OPENING STATEMENT BY THE DEFENSE IN THE CASE OF LEE HARVEY OSWALD
by Ralph C. Cinque
The jury deliberated for less than an hour. As I recall, maybe 40 minutes. What that tells me is that their minds were firmly made up. Even though the conviction side had the smallest possible majority, the others said, "No way; we ain't budgin'; tell the judge we're hung."
And, it is uplifting to me to realize that the jurors who voted to acquit Oswald were adamant about it. It dazzles me because the defense stunk so badly. They truly failed Oswald- miserably. They never ADVOCATED for him, meaning that they never expressed outrage to the jury about what was done to him. The whole defense should have been centered on HIM: Lee Harvey Oswald.
I told the idiot lawyers to forget about disputing the Single Bullet Theory because it didn't matter, not to Oswald. It didn't matter whether there was a shooter on the Grassy Knoll. What mattered is whether Oswald was up at the 6th floor window. The entire case should have been devoted to disputing that.
But, the point is that if Oswald wound up with 5 adamant jurors on his side after that miserable, rotten, lousy defense from those stinking lawyers, imagine how he would do if he got a real defense, a good defense, a competent, thorough, and effective presentation about his innocence. It makes me realize that with good lawyers, Oswald would sail to victory like Joshua.
Good lawyers would have focused on Oswald: his whereabouts, his alibi, and his innocence. They would have addressed the evidence against him and demolished it. Their opening statement would have gone something like this:
"Ladies and Gentlemen of the jury: I am here to tell you that Lee Harvey Oswald was innocent; he did not shoot President John F. Kennedy on November 22, 1963."
"At the time President Kennedy was shot, Lee Harvey Oswald was standing in the doorway of the Texas Book Depository, and we have a photographic image of him there. And, we will be showing you that image and comparing it to other images of Oswald in which you will be able to not only match the man, but also match the clothing. You'll see that the shirt Oswald was wearing when he was arrested is the same shirt he was wearing in the doorway an hour before- and it is a very distinctive shirt. And you'll also be able to match the t-shirt."
"The very idea that another man looked that much like Oswald- and dressed that much like him- is utterly preposterous."
"We will be examining all the evidence against Oswald. However, we will NOT spend time challenging the Single Bullet Theory, because, although we dispute it and deny it vociferously, it has no bearing on whether Oswald was up on the 6th floor with a rifle."
"So, the Single Bullet Theory is a contentious and controversial issue, but it is not evidence against Oswald, and disputing it cannot help Oswald. What is the evidence against Oswald? The evidence against Oswald includes the following:
-fingerprint and palm-print evidence, which we will show to be completely and totally unreliable and unsubstantiated
-the testimonies of Buell Frazier and his sister Linnie Mae that Oswald brought a long bag to work that day, which he claimed was curtain rods. We will directly rebut those testimonies.
-the testimony of the most damaging witness of all against Oswald: his own wife Marina. We have an expert witness who will discuss the evidence for mental and physical coercion of Marina. And that coercion makes her entire testimony to the Warren Commission inadmissible.
-you'll be shown that Marina's claim that Oswald shot at General Walker is the ONLY evidence there is linking him to that event. Nothing else has any merit whatsoever. And because of what I just told you about her mental and physical coercion, even her testimony about it has no merit. So, there is nothing, of merit, linking Oswald to the Walker shooting. Nothing.
- you'll be shown that we were never given Oswald's alibi for the Tippit shooting. You'll be shown the bizarre things that that story entails, such as a man emptying the cylinder of his revolver of spent shells at the crime scene???? Such as two wallets turning up, one at the crime scene and one in Oswald's pocket????? Two wallets? Two FILLED wallets, with IDs, etc.??? How many wallets do you carry around at a time? We're supposed to believe that Oswald carried two??? And that just a taste concerning the Tippit shooting; there is much more.
-we will address the issue of Oswald "fleeing" Dealey Plaza. Fleeing? Did you know that Oswald offered his cab to a woman who seemed to be in a greater hurry than he was? Did you know that there were other warehouse workers who weren't present for the so-called TSBD roll-call, such as Charles Givens. But, no one suspected on that basis that he might be the killer; just Oswald.
-we will look at the Backyard photos, and you will see that it's only Oswald's face in the photos, and not even his whole face. It's not even his chin. That wide, anvil-like chin in the Backyard photos was certainly not Oswald's.
-we will present the evidence showing that Oswald never ordered a rifle from Klein's Sporting Goods in Chicago. We will also demonstrate that a rifle ordered by an "A. Hidell" could never have reached Oswald at his P.O. box, the way he had it set up.
-we will present the evidence showing that Oswald never went to Mexico City; that he was framed for that, and by whom? The CIA."
"And there is more, much more. By the time we're finished, you'll realize that Oswald was a victim that day- as much so as John F. Kennedy, that Oswald is, in fact, one of the most wronged men who ever lived."
"And with so much ground to cover concerning the evidence against Oswald, I hope you will understand why we won't waste time addressing the Single Bullet Theory. IT HAS NO BEARING ON WHETHER OSWALD WAS IN THE SNIPER'S NEST ON THE 6th FLOOR, THEREFORE, IT IS IRRELEVANT TO HIS DEFENSE. Thank you."
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