Sunday, 25 May 2014 17:38

Gerald Hill and the Framing of Lee Harvey Oswald

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Hasan Yusuf reviews DPD Sergeant Gerald Hill's activities on November 22, 1963 and their implications for complicity in Lee Harvey Oswald's being charged with the Tippit murder.


[Please note: All references to Dale Myers' book With Malice in the essay below is to the 2013 (Kindle) edition, which this writer reviewed on the CTKA.net website. Due to the overall length of the essay, segments of the essay have been removed from the text below, and will be made available on this writer's blog in due time].


I first wrote about my suspicions concerning DPD Sergeant Gerald Lynn Hill on my blog in November, 2012. My inspiration for writing about Hill's activities on the day of President Kennedy's assassination came about after reading through the research of Lee Farley and Duke Lane posted on John Simkin's Spartacus education forum.

On the day of President Kennedy's assassination, Gerald Hill was the only DPD officer who was on the sixth floor of the Texas School book depository building following the assassination, was allegedly at the murder scene of DPD officer J.D. Tippit (as I explain in the essay, it is doubtful that he ever was at the murder scene), was at the Texas theater when Oswald was arrested for Tippit's murder, and was inside the unmarked DPD car which escorted Oswald to DPD headquarters following his arrest. Finally, and most significantly of all, Hill had possession of the revolver (WCE 143) which Oswald allegedly used to kill Tippit with, inside the car as Oswald was escorted to DPD headquarters (as explained in this essay under the subheading "The framing of Oswald inside the Theater," Hill had by all likelihood framed Oswald for Tippit's murder).

It is also this writer's belief that Hill was one of the two officers inside DPD squad the car seen by Earlene Roberts, the housekeeper of the rooming house located at 1026 North Beckley, where Oswald was allegedly living at the time of the assassination (researcher Lee Farley has made the case that it was actually Larry Crafard who was living at the rooming house at the time of the assassination. See the thread entitled "A House of Cards?" on Greg Parker's research forum). What follows is a much more detailed and thorough discussion of Gerald Hill's activities on the day of the assassination than what was previously written on this writer's blog. It is this writer's firm belief that Hill framed Oswald for Tippit's murder, after he (or one of his fellow conspirators from the DPD) obtained the revolver used to kill Tippit from Tippit's real murderer. Let's begin by discussing Hill's presence on the sixth floor of the TSBD; where Dallas deputy Sheriff Luke Mooney discovered spent shell casings from a rifle. Although the commonly accepted belief is that Gerald Hill was present on the sixth floor when Mooney discovered the spent shell casings, as this writer hopes to demonstrate below, Hill was actually on the sixth floor before Mooney ever got there.

Hill and the Texas School Book Depository

Shortly following Oswald's arrest at the Texas Theater, Hill was interviewed by Bob Whitten of KCRA radio in Sacramento, California. According to Dale Myers, this was at about 2:30 pm (With Malice, Chapter 8). Hill told Whitten that "The first call that I got was that the President had been shot and that the shot had come from the Texas School Book Depository. They sent me down there" (WCD 1210, page 3). When Hill testified before the Warren Commission on April 8, 1964, he explained that he heard whom he felt certain was DPD inspector J. Herbert Sawyer state that the building from which the shots were fired from had been located, and for help to be sent (WC Volume VII, pages 44 and 45). The transcripts of channel two of the DPD radio reveal that Sawyer requested help between 12:41 pm and 12:43 pm (WCE 705/1974). Hill went on to tell the Warren Commission that after he heard Sawyer's broadcast, he "...went back to the personnel office and told [Captain W.R. Westbrook] that inspector Sawyer requested assistance at Elm and Houston Streets. The Captain said, 'Go ahead and go.' And he turned to another man in the office named Joe Fields and told him to get on down there" (ibid, page 45).

Captain Westbrook testified before the Warren Commission on April 6, 1964. During his testimony, Westbrook claimed that "I can't recall whether or not it was the dispatcher's office, but I think it was - somebody in the dispatchers Office had told us they needed more men at the Texas School Book Depository Building, so I sent the men that were in my Office, which were then Sergeants [Henry] Stringer and Carver, and Possibly Joe Fields and McGee, if they were in there - it seems like McGee was, and I think - I sent them to the building..." (ibid, page 110). Not only did Westbrook neglect to mention sending Hill to the TSBD, he failed to confirm Hill's claim that he (Hill) had told him that more help was needed at the TSBD. Westbrook also neglected to confirm Hill's claim when he was interviewed by author Larry Sneed (Sneed, No More Silence, page 313). Although this doesn't necessarily mean that Hill was lying, given the evidence discussed further on in this essay, he most likely was.

According to the transcripts of the DPD radio communications, at approximately 12:48 pm, Hill informed the dispatchers on channel one of the Police radio that he and DPD officer Jim M. Valentine were en route to Elm and Houston, code 3; meaning officer Valentine had the lights and siren of his squad car on as they proceeded there (WCE 705/1974). On the day of the assassination, Valentine was assigned squad car 207 (WCE 2645). Jim Ewell, who was a reporter for the Dallas Morning News, was with Hill and Valentine as they proceeded to the assassination scene (WC Volume VII, page 45). In his book on Tippit's murder, Dale Myers writes that Valentine's squad car arrived in front of the TSBD at approximately 12:55 pm (With Malice, Chapter 3). In his endnotes, Myers sources this claim to KRLD-TV tape 8, KDFW-TV Collection of the Sixth floor museum at Dealey Plaza.

Although Hill told the Warren Commission that Valentine's car "ran into a traffic jam on Elm [Street]," there is no corroboration for this claim by either Officer Valentine or Jim Ewell. In fact, Ewell was quoted in Kent Biffle's article Eye Witnesses to Tragedy as saying that Valentine "...drove us at break-neck speed to the book depository", and made no mention of running into a traffic jam on Elm (click here to read Biffle's article). The reader should also consider that when Ewell was interviewed by Larry Sneed, he told Sneed that Valentine "...drove us back from east to west on the most circuitous route I can recall, and we were back there at the [TSBD] probably in less than two minutes," and again neglected to mention anything about running into a traffic jam on Elm (Sneed, No More Silence, page 6). Although Ewell's claim that Valentine drove his squad in a circuitous route tends to confirm Hill's claim that they did run into a traffic jam; the important point to keep in mind is that Ewell's recollection places Valentine's car outside the TSBD sooner than 12:55 pm.

If Hill informed the DPD dispatchers that he and Valentine were en route to Elm and Houston just as soon as Valentine's car started to travel out of the DPD basement, then by Ewell's recollection, it probably arrived outside the TSBD at approximately 12:51 pm. As this writer discusses further on in this essay, there is yet another reason why Myers' claim that Valentine's car arrived outside the TSBD at approximately 12:55 pm is not to be trusted. Reader' should keep in mind that there can be doubt that Hill arrived at the TSBD inside Valentine's squad car, as film footage shows Hill exiting the car just as it arrives (click here, and go to the 14 minute 50 second mark). The footage reveals that as Hill opens the right front door of the squad car, the number 207 can be seen printed on the door.

In his aforementioned interview with Bob Whitten, Hill explained that after he arrived at the TSBD, he went into the building with a couple of Dallas county deputy Sheriffs (WCD 1210, page 3). During his testimony before the Warren Commission, Hill claimed that upon his arrival at the TSBD, he first conferred with inspector Sawyer (WC Volume VII, page 45). He then claimed that; "...Captain [Will] Fritz and two or three more detectives from homicide, a boy named Roy Westphal, who works for the special service bureau [of the DPD], and a couple of uniformed officers, and a couple of [Dallas county] deputy sheriffs came up" (ibid). The two homicide detectives who accompanied Captain Fritz to the TSBD (after he was ordered to report there by DPD chief Jesse Curry) were Elmer L. Boyd and Richard M. Sims. In their report concerning their activities on the day of the assassination, Sims and Boyd wrote that they arrived at the TSBD at approximately 12:58 pm (Dallas Municipal archives, Box 3, Folder 4, Item 5). This was confirmed by Lt. T.L. Baker in his own report, and by Sims when he testified before the Warren Commission (Dallas Municipal archives, Box 5, Folder 5, Item 4), (WC Volume VII, page 159).

When Captain Fritz testified before the Warren Commission, he also confirmed that they arrived outside the TSBD at approximately 12:58 pm (WC Volume IV, page 204). Therefore, if Hill was telling the truth, he conferred with inspector Sawyer for approximately seven minutes prior to entering the TSBD! According to the aforementioned report by Sims and Boyd, they had taken an elevator up the TSBD with Lt. Jack Revill of the DPD special services bureau and Westphal. When Revill testified before the Warren Commission, he claimed that he went to the TSBD with Westphal and detectives V.J. Brian and O.J. Tarver (WC Volume V, page 34). During his own testimony before the Warren Commission, Brian confirmed that he went to the TSBD with Revill, Westphal, and Tarver (ibid, page 48). When Westphal was interviewed by author Larry Sneed, he also confirmed that he went to the TSBD with the aforementioned detectives (Sneed, No More Silence, page 327).

Although Hill never claimed during his testimony before the Warren Commission that Revill, Tarver, and Brian were with Westphal when he allegedly observed Westphal, this doesn't necessarily mean he was lying when he said he that he had seen Westphal. However, readers should keep in mind that when Revill and Brian testified before the Warren Commission, neither of them mentioned seeing Hill outside the TSBD after they arrived. Hill told the Warren Commission that after he walked into the TSBD, he had gone up the building inside the passenger elevator located at the front of the building (WC Volume VII, pages 45 and 46). Hill also implied during his testimony that he went up the passenger elevator with two Dallas county deputy Sheriffs; one of whom was allegedly Luke Mooney (ibid, page 45). As a matter of fact, during his subsequent interviews with researchers Jeff Meek and Larry Sneed, Hill more or less confirmed that he entered the front of the building with Mooney (Sneed, No More Silence, page 293), (click here to listen to Hill's interview with Meek). However, this was a lie.

In his report to Sheriff Bill Decker on November 23, 1963; Mooney wrote that he had taken a freight elevator (which was located at the rear of the TSBD), and that he rode it to the second floor with two female employees of the TSBD (WC Volume XIX, Decker exhibit 5323). Mooney confirmed this during his testimony before the Warren Commission on March 25, 1964 (WC Volume III, pages 283 and 284). Mooney also specifically told the Warren Commission that he entered the building through the rear entrance (ibid). Not only does Mooney's testimony contradict what Hill stated, but Hill made absolutely no mention of being on the elevator with two female employees when he testified, or during his subsequent interviews with Jeff Meek and Larry Sneed. Hill also told the Warren Commission that he went up the building in the passenger elevator to what he thought was either the fifth or sixth floor, and made no mention of having first stopped on the second floor (WC Volume VII, page 45). This writer should also point out that Hill was unquestionably mistaken about going to either the fifth or sixth floor on the passenger elevator, as it only went up to the fourth floor (WC Volume III, page 272).

Mooney also wrote in his report to Sheriff Decker (and then verified when he testified before the Warren Commission) that as he proceeded up the rear staircase from the second floor of the TSBD, he first stopped on the sixth floor and then went up to the seventh floor (WC Volume XIX, Decker exhibit 5323), (WC Volume III, page 284). Hill, on the other hand, implied during his testimony before the Warren Commission that he and Mooney went directly to the seventh floor (WC Volume VII, page 46). During his interview with Larry Sneed, Hill remarked that "...we went up the stairs to the seventh floor because no one had told us that the sixth floor was where the shots were fired from at the time" (Sneed, No More Silence, page 293). Readers should also bear in mind that during his testimony, Counsel David Belin told Hill that when he had spoken to him (Hill) prior to his testimony, he told him that the name of the other Dallas deputy Sheriff who had accompanied him and Mooney into the building was named Boone (WC Volume VII, page 45).

Belin was undoubtedly referring to Eugene Boone; one of the Dallas county deputy Sheriffs who found the rifle Oswald allegedly used to assassinate the President (WC Volume III, page 293). Hill also implied during his testimony that the second Dallas deputy Sheriff who was allegedly with him also went with him to the seventh floor; after which the spent shell casings were found (WC Volume VII, page 46). However, when Boone testified before the Warren Commission on March 25, 1964, he claimed that he went to the sixth floor of the TSBD after Mooney had already discovered the spent shell casings (WC Volume III, page 292). In fact, Boone stated that; "...I didn't know [Mooney] had found them" (ibid). As pointed out previously, Hill testified on April 8, 1964. Therefore, Belin would probably have known that Boone went to the sixth floor after Mooney discovered the spent shell casings. But even if he didn't, why would he tell Hill that Boone was the other deputy Sheriff who had accompanied him inside the building?

In this writer's opinion, it is entirely feasible that Belin and the Warren Commission knew that Hill was on the sixth floor of the TSBD before Mooney (or anyone else for that matter) got there, and was covering up for Hill's lie! Hill also told the Warren Commission that when he reached the seventh floor of the building "...there were the two deputy Sheriffs and I and one uniformed Officer up there" (WC Volume VII, page 45). However, during his subsequent interviews with Jeff Meek and Larry Sneed, Hill claimed that detective Roy Westphal was also with him on the seventh floor (Sneed, No More Silence, page 293). Hill's exact words to Sneed were "...a plain clothes officer named Roy Westphal, a uniformed officer whose name I've forgotten, Deputy Sheriff Mooney, and another deputy Sheriff and I all went toward the seventh floor as fast as we could" (ibid).

Hill went on to tell the Warren Commission that "In the middle of the floor on the seventh floor there was a ladder leading up into an area they called the penthouse, which was used mainly for storage. [Roy] Westphal went up this ladder, I know, and the uniformed officer went up it. The rest of us were checking around the boxes and books" (WC Volume VII, page 46). Although a diagram of the seventh floor in WCD 496 shows that the ladder led up to the roof of the TSBD, as researcher Jerry Dealey explains in the article Giving the Dealey Plaza sewer Troll a 'Lift', former DPD Paul Wilkins claimed that the ladder led into an attic. The obvious implication of Hill's testimony is that Westphal and the "uniformed officer" were the only two who had searched the storage area on the seventh floor when he was there. However, Mooney wrote in his report to Sheriff Decker that after he went to the seventh floor he was "...assisting in searching it out and crawled into the attic opening and decided it was too dark and came down to order flash lights" (WC Volume XIX, Decker exhibit 5323).

He went on to tell the Warren Commission that after he went to the seventh floor he "...approached officers [Sam] Webster and [Billy Joe] Vickery. They were up there in this little old stairway there that leads up into the attic. So we climbed up in there and looked around right quick. We didn't climb all the way into the attic, almost into it" (WC Volume III, page 284). Although Mooney's testimony in this regard is somewhat inconsistent with what he wrote in his report (namely that he had crawled into the attic space), the important point to keep in mind is that Mooney contradicted Hill's claim that Roy Westphal and the "uniformed officer" were the only two who went up the ladder/staircase which led into the attic space. We should also keep in mind that Mooney's claim that his fellow deputy Sheriffs Sam Webster and Billy Joe Vickery (Victory) were with him on the seventh floor contradicts Hill's claim that he was only with Mooney and another deputy Sheriff on that floor.

As for Roy Westphal, when he was interviewed by Larry Sneed, he claimed "...when we went into the [TSBD], our reasoning was to search from the top downward since we didn't know if the man might still be in the building. As we went up the elevator, I met Sergeant [Don] Flusche, and we were among other officers who got up in the attic looking for the suspect" (Sneed, No More Silence, page 327). At the time of the assassination, Sergeant Flusche was a uniformed DPD officer assigned to the northeast patrol area (WC Volume XIX, Batchelor exhibit 5002). During his own interview with Larry Sneed, Flusche claimed he searched the attic of the TSBD with Roy Westphal and a uniformed officer named W.C. Flowers; and that this was evidently after both the spent shell casings and the rifle had been discovered on the sixth floor (Sneed, No More Silence, pages 457 and 458).

Flusche told Sneed that "We conducted a pretty thorough search of the sixth floor and then went up into the attic of [the TSBD], which was also the seventh floor. There was some thought that the scuttle hole was open up there, and for some reason the manager or somebody in that building thought that was strange, so [Roy] Westphal, [W.C.] Flowers, and I conducted that search" (ibid). Flusche then added; "There was nothing there at all, but it was real strange that, with all these federal people and other folks that were standing around, we were the only three that would go up [into the attic]" (ibid). The "federal people" to whom Flusche was referring to were probably the ATF agents who had entered the TSBD following the assassination. Several researchers also believe that the "officers" Luke Mooney claimed he encountered whilst ascending the stairs to the sixth floor (and who he believed were deputy Sheriffs), were in fact ATF agents (WC Volume III, page 284).

Although Flusche recalled that he, Westphal, and Flowers had conducted the search of the attic area whilst other Officers were present, consider that Flusche also (more or less) told Sneed that Captain Will Fritz and Lt. John Carl Day were not present on the sixth floor when DPD Officer Paul Wilkins pointed out the location of the rifle which was discovered on that floor (Sneed, No More Silence, pages 458). However, Lt. Day indicated during his testimony before the Warren Commission that he was on the sixth floor before the rifle had been discovered (WC Volume IV, page 253). Furthermore, Westphal told Sneed that they had searched the attic before the rifle had been found (Sneed, No More Silence, page 328). It is therefore apparent to this writer that Flusche's recollection was most likely in error. Nevertheless, both Westphal and Flusche claimed that they were not the only two officers who had searched the attic, and that Hill was lying when he told the Warren Commission that only one "uniformed officer" went up the ladder into the attic space with Westphal.

But then how could Hill have known that Westphal went up the ladder and searched the attic? Consider that in his report to DPD captain W.P. Gannaway (dated March 5, 1963) concerning the whereabouts of former DPD officer Harry N. Olsen, Westphal listed Hill as the source of information pertaining to Olsen's whereabouts (Dallas Municipal archives, Box 18, Folder 9, Item 17). Since it is evident that Hill was acquainted with Westphal prior to his Warren Commission testimony, he could easily have learned from Westphal after speaking to him that he (Westphal) went up the ladder into the attic. Suffice it say, Hill's claim that only one uniformed officer went up the ladder with Westphal was contradicted by both Westphal and Flusche; with the implication being that Hill was merely guessing when he testified that only one uniformed officer went up the ladder as he didn't witness this for himself.

Hill told the Warren Commission that after he and the two deputy Sheriffs went down to the sixth floor, one of them yelled out "here it is" (or words to that effect), after the spent shell casings had been discovered (WC Volume VII, page 46). However, in his report to Sheriff Decker, Mooney indicated that he was by himself when he went down to the sixth floor (WC Volume XIX, Decker exhibit 5323). During his testimony before the Warren Commission, Mooney explained that he went down to the sixth floor ahead of deputy Sheriffs Sam Webster and Billy Joe Vickery (Victory), and that they came down behind him. Although Mooney told Sneed during his interview with him that he was alone when he went up to the seventh floor, the important point to keep in mind is that he again neglected to claim that he was with one other deputy Sheriff when he went down to the sixth floor (Sneed, No More Silence, page 226).

Hill then told the Warren Commission that he "...asked the deputy Sheriff to guard the scene", and then shouted down to the street from an open window for the DPD crime lab to be sent up to the sixth floor (WC Volume VII, page 46). A photograph taken by Dallas Times Herald photographer Darryl Heikes, and a photograph taken by Dallas Times Herald staff photographer William Allen, show Hill leaning out of the first window to the west of the so-called sniper's nest window on the Sixth floor of the TSBD (click here to view the photograph taken by Allen). Two photographs taken by freelance photographer Jim Murray also show Hill leaning out of the aforementioned window (click here to view those photographs). The problem with Hill's claim is that there is no corroboration from anyone who claimed to be on the sixth floor at the same time Luke Mooney discovered the spent shell casings that Hill shouted down to the ground for the DPD crime lab to be sent up.

As a matter of fact, Mooney wrote in his report to Sheriff Decker (and then verified during his testimony before the Warren Commission) that after he discovered the spent shell casings, he leaned out of the same window from where the shots were allegedly fired, and yelled down to Decker and Captain Fritz for the crime lab to be sent up (WC Volume XIX, Decker exhibit 5323), (WC Volume III, pages 284 and 285). Hill never mentioned during his testimony or during his subsequent interviews with Jeff Meek and Larry Sneed that Mooney yelled out of the window for the crime lab to be sent up. Although there are no known photographs which show Mooney leaning out of the sixth floor window, Allan Sweatt, the chief criminal deputy for the Dallas Sheriff's office, wrote in his own report to Sheriff Decker that Mooney "...stuck his head out of the 5th floor window and the Northeast corner of the building [TSBD] and stated he had found some spent cartridge cases..." (WC Volume XIX, Decker exhibit 5323).

Hill and the Discovery of the Shell Casings

Despite being mistaken about which floor (and corner) of the TSBD Mooney was on when he stuck his head out of the window, the fact remains that Sweatt confirmed that Mooney called down to the street following the discovery of the spent shell casings. Readers should also keep in mind that deputy Sheriff Ralph Walters also wrote in his report to Sheriff Decker that Mooney had leaned out of the window that the spent shell casings were found (ibid). Although Walters claimed that he was on the sixth floor of the TSBD with Mooney when Mooney found the spent shell casings, this writer should point out that Mooney never mentioned that Walters was with him when he made the discovery. Whilst some might argue that since none of the photographs showing Hill leaning out of the window shows Mooney also leaning out of the window, somehow proves that Hill was on the sixth floor prior to Mooney, it is entirely feasible (although not likely in this writer's opinion) that if Hill leaned out of the window after Mooney, all three of aforementioned the photographers only managed to photograph him.

Whilst others might argue that there would be no reason for Hill to lean out of the window and yell down to the street for the crime lab to be sent up after Mooney had done so, it is entirely feasible that Hill was concerned that no one had heard Mooney. Hill also told the Warren Commission that; "Not knowing or not getting any indication from the street that they heard me, I asked the deputies again to guard the scene and I would go down and make sure that the crime lab was en route" (WC Volume VII, pages 46 and 47). The problem is that neither Mooney nor any other deputy sheriff (or any DPD officer for that matter claimed that they were asked by Hill) to guard the scene. In fact, Dallas deputy sheriff Harry Weatherford wrote in his report to Sheriff Bill Decker that it was he (Weatherford) who asked Mooney to "...preserve the scene for the crime lab" (WC Volume XIX, Decker exhibit 5323). Weatherford also wrote in his report that he was searching the sixth floor as Mooney found the spent shell casings (ibid).

Hill's statements during his testimony also imply that he was alone with Mooney and the other deputy sheriff when Mooney discovered the spent shell casings; and was also alone with the two deputy sheriffs when he (Hill) yelled down to the street from the window for the crime lab to be sent up. On the contrary, Mooney wrote in his report to Sheriff Decker that after he yelled out of the window, deputy Sheriffs Sam Webster, Billy Joe Vickery/Victory, and A.D. McCurley went to where Mooney had discovered the spent shell casings and guarded that spot until the DPD crime lab officers arrived (ibid). During his testimony, Mooney confirmed that after he called down to the street; "...Officers Vickery and Webster, they came across and later on several other deputies -I believe Officers McCurley, A.D. McCurley, I believe he came over" (WC Volume III, page 285). Although there doesn't appear to be any report by either Webster and Victory/Vickery, in his own report to Sheriff Decker, McCurley wrote that he was on the sixth floor when Mooney "hollered" that he had found the spent shell casings (WC Volume XIX, Decker exhibit 5323).

The significance of the above statements is that there were more than two Deputy Sheriffs on the sixth floor of the TSBD when Mooney discovered the spent shell casings. This writer should also point out that during his interview with Larry Sneed, Hill claimed that after Mooney discovered the spent shell casings; "I told all the other officers that were [on the sixth floor] not to touch anything and that we needed to get the crime lab" (Sneed, No More Silence, page 294). Although Hill's claim implies that there were actually more than two deputy sheriffs (and perhaps even DPD officers) on the sixth floor at the time the spent shell casings were found by Mooney, he most likely said this to Sneed after learning that there were actually more than two deputy Sheriffs on the sixth floor when Mooney found the spent shell casings. Readers should keep in mind that there is no confirmation from anyone that Hill told the other deputies/officers who were present on the sixth floor following Mooney's discovery not to touch anything.

Hill also told the Warren Commission that after he allegedly got to the back of the TSBD to go down to the ground and "...make sure the [DPD] crime lab was en route", Captain Fritz and his men were coming up on the elevator, and that he informed Fritz about the discovery of the spent shell casings and that he was going to make sure the crime lab was en route (WC Volume VII, page 47). But this was yet another lie by Hill! When detective Elmer Boyd testified before the Warren Commission, he claimed that he was on the seventh floor with detective Richard Sims and Fritz when someone said that the spent shell casings were found on the sixth floor (WC Volume VII, page 121). During his own testimony before the Warren Commission, Sims claimed that Fritz and Boyd were on the seventh floor of the TSBD when someone "called" them to the sixth floor after the spent shell casings had been found (WC Volume VII, page 183).

Although Boyd and Sims didn't actually write in their report concerning their activities on the day of the assassination that Fritz was on the seventh floor of the TSBD when "...someone yelled that some empty hulls had been found on the sixth floor", their report nevertheless does imply that Fritz was with them (Dallas Municipal archives, Box 3, Folder 4, Item 5). It is also perhaps worth keeping in mind that Lt. T.L. Baker also implied in his own report that Fritz was with Sims and Boyd on seventh floor when the spent shell casings were found (Dallas Municipal archives, Box 5, Folder 5, Item 4). As for Fritz, this writer should point out that when he testified before the Warren Commission, he never actually stated that he was on the seventh floor with Sims and Boyd when he was told that the spent shell casings were found. However, his testimony nevertheless implies that he was with Sims and Boyd when he was told about the discovery (WC Volume IV, pages 204 and 205).

Did Hill Lie about his location?

The important point to keep in mind is that Fritz never claimed that he was told about the spent shell casings as he was coming up on the elevator. Suffice it to say, there is an utter lack of corroboration for Hill's claim that he told Fritz about the spent shell casings from Sims, Boyd, and Fritz himself. What all of the evidence discussed so far demonstrates is that Hill told a number of lies, and that there is no confirmation from anyone; except for one DPD detective as far as this writer is aware, that Hill was on the sixth floor at the time the spent shell casings were officially discovered by Deputy Sheriff Luke Mooney.

When detective V.J. Brian testified before the Warren Commission on May 13, 1964, he made the following claim with regards to the discovery of the spent shell casings; "Well, a police sergeant, Jerry Hill, hollered, I was on the opposite side of the sixth floor, hollered that he had, this is where he shot from, and shells were laying there, and I walked from where I was at over to the other corner of the building and looked, and that is about the extent of my investigation there because they called the crime laboratory and everybody else to get down there and they got an officer to guard the place and not let nobody get around and we went on searching the building" (WC Volume V, pages 48 and 49). Although Brian claimed that he was on the sixth floor with Hill when the spent shell casings were discovered, there are problems with his credibility.

When chief counsel J. Lee Rankin asked Brian what he observed, and how many spent shell casings he had seen, Brian gave the following startling response; "I am going to guess" (ibid, page 49). Evidently perplexed by Brian's response, Rankin told him; "We don't want you to guess. If you can tell us your recollection, that is all" (ibid). Brian then proceeded to explain to Rankin that; "Well, the first time I went over there [where the spent shell casings were], I believe I saw two [shells], but I am not sure, but I went back again later and there were three shells there" (ibid). Although this writer believes that there may have been only two spent shell casings discovered on the sixth floor, it is beyond the scope of this essay this discuss this possibility. However, if there were two spent shell casings found on the sixth floor, then Brian (along with his fellow DPD Officers and Dallas deputy Sheriffs) were coerced into claiming that there were three.

Even if we are to believe that there actually were three spent shell casings discovered on the sixth floor, why did Brian feel the need to tell Rankin that he was going to guess at how many he observed after seeing three of them? One plausible explanation is that Brian actually wasn't on the sixth floor when (and after) the spent shell casings were discovered. But then why would Brian claim that he heard Gerald Hill holler that the spent shell casings were found? In this writer's opinion, it was because the DPD had knowledge that Hill wasn't on the sixth floor when Mooney found the spent shell casings, and was one of the two officers inside DPD squad car 207 outside the rooming house on 1026 North Beckley at approximately 1:00 pm. As this writer explains further on in this essay, the DPD had probably come to suspect that Hill was one of the two officers inside the car after officer Jim M. Valentine claimed that he handed Hill the keys to the car to him after being told by Hill to do so.

Therefore, Brian may have been coerced by one or more of his superiors in the DPD into claiming that Hill was on the sixth floor when Mooney discovered the spent shell casings. But if this really was the case, the obvious question is why didn't other DPD officers also claim that Hill was on the sixth floor? Whilst we can speculate why that was the case, the fact remains that the Brian was (apparently) the only DPD Officer who claimed to be on the sixth floor with Hill when the spent shell casings were discovered; and incredibly testified that he was going to guess at how many he had seen. As for how Brain learned that three spent shell casings were (allegedly) found, he could easily have learned this from his fellow officers.

Furthermore, although Brian never explained whether Hill had "hollered" at the other officers who were present on the sixth floor, or out of a window, readers should keep in mind that Hill never claimed during his testimony before the Warren Commission (or during his subsequent interviews with Jeff Meek and Larry Sneed) that he had hollered at the other officers who were allegedly on the sixth floor with him that the spent shell casings were found. Suffice it to say, it is this writer's belief that Brain is not to be considered a credible witness, and inadvertently claimed that he was going to guess how many spent shell casings were found as he was under pressure from lying under oath. Let's now look into the issue of what time Deputy Sheriff Luke Mooney discovered the spent shell casings.

According to Dale Myers, Mooney and the DPD found the spent shell casings at 12:58 pm (click here to view Myers' timetable of the events following the assassination). However, there is a huge problem with this theory. First of all, as stated previously in this essay, Mooney told the Warren Commission that after he discovered the spent shell casings he leaned out of the same window from where the shots were fired, and yelled down to the ground for the crime lab to be sent up. As this writer has also stated previously, Captain Fritz and detectives Sims and Boyd arrived at Dealey Plaza at about 12:58 pm, and that at the time Mooney discovered the spent shell casings, they were on the seventh floor of the TSBD. Mooney on the other hand wrote in his report to Sheriff Decker (and then verified during his testimony before the Warren Commission) that he observed Captain Fritz and Sheriff Decker standing outside the TSBD when he leaned out of the window (WC Volume XIX, Decker exhibit 5323), (WC Volume III, page 284).

Aside from the fact that Fritz was on the seventh floor when he was advised that the spent shell casings were discovered, there are several other problems with Mooney's claim that Fritz and Decker were both outside the TSBD at the time he leaned out of the window. First of all, in his own (undated) report concerning his activities following the assassination, Sheriff Decker made no mention of seeing or hearing Mooney as he leaned out of the window, claiming instead that he was informed of Mooney's discovery after he had spoken to his chief criminal deputy, Allan Sweatt (WC Volume XIX, Decker exhibit 5323). Sweatt confirmed in his own report to Decker that he had spoken to him after he observed Mooney lean out of the window, and made no mention of Decker standing near him at the time Mooney leaned out of the window.

In their aforementioned report concerning their activities on the day of the assassination, detectives Elmer Boyd and Richard Sims wrote that Sheriff Decker went from Parkland hospital to the TSBD with them and Captain Fritz in their car following the assassination (Dallas Municipal archives, Box 3, Folder 4, Item 5). Both Sims and Boyd verified this when they testified before the Warren Commission (WC Volume VII, pages 121 and 159). Although Decker didn't mention in his report that he had gone to the TSBD from Parkland hospital with Fritz, he nevertheless wrote that their inside a car belonging to the homicide division of the DPD (WC Volume XIX, Decker exhibit 5323). In fact, Decker wrote in his report that Fritz arrived outside the TSBD after he did (ibid). But if this were true, then Mooney would have discovered the spent shell casings before 12:58 pm; which, as this writer explains below, is an absurd belief.

Given the fact that Decker was approximately 66 years old at the time of the assassination, it is entirely possible that he had simply forgotten that he had gone to the TSBD with Fritz (WC Volume XII, page 43). As for Mooney, it is apparent that he was mistaken (or perhaps lying) when he claimed that Fritz and Decker were standing outside the TSBD when he leaned out of the window. The reader should keep in mind that Hill told the Warren Commission that after arriving at the TSBD and conferring with inspector Sawyer "...Captain [Will] Fritz and two or three more detectives from homicide, a boy named Roy Westphal, who works for the special service bureau [of the DPD], and a couple of uniformed officers, and a couple of [Dallas county] deputy sheriffs came up" (WC Volume VII, page 45).

When was Hill on the Sixth Floor?

Since Captain Fritz arrived outside the TSBD at about 12:58 pm, Hill's testimony places him (Hill) outside the TSBD at that time. So if Mooney really did find the spent shell casings at 12:58 pm as Myers postulates, then Hill either lied about being on the sixth floor with Mooney, or he lied about being outside the TSBD with Fritz at about 12:58 pm. The only other alternative explanation is that Hill was on the sixth floor of the TSBD after Mooney discovered the spent shell casings. However, if this truly was the case, this writer is at a loss to explain why Hill would lie under oath before the Warren Commission that he was on the sixth floor with Mooney when he found the spent shell casings. Moreover, as discussed throughout this essay, Hill was outside the rooming house at 1026 North Beckley at approximately 1:00 pm, and therefore, he couldn't have been on the sixth floor of the TSBD after 12:58 pm.

According to the transcript of the recordings of channel one of the DPD radio (dubbed Sawyer exhibit B), at approximately 1:12 pm, inspector Sawyer informed the Police dispatchers that "We have found empty rifle hulls on the fifth floor [of the TSBD]..." (WC Volume XXI, Sawyer EX B). But according to the following two transcripts, the transmission from Sawyer at approximately 1:11 pm reads; "On the 3rd floor of this book company down here, we found empty rifle hulls..." (WCE 705/1974). Hill informed the Warren Commission that after he allegedly told Captain Fritz about the discovery of the spent shell casings, he went outside and advised inspector Sawyer of the discovery (WC Volume VII, page 47). Hill also took credit for advising Lt. John Carl Day of the DPD crime lab that the shots had been fired from the sixth floor of the TSBD (ibid). But this was another demonstrable lie by Hill.

When Lt. Day testified before the Warren Commission on April 22, 1964, he claimed that it was inspector Sawyer who directed him to the sixth floor of the TSBD (WC Volume IV, page 249). Another problem with Hill's claim is that he testified that he told Lt. Day about the spent shell casings before he told Sawyer (WC Volume VII, page 47). When detective Robert Studebaker (who arrived at the TSBD with Day) testified before the Warren Commission on April 6, 1964, he claimed that they arrived at the TSBD at about 1:15 pm (ibid, page 138). Studebaker also claimed that the spent shell casings weren't found yet when they arrived on the sixth floor; even though he stated that they were directed to the sixth floor upon there arrival (ibid, page 139). However, in his report to deputy DPD chief George L. Lumpkin on January 8, 1964, Lt. Day wrote that he arrived at the TSBD with Studebaker at 1:12 pm, and verified that they arrived there at "about" 1:12 pm (WCE 3145), (WC Volume IV, page 249).

Lt. Day also wrote in his report (and verified during his testimony before the Warren Commission) that the spent shell casings had been found upon their arrival on the sixth floor (ibid). Even if Day and Studebaker had arrived at the TSBD closer to 1:15 pm than 1:12 pm, the transcripts of channel two of the DPD radio show that the spent shell casings were found prior to their arrival. As for inspector Sawyer, when he testified before the Warren Commission, he failed to confirm that it was Hill who told him about the discovery of the spent shell casings. According to Sawyer; "somebody inside the building" reported the discovery to him (WC Volume VI, page 322). Unfortunately, Sawyer didn't clarify whether he meant that it was reported to him by an officer/deputy Sheriff who came out of the building and told him, or if it was by an officer/deputy Sheriff who leaned out of a window and yelled down to the street. In the writer's opinion, by stating that it was "reported" to him, Sawyer was implying that it was the former.

Even if we are to believe that Mooney discovered the spent shell casings at 12:58 pm, and that it was indeed Hill who informed Sawyer about it after he went outside the building, we must also believe that it somehow took Hill about thirteen minutes for him to go to the window and shout down to the street for the crime lab to be sent up after seeing the spent shell casings for himself, head towards the back of the building and inform Captain Fritz about the discovery, then head outside and inform Lt. Day and inspector Sawyer about the discovery, and for Sawyer to then inform the DPD dispatchers about it. Keep in mind that according to Hill's own testimony (and his subsequent interviews with Jeff Meek and Larry Sneed), there wasn't any lengthy delay in his going down and out of the TSBD to inform Sawyer about the discovery (WC Volume VII, pages 46 and 47), (Sneed, No More Silence, page 294). This writer should point out that news reporter Jim Ewell told Larry Sneed that when Hill leaned out of the window "...he had what was thought to be Oswald's little fried chicken lunch. It was in a little pop box," and that Hill was explaining to everyone on the ground that the assassin had been eating fried chicken (ibid, pages 6 and 7).

Consider that if Hill really was concerned about whether anybody down on the street heard him shout out that the crime lab should be sent up, then he naturally wouldn't have taken his time to head down and out of the building. However, for the sake of argument, let's assume it took Hill two minutes to go to the window to yell down to the street after hearing Mooney yell out that he found the spent shell casings (and after finding what was thought to be the assassin's lunch), one minute yelling down to the street for the crime lab to be sent up, one minute to then head to the back of the building and inform Fritz about it, then three minutes to reach the front entrance of the building, how do we account for the remaining six minutes? Are we to honestly believe that Hill would waste time lingering inside the building when he was allegedly concerned that nobody heard him shout out that the crime lab should be sent up? Are we also to honestly believe that if, for example, Sawyer was conferring with another officer(s), that Hill would wait a while before interrupting to tell him about this important discovery?

Finally, are we to honestly believe that after Hill allegedly informed Sawyer about the discovery that Sawyer would actually wait for over a minute before informing the dispatchers? In this writer's opinion, none of these explanations are viable. What's even less viable (and in this writer's opinion, absurd) is that if Mooney discovered the spent shell casings prior to 12:58 pm, it took Hill even longer to inform Sawyer of the discovery! Readers should keep in mind that according to Donald Willis, in two emails to researcher Tony Pitman, WFAA-TV cameraman Tom Alyea (who filmed DPD officers and Dallas county deputy Sheriffs as they searched the sixth floor of the TSBD) claimed that the spent shell casings were discovered at 12:55 pm (click here). Partial confirmation for Alyea's claim comes from this list of photographs taken in Dealey Plaza on the day of the assassination, in which it is stated that at approximately 12:55 pm, a photograph captured by William Allen of the Dallas Times Herald shows; "Sheriff [is] waving out of sixth floor window [of the TSBD] next to 'the' window."

Also according to the list, at approximately 12:55 pm, freelance photographer Jim Murray captured two photographs showing a "Policeman on [the] 6th floor [of the TSBD] yelling out window and & pointing to 6th floor window." There can be very little doubt that the photographs in question are the photographs showing Gerald Hill yelling out of the window next to the so-called sniper's nest window; which this writer provided links to above. This writer should also point out that according to the aforementioned list of photographs, it is stated that Sheriff Decker was photographed in Dealey Plaza as early as 12:39 pm. However, a search through Robin Unger's excellent collection of the various photographs taken in Dealey Plaza on the day of the assassination reveals that the man believed to be Decker was in fact Deputy Sheriff Buddy Walthers; who bore a resemblance to Decker.

Hill and Alyea

When Luke Mooney testified before the Warren Commission, he stated that as he went down to the sixth floor; "some news reporter, or press, I don't know who he was - he was coming up with a camera" (WC Volume III, page 284). As Alyea was the only cameraman who took film footage of the sixth floor as it was being searched, there can be no doubt that Mooney was referring to him. This writer should point out that Hill made no mention of seeing any cameraman on the sixth floor when he testified before the Warren Commission and during his subsequent interviews with Jeff Meek and Larry Sneed. Although Mooney's testimony seems to suggest that Alyea first learned of the discovery of the spent shell casings when he was on the sixth floor of the TSBD, he made no mention of this during a filmed interview in 1964 (click here to view the interview). As a matter of fact, the evidence discussed in this essay shows that this wasn't the case, and that he probably first learned about it after seeing and/or hearing Hill yell down from the sixth floor window.

But if this was the case, Alyea didn't mention this during his aforementioned interview. According to the transcripts of channel one of the DPD radio communications, between 12:55 pm and 1:04 pm, Sgt. David V. Harkness told the Police dispatchers to send the crime lab to the TSBD (WC Volume XXI, Sawyer Exhibit No. A), (WCE 705/1974). Whilst there is no way for this writer to be certain, it is nevertheless this writer's estimation that Harkness made his transmission between 12:58 pm and 12:59 pm. If Hill yelled out of the window at approximately 12:55 pm (taking no more than a minute to do so), took two minutes to arrive outside the building after leaving the window, then took a minute to inform Harkness (or an Officer who informed Harkness) about the "discovery" of the spent shell casings, then Harkness could easily have made his transmission between 12:58 pm and 12:59 pm. Readers should note that Hill was filmed speaking to news reporters outside the TSBD (this can be viewed here at about the 2 hour 21 minute mark).

In the essay entitled The Gun That Didn't Smoke, Walter F. Graf and Richard R. Bartholomew write that a shadow cast on the bricks to the west of a window on the southeast corner of the TSBD (seen in a photograph taken by Jim Murray) shows that Hill leaned out of the window at 1:03 pm (click here to read the essay). Whilst the author's seem certain that this was the case, if Luke Mooney discovered the spent shell casings at 12:58 pm or before, and if Harkness' aforementioned transmission was due to Mooney leaning out of the window, we must believe that Hill (who was allegedly concerned about making sure the crime lab was sent up following the discovery of the spent shell casings) either took five minutes to open the window and yell down to the street, or took well over a minute trying to get the attention of his fellow Officers in the noisy and crowded street below. Keep in mind that Hill never claimed that there was a delay in his opening the window, and then leaving the building.

In his book Pictures of the Pain, Richard Trask explains that " [William Allen and Jim Murray] took photos of cops toting shotguns on Houston Street looking up at the building, and of Sergeant Hill motioning out of a sixth-floor window shortly before 1:05 pm. when the [spent] shell casings were discovered" (Trask, Pictures of the Pain, page 546). Trask also writes that "... two frames [from Jim Murray's camera show] Sergeant Gerald Hill yelling out of a sixth floor window at around 1:00 just after spent shells had been located under the corner window to which he is pointing" (ibid, page 502). Trask appears to be implying that Hill yelled out of the window closer to 1:05 pm than 12:55 pm. However, given his commitment to the belief that Oswald (acting alone) assassinated the President and then shot Officer Tippit, readers are cautioned against believing Trask, as he undoubtedly wouldn't want his readers to think that Hill could have been one of the two officers outside "Oswald's" rooming house inside the DPD squad car seen by Earlene Roberts at approximately 1:00 pm, and that by implication, was involved in Tippit's murder with Oswald.

As this writer has discussed above, Sheriff Decker (most likely) arrived at the TSBD at about 12:58 pm. In his November 23, 1963, report concerning his activities on the day of the assassination, Mooney wrote that as he was searching the railroad yards "...Sheriff Bill Decker came up and told me and Officers Sam Webster and Billy Joe Victory to surround the [TSBD] building" after which he entered the building (WC Volume XIX, Decker Exhibit No. 5323). This would mean that Mooney was on the sixth floor of the TSBD sometime after 12:58 pm. When Mooney testified before the Warren Commission, he stated that "another officer" told him that Decker wanted the TSBD to be covered, and that this was after he had been in the railroad yards for "...only a few seconds" (WC Volume III, page 283). Mooney didn't specify how long he had been searching the railroad yards prior to being instructed to "surround" the TSBD.

Despite his latter claim when he testified before the Warren Commission four months after he wrote his report, Mooney (more or less) claimed that Sheriff Decker had spoken to him in person. It is also entirely possible that Mooney had simply misremembered how long he had been searching the railroad yards prior to entering the TSBD. Although Decker never mentioned in his own report that he had spoken to Mooney, Webster, or Victory/Vickery following his arrival at the TSBD, this doesn't necessarily mean that he didn't. But could Mooney have been referring to deputy Sheriff Buddy Walthers, who resembled Decker? Whilst this is possible, it is nevertheless unlikely that Mooney could have mistaken Walthers for his own Sheriff. Secondly, Walthers never claimed in his own report to Decker (or when he testified before the Warren Commission) that he had relayed instructions to his fellow officers to cover/surround the TSBD (WC Volume XIX, Decker Exhibit No. 5323), (WC Volume VII, page 546).

It is also important to keep in mind that in their report concerning their activities on the day of the assassination, detectives Sims and Boyd wrote that the spent shell casings were found at "about 1:15 pm," and that "Deputy Sheriff Luke E. Mooney said he found them and left them lay as they were" (Dallas Municipal archives, Box 3, Folder 4, Item 5). Similarly, detective B.L. Senkel wrote in his own report that he "...got to the sixth floor [of the TSBD] about 1:10 pm," and that "The empty hulls were found at [the] window about 1:15 pm" (ibid, Folder 12, Item 1). Mooney told the Warren Commission that "...it was approaching 1 o'clock. It could have been 1 o'clock" when he found the spent shell casings, but acknowledged that he didn't look at his watch to determine the time (WC Volume III, page 285).

As pointed out previously, the transcripts of channel two of the DPD radio recordings show that inspector sawyer reported over the radio that the spent shell casings were found at approximately 1:11 pm. Given all of the evidence discussed above, it is apparent to this writer that Mooney's discovery of the spent shell casings was responsible for Sawyer's transmission. If it took the officer who reported the discovery to Sawyer approximately two minutes from the time he left the sixth floor to the time he spoke to Sawyer, then Mooney found the spent shell casings at approximately 1:09 pm. Suffice it to say, aside from one DPD detective who is not a credible witness, there is an utter lack of support for Hill's claim that he was on the sixth floor at the time Mooney found the spent shell casings. On a final note, Steve Pieringer, a Fort Worth News reporter, reported the following from outside the TSBD: "Jerry Hill of the Dallas Police department just yelled out a window... Apparently they've found some shells there in that room in the Texas School book depository building" (see When The News Went Live in Google books).

There can be no doubt that Pieringer reported this, as film footage (which can be viewed here) confirms that he did. As for Pieringer's claim that others were with Hill when he yelled out of the window, this may have been an assumption on Pieringer's part. Alternatively, Hill may have yelled out words to the effect "We have found empty shells on this floor." It is this writer's belief that the purpose of Hill yelling out of the window was to ensure that there would be witnesses to the fact that he was on the sixth floor when the discovery of the spent shell casings was allegedly made, and that he wasn't outside the rooming house at 1026 North Beckley in DPD squad car 207. If Hill framed Oswald for Tippit's murder, then it stands to reason that he was also involved in President Kennedy's assassination, and that by all likelihood, he would have known in advance from which floor of the TSBD the shots would have been fired at the President. As for Hill's claim that he and a deputy Sheriff found the spent shell casings during his interview with Bob Whitten, he could easily have learned from one or more DPD Officers at Police headquarters prior to his interview with Whitten that Mooney had discovered the spent shell casings (WCD 1210, page 3).

According to Google Maps, if Hill left the TSBD at approximately 12:58 pm, and travelled to the rooming house at 1026 North Beckley via Commerce Street; by this writer's calculation, at an average speed of 50 mph, Hill could have arrived there at approximately 1:01 pm. Hill told the Warren Commission that he travelled to the Tippit murder scene with Sgt. Calvin "Bud" Owens, and assistant Dallas district attorney, William F. Alexander (WC Volume VII, page 47). Although Alexander verified that this was the case, and although the recordings of the DPD radio communications (available on John McAdams' website here) show that Hill was using Owens' radio identification number when speaking over the radio, as I will explain in detail on my blog, this was a fabrication by the DPD to cover-up for Hill's presence outside the rooming house. I will also discuss Hill's activities (and demonstrable lies) from the time he left the TSBD, to the time he arrived at the Texas Theater (click here to read through my discussion of Earlene Roberts' credibility).

The Framing of Oswald inside the Theater

We now come to the main crux of the essay: The framing of Oswald inside the Theater by Hill. As far as this writer is aware, the first two researchers who made the case that Hill was guilty of framing Oswald were Lee Farley and Duke Lane. Before reading what follows, readers are encouraged to first read through this writer's discussion of the notion that Oswald tried to shoot Officer Nick McDonald using the revolver (WCE 143) he allegedly used to kill Tippit (see under the subheading VI: Closing in, in part 1 of this writer's review of With Malice). As this writer explains, the notion that Oswald tried to shoot McDonald was a fabrication by the DPD in order to portray Oswald as a desperate man who had just murdered Tippit in cold blood, and was willing to murder another police officer to avoid being arrested. This writer also discussed the allegation that Oswald purchased the gun via mail order.

The official story is that after Officer McDonald disarmed Oswald, detective Bob Carroll took "Oswald's" gun and stuck it into his belt before leaving the Theater. After Oswald was placed into the unmarked DPD car assigned to detective Carroll and his partner Kenneth Lyon, Carroll allegedly handed the gun to Gerald Hill, who was sitting to Carroll's right in the front of the car. Following their arrival at DPD headquarters, Hill relinquished possession of the gun to Lieutenant T.L. Baker of the homicide and robbery bureau. There can be absolutely no doubt that Hill had possession of the gun following Oswald's arrest, as he was filmed showing it to news reporters shortly following their arrival at DPD headquarters (this can be viewed here at about the 2 hour 24 minute mark). Hill was also photographed inside the Theater during Oswald's arrest; and identified himself in that photograph when he testified before the Warren Commission (WC Volume VII, page 50). What follows is an in depth discussion of the likelihood that Hill had possession of "Oswald's" revolver prior to his arrival at the Theater.

According to Dale Myers, Bob Carroll was photographed outside the Texas Theater (by Stuart L. Reed) holding onto "Oswald's" revolver with his right hand (With Malice, Chapter 6). But what Myers doesn't tell his readers is that Carroll claimed that he placed "Oswald's" gun inside his belt before exiting the Theater. In his December 4, 1963, report to DPD Chief Jesse Curry concerning Oswald's arrest, Carroll wrote; "...I observed a pistol with the muzzle pointed in my direction. I grabbed the pistol and stuck it in my belt and then continued to assist in the subduing of Oswald. After Oswald was handcuffed we were instructed by Captain W.R. Westbrook to take him directly to the City Hall. We [then] removed Oswald from the theatre" (Dallas Municipal archives, Box 2, Folder 7, Item 12).

When Carroll testified before the Warren Commission on April 3, 1964, he confirmed that he placed "Oswald's" gun into his belt prior to leaving the theater. Carroll told Counsel Joseph Ball; "I saw a pistol pointing at me so I reached and grabbed the pistol and jerked the pistol away and stuck it in my belt, and then I grabbed Oswald" (WC Volume VII, page 20). Further on during his testimony, Carroll claimed that "After I took the pistol, I stuck it in my belt immediately" (ibid, page 22). When Carroll was called back to testify on April 9, 1964, he stated that "The first time I saw [WCE 143], it was pointed in my direction, and I reached and grabbed it and stuck it into my belt... At the time, I was assisting in the arrest of Lee Harvey Oswald" (ibid, page 24). Carroll then stated that he "...jumped and grabbed the gun... [then] Stuck it in my belt," and that after leaving the Theater he "...released the pistol to Sgt. Jerry Hill" (ibid, pages 24 and 25).

Given what Carroll wrote in his report and what he stated during his testimony, the gun he was photographed holding outside the Theater was not "Oswald's" revolver (the photograph can be viewed here). When one closely examines the photograph showing Carroll holding onto the gun, it is apparent that the barrel of the gun Carroll was holding onto was longer than the barrel of "Oswald's" gun (this writer returns to the issue of whose gun Carroll was holding further on in this essay). In the meantime, let's consider all of the evidence which contradicts the notion that Carroll had possession of Oswald's revolver inside the Theater. In his December 2, 1963, report to Chief Curry concerning Oswald's arrest, Officer Ray Hawkins wrote the following; "[Oswald] had reached in his belt for a gun, and Officer McDonald was holding his right hand with the gun in it. Officer [Thomas Alexander] Hutson had entered the row behind [Oswald], and grabbed him around the neck and held him up. Sergeant G.L. Hill then took the gun" (Dallas Municipal archives, Box 2, Folder 7, Item 18).

As the reader can see, Hawkins claimed that it was Hill who took the gun. When Hawkins testified before the Warren Commission on April 3, 1964, he explained why he thought this was the case. According to Hawkins; "...Oswald and McDonald had both fallen down into the seat, and very shortly after I got [to where they were], a gun was pulled, came out of Oswald's belt and was pulled across to their right, or toward the south aisle of the theatre. Officer McDonald grabbed the pistol, and the best I can remember, Sergeant Hill, who had gotten there, said, 'I've got the gun,' and he took the gun and we handcuffed Oswald" (WC Volume VII, page 94). Hawkins then went on to explain that "... [Oswald and McDonald] had gotten back into the seat and Officer Hutson had grabbed Oswald from behind and Officer [Charles] Walker had him by the left arm and the gun went across and McDonald had grabbed him by the right hand and Sergeant Hill grabbed the gun and at this time I handcuffed his left hand" (ibid).

Bob Carroll testified before the Warren Commission prior to Hawkins on the very same morning. After apparently realising that Hawkins' testimony contradicted his; in so far as Carroll grabbing the gun was concerned, counsel asked Hawkins if Carroll was involved in the scuffle with Oswald. Hawkins response was; "Well, I'm sure Bob was in there. I couldn't say where he was exactly or - I do remember Sergeant Hill being there, and I believe he said, 'I've got the gun.' I think I read an account of where Bob Carroll may have had the gun, but I was under the impression it was Sergeant Hill. I'm sure Bob was there, but I don't know exactly - It was all happening pretty fast" (ibid). It should be apparent to the reader that Hawkins seemed adamant that it was Hill who had grabbed "Oswald's" gun after he allegedly pulled it out of his belt. Let's now look at the evidence which supports Hawkins' belief.

In his report to Chief Curry, Carroll wrote that "We put Oswald into [the car] and drove directly to the City Hall. While en route to the City Hall, I released the pistol to Sgt. Jerry Hill" (Dallas Municipal archives, Box 2, Folder 7, Item 12). During his initial testimony before the Warren Commission, Carroll reiterated that he had handed "Oswald's" gun to Hill after the car had left the front of the Theatre; "...after we got into the car and pulled out from the theatre over there, I gave [the gun] to Jerry Hill, Sgt. Jerry Hill" (WC Volume VII, page 22). When Carroll was called back to testify before the Warren Commission on April 9, 1964, counsel David Belin asked him whether he had given the gun to Hill before or after he had started the car. Carroll stated that it was after (ibid, page 25). When Belin asked Carroll how far he had driven the car prior to giving the gun to Hill, Carroll replied "I don't recall exactly how far I had driven," thus indirectly confirming that he had given the gun to Hill after the car had pulled away from the Theater (ibid).

On December 5, 1963, Hill wrote his own report to Chief Curry concerning Oswald's arrest. In his report, Hill claimed that "As Officer [Bob] Carroll started to get into the car, he pulled [out] a snub-nosed revolver from his belt and handed it to me" (Dallas Municipal archives, Box 2, Folder 7, Item 23). Hill testified before the Warren Commission on April 8, 1964. During his testimony, Hill stated that "As [Carroll] started to get in the car, he handed me a pistol, which he identified as the one that had been taken from the suspect in the theatre" (WC Volume VII, page 54). Hill then remarked that "[Carroll] apparently had [the gun] in his belt, and as he started to sit down, he handed it to me. I was already in the car and seated" (ibid). After counsel David Belin asked Hill what transpired inside the car after Carroll had allegedly given "Oswald's" gun to him, Hill stated "We mostly got the car in motion..." after which he explained to Belin the route which Carroll took after pulling out from in front of the Theater (ibid, page 56).

As the reader can see, Bob Carroll insisted that he had given the gun to Hill after he had driven the car away from the front of the Theater. Hill, on the other hand, insisted that Carroll had given the gun to him before the car pulled away from the Theater, and as Carroll started to get into the car. It should be obvious to the reader that the recollections of both men cannot be correct. Hill also told the Warren Commission that as Carroll handed him the gun, he asked Carroll if the gun belonged to him (ibid, page 54). But this is absurd, for what possible reason would Hill have for believing that Carroll would pull out his own gun from his belt and hand it over to him following Oswald's arrest? It is also worth bearing in mind that in his memorandum to DPD Captain W.P. Gannaway on the day of the assassination, Carroll wrote that after he grabbed the gun he "...kept in my possession until I later released it to Jerry Hill," and made no mention of giving it to him inside the car (Dallas Municipal archives, Box 4, Folder 2, Item 52). .

When Hill was interviewed by the FBI on June 11, 1964, he stated that "...at the time Oswald was seized in the Texas Theatre he was attempting to pull [his] gun from his clothing" (WCE 2011). As discussed in part 1 of this writer's review of With Malice, several officers such as Charles Walker and Thomas Hutson claimed that Oswald did pull out the gun. Hill also told the FBI that "[Oswald's] gun was seized by B.K. Carroll and M.N. McDonald in Hill's presence and was wrenched away from Oswald and handed to Sergeant Hill" (ibid). Although Hill's remark doesn't necessarily contradict his initial claim that Carroll handed him the gun inside the car, in this writer's opinion, his remark nevertheless implies that he was given the gun whilst he was still inside the Theater.

When Hill was interviewed by Eddie Barker of CBS television in the year 1967, he explained to Barker the events which allegedly transpired inside the Theater with regards to Oswald's arrest. Hill told Barker that "...as soon as we got the handcuffs on [Oswald] and got him up, [Bob] Carroll was going to be the first man that maneuvered with him, and - and had both hands on Oswald inside the theatre - and was gonna have to have both hands on him, so he handed me the revolver which I struck in my belt, and it made the trip in that position" (the transcript of Hill's interview with Barker can be read here). Further on during the interview, Hill explained that "...as we got [Oswald] handcuffed, and got him to his feet, and started to move with him, Detective Carroll, Bob Carroll, who's one - gonna be one of the officers that made the first wing of the point - and was gonna have to move out before I'd do it, and as we started to move, he turned around and handed me this snub-nosed 38... [He] said this was the prisoner's gun. And I stuck it in my belt, under my coat. And then I put my hands on Oswald, and we started out of the theatre."

Note this discrepancy: Hill's claim that Carroll handed him the revolver whilst they were still inside the Theater contradicts both Carroll's and Hill's initial claim that he was given the gun inside the car. During his interview with Jeff Meek in 1976, Hill avoided discussing how and when Carroll allegedly gave him the revolver. However, when Hill was interviewed by Larry Sneed, he claimed that Carroll had handed him the revolver as he got into the car; and verified that this was before they drove away from the front of the Theater (Sneed, No More Silence, page 298). If Hill had simply forgotten when Carroll had given him the revolver by the time Eddie Barker interviewed him in 1967, then it stands to reason that he would have stated he couldn't remember when it was given to him. The fact is that he never did.

Readers should also bear in mind that the idea that Hill had simply forgotten when he was given the revolver during his interview with Barker ignores the fact that officer Hawkins stated that it was Hill who had shouted out "I've got the gun" during the scuffle with Oswald, and also ignores the fact that his claim that Carroll had given him the gun inside the car before they drove away from the Theater was contradicted by Carroll. This writer should also point out that neither Hill nor Carroll provided an explanation as to why Carroll allegedly handed "Oswald's" gun to Hill in their reports to Chief Curry or when they testified before the Warren Commission. However, one possible explanation for why Carroll handed Hill the gun was because Hill was his superior, and because he was going to drive the car. The problem is that Carroll's own claim that he had given Hill the gun after he pulled away from in front of the Theater undermines the latter possibility.

The Plot Thickens

Let's now take into account the following contradictions between the statements of Hill and Carroll. Consider that in his report to Chief Curry, Hill wrote that after Carroll had handed him the gun; "He stated this was the suspect's gun and that he had obtained it from Officer McDonald immediately after the suspect was subdued" (Dallas Municipal archives, Box 2, Folder 7, Item 23). Although it is this writer's opinion that it is perfectly reasonable to believe that Carroll thought at the time that the gun he grabbed belonged to Oswald, Hill's claim that Carroll told him he had obtained it from McDonald immediately after Oswald was subdued was most certainly a lie. First of all, Carroll never wrote in his report to Chief Curry that he obtained the gun from McDonald; and as pointed out previously, Carroll wrote that he grabbed the gun and placed it into his belt; and then continued to assist in subduing Oswald (Dallas Municipal archives, Box 2, Folder 7, Item 12).

Secondly, when Carroll initially testified before the Warren Commission on April 3, 1964, he was asked if he knew who was holding onto the gun when he grabbed it. Carroll's response was; "I don't know, sir. I just saw the pistol pointing at me and I grabbed it and jerked it away from whoever had it and that's all, and by that time then the handcuffs were put on Oswald" (WC Volume VII, page 20). When Carroll was called back to testify on April 9, 1964, he was again asked if he knew who had the gun when it was pointed in his direction. Carroll remarked that he didn't (ibid, page 24). Many years later, during a filmed interview, Carroll proclaimed (in so many words) that the gun he grabbed inside the Theater was in Oswald's hand (click here to view the interview). But if this truly was the case, Carroll wouldn't have had any reason to lie to the Warren Commission. Therefore, he either misremembered or lied when he proclaimed during the filmed interview that it was Oswald who had the gun in his hand.

As for why Carroll didn't know who was holding onto the gun he grabbed, when Officer Thomas Alexander Hutson testified before the Warren Commission, he admitted that; "The lights were down. The lights were on in the theatre, but it was dark," and that "Visibility was poor" (WC Volume VII, pages 30 and 31). When Captain W.R. Westbrook testified before the Warren Commission, he stated that "...the lights were on very dim [inside the Theater]" (ibid, page 112). The aforementioned photograph showing Hill inside the Theater during Oswald's arrest confirms that the lighting inside the Theater was poor. In his report to Chief Curry, Hill also wrote that after he heard an Officer (undoubtedly McDonald) shout out "I've got him!," he "...ran inside the lower floor of the theater and saw several officers attempting to restrain [Oswald]," and that "Someone yelled that [Oswald] had a pistol and then as I joined the other officers in attempting to complete the arrest, I heard someone else say they had the gun" (Dallas Municipal archives, Box 2, Folder 7, Item 23).

Hill's remark implies that heard someone yell out that they had the gun before Oswald was subdued. He then wrote that along with Officers McDonald, Hutson, Hawkins, Walker, Carroll, K.E. Lyon, Paul Bentley, and FBI agent Robert M. Barrett, he had "...succeeded in subduing [Oswald]" and that "...while the other officers held [Oswald], Officer Ray Hawkins and I handcuffed [him]" (ibid). When Hill testified before the Warren Commission, he claimed that just before he got to where Oswald was, he heard somebody yell "Look out, he's got a gun," and that with the assistance of the aforementioned Officers, Oswald was subdued "...to the point where we had control of him and his legs pinned and his arms pinned... And Hawkins and I handcuffed him while the others held him" (WC Volume VII, page 50).

When Johnny Calvin Brewer, the shoe store manager who allegedly witnessed Oswald duck into the Theater without paying, testified before the Warren Commission on April 2, 1964, he claimed that he heard someone holler "He's got a gun" (ibid, page 6). Brewer explained that before he heard this, he had seen a gun "...come up and - in Oswald's hand, a gun up in the air" (ibid). But as discussed in part 1 of this writer's review of With Malice, this was most certainly a lie (see under the subheading VI: Closing in). Aside from Hill and Brewer, this writer knows of no other officer (or witness) who claimed that they heard someone yell out that Oswald had a gun. This writer is also unaware of any officer/witness who took credit for yelling out that Oswald had a gun. Whilst Brewer and Hill are not credible witnesses, it is nevertheless possible that one of the other officers or witnesses did yell out words to the effect "Look out, he's got a gun," for as this writer explains below, Oswald likely grabbed Officer McDonald's gun out of self-defence.

What's of particular significance is Hill's claim that as he joined the other officers involved in Oswald's arrest, he allegedly; and "coincidentally," heard someone say that they had "the gun." Apart from Hill, the only other two officers who could have shouted out that they had "the gun" were Nick McDonald and Bob Carroll; as they were the only two officers who wrote in their reports to Chief Curry (and then told the Warren Commission) that during the scuffle with Oswald inside the Theater, they had possession of "Oswald's" revolver. However, as far as this writer is concerned, neither one of them ever proclaimed that they shouted out that they had the gun. It is also important to bear in mind that Hill didn't identify either one of them as the officer who said they had the gun. On December 3, 1963, detective John B. Toney wrote his own report to Chief Curry on what he allegedly witnessed during the scuffle with Oswald inside the Theater. In his report, Toney explained that he heard one of the Officers state "I have the gun," but didn't identify who the Officer was (Dallas Municipal archives Box 2, Folder 7, Item 43).

Toney went on to explain that after he heard this, Oswald was subdued and then handcuffed (ibid). In his own report to Chief Curry on December 3, 1963 concerning Oswald's arrest, Captain W.R. Westbrook wrote that as he "...reached the row of seats where the arrest was in progress, several officers were struggling with [Oswald]. Detective Bob Carroll said that he had [Oswald's] gun. [Oswald] was overpowered and handcuffed" (ibid, Item 50). When Westbrook testified before the Warren Commission, he claimed that after he observed Oswald and McDonald fighting "I yelled about three or four times, 'Has somebody got his gun,' and finally some officer - I don't know which one it was - says, 'Yes, I have the gun'" (WC Volume VII, page 112). Whilst it is entirely conceivable that after grabbing the gun pointing in his direction, Bob Carroll yelled out that he had it, Westbrook's testimony doesn't necessarily contradict Officer Hawkins' claim that it was Hill who said that he had the gun. Although detective Toney's claim that heard one of the officers state that "I have the gun" is more consistent with Westbrook's claim than Hawkins' claim, it is entirely possible that Hawkins (or perhaps Toney) misremembered exactly what was said.

On a further note, although Westbrook testified that he didn't know who the officer was that stated "Yes, I have the gun," it is entirely possible he simply forgot that it was Bob Carroll. This writer should point out that several researchers, such as Ian Griggs, have argued that Westbrook may also have been involved in President Kennedy's assassination. If this was the case, then it stands to reason that he was also involved in framing Oswald for Tippit's murder; and may have lied in his report that Carroll stated that he had the gun in order to help conceal the fact that it was actually Hill who said he had the gun. What's intriguing is that Hill told the FBI that he had transferred to the personnel bureau of the DPD (which was under Westbrook's command) in October, 1963, the same month in which Oswald obtained his employment at the TSBD (WCD 4, page 308). Although this may be nothing more than a coincidence, it is nevertheless intriguing.

This writer should also point out that during his interview with Larry Sneed; Westbrook claimed that he had seen Bob Carroll "...reach out and grab [the gun]" (Sneed, No More Silence, page 315). However, since Westbrook made absolutely no mention of this in either his report concerning Oswald's arrest and when he testified before the Warren Commission, his latter claim to Sneed should be taken with a grain of salt. Although Westbrook's report implies that Oswald was subdued after Carroll said he had the gun, he may have misremembered exactly when Carroll said he had the gun. Suffice it to say, aside from Captain Westbrook, no other DPD officer wrote/indicated in their report to Chief Curry (or told the Warren Commission) that Carroll said he had the gun after he grabbed it.

Ironically enough, Hill's own claim in his report that Carroll told him he obtained the gun from McDonald immediately after Oswald was subdued, contradicts his claim that as he "...joined the officers in attempting to complete the arrest, I heard someone else say they had [Oswald's] gun," as this implies that Oswald was subdued after Hill allegedly heard someone say they had the gun. The reader should also bear in mind that during his interview with Bob Whitten shortly following Oswald's arrest, Hill remarked that after McDonald approached Oswald "...all seven of us got into a fight and finally got him subdued and handcuffed - disarmed then handcuffed" (WCD 1210, page 4).

The implication of Hill's remark is that Oswald was disarmed after he was subdued, and that since Carroll wrote in his report to Chief Curry that he continued to assist in subduing Oswald after he grabbed the gun, he couldn't have been the officer allegedly heard by Hill. In the report he wrote out for Chief Curry on the day of the assassination, Hill explained; "...after a struggle in which [Oswald] resisted violently he was disarmed and handcuffed," thus implying that Oswald disarmed after he was subdued (WCD 87, 196). Hill also remarked that Oswald was subdued, disarmed, and handcuffed (in that order) during a filmed interview with news reporters on the day of the assassination (this can be viewed here at about the 1 hour and 56 minute mark).

Let's now look into the possibility that McDonald may have yelled out that he had Oswald's gun, as Hill joined the scuffle. In an article written for the Associated Press on the day following the assassination, McDonald took sole credit for disarming Oswald (John Armstrong Baylor research collection, tab entitled: McDonald). McDonald also took sole credit for disarming Oswald in the report he wrote to Chief Curry on December 3, 1963 and when he testified before the Warren Commission on March 25, 1964 (Dallas Municipal archives, Box 2, Folder 7, Item 32.)It stands to reason that McDonald would have said that he had the gun as soon as he disarmed Oswald. Although McDonald implied in his report that he had disarmed Oswald after officers Charles Walker, Thomas Hutson, and Ray Hawkins joined him in the scuffle with Oswald, when he testified before the Warren Commission he claimed that; "By the time all three of these officers [Walker, Hutson, and Hawkins] had got there, I had gotten my right hand on the butt of [Oswald's] pistol and jerked it free [from his hand]" (ibid).

McDonald also claimed during his interview with Lloyd Shearer in 1964 that he had disarmed Oswald prior the time Hutson, Walker, and Hawkins and joined him in the scuffle with Oswald (see The Man Who Captured Lee Oswald by Lloyd Shearer). But contrary to McDonald's claim, Walker, Hutson, and Hawkins all wrote in their reports to Chief Curry (and then verified when they each testified before the Warren Commission) that they joined McDonald in the scuffle before Oswald was allegedly disarmed (Dallas Municipal archives, Box 2, Folder 7, Items 18, 25, and 47). As pointed out previously, Hill wrote in his report to chief Curry that he joined the officers (not officer) who were scuffling with Oswald, and indicated during his testimony before the Warren Commission that McDonald, Walker, Hutson, and Hawkins were scuffling with Oswald before he joined in the scuffle (ibid, page 52).

Although their accounts on when Hill joined them differ, both Hutson and Hawkins confirmed that it was after they (along with Officer Walker), had reached Oswald and McDonald as they were scuffling (ibid, pages 33 and 94). Therefore, if McDonald's claim that he disarmed Oswald before Walker, Hutson, and Hawkins reached them is correct, and if Hill was being truthful when he wrote in his report that he heard "someone" say they had "Oswald's" gun as he joined the scuffle, then McDonald couldn't have been the Officer whom he allegedly heard make this claim. Furthermore, despite the fact that McDonald took sole credit for disarming Oswald; after which he allegedly handed the revolver to detective Bob Carroll, Officer Walker told the Warren Commission that as Oswald still had the gun in his hand "...a detective, I don't recall who it was, there were so many [officers] around by that time, the area was bursting with Policemen, and it appeared to me that he reached over and pulled the gun away from everybody, pulled it away from everyone, best I can recall" (ibid, page 40).

The reader should also consider that according to Officer Hutson; "The gun was taken from [Oswald's] hand by Officer McDonald and somebody else. I couldn't say exactly" (ibid, page 32). However, in his December 3, 1963, report to Chief Curry, Hutson wrote that McDonald had disarmed Oswald, and didn't give credit to any other officer for disarming Oswald (Dallas Municipal archives, Box 2, Folder 7, Item 25). As this writer has pointed out above, detective Carroll claimed that as he was standing in the south aisle of the Theater, he observed a gun pointing in his direction and grabbed it from whoever had it; and that Officer Hawkins testified that the gun was pulled across towards the south aisle of the Theater, as Oswald was allegedly holding it in his hand. On the contrary, Hutson testified that the gun was pointing towards the screen of the Theater, which was to the east (ibid). Similarly, Walker testified that the gun was "...pointed slightly toward the screen, what I call" (ibid, page 39).

Dallas Deputy Sheriff Buddy Walthers; who allegedly witnessed Oswald's arrest inside the Theater, wrote in his report to Sheriff Bill Decker on the day of the assassination that he "...saw Officer Carroll of the Dallas Police Department standing on the other side of the melee of people and I could see a gun on the floor with 2 or 3 hands on it and I reached into this melee and pulled up on the people and I believe it was Officer Carroll who reached down and got this gun. I am not positive it was Officer Carroll, but I believe it was, however, there was such a swarm of officers at this time, it was hard to determine" (WC Volume XIX, Decker Exhibit No. 5323). Although Walthers verified during his Warren Commission testimony that he thought it was Carroll who got the gun "away from the hands," he omitted that the gun was on the floor when Carroll allegedly reached and grabbed it (WC Volume VII, page 548). However, former Dallas deputy Sheriff Bill Courson told Larry Sneed that Walthers arrived at the Theater after Oswald was arrested (Sneed, No More Silence, page 486).

On a similar note, former Dallas deputy Sheriff Roger Craig wrote in his manuscript When They Kill a President that Walthers didn't enter the Theater. On the day of the assassination, FBI agent Robert M. Barrett also wrote a report on what he allegedly witnessed inside the Theater. According to Barrett; "One of the officers took a .38 caliber snub-nose revolver out of Oswald's right hand and handed it to Detective [Bob] Carroll" (WCD 5, page 85). Further on in his report, Barrett wrote that "Later at Police headquarters... I was told by Officer McDonald that when he first approached Oswald, [he] attempted to pull the weapon from his shirt, at which time McDonald grabbed the gun with both of his hands. McDonald stated that Oswald did pull the trigger once, but that the gun did not fire" (ibid). Whilst Barrett's account tends to corroborate McDonald's claim that he disarmed Oswald, the reader should nevertheless bear in mind that nowhere in his report did Barrett state that he actually observed McDonald disarm Oswald and then hand the gun to Bob Carroll; or that he heard either one of them say that they had "Oswald's" gun.

If the recollections of Officer Walker and deputy Sheriff Buddy Walthers are to be believed, then McDonald didn't disarm Oswald as he claimed; and therefore, he couldn't have said that he had Oswald's gun. If officer Hutson's recollection is to be believed, then McDonald didn't disarm Oswald on his own. Officer Hawkins' recollection is also at odds with McDonald's; as Hawkins claimed that Oswald had the gun in his hand when it was "pulled across" towards the south aisle of the Theater, whereas McDonald told the associated press on the day following the assassination that he "...got the pistol out of [Oswald's] hand and another officer, Bob Carroll, reached me and took the pistol from me" (John Armstrong Baylor research collection, tab entitled: McDonald). However, in his report to Chief Curry, McDonald wrote that he "...brought the pistol away still holding the butt and pointing it to the floor at [arm's] length away from anyone... I recognized Officer Bob Carroll and handed the pistol to him" (Dallas Municipal archives, Box 2, Folder 7, Item 32). When McDonald testified before the Warren Commission, he confirmed that he had given the gun to Carroll (WC Volume III, pages 300 and 301).

As discussed previously in part 1 of this writer's review of With Malice, during a filmed interview with WFAA-TV on the day following the assassination, McDonald claimed that after he approached Oswald and ordered him to stand up, Oswald said "This is it." Such a remark implies that Oswald realized he was caught and was allegedly surrendering himself. But in his report to Chief Curry (and during his testimony before the Warren Commission), McDonald claimed that Oswald said "Well, it's all over now" after he approached him and ordered him to stand up (see the subheading entitled VI: Closing in in part 1 of this writer's review of With Malice). As the two expressions sound nothing alike, it is apparent that McDonald was fabricating. With that in mind, his claim that he had removed WCE 143 from Oswald's hand should be taken with a grain of salt. Although, as pointed out above, FBI agent Bob Barrett wrote in his report that "someone" took what he described as being WCE 143 out of Oswald's hand, he also wrote that he heard Oswald yell in a loud voice "Kill all the sons of bitches" (WCD 5, page 84).

But as also discussed in part 1 of this writer's review of With Malice, there is absolutely no corroboration for Barrett's claim that Oswald said this by any of the officers who either participated in or witnessed Oswald's arrest, or by anyone else who witnessed Oswald's arrest. It is therefore apparent that Barrett was involved in incriminating Oswald for Tippit's murder, and therefore, his claim that someone had taken WCE 143 out of Oswald's hand is not to be believed. Suffice it to say, there is no credible evidence that McDonald disarmed Oswald and then said that he had the gun, or that after Bob Carroll grabbed the gun which was pointing in his direction, he (Carroll) said that he had the gun. It is therefore apparent to this writer that Hill wrote in his report to Chief Curry that he heard someone say that they had the gun as he joined the rest of the officers in the scuffle with Oswald, to try and conceal the fact that he was the officer who said that he had the gun!

Should the above not be sufficient to convince the reader that Carroll didn't give WCE 143 to Hill after Oswald was arrested, then the reader should also consider the following evidence. In his report to Chief Curry, Hill wrote that; "I retained [the] gun in my possession until approximately 3:15 pm, Friday, November 22, 1963, when in the presence of Officers Carroll and McDonald, I turned [it] over to Detective T.L. Baker of the Homicide and Robbery bureau" (Dallas Municipal archives Box 2, Folder 7, Item 23). But when Carroll testified before the Warren Commission on April 3, 1963, he remarked that he didn't recall "...seeing the gun or the bullets turned over to anyone by Hill" (WC Volume VII, page 23). When Carroll was called back to testify before the Warren Commission on April 9, 1963, he informed Counsel David Belin that he placed the initials B.C. on the inside of the butt of WCE 143 when he was inside the personnel office of the DPD with Hill on the day of the assassination (ibid, page 25).

However, the reader should bear in mind that not only did Carroll fail to mention that he marked the gun during his initial testimony on April 3, 1963, and in his report to chief Curry, but he also failed to mention that he marked the gun in the memorandum which he wrote to Captain W.P. Gannaway on the day of the assassination! (Dallas Municipal archives, Box 4, Folder 2, Item 52). Whilst this doesn't necessarily mean that Carroll didn't mark the gun on the day of the assassination, the lack of mention by Carroll in his memorandum to Captain Gannaway and in his report to Chief Curry that he marked it, nevertheless raises doubt that he did. The reader should also bear in mind that when Officer Ray Hawkins was asked if he observed McDonald mark the gun after he went to the DPD personnel bureau, Hawkins remarked; "Yes, sir; McDonald, and I believe Sergeant Hill marked it or possibly Bob Carroll. There were, I believe, two people who marked it" (WC Volume VII, page 95).

Hawkins' belief that Carroll may have marked the gun was probably due to the fact that he thought he "...read an account of where Bob Carroll may have had the gun..." (ibid, page 94). The important point to keep in mind is that he never testified that he had seen Carroll mark the gun. During his testimony before the Warren Commission, Captain Westbrook claimed that after the gun was brought into his Office; "It was marked by Officer Jerry Hill and a couple or three more..." (ibid, page 118). It is apparent that Westbrook seemed confused as to how many Officers had marked the gun, and never once mentioned that Carroll was one of the Officers. In assessing his credibility, it is also perhaps worth considering that despite seeing the light gray zipper jacket (which Tippit's killer discarded) laying on the ground in the parking lot behind the Texaco service station on Jefferson Blvd., Westbrook testified that he was "guessing" as to exactly where the jacket was found (ibid, page 117).

When did Carroll mark the gun?

As for the other officers who were involved in or witnessed Oswald's arrest, none of them mentioned in their reports to Chief Curry that they had seen Carroll mark the gun on the day of the assassination (Dallas Municipal archives, Box 2, Folder 7). In fact, detectives Paul Bentley, K.E. Lyon, John Toney, E.E. Taylor, Marvin Buhk, Sgt. Henry Stringer, Lt. Elmo Cunningham, Officer E.R. Baggett and others, were never called to testify before the Warren Commission. Although Bentley, Toney, Cunningham, and Captain Westbrook were interviewed by Larry Sneed, none of them mentioned seeing Carroll mark the gun. Though, in his report to Chief Curry on December 3, 1963, detective Bentley remarked that he (Bentley) had "initialled" the gun. Suffice it to say, the evidence discussed previously indicates that Bob Carroll did not have possession of WCE 143 inside the Theater. It is this writer's belief that Hill (or perhaps even Captain Westbrook) coerced Carroll into claiming that he grabbed WCE 143 during the scuffle with Oswald inside the Theater, and that he then turned it over to Hill inside the car.

Still, the Officer identified by Dale Myers as Bob Carroll was photographed outside the Theater holding onto what appears to be a revolver in his right hand. As discussed previously, by Carroll's own claim that he allegedly placed WCE 143 inside his belt before he exited the Theater, the gun he was holding was not WCE 143. But then whose gun was it? Whilst this writer thought that the gun may have been his own, during his aforementioned filmed interview, Carroll stated that after he allegedly got the gun out of Oswald's hand and placed it into his belt, he then placed his own gun into his holster, after he which he "popped [Oswald] one upside his head". Although Carroll didn't specifically mention that he had placed his own gun into his holster whilst he was still inside the Theater; the very next thing he mentioned after placing "Oswald's" gun into his belt was that he had placed his own gun into his holster. Besides, with Oswald subdued, handcuffed, and then escorted outside the Theater by his fellow Officers, there would have been no need for Carroll to be holding his own gun outside the Theater.

In this writer's opinion, the gun Carroll was holding outside the Theater most likely belonged to Officer McDonald. If Oswald was framed for Tippit's murder, then there can be no doubt that he was lured to the Texas Theater. As discussed in part 1 of this writer's review of With Malice, by all likelihood, Oswald thought that he was to make contact with someone inside the Theater (see under the subheading VI: Closing in). Consider that if Hill framed Oswald, there can be little doubt that Oswald was provoked into starting a fight with the Officer(s) who approached him inside the Theater; to enable Hill to join the scuffle and then pretend that he had taken the gun used to kill Tippit from Oswald's person. The reader should keep in mind that McDonald told the associated press on the day following the assassination that Oswald "...hit me a pretty good one in the face with his fist" (John Armstrong Baylor research collection, tab entitled: McDonald). Although the accounts by the DPD Officers and witnesses inside the Theater concerning which fist Oswald used to punch McDonald in the face differ, there can be little doubt that Oswald did punch him.

Since McDonald was the first Officer to approach Oswald inside the Theater, the reader should consider the possibility that it may have been McDonald's role to provoke Oswald into a fight! Although this writer cannot offer a definitive explanation as to how McDonald might have provoked Oswald, he may have pressed his own gun against him in order to intimidate him into thinking that he was going shoot him, and that out of self-defence, Oswald punched him in the face. It is this writer's belief that after stunning McDonald with his punch, Oswald grabbed McDonald's gun and aimed it away from him towards the south aisle of the Theater. For reasons discussed in part 1 of this writer's review of With Malice, there can be little doubt that Ray Hawkins lied when he told the Warren Commission that Johnny Calvin Brewer pointed out Oswald to him inside the Theater (see under the subheading VI: Closing in). Nevertheless, his claim that the gun was "pulled across...toward the south aisle of the theatre" is consistent with Bob Carroll's claim that he had seen a gun pointing his direction, as he was standing in the south aisle of Theater (WC Volume VII, pages 20, 24, and 94).

As this writer has pointed out previously, Hawkins wrote in his report to Chief Curry that Oswald "...had reached in his belt for a gun" and then told the Warren Commission that the gun "came out of Oswald's belt." However, he may have only stated this after being told by McDonald (and his fellow Officers) that Oswald had pulled the revolver out of his belt. On the other hand, like his fellow Officers, it's possible that Hawkins was lying in order to implicate Oswald. Although Hawkins told the Warren Commission that he had seen WCE 143 at the personnel bureau of the DPD following Oswald's arrest, it is entirely possible that due to the poor lighting conditions inside the Theater at the time of Oswald's arrest (as discussed above) he was unable to see exactly what it looked like at the time (WC Volume VII, page 95). This writer should also point out that McDonald confirmed Hawkins' claim that McDonald and Oswald had fallen down into the seats after they started fighting in his report to Chief Curry and when he testified before the Warren Commission (WC Volume III, page 300).

In assessing whether or not McDonald was involved in provoking Oswald into a fight as part of the frame-up (and whether or not Oswald had grabbed McDonald's gun after assaulting him), we should also take the following into account. In his article for the associated press on the day following the assassination, McDonald wrote that after Oswald was allegedly pointed out to him by a man sitting near the front row of the Theater, he spoke to two people sitting in about the middle row of seats, and that he was "crouching low" and holding his gun "in case any trouble came" as he allegedly wanted to be ready for it as he approached Oswald (John Armstrong Baylor research collection, tab entitled: McDonald). Curiously, McDonald made no mention of holding onto his gun as he approached Oswald in his report to Chief Curry, or when he testified before the Warren Commission. During a filmed interview with Eddie Barker of CBS in which he demonstrated to Barker how he allegedly disarmed Oswald, McDonald was asked if he had his gun drawn as he was inside the Theater. McDonald's response was; "No I didn't" (click here to view the footage).

McDonald also neglected to mention holding onto his gun during his interview with researcher Jeff Meek. In his own book Oswald And I, McDonald wrote that his gun remained strapped inside his holster as he started walking towards Oswald (McDonald, Oswald And I, Chapter 10). If McDonald did in fact use his gun to provoke Oswald into a fight; and if this was the gun which Bob Carroll removed from Oswald's hand, then McDonald's reluctance to mention holding onto it as he approached Oswald in his report, when he testified before the Warren Commission, during his subsequent interviews, and why he then wrote in his own book that his gun remained strapped inside his holster as he approached Oswald is understandable. It is also intriguing that Officer Hawkins told the Warren Commission that after McDonald had approached Oswald, he heard McDonald say "...I've got him,' or 'This is it,' or words to that effect" (WC Volume VII, page 93). When asked if he heard Oswald say anything, Hawkins response was "Not at that time; no, sir; I did not" (ibid).

As mentioned previously, when McDonald was interviewed by WFAA-TV on the day following the assassination, he claimed that Oswald said "This is it" after he approached him, only to claim later on that Oswald actually said "Well, it's all over now". We should keep in mind that if McDonald was involved in framing Oswald for the murder of one of his fellow Officers, he undoubtedly would have been feeling nervous, and would have been under quite a bit of stress. With that in mind, could McDonald have inadvertently said "This is it" to Oswald after he approached him, only to claim that it was in fact Oswald who said "This is it" to him out of fear that one or more of his fellow Officers (and witnesses) heard him say this to Oswald?

Although this writer believes that this is certainly possible, there is a complete lack of corroboration for Hawkins' belief that it was McDonald who said "This is it" (or words to that effect) after he approached Oswald from any of his fellow Officers and witnesses. However, as pointed out below, there is reason to believe that Hawkins was slightly more honest than his fellow Officers. We should also consider the possibility that perhaps McDonald told Hawkins sometime following Oswald's arrest that he heard Oswald say "This is it" to him, and that Hawkins was simply confused as to whom he allegedly heard say this (though this writer doubts this possibility). Furthermore, given all of the evidence discussed in this essay, there is good reason to believe that Hill coerced McDonald into claiming that Oswald said "This is it" to him after he approached him. Consider that during his interview with Bob Whitten of KCRA radio on the day of the assassination, Hill told Whitten that "...just as McDonald got to [Oswald] he jumped up and yelled 'This is it'" (WCD 1210, page 4).

Hill also claimed that Oswald said "This is it" in the report he wrote to Chief Curry on the day of the assassination (WCD 87, page 196). However, in the report, Hill wrote that Oswald said "This is it" before he got up out of his seat (ibid). When Hill testified before the Warren Commission, he was asked if he heard Oswald "...make any statement of any kind", to which he responded "Not any distinguishable statement that I can specifically recall" and that "Later in the course of trying to piece this thing together for a report, I believe it was McDonald and [Thomas] Hutson that stated, and we put it in the report that way, that the suspect yelled, 'This is it'" (WC Volume VII, page 51). But contrary to Hill's claim that Hutson may have told him that Oswald said "This is it", Hutson made no such claim in his report to Chief Curry, and told the Warren Commission that he didn't remember anybody say anything (ibid, page 32), (Dallas Municipal archives, Box 2, Folder 7, Item 25).

Whilst one might think that Hill had misremembered that Hutson told him that Oswald said "This is it", when we take into account all of the demonstrable lies told by Hill; and all of the evidence which indicates that he framed Oswald, it should be apparent that Hill was also lying when he claimed that he thought Hutson said Oswald yelled "This is it." Still, it is intriguing that Hill claimed that he thought Hutson stated that Oswald said "This is it." It is also intriguing that Hutson told the Warren Commission that after Oswald was disarmed "...Sgt. Jerry Hill came up and assisted as we were handcuffing [Oswald]" (WC Volume VII, page 33). This raises the possibility that Hutson himself may have been involved in framing Oswald. Should one believe that Hutson stated this because the DPD knew that Hill was complicit in framing Oswald, and had coerced Hutson into stating that Hill "came up" after Oswald was disarmed, then there can be no doubt that Officer Hawkins would also have been coerced into concealing Hill's complicity, and that it is highly unlikely that he would claim that it was Hill who said "I've got the gun."

Whilst there is absolutely no solid evidence that McDonald was involved in framing Oswald, we should also keep the following in mind. Towards the end of his telephone interview with Hill in the year 1976, Jeff Meek asked Hill if McDonald was still working for the DPD. Hill tried to discourage Meek from interviewing McDonald by telling him that McDonald "...likes to get paid to discuss the thing, I think." We should also keep in mind that McDonald's wife, Sally, who was also interviewed by Lloyd Shearer, claimed that after she had heard that a DPD Officer was shot near the Oak Cliff area of Dallas, she spoke to McDonald on the phone. After McDonald told her that he was okay, she apparently wanted to speak to another officer to ensure that this was the case. The officer to whom McDonald handed the phone was Hill. This was verified by McDonald in his own book (McDonald, Oswald And I, Chapter 11). Whilst this doesn't prove in any way that McDonald was involved with Hill in framing Oswald, it nevertheless seems that McDonald was relying on Hill for what he might say following Oswald's arrest.

But regardless of whether or not McDonald was involved with Hill in framing Oswald, Hill (or perhaps Captain Westbrook) had likely coerced McDonald into claiming that after he allegedly disarmed Oswald; he had given "Oswald's" gun to Bob Carroll. Returning now to the question of whether the gun Carroll was photographed holding outside the Theater was in fact McDonald's, a photograph of McDonald's gun shows that it had a silver color; and it is described as being chrome-plated (click here to view a photograph of the gun). On a further note, the barrel of McDonald's gun was described as being four inches in length. The photograph taken by Stuart L. Reed of Carroll holding the gun in his right hand (which can be viewed here at Robin Unger's excellent website) shows that it also had a silver color. In his blog post entitled The Tippit Murder: Why Conspiracy Theorists Can't Tell the Truth about the Rosetta Stone of the Case Against Lee Harvey Oswald, Dale Myers has posted a copy of the aforementioned photograph, which shows that the gun had a darker color than the one posted at Unger's website.

As explained previously, Myers misled the readers of his book by telling them that Carroll was holding onto WCE 143; without once mentioning that Carroll actually claimed that he stuck the gun into his belt prior to leaving the Theater. Myers is also well known for his confabulations concerning the ludicrous single bullet theory (see here for example). In light of those (proven) confabulations, it is possible that Myers tampered with the photograph to make the gun look more like WCE 143. Researcher Stan Dane, from Greg Parker's research forum, was kind enough to provide this writer with a blow up of Carroll holding onto the gun (see below). Dane told this writer that Carroll may have been holding the gun by the barrel. Although this is an intriguing possibility, it nevertheless appears to this writer as though Carroll was actually holding the gun by its handle; with the barrel pointing to the ground. The reader will have to judge for him/herself.

Although it appears to this writer as though the barrel of the gun Carroll was holding onto is longer than the barrel of McDonald's gun, they nevertheless appear to have the same color. Besides, for all of the reasons discussed previously, the gun most likely was McDonald's. Should the reader still doubt that Carroll was a liar who would lie about giving WCE 143 to Hill, then consider that when Carroll testified before the Warren Commission, he was asked if had seen someone with their arm underneath Oswald's chin, tilting his head back in order to close his mouth. Carroll remarked that he didn't remember seeing this, and that he was "...directly in front of Oswald, and I say 'directly' - just almost right in front of him and there were two people, I know, one [on] each side of him had him by his arms, but I did not see anyone holding his mouth or trying to keep his mouth shut" (WC Volume VII, pages 20 and 21).

But this was a lie, as the aforementioned photograph of Carroll holding onto the gun shows him standing behind Oswald, and looking directly at him as the officers escorting him are covering his mouth using Officer Charles Walker's hat; with detective Paul Bentley holding Oswald beneath his chin with his left hand. In fact, the photograph shows no plain clothed Officers who were in front of Oswald (reporter Jim Ewell can be seen on the far right of the photograph looking in the direction of Oswald). As this writer has discussed previously, by all likelihood, Gerald Hill framed Oswald for the murder of Officer Tippit. It is this writer's belief that after learning that Carroll had grabbed McDonald's gun during the scuffle with Oswald, he saw this as an opportunity to try and conceal the fact that he pretended to have taken WCE 143 from Oswald by shouting out that he had the gun. Therefore, he coerced McDonald into claiming that after he disarmed Oswald, he gave "Oswald's" gun to Carroll, and that he also coerced Carroll into claiming that he had given "Oswald's" gun to him inside the car.

Although Officer Hawkins implied in both his report to Chief Curry and during his testimony before the Warren Commission that he had seen Hill grab the gun out of Oswald's hand, he never actually claimed that this was the case. Besides, if Hill actually had taken WCE 143 out of Oswald's hand after Oswald pulled it out of his belt; he would have had absolutely no reason to conceal this fact. It is therefore obvious that Hawkins didn't see Hill take a gun out of Oswald's hand, but probably assumed that he did since he heard him say, words to the effect; "I've got the gun." As for why he didn't see Carroll take the gun, this can probably be accounted for by the fact that he was busy trying to handcuff Oswald. It is also curious that Hawkins recalled hearing Hill say "I've got the gun" as opposed to "I've got his gun." Although detective Toney's recollection differed slightly, he also recalled hearing someone say "the gun," as opposed to "his gun." The reader should also keep in mind that according to the transcripts of the DPD radio recordings, after Hill reported over the radio that they had the suspect, he then stated that they had "...him and the gun" (WCE 705/1974).

Although this doesn't prove anything, it nevertheless suggests that Hill knew that the gun wasn't Oswald's when he said that he had it. Whilst some might believe that it was McDonald who had WCE 143 with him when he went to the Theater and then tried to plant it on Oswald, such a belief ignores all of the evidence discussed above that Carroll had taken a different gun out of Oswald's hand during the scuffle. On a further note, although some might argue that Hill really did remove WCE 143 from Oswald during the scuffle, only to coerce McDonald into claiming that Oswald had pulled the gun out and attempted to shoot him (after which he gave the gun to Carroll) as part of the DPD's ploy to portray Oswald as a guilty man, such a belief ignores the likelihood that he picked up Tippit's killer from the rooming house at 1026 North Beckley using DPD squad car 207, and other incriminating evidence.

One must also ignore all of the evidence that a mock-up wallet containing identification for Oswald and his alleged alias, Alek James Hidell, was left in the vicinity of the Tippit murder scene to incriminate Oswald as part of the frame up (see part 2 of this writer's review of With Malice, under the subheading IX: Hints and allegations). Most researchers are probably aware of the allegation that Oswald allegedly tried to shoot McDonald inside the Theater with WCE 143 after he allegedly shot Tippit. Hill, McDonald, Carroll, and Hawkins told the Warren Commission that they observed what appeared to be a nick/indentation on the primer of one the bullets, which was allegedly caused by the firing pin of the revolver (WC Volume III, page 301), (WC Volume VII, pages 23, 55, and 96), Hill also wrote in his report to Chief Curry that one of the bullets had what he referred to as "a hammer mark on the primer" (Dallas Municipal archives, Box 2, Folder 7, Item 23). Officers Walker and Hutson indicated in their reports to Chief Curry that they heard the revolver misfire, and verified this when they testified before the Warren Commission (ibid, Items 25 and 47), (WC Volume VII, pages 32 and 39).

Theater patrons John Gibson and George Applin jr. also told the Warren Commission that they heard the gun misfire (ibid, pages 72 and 89). On the other hand, Officer Ray Hawkins told the Warren Commission; "I heard something that I thought was a snap. I didn't know whether it was a snap of a pistol - I later learned that they were sure it was. I didn't know whether it was a snap of the gun or whether it was in the seats someone making the noise" (ibid, page 94). Hawkins' apparent belief that the snapping sound may have been from the seats is supported by Johnny Brewer, who told the Warren Commission that he "heard a seat pop up" before Oswald was arrested (ibid, page 5). According to FBI agent Cortlandt Cunningham, the indentation on the bullet could not have been produced by the firing pin of WCE 143. Cunningham told the Warren Commission that; "There was no indication, from an examination, that the nick had been so caused by a firing pin. First of all, it is in the wrong position, it is not in the center of the primer. And, also, a microscopic examination of that nick gave no indication that it was made by a firing pin" (WC Volume III, page 460).

Given Cunningham's findings, the indentation was probably placed on the primer of the bullet by the DPD. Could Hill have placed it there? Although Hill claimed that he didn't hear the so-called misfiring of the gun, he told the Warren Commission that about the time they got Oswald subdued and handcuffed, Officer Hutson asked him if he heard "the gun click" (WC Volume VII, page 52). Therefore, by Hill's own admission, he knew that Hutson thought he heard the gun misfire. When Hill was interviewed by Bob Whitten at about 2:30 pm on the day of the assassination, he claimed that "Oswald's" gun had been turned over to Captain Fritz (WCD 1210, page 4). But as also pointed out above, Hill wrote in his report to Chief Curry that he gave the revolver to Lieutenant T.L. Baker at approximately 3:15 pm. If Hill's latter claim is to be believed, and if Dale Myers claim that Hill's interview with Whitten took place at about 2:30 pm is accurate, then Hill lied to Whitten. The reason for his lie may have been due to the fact that he was about to place the indentation on the bullet!

Readers should also keep in mind that during an interview with news reporters on the day of the assassination, Hill began complaining that Oswald "...wouldn't even admit that he pulled the trigger on the gun in the theatre" following his arrest (WCE 2160). During his interview with Bob Whitten, Hill remarked that "[Oswald], I understand, has resorted to violence before and possibly shot another policeman somewhere" (WCD 1210, page 5). It would seem that Hill was trying to reinforce the notion that Oswald had murdered Tippit. When the FBI questioned Hill about the aforementioned remark, he informed them that the basis for the statement was "...hearsay from an unrecalled source at the [DPD] during the interrogation of Lee Harvey Oswald by the [DPD] following his arrest on November 22, 1963" or that he may have heard from an "unrecalled" source at the DPD that "... Oswald may have been asked during his interrogation by the [DPD] if he ever shot another Police Officer" (FBI 105-82555 Oswald HQ File, section 197, pages 162 and 163).

Hill then assured the FBI that the above statement was "...strictly 'third hand' and he, of his own knowledge, had no basis for the statement" (ibid, page 163). When the FBI questioned Captain Fritz about Hill's remark, he informed them that he never heard about anyone mentioning this (ibid, page 164). Given all of the evidence pointing to Hill's complicity in framing Oswald, there is little doubt in this writer's mind that Hill was lying. The final piece of evidence against Hill which the reader should take into account is from film footage of his interview with news reporters following Oswald's arrest. One of the news reporters asked Hill if he thought Oswald was the same man who shot Officer Tippit. Hill smiles, looks down, and is momentarily at a loss for words (this can be viewed here at about the 59 minute 40 second mark). One can't help but wonder what he found so amusing about being asked whether he thought Oswald shot Tippit. Of course, if Hill knew that Oswald was innocent (because he framed him), then this would certainly explain his reaction! Evidently, Hill couldn't help himself.

Hill's possible motive

Although this writer can speculate as to what Hill's motive was for his involvement in the assassination, Tippit's murder, and for framing Oswald; Hill was probably the only person who could have stated with absolute certainty as to what it was. However, consider that during his interview with Bob Whitten, Hill remarked; "[Oswald] did admit in the interrogation a while ago that he was an active communist... he won't admit anything other than he was a communist..." (WCD 1210, page 5). According to the transcript of Hill's interview, he also allegedly stated "...and when we got down here and started to frisk him, the only thing [Oswald] said was 'When I told you I was a communist I told you everything I'm going to tell you,' or words to that effect..." (ibid). However, according to the actual recording of Hill's interview (which can be heard here), he stated; "...and when we got down here [Oswald] was talking to [Captain] Fritz and then the only thing he said is 'When I told you I was a communist I told you everything I'm going to tell you,' or words to that effect..."

When Hill testified before the Warren Commission, he stated that it was Captain Westbrook who told him that Oswald admitted to being a communist, and that "This is strictly hearsay. I did not hear this myself" (WC Volume VII, page 59). However, Westbrook never claimed in his report to Chief Curry or when he testified before the Warren Commission that Oswald admitted to being a Communist. As a matter of fact, during a filmed interview in New Orleans, Oswald declared that he wasn't a communist, even though he did declare that he was a Marxist (click here to listen to the interview). Readers should also consider that none of the DPD Officers, FBI agents, USSS agents, including U.S. Postal inspector Harry Holmes (who were involved in interrogating Oswald following his arrest), ever claimed in their reports concerning the interrogations (or when they testified before the Warren Commission) that Oswald admitted to being a communist. In fact, Captain Will Fritz, Postal inspector Harry Holmes, and USSS inspector Thomas Kelly all claimed that Oswald admitted to being a Marxist when he was interrogated, but made no mention of Oswald admitting to being a Communist (Warren Report, Appendix XI, WC Volume IV, page 228, WC Volume VII, page 298).

It is therefore apparent to this writer that Hill was lying when he claimed that Oswald admitted to being a communist; and that he was eager to portray Oswald as being one. Many researchers of the assassination (including this writer) believe that President Kennedy was killed because those with extreme right wing political beliefs considered him a threat to the anti-Communist beliefs of the United States. Hill's eagerness to portray Oswald as a communist suggests that he also held extreme right wing political beliefs, and that this may have been his motive for his involvement in the assassination; and for framing Oswald for Tippit's murder. It is also this writer's belief that certain individuals connected to U.S. intelligence agencies (such as the CIA) were involved in the assassination. Unfortunately, this writer has been unable determine whether Hill was connected to any of these intelligence agencies.

In conclusion, this writer does not believe for even a nanosecond to have proven that Gerald Hill was guilty of framing Lee Harvey Oswald for the murder of Officer J.D. Tippit. However, it is nevertheless this writer's belief that the evidence discussed throughout this essay demonstrates that this was the case. Still, there are many questions regarding Hill's complicity. Such as why he identified the spent shell casings discarded by Tippit's killer as being from an automatic weapon if he framed Oswald with the revolver (these issues are discussed here on this writer's blog). This writer also explains that contrary to the belief of many conspiracy advocates, WCE 143 was the gun used to kill Tippit. Furthermore, in a follow up essay, this writer will make the case that Crafard was Tippit's killer, and that he was arrested in the balcony of the Texas Theater and taken out through the rear of the Theater, where he was then placed into a DPD jail cell. But even if the reader doesn't agree with this writer's contention that Crafard killed Tippit, and that Hill framed Oswald inside the Theater, this writer nevertheless hopes that the reader will maintain an open mind.

Acknowledgements

I would like to thank researchers Greg Parker, Lee Farley, Jim DiEugenio, and Stan Dane for all the help and support they have given me. I especially would like to thank researcher Steven Duffy for generously providing me with information contained in Judy Bonner's book Investigation of a Homicide, information contained in former DPD Officer Nick McDonald's book, Oswald And I, and with information contained in Richard Trask's book, Pictures of the Pain. As both Bonner's and McDonald's books are very rare to obtain, I owe a huge debt of gratitude to Steven for all of his help.

Click here to read through the writer's response to questions, feedback, and criticisms concerning the essay. The reader may also be interested in reading through this writer's essay on former DPD Captain, William Ralph Westbrook here

Last modified on Saturday, 29 October 2016 14:12
Gokay Hasan Yusuf

Gokay Hasan Yusuf lives in Melbourne, Australia, and has been researching the JFK assassination since early 2009.

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