CHAPTER V

Detention and Death of Oswald

Lee Harvey Oswald spent almost all of the last 48 hours of his life in the Police and Courts Building, a gray stone structure in downtown Dallas that housed the headquarters of the Dallas Police Department and the city jail. Following his arrest early Friday afternoon, Oswald was brought immediately to this building and remained there until Sunday morning, November 24, when he was scheduled to be transferred to the county jail. At 11:21 that morning, in full view of millions of people watching on television, Oswald was fatally wounded by Jack Ruby, who emerged suddenly from the crowd of newsmen and policemen witnessing the transfer and fired a single shot at Oswald.

Whether the killing of Oswald was part of a conspiracy involving the assassination of President Kennedy is considered in chapter VI. Aside from that question, the occurrences within the Police and Courts Building between November 22 and 24 raise other important issues concerning the conduct of law enforcement officials, the responsibilities of the press, the rights of accused persons, and the administration of criminal justice in the United States. The Commission has therefore deemed it necessary to determine the facts concerning Oswald’s detention and death and to evaluate the actions and responsibilities of the police and press involved in these events.

TREATMENT OF OSWALD IN CUSTODY

The focal center of the Police and Courts Building during Oswald’s detention was the third floor, which housed the main offices of the Dallas Police Department. The public elevators on this floor opened into a lobby midpoint of a corridor that extended along the length of the floor for about 140 feet. At one end of this 7-foot-wide corridor were the offices occupied by Chief of Police Jesse E. Curry and his immediate subordinates; at the other end was a small pressroom that could accommodate only a handful of reporters. Along this corridor were other police offices, including those of the major detective bureaus. Between the pressroom and the lobby was the complex of offices belonging to the homicide and robbery bureau, headed by Capt. J. Will Fritz.[C5-1] (See Commission Exhibit No. 2175, p. 197.)

Chronology

The policemen who seized Oswald at the Texas Theatre arrived with him at the police department building at about 2 p.m. and brought him immediately to the third floor offices of the homicide and robbery bureau to await the arrival of Captain Fritz from the Texas School Book Depository. After about 15 or 20 minutes Oswald was ushered into the office of Captain Fritz for the first of several interrogation sessions.[C5-2] At 4:05 p.m. he was taken to the basement assembly room for his first lineup.[C5-3] While waiting outside the lineup room, Oswald was searched, and five cartridges and other items were removed from his pockets.[C5-4] After the lineup, at about 4:20, Oswald was returned to Captain Fritz’ office for further questioning.[C5-5] Two hours later, at 6:20 p.m., Oswald was taken downstairs for a second lineup and returned to Captain Fritz’ office within 15 minutes for additional interrogation.[C5-6] Shortly after 7 p.m., Captain Fritz signed a complaint charging Oswald with the murder of Patrolman Tippit. Oswald was formally arraigned, i.e., advised of the charges, at 7:10 p.m., before Justice of the Peace David L. Johnston, who came to Captain Fritz’ office for the occasion.[C5-7]

After a third lineup at about 7:40 p.m., Oswald was returned to Fritz’ office.[C5-8] About an hour later, after further questioning, Oswald’s fingerprints and palmprints were taken and a paraffin test (see app. XI) administered in Fritz’ office, after which the questioning resumed.[C5-9] At 11:26 p.m. Fritz signed the complaint charging Oswald with the murder of President Kennedy.[C5-10] Shortly after midnight, detectives took Oswald to the basement assembly room for an appearance of several minutes before members of the press.[C5-11] At about 12:20 a.m. Oswald was delivered to the jailer who placed him in a maximum security cell on the fifth floor.[C5-12] His cell was the center one in a block of three cells that were separated from the remainder of the jail area. The cells on either side of Oswald were empty and a guard was nearby whenever Oswald was present.[C5-13] Shortly after 1:30 a.m. Oswald was brought to the identification bureau on the fourth floor and arraigned before Justice of the Peace Johnston, this time for the murder of President Kennedy.[C5-14]

Questioning resumed in Fritz’ office on Saturday morning at about 10:25 a.m., and the session lasted nearly an hour and 10 minutes.[C5-15] Oswald was then returned to his cell for an hour, and at 12:35 p.m. he was brought back to Fritz’ office for an additional half-hour of questioning.[C5-16] From 1:10 to 1:30 p.m., Oswald’s wife and mother visited him in the fourth floor visiting area;[C5-17] at 1:40 p.m. he attempted to call an attorney in New York.[C5-18] He appeared in another lineup at 2:15 p.m.[C5-19] At 2:45 p.m., with Oswald’s consent, a member of the identification bureau obtained fingernail scrapings and specimens of hair from him.[C5-20] He returned to the fourth floor at 3:30 p.m. for a 10-minute visit with his brother, Robert.[C5-21] Between 4 and 4:30 p.m., Oswald made two telephone calls to Mrs. Ruth Paine[C5-22] at her home in Irving; at about 5:30 p.m. he was visited by the president of the Dallas Bar Association[C5-23] with whom he spoke for about 5 minutes. From 6 to 7:15 p.m. Oswald was interrogated once again in Captain Fritz’ office and then returned to his cell.[C5-24] At 8 p.m. he called the Paine residence again and asked to speak to his wife, but Mrs. Paine told him that his wife was no longer there.[C5-25]

Oswald was signed out of jail at 9:30 a.m. on Sunday, November 24, and taken to Captain Fritz’ office for a final round of questioning.[C5-26] The transfer party left Fritz’ office at about 11:15 a.m.;[C5-27] at 11:21 a.m. Oswald was shot.[C5-28] He was declared dead at Parkland Hospital at 1:07 p.m.[C5-29]

Interrogation Sessions

During the period between 2:30 p.m. on Friday afternoon and 11:15 a.m. Sunday morning, Oswald was interrogated for a total of approximately 12 hours.[C5-30] Though subject to intermittent questioning for more than 7 hours on Friday, Oswald was given 8 to 9 hours to rest that night. On Saturday he was questioned for a total of only 3 hours during three interrogation sessions, and on Sunday he was questioned for less than 2 hours.[C5-31] (These interrogations are discussed in ch. IV.)

Captain Fritz’ office, within which the interrogations took place, was a small room, 14 feet by 9½ feet in size.[C5-32] In addition to the policemen guarding the prisoner, those present usually included Dallas detectives, investigators from the FBI and the Secret Service, and occasionally other officials, particularly a post office inspector and the U.S. marshal. (See statements in app. XI.) As many as seven or eight people crowded into the small office.[C5-33] In all, more than 25 different persons participated in or were present at some time during interrogations. Captain Fritz, who conducted most of the interrogations, was frequently called from the room. He said, “I don’t believe there was any time when I went through a very long period without having to step to the door, or step outside, to get a report from some pair of officers, or to give them additional assignments.”[C5-34] In his absence, others present would occasionally question Oswald.[C5-35]

The interrogators differ on whether the confusion prevailing in the main third floor corridor penetrated Fritz’ office and affected the atmosphere within.[C5-36] Oswald’s processions through the third floor corridor, described more fully below, tended, in Fritz’ opinion, to keep Oswald upset, and the remarks and questions of newsmen sometimes caused him to become annoyed. Despite the confusion that frequently prevailed, Oswald remained calm most of the time during the interrogations.[C5-37] According to Captain Fritz:

You know I didn’t have trouble with him. If we would just talk to him quietly like we are talking right now, we talked all right until I asked him a question that meant something, every time I asked him a question that meant something, that would produce evidence he immediately told me he wouldn’t tell me about it and he seemed to anticipate what I was going to ask.[C5-38]

Special Agent James W. Bookhout, who represented the FBI at most of the interrogations, stated, “I think generally you might say anytime that you asked a question that would be pertinent to the investigation, that would be the type of question he would refuse to discuss.”[C5-39]

The number of people in the interrogation room and the tumultuous atmosphere throughout the third floor made it difficult for the interrogators to gain Oswald’s confidence and to encourage him to be truthful. As Chief Curry has recognized in his testimony, “we were violating every principle of interrogation * * * it was just against all principles of good interrogation practice.”[C5-40]

Oswald’s Legal Rights

All available evidence indicates that Oswald was not subjected to any physical hardship during the interrogation sessions or at any other time while he was in custody. He was fed and allowed to rest. When he protested on Friday against being handcuffed from behind, the cuffs were removed and he was handcuffed in front.[C5-41] Although he made remarks to newsmen about desiring a shower and demanding his “civil rights,” Oswald did not complain about his treatment to any of the numerous police officers and other persons who had much to do with him during the 2 days of his detention.[C5-42] As described in chapter IV, Oswald received a slight cut over his right eye and a bruise under his left eye during the scuffle in the Texas Theatre with the arresting officers, three of whom were injured and required medical treatment. These marks were visible to all who saw him during the 2 days of his detention and to millions of television viewers.[C5-43]

Before the first questioning session on Friday afternoon, Fritz warned Oswald that he was not compelled to make any statement and that statements he did make could be used against him.[C5-44] About 5 hours later, he was arraigned for the Tippit murder and within an additional 6½ hours he was arraigned for the murder of President Kennedy. On each occasion the justice of the peace advised Oswald of his right to obtain counsel and the right to remain silent.[C5-45]

Throughout the period of detention, however, Oswald was not represented by counsel. At the Friday midnight press conference in the basement assembly room, he made the following remarks:

OSWALD. Well, I was questioned by Judge ---- [Johnston]. However, I protested at that time that I was not allowed legal representation during that very short and sweet hearing. I really don’t know what the situation is about. Nobody has told me anything except that I am accused of, of, murdering a policeman. I know nothing more than that and I do request someone to come forward to give me legal assistance.

Q. Did you kill the President?

A. No. I have not been charged with that. In fact nobody has said that to me yet. The first thing I heard about it was when the newspaper reporters in the hall asked me that question.

* * * * *

Q. Mr. Oswald, how did you hurt your eye?

A. A policeman hit me.[C5-46]

At this time Oswald had been arraigned only for the murder of Patrolman Tippit, but questioning by Captain Fritz and others had been substantially concerned with Oswald’s connection with the assassination.[C5-47]

On Friday evening, representatives of the American Civil Liberties Union visited the police department to determine whether Oswald was being deprived of counsel. They were assured by police officials and Justice of the Peace Johnston that Oswald had been informed of his rights and was being allowed to seek a lawyer.[C5-48] On Saturday Oswald attempted several times to reach John Abt, a New York lawyer, by telephone, but with no success.[C5-49] In the afternoon, he called Ruth Paine and asked her to try to reach Abt for him, but she too failed.[C5-50] Later in the afternoon, H. Louis Nichols, president of the Dallas Bar Association, visited Oswald in his cell and asked him whether he wanted the association to obtain a lawyer for him. Oswald declined the offer, stating a first preference for Abt and a second preference for a lawyer from the American Civil Liberties Union.[C5-51] As late as Sunday morning, according to Postal Inspector Harry D. Holmes, Oswald said that he preferred to get his own lawyer.[C5-52]

ACTIVITY OF NEWSMEN

Within an hour of Oswald’s arrival at the police department on November 22, it became known to newsmen that he was a possible suspect in the slaying of President Kennedy as well as in the murder of Patrolman Tippit. At least as early as 3:26 p.m. a television report carried this information. Reporters and cameramen flooded into the building and congregated in the corridor of the third floor, joining those few who had been present when Oswald first arrived.[C5-53]

On the Third Floor

Felix McKnight, editor of the Dallas Times-Herald, who handled press arrangements for the President’s visit, estimated that within 24 hours of the assassination more than 300 representatives of news media were in Dallas, including correspondents from foreign newspapers and press associations.[C5-54] District Attorney Henry M. Wade thought that the crowd in the third floor hallway itself may have numbered as many as 300.[C5-55] Most estimates, including those based on examination of video tapes, place upwards of 100 newsmen and cameramen in the third floor corridor of the police department by the evening of November 22.[C5-56] (See Commission Exhibit No. 2633, p. 203.)

In the words of an FBI agent who was present, the conditions at the police station were “not too much unlike Grand Central Station at rush hour, maybe like the Yankee Stadium during the World Series games. * * *”[C5-57] In the lobby of the third floor, television cameramen set up two large cameras and floodlights in strategic positions that gave them a sweep of the corridor in either direction. Technicians stretched their television cables into and out of offices, running some of them out of the windows of a deputy chief’s office and down the side of the building. Men with newsreel cameras, still cameras, and microphones, more mobile than the television cameramen, moved back and forth seeking information and opportunities for interviews. Newsmen wandered into the offices of other bureaus located on the third floor, sat on desks, and used police telephones; indeed, one reporter admits hiding a telephone behind a desk so that he would have exclusive access to it if something developed.[C5-58]

By the time Chief Curry returned to the building in the middle of the afternoon from Love Field where he had escorted President Johnson from Parkland Hospital, he found that “there was just pandemonium on the third floor.”[C5-59] The news representatives, he testified:

* * * were jammed into the north hall of the third floor, which are the offices of the criminal investigation division. The television trucks, there were several of them around the city hall. I went into my administrative offices, I saw cables coming through the administrative assistant office and through the deputy chief of traffic through his office, and running through the hall they had a live TV set up on the third floor, and it was a bedlam of confusion.[C5-60]

According to Special Agent Winston G. Lawson of the Secret Service:

At least by 6 or 7 o’clock * * * [the reporters and cameramen] were quite in evidence up and down the corridors, cameras on the tripods, the sound equipment, people with still cameras, motion picture-type hand cameras, all kinds of people with tape recorders, and they were trying to interview people, anybody that belonged in police headquarters that might know anything about Oswald * * *[C5-61]

The corridor became so jammed that policemen and newsmen had to push and shove if they wanted to get through, stepping over cables, wires, and tripods.[C5-62] The crowd in the hallway was so dense that District Attorney Wade found it a “strain to get the door open” to get into the homicide office.[C5-63] According to Lawson, “You had to literally fight your way through the people to get up and down the corridor.”[C5-64] A witness who was escorted into the homicide offices on Saturday afternoon related that he

tried to get by the reporters, stepping over television cables and you couldn’t hardly get by, they would grab you and wanted to know what you were doing down here, even with the detectives one in front and one behind you.[C5-65]

The television cameras continued to record the scene on the third floor as some of the newsmen kept vigil through the night.[C5-66]

Such police efforts as there were to control the newsmen were unavailing. Capt. Glen D. King, administrative assistant to Chief Curry, witnessed efforts to clear an aisle through the hallway, but related that “this was a constant battle because of the number of newsmen who were there. They would move back into the aisleway that had been cleared. They interfered with the movement of people who had to be there.”[C5-67] According to one detective, “they would be asked to stand back and stay back but it wouldn’t do much good, and they would push forward and you had to hold them off physically.” The detective recalled that on one occasion when he was escorting a witness through the corridor he “stopped * * * and looked down and there was a joker had a camera stuck between * * * [his] legs taking pictures. * * *”[C5-68] Forrest V. Sorrels of the Secret Service had the impression that the “press and the television people just * * * took over.”[C5-69]

Police control over the access of other than newsmen to the third floor was of limited but increasing effectiveness after Oswald’s arrival at the police department. Initially no steps were taken to exclude unauthorized persons from the third floor corridor, but late Friday afternoon Assistant Chief Charles Batchelor stationed guards at the elevators and the stairway to prevent the admission of such persons. He also directed the records room in the basement to issue passes, after verification by the bureaus involved, to people who had legitimate business on the third floor.[C5-70] Throughout the 3 days of Oswald’s detention, the police were obliged to continue normal business in all five bureaus located along the third floor hallway. Thus many persons--relatives of prisoners, complainants, witnesses[C5-71]--had occasion to visit police offices on the third floor on business unrelated to the investigation of the assassination.

Newsmen seeking admission to the third floor were required to identify themselves by their personal press cards; however, the department did not follow its usual procedure of checking the authenticity of press credentials.[C5-72] Captain King felt that this would have been impossible in light of “the atmosphere that existed over there, the tremendous pressures that existed, the fact that telephones were ringing constantly, that there were droves of people in there * * * the fact that the method by which you positively identify someone * * * it’s not easy.”[C5-73]

Police officers on the third floor testified that they carefully checked all persons for credentials, and most newsmen indicated that after Batchelor imposed security they were required to identify themselves by their press cards.[C5-74] Special Agent Sorrels of the Secret Service stated that he was requested to present credentials on some of his visits to the third floor.[C5-75] However, other newsmen apparently went unchallenged during the entire period before Oswald was killed, although some of them were wearing press badges on their lapels and some may have been known to the police officers.[C5-76]

According to some reporters and policemen, people who appeared to be unauthorized were present on the third floor after security procedures were instituted, and video tapes seem to confirm their observations.[C5-77] Jack Ruby was present on the third floor on Friday night.[C5-78] Assistant Chief of Police N. T. Fisher testified that even on Saturday “anybody could come up with a plausible reason for going to one of the third floor bureaus and was able to get in.”[C5-79]

Oswald and the Press

When the police car bringing Oswald from the Texas Theatre drove into the basement of police headquarters at about 2 p.m. on Friday, some reporters and cameramen, principally from local papers and stations, were already on hand. The policemen formed a wedge around Oswald and conducted him to the elevator, but several newsmen crowded into the elevator with Oswald and the police. When the elevator stopped at the third floor, the cameramen ran ahead down the corridor, and then turned around and backed up, taking pictures of Oswald as he was escorted toward the homicide and robbery bureau office. According to one escorting officer, some six or seven reporters followed the police into the bureau office.[C5-80]

From Friday afternoon, when Oswald arrived in the building, until Sunday, newspaper reporters and television cameras focused their attention on the homicide office. In full view and within arm’s length of the assembled newsmen, Oswald traversed the 20 feet of corridor between the homicide office and the locked door leading to the jail elevator at least 15 times after his initial arrival. The jail elevator, sealed off from public use, took him to his fifth floor cell and to the assembly room in the basement for lineups and the Friday night news conference.[C5-81]

On most occasions, Oswald’s escort of three to six detectives and policemen had to push their way through the newsmen who sought to surround them. (See Commission Exhibit No. 2631, p. 205.) Although the Dallas press normally did not take pictures of a prisoner without first obtaining permission of the police, who generally asked the prisoner, this practice was not followed by any of the newsmen with Oswald.[C5-82] Generally when Oswald appeared the newsmen turned their cameras on him, thrust microphones at his face, and shouted questions at him. Sometimes he answered. Reporters in the forefront of the throng would repeat his answers for the benefit of those behind them who could not hear. On Saturday, however in response to police admonitions, the reporters exercised more restraint and shouted fewer questions at Oswald when he passed through the corridor.[C5-83]

Oswald’s most prolonged exposure occurred at the midnight press conference on Friday night. In response to demands of newsmen, District Attorney Wade, after consulting with Chief Curry and Captain Fritz, had announced shortly before midnight that Oswald would appear at a press conference in the basement assembly room.[C5-84] An estimated 70 to 100 people, including Jack Ruby, and other unauthorized persons, crowded into the small downstairs room. No identification was required.[C5-85] The room was so packed that Deputy Chief M. W. Stevenson and Captain Fritz who came down to the basement after the crowd had assembled could not get in and were forced to remain in the doorway.[C5-86]

Oswald was brought into the room shortly after midnight.[C5-87] Curry had instructed policemen not to permit newsmen to touch Oswald or get close to him, but no steps were taken to shield Oswald from the crowd.[C5-88] Captain Fritz had asked that Oswald be placed on the platform used for lineups so that he could be more easily removed “if anything happened.”[C5-89] Chief Curry, however, insisted that Oswald stand on the floor in front of the stage, where he was also in front of the one-way nylon-cloth screen customarily used to prevent a suspect from seeing those present in the room. This was done because cameramen had told Curry that their cameras would not photograph well through the screen.[C5-90]

Curry had instructed the reporters that they were not to “ask any questions and try to interview * * * [Oswald] in any way,” but when he was brought into the room, “immediately they began to shoot questions at him and shove microphones into his face.”[C5-91] It was difficult to hear Oswald’s answers above the uproar. Cameramen stood on the tables to take pictures and others pushed forward to get close-ups. (See Commission Exhibit No. 2965, p. 207.) The noise and confusion mounted as reporters shouted at each other to get out of the way and camermen made frantic efforts to get into position for pictures.[C5-92] After Oswald had been in the room only a few minutes, Chief Curry intervened and directed that Oswald be taken back to the jail because, he testified, the newsmen “tried to overrun him.”[C5-93]

THE ABORTIVE TRANSFER

In Dallas, after a person is charged with a felony, the county sheriff ordinarily takes custody of the prisoner and assumes responsibility for his safekeeping. Normally, the Dallas Police Department notifies the sheriff when a prisoner has been charged with a felony and the sheriff dispatches his deputies to transport the accused to the county jail. This is usually done within a few hours after the complaint has been filed. In cases of unusual importance, however, the Dallas city police sometimes transport the prisoners to the county jail.[C5-94]

The decision to move Oswald to the county jail on Sunday morning was reached by Chief Curry the preceding evening. Sometime after 7:30 Saturday evening, according to Assistant Chief Batchelor, two reporters told him that they wanted to go out to dinner but that “they didn’t want to miss anything if we were going to move the prisoner.” Curry came upon them at that point and told the two newsmen that if they returned by 10 o’clock in the morning, they wouldn’t “miss anything.”[C5-95] A little later, after checking with Captain Fritz, Curry made a similar announcement to the assembled reporters. Curry reported the making of his decision to move Oswald as follows:

Then, I talked to Fritz about when he thought he would transfer the prisoner, and he didn’t think it was a good idea to transfer him at night because of the fact you couldn’t see, and if anybody tried to cause them any trouble, they needed to see who they were and where it was coming from and so forth, and he suggested that we wait until daylight, so this was normal procedure, I mean, for Fritz to determine when he is going to transfer his prisoners, so I told him “Okay.” I asked him, I said, “What time do you think you will be ready tomorrow?” And he didn’t know exactly and I said, “Do you think about 10 o’clock,” and he said, “I believe so,” and then is when I went out and told the newspaper people * * * “I believe if you are back here by 10 o’clock you will be back in time to observe anything you care to observe.”[C5-96]

During the night, between 2:30 and 3 a.m., the local office of the FBI and the sheriff’s office received telephone calls from an unidentified man who warned that a committee had decided “to kill the man that killed the President.”[C5-97] Shortly after, an FBI agent notified the Dallas police of the anonymous threat. The police department and ultimately Chief Curry were informed of both threats.[C5-98]

Immediately after his arrival at the building on Sunday morning between 8:30 and 8:45 a.m., Curry spoke by telephone with Sheriff J. E. Decker about the transfer. When Decker indicated that he would leave to Curry the decision on whether the sheriff’s office or the police would move Oswald, Curry decided that the police would handle it because “we had so much involved here, we were the ones that were investigating the case and we had the officers set up downstairs to handle it.”[C5-99]

After talking with Decker, Curry began to discuss plans for the transfer. With the threats against Oswald in mind, Curry suggested to Batchelor and Deputy Chief Stevenson that Oswald be transported to the county jail in an armored truck, to which they agreed. While Batchelor made arrangements to have an armored truck brought to the building, Curry and Stevenson tentatively agreed on the route the armored truck would follow from the building to the county jail.[C5-100]

Curry decided that Oswald would leave the building via the basement. He stated later that he reached this decision shortly after his arrival at the police building Sunday morning, when members of the press had already begun to gather in the basement. There is no evidence that anyone opposed this decision.[C5-101] Two members of the Dallas police did suggest to Captain Fritz that Oswald be taken from the building by another exit, leaving the press “waiting in the basement and on Commerce Street, and we could be to the county jail before anyone knew what was taking place.”[C5-102] However, Fritz said that he did not think Curry would agree to such a plan because he had promised that Oswald would be transferred at a time when newsmen could take pictures.[C5-103] Forrest Sorrels also suggested to Fritz that Oswald be moved at an unannounced time when no one was around, but Fritz again responded that Curry “wanted to go along with the press and not try to put anything over on them.”[C5-104]

Preliminary arrangements to obtain additional personnel to assist with the transfer were begun Saturday evening. On Saturday night, the police reserves were requested to provide 8 to 10 men on Sunday, and additional reservists were sought in the morning.[C5-105] Capt. C. E. Talbert, who was in charge of the patrol division for the city of Dallas on the morning of November 24, retained a small number of policemen in the building when he took charge that morning and later ordered other patrolmen from several districts to report to the basement.[C5-106] At about 9 a.m. Deputy Chief Stevenson instructed all detectives within the building to remain for the transfer.[C5-107] Sheriff Decker testified that his men were ready to receive Oswald at the county jail from the early hours of Sunday morning.[C5-108]

With the patrolmen and reserve policemen available to him, Captain Talbert, on his own initiative, undertook to secure the basement of the police department building. He placed policemen outside the building at the top of the Commerce Street ramp to keep all spectators on the opposite side of Commerce Street. Later, Talbert directed that patrolmen be assigned to all street intersections the transfer vehicle would cross along the route to the county jail.[C5-109] His most significant security precautions, however, were steps designed to exclude unauthorized persons from the basement area.

The spacious basement of the Police and Courts Building contains, among other things, the jail office and the police garage. (See Commission Exhibit No. 2179, p. 211.) The jail office, into which the jail elevator opens, is situated on the west side of an auto ramp cutting across the length of the basement from Main Street, on the north side of the building, to Commerce Street, on the south side. From the foot of this ramp, on the east side, midway through the basement, a decline runs down a short distance to the =L=-shaped police garage. In addition to the auto ramp, five doors to the garage provide access to the basement from the Police and Courts Building on the west side of the garage and the attached Municipal Building on the east. Three of these five doors provide access to three elevators opening into the garage, two for passengers near the central part of the garage and one for service at the east end of the garage. A fourth door near the passenger elevator opens into the municipal building; the fifth door, at the Commerce Street side of the garage, opens into a sub-basement that is connected with both buildings.[C5-110]

Shortly after 9 o’clock Sunday morning, policemen cleared the basement of all but police personnel. Guards were stationed at the top of the Main and Commerce Streets auto ramps leading down into the basement, at each of the five doorways into the garage, and at the double doors leading to the public hallway adjacent to the jail office. Then, Sgt. Patrick T. Dean, acting under instructions from Talbert, directed 14 men in a search of the garage. Maintenance workers were directed to leave the area. The searchers examined the rafters, tops of air conditioning ducts, and every closet and room opening off the garage. They searched the interior and trunk compartment of automobiles parked in the garage. The two passenger elevators in the central part of the garage were not in service and the doors were shut and locked; the service elevator was moved to the first floor, and the operator was instructed not to return it to the basement.[C5-111]

Despite the thoroughness with which the search was conducted, there still existed one and perhaps two weak points in controlling access to the garage. Testimony did not resolve positively whether or not the stairway door near the public elevators was locked both from the inside and outside as was necessary to secure it effectively.[C5-112] And although guards were stationed near the double doors, the hallway near the jail office was accessible to people from inside the Police and Courts Building without the necessity of presenting identification. Until seconds before Oswald was shot, newsmen hurrying to photograph Oswald were able to run without challenge through those doors into the basement.[C5-113]

After the search had been completed, the police allowed news representatives to reenter the basement area and gather along the entrance to the garage on the east side of the ramp. Later, the police permitted the newsmen to stand in front of the railing on the east side of the ramp leading to Main Street. The policemen deployed by Talbert and Dean had instructions to allow no one but identified news media representatives into the basement. As before, the police accepted any credentials that appeared authentic, though some officers did make special efforts to check for pictures and other forms of corroborating identification. Many newsmen reported that they were checked on more than one occasion while they waited in the basement. A small number did not recall that their credentials were ever checked.[C5-114]

Shortly after his arrival on Sunday morning, Chief Curry issued instructions to keep reporters and cameramen out of the jail office and to keep television equipment behind the railing separating the basement auto ramp from the garage. Curry observed that in other respects Captain Talbert appeared to have security measures in hand and allowed him to proceed on his own initiative. Batchelor and Stevenson checked progress in the basement during the course of the morning, and the officials were generally satisfied with the steps Talbert had taken.[C5-115]

At about 11 a.m., Deputy Chief Stevenson requested that Capt. O. A. Jones of the forgery bureau bring all available detectives from the third floor offices to the basement. Jones instructed the detectives who accompanied him to the basement to line the walls on either side of the passageway cleared for the transfer party.[C5-116] According to Detective T. D. McMillon,

* * * Captain Jones explained to us that, when they brought the prisoner out, that he wanted two lines formed and we were to keep these two lines formed, you know, a barrier on either side of them, kind of an aisle * * * for them to walk through, and when they came down this aisle, we were to keep this line intact and move along with them until the man was placed in the car.[C5-117]

With Assistant Chief Batchelor’s permission, Jones removed photographers who had gathered once again in the basement jail office. Jones recalled that he instructed all newsmen along the Main Street ramp to remain behind an imaginary line extending from the southeast corner of the jail office to the railing on the east side of the ramp; other officers recalled that Jones directed the newsmen to move away from the foot of the Main Street ramp and to line up against the east railing. In any event, newsmen were allowed to congregate along the foot of the ramp after Batchelor observed that there was insufficient room along the east of the ramp to permit all the news representatives to see Oswald as he was brought out.[C5-118]

By the time Oswald reached the basement, 40 to 50 newsmen and 70 to 75 police officers were assembled there. Three television cameras stood along the railing and most of the newsmen were congregated in that area and at the top of the adjacent decline leading into the garage. A group of newsmen and police officers, best estimated at about 20, stood strung across the bottom of the Main Street ramp. Along the south wall of the passageway outside the jail office door were about eight detectives, and three detectives lined the north wall. Two officers stood in front of the double doors leading into the passageway from the corridor next to the jail office.[C5-119] (See Commission Exhibit No. 2634, p. 214.)

Beginning Saturday night, the public had been kept informed of the approximate time of the transfer. At approximately 10:20 a.m. Curry told a press conference that Oswald would be moved in an armored truck and gave a general description of other security precautions.[C5-120] Apparently no newsmen were informed of the transfer route, however, and the route was not disclosed to the driver of the armored truck until the truck arrived at the Commerce Street exit at about 11:07 a.m.[C5-121] When they learned of its arrival, many of the remaining newsmen who had waited on the third floor descended to the basement. Shortly after, newsmen may have had another indication that the transfer was imminent if they caught a glimpse through the glass windows of Oswald putting on a sweater in Captain Fritz’ office.[C5-122]

Because the driver feared that the truck might stall if it had to start from the bottom of the ramp and because the overhead clearance appeared to be inadequate, Assistant Chief Batchelor had it backed only into the entranceway at the top of the ramp. Batchelor and others then inspected the inside of the truck.[C5-123]

When Chief Curry learned that the truck had arrived, he informed Captain Fritz that security controls were in effect and inquired how long the questioning of Oswald would continue. At this point, Fritz learned for the first time of the plan to convey Oswald by armored truck and immediately expressed his disapproval. He urged the use of an unmarked police car driven by a police officer, pointing out that this would be better from the standpoint of both speed and maneuverability. Curry agreed to Fritz’ plan; the armored truck would be used as a decoy. They decided that the armored truck would leave the ramp first, followed by a car which would contain only security officers. A police car bearing Oswald would follow. After proceeding one block, the car with Oswald would turn off and proceed directly to the county jail; the armored truck would follow a lead car to the jail along the previously agreed upon and more circuitous route.[C5-124]

Captain Fritz instructed Detectives C. W. Brown and C. N. Dhority and a third detective to proceed to the garage and move the followup car and the transfer car into place on the auto ramp. He told Lt. Rio S. Pierce to obtain another automobile from the basement and take up a lead position on Commerce Street.[C5-125] Deputy Chief Stevenson went back to the basement to inform Batchelor and Jones of the change in plans.[C5-126] Oswald was given his sweater, and then his right hand was handcuffed to the left hand of Detective J. R. Leavelle.[C5-127] Detective T. L. Baker called the jail office to check on security precautions in the basement and notify officials that the prisoner was being brought down.[C5-128]

On arriving in the basement, Pierce asked Sgts. James A. Putnam and Billy Joe Maxey to accompany him in the lead car. Since the armored truck was blocking the Commerce Street ramp, it would be necessary to drive out the Main Street ramp and circle the block to Commerce Street. Maxey sat on the back seat of Pierce’s car, and Putnam helped clear a path through reporters on the ramp so that Pierce could drive up toward Main Street. When the car passed by the reporters at about 11:20 a.m., Putnam entered the car on the right front side. Pierce drove to the top of the Main Street ramp and slowed momentarily as Patrolman Roy E. Vaughn stepped from his position at the top of the ramp toward the street to watch for traffic.[C5-129] After Pierce’s car left the garage area, Brown drove another police car out of the garage, moved part way up the Commerce Street ramp, and began to back down into position to receive Oswald. Dhority also proceeded to drive the followup car into position ahead of Brown.[C5-130]

As Pierce’s car started up the ramp at about 11:20 a.m., Oswald, accompanied by Captain Fritz and four detectives, arrived at the jail office. Cameramen in the hallway of the basement took pictures of Oswald through the interior glass windows of the jail office as he was led through the office to the exit.[C5-131] Some of these cameramen then ran through the double doors near the jail office and squeezed into the line which had formed across the Main Street ramp.[C5-132] Still others remained just inside the double doors or proceeded through the double doors after Oswald and his escort emerged from the jail office.[C5-133] (See Commission Exhibit No. 2177, p. 217.)

When Fritz came to the jail office door, he asked if everything was ready, and a detective standing in the passageway answered yes.[C5-134] Someone shouted, “Here he comes!”; additional spotlights were turned on in the basement, and the din increased. A detective stepped from the jail office and proceeded toward the transfer car. Seconds later Fritz and then Oswald, with Detective Leavelle at his right, Detective L. C. Graves at his left, and Detective L. D. Montgomery at his rear, came through the door. Fritz walked to Brown’s car, which had not yet backed fully into position; Oswald followed a few feet behind. Newsmen near the double door moved forward after him.[C5-135] Though movie films and video tapes indicate that the front line of newsmen along the Main Street ramp remained fairly stationary, it was the impression of many who were close to the scene that with Oswald’s appearance the crowd surged forward. According to Detective Montgomery, who was walking directly behind Oswald, “as soon as we came out this door * * * this bunch here just moved in on us.”[C5-136] To Detective B. H. Combest, standing on the Commerce Street side of the passageway from the jail office door, it appeared that

Almost the whole line of people pushed forward when Oswald started to leave the jail office, the door, the hall--all the newsmen were poking their sound mikes across to him and asking questions, and they were everyone sticking their flashbulbs up and around and over him and in his face.[C5-137]

After Oswald had moved about 10 feet from the door of the jail office, Jack Ruby passed between a newsman and a detective at the edge of the straining crowd on the Main Street ramp. With his right hand extended and holding a .38 caliber revolver, Ruby stepped quickly forward and fired a single fatal bullet into Oswald’s abdomen.[C5-138] (See Commission Exhibit No. 2636, p. 218.)

POSSIBLE ASSISTANCE TO JACK RUBY IN ENTERING THE BASEMENT

The killing of Lee Harvey Oswald in the basement of police headquarters in the midst of more than 70 police officers gave rise to immediate speculation that one or more members of the police department provided Jack Ruby assistance which had enabled him to enter the basement and approach within a few feet of the accused Presidential assassin. In