Warren Commission (02 of 26): Hearings Vol. II (of 15)United States. Warren Commission
History
Warren Commission (02 of 26): Hearings Vol. II (of 15)
United States. Warren Commission
Kennedy, John F. (John Fitzgerald), 1917-1963 -- Assassination; Oswald, Lee Harvey
If Marina Oswald, the widow, sought to have counsel represent her
husband I would think--here--I would think that would cause a conflict
and a problem, if the widow and also the mother made the same request.
But as I understand it no request has been made by the widow, who
has indicated to the press that she believes her husband is guilty,
and through her former business agent, Mr. Martin, who I am told
was secured for her by the Secret Service as a business agent, she
indicated that even a trial which might prove he was innocent, she
would still be sure he was guilty, and has indicated since that time
no desire to my knowledge to secure counsel for her husband, her late
husband, before the Commission.
I think, then, the mother would, in almost any jurisdiction, be the
next person to make a decision in this area, and the mother has made a
decision, as you know. She has retained me to represent the rights and
interests of her son.
I think under those circumstances it would be proper for the Commission
to permit me to participate.
This, of course, is not a jury trial. With all due respect to the
integrity and background of each of the members of the Commission,
I suggest that it is not the function of the trying body to appoint
counsel, or the jury to appoint counsel, but in our society it is just
the reverse; it is the function of defense counsel to participate in
determining who the jury should be.
Many criminal lawyers, very noted counsel, would probably seek to
excuse certain--and again no disrespect at all is meant to the
background of members of this Commission--but defense counsel generally
seeks to excuse as jurors those who are in any way associated with
the Government in a criminal case. And here we have the Government
appointing the jury, and then the jury picking counsel, who also is
Government connected at this time. I in no way wish to raise the
question of the integrity of any of the members of the Commission
or counsel or anyone else, or their ability. But that truism about
equality has some meaning in terms of impartiality--everyone is
impartial to some people, and more impartial to other people. And
counsel, in order to function, I believe, must be totally independent
and totally committed to the responsibility of representing his client.
But above all, he must be secured by someone who has the ability to
speak for the deceased, in this case his mother and his wife. And under
those circumstances, I renew my request that I be permitted to, at the
request of Lee Oswald's mother, who survives him--to function before
this Commission as counsel on his behalf.
The CHAIRMAN. Mr. Lane, I must advise you that the Commission, as you
already know, has considered your request and has denied it. It does
not consider you as the attorney for Lee Oswald. Now, this is not for
any discussion. We are not going to argue it. You have had your say,
and I will just answer.
Public-domain text, read in full here on John Shaqi.
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