by Barry Krusch
2 C.M.A. McAuliffe, “Burdens of Proof: Degrees of Belief, Quanta of Evidence, or Constitutional Guarantees?”, 35 Vand. L. Rev. 1293, at 1325 (1982).
3 Ibid. at 1332.
4 See, for example, Rita James Simon & Linda Mahan, “Quantifying Burdens of Proof: A View from the Bench, the Jury and the Classroom,” 5 Law & Soc’y Rev. 319, 322 (1971).
8 50,000 out of 1,000,000 is a much less severe restriction than 3.4 out of 1,000,000.
Footnote references for Chapter 4: Reasonable Doubt: How Evidence Affects Confidence Level
1 Model Rules of Prof’l Conduct R. 3.8(d) (1983) (emphasis supplied).
2 See, the aforementioned Mooney v. Holohan, 294 U.S. 103 (1935), Pyle v. Kansas, 317 U.S. 213 (1942)., and United States v. Agurs, 427 U.S. 97 (1976).
3 Federal Rules of Criminal Procedure, Rule 31. http://www.law.cornell.edu/rules/frcrmp/Rule31.htm (retrieved May 9, 2011)
Footnote references for Chapter 6: Essential Background: Government-Manufactured Reality
4 For details, see Cooper v. Brown, 565 F.3d 581 (9th Cir. 2009) , found at http://www.ca9.uscourts.gov/datastore/opinions/2009/05/11/05-99004o.pdf. (Retrieved March 25, 2011). Subsequent citations will refer to the PDF which starts at page 5429.
5 The Supreme Court handed down its decision on November 30, 2009. http://en.wikipedia.org/wiki/Kevin_Cooper_(inmate) (retrieved May 17, 2011). See also http://off2dr.com/smf/index.php?topic=2168.0 (retrieved May 17, 2011).
6 Samuel R. Gross and Barbara O’Brien, “Frequency and Predictors of False Conviction: Why We Know So Little, and New Data on Capital Cases,” Journal of Empirical Legal Studies Volume 5, Issue 4, 927–962, December 2008. In footnotes to the above, the authors noted “The Los Angeles cases were discovered when a major scandal in the Rampart Division of the Los Angeles Police Department unraveled, beginning in September 1999. Ultimately, at least 100 defendants were exonerated. For an in-depth look at the Rampart scandal, including links to official reports and reviews and a summary of the scandal’s aftermath, see PBS Frontline, L.A.P.D. Blues, available at http://www.pbs.org/wgbh/pages/ frontline/shows/lapd/bare. html; see also Report of the Rampart Independent Review Panel (Nov. 16, 2000), available at http://www.ci.la.ca.us/oig/rirprpt.pdf; Lou Cannon, “One Bad Cop,” N.Y. Times Magazine, Oct. 1, 2000, at 32; Anna Gorman, For Some, it’s Too Late to Overturn Convictions: Judges Are Refusing to Review Cases Involving Tainted Officers if Inmate Is No Longer in Custody, L.A. Times, May 19, 2002, at B1 (nearly 150 convictions overturned); David P. Leonard, Policing the Criminal Justice System: Different Worlds, Different Realities, 34 Loy. L.A. L. Rev. 863, 872-79 (2001) (Rampart residents overwhelmingly Latino); Stephen Yagman, Bada Bing, L.A. City Hall Has a Rico Ring, L.A. Times, Apr. 25, 2001, at B9 (more than 110 convictions overturned); Texas Scandal Throws Doubt on Anti-Drug Task Forces, USA Today, Mar. 31, 2004, at 3A; Adam Liptak, $5 Million Settlement Ends Case of Tainted Texas Sting, N.Y. Times, Mar. 11, 2004, at A14; Polly Ross Hughes, Perry Pardons 35 in Tulia Sting, Houston Chronicle, Aug. 23, 2003, at A1.”
9 http://en.wikipedia.org/wiki/Operation_Northwoods. Other URLS are http://www.smeggys.co.uk/operation_northwoods.php, http://www.gwu.edu/~nsarchiv/news/20010430/doc1.pdf, and http://media.nara.gov/media/images/36/15/36-1469a.jpg (retrieved 3/28/2011).
10 “In the Nation: The Intra-Administration War In Vietnam,” The New York Times, October 3, 1963.
11 Those with a membership to maryferrell.org, the premier JFK assassination research website, can access the following document by going to the following URL: http://www.maryferrell.org/mffweb/archive/naraSearch.do, and typing in the following record number: 104-10404-10376. Alternatively, you can go to the main webpage, and type the record number into the search results field there. The following URL pulled up the document as of March 30, 2011: http://www.maryferrell.org/mffweb/archive/viewer/ showDoc.do?mode=searchResult&absPageId=214533
Footnote references for Chapter 7: The Case Against Lee Harvey Oswald
1 At least knowingly.
3 See select provisions of the Model Penal Code, http://www1.law.umkc.edu/suni/CrimLaw/ MPC_Provisions/model_penal_code_default_rules.htm (retrieved April 5, 2011). See also United States v. Staples, 511 U.S. 600, 605 (1994); Liparota v. United States, 471 U.S. 419, 426 (1985); Morissette v. United States, 342 U.S. 246, 250-51 (1952).
4 “A Hybrid Approach to the Use of Deliberate Ignorance in Conspiracy Cases,” Jessica Kozlov-Davis, 100 Mich. L. Rev. 473 (2001).
5 “Casenote: Defining The Sprawling Arms Of Conspiracy: The United States Court Of Appeals For The Eighth Circuit Correctly Addressed The "Clean Breast" Doctrine As It Affects Withdrawal From A Conspiracy In United States v. Grimmett”, Ryan Grace, 35 Creighton L. Rev. 433 (2002).
6 “The Communist Party’s Cold War Against Congressional Investigation of Subversion: Report and Testimony of Robert Carillo Ronstadt,” Committee on Un-American Activities, House Of Representatives, 87th Congress, 2nd session (October 10, 1962), p. 1499, found at http://www.archive.org/details/communistpartysc00unit (retrieved May 3, 2011).
8 Totten v. United States, 92 U.S. 105 at 106 (1875), found at http://supreme.justia.com/us/92/105/case.html. See The Craft Of Intelligence, pp. 127-8 for a discussion of the case.
11 Harvey and Lee CD ROM, Image nov_22-23-17.jpg.
13 “In the Nation: The Intra-Administration War In Vietnam,” The New York Times, October 3, 1963.
14 “Helms Disavows ‘Illegal’ Spying By The CIA In US,” The New York Times, December 25th, 1974.
16 For discussion of this possibility, see Files On JFK, pp. 112 and 138 and 303, testimony of James Files and Tosh Plumlee and Senator Bob Bennett (R-UT), respectively.
Footnote references for Chapter 9: Proposition One, Element One: Exactly 3 Shots Fired
1 For more information on the release of these significant documents, and the difficulty of making them available to the public, see in general http://www.maryferrell.org/wiki/index.php/ Freeing_the_JFK_Files.
4 “Telephone Conversation Between the President and J. Edgar Hoover (from Mr. Hoover), November 29, 1963, 1: 40 PM,” http://www.historymatters.com/archive/jfk/lbjlib/phone_calls/ Nov_1963/html/LBJ-Nov-1963_0239a.htm (retrieved June 30, 2011).
5 “2d Shot Reported Fatal to Kennedy,” The New York Times, December 18, 1963.
6 “Officials Silent on Kennedy Shots,” The New York Times, December 19, 1963.
7 “Washington News,” Journal of the American Medical Association, January 4, 1964, Vol 187, No. 1, pp. A15-A17, http://jama.ama-assn.org.libproxy.lib.unc.edu/content/187/1/A15.full.pdf+html (retrieved July 4, 2011).
8 “12 Perplexing Questions About Kennedy Assassination Examined,” The New York Times, December 19, 1963.
10 “House Select Committee on Assassinations Final Report, Current Section: C. The Committee Believes . . ., That President John F. Kennedy was Probably Assassinated as the Result of a ConspiracyReport,” http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?docId= 800&relPageId=127 (retrieved June 30, 2011).
12 F or examples, see http://en.wikipedia.org/wiki/Continuity_%28fiction%29#Continuity_errors (retrieved September 19, 2011).
20 “CSS Form (Crime Scene Section), by J. C. Day. Form listing evidence found on the sixth floor of the Texas School Book Depository, (Original), 11/22/63. 00002641,” http://jfk.ci.dallas.tx.us/26/ 2641-001.gif (retrieved September 07, 2011). This higher-quality image comes from the book Searching The Shadows, p. 207.
24Times not from Reclaiming History are from http://en.wikipedia.org/wiki/First_inauguration _of_Lyndon_B._Johnson (retrieved September 07, 2011).
25 That this time is accurate is confirmed by 26 H 830, quoting a January 08, 1964 letter by Day which states that Lieutenant Day returned to Elm Street at “about 2:45 pm.”
26 This photo is located in box 173 b of the FBI Dallas Field Office File 89-43, RG 65, JFK Collection, National Archives, RIF 124-10063-10042.
27 See also FBI File 89-43-1A [28], Evidence Envelope dated Nove
mber 22, 1963, National Archives; Crime Scene Search Form, November 22, 1963, box 9, folder 4, items 31 and 32.
31 “Warren Commission Hearings, Volume XXIV, Current Section: CE 2003 - Dallas Police Department file on investigation of the assassination of the President (CD 81b, all pages),” http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?docId=1140&relPageId=280 (retrieved June 30, 2011).
36 In addition, excellent analysis of this issue was provided by Michael Weisberg in his article “Three Cartridge Cases: Chain Of Possession,” The Third Decade, Volume 6, Issue 4, http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?absPageId=521580, and Jerry Rose in his article “Shell Games, part 1,” The Third Decade, Volume 4, Issue 5, http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?absPageId=521352.
37 “Warren Commission Hearings, Volume XXIV, Current Section: CE 2003 - Dallas Police Department file on investigation of the assassination of the President (CD 81b, all pages),” http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?docId=1140&relPageId=278 (retrieved June 30, 2011).
56 “Warren Commission Hearings, Volume XXIV, Current Section: CE 2003 - Dallas Police Department file on investigation of the assassination of the President (CD 81b, all pages),” http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?docId=1140&relPageId=280 (retrieved June 30, 2011).
57 “Warren Commission Hearings, Volume XXIV, Current Section: CE 2003 - Dallas Police Department file on investigation of the assassination of the President (CD 81b, all pages),” http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?docId=1140&relPageId=280 (retrieved June 30, 2011).
60 “Affidavit In Any Fact-typed, by J. C. Day. Statement by J. C. Day concerning the confusion regarding the number of spent hulls found at the Texas School Book Depository immediately after the assassination, (Carbon Copy Signed and Annotated), 05/07/64,” http: //jfk.ci.dallas.tx.us/26/2634-001.gif (retrieved August 24, 2011).
67 http://www.history-matters.com/archive/jfk/wc/wcvols/wh15/html/WC_Vol15_0405b.htm; http://www.history-matters.com/archive/jfk/wc/wcvols/wh15/html/WC_Vol15_0384a.htm
72 “Warren Commission Hearings, Volume XXIV, Current Section: CE 2003 - Dallas Police Department file on investigation of the assassination of the President (CD 81b, all pages),” http://www.maryferrell.org/mffweb/archive/viewer/showDoc.do?docId=1140&relPageId=365 (retrieved June 30, 2011).
73 “Transcript of November 29, 1963 Phone Call at 855 P.M. Between Lyndon Baines Johnson and Richard Russell,” http://www.historymatters.com/archive/jfk/lbjlib/phone_calls/Nov_1963/ html/LBJ-Nov-1963_0309a.htm (retrieved July 11, 2001: paragraphs on separate pages combined into one by author).
77 “Investigations: Some Say It’s Garrison Who’s In Wonderland,” The New York Times, May 14, 1967.
Table of Contents
About This Book
Foreword
Introduction
An Introduction to Reasonable Doubt
The Deductive Case
An Objective Standard
How Evidence Affects Confidence Level
Categories Of Evidence Reducing Confidence Level
Essential Background: Government-Manufactured Reality
The Case Against Lee Harvey Oswald
Elements Of The Case Against Lee Harvey Oswald
Proposition One, Element One: Exactly 3 Shots Fired
Footnotes
