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Oswald and Ruby: The Transcript


John Simkin

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Dallas County District Attorney Henry Wade was poised to profit off JFK files

01:20 AM CST on Sunday, February 24, 2008

By DAVID FLICK and DAVID TARRANT / The Dallas Morning News

More:

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/022408dnmetjfkmovie.3d7772b.html

Henry Wade, the legendary Dallas County district attorney known for his no-nonsense style, apparently was not immune to the lure of a little movie magic.

And the man with a reputation for unshakeable integrity was agreeable to receiving thousands of dollars in return for giving filmmakers exclusive access to legal documents connected to the assassination of President John F. Kennedy, some of which were kept from the public for another four decades.

The existence of 15 boxes of JFK-related material, locked away in a DA's office safe, was announced Monday by Craig Watkins, the current district attorney, who said his predecessors had kept the documents under wraps even after Mr. Wade's retirement.

Mr. Wade died in 2001, and several calls to surviving family members were not returned.

Tantalizing new details about the little-known episode of Mr. Wade's involvement in a movie venture about the Nov. 22, 1963, JFK assassination and the trial of Jack Ruby were found in a Dallas Morning News examination of the long-hidden files.

Mr. Wade's involvement in the venture began with a letter to Dallas leaders sometime in early 1967 from Robert Larsen, whose Colorado-based production company made commercials and industrial films.

His Hollywood résumé was brief. It included a 1958 "semi-documentary" on the dangers of narcotics and a 1962 short titled Century 21 Calling , in which – according to a synopsis in the Internet Movie Database (IMDb.com) – "two perky teens explore every inch of the telephone exhibit at Seattle's fair."

Mr. Larsen's letter, addressed simply "to whom it may concern" and written in florid prose, pitched an idea for a documentary film.

Mr. Larsen said the film would use the JFK assassination as a starting point, but he touted the project as a way to revive the city's image, which had been tarnished by the assassination and ensuing media coverage.

The letter began by appealing to local resentment over the negative portrayal.

"Typically, the Northern press pointed a bloody finger at Dallas," Mr. Larsen's letter recounted. "Hundreds of cigar puffing reporters poured from editor's [sic] offices in New York, Chicago, Detroit, Boston and Philadelphia. Their assignment was clear ... 'Scorch the cocky Texans, blow up that John Birch ad, don't forget that LBJ comes from Texas, exploit the firearms angle, keep it coming, ring it dry.' "

The point of his film would be "to balance the scales," Mr. Larsen promised.

"The crux of the film will not be a tired rehash of the death of John F. Kennedy. We will use the murder to bait the hook for the more important story; the story of Dallas ... Dallas 1967 ... a dynamic great city absorbed with the infinite promise of the future."

The movie, eventually titled Countdown in Dallas, was not intended to be a Cecil B. DeMille epic.

Mr. Larsen proposed a budget of $250,000, modest even in that era. While he promised to enlist an A-list Hollywood star to narrate the film ("Jimmy Stewart would be ideal"), other roles would be taken by local people playing themselves.

Mr. Larsen's letter found its way to the DA's office, bringing a quick and favorable response from Mr. Wade.

By early April 1967, the two men had discussed the project in Mr. Wade's office. The prosecutor sent a subsequent letter assuring the producer of his support.

Within weeks, Mr. Wade, Dallas Police Chief Jesse Curry and Bob Denson, chief defense investigator in the Jack Ruby trial, had formed a company that would act as a "vehicle for this venture," according to a letter from the district attorney to Mr. Larsen.

Making a deal An April 27, 1967, agreement gave the company – called Flag-Star – the option of buying "the exclusive right to use each and all of our several public, private and confidential files [regarding Oswald, Ruby and President Kennedy] for a construction therefrom of a photoplay...."

If Mr. Wade's company exercised its option to use the district attorney's files, Mr. Wade would receive $10,000, plus another $10,000 when the film was completed, plus a percentage of the producer's gross. Mr. Curry and Mr. Denson would receive lesser amounts.

The copy of the agreement in the files is unsigned. It is unclear if the option was ever exercised, although Mr. Wade said in a letter accompanying the agreement that he and his partners intended to do so.

Mr. Denson, the only surviving Flag-Star partner, said last week that Dallas businessman Don Lively, who was helping finance the project, later paid Mr. Wade at least $10,000 "for the time he spent on the deal."

Dallas lawyer Tom Lively said his older brother, Don, passed away many years ago. But in 1967, having just inherited some money from his late father, he wanted to get involved in films. He agreed to become a producer for the movie. Tom Lively also said he remembers his brother saying that he gave some money to Mr. Wade. He also remembers that his brother and Mr. Larsen, the filmmaker, had a strong business disagreement.

The documents examined by The News do not shed light on whether the money was for partial fulfillment of the agreement, and they do not indicate whether Mr. Wade or any of his partners ever received additional money.

Robert Schuwerk, past chairman of the Texas Disciplinary Rules of Professional Conduct Committee, said he was not familiar enough with the judicial ethics code that existed in 1967 to know if Mr. Wade had violated it by accepting money for public documents.

"But this does seem to me to be questionable," said Dr. Schuwerk, now a professor of law at the University of Houston Law Center. "After you've left office and want to write your memoirs, that's one thing. But I don't think that while you're still in office you can profit from what is essentially exercising a part of your duties, and it seems to me that's what was happening here."

Mr. Wade kept the deal quiet, even from his own chief prosecutor, Bill Alexander.

"Henry concealed that from me. He didn't want anyone to know about it," Mr. Alexander said last week.

In any case, the project seems to have quickly fallen into financial trouble. Mr. Denson said the businessman later pulled out after he was unable to raise enough money for the project.

In the meantime, Mr. Larsen plowed forward.

In correspondence over the next few months, Mr. Wade offered advice, provided lists of residents who had played prominent roles in the real-life drama of the assassination and kept track of the film's progress. He also offered to encourage real-life participants to cooperate.

He made at least one casting recommendation – the wife of the presidential assassin.

"Marina Oswald made a favorable impression in television appearances, and I believe she would make an excellent contribution to history and to the film by appearing live," he wrote to Mr. Larsen.

It was advice well-taken: A Los Angeles Times story during that period described Ms. Oswald as the film's star, and one contemporary news account mentioned she was given a screen test.

'A bad taste' Not all local leaders shared Mr. Wade's belief that Countdown in Dallas was a good thing for Dallas. City officials declined to allow the film crews on municipal property, and Parkland Memorial Hospital officials also declined to cooperate.

The director of the Texas School Book Depository was quoted in the Times story as saying the concept of the movie "left me with a bad taste in my mouth."

Later, he acknowledged that he had asked producers for $2,000 to appear in the movie and $5,000 for use of the building.

Although preliminary filming had begun, shooting was shut down in early August with no public explanation.

After a brief period of renewed optimism in early September, the deal finally fell apart by the end of the month.

It was in that period that Mr. Alexander, the chief prosecutor, said he first learned that his boss had been involved in making a movie.

He went to see the district clerk to retrieve some of Ruby's personal items after a probate judge ordered them returned to the former nightclub owner's family. The district clerk told Mr. Alexander that some of the items had already been shipped to the filmmaker.

By late September 1967, Mr. Wade wrote in a personal letter that the film project was "a dead issue."

One item that did not surface in the files revealed this week by Mr. Watkins – at least in those viewed by The News –was the script to Countdown in Dallas.

But Mr. Larsen gave a copy of the script to Dick West, the late editorial page editor of The News. Elizabeth West now has her grandfather's copy.

She described the photoplay as "trite," and "one of the worst things I've ever seen," said Ms. West, a New York graphic artist.

"If you went to film school and took a class on documentary, this is everything you should not do," she said.

She contradicts a theory expressed by Mr. Watkins at the Monday news conference that a disputed "transcript" – allegedly a conversation between Ruby and Oswald plotting the president's death – might have been part of the movie script.

Ms. West said the purported dialogue appears nowhere in the screenplay.

Motive? An unanswered question is why Mr. Wade got involved in the movie venture in the first place.

A letter from John Bartholomew, the film's writer, to Mr. Wade implies the prosecutor saw the project as a way to ensure his legacy.

"I think that all men want a memorial to their stay on earth," Mr. Bartholomew wrote. "They like money and they like power, but the closer they get to their God, the more they crave a lasting memorial that will mark their contribution."

In a return letter, Mr. Wade thanks Mr. Bartholomew, but does not respond to that argument.

Mr. Larsen's pitch that the film would help restore Dallas' image seemed to carry little weight with Mr. Wade, who never uses it in letters defending the project.

Instead he seemed more interested in getting the facts correct as when he writes a letter to one of the film's financial backers, saying that Countdown in Dallas "historically will be of great service to the people of this city as well as the nation and the world."

Mr. Alexander, 88, speculated that Mr. Wade's motive was simple: He may have needed money to help pay off old campaign debts.

Asked if accepting money for public documents would have been illegal or unethical, Mr. Alexander said: "I won't say what he did was illegal. But I will say it was stupid and in bad taste."

Mr. Denson, 80, who now lives on a ranch in the Hill Country, strongly denies that Mr. Wade, who stepped down in 1986, was in the deal for the money.

"He did it to help the city," Mr. Denson said. "I've known Wade for a long time, and I don't think I knew a man with more integrity. I can tell you that he would never do anything for the money."

John Larsen, the filmmaker's son, said his 82-year-old father now lives in California and didn't want to discuss the movie.

The experience left his father, who had seen the Kennedy film as a big career opportunity, deeply disappointed. And he never fully understood why the deal collapsed.

"It's something he's been thinking about over the years," said Mr. Larsen, a filmmaker like his father. "He was very earnest about it ... [but] very politically naive."

Thanks to TB for passing this on. - BK

-- Regards, TOM BLACKWELL, PO Box 25403, Dallas, Texas 75225 http://DemocraticResearch.Org

Edited by William Kelly
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Bill: Thank you for posting this important material. This is a very interesting passage:

One item that did not surface in the files revealed this week by Mr. Watkins – at least in those viewed by The News –was the script to Countdown in Dallas.

But Mr. Larsen gave a copy of the script to Dick West, the late editorial page editor of The News. Elizabeth West now has her grandfather's copy.

She described the photoplay as "trite," and "one of the worst things I've ever seen," said Ms. West, a New York graphic artist.

"If you went to film school and took a class on documentary, this is everything you should not do," she said.

She contradicts a theory expressed by Mr. Watkins at the Monday news conference that a disputed "transcript" – allegedly a conversation between Ruby and Oswald plotting the president's death – might have been part of the movie script.

Ms. West said the purported dialogue appears nowhere in the screenplay.

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John,

She contradicts a theory expressed by Mr. Watkins at the Monday news conference that a disputed "transcript" – allegedly a conversation between Ruby and Oswald plotting the president's death – might have been part of the movie script.

Ms. West said the purported dialogue appears nowhere in the screenplay. [/color]

I myself have doubted that this transcript was for a movie.

I think what it is, is that Wade asked Jarnigan to write out what he allegedly overheard in the Carousel. I suspect that this is Jarnigan's original statement to Wade.

It's odd. I believe that this transcript was marked "Plaintiff's Exhibit." Since Wade was the plaintiff in the Ruby case, I wonder if he intended to introduce it at trial.

Steve Thomas

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John,
She contradicts a theory expressed by Mr. Watkins at the Monday news conference that a disputed "transcript" – allegedly a conversation between Ruby and Oswald plotting the president's death – might have been part of the movie script.

Ms. West said the purported dialogue appears nowhere in the screenplay. [/color]

I myself have doubted that this transcript was for a movie.

I think what it is, is that Wade asked Jarnigan to write out what he allegedly overheard in the Carousel. I suspect that this is Jarnigan's original statement to Wade.

It's odd. I believe that this transcript was marked "Plaintiff's Exhibit." Since Wade was the plaintiff in the Ruby case, I wonder if he intended to introduce it at trial.

Steve Thomas

I too find this Oswald Ruby "transcript" interesting enough to run down.

And heads up to ST for pointing out its a "Plaintiff's Exhibit," which I didn't notice.

There should be a comparison between the exhibit of the "transcript" in the WC and that from the Dallas DA files (DDA).

And many thanks to all for keeping this thread "Transcript" specific, as I think we are getting close to figuring it all out.

BK

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John,
She contradicts a theory expressed by Mr. Watkins at the Monday news conference that a disputed "transcript" – allegedly a conversation between Ruby and Oswald plotting the president's death – might have been part of the movie script.

Ms. West said the purported dialogue appears nowhere in the screenplay. [/color]

I myself have doubted that this transcript was for a movie.

I think what it is, is that Wade asked Jarnigan to write out what he allegedly overheard in the Carousel. I suspect that this is Jarnigan's original statement to Wade.

It's odd. I believe that this transcript was marked "Plaintiff's Exhibit." Since Wade was the plaintiff in the Ruby case, I wonder if he intended to introduce it at trial.

Steve Thomas

I too find this Oswald Ruby "transcript" interesting enough to run down.

And heads up to ST for pointing out its a "Plaintiff's Exhibit," which I didn't notice.

There should be a comparison between the exhibit of the "transcript" in the WC and that from the Dallas DA files (DDA).

And many thanks to all for keeping this thread "Transcript" specific, as I think we are getting close to figuring it all out.

BK

Bill and Steve:

Just something to consider.

I was told some years ago that there was an Oswald/Ruby transcript in the Dallas DA files.

The source (Jarginan) had stated to the DPD his knowledge about this Ruby Oswald conversation. He was asked by the DPD to come in and talk to Wade. Wade had him, 'write it out". He was asked to take a lie detector of which he (Jarginan) agreeed. He was also put under oath (I was told) before he provided the transcript.

A Dallas detective was assigned to the case and given a copy of the transcript. Jarginan failed the lie detector, and the detective checked his story and came back with an interesting story in itself. Jack Ruby's club had been closed for a small remodel job at the time Jarginan had said the conversation had taken place. Wade became suspicious and decided not to continue the investigation. I think the movie contract was dated sometime after the lie detector and the completion of the investigation.

This is all hearsay from second and third parties and was told to me some years ago in general conversations with two DPD detictives concerning the secret papers in Wades safe. The DPD detectives investigation was put in the DPD vault (not the DA's safe) It should still be there.

note: There is a difference between the Vault and the Safe. The Vault is in reference to the DPD and the Safe is located in the DA's offices. Two different places.

I think this story should be easy to verifie. Check and see if Ruby's Club was closed during this time for remodle and if there was a building permit that reflects this. If it was not closed and the detective on the case said it was, then I think this should be looked into further and the detective should be looked into as to his associations. I do not know who this detective was. As I have said this was from second and third parties in an off the record type conversation of a few years ago. Jay Harrison knew about the Vault, but I am not sure about the safe. If he did then that information should be in his files... where ever they are. ???

I have been in touch with the Dallas DA, but I do not expect anything to come of it. I think the DA now feels he made a big mistake in opening this can of worms.

P.S. It was also said The Dallas Sportaturom (sp/), Ed Mc Lamora ? had a picture on the wall in his office which I think plays a part in all this but for the life of me I can't remember just what those details were all about. (something to do with Oswald and Ruby, but I do not think there is much to it... and perhaps I shoul'nt have brought it up. Anybody know anything about that? I do know I talked to the FBI about that picture and reference to it is in their files. AND, I was told in Wades files. again hearsay.

Edited by William Plumlee
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Dallas Morning News

http://www.dallasnews.com/sharedcontent/dw...n1.4656197.html

Profiles on Mr. Wade always mention that he never lost a case he personally prosecuted. His office won convictions in more than 90 percent of the cases it tried.

Since he retired, though, the convictions of more than a dozen men have been overturned because of DNA testing. Many of the faulty convictions occurred during Mr. Wade's tenure.

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Tosh,

I think this story should be easy to verifie. Check and see if Ruby's Club was closed during this time for remodle and if there was a building permit that reflects this. If it was not closed and the detective on the case said it was, then I think this should be looked into further and the detective should be looked into as to his associations.

I don't see anything in the HSCA chronology of Jack Ruby that shows the Carousel being closed.

http://www.maryferrell.org/mffweb/archive/...;relPageId=1101

Steve Thomas

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While not dismissing its possible import - if and when we learn how it came to be - it just has a false ring to the wording and not what would be expected of the two men to say, unless this is a dramatization to sheep dip one or both of them and/or they actually had the conversation and made statements so stilted for someone they knew was eavesdropping.

I agree.

The transcript has a "staged" or "scripted" appearance.

As to Wade never losing a case, I suspect that Wade assigned the tougher cases (where a defense verdict was likely or reasonably possible) to assistant DAs.

I similarly suspect that he kept easier, high profile cases, along with countless plea bargains.

These are just suppositions on my part, but I once worked with a litigator who made the same boast, and he had the reputation of assigning the tough cases to associates.

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So the last thing we heard about Larsen is that he was tracked down and living in Southern California where he refused to respond to questions from the press.

How long can this guy hold out before he says whether he still has any filmed interviews with witnesses or documentary records that Wade provided him?

Or am I missing something?

BK

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