Thursday, 3 January 2013

The Tippit murder: The witnesses - Part 2



A continuation of our look into the reliability of the witnesses who identified Oswald as Tippit’s killer.

Ted Callaway and Sam Guinyard

At the time Officer Tippit was shot and killed, Ted Callaway and Sam Guinyard were both working at the Harris bros auto sales used car lot, located on the north east corner of the Jefferson Blvd and Patton Street intersection. Both men allegedly witnessed the killer run down south on Patton Street, and then turn West onto Jefferson Blvd. Like the Davis sister-in-laws, both men were standing near each other when they observed the killer - and like the Davis sister-in-laws, contradicted each other’s observations/recollections.

Let me note that both men viewed a line-up of Oswald together, at approximately 6:30 pm on the day of the assassination, and both of them identified Oswald as the killer. However, there are many reasons to be sceptical about the reliability of their identifications. First of all, consider the fact that during his Warren Commission testimony, Callaway claimed the killer was on the West side of Patton Street when he saw him – whereas Guinyard claimed during his testimony that the killer was on the East side when he saw him!

From Callaway’s testimony:

Mr. Ball
Coming up the sidewalk on which side of Patton?

Mr. Callaway
West side of Patton.

Further on during his testimony:

Mr. Dulles
He was going south on Patton?

Mr. Callaway
On the west side of the street.

From the testimony of Sam Guinyard:

Mr. Ball
Now, where was Oswald when he passed you going south toward Jefferson?

Mr. Guinyard
Well, he was between the alley and the driveway coming off Patton.

Mr. Ball
And he was across the Street from you, wasn't he?

Mr. Guinyard
No; he was on this side of the street.

Mr. Ball
You were on the east side of the street?

Mr. Guinyard
Yes, sir; and he was too--he was on the east side of the street until he got across our driveway and then he got onto the west side.

Mr. Ball
How close was he to you when you saw him?

Mr. Guinyard
I guess he was about 10 feet from me---maybe.

To describe this as being truly bizarre would be an understatement. How in God’s name could two witnesses - who allegedly witnessed the killer going down the street at the same time, contradict each other on which side of the street the killer was on? In fact, Guinyard claimed he was a mere 10 feet (3m) from the killer when he saw him! Also, be sure to check out this video clip where Callaway explains seeing the man across the street (the west side) during an interview with CBS. 

Secondly, consider the fact that Callaway claimed in his affidavit to the DPD (here) and during his testimony that he had called out to the man after he saw him. The following is from Callaway’s testimony.  

Mr. Ball
And did you say anything to him?

Mr. Callaway
Yes.

Mr. Ball
What did you say?

Mr. Callaway
I hollered "Hey, man, what the hell is going on?" When he was right along here.

Further on during his testimony:

Mr. Ball
What did he do when you hollered at him?

Mr. Callaway
He slowed his pace, almost halted for a minute. And he said something to me, which I could not understand. And then kind of shrugged his shoulders, and kept on going.

Now, as far as Callaway’s claim is concerned, Guinyard made absolutely no mention of Callaway calling out to the killer, let alone seeing the killer turn towards them and speak, in either his affidavit to the DPD (here), or during his testimony! In fact, Guinyard made the following claim concerning Callaway.

Mr. Guinyard
Mr. Callaway followed him, you see, we was together--he was my boss at that time and he followed him.

Mr. Ball
Callaway?

Mr. Guinyard
Yes; trying to see which way was he going.

Mr. Ball
And then, which way did he go after he got to Jefferson?

Mr. Guinyard
He went west on Jefferson--on the right-hand side---going west.

Mr. Ball
And what did Callaway do?

Mr. Guinyard
He turned around and run back to the street and we helped load the policeman in the ambulance.

Although Guinyard’s explanation is somewhat ambiguous, he seems to be implying that Callaway followed the killer on foot after he passed their location. The problem is that Callaway made absolutely no mention of following him on foot – despite having claimed he hollered at him, and saw him look towards him and speak to him. As a matter of fact, Callaway went searching for the killer with cab driver William Scoggins, in Scoggins’ cab.

Furthermore, Callaway actually claimed he told a man named B.D Searcy (who also worked at Harris bros auto sales) to follow the killer, but Searcy refused. It’s also important to keep in mind that when Joseph Ball asked Guinyard if all the men in the line-up with Oswald were the same colour (complexion) – incredibly, Guinyard replied that they weren’t! Of course, this is completely ridiculous, as all four of the men in the line-up were white.

The following is from Guinyard’s testimony:

Mr. Ball
Were they all about the same color?

Mr. Guinyard
No, sir; they wasn't all about the same color.

Mr. Ball
All about the same color?

Mr. Guinyard
No, sir; they wasn't all about the same color.

To summarise, what we have with Sam Guinyard as a witness, is a man who claimed the killer was on the same side of the street with him when he saw him – even though Callaway said he was on the opposite side of the street. A man who made no mention of Callaway hollering to the killer, and seeing him look towards them and speak – even though Callaway said the killer did. Guinyard also claimed that the line-up participants weren’t “all about the same colour” – despite the fact that they were all white men.

Now, although Guinyard did identify the light gray jacket (Ce162) as the one the killer was wearing when he passed by him, he also claimed he saw the killer wearing the dark brown shirt which Oswald was wearing when arrested – even though Callaway claimed he couldn’t see the brown shirt!

From the testimony of Sam Guinyard:

Mr. Ball
Sam, I'll show you an exhibit here, which is a piece of clothing and which is marked Commission Exhibit No. 150. Have you ever seen this before?

Mr. Guinyard
Yes, sir.

Mr. Ball
When and where?

Mr. Guinyard
In Oak Cliff.

Mr. Ball
Did you ever see anybody wearing it?

Mr. Guinyard
Yes, sir.

Mr. Ball.
Who?
Mr. Guinyard
Oswald.

Mr. Ball
Where?

Mr. Guinyard
Oak Cliff.

From the testimony of Ted Callaway:

Mr. Ball
I show you a shirt, 150. Does it look anything like the shirt he had on under the jacket?

Mr. Callaway
Sir, when I saw him he didn't have--I couldn't see this shirt. I saw--he had it open. That shirt was open, and I could see his white T-shirt underneath.

Given all the problems with Sam Guinyard, he should not be considered a reliable witness. In fact, I don’t believe Guinyard actually saw Tippit’s killer. However, I do believe he followed Callaway to 10th and Patton. In my opinion, Guinyard was coaxed into identifying Oswald as the killer by the DPD - to help them bolster their case against Oswald. If you want evidence that this was the case, then just consider the following from Callaway’s testimony concerning the line-up he had attended with Guinyard.

Mr. Ball
Tell us what happened.

Mr. Callaway
We first went into the room. There was Jim Leavelle, the detective, Sam Guinyard, and then this bus driver and myself. We waited down there for probably 20 or 30 minutes. And Jim told us, "When I show you these guys, be sure, take your time, see if you can make a positive identification."

Mr. Ball
Had you known him before?

Mr. Callaway
No. And he said, "We want to be sure, we want to try to wrap him up real tight on killing this officer. We think he is the same one that shot the President. But if we can wrap him up tight on killing this officer, we have got him." So they brought four men in. I stepped to the back of the room, so I could kind of see him from the same distance which I had seen him before. And when he came out, I knew him.

Honestly, what more evidence could one require? As for how they coaxed Guinyard into identifying Oswald, consider the fact that Guinyard was an African American. Many of the innocent people who the DPD had incarcerated were African American, such as James Lee Woodward – who spent 27 years in prison for a murder he didn’t commit (see here). Hence, the DPD could have threatened to put Guinyard in jail if he didn’t co-operate.

Let’s now return to Ted Callaway. Following the shooting of Officer Tippit, Callaway allegedly provided DPD Officer H.W Summers a description of the suspect. At approximately 1:34 pm, Summers’ broadcast the description on channel 1 of the DPD radio. See below.

“Might can give you some additional information. I got an eye-ball witness to the get-away man. That suspect in this shooting is a white male, twenty-seven, five feet eleven, a hundred sixty-five, black wavy hair, fair complected, wearing a light grey Eisenhower-type jacket, dark trousers and a white shirt, and (. . . ?). Last seen running on the north side of the street from Patton, on Jefferson, on East Jefferson. And he was apparently armed with a 32 dark-finish automatic pistol which he had in his right hand.”

As we can see, Callaway’s description of the killer is similar to Oswald’s. However, Callaway claimed the killer had black wavy hair – whereas Oswald did not have black wavy hair. It’s also interesting to note that Callaway allegedly informed summers that the killer was armed with what appeared to be a 32 calibre dark finish automatic pistol. Yet, Oswald was allegedly arrested at the Theatre with a 38 calibre revolver.

Furthermore, Callaway described the jacket the killer was wearing as being a “light grey Eisenhower type jacket” – which does match the description of the jacket the killer discarded at the parking lot behind the Texaco Service station. It should also be noted that when shown the jacket during his testimony, Callaway made the following claim during his testimony.

Mr. Ball
I have a jacket here Commission's Exhibit No. 162. Does this look anything like the jacket that the man had on that you saw across the street with a gun?

Mr. Callaway
Yes; it sure does. Yes, that is the same type jacket. Actually, I thought it had a little more tan to it.

Mr. Ball
Same type?

Mr. Callaway
Yes

Although Callaway claimed during his testimony that he thought “it had a little more tan to it”, he nevertheless accurately described it to DPD Officer H.W Summers on the day of the assassination. However, what makes me seriously question Callaway’s veracity as a witness is the following statement from the testimony of Domingo Benavides.

Mr. Benavides
And so Ted then got in the taxicab and the taxicab came to a halt and he asked me which way he went. I told him he went down Patton Street toward the office, and come to find out later Ted had already seen him go by there.

Mr. Belin
Did Ted tell you later he had seen him go by?

Mr. Benavides
Yes; then we had a colored porter [Sam Guinyard] that said he-had seen him go by.

This is truly bizarre. If Callaway had actually seen the killer go down Patton Street, as he claimed, then why on Earth would he need to ask Benavides which way the killer went? Well, maybe because he didn’t actually see the killer! Now, Benavides did claim that Callaway told him later on that he had seen the killer. However, if he actually had, then he wouldn’t need to ask Benavides which way the killer went.

Although there are some who will argue that Benavides was either mistaken or lying, I honestly don’t see how he could have been mistaken, or why he would have lied. Also, consider that in his affidavit to the DPD, Callaway claimed that he heard “some shots”, but then during his interview with Secret Service agent John J. Giuffre (see here, page 4), claimed that he heard five shots. Now, although by “some shots” Callaway could have meant five shots, his latter claim should nevertheless be treated with caution.  

Considering all of the above problems with Callaway, his identification of Oswald should also be considered suspect. Furthermore, as researcher Gil Jesus has explained here, both Callaway and Guinyard apparently gave their sworn affidavits to the DPD before they viewed the line-up!

On a final note, the distinct possibility exists that the description of the killer was actually given to Officer H.W Summers by B.D Searcy. Although there is no proof for this, given the likelihood that Callaway and Guinyard never saw the killer- and were coaxed into identifying the killer as Oswald by the DPD, we should keep this possibility in mind. The question also remains as to why Searcy never attended a line-up, and was never called to testify before the Warren Commission.

William Scoggins

William Scoggins was the cab driver who witnessed the Tippit murder inside his cab, parked on the south east corner of the 10th and Patton Street intersection. As is the case with every other witness who identified Oswald as Tippit’s murderer, his identification is also riddled with problems.

Scoggins attended the fourth and final line-up of Oswald, which was on the day following the assassination at 2:15 pm. At the line-up with Scoggins, was William Whaley - the cab driver who allegedly drove Oswald to his rooming house following the assassination (see here for my discussion of this issue). Scoggins allegedly identified Oswald as the killer from the line-up. Oswald was in the number three position of the four man line-up.

Following the shooting, Scoggins exited his cab and ducked down as the killer went by him on the sidewalk. As the killer passed him, Scoggins heard him mumble words to the effect “Poor dumb/damn cop”. Scoggins informed the Warren Commission during his testimony that he had seen the killer’s face as he went passed his cab. See below.

Mr. Belin
When you first saw him, I believe you said you saw the man's face, or did you not say that?

Mr. Scoggins
I couldn't see the man's face from there. I saw the face when he passed the cab.

Now, although Scoggins stated during his Warren Commission testimony that he identified Oswald as the killer, during an interview with FBI agent Richard T. Rabideau on 25/11/63 (See here, page 8), he claimed that he did not believe the killer was identical with Oswald! What makes this claim bizarre, is that in his affidavit to the DPD (here), he claimed that he would be able to recognise the killer if he ever saw him again.

Also, consider the fact that Scoggins claimed the killer was holding the gun in his left hand when he saw him, yet other witnesses such as the Davis sister-in-laws, Ted Callaway, and even Helen Markham claimed the killer was holding it in his right hand.

Mr. Belin
Did he have anything in his hand?

Mr. Scoggins
He had a pistol in his left hand.

As was the case with every other witness I have discussed previously, Scoggins was shown the light gray jacket which the killer had allegedly discarded. The following is what Scoggins told Counsel David Belin concerning the jacket.

Mr. Belin
Mr. Scoggins, handing you Exhibit 162, have you ever seen any jacket on any person in that area of East 10th and Patton that looks familiar to, or looks anything similar to this exhibit, or does this appear to be lighter or darker than the jacket?

Mr. Scoggins
It appears to be a little lighter, but the sleeves look familiar all right, the type of sleeve. He had on a jacket, the type of sleeve of that, but I thought it was a little darker.

As we can see, Scoggins claimed Ce162 “appeared to be a little lighter” than the jacket the killer was wearing. The closet Scoggins could come to identifying the jacket, was claiming that “the sleeves look familiar all right”. Yet, this is hardly a positive identification. Also, are we honestly to believe that Scoggins could recognise Oswald’s face when he couldn’t even identify the jacket the killer was wearing? Quite frankly, I don’t think so.

As far as the line-up was concerned, Oswald was put into the line-up with two teenagers and a Mexican. Not only was this the most unfair line-up against Oswald, but any positive identification of Oswald as the killer was compromised. Just consider the following excerpt from William Whaley’s testimony.

“….Then they took me down in their room where they have their show-ups, and all, and me and this other taxi driver who was with me, sir, we sat in the room awhile and directly they brought in six men, young teenagers, and they all were handcuffed together. Well, they wanted me to pick out my passenger. At that time he had on a pair of black pants and white T-shirt, that is all he had on. But you could have picked him out without identifying him by just listening to him because he was bawling out the policeman, telling them it wasn't right to put him in line with these teenagers and all of that and they asked me which one and I told them. It was him all right, the same man.”

The fact that Oswald was arguing with the Police for putting him into the line-up with the teenagers etc., and was overhead by Whaley (and by all likelihood, Scoggins as well), meant that any identification of him as the Tippit murderer was compromised.

It’s also important to keep in mind that Scoggins had heard the killer mumble words to the effect “Poor dumb/damn cop”. Undoubtedly, Scoggins would have heard Oswald’s voice on TV following the assassination. Yet, he never mentioned during his testimony that the killer’s voice sounded like Oswald’s. In fact, he was never even asked during his testimony if the killer’s voice sounded like Oswald’s! See below.

Mr. Belin
Did you hear the man say anything?

Mr. Scoggins
I heard him mutter something like, "poor damn cop," or "poor dumb cop." He said that over twice, and the last, I don't know whether the middle word was "damn" or "dumb," but anyway, he muttered that twice.

Now, Scoggins might not have been able to identify the voice due to the fact the killer had only mumbled the words. Still, if Scoggins was able to hear the killer’s voice, then he most likely would have been able to recognise it.

To summarise, what we have with William Scoggins is a witness who claimed in his affidavit to the DPD that he would be able to recognise the killer if he saw him again, but informed the FBI that he didn’t recognise Oswald as the killer – only to claim several months later during his testimony that he did. He also claimed the killer had the gun in his left hand, whereas other witness who saw the gun said it was in the killer’s right hand.

Scoggins also failed to positively identify the light gray jacket as the one the killer was wearing, and failed to recognise Oswald’s voice as being identical with the killer’s. Let’ also not forget that the identification of Oswald from the line-up was compromised. Considering all of the above, Scoggins identification of Oswald as Tippit’s murderer should also be considered suspect.  

Let me just add that Scoggins also stated during his testimony that he had allegedly overheard a conversation that William Whaley had with other cab drivers concerning Oswald. See below.

Mr. Dulles
Would you recall what he said as to where he picked up the man and where he took him?

Mr. Scoggins
He said he picked him up at the Greyhound bus and carried him to a neighbourhood, no particular address, on North Beckley, the 500 block.

Despite Scoggins' claim, researchers such as Lee Farley have demonstrated that William Whaley never took Oswald towards his rooming house inside his cab (see here for my own discussion of this issue). It is therefore quite likely that Scoggins was lying about over hearing the conversation Whaley allegedly had with other cab drivers.

Other witnesses

Before concluding this article, I will discuss the remaining witnesses who identified Oswald as Tippit’s killer. These witnesses include Mary Brock, William Arthur Smith, Harold Russell, and Warren Reynolds. Other witnesses who saw the killer, such as B.M Patterson, L.J Lewis and Robert Brock, were unable to identify Oswald as the killer.

Robert Brock was employed as a mechanic at Ballew’s Texaco service station – operated by Roger Ballew. Both Brock and his wife, Mary Brock, observed Tippit’s killer enter the Service station, and go into the parking lot located behind it. The FBI interviewed Mary brock and Robert Brock on 21/1/64 (see here and here). Mary Brock identified Oswald as the man she saw enter the Service station. However, Robert Brock didn’t identify Oswald.

I should note that although Roger Ballew was at the Service station when the Tippit killer entered it, he did not see him. Now although Mary Brock did identify Oswald as the man she had seen, bear in mind that she was interviewed a full two months following the incident. Therefore, her recollection of the man’s appearance should not be considered totally reliable.

As Tippit’s killer arrived at the Patton/Jefferson Street intersection, he was seen by Warren Reynolds, B.M Patterson, L.J Lewis, and Harold Russell. At the time of the shooting, all four men were standing at the parking lot of Johnny Reynolds’ used car lot, located on the south east corner of the Patton/Jefferson Street intersection. Like the Brocks and Roger Ballew, these witnesses weren’t interviewed by the FBI until late January 1964. Reynolds and Patterson followed the killer into Ballew’s Texaco Service station, after which they lost sight of him.

Warren Reynolds’ was interviewed by the FBI on 21/1/64, and advised them that although the man he followed did resemble Oswald, he hesitated to positively identify him as the man he saw. As I mentioned previously, on 23/1/64 (a mere two days after his interview with the FBI) Reynolds was shot in the head at point blank range by a rifle, but had miraculously survived. During his testimony to the Warren Commission (on 22/7/64), Reynolds’s was now positive the man he had followed was Oswald.

Now is it really just a coincidence that just two days after informing the FBI that he could not positively identify Oswald as the killer, Reynolds’s was shot in the head and almost killed? To be honest, I’m not sure what to believe. However, despite what one might believe, Reynolds’s latter claim to the Warren Commission should be ignored, as no one can know for certain whether the attempt on his life was related to his failure to positively identify Oswald or not.

The man the DPD believed was responsible for shooting Reynolds’s, was Darrell Wayne garner. Incidentally, Reynolds’s informed Counsel Wesley Liebeler during his testimony, that he believed there was a connection between his shooting and the fact that he had witnessed Tippit’s killer. See below.

Mr. Liebeler
For the purpose of our investigation, I mean if there were any connection between your shooting on January 23 and Oswald's arrest for the assassination, we want to know about it. That is perfectly clear, is it not?

Mr. Reynolds
Yes.

Mr. Liebeler
I am asking you if you have any facts that would tie it up.

Mr. Reynolds
I have no facts. I just have my own beliefs.

Mr. Liebeler
And you do believe that there is some relation, do you?

Mr. Reynolds
Yes

As far as B.M Patterson is concerned, the following is what Patterson allegedly informed the FBI when they interviewed him.

“Patterson was shown a photograph of Lee Harvey Oswald at which time he identified said photograph as being identical with the individual he had observed on the afternoon of November 22, 1963, running south on Patton Avenue with a weapon in his hand.”

However, in a sworn affidavit by Patterson provided to the Warren Commission following his FBI interview, he claimed that he could not recall being shown a photograph of Oswald by the FBI! See below.

“In regard to the last paragraph of this [FBI] report, I do not at this late date specifically recall having been exhibited a photograph of Lee Harvey Oswald, at the time of the interview of January 22, 1964, and desire that this paragraph be deleted as an official reporting of that interview.”

It appears that the FBI agents who interviewed Patterson were “mistaken” about showing Patterson a photograph of Oswald. As for L.J Lewis, he had failed to identify Oswald as the man he saw. The following is from the FBI interview with Lewis:

“Lewis was shown a photograph of Lee Harvey Oswald, New Orleans PD No. 112723, dated August 9, 1963, at which time Mr. Lewis advised due to the distance from which he observed the individual he would hesitate to state whether the individual was identical with Oswald.”

Lewis confirmed the above claim in his sworn affidavit to the Warren Commission. As for Harold Russell, he informed the FBI that he had identified Oswald as the man he saw. However, keep in mind that Russell’s identification (like Mary Brock’s) was made two months after he saw the Tippit killer, and should therefore not be considered totally reliable.

Finally, there was also William Arthur Smith. Smith was visiting his friend Jimmy Burt, when he heard the shots and observed the killer run away from the murder scene. Smith claimed during his Warren Commission testimony that the man he saw run away from the Tippit murder scene was Oswald. However, during his interview with the FBI, he did not identify Oswald as the murderer. The following is from Smith’s interview with the FBI.

Smith advised that he did not believe it was Oswald when he first saw Oswald on TV because it looked like Oswald had light colored hair. He was exhibited a photograph of Oswald and stated that the individual he observed had dark hair like the New Orleans Police Department photograph of Oswald”

As I hope you have come to realise, the witnesses who identified Oswald as Tippit’s killer should not be considered reliable (not that lone gunman zealots would ever admit to it). It is my firm opinion that once Oswald was killed, the aforementioned witnesses were coaxed into identifying Oswald as Tippit’s murderer by both the DPD and the FBI.

If Oswald wasn’t found guilty of murdering Tippit, then the case against him for murdering the President would have been substantially weaker. Now let’s get real, if Oswald was not found guilty for assassinating the President, the DPD and FBI would have been left with the near impossible task of finding the true assassin(s) of President Kennedy. Keep in mind that by the time Oswald was arrested inside the Texas Theatre at approximately 1:50 pm, the true assassins were long gone from Dealey Plaza.

Now, is there any rational person who actually believes the DPD and the FBI would inform the U.S people (and the entire world for that matter) that they were unable to find the assassin(s) of the President? If you ask me, there’s no chance in hell they would!

Let me conclude by stating that the FBI deliberately ignored interviewing witnesses such as Aquila Clemmons, and Frank Wright – both of whom claimed they saw two men murder Tippit. The fact that the FBI ignored interviewing them is proof that they were only concerned with convicting Oswald for the murder.

Saturday, 29 December 2012

The Tippit murder: The witnesses - Part 1


In this article, I explain the reasons why the witness identifications of Oswald as Tippit’s murderer should be considered unreliable. It’s important to keep in mind that by the time these witnesses testified before the Warren Commission, Oswald was dead. Therefore, any “positive” identification of him as the murderer would not have put an otherwise innocent man in prison. Also, there was no cross examination of the witnesses by a defence attorney on Oswald’s behalf!

Also keep in mind that six of the witnesses; Helen Markham, William Scoggins, Ted Callaway, Sam Guinyard, and the Davis sister-in-laws identified Oswald as the killer after viewing line-ups of him by the DPD. As many competent researchers have demonstrated, the line-ups were conducted unfairly against Oswald, and it is not my intention to discuss the conduct of the line-ups in this article.

The final (and perhaps most important) point which should be considered is that Tippit’s killer by all likelihood bore a good resemblance to Oswald. Think about it. If you’re going to frame a man for murder, then naturally you would use a gunman who resembles the man you intended to frame (See here for evidence that Oswald was framed for Tippit’s murder).

Before discussing the credibility of these witnesses, let’s first examine the statements by Domingo Benavides. As stated in my previous article, Benavides was driving his yellow pick-up truck west along 10th Street when he spotted Tippit exiting his patrol car. Startled by the sound of the shots, Benavides pulled his pick-up truck to the curb, almost directly across the Street from Tippit’s car. Benavides was the closet witness to the murder, but never viewed a line-up of Oswald.

Despite being the closet witness to the shooting, Benavides failed to positively identify Oswald as the killer. The best Benavides could state is that the killer resembled Oswald. From Benavides Warren Commission testimony:

Mr. Belin
You used the name Oswald. How did you know this man was Oswald?

Mr. Benavides
From the pictures I had seen. It looked like a guy, resembled the guy. That was the reason I figured it was Oswald.

Many lone gunman kooks have argued that the reason Benavides failed to positively identify Oswald as the killer, was because he didn’t get a good view of him. However, contrary to this completely absurd and dishonest claim, Benavides informed the Warren Commission that he did get a good view of the killer. See below.

Mr. Belin
Let me ask you now, I would like to have you relate again the action of the man with the gun as you saw him now.

Mr. Benavides
As I saw him, I really---I mean really got a good view of the man after the bullets were fired, he had just tuned. He was just turning away. In other words, he was pointing toward the officer, and he had just turned away to his left, and then he started. There was a big tree, and it seemed like he started back going to the curb of the street and into the sidewalk, and then he turned and went down the sidewalk to, well, until he got in front of the corner house, and then he turned to the left there and went on down Patton Street.

Not only did Benavides fail to identify Oswald as the killer – despite claiming he had “got a good of view of the man”, but he also described the killer as having a complexion “Ruddier than mine”, and also a complexion “a little bit darker than average”. Photos and film footage of Benavides show that his complexion was light brown, whereas Oswald’s complexion was pale white. He also described the jacket which the killer was wearing as being “a light beige jacket”. See below.

Mr. Belin
Anything else you can think of about the man after you saw him? What was he wearing? What did he look like?

Mr. Benavides
Well, he was kind of, well, just about your size.

Mr. Belin
About my size? I am standing up.

Mr. Benavides
You are about 5' 10"?

Mr. Belin
I am between 5' 10" and 5' 11". Closer to 5' 11", I believe.

Mr. Benavides
I would say he was about your size, and he had a light-beige jacket, and was lightweight.

Further on during his testimony:

Mr. Belin
What about his skin? Was he fair complexioned or dark complexioned?

Mr. Benavides
He wasn't dark.

Mr. Belin
Average complexion?

Mr. Benavides
No; a little bit darker than average.

Mr. Belin
My complexion?

Mr. Benavides
I wouldn't say that any more. I would say he is about your complexion, sir. Of course he looked, his skin looked a little bit ruddier than mine.

As both the closet witness to the murder of Tippit - and one who claimed he got a good view of the killer, the inconsistencies between Benavides’s description of the killer and the description of Oswald, is a very good reason to believe that Oswald wasn’t Tippit’s killer!

Apparently, Benavides did eventually identify Oswald as the killer. However, if Benavides did really believe Oswald was the killer, then why on Earth did he hesitate to identify him during his Warren Commission testimony? More to the point, why should anybody accept his later identification as being trustworthy? The truth is we shouldn’t.

There is also the mysterious shooting of Benavides brother, Edward, in January 1964. Edward was shot in the back of the head in a club in Dallas. Many researchers have claimed that the intended target was Domingo - due to the fact that he didn’t positively identify Oswald as the killer. Quite curiously, on January 23 1964, Warren Reynolds, who followed Tippit’s murderer into Roger Ballew’s Texaco Service station, was shot in the head by a rifle at point blank range, but had miraculously survived.

Like Benavides, Reynolds was initially reluctant to identify Oswald as the killer. But after he was shot, Reynolds positively identified Oswald during his Warren Commission testimony. Although I don’t have a firm opinion on this issue, is it really just a coincidence that within the same period of time, both Reynolds and Benavides brother (who could have been mistaken for him) were shot in the head?

It is of course possible, but what are the odds that it really was just a coincidence? (I return to Warren Reynolds further on in this article).  

Helen Markham

Let’s now turn our attention to Helen Markham, whom Warren Commission counsel Joseph Ball once famously referred to as “An utter screwball”. As mentioned in my previous article, Markham was on her way to work at the Eat Well restaurant on Main Street, when she witnessed Tippit’s murder. After witnessing the shooting, Markham became hysterical and began screaming.

The Warren Commission relied heavily on Markham’s identification of Oswald as the killer. The following is from page 167 of the Warren report, Concerning Markham’s “positive” identification of Oswald as Tippit’s murderer.

“In testimony before the Commission, Mrs. Markham confirmed her positive identification of Lee Harvey Oswald as the man she saw kill Officer Tippit.”

Despite the Warren Commission’s bold assertion, Markham’s “positive” identification of Oswald was anything but reliable. It should be noted that Markham was the first Tippit murder witness to view a DPD line-up of Oswald, and that Oswald was the number two man in the four man line-up. The following is from Markham’s testimony concerning her identification of Oswald from the line-up.

Mr. Ball
Did you recognize anyone in the line-up?

Mrs. Markham
No, sir.

Mr. Ball
You did not? Did you see anybody--I have asked you that question before did you recognize anybody from their face?

Mrs. Markham
From their face, no.

Mr. Ball
Did you identify anybody in these four people?

Mrs. Markham
I didn't know nobody.

Mr. Ball
I know you didn't know anybody, but did anybody in that line-up look like anybody you had seen before?

Mrs. Markham
No. I had never seen none of them, none of these men.

As we can see, Markham claimed that she didn’t recognise anybody from the line-up as being Tippit’s killer! Realising that this was a huge problem for convicting Oswald, counsel Joseph Ball asked Markham what can only be considered one of the most disgraceful leading questions ever asked by a Warren Commission lawyer.

Mr. Ball
Was there a number two man in there?

Mrs. Markham
Number two is the one I picked.

Mr. Ball
Well, I thought you just told me that you hadn't—

Mrs. Markham
I thought you wanted me to describe their clothing.

Mr. Ball
No. I wanted to know if that day when you were in there if you saw anyone in there—

Mrs. Markham
Number two.

Following Ball’s leading question, Markham now insists that the man she identified as Tippit’s killer was the number two man (Oswald), despite just moments ago having claimed that “I had never seen none of them, none of these men”! Ball also showed Markham the light gray coloured jacket which Oswald allegedly discarded, and asked her if she could identify it.

Mr. Ball
I have here an exhibit, Commission Exhibit 162, a jacket. Did you ever see this before?

Mrs. Markham
No; I did not.

Mr. Ball
Does it look like, anything like, the jacket the man had on?

Mrs. Markham
It is short, open down the front. But that jacket it is a darker jacket than that, I know it was.

Mr. Ball
You don't think it was as light a jacket as that?

Mrs. Markham
No, it was darker than that, I know it was. At that moment I was so excited--

Markham was fairly adamant that the jacket the Tippit killer was wearing was darker than the Ce162 jacket. What makes this claim incredibly bizarre is that Markham informed DPD Officer Joe M. Poe that the killer’s jacket was white! The following is from Poe’s testimony, concerning the description of the killer he obtained from Markham, after he had arrived at the murder scene.

Mr. Ball
What did you see?

Mr. Poe
Found the squad car parked toward the curb, and a pool of blood at the left-front wheel of the car. The ambulance had already picked him up and the officer had left the scene when we arrived. We had--I don't know how many people there were. Looked like 150 to 200 people around there, and Mrs. Markham, I talked to her first and we got a description of the man that shot Tippit.

Mr. Ball
Do you know what the description was?

Mr. Poe
Sir?

Mr. Ball
Do you know what the description was?

Mr. Poe
White male, about 25, about 5 feet 8, brown hair, medium, and I believe she said had on a white jacket at the time.

Mr. Ball
What did you do then?

Mr. Poe
We gave the description to several of the officers at the scene. You couldn't get on the radio at the time, there was so much traffic on the radio, and the last--the direction he was seen leaving, and then I talked to several more witnesses around there

There was indeed a description of the killer broadcast over the DPD radio, by an Officer named Roy Walker (whom Poe believed was actually Charles T. Walker). The significance of the description Markham gave to Poe is that this was not the description she gave to FBI agent Bardwell Odum, when he interviewed her on the same day!

The following exchange with Ball took place further on during Poe’s testimony.

Mr. Ball
At 1:22 p.m., on the transcript of the radio log, I note it says, "Have a description of suspect on Jefferson. Last seen about the 300 block of East Jefferson. White male, 30's; 5'8", black hair, slender built, wearing white shirt, black slacks." Do you know whether you gave Walker that description?

Mr. Poe
I remember giving [Roy] Walker a description. My partner got in the car with Walker.

Mr. Ball
Did you give Walker a description similar to that?

Mr. Poe
Yes, sir.

Mr. Ball
Well, the only difference I see between the description you said you gave the other officer and this was that you said he was in his 20's or 25, and this says about 30. Otherwise it is about the same.

Mr. Poe
Yes, sir

One of the most truly bizarre aspects of Markham’s testimony was her claim that she had conversed with Tippit after he was shot. Yet, Tippit was also shot once in the right temple and killed instantly. Furthermore, there is absolutely no confirmation from any other witness that Tippit was alive when they went to his aid! The following is from Markham’s testimony.

Mr. Dulles
Mr. Tippit, Officer Tippit, didn't say anything to you?

Mrs. Markham
He tried to.

Mr. Dulles
He tried to?

Mrs. Markham
Yes, sir.

Mr. Dulles
But he didn't succeed?

Mrs. Markham
No, I couldn't understand. I was screaming and hollering and I was trying to help him all I could, and I would have. I was with him until they put him in the ambulance.

Further on during her testimony:

Mr. Ball
Just a few more questions, Mrs. Markham. You ran immediately over to where the police officer was lying in the street?

Mrs. Markham
I did.

Mr. Ball
Was he alive?

Mrs. Markham
Yes, sir.

Mr. Ball
Did he say anything?

Mrs. Markham
He was trying to, but he just couldn't. I just couldn't make out what he was trying to say.

The final point to address concerning Markham’s credibility is the description of the killer which she gave to FBI agent, Bardwell Odum, on 22/11/63. See below.

Mr. Ball
On the 22d of November, 1963, that is the day of the shooting, did you talk to an FBI agent named Odum? Do you remember?

Mrs. Markham
I talked to some people, men, down at the police station.

Mr. Ball
That is right. He says that you described the man who shot Tippit as a white male, about 18, black hair, red complexion, wearing black shoes, tan jacket, and dark trousers. Do you remember that?

Following Joseph Ball’s question, Markham claimed that she didn’t mention the killer was wearing black shoes. She also claimed she didn’t tell Odum the killer looked 18 years old, and that she didn’t inform him that the killer had a red complexion. The significance of this is that the red complexion described to Odum by Markham, is consistent with Benavides claim that the killer’s complexion was “ruddier than mine [Benavides]” (with ruddy referring to a person with a reddish complexion).
 
Despite Markham’s latter claim that she didn’t tell Odum the killer had a red complexion, are we to honestly believe that Odum had mistakenly noted that Markham stated the killer had a red complexion? It simply defies belief that an FBI agent could make such a mistake. It is also inconceivable that Odum could have been mistaken that Markham told him the killer appeared to be 18 years old. (Incidentally, be sure to check out this video clip where Markham described the killer as having a ruddy complexion).

As we can also see, the description she gave to Odum was in stark contrast to the one she gave Officer Poe, which was broadcast over the DPD radio by Officer Roy Walker at 1:22 pm.

What’s particularly interesting is that Markham told Odum the killer had a tan coloured jacket – whereas the jacket which the killer allegedly discarded was a light gray coloured jacket! When Markham was shown the jacket during her testimony, she stated that the jacket the killer had was darker. It should be noted that Markham didn’t deny during her testimony that she told Odum the killer’s jacket was tan coloured.

To summarise, Helen Markham first claimed during her testimony that she didn’t recognise anyone from the line-up as the killer, but then following Joseph Ball’s disgraceful leading question, claimed that she identified Oswald as the killer. She also claimed that Tippit was alive after he was shot – this despite the fact that he was killed instantly! The description of the killer which she provided to FBI agent Bardwell Odum was inconsistent with the one she provided to Officer Poe at the murder scene. Finally, she told Officer Joe Poe that the killer had a white jacket – but then told Odum that the jacket was tan coloured!

Clearly, Markham was by no means a reliable witness. Yet despite all the problems with her credibility, lone gunman zealots uphold her identification of Oswald as Tippit’s killer, as being reliable. Simply unbelievable!

There are many other problems with Markham’s credibility which I could have addressed. However, I will leave it up to you to read through her entire testimony to see for yourself.

On a final note, let me state that Markham’s claim that Tippit had calmly exited his patrol car was contradicted by Domingo Benavides, who claimed during his testimony that Tippit was “kind of in a hurry to get out”.

The Davis sister-in-laws

Let’s now examine the statements by the Davis sister-in-laws, Barbara and Virginia Davis. At the time of Tippit’s murder, the Davis sister-in-laws were lying down and taking a nap at Barbara’s apartment house, on the South east corner of the intersection of 10th and Patton streets. Upon hearing the shots, they went to the front door where they observed Tippit’s killer cut across the lawn, emptying the spent shells in his hand. Although both women identified Oswald as Tippit’s killer, there is very good reason to be suspicious of their identification.

First of all, although a total of four shots were fired at Tippit; they could only recall hearing two shots. As both of them described during their testimonies, they heard a shot followed a second shot. Now although they did only recall hearing two shots, this doesn’t necessarily mean their identification of Oswald as the killer lacks credibility. Furthermore, the “first” shot heard by both women could have actually been the first three shots fired rapidly at Tippit’s chest/abdomen, with the “second” shot being the execution style shot to Tippit’s head - as per the observation of Jack Ray Tatum.

Secondly, although both women observed the killer at the same time, there are many contradictions between their observations/recollections. However, let me first state some of the consistencies between their observations. Both women claimed the killer had the gun in his right hand, and was emptying the spent shells into his left. Both of them also agreed that it was Barbara Davis who called the Police to notify them of the shooting. Furthermore, both of them agreed that Barbara found the first of the two spent shell casings the killer left near the lawn of their apartment house, with Virginia finding the second one.

As far as the contradictions between their observations/recollections are concerned, consider the fact that Virginia Davis stated during her Warren Commission testimony that after they reached the front door and observed the gunman, they did not open the screen door to the front door - whereas Barbara Davis claimed they did.

From the testimony of Virginia Davis:

Mr. Belin
Were you looking through the screen door, or was the screen door partially open, if you remember.

Mrs. Davis
It was closed. We was looking through it.

Mr. Belin
You were looking through the screen door?

Mrs. Davis
Yes

From the testimony of Barbara Davis:

Mr. Ball
When you went to the door, did you open the door?

Mrs. Davis
I opened the door and held the screen opened.

In fact, not only did Barbara Davis claim she held the screen door open, she also claimed she was standing on the porch when they saw the killer.

Representative Ford
Could you tell us where you were standing when you saw him?

Mrs. Davis
I was standing on the porch.

Let’s also take into account the fact that Barbara Davis testified she called the Police after they had seen the killer pass their house. Virginia Davis on the other hand, testified that they called the Police before they saw the killer. In my opinion, Virginia’s claim is ridiculous, and does not speak well for her credibility. In fact, David Belin repeatedly questioned her on this point, and she provided contradictory responses.

Mr. Belin
You notified the police. Let me ask you this. Did you notify the police before or after you saw 'the boy with the gun?

Mrs. Davis
Let's see, I think it was before.

Mr. Belin
When you say before, what do you mean?

Mrs. Davis
Well, before we saw the boy.

From the testimony of Barbara Davis:

Mr. Ball
….After the man [killer] left, what did you do, after he went out of sight what did you do?

Mrs. Davis
I went back in and phoned the police.

The Davis sister-in-laws also contradicted each other on whether or not the killer had looked at them as he cut across their front lawn, with Barbara claiming that he did, and Virginia claiming that he didn’t.

From the testimony of Virginia Davis:

Mr. Belin
Did he look at you?

Mrs. Davis
No, sir; not that I remember. I don't think so.

From the testimony of Barbara Davis:

Mr. Ball
What did you do next?

Mrs. Davis
He looked at her first and looked at me and then smiled and went around the corner.

So far, I have outlined three contradictions between their recollections of what occurred after they heard the shots. Bear in mind that the Davis sister-in-laws viewed a line-up of Oswald at approximately 7:55 pm on the day of the assassination. As was the case with the Markham line-up, Oswald was in the number two position. When Counsel David Belin asked Virginia Davis what the time was when they viewed the line-up, she replied with: “it was probably around 5:30 pm” (she also claimed there were five men in the line-up, when there were only four!). On the other hand, Barbara Davis claimed it was after 8 o’clock when they viewed the line-up.

From the testimony of Virginia Davis:

Mr. Belin
About what time of the day was it?

Mrs. Davis
It was probably about 5:30.

From the testimony of Barbara Davis:

Mr. Ball
That was about what time of day that you were at the lineup?

Mrs. Davis
It was after 8, I am sure.

Mr. Ball
After when?

Mrs. Davis
After 8 o'clock.

Now, although Barbara Davis’s recollection of the time they viewed the line-up was certainly much more accurate than Virginia’s, it should be noted that both women took credit for being the first to identify Oswald as Tippit’s killer! This of course is simply ridiculous.

From the testimony of Virginia Davis:

Mr. Belin
Did you hear your sister-in-law identify him first, or not?

Mrs. Davis
No, sir; I identified him first.

From the testimony of Barbara Davis:

Mr. Dulles
Well, let me start over again. Did you identify the man in the line-up before your sister-in-law?

Mrs. Davis
Yes, sir.

Mr. Dulles
Before your sister-in-law?

Mrs. Davis
Yes, sir; I was the first one.

To summarise so far, the Davis sister-in-laws contradicted each other on a). Whether the screen door was open when they viewed the killer, b). When Barbara called the Police, c). Whether or not the killer had looked at them, d). The time at which they viewed the line-up e). Who was the first to identify to Oswald as the killer from the line-up.

Whilst there is very little doubt that Virginia Davis was mistaken about Barbara Davis calling the police before they observed the gunman cutting across their lawn, it’s difficult to imagine how she could be mistaken about not seeing the gunman look towards them then and smile, as per Barbara Davis’s claim.

Now, should one not be satisfied that the Davis sister-in-laws were unreliable witnesses from the aforementioned contradictions, their identification of Ce162 as the jacket they saw killer was wearing was a complete disaster. See below.

From the testimony of Virginia Davis:

Mr. Belin
Do you remember what he had on?

Mrs. Davis
He had on a light-brown-tan jacket.

From the testimony of Barbara Davis:

Mr. Ball
Was he dressed the same in the line-up as he was when you saw him running across the lawn?

Mrs. Davis
All except he didn't have a black coat on when I saw him in the lineup.

Further on during her testimony:

Mr. Ball
I have a jacket, I would like to show you, which is Commission Exhibit No. 162. Does this look anything like the jacket that the man had on that was going across your lawn?

Mrs. Davis
No, sir.

Mr. Ball
How is it different?

Mrs. Davis
Well, it was dark and to me it looked like it was maybe a wool fabric, it looked sort of rough. Like more of a sporting jacket.

As we can see, Virginia Davis claimed the jacket the Tippit killer was wearing was a light brown tan coloured jacket - whereas Barbara Davis claimed that the jacket she saw the killer wearing was black/dark, and also claimed that it might have been a wool fabric jacket. However, Ce162 was a light gray coloured jacket, and was not made of wool fabric! It should also be noted that according to the testimony of DPD Officer Joe M. Poe, he thought that one of the Davis sister-in-laws informed him the killer’s jacket was white.

In conclusion, are we honestly to believe the Davis sister-in-laws were able to recognise Oswald’s face in the line-up - when they weren’t even able identify Ce162 as the jacket the killer was wearing? I doubt that very much. As a matter of fact, after apparently realising what a problem Barbara Davis’s misidentification of the jacket created for them, Warren Commission member, Gerald Ford, asked her if she had her eyes examined recently!


As I hope you have come to realise, the Davis sister-in-laws, like Helen Markham, should not be considered reliable witnesses! However, despite all the problems with their credibility, lone gunman kooks such as David Von Pein uphold their identification of Oswald as being reliable. It only goes to show their desperation to convict Oswald at all costs.

(More to come late).