The Trial of Lee Harvey Oswald(c)

By David B. Nolan,
BA, MPA, J.D.
97 Willow Run Drive
Centerville, MA 02632-2421
571-277-3265

Military Tribunal at Guantanamo Bay (GITMO)

Presiding Judge: Earl Warren

Special Prosecutor: Arlen Spector (Warren Commission staff apologist)

Defense Counsel: David Brian Nolan (U.S. Supreme Court litigator)

Opening Argument by the Federal Government

This military tribunal will establish beyond a reasonable doubt that defendant Lee Harvey Oswald was the sole assassin in the death our 35th president, John F. Kennedy, on November 22, 1963. There is no cover up or obstruction of justice by President Lyndon Baines Johnson, FBI Director J. Edgar Hoover, or Supreme Court Chief Justice Earl Warren. There are no facilitating rogue elements of the CIA, the U.S. Secret Service, the FBI, the Dallas Police, and U.S. Military Intelligence to frame Lee Harvey Oswald as a "patsy" for the murder of JFK and police officer J.D. Tippet.

On November 22, 1963 there was no prohibition under United States Code that made the murder of a sitting president a federal crime. Moreover, there can be no criminal conspiracy upon proof that Lee Harvey Oswald was a lone nut.

Defendant Oswald de facto resigned his U.S. Citizenship when he sought and received his passport from the Union of Soviet Socialist Republics (USSR). Mr. Oswald should be treated in this trial as a non-Islamic terrorist who is not entitled to due process protection under the United States Constitution.

The following facts and foundation of witnesses have been stipulated to in this proceeding.

This specially established military court has jurisdiction to determine that war criminal Oswald deprived the Chief of our Armed Services of his civil rights, including JFK's own life. I allege that Defendant Oswald fatally wounded President Kennedy by inflicting three rifle wounds, including the "magic bullet", from his sniper nest in the 6th floor of the Texas School Book Depository which overlooked the presidential motorcade traveling through the Dealey Plaza in Dallas, Texas. His murder weapon was ordered through the mail by a "Alek J. Hidell" and found on the fifth floor of the Depository. The British Enfield and German Mauser rifles found on the 6th Floor are irrelevant to the "single shooter" I allege in this matter

The Government will take testimony today from each of the three key witnesses who testified before the Warren Commission. Their statements remain sworn today. At the end of the prosecution's case, I will move for admission to the trial record the same two evidentiary items already admitted by the Warren Commission Report. These are three pubic hairs of Lee Harvey Oswald and the dental records of Jack Ruby's (Jack Rubenstein's) mother.

The U.S. Government also has Mr. Oswald by the short hairs despite terrorist Oswald unfortunately survived assassination himself by Jack Ruby's single shot. I ask that this Court rubber stamp all findings of the Warren Commission that included Minority House Leader and future unelected president, Gerald R. Ford, the Chief Justice Warren of the United States, and the former CIA Director Allen Dulles that JFK fired a month before his death.

Prosecution's first witness: Howard Berman

Please state your name for the record?

Howard Berman.

What is your occupation?

I am a pipe fitter in Dallas, Texas.

Were you present at Dealey Plaza on November 22, 1963?

Yes. I was having lunch on Elm Street immediately across the street from the Texas School Book Depository Building.

Did you observe anything at this time?

I heard what I thought was a backfire. It ran in my mind that it might be someone throwing fire crackers out of nearby the red brick building. I looked up.

I saw the defendant Oswald leaning out of a corner window of the Texas School Book Depository with a rifle. As the motorcade passed, I saw Oswald aim, fire and hit president Kennedy with his high-powered rifle. I saw Oswald smirk with satisfaction on his third and fatal shot.

Do you see Lee Harvey Oswald in the court room today?

Yes, but he is not smirking now. He looks already dead.

Cross examination by Defense Counsel

Did the Warren Commission base any of its findings on your proff ered testimony that you again state under oath today?

No.

Did you fail to identify Lee Harvey Oswald in a police lineup on the day of the assassination?

Yes.

How do you know that this shooter you saw was using a "high –powered" rifle?

I don't know nothing about rifles.

Would it surprise you to learn that a high-powered rifle shoots more than 2600 feet per second?

I don't know.

Would it surprise you that Mr. Oswald does not own or possess a high-powered rifle that would cause a three inch hole in the back of the president's skull?

Yes.

Prosecution's second witness: Helen Markam

Please state your name for the record?

Helen Markham.

Do you recognize defendant Oswald in the court room?

Yes.

Have you seen him in person previously?

Yes

When was that?

I saw him on November 22, 1963 approximately forty-five minutes after the shooting of the president.

Where did you see Mr. Oswald?

I saw the defendant walk up to Officer Tippet's patrol car window and speak to the policeman. I saw Oswald then shoot J.D. Tippet three times through the police car open window. I then carried on a twenty minute conversation with the dying policeman.

Prosecution: I have no further questions.

Cross examination by Defense Counsel

Did you fail to identify defendant Oswald during each of eight police line ups?

Yes. But I identified him in the ninth lineup.

Would you be surprised to learn that police officer J.D. Tippet died instantly from four shots through a closed police car window?

Yes.

Why did you place your shoes on the top of officer Tippet's patrol car?

I don't remember.

Would you be surprised to learn that none of the bullets recovered from officer Tippet's body, i.e. three-copper coated Westerns and one lead Remington can be traced to defendant Oswald's 38 caliber revolver?

Yes. Maybe officer Tippet already had a fourth bullet in his body.

Would you be surprised to learn that an investigating Dallas officer marked each of the four cartridges at the scene with his initials but later these markings were nowhere to be found after being placed in FBI custody?

Yes. I don't know why there would be evidence tampering by the FBI.

Prosecution's third witness: Marina Oswald

I now call my third witness, Marina Oswald.

Please state your name for the record?

Marina Oswald. I am Mrs. Lee Harvey Oswald.

Do you recognize in the courtroom Lee Harvey Oswald?

Yes. He my husband.

Is he a violent man against you or others?

Nyet. Lee good man. Lee never shoot anyone.

Are you a communist sympathizer?

No. I want our daughters and me to remain in America.

Is your husband a communist sympathizer?

No. He is an American patriot and a proud Marine intelligence operative.

Did your husband ever hit you?

I don't remember.

Why did you marry Lee?

My uncle gave me the choice of marrying Lee or another U.S. spy sent to Russia. I chose Lee since he was in Minsk already and I did not have to move several hundred miles away. If Lee dies, I will marry an FBI agent or someone else to protect our daughters.

Cross examination by Defense Counsel

Have federal authorities held you in custody for several weeks after the presidential assassination?

Yes.

Have you been threatened with deportation?

Yes. But I will soon be married to an FBI agent.

Does your husband have any reason to kill the president?

No.

Was your husband a U.S. Intelligence officer when he entered the Soviet Union?

Yes.

Did he attempt to infiltrate a conspiracy to kill the president?

Yes.

Prosecution's fourth witness: Dr. Renatus Hartogs

Please state your name and expertise?

Dr. Renatus Hartogs. I was the Warren Commission's psychiatrist.

What is your professional opinion regarding Lee Harvey Oswald?

I examined Lee when he was a troubled thirteen year- old. I believe that his repressed oedipal lust for his mother engendered overwhelming feelings of guilt. This was his murder motivation.

The coincidence of the triad of three shots into both the president and into Officer J.D. Tippet project the assassin's penis and gonads.

Defense Cross-examination

Would it surprise you that four bullets were retrieved from the corpse of officer Tippet?

If so, I believe that three of these four bullets must be from the same weapon, Lee' figurative penis. The shots towards the president were through the "vaginal" open window of the Texas School Book Repository in Oedipal theory first raised by Sigmund Freud.

The government and I have stipulated to the introduction of the following actual exhibits from the Warren Commission: (1) a detailed analysis of each of defendant's three pubic hairs and, (2) the 1938 dental chart of Jack Ruby's mother.

Judge Warren: Motion approved.

The prosecution rests.

The Defense moves for dismissal of all charges against Defendant Oswald for the Government's failure to establish any credible motive or factual basis to prove beyond a reasonable doubt of any crime by Lee Harvey Oswald.

Judge Warren: I deny the Defense motion based upon the fact that non-Islamic terrorist Oswald is not entitled to any due process protections under the U.S. Constitution. He has no right to be tried by a domestic court or its rules. His legal defense may now proceed to submit its case to me.

The Defense Opening Statement

Our deceased President Kennedy correctly opined the following:

"We seek a free flow of information ... We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people know the truth and falsehood in an open market is a nation that is afraid of its people." This trial will attempt to determine the truth of the Kennedy assassination.

The prosecution has failed to prove beyond a reasonable doubt that Lee Harvey Oswald was the lone assassin of President John Fitzgerald Kennedy. He was in the third floor snack room of the Texas School Book Depository. He had no gun powder residue on his body upon his arrest. He could not have fired a single shot form any fire arm. Upon his arrest, his recorded voice print showed no stress or attempt to deceive.

Lee Harvey Oswald is a patsy. Similarly, Defendant Oswald did not commit murder of Officer Tippet or any other off ense under federal or Texas state law.

Eighty-five percent of Americans disbelieve there was a single shooter at the Dealey Plaza in Dallas, Texas. Th ree shots cannot be dispensed from the Mannlicher-Carbano, World War I bolt action rifle, in the 2.3 seconds as established in the Abraham Zapruder film taken at Dealey Plaza on November 22, 1963.

Defendant Oswald did not deny any federal civil right to President Kennedy nor violate any other federal or state privilege. Oswald liked JFK. He had no motive to murder JFK.

Defendant Oswald did not commit any prohibited personnel practice under Title V of the United States Code to our federal employee president. Oswald, as a Military Intelligence Officer, did not violate any section of the Uniform Military Code regarding his Commander in Chief.

Defendant Oswald is not charged with conspiracy to violate the law with any other person. However, the Warren Commission members appointed by President Lyndon Baines Johnson have concluded that Mr. Oswald is a lone assassin. No co-conspirator, let alone LBJ who solely benefited from the JFK murder, was found.

The testimony to be presented herein does confirm JFK assassination collusion with organized crime, by President Lyndon Baines Johnson, Chief Justice Earl Warren, and rogue elements of the CIA, FBI, U.S. Secret Service, and the Dallas Police. Oswald was not part of this conspiracy, only its "patsy." Defendant Oswald was framed for killing our 35th president in the eyes of the American public and world opinion until his day in the Court. The French and Russian foreign services each concur in this conclusion.

Defendant Oswald does not have to prove in this trial which actors conspired to commit treason and colluded to obstruct justice in a cover up after the president's assassination. He is innocent of such collusion. He actually attempted to infiltrate the conspiracy to save the president's life.

Defendant Oswald does not have to prove that both Richard Nixon and FBI Director J. Edgar Hoover met with LBJ in Dallas on the day before the assassination. Mr. Oswald does not have to prove that Richard Nixon met with organized crime figures on the day before the assassination. We do not have to prove that LBJ partied the night before with Texas business men to celebrate the coup d'état for the following day.

Defendant Oswald does not have to prove that president Johnson had the JFK motor cade limousine altered to obscure the fact of diff erent bullet type fragments and indentations from as many as eleven projectiles, the shots of which were each recorded on police radio tape. There is physical evidence of rifle bullets from more than one shooter's nest direction. Defendant Oswald need only show that the government's prosecution has failed beyond a reasonable doubt to prove he assassinated the president or Officer J.D. Tippet as charged.

Four million tourists visit yearly the grave of assassinated President of John F. Kennedy at Arlington National Cemetery. Perhaps over two hundred books will be written over a half century about JFK's murder including the best sellers "Killing Kennedy" by Bill O'Reilly, "Dead Wrong" by Richard Belzer, by "The Case Against LBJ" by Roger Stone, and "LBJ: The Mastermind of the JFK Assassination" by Phillip F. Nelson. However, many questions remain unanswered and the Warren Commission conclusions are each universally discredited. Four books have identified LBJ's mastermind role.

Mafioso Jacob Rubenstein, aka Jack Ruby, failed by sheer luck in his assassination attempt of Lee Harvey Oswald in the Dallas Police Headquarters basement with a single shot to Oswald's stomach. Defendant Oswald fortunately received transport in the waiting vehicle for immediate medical attention in a hospital instead of prolonged CPR by Dallas police until near death. The Dallas police failed to delay immediate life- saving hospital treatment through "police resuscitation" to the injured chest. The Trauma Room 1 of the Lakeland Hospital in Dallas had the ability to save the life of Oswald as had it saved the life of severely injured Texas Governor, John Connally, two days before.

Oswald now stands accused of the murders of President John F. Kennedy and Dallas Police Officer J.D. Tippet. This judicial proceeding will probe the possible involvement of the Mafia and rogue elements of the federal government in the assassination and later cover up of important details regarding the death of our 35th president and Officer J.D. Tippet.

We now know that the successor president, Lyndon Baines Johnson, ordered that Kennedy's limousine be altered one week after its fatal drive through the Dealey Plaza, in Dallas, Texas. This destruction prevented further confirmation of two or more different directional origins and copper jacket and non-copper jacket rifle fragments that were recovered from the vehicle. The physical evidence of more than one weapon and the existence at least two sniper nest origins on November 22, 1963 at the Dealey Plaza confirms conspiracy and not a lone assassin.

Seventy-five (75) percent of Americans believes that there were at least two shooters in the assassination of President John Kennedy. In 1979, the U.S. Congress concluded that at least a second sniper from the grassy knoll adjacent to the Elm Street railroad overpass participated in the crime of the 20th Century. Three mobsters, including Sam Giancana, who had ties to the Kennedy assassination were themselves murdered when called to testify before Congress. Giancana and JFK shared the same mistress, Judith Exner.