CHAPTER 1
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...
