Post by Rob Caprio on Jan 1, 2024 20:53:44 GMT -5
All portions are ©️ Robert Caprio 2006-2024
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The Warren Commission (WC) claimed that Lee Harvey Oswald (LHO) alone assassinated President John F. Kennedy (JFK) on November 22, 1963. Did they ever support this claim? No, is the answer. The evidence that they provided us in their twenty-six volumes of testimony and exhibits does NOT support their claims regarding the crimes they alleged LHO was guilty of.
Furthermore, how they gathered their "evidence" was totally illegal and would never have stood up in a court of law. The FBI and Secret Service (SS) illegally seized the "evidence" on November 22-23, 1963, and took it back to Washington, D.C., with NO jurisdiction for the crime. They also failed to bring someone with jurisdiction (Dallas and Irving Police Departments) with them to maintain the chain of custody for it.
I have looked at the search warrant issue before in this series, but that was in the way of whether they had one or not when they searched. This post will look at whether they ever had a legal search warrant to execute a search of LHO's belongings.
**********************************************
We have seen that on Friday, November 22, 1963, the Dallas Police Department (DPD) had no search warrant to execute a search of the Paine residence but went ahead and searched anyway. This act would have allowed a defense attorney to motion to dismiss ALL the evidence allegedly found at the Paine residence from being entered into evidence with the court when a trial had begun for LHO. (Of course, they were going to make sure that LHO never had a trial.) The police are not allowed to search a suspect's house, car, workplace or anywhere else without a court issued search warrant approved by a JUDGE to protect the rights of the suspect (4th Amendment).
On November 23, 1963, the DPD claimed to have gotten a search warrant and then searched the Paine residence once more. I have covered the issue of a renter or a roommate before in this series. Remember, LHO was NOT the legal owner of the Paine residence, but rather was a person staying there. He had a reasonable expectation of privacy for his belongings. In a previous post I have cited prior rulings showing that a renter or someone staying with someone else has a right to privacy which means the owner CANNOT grant permission to the police to search belongings that do NOT belong to them.
This is an important point as otherwise no renter or employee would be safe from the owner of the property or company from directing the police to you instead of themselves. Now, IF the police presented a case to the judge and said they believed that X hid the murder weapon, drugs, stolen money, etc., in their workplace and that was added to the search warrant then they can search your personal belongings at a place of employment. Otherwise, they can search the company stuff only (for example the filing cabinets, your desk, your computer, etc.), but NOT your briefcase, your handbag if you are a woman, or your coat.
Ruth Paine supposedly granted them permission to search LHO's things and she had NO legal right to do this. IF the police really were planning for a trial, they wouldn't have allowed this to happen as it ruined all the evidence.
Did the DPD obtain a legal search warrant for their searches of the Paine residence and LHO's roomminghouse at 1026 N. Beckley Avenue? If we look at the testimony of Dallas Police Officer Henry Moore we have to reach the conclusion of no. Here is his testimony about this before the WC regarding the search warrant issue.
Mr. BELIN. When did you report for work that day?
Mr. MOORE. Shortly after the assassination, soon as I could get to town.
Mr. BELIN. How shortly after?
Mr. MOORE. 1 or 1:30, somewhere around there. Maybe 2.
Mr. BELIN. You reported down at the main police station?
Mr. MOORE. Yes, sir.
Mr. BELIN. What did you do when you got there?
Mr. MOORE. Well, I helped answer telephones mostly for, oh, I don't know, until the time I went out to North Beckley to search Oswald's room.
Mr. BELIN. At 1026 North Beckley?
Mr. MOORE. Yes; I believe that is right.
Mr. BELIN. About when was that?
Mr. MOORE. I am going to guess around 6 or so in the evening. The notes may show a little closer time.
Mr. BELIN. Did you have a search warrant?
Mr. MOORE. Yes.
Mr. BELIN. Do you know who got it?
Mr. MOORE. The Judge issued it. Judge David Johnston.
Mr. BELIN. Did he go with you there, too?
Mr. MOORE. Yes. (VII, p. 213)
This sounds good, doesn't it? He said they obtained a search warrant from "Judge" David Johnston. The problem with this is that David Johston was NOT a judge of a court but rather a justice of the peace. Here is his testimony on this issue.
Mr. HUBERT. What is your occupation?
Mr. JOHNSTON. I am the elected justice of the peace, precinct No. 2 of Dallas County, Tex.
Mr. HUBERT. Are you a lawyer too?
Mr. JOHNSTON. No, sir; I am not an attorney.
This says it all. He was a justice of the peace and was NOT a lawyer. How could he know the law in order to legally issue a search warrant? He wouldn't of course any more than he would know the law to hold an arraignment as the DPD claimed he did twice for the murders of JFK and Dallas Police Officer J.D. Tippit (JDT). Remember this important point. The DPD claimed a JUSTICE OF THE PEACE was issuing warrants and holding arraignments in this case when ONLY a JUDGE assigned to a court can do these things because they are a lawyer and know the law.
The WC would try to snow us with this long-winded answer to what his duties were however.
Mr. HUBERT. What are the general duties of the justice of the peace in Texas?
Mr. JOHNSTON. The justice of the peace in Texas has civil jurisdiction up to $200 in civil matters; has misdemeanor jurisdiction as provided by the statutes for criminal offenses of a misdemeanor nature in which the fine does not exceed $200 plus the costs. He is the acting coroner under our statutes. He is a magistrate. He can hold courts of inquiry, issue search warrants or any process relevant to a felonious act in the State of Texas.
This is a total falsehood. A Justice of the Peace is someone who deals with minor civil issues and marries people. He cannot be a coroner which requires a medical license, and he cannot deal with issuing warrants which requires a law degree. How would he know what constitutes a legal search with NO law background? How could he conduct an arraignment when he doesn't know the first thing about the law and what the rights of the defendant are? He couldn't of course.
Why didn't the DPD go to a court judge when the murder happened on a Friday and courts were open? (Under the circumstances the courts could have opened under a legal emergency over the weekend as well.) Because they knew no real judge would sign off on their search requests because as we have seen NO investigation could have focused on the true culprit of two crimes in an hour and a half to the point of justifying his guilt. This is why they played this game with a justice of the peace instead.
The WC would continue with this farce by acting like it was normal to go to a justice of the peace (I mean "magistrate") to obtain a search warrant for a murder.
Mr. HUBERT. Had you been called specially for this arraignment, or did you happen to be there?
Mr. JOHNSTON. I was first called to handle the issuance of the search warrant involving the residence at 1026 North Beckley.
Mr. HUBERT. Did you issue that search warrant?
Mr. JOHNSTON. Yes; and not only did I issue the search warrant, I was requested by the officers to go with them and also Assistant District Attorney Bill Alexander was in on that search also, which turned out to be the room in which Lee Harvey Oswald had been living on North Beckley. I was present when that search was made and also seizure of the things that were in his room.
Mr. HUBERT. Under Texas law is a man charged with murder required to be brought before a committing magistrate, such as you, right away?
Mr. JOHNSTON. This can be done immediately forthwith before the magistrate or a reasonable period of time within a reasonable period of time of the filing.
The term "magistrate" is defined as handling minor legal issues (like civil ordinances, minor misdemeanors, marriages, etc.) and NOT major felonies like murder. Johnston had no legal standing to be involved in a major crime like murder as he had NO law background. What he did have is nine years under Sheriff Bill Decker.
Mr. HUBERT. You have been in that office for how long?
Mr. JOHNSTON. I took office January 1, 1959. Prior to that I was with the Dallas County Sheriff's Department for 9 1/2 years.
Mr. HUBERT. Under Sheriff Decker?
Mr. JOHNSTON. Under Sheriff Decker; yes.
If I am wrong about Texas law in 1963 then I feel bad for the people who lived there as a man with NO experience in applying law and no fundamental understanding of our laws being able to issue warrants and holding arraignments for murder charges is a very scary proposition. This sounds like Texas justice to me.
Needless to say at this point in the series, you should know that there was NO real evidence that any arraignment ever took place and rightfully so since Johnston was not a judge of a court. These arraignments could have waited until Monday morning as LHO was not going anywhere, but it seems like someone knew he would not be alive by then, so they claimed to provide him with two arraignments without legal representation. Some law Johnston applied there IF they occurred, and I highly doubt that.
You'll notice another sleight of hand as Moore stated in his testimony that he stayed at the DPD HQ on November 22, 1963, until the warrant was issued and then they went to the roominghouse to search it. IF this is correct, why does the inventory list note the date of the warrant as "November 23, 1963?"
historymatters.com/archive/jfk/wc/wcvols/wh20/pages/WH_Vol20_0326a.jpg
Something doesn't add up here. It sounds like they searched the roominghouse BEFORE they had a warrant as well as the Paine residence. For once the WC noticed this and asked Moore about this.
Mr. BELIN. We will call that Moore Deposition Exhibit No. 1. I might state for the record that this appears to be----what was the last number I gave there----it looks like 11200G, and I might state for the record that these appear also in the Dallas police report file which is known in the President's Commission files as document 81B, pages 280-286, inclusive. I note then on this list it states that the search warrant is dated November 23, 1963, which is 1 day later than the date that you made the search. Do you have any explanation for that?
Mr. MOORE. No; I wouldn't.
Mr. BELIN. Did you see the original search warrant at all, or not?
Mr. MOORE. I don't know.
Now it is making more sense. How do we know there ever was any search warrant since Johnston had no legal authority to issue one for a murder case? Moore never saw one so, how do we know he wasn't just told there was one? We know that they did not have one for the Paine residence on November 22, 1963, because Detective Gus Rose told us so.
Mr. BALL. Did he tell you "the Ruth Paine home," or did he tell you to go to a certain address in Irving?
Mr. ROSE. I believe he gave me the address.
Mr. BALL. What was the address?
Mr. ROSE. 2515 West Fifth in Irving.
Mr. BALL. How many men went out there?
Mr. ROSE. There was me, and Detective Adamcik and Detective Stovall, and on the way, we radioed and asked for a county unit to meet us, and we were met by Detectives Harry Weatherford, E.W. Walthers, and J.L. Oxford, detectives for the county CID--we waited about 40 minutes and they came and met us.
Mr. BALL. Did you have a search warrant?
Mr. ROSE. No; we didn't.
So did Detective Richard Stovall.
Mr. BALL. What did you tell her about that?
Mr. STOVALL. At that time we told her that we wanted to search the house. We explained to her that we did not have a search warrant but if she wanted us to get one we would, and she said, "That won't be necessary"--for us to come right on in, so we went on in the house and started to search out the house, and the part of the house that I searched was the front bedroom where Marina Oswald was staying. There are quite a few items on the list of property I have--I believe you have a copy of it. There are two that were taken out of that bedroom there---a bunch of camera equipment, for one thing.
This is nonsense for a veteran police officer as they know anything that they find with NO warrant will not be admitted in a court of law. Otherwise, the police could search our homes, cars, workplaces, storage units, vacation homes, etc., anytime they wanted for no reason. That is why we have the 4th amendment to protect us. Why would these veteran cops enter and search when they knew it would ruin anything that they found? Was it to plant things for the next day when they claimed to get a legal search warrant?
Rose will talk about getting a search warrant for Jack Ruby's apartment during his WC testimony, but he never says who he went to get it from, and the WC never asked him. Why?
Mr. BALL. Did you take part in any of the search of the premises?
Mr. ROSE. Let's, let's see--that was Saturday, and then Sunday, immediately after Oswald was shot, I reported for duty and I was supposed to be off and I reported on as soon as he was shot and Captain Fritz told me to get a search warrant and go out to Jack Ruby's apartment and search it and I did.
Who issued this search warrant? Johnston mentioned Ruby seventeen times in his WC testimony but never said anything about issuing a search warrant for Ruby's apartment. This is important as IF it was issued a legal way, via a judge in a court of law, then why couldn't they have done this for LHO when he was alive?
Something else that makes all this so interesting, and suspicious, to me is the fact that Moore's testimony was originally classified "Top Secret." Why?
www.maryferrell.org/showDoc.html?docId=233061#relPageId=78
LHO's rights were stomped on. The DPD, FBI, SS and the District Attorney's office of Dallas violated his constitutional rights constantly. The searches were illegal, the confiscation of the body, limousine and "evidence" were illegal, the lineups of LHO were illegal and the so-called search warrants and arraignments of LHO were illegal and unconstitutional. Therefore, the conclusion of the WC is null and void, and they are sunk once more.
s.hdnux.com/photos/24/72/27/5481952/3/1200x0.jpg
i.ytimg.com/vi/XGpkyWt8Cv8/hqdefault.jpg
The Warren Commission (WC) claimed that Lee Harvey Oswald (LHO) alone assassinated President John F. Kennedy (JFK) on November 22, 1963. Did they ever support this claim? No, is the answer. The evidence that they provided us in their twenty-six volumes of testimony and exhibits does NOT support their claims regarding the crimes they alleged LHO was guilty of.
Furthermore, how they gathered their "evidence" was totally illegal and would never have stood up in a court of law. The FBI and Secret Service (SS) illegally seized the "evidence" on November 22-23, 1963, and took it back to Washington, D.C., with NO jurisdiction for the crime. They also failed to bring someone with jurisdiction (Dallas and Irving Police Departments) with them to maintain the chain of custody for it.
I have looked at the search warrant issue before in this series, but that was in the way of whether they had one or not when they searched. This post will look at whether they ever had a legal search warrant to execute a search of LHO's belongings.
**********************************************
We have seen that on Friday, November 22, 1963, the Dallas Police Department (DPD) had no search warrant to execute a search of the Paine residence but went ahead and searched anyway. This act would have allowed a defense attorney to motion to dismiss ALL the evidence allegedly found at the Paine residence from being entered into evidence with the court when a trial had begun for LHO. (Of course, they were going to make sure that LHO never had a trial.) The police are not allowed to search a suspect's house, car, workplace or anywhere else without a court issued search warrant approved by a JUDGE to protect the rights of the suspect (4th Amendment).
On November 23, 1963, the DPD claimed to have gotten a search warrant and then searched the Paine residence once more. I have covered the issue of a renter or a roommate before in this series. Remember, LHO was NOT the legal owner of the Paine residence, but rather was a person staying there. He had a reasonable expectation of privacy for his belongings. In a previous post I have cited prior rulings showing that a renter or someone staying with someone else has a right to privacy which means the owner CANNOT grant permission to the police to search belongings that do NOT belong to them.
This is an important point as otherwise no renter or employee would be safe from the owner of the property or company from directing the police to you instead of themselves. Now, IF the police presented a case to the judge and said they believed that X hid the murder weapon, drugs, stolen money, etc., in their workplace and that was added to the search warrant then they can search your personal belongings at a place of employment. Otherwise, they can search the company stuff only (for example the filing cabinets, your desk, your computer, etc.), but NOT your briefcase, your handbag if you are a woman, or your coat.
Ruth Paine supposedly granted them permission to search LHO's things and she had NO legal right to do this. IF the police really were planning for a trial, they wouldn't have allowed this to happen as it ruined all the evidence.
Did the DPD obtain a legal search warrant for their searches of the Paine residence and LHO's roomminghouse at 1026 N. Beckley Avenue? If we look at the testimony of Dallas Police Officer Henry Moore we have to reach the conclusion of no. Here is his testimony about this before the WC regarding the search warrant issue.
Mr. BELIN. When did you report for work that day?
Mr. MOORE. Shortly after the assassination, soon as I could get to town.
Mr. BELIN. How shortly after?
Mr. MOORE. 1 or 1:30, somewhere around there. Maybe 2.
Mr. BELIN. You reported down at the main police station?
Mr. MOORE. Yes, sir.
Mr. BELIN. What did you do when you got there?
Mr. MOORE. Well, I helped answer telephones mostly for, oh, I don't know, until the time I went out to North Beckley to search Oswald's room.
Mr. BELIN. At 1026 North Beckley?
Mr. MOORE. Yes; I believe that is right.
Mr. BELIN. About when was that?
Mr. MOORE. I am going to guess around 6 or so in the evening. The notes may show a little closer time.
Mr. BELIN. Did you have a search warrant?
Mr. MOORE. Yes.
Mr. BELIN. Do you know who got it?
Mr. MOORE. The Judge issued it. Judge David Johnston.
Mr. BELIN. Did he go with you there, too?
Mr. MOORE. Yes. (VII, p. 213)
This sounds good, doesn't it? He said they obtained a search warrant from "Judge" David Johnston. The problem with this is that David Johston was NOT a judge of a court but rather a justice of the peace. Here is his testimony on this issue.
Mr. HUBERT. What is your occupation?
Mr. JOHNSTON. I am the elected justice of the peace, precinct No. 2 of Dallas County, Tex.
Mr. HUBERT. Are you a lawyer too?
Mr. JOHNSTON. No, sir; I am not an attorney.
This says it all. He was a justice of the peace and was NOT a lawyer. How could he know the law in order to legally issue a search warrant? He wouldn't of course any more than he would know the law to hold an arraignment as the DPD claimed he did twice for the murders of JFK and Dallas Police Officer J.D. Tippit (JDT). Remember this important point. The DPD claimed a JUSTICE OF THE PEACE was issuing warrants and holding arraignments in this case when ONLY a JUDGE assigned to a court can do these things because they are a lawyer and know the law.
The WC would try to snow us with this long-winded answer to what his duties were however.
Mr. HUBERT. What are the general duties of the justice of the peace in Texas?
Mr. JOHNSTON. The justice of the peace in Texas has civil jurisdiction up to $200 in civil matters; has misdemeanor jurisdiction as provided by the statutes for criminal offenses of a misdemeanor nature in which the fine does not exceed $200 plus the costs. He is the acting coroner under our statutes. He is a magistrate. He can hold courts of inquiry, issue search warrants or any process relevant to a felonious act in the State of Texas.
This is a total falsehood. A Justice of the Peace is someone who deals with minor civil issues and marries people. He cannot be a coroner which requires a medical license, and he cannot deal with issuing warrants which requires a law degree. How would he know what constitutes a legal search with NO law background? How could he conduct an arraignment when he doesn't know the first thing about the law and what the rights of the defendant are? He couldn't of course.
Why didn't the DPD go to a court judge when the murder happened on a Friday and courts were open? (Under the circumstances the courts could have opened under a legal emergency over the weekend as well.) Because they knew no real judge would sign off on their search requests because as we have seen NO investigation could have focused on the true culprit of two crimes in an hour and a half to the point of justifying his guilt. This is why they played this game with a justice of the peace instead.
The WC would continue with this farce by acting like it was normal to go to a justice of the peace (I mean "magistrate") to obtain a search warrant for a murder.
Mr. HUBERT. Had you been called specially for this arraignment, or did you happen to be there?
Mr. JOHNSTON. I was first called to handle the issuance of the search warrant involving the residence at 1026 North Beckley.
Mr. HUBERT. Did you issue that search warrant?
Mr. JOHNSTON. Yes; and not only did I issue the search warrant, I was requested by the officers to go with them and also Assistant District Attorney Bill Alexander was in on that search also, which turned out to be the room in which Lee Harvey Oswald had been living on North Beckley. I was present when that search was made and also seizure of the things that were in his room.
Mr. HUBERT. Under Texas law is a man charged with murder required to be brought before a committing magistrate, such as you, right away?
Mr. JOHNSTON. This can be done immediately forthwith before the magistrate or a reasonable period of time within a reasonable period of time of the filing.
The term "magistrate" is defined as handling minor legal issues (like civil ordinances, minor misdemeanors, marriages, etc.) and NOT major felonies like murder. Johnston had no legal standing to be involved in a major crime like murder as he had NO law background. What he did have is nine years under Sheriff Bill Decker.
Mr. HUBERT. You have been in that office for how long?
Mr. JOHNSTON. I took office January 1, 1959. Prior to that I was with the Dallas County Sheriff's Department for 9 1/2 years.
Mr. HUBERT. Under Sheriff Decker?
Mr. JOHNSTON. Under Sheriff Decker; yes.
If I am wrong about Texas law in 1963 then I feel bad for the people who lived there as a man with NO experience in applying law and no fundamental understanding of our laws being able to issue warrants and holding arraignments for murder charges is a very scary proposition. This sounds like Texas justice to me.
Needless to say at this point in the series, you should know that there was NO real evidence that any arraignment ever took place and rightfully so since Johnston was not a judge of a court. These arraignments could have waited until Monday morning as LHO was not going anywhere, but it seems like someone knew he would not be alive by then, so they claimed to provide him with two arraignments without legal representation. Some law Johnston applied there IF they occurred, and I highly doubt that.
You'll notice another sleight of hand as Moore stated in his testimony that he stayed at the DPD HQ on November 22, 1963, until the warrant was issued and then they went to the roominghouse to search it. IF this is correct, why does the inventory list note the date of the warrant as "November 23, 1963?"
historymatters.com/archive/jfk/wc/wcvols/wh20/pages/WH_Vol20_0326a.jpg
Something doesn't add up here. It sounds like they searched the roominghouse BEFORE they had a warrant as well as the Paine residence. For once the WC noticed this and asked Moore about this.
Mr. BELIN. We will call that Moore Deposition Exhibit No. 1. I might state for the record that this appears to be----what was the last number I gave there----it looks like 11200G, and I might state for the record that these appear also in the Dallas police report file which is known in the President's Commission files as document 81B, pages 280-286, inclusive. I note then on this list it states that the search warrant is dated November 23, 1963, which is 1 day later than the date that you made the search. Do you have any explanation for that?
Mr. MOORE. No; I wouldn't.
Mr. BELIN. Did you see the original search warrant at all, or not?
Mr. MOORE. I don't know.
Now it is making more sense. How do we know there ever was any search warrant since Johnston had no legal authority to issue one for a murder case? Moore never saw one so, how do we know he wasn't just told there was one? We know that they did not have one for the Paine residence on November 22, 1963, because Detective Gus Rose told us so.
Mr. BALL. Did he tell you "the Ruth Paine home," or did he tell you to go to a certain address in Irving?
Mr. ROSE. I believe he gave me the address.
Mr. BALL. What was the address?
Mr. ROSE. 2515 West Fifth in Irving.
Mr. BALL. How many men went out there?
Mr. ROSE. There was me, and Detective Adamcik and Detective Stovall, and on the way, we radioed and asked for a county unit to meet us, and we were met by Detectives Harry Weatherford, E.W. Walthers, and J.L. Oxford, detectives for the county CID--we waited about 40 minutes and they came and met us.
Mr. BALL. Did you have a search warrant?
Mr. ROSE. No; we didn't.
So did Detective Richard Stovall.
Mr. BALL. What did you tell her about that?
Mr. STOVALL. At that time we told her that we wanted to search the house. We explained to her that we did not have a search warrant but if she wanted us to get one we would, and she said, "That won't be necessary"--for us to come right on in, so we went on in the house and started to search out the house, and the part of the house that I searched was the front bedroom where Marina Oswald was staying. There are quite a few items on the list of property I have--I believe you have a copy of it. There are two that were taken out of that bedroom there---a bunch of camera equipment, for one thing.
This is nonsense for a veteran police officer as they know anything that they find with NO warrant will not be admitted in a court of law. Otherwise, the police could search our homes, cars, workplaces, storage units, vacation homes, etc., anytime they wanted for no reason. That is why we have the 4th amendment to protect us. Why would these veteran cops enter and search when they knew it would ruin anything that they found? Was it to plant things for the next day when they claimed to get a legal search warrant?
Rose will talk about getting a search warrant for Jack Ruby's apartment during his WC testimony, but he never says who he went to get it from, and the WC never asked him. Why?
Mr. BALL. Did you take part in any of the search of the premises?
Mr. ROSE. Let's, let's see--that was Saturday, and then Sunday, immediately after Oswald was shot, I reported for duty and I was supposed to be off and I reported on as soon as he was shot and Captain Fritz told me to get a search warrant and go out to Jack Ruby's apartment and search it and I did.
Who issued this search warrant? Johnston mentioned Ruby seventeen times in his WC testimony but never said anything about issuing a search warrant for Ruby's apartment. This is important as IF it was issued a legal way, via a judge in a court of law, then why couldn't they have done this for LHO when he was alive?
Something else that makes all this so interesting, and suspicious, to me is the fact that Moore's testimony was originally classified "Top Secret." Why?
www.maryferrell.org/showDoc.html?docId=233061#relPageId=78
LHO's rights were stomped on. The DPD, FBI, SS and the District Attorney's office of Dallas violated his constitutional rights constantly. The searches were illegal, the confiscation of the body, limousine and "evidence" were illegal, the lineups of LHO were illegal and the so-called search warrants and arraignments of LHO were illegal and unconstitutional. Therefore, the conclusion of the WC is null and void, and they are sunk once more.