Post by Rob Caprio on Jul 27, 2022 18:59:01 GMT -5
All portions are ©️ Robert Caprio 2006-2024
thebluepaper.com/wp-content/uploads/Photo_hsca_ex_179.jpg
The Warren Commission (WC) claimed that Lee Harvey Oswald (LHO) had shot and killed President John F. Kennedy (JFK) all by himself on November 22, 1963. They also claimed he shot and killed Dallas Police Officer J.D. Tippit (JDT) on the same day all by himself.
One of their key pieces of evidence for showing LHO allegedly owned the two alleged murder weapons was a pair of photographs that had been allegedly taken on March 31, 1963, in the backyard of the Neeley Street house they were allegedly renting. Thus, they became known as the “Backyard Photographs” (BYPs). These photographs consisted of Commission Exhibit (CE) 133-A and CE 133-B. We have looked at these photographs from many angles in other posts, but we have not looked at how they were supposedly discovered. This post will do that.
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The Dallas Police Department (DPD) conducted a search on November 22, 1963, but NO photographs were found showing LHO allegedly holding a rile and wearing a holster with a pistol in it. The search on this day was not a legal one since the DPD never secured a search warrant, but this did not stop them from searching the house and garage. As we have seen before in other posts this was NOT legal and violated LHO’s right to privacy as Ruth Paine had no authority to grant them access to LHO’s things despite him leaving them there. I have cited case law before to show this is a true statement.
Michael Paine gave us a snapshot of what went on during this search on Friday afternoon during his WC testimony.
Mr. LIEBELER - This is the Dallas police officer?
Mr. PAINE - Yes, plainclothesman, wearing black hats; one of them had one of those Texas hats. He collected all the useless stuff in our house, he went around and collected all the files of Ruth, and a drawer of cameras, mostly belonging to me. I tried to tell him one of the files contained our music or something like that, and the more I suggested it, that he not bother taking those, the more insistent he was in taking those objects… their [LHO’s] possessions were searched by various waves of succeeding policemen, Dallas, and Irving and FBI, and what not.
Why were the FBI searching anything when they had NO jurisdiction at this point? I guess it could be asked also, why anyone was searching with NO search warrant.
The next day, Saturday, November 23, 1963, Dallas Police Officers John Adamcik, Henry Moore, Guy Rose and Richard Stovall along with Irving Police Department (IPD) Detective John McCabe all returned this time with a search warrant. Upon their arrival, Ruth Paine excused herself to go shopping and left them all alone in her house.
Mr. JENNER - He left your home?
Mrs. PAINE - Anyway, in the afternoon I was the only one there and I felt I had better get some grocery shopping done so as to be prepared for a long stay home just answering the doorbell and telling what I could to the people who wanted to know. I was just preparing to go to the grocery store when several officers arrived again from the Dallas Police Office and asked if they could search.
This time I was in the yard, the front yard on the grass, and asked if they could search and held up their warrant and I said, yes, they could search. They said they were looking for something specific and I said, "I want to go to the grocery store, I'll just go and you go ahead and do your searching."
I then went to the grocery store and when I came back they had finished and left, locking my door which necessitated my getting out my key, I don't normally lock my door when I go shopping.
Representative FORD - While you were shopping and after the officers had come with a warrant, they went in the house, no one was in the house?
Mrs. PAINE - For a portion of the time they were looking, no one was in the house.
Representative FORD - They were there alone?
Mrs. PAINE - That is right.
Mr. McCLOY - Did they indicate--were they still there when you got back?
Mrs. PAINE - No; they were not. Remember the door was locked.
So she was gone the whole time they were there alone in her house, thus, there was NO one to verify that what they claimed to find was actually in the house or garage. During this time the discovery of the two BYPs supposedly occurred. Admacik said during his WC testimony he was in the back of the garage and did not see the photographs being discovered.
Mr. BELIN. Did you find the picture of Oswald with the rifle?
Mr. ADAMCIK. I didn't find it. It was found while I was back in the garage.
Moore said say Rose found the picture allegedly showing LHO with the rifle.
Mr. MOORE. Rose found the picture of Oswald holding the rifle.
Mr. BELIN. Did Rose show it to you out there?
Mr. MOORE. Yes, he did; at the time he found it.
Mr. BELIN. Were you near him when he found it.
Mr. MOORE. Yes.
Mr. BELIN. How far away was he from you?
Mr. MOORE. This was a one-car garage, and it would have to be close. Four men searching in that garage. I would say a matter of 3 or 4 feet.
Stovall would also say Rose found the photographs that would be dubbed the BYPs.
Mr. BALL. Now, at that time did you find any snapshots that appeared to be Oswald in the photograph?
Mr. STOVALL. Yes, sir; Rose did, and when he looked at them, he said, "Look at this." At the time he said that--he showed us the snapshots and the negatives to me.
Mr. BALL. Did they show you what appeared to be Oswald in the snapshots?
Mr. STOVALL. Yes.
Mr. BALL. He had the negatives and snapshots?
Mr. STOVALL. Yes.
Mr. BALL. And he showed Oswald--what was significant about the photograph?
Mr. STOVALL. He was in a standing position just outside of the house holding a rifle in one hand and he was wearing a pistol in a holster on his right hip and he was holding two papers in the other hand.
Rose would confirm that he found the photographs allegedly depicting LHO with the alleged murder weapons (Mannlicher-Carcano (M-C) and .38 Special revolver) in the garage of the Paine’s house.
Mr. BALL. Did you find some pictures?
Mr. ROSE. Yes; I found two negatives first that showed Lee Oswald holding a rifle in his hand, wearing a pistol at his hip, and right with those negatives I found a developed picture--I don't know what you call it, but anyway a picture that had been developed from the negative of him holding this rifle, and Detective McCabe was standing there and he found the other picture--of Oswald holding the rifle.
The interesting thing here is that Rose said he found TWO negatives, but the WC said ONLY one negative was found.
Quote on
www.history-matters.com/archive/jfk/wc/wr/pages/WCReport_0076a.gif
The negative of that picture, Commission Exhibit No. 133-B, was found among Oswald’s possessions. (WCR, p. 127)
www.history-matters.com/archive/jfk/wc/wr/html/WCReport_0076a.htm
Quote off
If you keep reading that page you will see a consistent pattern of ONLY ONE negative being mentioned. Why the discrepancy here? What happened to the other negative Rose supposedly found? Why did the WC only say one was found when their evidence shows two were found?
In our last post we saw that McCabe claimed to find the Imperial Reflex camera, but did not take it with him because he thought it had no “evidentiary value”, but if he saw the pictures Rose found, and Rose said he did in his testimony, why did he think this? Could it be due to the “poor condition” that camera was in according to McCabe that he thought there was NO way it had been used? Or was there another reason? We will sadly never know since he was NOT called to testify before the WC despite his important role in all of this.
As we saw in the previous post it is all hearsay that McCabe found the Imperial Reflex camera as the WC tried to get Ruth Paine to help, but she just confirmed it was all hearsay.
Mr. LIEBELER - Do you recall what was among these things that Robert Oswald and Mr. Martin took?
Mrs. PAINE - They took the clothes from the closet, boxes and things that I did not look into. I have heard from the police that it also included an old camera which they had to chase later and went up to Robert Oswald's to find it.
She “heard from the police” that an old camera was found, but she didn’t see it being taken for herself. This is important as it shows she relied on what the police told her and NOT what she saw firsthand. There was NO evidence showing LHO ever took or had Marina take a photograph with the Imperial Reflex camera. Ruth Paine confirmed this in her WC testimony.
Mr. JENNER - Was there any picturetaking during the period, during the fall of 1963, either in New Orleans or in Irving or in Dallas?
Mrs. PAINE - Not by either Lee or Marina that I heard of.
Mr. JENNER - And did you hear any conversation between them in your presence or with you with respect to his or they having a snapshot camera or other type of camera to take pictures?
Mrs. PAINE - No; the only reference to a camera was made by Lee when he held up and showed me a camera he had bought in the Soviet Union and said he couldn't buy film for it in this country. it was a different size.
Mr. JENNER - Did they ever exhibit any snapshots to you?
Mrs. PAINE - Yes; a few snapshots taken in Minsk.
Mr. JENNER - But no snapshots of any scenes in America that they had taken?
Mrs. PAINE - No.
Mr. JENNER - Or people?
Mrs. PAINE - No.
Why would Marina, more likely than LHO, not mention taking the photographs allegedly of LHO holding his weapons? Was this a crime? NO is the answer. In fact, in the 75 photographs obtained through searches and seizures which were confirmed to be authentic, only two were of the Oswalds with their daughter June and it was determined that these were taken at a bus station in Dallas photograph booth. This means we are left to believe that the ONLY two sets of photographs supposedly taken with the Imperial Reflex camera were the two that supposedly showed LHO with his two alleged murder weapons; and the ones of General Walker’s house that he supposedly tried to shoot! Is this believable? He had a small child and no one has ever said that he was not a caring father, so why didn’t he use this camera (if he owned it of course which is in serious doubt) to photograph his little girl June? Or his new baby? No, we are ask to believe he only used it take INCRIMINATING photographs of himself.
The chain of custody for this Imperial Reflex camera is highly doubtful since none of the witnesses that supposedly saw it were called to testify about it, and instead the WC relied on the FBI who they themselves called a “questioned authority”. There is no solid evidence that shows LHO posed for these photographs and that Marina Oswald took these two photographs (the only two she said she had taken in her life up to that point), and when weighed against LHO’s claim that they were fakes we have to consider that they were just that.
We again see evidence in the WC’s twenty-six volumes that does NOT support the conclusion the WC reached in their Report, thus, they are sunk.
thebluepaper.com/wp-content/uploads/Photo_hsca_ex_179.jpg
The Warren Commission (WC) claimed that Lee Harvey Oswald (LHO) had shot and killed President John F. Kennedy (JFK) all by himself on November 22, 1963. They also claimed he shot and killed Dallas Police Officer J.D. Tippit (JDT) on the same day all by himself.
One of their key pieces of evidence for showing LHO allegedly owned the two alleged murder weapons was a pair of photographs that had been allegedly taken on March 31, 1963, in the backyard of the Neeley Street house they were allegedly renting. Thus, they became known as the “Backyard Photographs” (BYPs). These photographs consisted of Commission Exhibit (CE) 133-A and CE 133-B. We have looked at these photographs from many angles in other posts, but we have not looked at how they were supposedly discovered. This post will do that.
******************************************
The Dallas Police Department (DPD) conducted a search on November 22, 1963, but NO photographs were found showing LHO allegedly holding a rile and wearing a holster with a pistol in it. The search on this day was not a legal one since the DPD never secured a search warrant, but this did not stop them from searching the house and garage. As we have seen before in other posts this was NOT legal and violated LHO’s right to privacy as Ruth Paine had no authority to grant them access to LHO’s things despite him leaving them there. I have cited case law before to show this is a true statement.
Michael Paine gave us a snapshot of what went on during this search on Friday afternoon during his WC testimony.
Mr. LIEBELER - This is the Dallas police officer?
Mr. PAINE - Yes, plainclothesman, wearing black hats; one of them had one of those Texas hats. He collected all the useless stuff in our house, he went around and collected all the files of Ruth, and a drawer of cameras, mostly belonging to me. I tried to tell him one of the files contained our music or something like that, and the more I suggested it, that he not bother taking those, the more insistent he was in taking those objects… their [LHO’s] possessions were searched by various waves of succeeding policemen, Dallas, and Irving and FBI, and what not.
Why were the FBI searching anything when they had NO jurisdiction at this point? I guess it could be asked also, why anyone was searching with NO search warrant.
The next day, Saturday, November 23, 1963, Dallas Police Officers John Adamcik, Henry Moore, Guy Rose and Richard Stovall along with Irving Police Department (IPD) Detective John McCabe all returned this time with a search warrant. Upon their arrival, Ruth Paine excused herself to go shopping and left them all alone in her house.
Mr. JENNER - He left your home?
Mrs. PAINE - Anyway, in the afternoon I was the only one there and I felt I had better get some grocery shopping done so as to be prepared for a long stay home just answering the doorbell and telling what I could to the people who wanted to know. I was just preparing to go to the grocery store when several officers arrived again from the Dallas Police Office and asked if they could search.
This time I was in the yard, the front yard on the grass, and asked if they could search and held up their warrant and I said, yes, they could search. They said they were looking for something specific and I said, "I want to go to the grocery store, I'll just go and you go ahead and do your searching."
I then went to the grocery store and when I came back they had finished and left, locking my door which necessitated my getting out my key, I don't normally lock my door when I go shopping.
Representative FORD - While you were shopping and after the officers had come with a warrant, they went in the house, no one was in the house?
Mrs. PAINE - For a portion of the time they were looking, no one was in the house.
Representative FORD - They were there alone?
Mrs. PAINE - That is right.
Mr. McCLOY - Did they indicate--were they still there when you got back?
Mrs. PAINE - No; they were not. Remember the door was locked.
So she was gone the whole time they were there alone in her house, thus, there was NO one to verify that what they claimed to find was actually in the house or garage. During this time the discovery of the two BYPs supposedly occurred. Admacik said during his WC testimony he was in the back of the garage and did not see the photographs being discovered.
Mr. BELIN. Did you find the picture of Oswald with the rifle?
Mr. ADAMCIK. I didn't find it. It was found while I was back in the garage.
Moore said say Rose found the picture allegedly showing LHO with the rifle.
Mr. MOORE. Rose found the picture of Oswald holding the rifle.
Mr. BELIN. Did Rose show it to you out there?
Mr. MOORE. Yes, he did; at the time he found it.
Mr. BELIN. Were you near him when he found it.
Mr. MOORE. Yes.
Mr. BELIN. How far away was he from you?
Mr. MOORE. This was a one-car garage, and it would have to be close. Four men searching in that garage. I would say a matter of 3 or 4 feet.
Stovall would also say Rose found the photographs that would be dubbed the BYPs.
Mr. BALL. Now, at that time did you find any snapshots that appeared to be Oswald in the photograph?
Mr. STOVALL. Yes, sir; Rose did, and when he looked at them, he said, "Look at this." At the time he said that--he showed us the snapshots and the negatives to me.
Mr. BALL. Did they show you what appeared to be Oswald in the snapshots?
Mr. STOVALL. Yes.
Mr. BALL. He had the negatives and snapshots?
Mr. STOVALL. Yes.
Mr. BALL. And he showed Oswald--what was significant about the photograph?
Mr. STOVALL. He was in a standing position just outside of the house holding a rifle in one hand and he was wearing a pistol in a holster on his right hip and he was holding two papers in the other hand.
Rose would confirm that he found the photographs allegedly depicting LHO with the alleged murder weapons (Mannlicher-Carcano (M-C) and .38 Special revolver) in the garage of the Paine’s house.
Mr. BALL. Did you find some pictures?
Mr. ROSE. Yes; I found two negatives first that showed Lee Oswald holding a rifle in his hand, wearing a pistol at his hip, and right with those negatives I found a developed picture--I don't know what you call it, but anyway a picture that had been developed from the negative of him holding this rifle, and Detective McCabe was standing there and he found the other picture--of Oswald holding the rifle.
The interesting thing here is that Rose said he found TWO negatives, but the WC said ONLY one negative was found.
Quote on
www.history-matters.com/archive/jfk/wc/wr/pages/WCReport_0076a.gif
The negative of that picture, Commission Exhibit No. 133-B, was found among Oswald’s possessions. (WCR, p. 127)
www.history-matters.com/archive/jfk/wc/wr/html/WCReport_0076a.htm
Quote off
If you keep reading that page you will see a consistent pattern of ONLY ONE negative being mentioned. Why the discrepancy here? What happened to the other negative Rose supposedly found? Why did the WC only say one was found when their evidence shows two were found?
In our last post we saw that McCabe claimed to find the Imperial Reflex camera, but did not take it with him because he thought it had no “evidentiary value”, but if he saw the pictures Rose found, and Rose said he did in his testimony, why did he think this? Could it be due to the “poor condition” that camera was in according to McCabe that he thought there was NO way it had been used? Or was there another reason? We will sadly never know since he was NOT called to testify before the WC despite his important role in all of this.
As we saw in the previous post it is all hearsay that McCabe found the Imperial Reflex camera as the WC tried to get Ruth Paine to help, but she just confirmed it was all hearsay.
Mr. LIEBELER - Do you recall what was among these things that Robert Oswald and Mr. Martin took?
Mrs. PAINE - They took the clothes from the closet, boxes and things that I did not look into. I have heard from the police that it also included an old camera which they had to chase later and went up to Robert Oswald's to find it.
She “heard from the police” that an old camera was found, but she didn’t see it being taken for herself. This is important as it shows she relied on what the police told her and NOT what she saw firsthand. There was NO evidence showing LHO ever took or had Marina take a photograph with the Imperial Reflex camera. Ruth Paine confirmed this in her WC testimony.
Mr. JENNER - Was there any picturetaking during the period, during the fall of 1963, either in New Orleans or in Irving or in Dallas?
Mrs. PAINE - Not by either Lee or Marina that I heard of.
Mr. JENNER - And did you hear any conversation between them in your presence or with you with respect to his or they having a snapshot camera or other type of camera to take pictures?
Mrs. PAINE - No; the only reference to a camera was made by Lee when he held up and showed me a camera he had bought in the Soviet Union and said he couldn't buy film for it in this country. it was a different size.
Mr. JENNER - Did they ever exhibit any snapshots to you?
Mrs. PAINE - Yes; a few snapshots taken in Minsk.
Mr. JENNER - But no snapshots of any scenes in America that they had taken?
Mrs. PAINE - No.
Mr. JENNER - Or people?
Mrs. PAINE - No.
Why would Marina, more likely than LHO, not mention taking the photographs allegedly of LHO holding his weapons? Was this a crime? NO is the answer. In fact, in the 75 photographs obtained through searches and seizures which were confirmed to be authentic, only two were of the Oswalds with their daughter June and it was determined that these were taken at a bus station in Dallas photograph booth. This means we are left to believe that the ONLY two sets of photographs supposedly taken with the Imperial Reflex camera were the two that supposedly showed LHO with his two alleged murder weapons; and the ones of General Walker’s house that he supposedly tried to shoot! Is this believable? He had a small child and no one has ever said that he was not a caring father, so why didn’t he use this camera (if he owned it of course which is in serious doubt) to photograph his little girl June? Or his new baby? No, we are ask to believe he only used it take INCRIMINATING photographs of himself.
The chain of custody for this Imperial Reflex camera is highly doubtful since none of the witnesses that supposedly saw it were called to testify about it, and instead the WC relied on the FBI who they themselves called a “questioned authority”. There is no solid evidence that shows LHO posed for these photographs and that Marina Oswald took these two photographs (the only two she said she had taken in her life up to that point), and when weighed against LHO’s claim that they were fakes we have to consider that they were just that.
We again see evidence in the WC’s twenty-six volumes that does NOT support the conclusion the WC reached in their Report, thus, they are sunk.