Oswald to own or have access to reloading equipment. It should be pointed out that when arrested, Oswald reportedly was carrying five live Winchester-Western bullets in his pocket in addition to the fully-loaded revolver, which apparently was never tested to determine if it had been fired recently. With this exception, authorities found no other ammunition or gun cleaning materials in any of Oswald's possessions. 3. The Warren Commission determined that the revolver in Oswald's possession at the time of his arrest was purchased by and belonged to him. While this segment of the evidence against Oswald may be true (Some researchers are not convinced that the weapons order signed by A.J. Hidell can conclusively be traced to Oswald), it does not prove that the gun was used to kill Tippit. For instance, even the resources of the FBI failed to prove that the slugs recovered from Tippit's body had been fired from Oswald's pistol. FBI officials claimed that since the Oswald revolver had been rechambered to accept .38 Special ammunition, the barrel was oversize for the bullet causing inconsistent ballistic markings. Thus, "...consecutive bullets fired in the revolver by the FBI could not even be identified with each other under the microscope," stated the Commission in an appendix to its Report. This statement is most odd, for several firearms experts have told this author that similar .38 Specials do fit the rifling grooves and can be checked ballistically. If the slugs from Tippit's body cannot be matched to Oswald's revolver, perhaps it is because they did not come from that gun. Adding fuel to this speculation is the statement of Eddie Kinsley, the ambulance attendant who drove the mortally-wounded Tippit to a hospital. In recent years, Kinsley told newsman Earl Golz of an extraneous bullet. According to Kinsley, as he unloaded Tippit from his ambulance: "I kicked one of the bullets out of my ambulance that went into his button...onto the parking lot of Methodist Hospital. It didn't go in the body...It fell off the ambulance still in this button." Since Tippit reportedly was struck by all four bullets fired at him and these slugs were placed in evidence with the Warren Commission, what is the explanation for Kinsley's fifth slug? Kinsley told Golz he had never been questioned by the Warren Commission. Recent work by Texas researchers indicate that the cases now residing in the National Archives, exhibited by the Warren Commission as the shells used in the Tippit slaying may not have been fired by Oswald's pistol. Oswald's pistol was originally a Military and Police Smith & Wesson 1905 Model .38-caliber revolver, the largest-selling quality revolver ever produced. Originally shipped to England during World War II, more than 88,000 were shipped back to the United States in the late 1950s and early 1960s. The pistol in question, serial number V510210, ended up in California, where it apparently was converted to a .38 Special Model. This involved cutting off the barrel from its original five inches to two-and-a-quarter inches. The Warren Commission said the pistol also was rechambered to accept .38 Special ammunition, although Commission testimony fails to establish this change. The .38 Special bullet is slightly smaller in diameter but has more length than .38 Standard ammunition. Texas researcher and veteran hunter Larry Howard discovered after buying an exact duplicate of Oswald .38 revolver that .38 Special cartridges, when fired in a rechambered weapon, bulge noticeably in the center. Howard told this author: "I have checked this with several expert gunsmiths. Since the rechambering cannot change the diameter of the cylinder, but only makes it longer to accept .38 Special ammo, the bullet bulges in the middle when fired. I've done it time after time. My wife can notice the bulge. The case looks like it's pregnant. Studying the shells depicted in the Warren Commission volumes and also in a close-up clear photograph in the November 1983, commemorative issue of "Life" magazine, it appears to everyone that the shell cases in the National Archives (supposedly the casings found at the scene of Tippit's death) do not show any bulging at all. This indicates to me and other experts that those cases could not have been fired from the .38 Special that was supposed to belong to Oswald." Until further testing can be done on the cartridge cases in question, this is hardly solid proof of Oswald's innocence in the Tippit shooting. But it is further proof of the wide gaps still open in the case against Oswald. 4. According to the Warren Commission, Oswald's jacket was found along the path of flight taken by Tippit's killer. The Warren Commission wrote: "...Oswald was seen leaving his roominghouse at about 1 p.m. wearing a zipper jacket...the man who killed Tippit was wearing a light-colored jacket, that he was seen running along Jefferson Boulevard, that a jacket was found under a car in a lot adjoining Jefferson Boulevard...when he was arrested at approximately 1:50 p.m., he was in shirt sleeves. These facts warrant the finding that Lee Harvey Oswald disposed of his jacket as he fled from the scene of the Tippit killing." But did the facts warrant such a conclusion? Not really, since almost every aspect of the jacket story has since come under question. Oswald, it is known, had only two jackets - one blue and one a lightweight gray zipper jacket. At least two witnesses at the scene of Tippit's slaying reported his killer wore a white jacket. One of these, Helen Markham, was shown Oswald's gray jacket by a Warren Commission attorney who asked, "Did you ever see this before?" Despite having been shown the jacket by the FBI prior to her testimony, Markham replied: "No, I did not....that jacket is a darker jacket than that, I know it was." Witness Domingo Benavides was shown a jacket by Commission Attorney David Belin, who said, "I am handing you a jacket which had been marked as `Commission's Exhibit 163,' and ask you to state whether this bears any similarity to the jacket you saw this man with the gun wearing?" The accommodating Benavides responded: "I would say this looks just like it..." The problem here is that Commission's Exhibit 163 is Oswald's dark blue jacket. The gray jacket is Commission's Exhibit 162. Here is yet another example of a witness obligingly providing the answers they felt were wanted. Another example is cabdriver William Whaley, who reportedly drove Oswald home from downtown Dallas. Whaley identified the gray jacket as the one Oswald was wearing in his cab. Yet the Warren Commission, based on testimony from Oswald's landlady, stated that Oswald put on the jacket AFTER arriving at his lodgings. Testifying to the Warren Commission, Roberts said: "He (Oswald) went to his room and he was in his shirt sleeves...and he got a jacket and put it on - it was kind of a zipper jacket. (She then was shown Commission's Exhibit 162, Oswald's gray jacket, and asked if she had seen it before)...Well, maybe I have, but I don't remember it. It seems like the one he put on was darker than that..." Barbara Davis, another witness at the Tippit slaying, also could not identify Oswald's gray jacket to the Warren Commission. In fact, she stated the killer wore "a dark coat...it looked like it was maybe a wool fabric...more of a sporting jacket." Cabdriver William Scoggins also failed to identify Oswald's jacket, saying, "I thought it was a little darker." Despite these problems of identification, the Commission went right on asserting that the jacket belonged to Oswald. More Commission deception occurred in its reporting of the discovery of the jacket. The Warren Report stated: "Police Capt. W.R. Westbrook...walked through the parking lot behind the service station and found a light-colored jacket lying under the rear of one of the cars." However, in his testimony, Westbrook was asked if he found some clothing. He replied: "Actually, I didn't find it - it was pointed out to me by... some officer..." According to the Dallas Police Radio log, a "white jacket" was found by "279 (Unknown)" a full 15 minutes before Westbrook arrived on the scene. The Commission made no effort to determine who really found the jacket, if a jacket was actually found or if it was a white jacket which only later was transformed into Oswald's gray jacket. Recently, the owner of the Texaco station where the jacket reportedly was found told Texas researchers that no one - neither the FBI, Dallas police nor the Warren Commission - ever questioned him or his employees about this important piece of evidence. In addition, the jacket identified by federal authorities as belonging to Oswald carried inside a laundry mark "30 030" and a dry-cleaning tag "B ." A full-scale search by the FBI in both Dallas and New Orleans failed to identify any laundry or dry cleaners using those marks. Oswald's wife, Marina, testified she could not recall her husband ever sending his jackets to a cleaning establishment, but that she did recall washing t hem herself. Further investigation by the FBI turned up no laundry or dry-cleaning tags on any of Oswald's other clothing. Oswald wore size "small" shirts, the jacket is a "medium" size, which adds to the suspicion that it was not his jacket. With all this, in addition to a broken chain of evidence, the jacket cannot be considered evidence of Oswald's guilt in the killing of Officer Tippit. Then there is a matter of time and a strange incident at Oswald's lodging. Earlene Roberts, Oswald's landlady, told the Warren Commission she was watching television coverage of the assassination about 1 p.m. when Oswald - who had been registered at the rooming house as O.H. Lee - hurried in and went to his room. She said next a Dallas police car pulled up in front of her house and honked. She explained: "I had worked for some policemen and sometimes they come by...I just glanced out saw the number (on the car)...It wasn't the police car I knew...and I ignored it...." She said the police car was directly in front of her home when the driver sounded the horn, like "tit-tit." She said the car then "...just eased on...and they just went around the corner that way." According to Roberts, there were two uniformed policemen in the car, most unusual since daytime patrols in that area of the city were limited to one officer - such as Tippit. She could not recall the number of the car precisely, but said she recalled that the first two numbers of a possible three-digit combination were a "1" and a "0." Tippit was driving car No. 10 that day and Tippit failed to respond to a dispatcher call at the approximate time of the police car incident. Immediately following the police car episode, Roberts said Oswald came out of his room and left hurriedly, zipping up a jacket. She said he left her house three or four minutes after 1 p.m. Roberts said she looked out of the window and last saw Oswald standing at a nearby bus stop. According to the Warren Commission, a man keyed a microphone at 1:16 p.m., saying, "Hello police operator...We've had a shooting here...it's a police officer, somebody shot him." This, of course, referred to Tippit, who lay dead about a mile from Oswald's residence. The Commission tried to establish that the Tippit shooting occurred moments after 1:15 p.m., hardly enough time to allow Oswald to run from his rooming house to the scene of the Tippit slaying at 10th and Patton. The Commission could not locate even one witness who saw Oswald walking or running between his rooming house and the scene of the Tippit slaying. This time frame becomes stretched to the breaking point when one considers the Tippit witnesses' testimony. Even Helen Markham, who was so confused about other matters, was certain of the time because she was on her way to catch her usual 1:12 p.m. bus for work. Asked by a Warren Commission attorney about the time she saw the Tippit shooting, Markham responded: "I wouldn't be afraid to bet it wasn't six or seven minutes after one." In this instance, Mrs. Markham's recollection must be correct since another Tippit shooting witness, Jack Tatum, told researchers that Mrs. Markham did not want to remain at the scene because she feared missing her bus for work. T.F. Bowley, the man who made the call to the police dispatcher, was never called to testify to the Warren Commission. The reason may be that Bowley heard shots, saw Tippit's body lying next to his squad car and looked at his watch. It was 1:10 p.m. Other witnesses hid at the sound of the shots, afraid the gunman would turn on them. Only after the killer fled, did they venture out. One of the first persons to reach Tippit was Benavides who told the Warren Commission he was in a truck across the street from the shooting. After hearing only three shots, Benavides said: "...I sat there for just a few minutes...I thought maybe he (the killer) had lived in there (the house where he last saw the gunman) and I didn't want to get out and rush right up. He might start shooting again....That is when I got out of the truck and walked over to the policeman...The policeman, I believe, was dead when he hit the ground..." After checking on Tippit, Benavides said he tried to call on the patrol car's radio but got no answer. Another bystander, Bowley, then got in the car and was successful in raising the police dispatcher and reported the shooting. Obviously, several minutes went by between the time of the shooting and 1:16 p.m. when the police radio log recorded the citizen's alert. This places the actual shooting closer to Bowley's time of 1:10 p.m. - a time frame which rules out the possibility that Oswald could have traveled on foot from his rooming house to the scene of the shooting. The conversations of police regarding time sequences, orders, discovery of evidence, etc. were recorded on Dallas Police Radio recording equipment. These recordings should have provided accurate times and movement orders - in fact, they were relied on greatly by the Warren Commission and subsequent investigations. Today there is evidence that the Dallas Police Radio recordings may have been edited. Soon after the assassination, the tapes may have been taken by federal authorities, who certainly have access to the most sophisticated audio equipment. Any police broadcasts not consistent with the lone assassin theory could have been simply edited out and an edited copy returned to Dallas Police for conveyance to the Warren Commission. Is there any evidence that this occurred? Yes. Dr. James Barger, chief acoustic scientist for the House Select Committee on Assassinations, studied the "original" police tapes and discovered a break in the 60-cycle hum background tone. He found two separate tones on the tape, which could only result from copying. Although ignored publicly, the Ramsey Panel, studying the recordings for the National Academy of Science, did suggest in an appendix of its report that "The original Dictabelt could be studied more extensively for possible evidence...of being a copy..." Researcher Gary Mack reported that in recent years, former Dallas Police Sgt. J.C. Bowles, the radio room supervisor who prepared transcripts for the Warren Commission, stated that a few days after the assassination, federal agents "borrowed" the original police Dictabelt and at the time he was under the impression that they took them to a recording studio in Oklahoma. Like so much of the Warren Commission's evidence, now the Dallas Police radio recordings are open to question. Another strong argument for Oswald's innocence in the Tippit slaying comes from W.H. "Butch" Burroughs, who on November 22 was manning the concession stand in the Texas Theater. Burroughs told this author that he distinctly recalls selling popcorn to Oswald about 1:15 p.m. -the exact time of the Tippit shooting. He said he watched the man take his popcorn and sit next to a pregnant woman in the lower floor of the theater. Burroughs said about 20 minutes later police rushed into the theater and dragged the man out. He later recognized media photos of Lee Harvey Oswald as the same man who purchased popcorn. The House Select Committee on Assassinations supported the Warren Commission's conclusion that Oswald killed Tippit, however, it obliquely indicated that all is not known about the killing. Committee investigators studied information developed by researcher Larry Harris that Tippit may have been killed as the result of personal problems. They also talked with yet another witness who had not been interviewed by the Warren Commission. Jack Ray Tatum told Committee investigators that Tippit's killer, after shooting the officer from the sidewalk, walked around the patrol car and shot Tippit once in the head at point blank range. Correctly, the Committee wrote: "This action, which is often encountered in gangland murders and is commonly described as a coup de grace, is more indicative of an execution than an act of defense intended to allow escape or prevent apprehension." There is a problem with Tatum's story however. Most of the witnesses stated that four shots were fired in succession - with no interval between the shots. Several serious students of the Tippit incident now believe that his death may have had no connection with the Kennedy assassination. And of the researchers who still believe such a connection exists, few cling to the belief that Oswald was killer. Regardless of who actually killed Officer Tippit, that event was the catalyst which set off a flurry of police activity in Oak Cliff resulting in the arrest of Lee Harvey Oswald. Prior to his arrest, there were at least two incidents of police obviously seeking a suspect. Sometime after 1 p.m., a number of policemen stormed the Oak Cliff branch of the Dallas Public Library. Unable to locate who they were looking for, they quickly left. Oswald was a frequent visitor to that library. Then shortly before being called to the Texas Theater, the scene of Oswald's arrest, police surrounded a church near the scene of the Tippit slaying in the belief that Tippit's killer had hidden there. However, before they could conduct a search of the building, they were called to the theater. ----------------------------- end -------------------------------------