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Author Topic: CT's, in court how would you defend Oswald?  (Read 97617 times)

Offline Ross Lidell

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Re: CT's, in court how would you defend Oswald?
« Reply #32 on: June 23, 2019, 08:26:07 PM »
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The racism in Dallas and the whole South at the time was massive, it was a powder keg, with bombings etc, this was number one motive as was the fact that J.F.K was a Catholic and this stood to ruin the US UK special relationship and and most importantly a new foreign policy direction.
 If Milteers prediction could have been presented, along with the possibility that another firing point was available, to still carry the same line of fire., and with Oswald himself put into the witness box, to tell us exactly where he was for the shooting, he would have been acquitted.

Social circumstances in Dallas (circa 1963) is not evidence of Lee Harvey Oswald being innocent of shooting John F. Kennedy.

Milteer's prediction [it's in the works] has nothing to do with Dallas. This is too vague and therefore immaterial.

Oswald in the witness box (at his trial)? Very funny!!!

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Re: CT's, in court how would you defend Oswald?
« Reply #32 on: June 23, 2019, 08:26:07 PM »


Offline Ross Lidell

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Re: CT's, in court how would you defend Oswald?
« Reply #33 on: June 23, 2019, 08:27:40 PM »
OJ was from a different era with a sympathetic jury.  Oswald was the most hated man in America and the evidence was overwhelming against him.  A 1964 Texas jury convicts him a thousand times out of a thousand.  Oswald's best legal advice would have been to plead guilty in return for no death penalty.  Something akin to what James Earl Ray did.  The only question is whether Oswald wanted a show trial to espouse his grievances.

As "the Fonze" would say: Correctamundo!

Offline Ross Lidell

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Re: CT's, in court how would you defend Oswald?
« Reply #34 on: June 23, 2019, 08:34:49 PM »
Anywhere but Texas, would be my bet.

According to Wade, by law, the trial would have to be held in Texas. I haven’t verified that, but I think that you might want to research the law before you actually make that request. 😉

The indictment of Lee Harvey Oswald was for the murder of John F. Kennedy.

There was no Federal law regrading murdering the President of the United States.

The trial would have to be in Texas.

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Re: CT's, in court how would you defend Oswald?
« Reply #34 on: June 23, 2019, 08:34:49 PM »


Online Charles Collins

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Re: CT's, in court how would you defend Oswald?
« Reply #35 on: June 23, 2019, 08:49:04 PM »
The indictment of Lee Harvey Oswald was for the murder of John F. Kennedy.

There was no Federal law regrading murdering the President of the United States.

The trial would have to be in Texas.

Thank you.

Online Charles Collins

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Re: CT's, in court how would you defend Oswald?
« Reply #36 on: June 23, 2019, 08:51:43 PM »
I haven’t verified that

perhaps you should verified it first and then comment on it   Thumb1:

For your sake?   :D

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Re: CT's, in court how would you defend Oswald?
« Reply #36 on: June 23, 2019, 08:51:43 PM »


Online Steve M. Galbraith

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Re: CT's, in court how would you defend Oswald?
« Reply #37 on: June 23, 2019, 09:34:50 PM »
The indictment of Lee Harvey Oswald was for the murder of John F. Kennedy.

There was no Federal law regrading murdering the President of the United States.

The trial would have to be in Texas.
True, but there was (and is) a Federal law against murder. Here: https://www.law.cornell.edu/uscode/text/18/1111

The question would be who had jurisdiction to prosecute Oswald. Since it was on Texas property it was a state crime. Had Oswald shot JFK on federal property - say at the White House - he would have been prosecuted for murder by the federal government.

Bugliosi also pointed out that if there was evidence that he conspired to murder JFK then the Federal government - not just Texas - would have had jurisdiction to charge him with conspiracy to murder. So he could have been charged with conspiracy to murder by the state of Texas AND conspiracy to murder by the Federal government. The Supreme Court just ruled that is allowed because they are two separate sovereigns (thus, double jeopardy does apply would not have applied if he was found innocent in Texas).
« Last Edit: June 24, 2019, 04:36:56 PM by Steve M. Galbraith »

Offline Ross Lidell

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Re: CT's, in court how would you defend Oswald?
« Reply #38 on: June 23, 2019, 09:47:31 PM »
True, but there was (and is) a Federal law against murder. Here: https://www.law.cornell.edu/uscode/text/18/1111

The question would be who had jurisdiction to prosecute Oswald. Since it was on Texas property it was a state crime. Had Oswald shot JFK on federal property - say at the White House - he would have been prosecuted for murder by the federal government.

And as Bugliosi pointed out, if there was evidence that he conspired to murder JFK then the Federal government - not just Texas - would have had jurisdiction to charge him with conspiracy to murder. So he could have been charged with conspiracy to murder by the state of Texas AND conspiracy to murder by the Federal government. The Supreme Court just ruled that is allowed because they are two separate sovereign (thus, double jeopardy does apply if he was found innocent in Texas).

Steve,

Would that law (1963) have been legislated to account for Washington DC which is not a State but is a separate part of the USA?

Military installations could also be subject to Federal Law not State's.

Was there any evidence (not speculation) discovered between November 22 - 24 November 1963 that would prove Lee Harvey Oswald conspired with a person or group to murder John F. Kennedy?

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Re: CT's, in court how would you defend Oswald?
« Reply #38 on: June 23, 2019, 09:47:31 PM »


Offline Bill Chapman

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Re: CT's, in court how would you defend Oswald?
« Reply #39 on: June 23, 2019, 10:29:32 PM »
In a 1999 interview Robert Oswald told me Lee was looking forward to a trial and would have confessed.  I asked him how he knew this. He responded “I know my brother”.  For what it’s worth.

Yep.

Robert Oswald/ PBS interview
https://www.pbs.org/wgbh/frontline/article/interview-robert-oswald/