The problem----

Senator COOPER. May I ask a question there--just to clarify? Did you

say that in this article that Life said that the late President had

turned around and was facing the Book Depository Building when the shot

was fired?

Mr. LANE. Yes, Senator. The trouble with that theory, however, which

was enunciated by Life, and from where they secured it I do not

know, but they certainly were in Dallas very much in evidence on the

scene--was that the week prior to then Life magazine itself printed

the stills of the motion pictures, and in those stills, with Life's

own captions, it was quite plain that the President was looking almost

completely forward, just slightly to the right, but almost forward, and

certainly not turned around when the first shot was fired. And so the

stills printed in Life's own publication a week before they enunciated

this theory proved that the Life theory was false.

In addition to this, persons present on the scene, such witnesses as

Mrs. Connally and the Governor of Texas, indicated that the President

was looking almost straight ahead. And I believe that Mrs. Connally

stated that she had just made a statement to the President, tragically

enough, something about, "You cannot say the people of Dallas have not

given you a warm welcome today," and he was about to respond when the

first bullet struck him.

In order for the prosecution to remain with the theory in the light

of the new evidence that Oswald was the assassin and he acted alone,

something would have to give, and it became plain that the third try

would have to result in a new examination of the medical testimony.

Mr. Dudman stated that the doctors at Parkland Hospital, who had, of

course, this vital evidence to offer, were never questioned about the

vital evidence by the FBI or by the Secret Service, and that it was not

until after an autopsy had been performed at Bethesda, that two Secret

Service agents, armed with that report, journeyed down to the Parkland

Hospital and talked to the doctors, for the purpose of explaining to

them that the new medical testimony and evidence indicated they were

all in error at the outset. And, eventually, that was the position

agreed to by the physicians, that they all had been in error when they

stated that it was an entrance wound in the throat.

Physicians seem to agree that a short period of time after death, as

a result of the deterioration of tissue, it is much more difficult to

examine wounds to determine if they are entrance wounds or exit wounds.

In addition to this, according to Mr. Dudman in the Post Dispatch

there had been an operation performed on what the doctors thought then

was an entrance wound; therefore, it would seem altering the wound in

the throat so that it would probably be more difficult to determine

if it were an entrance or an exit wound, after the operation had been

completed.

However, I do not know, of course, what is in the autopsy report--very

likely you have seen that report--but portions of it, whether

accurately or inaccurately, have been leaked to the public through

the press. And the portion which has been leaked to the press, to the

public through the press, in reference to the wound in the President's

throat, indicated that the bullet struck the back of the President's

head, and either a fragment of the bullet or a fragment of bone from

the President's head exited at the throat.

If this were so, while it could explain perhaps the wound in the

throat, it would be difficult to understand why this was not apparent

to the doctors in the Parkland Hospital, particularly in view of the

fact that it would indicate that the path of the bullet ran from the

top of the head down to the throat, not from the throat down to the

back of the chest, a very different path entirely.

And since Dr. Perry indicated that he inserted a tube into the

President's throat following the bullet wound, it would be difficult to

understand how he was not aware of the path of the bullet, when it was

absolutely in the opposite direction from the one he thought it was in

when he inserted the tube.

Most remarkable of all, though, is that if the bullet entered the top

of the head, and a portion of it or a portion of bone exited from the

throat, the collapse of the lungs and the frothing of air at the throat

are both indications of a punctured lung--it would be difficult to

explain by that particular bullet's path.

I think that an openminded investigating and prosecuting agency would

have found, at the outset, in view of the medical evidence available

at the outset, that the President was shot from the front while

facing slightly to the right, and after passing the book depository

building--an openminded investigating body in Dallas, the district

attorney's office or the police, or others who were associated in that

investigation, might have considered abandoning their theory that

Oswald was the assassin and that he acted alone, and might have been

led by the factual data to investigate in other areas as well--clearly

something that they did not do.

I have been informed by reporters, for example, that--reporters from

foreign countries covering the trial, that some of them were very

concerned about the fact that they would now not be able to leave

Dallas, that clearly the airports would be closed, there would be

roadblocks placed on many of the streets, the trains would be stopped

or searched, in order that the assassin or those who assisted him,

or those who assisted the assassins, might be prevented from readily

leaving the entire area.

I am informed by the reporters in the area that there were no such

roadblocks, that planes continued to leave, trains continued to leave,

and that the prosecution continued with its theory that Oswald was the

assassin, that he acted alone, and they had secured his arrest, and

there was nothing more to be done other than to prove as conclusively

as possible, utilizing the press as we know, and the television, and

the radio media for that purpose.

And while I am on this question, I wonder if I might ask the Commission

to give consideration to--although I don't believe that it is

present in any of the six panels which have been established by the

Commission--but to give consideration nevertheless to the 48 hours

in which Oswald was in custody, in reference to what happened to his

rights as an American citizen, charged with a crime in this country.

The statement by the National Board of the American Civil Liberties

Union, that had Oswald lived he could not have secured a fair trial

anywhere in this country.

The CHAIRMAN. You may be sure, Mr. Lane, that that will be given most

serious consideration by the Commission, and the Commission has already

appointed as an act in that direction the President of the American

Bar Association, with such help as he may wish to have, to make an

investigation of that very thing. I assure you it will be done by the

Commission.

Mr. LANE. Getting back to the evidence, Mr. Chief Justice, the

spectator closest to President Kennedy, a Mrs. Hill, who was a

substitute teacher in the Dallas public school system, stated to me

that she was in her view the closest spectator to the President, and

was standing alongside a Mary Moorman, who resides in Dallas.

Mr. RANKIN. Do you have the date of this interview, Mr. Lane?

Mr. LANE. It was within the last week. She stated to me that she was

the closest spectator to the President, she and her friend, when the

President was struck by a bullet. She said that she heard some four to

six shots fired.

Now, she was standing on the grass across the--across Elm Street,

across from the Texas Book Depository Building. She said that in

her--it is her feeling that all of the shots, the four to six shots,

came from the grassy knoll near the triple overpass which was at that

time directly in front and slightly to the right of the Presidential

limousine, and that in her view none of the shots were fired from the

Book Depository Building which was directly across the street from her,

and which was to the rear of the Presidential limousine.

She said further that after the last shot was fired, she saw a man run

from behind the general area of a concrete facade on that grassy knoll,

and that he ran on to the triple overpass.

She told me that standing alongside of her was Mary Moorman, who took

a picture of the President just a brief moment before the first shot

was fired, and that agents of the Federal Bureau of Investigation took

the film from Miss Moorman, and gave her a receipt, which she still has

in her possession, but that she has not been able to see the picture,

and that it is possible that the picture included the entire Book

Depository Building, taken just precisely a second or less before the

shots were fired.

Tom Wicker, who is a member of the New York Times White House staff,

who was the only New York Times reporter in Dallas when the President

was shot, stated in an article which appeared in the Saturday Review,

on January 11, 1964, "As we came out of the overpass, I saw a

motorcycle policeman drive over the curb, cross an open area, a few

feet up a railroad bank, dismount, and start scrambling up the bank."

Ronnie Dugger, who is the editor of the Texas Observer, a statewide

publication in Texas, stated in his publication on November 29, 1963,

and later stated to me in two different interviews material of the same

nature.

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