Trial of Clay Shaw
Encyclopedia
On March 1, 1967, New Orleans District Attorney
Jim Garrison
arrested and charged New Orleans businessman Clay Shaw
with conspiring to assassinate President Kennedy
, with the help of Lee Harvey Oswald
, David Ferrie
, and others. On January 29, 1969, Shaw was brought to trial in Orleans Parish Criminal Court on these charges. A jury took less than an hour to find Shaw not guilty. To date, it is the only trial to be brought for the assassination of President Kennedy
.
and Jack Martin. On November 22, 1963, the day that President John F Kennedy was assassinated, Banister pistol whipped
Martin after a heated exchange. (There are different accounts as to whether the argument was over phone bills or missing files.)
Over the next few days, Jack Martin told authorities and reporters that Banister had often been in the company of a man named David Ferrie
who, Martin said, might have been involved in the assassination of John F. Kennedy
. Martin told the New Orleans police that Ferrie knew accused assassin Lee Harvey Oswald
going back to when both men had served together in the New Orleans Civil Air Patrol
and that Ferrie "was supposed to have been the getaway pilot in the assassination." Martin also said that Ferrie had driven to Dallas the night before the assassination, a trip which Ferrie explained as research for a prospective business venture to determine "...the feasibility and possibility of opening an ice skating rink in New Orleans."
Some of this information reached New Orleans District Attorney Jim Garrison, who quickly arrested Ferrie and turned him over to the Federal Bureau of Investigation
(FBI), which interviewed Ferrie and Martin on November 25. Martin told the FBI that Ferrie might have hypnotized Oswald into assassinating Kennedy. The FBI considered Martin unreliable. Nevertheless, the FBI interviewed Ferrie twice about Martin's allegations. The FBI also interviewed about twenty other persons in connection with the allegations, said that it was unable to develop a substantial case against Ferrie, and released him with an apology. (A later investigation, by the House Select Committee on Assassinations, concluded that the FBI's "...overall investigation ... at the time of the assassination was not thorough.")
In the autumn of 1966, Garrison began to re-examine the Kennedy assassination. Guy Banister
had died of a heart attack in 1964, but Garrison re-interviewed Jack Martin
, who told the district attorney that Banister and his associates were involved in stealing weapons and ammunition from armories and in gunrunning. Garrison believed that the men were part of an arms smuggling ring supplying anti-Castro Cubans with weapons."
Journalist James Phelan said Garrison told him that the assassination was a "homosexual thrill killing." However, as Garrison continued his investigation he became convinced that a group of right-wing activists, which he believed included David Ferrie, Guy Banister, and Clay Shaw
(director of the International Trade Mart in New Orleans), were involved in a conspiracy with elements of the Central Intelligence Agency
(CIA) to kill President Kennedy. Garrison would later say that the motive for the assassination was anger over Kennedy's foreign policy, especially Kennedy's efforts to find a political, rather than a military, solution in Cuba
and Southeast Asia
, and his efforts toward a rapprochement with the Soviet Union
. Garrison also believed that Shaw, Banister, and Ferrie had conspired to set up Oswald as a patsy in the JFK assassination. News of Garrison's investigation was reported in the New Orleans States-Item on February 17, 1967.
On February 22, 1967, less than a week after the newspaper broke the story of Garrison's investigation, David Ferrie
, then his chief suspect, was found dead in his apartment from a Berry Aneurysm. Garrison suspected that Ferrie had been murdered despite the coroner's report that his death was due to natural causes. (In seeming contradiction to the natural causes explanation, Garrison's investigators purportedly found two typed suicide notes in Ferrie's apartment.) According to Garrison, the day news of the investigation broke, Ferrie had called his aide Lou Ivon and warned that "I'm a dead man".
With Ferrie dead, Garrison began to focus his attention on Clay Shaw
, director of the International Trade Mart. Garrison had Shaw arrested on March 1, 1967, charging him with being part of a conspiracy in the John F. Kennedy assassination
.
Earlier, Garrison had been searching for a "Clay Bertrand," a man referred to in the Warren Commission
report. New Orleans attorney Dean Andrews
, testified to the Warren Commission that while he was hosptialized for pneumonia, he received a call from "Clay Bertrand" the day after the assassination, asking him to fly to Dallas to represent Lee Harvey Oswald
. According to FBI reports, Andrews told them that this phone call from "Clay Bertrand" was a figment of his imagination. However, Andrews testified to the Warren Commission that the reason he told the FBI this was because of FBI harassment.
In his book, On the Trail of the Assassins
, Garrison says that after a long search of the New Orleans French Quarter, his staff was informed by the bartender at the tavern “Cosimo’s” that "Clay Bertrand" was the alias that Clay Shaw used. According to Garrison, the bartender felt it was no big secret and “my men began encountering one person after another in the French Quarter who confirmed that it was common knowledge that 'Clay Bertrand' was the name Clay Shaw went by.” However, a February 25, 1967 memo by Garrison investigator Lou Ivon to Jim Garrison states that he could not locate a Clay Bertrand despite numerous inquiries and contacts.
When Garrison's evidence was presented to a New Orleans grand jury, Clay Shaw
was indicted on a charge that he conspired with David W. Ferrie, Lee Harvey Oswald
, and others named and charged to murder John F. Kennedy." A three-judge panel upheld the indictment and ordered Shaw to a jury trial.
, claimed that he was contacted the day after the assassination by a "Clay Bertrand" who requested that he go to Dallas, Texas
to represent Lee Harvey Oswald.
At the trial, the prosecution sought to have entered into evidence a fingerprint card with Clay Shaw's signature on it and, which also had on it, Shaw's admission that he had used the alias "Clay Bertrand." In regard to this, Judge Edward Haggerty, after dismissing the jury, conducted a day long hearing, in which he ruled the fingerprint card inadmissible. He said that two policemen had violated Shaw's constitutional rights by not permitting the defendant to have his lawyer present during the fingerprinting. Judge Haggerty also announced that Officer Habighorst had violated Miranda v. Arizona
and Escobedo v. Illinois
by not informing Clay Shaw that he had the right to remain silent. The judge said that Habighorst had violated Shaw's rights by allegedly questioning him about an alias, adding, "Even if he did [ask the question about an alias] it is not admissible." Judge Haggerty exclaimed, "If Officer Habighorst is telling the truth — and I seriously doubt it!" The judge finished with the statement, "I do not believe Officer Habighorst!"
Jim Garrison's key witness against Clay Shaw was Perry Russo. Russo testified that he had attended a party at the apartment of anti-Castro activist David Ferrie
. At the party, Russo said that Lee Harvey Oswald
(who Russo said was introduced to him as "Leon Oswald"), David Ferrie, and "Clem Bertrand" (who Russo identified in the courtroom as Clay Shaw) had discussed killing Kennedy. The conversation included plans for the "triangulation of crossfire" and alibis for the participants. Russo’s version of events has been questioned by some historians and researchers, such as Patricia Lambert, once it became known that some of his testimony was induced by hypnotism and by the drug sodium pentothal, sometimes called "truth serum."
Moreover, a memo detailing a pre-hypnosis interview with Russo in Baton Rouge, along with two hypnosis session transcripts, had been given to Saturday Evening Post reporter James Phelan by Garrison. There were differences between the two accounts. Both Russo and Assistant D.A. Andrew Sciambra testified under cross examination that more was said at the interview, but omitted from the pre-hypnosis memorandum. James Phelan testified that Russo admitted to him in March 1967 that a February 25 memorandum of the interview, which contained no recollection of an "assassination party," was accurate. However, in several public interviews, such as one shown in the video The JFK Assassination: The Jim Garrison Tapes, Russo reiterates the same account of an "assassination party" that he gave at the trial.
In addition to the issue of Russo's credibility, Garrison's case also included other questionable witnesses, such as Vernon Bundy, a heroin addict, and Charles Spiesel, who testified that he had been repeatedly hypnotized by government agencies. However, defenders of Garrison, such as journalist and researcher Jim Marrs
, argue that Garrison's case was hampered by missing witnesses that Garrison had sought out. These witnesses included right-wing Cuban exile, Sergio Arcacha Smith, head of the CIA-backed, anti-Castro Cuban Democratic Revolutionary Front
in New Orleans, a group that David Ferrie was reputedly "extremely active in", and a group that maintained an office in the same building as Guy Bannister. According to Garrison, these witnesses had fled New Orleans to states whose governors refused to honor Garrison's extradition requests. However, Sergio Arcacha Smith had left New Orleans well before Garrison began his investigation and was willing to speak with Garrison's investigators if he was allowed to have legal representation present. Further, witnesses Gordon Novel from Ohio may have been extradited if Garrison pressed the case in Ohio and Sandra Moffett was offered by the defense but opposed by Garrison's prosecution.
The testimony of witnesses who placed Clay Shaw, David Ferrie and Oswald together in Clinton, Louisiana the summer before the assassination has also been deemed not credible by some researchers, including Gerald Posner and Patricia Lambert. However, when the House Select Committee on Assassinations released its Final Report in 1979, it stated that after interviewing the Clinton witnesses it "found that the Clinton witnesses were credible and significant" and that "it was the judgment of the committee that they were telling the truth as they knew it."
Attorney and author Mark Lane
said that he interviewed several jurors after the trial. Although these interviews have never been published, Lane said that some of the jurors believed that Garrison had in fact proven a conspiracy to kill President Kennedy, but that Garrison had not adequately linked the conspiracy to Shaw or provided a motive. However, author and playwright James Kirkwood
, who was a personal friend of Clay Shaw, said that he spoke to several jury members who denied ever speaking to Lane. Kirkwood also cast doubt on Lane's claim that the jury believed there was a conspiracy. In his book American Grotesque, Kirkwood said that jury foreman Sidney Hebert told him: "I didn't think too much of the Warren Report either until the trial. Now I think a lot more of it than I did before...."
. This book served as one of the main sources for Oliver Stone's
movie JFK
. In the movie, this trial serves as the back story for Stone's account of the assassination of John F. Kennedy
.
In 1979, the House Select Committee on Assassinations stated that available records "...lent substantial credence to the possibility that Oswald and [David] Ferrie had been involved in
the same [Civil Air Patrol] C.A.P. unit during the same period of time." Committee investigators found six witnesses who said that Oswald had been present at Civil Air Patrol meetings headed by David Ferrie.
In 1993, the PBS television program Frontline obtained a group photograph, taken eight years before the assassination, that showed Oswald and Ferrie at a cookout with other Civil Air Patrol cadets. However, as Frontline executive producer Michael Sullivan said, "one should be cautious in ascribing its meaning. The photograph does give much support to the eyewitnesses who say they saw Ferrie and Oswald together in the C.A.P., and it makes Ferrie's denials that he ever knew Oswald less credible. But it does not prove that the two men were with each other in 1963, nor that they were involved in a conspiracy to kill the president."
In a 1992 interview, Edward Haggerty, who was the judge at the Clay Shaw trial, stated: "I believe he [Shaw] was lying to the jury. Of course, the jury probably believed him. But I think Shaw put a good con job on the jury."
In On the Trail of the Assassins
, Garrison states that Shaw had an "...extensive international role as an employee of the CIA." Shaw denied that he had had any connection with the CIA.
In 1979, Richard Helms
, former director of the CIA, testified under oath that Clay Shaw had been a part-time contact of the Domestic Contact Service of the CIA, where Shaw volunteered information from his travels abroad, mostly to Latin America. By the mid-1970s, 150,000 Americans (businessmen, and journalists, etc.) had provided such information to the DCS. In 1996, the CIA revealed that Clay Shaw had obtained a "five Agency" clearance in 1949.
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
Jim Garrison
Jim Garrison
Earling Carothers "Jim" Garrison — who changed his first name to Jim in the early 1960s — was the District Attorney of Orleans Parish, Louisiana from 1962 to 1973. A member of the Democratic Party, he is best known for his investigations into the assassination of President John F. Kennedy...
arrested and charged New Orleans businessman Clay Shaw
Clay Shaw
Clay Laverne Shaw was a businessman in New Orleans, Louisiana. He was the only person prosecuted in connection with the assassination of President John F. Kennedy and was found not guilty.-Biography:...
with conspiring to assassinate President Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
, with the help of Lee Harvey Oswald
Lee Harvey Oswald
Lee Harvey Oswald was, according to four government investigations,These were investigations by: the Federal Bureau of Investigation , the Warren Commission , the House Select Committee on Assassinations , and the Dallas Police Department. the sniper who assassinated John F...
, David Ferrie
David Ferrie
David William Ferrie was a pilot who was alleged to have been involved in a conspiracy to assassinate President John F. Kennedy. New Orleans District Attorney Jim Garrison later claimed to have proven Ferrie's involvement and that he knew Lee Harvey Oswald. Ferrie denied such involvement.-Early...
, and others. On January 29, 1969, Shaw was brought to trial in Orleans Parish Criminal Court on these charges. A jury took less than an hour to find Shaw not guilty. To date, it is the only trial to be brought for the assassination of President Kennedy
John F. Kennedy assassination
John Fitzgerald Kennedy, the thirty-fifth President of the United States, was assassinated at 12:30 p.m. Central Standard Time on Friday, November 22, 1963, in Dealey Plaza, Dallas, Texas...
.
Charges
To support his prosecution of Clay Shaw, Garrison attempted to prove the following:- Clay Shaw was the "Clay BertrandClay BertrandClay Bertrand is a man referred to in the Warren Commission Report regarding the assassination of President John F. Kennedy in 1963.New Orleans attorney Dean Andrews testified to the Warren Commission that he received a call from "Clay Bertrand," the day after the assassination of President...
" who purportedly contacted New Orleans attorney Dean AndrewsDean Andrews Jr.Dean Adams Andrews Jr. was an attorney in New Orleans, Louisiana. He was questioned by Jim Garrison in regards to his Warren Commission testimony in which he had mentioned a man named "Clay Bertrand" having called him shortly after John F. Kennedy's assassination to represent Lee Harvey Oswald in...
, to see whether Andrews would be interested in representing Oswald at trial. - Witnesses testified that they saw Oswald with Clay Shaw and David Ferrie in Clinton, LouisianaClinton, LouisianaClinton is a town in and the parish seat of East Feliciana Parish, Louisiana, United States. The town was named for New York Governor DeWitt Clinton. The population was 1,998 at the 2000 census. It is part of the Baton Rouge Metropolitan Statistical Area....
just two months before the JFK assassinationJohn F. Kennedy assassinationJohn Fitzgerald Kennedy, the thirty-fifth President of the United States, was assassinated at 12:30 p.m. Central Standard Time on Friday, November 22, 1963, in Dealey Plaza, Dallas, Texas...
. - Vernon Bundy testified that he saw Lee Oswald and Clay Shaw together, on the seawall along Lake PontchartrainLake PontchartrainLake Pontchartrain is a brackish estuary located in southeastern Louisiana. It is the second-largest inland saltwater body of water in the United States, after the Great Salt Lake in Utah, and the largest lake in Louisiana. As an estuary, Pontchartrain is not a true lake.It covers an area of with...
, in New Orleans during July 1963. He said that Shaw spoke with Oswald and gave Oswald some money. - Perry Russo testified that Clay Shaw, Oswald, and David Ferrie were present at a party at Ferrie's New Orleans apartment in September 1963, during which they discussed the assassination of JFK, including the "triangulation of crossfire" and the need to have an alibi for that day.
Key persons and witnesses
- Jim GarrisonJim GarrisonEarling Carothers "Jim" Garrison — who changed his first name to Jim in the early 1960s — was the District Attorney of Orleans Parish, Louisiana from 1962 to 1973. A member of the Democratic Party, he is best known for his investigations into the assassination of President John F. Kennedy...
, District Attorney of New Orleans, who believed, at various points, that the John F. Kennedy assassination had been the work of Central Intelligence AgencyCentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
personnel, anti-Castro Cuban exileCuban exileThe term "Cuban exile" refers to the many Cubans who have sought alternative political or economic conditions outside the island, dating back to the Ten Years' War and the struggle for Cuban independence during the 19th century...
s, "a homosexual thrill killing," and ultra right-wing activists. "My staff and I solved the case weeks ago," Garrison announced in February 1967. "I wouldn't say this if we didn't have evidence beyond a shadow of a doubt." - Clay ShawClay ShawClay Laverne Shaw was a businessman in New Orleans, Louisiana. He was the only person prosecuted in connection with the assassination of President John F. Kennedy and was found not guilty.-Biography:...
, a successful businessman, playwright, pioneer of restoration in New Orleans' French Quarter, and director of the International Trade MartInternational Trade MartThe International Trade Mart is an organization promoting international trade and the Port of New Orleans.The World Trade Mart was chartered in 1945, first opened its doors in 1948, and in 1985, merged with International House to form the World Trade Center New Orleans, a private, non-profit...
in New Orleans. - Perry Russo, who, after David Ferrie's death, informed Garrison's office that he had known Ferrie in the early 1960s and that Ferrie had spoken about assassinating the President. He became Garrison's main witness when he claimed to have overheard Ferrie plotting the assassination with a white-haired man named Clem Bertrand, whom he later identified in court as Clay Shaw.
- David FerrieDavid FerrieDavid William Ferrie was a pilot who was alleged to have been involved in a conspiracy to assassinate President John F. Kennedy. New Orleans District Attorney Jim Garrison later claimed to have proven Ferrie's involvement and that he knew Lee Harvey Oswald. Ferrie denied such involvement.-Early...
, a former Eastern Airlines pilot and associate of Guy Banister. Ferrie drove from New Orleans to Houston on the night of the assassination with two friends, Alvin Beauboeuf and Melvin Coffey. The trip was investigated by the New Orleans Police Department, the Houston Police, the Federal Bureau of InvestigationFederal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
, and the Texas RangersTexas Ranger DivisionThe Texas Ranger Division, commonly called the Texas Rangers, is a law enforcement agency with statewide jurisdiction in Texas, and is based in Austin, Texas...
. These investigative units said that they were unable to develop a case against Ferrie, and Garrison initially accepted their conclusions. Three years later, however, Garrison became suspicious of the Warren Commission version of the assassination, after a chance conversation with Louisiana Senator Russell Long. Ferrie died on February 22, 1967, less than a week after news of Garrison's investigation broke in the media. Garrison later called Ferrie "one of history's most important individuals".
Background
The origins of Garrison's case can be traced to an argument between New Orleans residents Guy BanisterGuy Banister
William Guy Banister was a career member of the Federal Bureau of Investigation and a private investigator. He gained notoriety from the allegations made by New Orleans District Attorney Jim Garrison, after Banister's death, that he had been involved in the assassination of John F. Kennedy...
and Jack Martin. On November 22, 1963, the day that President John F Kennedy was assassinated, Banister pistol whipped
Pistol-whipping
Pistol-whipping is the act of using a handgun as a blunt weapon, wielding it as if it were a club or blackjack. "Pistol-whipping" and "to pistol-whip" were reported as "new words" of American speech in 1955, with cited usages from 1940s...
Martin after a heated exchange. (There are different accounts as to whether the argument was over phone bills or missing files.)
Over the next few days, Jack Martin told authorities and reporters that Banister had often been in the company of a man named David Ferrie
David Ferrie
David William Ferrie was a pilot who was alleged to have been involved in a conspiracy to assassinate President John F. Kennedy. New Orleans District Attorney Jim Garrison later claimed to have proven Ferrie's involvement and that he knew Lee Harvey Oswald. Ferrie denied such involvement.-Early...
who, Martin said, might have been involved in the assassination of John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
. Martin told the New Orleans police that Ferrie knew accused assassin Lee Harvey Oswald
Lee Harvey Oswald
Lee Harvey Oswald was, according to four government investigations,These were investigations by: the Federal Bureau of Investigation , the Warren Commission , the House Select Committee on Assassinations , and the Dallas Police Department. the sniper who assassinated John F...
going back to when both men had served together in the New Orleans Civil Air Patrol
Civil Air Patrol
Civil Air Patrol is a Congressionally chartered, federally supported, non-profit corporation that serves as the official civilian auxiliary of the United States Air Force . CAP is a volunteer organization with an aviation-minded membership that includes people from all backgrounds, lifestyles, and...
and that Ferrie "was supposed to have been the getaway pilot in the assassination." Martin also said that Ferrie had driven to Dallas the night before the assassination, a trip which Ferrie explained as research for a prospective business venture to determine "...the feasibility and possibility of opening an ice skating rink in New Orleans."
Some of this information reached New Orleans District Attorney Jim Garrison, who quickly arrested Ferrie and turned him over to the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI), which interviewed Ferrie and Martin on November 25. Martin told the FBI that Ferrie might have hypnotized Oswald into assassinating Kennedy. The FBI considered Martin unreliable. Nevertheless, the FBI interviewed Ferrie twice about Martin's allegations. The FBI also interviewed about twenty other persons in connection with the allegations, said that it was unable to develop a substantial case against Ferrie, and released him with an apology. (A later investigation, by the House Select Committee on Assassinations, concluded that the FBI's "...overall investigation ... at the time of the assassination was not thorough.")
In the autumn of 1966, Garrison began to re-examine the Kennedy assassination. Guy Banister
Guy Banister
William Guy Banister was a career member of the Federal Bureau of Investigation and a private investigator. He gained notoriety from the allegations made by New Orleans District Attorney Jim Garrison, after Banister's death, that he had been involved in the assassination of John F. Kennedy...
had died of a heart attack in 1964, but Garrison re-interviewed Jack Martin
Jack Martin
Jack Martin may refer to:* Jack Martin , former coach at Lamar University* Jack Martin , English Test cricketer* Jack Martin , Major League Baseball player in the 1910s...
, who told the district attorney that Banister and his associates were involved in stealing weapons and ammunition from armories and in gunrunning. Garrison believed that the men were part of an arms smuggling ring supplying anti-Castro Cubans with weapons."
Journalist James Phelan said Garrison told him that the assassination was a "homosexual thrill killing." However, as Garrison continued his investigation he became convinced that a group of right-wing activists, which he believed included David Ferrie, Guy Banister, and Clay Shaw
Clay Shaw
Clay Laverne Shaw was a businessman in New Orleans, Louisiana. He was the only person prosecuted in connection with the assassination of President John F. Kennedy and was found not guilty.-Biography:...
(director of the International Trade Mart in New Orleans), were involved in a conspiracy with elements of the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
(CIA) to kill President Kennedy. Garrison would later say that the motive for the assassination was anger over Kennedy's foreign policy, especially Kennedy's efforts to find a political, rather than a military, solution in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
and Southeast Asia
Southeast Asia
Southeast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...
, and his efforts toward a rapprochement with the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. Garrison also believed that Shaw, Banister, and Ferrie had conspired to set up Oswald as a patsy in the JFK assassination. News of Garrison's investigation was reported in the New Orleans States-Item on February 17, 1967.
On February 22, 1967, less than a week after the newspaper broke the story of Garrison's investigation, David Ferrie
David Ferrie
David William Ferrie was a pilot who was alleged to have been involved in a conspiracy to assassinate President John F. Kennedy. New Orleans District Attorney Jim Garrison later claimed to have proven Ferrie's involvement and that he knew Lee Harvey Oswald. Ferrie denied such involvement.-Early...
, then his chief suspect, was found dead in his apartment from a Berry Aneurysm. Garrison suspected that Ferrie had been murdered despite the coroner's report that his death was due to natural causes. (In seeming contradiction to the natural causes explanation, Garrison's investigators purportedly found two typed suicide notes in Ferrie's apartment.) According to Garrison, the day news of the investigation broke, Ferrie had called his aide Lou Ivon and warned that "I'm a dead man".
With Ferrie dead, Garrison began to focus his attention on Clay Shaw
Clay Shaw
Clay Laverne Shaw was a businessman in New Orleans, Louisiana. He was the only person prosecuted in connection with the assassination of President John F. Kennedy and was found not guilty.-Biography:...
, director of the International Trade Mart. Garrison had Shaw arrested on March 1, 1967, charging him with being part of a conspiracy in the John F. Kennedy assassination
John F. Kennedy assassination
John Fitzgerald Kennedy, the thirty-fifth President of the United States, was assassinated at 12:30 p.m. Central Standard Time on Friday, November 22, 1963, in Dealey Plaza, Dallas, Texas...
.
Earlier, Garrison had been searching for a "Clay Bertrand," a man referred to in the Warren Commission
Warren Commission
The President's Commission on the Assassination of President Kennedy, known unofficially as the Warren Commission, was established on November 27, 1963, by Lyndon B. Johnson to investigate the assassination of United States President John F. Kennedy on November 22, 1963...
report. New Orleans attorney Dean Andrews
Dean Andrews Jr.
Dean Adams Andrews Jr. was an attorney in New Orleans, Louisiana. He was questioned by Jim Garrison in regards to his Warren Commission testimony in which he had mentioned a man named "Clay Bertrand" having called him shortly after John F. Kennedy's assassination to represent Lee Harvey Oswald in...
, testified to the Warren Commission that while he was hosptialized for pneumonia, he received a call from "Clay Bertrand" the day after the assassination, asking him to fly to Dallas to represent Lee Harvey Oswald
Lee Harvey Oswald
Lee Harvey Oswald was, according to four government investigations,These were investigations by: the Federal Bureau of Investigation , the Warren Commission , the House Select Committee on Assassinations , and the Dallas Police Department. the sniper who assassinated John F...
. According to FBI reports, Andrews told them that this phone call from "Clay Bertrand" was a figment of his imagination. However, Andrews testified to the Warren Commission that the reason he told the FBI this was because of FBI harassment.
In his book, On the Trail of the Assassins
On the Trail of the Assassins
On the Trail of the Assassins is a 1988 book by Jim Garrison, detailing his role in indicting businessman Clay Shaw for conspiracy to kill U.S. President John F. Kennedy, therefore holding the only trial held for Kennedy's murder....
, Garrison says that after a long search of the New Orleans French Quarter, his staff was informed by the bartender at the tavern “Cosimo’s” that "Clay Bertrand" was the alias that Clay Shaw used. According to Garrison, the bartender felt it was no big secret and “my men began encountering one person after another in the French Quarter who confirmed that it was common knowledge that 'Clay Bertrand' was the name Clay Shaw went by.” However, a February 25, 1967 memo by Garrison investigator Lou Ivon to Jim Garrison states that he could not locate a Clay Bertrand despite numerous inquiries and contacts.
When Garrison's evidence was presented to a New Orleans grand jury, Clay Shaw
Clay Shaw
Clay Laverne Shaw was a businessman in New Orleans, Louisiana. He was the only person prosecuted in connection with the assassination of President John F. Kennedy and was found not guilty.-Biography:...
was indicted on a charge that he conspired with David W. Ferrie, Lee Harvey Oswald
Lee Harvey Oswald
Lee Harvey Oswald was, according to four government investigations,These were investigations by: the Federal Bureau of Investigation , the Warren Commission , the House Select Committee on Assassinations , and the Dallas Police Department. the sniper who assassinated John F...
, and others named and charged to murder John F. Kennedy." A three-judge panel upheld the indictment and ordered Shaw to a jury trial.
Trial
Garrison believed that Clay Shaw was the mysterious "Clay Bertrand" mentioned in the Warren Commission investigation. In the Warren Commission Report, New Orleans attorney Dean AndrewsDean Andrews Jr.
Dean Adams Andrews Jr. was an attorney in New Orleans, Louisiana. He was questioned by Jim Garrison in regards to his Warren Commission testimony in which he had mentioned a man named "Clay Bertrand" having called him shortly after John F. Kennedy's assassination to represent Lee Harvey Oswald in...
, claimed that he was contacted the day after the assassination by a "Clay Bertrand" who requested that he go to Dallas, Texas
Dallas, Texas
Dallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...
to represent Lee Harvey Oswald.
At the trial, the prosecution sought to have entered into evidence a fingerprint card with Clay Shaw's signature on it and, which also had on it, Shaw's admission that he had used the alias "Clay Bertrand." In regard to this, Judge Edward Haggerty, after dismissing the jury, conducted a day long hearing, in which he ruled the fingerprint card inadmissible. He said that two policemen had violated Shaw's constitutional rights by not permitting the defendant to have his lawyer present during the fingerprinting. Judge Haggerty also announced that Officer Habighorst had violated Miranda v. Arizona
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
and Escobedo v. Illinois
Escobedo v. Illinois
Escobedo v. Illinois, 378 U.S. 478 , was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. The case was decided a year after the court held in Gideon v...
by not informing Clay Shaw that he had the right to remain silent. The judge said that Habighorst had violated Shaw's rights by allegedly questioning him about an alias, adding, "Even if he did [ask the question about an alias] it is not admissible." Judge Haggerty exclaimed, "If Officer Habighorst is telling the truth — and I seriously doubt it!" The judge finished with the statement, "I do not believe Officer Habighorst!"
Jim Garrison's key witness against Clay Shaw was Perry Russo. Russo testified that he had attended a party at the apartment of anti-Castro activist David Ferrie
David Ferrie
David William Ferrie was a pilot who was alleged to have been involved in a conspiracy to assassinate President John F. Kennedy. New Orleans District Attorney Jim Garrison later claimed to have proven Ferrie's involvement and that he knew Lee Harvey Oswald. Ferrie denied such involvement.-Early...
. At the party, Russo said that Lee Harvey Oswald
Lee Harvey Oswald
Lee Harvey Oswald was, according to four government investigations,These were investigations by: the Federal Bureau of Investigation , the Warren Commission , the House Select Committee on Assassinations , and the Dallas Police Department. the sniper who assassinated John F...
(who Russo said was introduced to him as "Leon Oswald"), David Ferrie, and "Clem Bertrand" (who Russo identified in the courtroom as Clay Shaw) had discussed killing Kennedy. The conversation included plans for the "triangulation of crossfire" and alibis for the participants. Russo’s version of events has been questioned by some historians and researchers, such as Patricia Lambert, once it became known that some of his testimony was induced by hypnotism and by the drug sodium pentothal, sometimes called "truth serum."
Moreover, a memo detailing a pre-hypnosis interview with Russo in Baton Rouge, along with two hypnosis session transcripts, had been given to Saturday Evening Post reporter James Phelan by Garrison. There were differences between the two accounts. Both Russo and Assistant D.A. Andrew Sciambra testified under cross examination that more was said at the interview, but omitted from the pre-hypnosis memorandum. James Phelan testified that Russo admitted to him in March 1967 that a February 25 memorandum of the interview, which contained no recollection of an "assassination party," was accurate. However, in several public interviews, such as one shown in the video The JFK Assassination: The Jim Garrison Tapes, Russo reiterates the same account of an "assassination party" that he gave at the trial.
In addition to the issue of Russo's credibility, Garrison's case also included other questionable witnesses, such as Vernon Bundy, a heroin addict, and Charles Spiesel, who testified that he had been repeatedly hypnotized by government agencies. However, defenders of Garrison, such as journalist and researcher Jim Marrs
Jim Marrs
Jim Marrs is an American former newspaper journalist and New York Times best-selling author of books and articles on a wide range of alleged cover ups and conspiracies. Marrs is a prominent figure in the JFK conspiracy press and his book Crossfire was a source for Oliver Stone's film JFK...
, argue that Garrison's case was hampered by missing witnesses that Garrison had sought out. These witnesses included right-wing Cuban exile, Sergio Arcacha Smith, head of the CIA-backed, anti-Castro Cuban Democratic Revolutionary Front
Cuban Democratic Revolutionary Front
The Cuban Democratic Revolutionary Front was founded in May 1960 by anti-Castro Cuban exiles and was initially headquartered in Mexico. It was known in Spanish as the Frente Revolucionario Democratico and was composed of five major anti-Castro groups...
in New Orleans, a group that David Ferrie was reputedly "extremely active in", and a group that maintained an office in the same building as Guy Bannister. According to Garrison, these witnesses had fled New Orleans to states whose governors refused to honor Garrison's extradition requests. However, Sergio Arcacha Smith had left New Orleans well before Garrison began his investigation and was willing to speak with Garrison's investigators if he was allowed to have legal representation present. Further, witnesses Gordon Novel from Ohio may have been extradited if Garrison pressed the case in Ohio and Sandra Moffett was offered by the defense but opposed by Garrison's prosecution.
The testimony of witnesses who placed Clay Shaw, David Ferrie and Oswald together in Clinton, Louisiana the summer before the assassination has also been deemed not credible by some researchers, including Gerald Posner and Patricia Lambert. However, when the House Select Committee on Assassinations released its Final Report in 1979, it stated that after interviewing the Clinton witnesses it "found that the Clinton witnesses were credible and significant" and that "it was the judgment of the committee that they were telling the truth as they knew it."
Verdict and Juror Reaction
At the trial's conclusion — after the prosecution and the defense had presented their cases — the jury took less than an hour on March 1, 1969, to find Clay Shaw not guilty.Attorney and author Mark Lane
Mark Lane (author)
Mark Lane is an American lawyer who has written many books, including Rush to Judgment, one of two major books published in the immediate wake of the John F. Kennedy assassination that questioned the conclusions of the Warren Commission. Another book, Plausible Denial, published in 1991, continued...
said that he interviewed several jurors after the trial. Although these interviews have never been published, Lane said that some of the jurors believed that Garrison had in fact proven a conspiracy to kill President Kennedy, but that Garrison had not adequately linked the conspiracy to Shaw or provided a motive. However, author and playwright James Kirkwood
James Kirkwood
James Kirkwood may refer to:*James P. Kirkwood , American civil engineer*James Kirkwood, Sr. , American actor and film director*James Kirkwood, Jr. , American playwright and author...
, who was a personal friend of Clay Shaw, said that he spoke to several jury members who denied ever speaking to Lane. Kirkwood also cast doubt on Lane's claim that the jury believed there was a conspiracy. In his book American Grotesque, Kirkwood said that jury foreman Sidney Hebert told him: "I didn't think too much of the Warren Report either until the trial. Now I think a lot more of it than I did before...."
Aftermath
Garrison later wrote a book about his investigation of the JFK assassination and the subsequent trial called On the Trail of the AssassinsOn the Trail of the Assassins
On the Trail of the Assassins is a 1988 book by Jim Garrison, detailing his role in indicting businessman Clay Shaw for conspiracy to kill U.S. President John F. Kennedy, therefore holding the only trial held for Kennedy's murder....
. This book served as one of the main sources for Oliver Stone's
Oliver Stone
William Oliver Stone is an American film director, producer and screenwriter. Stone became well known in the late 1980s and the early 1990s for directing a series of films about the Vietnam War, for which he had previously participated as an infantry soldier. His work frequently focuses on...
movie JFK
JFK (film)
JFK is a 1991 American film directed by Oliver Stone. It examines the events leading to the assassination of President John F. Kennedy and alleged subsequent cover-up, through the eyes of former New Orleans district attorney Jim Garrison .Garrison filed charges against New Orleans businessman Clay...
. In the movie, this trial serves as the back story for Stone's account of the assassination of John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
.
In 1979, the House Select Committee on Assassinations stated that available records "...lent substantial credence to the possibility that Oswald and [David] Ferrie had been involved in
the same [Civil Air Patrol] C.A.P. unit during the same period of time." Committee investigators found six witnesses who said that Oswald had been present at Civil Air Patrol meetings headed by David Ferrie.
In 1993, the PBS television program Frontline obtained a group photograph, taken eight years before the assassination, that showed Oswald and Ferrie at a cookout with other Civil Air Patrol cadets. However, as Frontline executive producer Michael Sullivan said, "one should be cautious in ascribing its meaning. The photograph does give much support to the eyewitnesses who say they saw Ferrie and Oswald together in the C.A.P., and it makes Ferrie's denials that he ever knew Oswald less credible. But it does not prove that the two men were with each other in 1963, nor that they were involved in a conspiracy to kill the president."
In a 1992 interview, Edward Haggerty, who was the judge at the Clay Shaw trial, stated: "I believe he [Shaw] was lying to the jury. Of course, the jury probably believed him. But I think Shaw put a good con job on the jury."
In On the Trail of the Assassins
On the Trail of the Assassins
On the Trail of the Assassins is a 1988 book by Jim Garrison, detailing his role in indicting businessman Clay Shaw for conspiracy to kill U.S. President John F. Kennedy, therefore holding the only trial held for Kennedy's murder....
, Garrison states that Shaw had an "...extensive international role as an employee of the CIA." Shaw denied that he had had any connection with the CIA.
In 1979, Richard Helms
Richard Helms
Richard McGarrah Helms was the Director of Central Intelligence from 1966 to 1973. He was the only director to have been convicted of lying to the United States Congress over Central Intelligence Agency undercover activities. In 1977, he was sentenced to the maximum fine and received a suspended...
, former director of the CIA, testified under oath that Clay Shaw had been a part-time contact of the Domestic Contact Service of the CIA, where Shaw volunteered information from his travels abroad, mostly to Latin America. By the mid-1970s, 150,000 Americans (businessmen, and journalists, etc.) had provided such information to the DCS. In 1996, the CIA revealed that Clay Shaw had obtained a "five Agency" clearance in 1949.
Further reading
- Milton Brener, The Garrison Case: A Study in the Abuse of Power.
- Jim Garrison, A Heritage of Stone (Putnam Publishing Group, 1970) ISBN 978-0-399-10398-8
- Harold Weisberg, Oswald in New Orleans: Case for Conspiracy with the C.I.A. (New York: Canyon Books, 1967) ISBN B-000-6BTIS-S
External links
- Louisiana v. Clay Shaw (1969) trial transcript
- Orleans Parish Grand Jury transcripts
- Esquire December 1968 interview with Clay Shaw, James Kirkwood
- Jim Garrison and New Orleans
- Jim Garrison Interview, Playboy magazine, Eric Norden, October 1967
- Penthouse interview with Clay Shaw
- Small Lies, Big Lies, and Outright Whoppers
- Transcript of Perry Russo's Hypnotic Interrogation of March 1, 1969.
- Transcript of Perry Russo's Hypnotic Interrogation of March 12, 1969.
- JFK Online: Jim Garrison audio resources - mp3s of Garrison speaking
- CIA Counterintelligence Director James Angleton Spying on a Garrison Witness, Real History Archives
- Joan Mellen speaks about her book, "A Farewell to Justice: Jim Garrison, JFK's Assassination and the Case That Should Have Changed History" at the Ethical Culture Society in New York City, January 24, 2006.
- Garrison's Case for Conspiracy, Real History Archives
- Garrison Guilty: Another Case Closed, The New York Times Magazine, August 6, 1995
- Garrison's Case Finally Coming Together by Martin Shackelford