Hypothetical question

[Andrew Mason]

There is no evidence as to any of the 3 shots causing Tague's injury, only speculation. The only one I would rule out would be the second one because that was CE399 was recovered intact except for small fragments of lead from the base. What you mean is taking selected witnesses' statements at face value which is a silly thing to do given how often witnesses are wrong about important details. If we take witness statements at face value, we would have to conclude the shooting happened a dozen or more ways. I can read what Hickey said but that doesn't mean I'm going to assume he got everything right. That's your game.

You obviously haven't read Tague's testimony (7 H 555):

Mr. LIEBELER Do you have any idea which bullet might have made that mark?
Mr. TAGUE. I would guess it was either the second or third. I wouldn’t say
definitely on which one.
Mr. LIEBELER . Did you hear any more shots after you felt yourself get hit in
the face?
Mr. TAGUE. I believe I did.
Mr. LIEBELER. You think you did?
Mr. TAGUE. I believe I did.
Mr. LIEBELER. How many?
Mr. TAGUE. I believe that it was the second shot, so I heard the third shot afterwards.
Mr. LIEBELER. Did you hear three shots?
Mr. TAGUE. I heard three shots; yes sir. And I did notice the time on the Hertz clock. It was 12:29.

The WC even remarked "In Tague's opinion, it was the second shot which caused the mark, since he thinks he heard the third shot after he was hit in the face." (WR 116).

[John Corbett]

You obviously haven't read Tague's testimony (7 H 555):

Mr. LIEBELER Do you have any idea which bullet might have made that mark?
Mr. TAGUE. I would guess it was either the second or third. I wouldn’t say
definitely on which one.
Mr. LIEBELER . Did you hear any more shots after you felt yourself get hit in
the face?
Mr. TAGUE. I believe I did.
Mr. LIEBELER. You think you did?
Mr. TAGUE. I believe I did.
Mr. LIEBELER. How many?
Mr. TAGUE. I believe that it was the second shot, so I heard the third shot afterwards.
Mr. LIEBELER. Did you hear three shots?
Mr. TAGUE. I heard three shots; yes sir. And I did notice the time on the Hertz clock. It was 12:29.

The WC even remarked "In Tague's opinion, it was the second shot which caused the mark, since he thinks he heard the third shot after he was hit in the face." (WR 116).

So you think a witness who said "I guess" and then wasn't sure if it was the second or third shot is compelling? Why am I not surprised.

He even disagrees with the consensus of opinion that the Hertz clock as 12:30. Nothing he said establishes anything as a fact. He's guessing about everything.

[Andrew Mason]

So you think a witness who said "I guess" and then wasn't sure if it was the second or third shot is compelling? Why am I not surprised.

He initially said he "would guess it was either the second or third".   But when asked whether he heard any more shots after he felt the hit in the face he thought about it and said "I believe I did".  When asked "You think you did?" he replied "I believe I did" "I believe that it was the second shot. So I heard the third shot afterwards".  He has never deviated from that since.  As I say, it is not the greatest evidence but it is evidence.  So it is factually incorrect to say that there is no evidence as to which shot struck Tague.  And, for what it is worth, it fits with what Greer said about sensing an impact in the car on the second shot. (The dent in the windshield frame was within a foot of his right ear).

He even disagrees with the consensus of opinion that the Hertz clock as 12:30. Nothing he said establishes anything as a fact. He's guessing about everything.

If I had known you were going to question that I would have added the next question and answer (7 H 555):

"Mr. LIEBELER. That was about the time that you felt yourself struck?
Mr. TAGUE. I just glanced. I mean I just stopped, got out of my car, and here came the motorcade. I just happened upon the scene."

So it appears that the time 12:29 may have been when he glanced at the clock as he was getting out of the car which was just before the shots. Others looked at the clock after the shots and said it read 12:30.