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31

On second thought, perhaps LHO intentionally wanted the rifle to be traced to himself. He apparently wanted to leave his Walker attempt planning records for the “historical record”. So, why not make it apparent that the revolver and rifle both belonged to himself also?

There is also the possibility, addressed in Marina's WC testimony, that he wanted to be caught.
32
As I stated on another thread, when I bought my 30-06 in Phoenix in 1976 out of the classified ads in the Arizona Republic, the seller and I met in the parking lot of Park Central Mall as a mutually convenient spot. I simply gave him the cash and he gave me the rifle. Possibly we introduced ourselves as Lance and Vladimir, but I don't recall even that. People who didn't live in a state like Arizona or Texas in the 1960's and 1970's perhaps have no idea the extent to which buying and selling guns was no more complex than buying and selling golf clubs or baby strollers. Yes, the gun would be identifiable by serial number, but tracing it would be a hell of a project.


On second thought, perhaps LHO intentionally wanted the rifle to be traced to himself. He apparently wanted to leave his Walker attempt planning records for the “historical record”. So, why not make it apparent that the revolver and rifle both belonged to himself also?
33
As someone who is just catching up with what goes on over there, my jaw is kinda on the floor. I echo the kudos to Duncan for running a forum free of the seemingly looney behavior at the other spot.
34
3. Seriously contemplated reporting him to the Colorado Medical Board and asking if they really thought this guy should be providing psychiatric counseling (as opposed to receiving it!) but then decided that opening a can of worms with a loose cannon like NiederNut was probably not in my best interests.

I am beyond flabbergasted that a psychiatrist who has ideas like his floating around in his head is able to maintain a practice. It reminds me of when I first began representating a mental health agency in involuntary commitments of folks with serious mental illnesses who were a danger to themselves or others. A commitment required the testimony of two licensed psychiatrists. The attorney I replaced warned me, "You're quickly going to learn the psychiatrists are nuttier than the patients."

Although I was no longer a member of the Ed Forum, the appointment of NiederNut and Sandy Larsen as moderators was to me the clearest sign this was no longer a serious forum and that something was very, very wrong. Talk about the lunatics running the asylum.

Calling the medical board about him is kinda a genius idea Lance! But I agree that this fella seems unhinged.
35
2. He ordered the rifle on March 12, so it’s a virtual certainty he had the Walker attempt in mind. Yet he ordered it by mail using a money order and his own post office box, albeit with a fake name. This made the rifle completely traceable and, as Zeon has pointed out, seems foolhardy. He could have easily bought a better rifle for cash right there in Dallas and it would have been completely untraceable. Does this seem rational for the guy who did all the planning described in paragraph 1 two days previously?

I don’t agree with “completely untraceable”. I believe guns had serial numbers and the investigators could have found and interviewed the original owner who could have identified LHO as the one who purchased the gun from him. I do agree that LHO made a big mistake by using his own P.O. Box. The only explanation I might have is LHO’s extreme frugality and very limited money available at that point in time.

As I stated on another thread, when I bought my 30-06 in Phoenix in 1976 out of the classified ads in the Arizona Republic, the seller and I met in the parking lot of Park Central Mall as a mutually convenient spot. I simply gave him the cash and he gave me the rifle. Possibly we introduced ourselves as Lance and Vladimir, but I don't recall even that. People who didn't live in a state like Arizona or Texas in the 1960's and 1970's perhaps have no idea the extent to which buying and selling guns was no more complex than buying and selling golf clubs or baby strollers. Yes, the gun would be identifiable by serial number, but tracing it would be a hell of a project.
36
6. Marina said he carried the rifle fully assembled under a raincoat both coming and going from the Walker attempt and that this was what he always did when he took the rifle to practice. He carried it this way on public buses.

---

I have never heard of Marina saying he carried the rifle fully assembled on the bus. Do you have a source for this?

That's what I understood from her WC testimony, and I don't have the time or energy at the moment to go back through it. She said that he always carried the rifle that way when he took it to practice. I may have assumed a bus. It would be kind of hard to ride a motorcycle in a raincoat with a rifle tucked under it, but the bus may be an assumption on my part. All the authorities seem to say he took a bus to the Walker house.

See pages 231-232 of her WC testimony. She said he told her he took the bus to practice and she found it rather odd that he would do that with a rifle under his raincoat.

Whew, my infallibility remains intact. I was worried there for a moment.
38
They have turned on him to some extent, but not to the extent of reality: Sir, you are a very sick human being. You need help.

Because he still holds the moderator's cudgel, apparently they fear being summarily banned (oh, the horror!).

Even Simkin did a complete tap-dance. He's "going on holiday," but he'll get back to this later.

This guy actually is a Harvard-educated PSYCHIATRIST, for God's sake. Oh, the irony.
39
Just to shed some light on the tracing process. The federal government is barred from maintaining a registry of guns. Some states do, but not the federal government. In order to trace a weapon, the investigators have to have the weapon in their possession. Assuming they are able to link the weapon to a particular crime, the first step would be to contact the manufacturer with the make and serial number of the weapon in question. Since Oswald's rifle was foreign made, they probably would go first to the importer which would have records for each firearm imported. The manufacturer or importer would be able to tell them which retailer the weapon was sold to. The retailer is required by law to maintain a log of every weapon they sell, identifying the name of that person. In this case, the retailer would have told the investigators that the weapon was sold to A. Heidel and the shipping address of the buyer. If a retailer goes out of business, they are required to turn over their log of weapons sold to BATFE.

Has Oswald chosen to buy a rifle from a local retailer, they would have recorded his name and the make and serial number of the weapon sold. Oswald could have given them an alias as he did with Klein's, but there would be a record of the sale. The only thing that made the purchase of the rifle more traceable was that Klein's had an address that the rifle was shipped to and that PO Box was traceable to Oswald. Oswald's fake ID was just one more piece of the puzzle the investigator's had to link Oswald too the rifle.

If Oswald had succeeded in killing Walker, the DPD would not have had the murder weapon in their possession so there would have been no way to trace it to Oswald. In the JFKA, Oswald was forced to leave his weapon behind since trying to flee with a rifle would not have been practical. Even if he had taken the time to disassemble the rifle and put it back in the bag, it certainly would have drawn attention to himself if he tried to take the weapon with him. The decisions Oswald made in buying a mail order rifle do not need to be viewed in context of the JFKA because he couldn't possibly have known 8 months prior to that act that he would one day be able to use that rifle to kill JFK. I think he bought that rifle for one simple reason. It was dirt cheap. The fact he also purchased a scope indicates he likely had nefarious intentions.
40
Jesus, "a dog with a bone," as Mark Urik said about someone not long ago. Apparently you simply cannot admit you are wrong and let it go. I am on the verge of suffering not merely "Sandy Larsen flashbacks" but "Sandy Larsen PTSD."

Look, booby, you cited (1) the Manson case, which was tried as a conspiracy case, and in fact the Tate and LaBianca murders were committed in the same manner by the same people on two successive nights, and (2) the OJ case, where the two murders were committed at the same time and place using the same weapon and obviously by the same perpetrator. Neither is the situation with JFK and Tippit.

Yes, obviously, crimes including murders are often tried together. This is why EVERY STATE has a statute or rule that crimes may be tried together if they are part of the "same criminal episode" (or words to that effect). DUH, YES? Likewise, EVERY STATE has a statute or rule that the crimes may be SEVERED, meaning SEPARATE TRIALS, if the defendant can show a single trial would result in unfair prejudice. DUH, YES? The very existence of these rules refutes the silly arguments you keep making. DUH, YES?

Because you are an "everything is black and white" know-it-all who has no clue how lawyers think - just like Sandy Larsen! - you seemingly can't grasp that every situation is different. What the hell was your career - IRS tax auditor? It can't have been anything requiring nuanced thinking.

Sometimes the prosecution would want separate trials, sometimes the defense would want one. Sometimes the prosecution would want one, the defense two. Often neither side cares one way or the other. It's always a matter of trial strategy. A simple Google search will generate multiple appellate cases where severance was an issue, with a defendant typically arguing that severance should have been granted and he was prejudiced because it was not.

For the last time: The JFK and Tippit murders are not inevitably connected, except in the mind of an LN zealot. The evidence and witnesses would be entirely different. There would be HUGE risk that a jury would connect the two and decide that Oswald "must have" killed Tippit if he killed JFK or "must have" killed JFK if he killed Tippit. This is the potential prejudice of trying both murders together, and it is precisely the invalid connection that Bugliosi made in the mock trial (where there obviously was not going to be a motion for severance because it was just a TV show).

I can GUARANTEE you that in a trial of Oswald the defense would be arguing both that (1) two trials were required because the murders were not part of the same episode, and (2) even if they were, severance should be granted because of the potential prejudice of trying them together. If the motion were denied, the defense would pursue what is called an interlocutory appeal, meaning an appeal before the trial even begins. If the interlocutory appeal were denied, the defense would preserve the severance issue as a major one on post-trial appeal. The correctness of the defense's position would be so clear in this case that I strongly doubt the prosecution would even oppose severance.

Apparently every forum has its Pretend Lawyers. At the Ed Forum, I not only had goofy Sandy, who was some sort of civil engineer, but even Jim DiEugenio lecturing me as to how I didn't understand the rules of evidence. Yeeesh ...

Rather than refute the above post point-by-point, I will simply say that you are the one that made the claim that the JFK and Tippit murders would have been tried separately yet you can't point to a single precedence that supports that claim. Just to refresh your memory, you made this exact statement:

"In my humble opinion, in the real world the murders would have required bifurcated trials."

You have offered nothing but your humble opinion to support that statement.

On the one hand we have the OJ murder case in which he killed two people in the same place at the same time in which the two murders were tried in a single trial. Then we have the Manson murders in which multiple people killed multiple other people in four different places on four different dates, also tried in a single trial. In between those two extremes we have Oswald killing two men on the same day less than an hour apart and in two locations that are about a 5 minute drive apart and you insist that would have required two separate trials. What was unique about Oswald's murders that would have required separate trials that wouldn't have applied to either of the two other cases.
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