Malcolm X (56 page)

New York County Assistant District Attorney VINCENT DERMODY advised on 2/9/66 that he did not believe it would be necessary to recall SA [BUREAU DELETION] as a witness at a later date.

Mr. DERMODY expressed his appreciation to SA [BUREAU DELETION] for testifying
and the
NYO for its assistance during the State's investigation of the case.

Addendum

(SAC D. E. RONEY):

On the late afternoon of 2/9/66, Mr. VINCENT DERMODY, Assistant District Attorney, New York County, telephoned me to convey his great appreciation to the Bureau for making available SA [BUREAU DELETION] to testify in the MALCOLM K. LITTLE trial. Mr. DERMODY said SA [BUREAU DELETION] was a wonderful witness, and used the word “terrific” to describe his testimony and demeanor on the witness stand. He said SA [BUREAU DELETION] certainly reflected great credit on the FBI. Mr. DERMODY also said he wanted to express his appreciation for the wonderful cooperation on the part of the NYO with the New York City Police Department and the District Attorney's office in this case. Mr. DERMODY said that the cooperation from the beginning of this case had been “terrific,” and said this was a perfect example of real effective cooperation.

Date: 2/25/66

Re Bulet dated 2/21/66, requesting the NYO to closely follow the trial in progress concerning the assassination of captioned subject and to keep the Bureau advised of all pertinent developments.

On 2/21/66, Detective JOSEPH REISCH, a ballistics expert, testified at the MALCOLM X murder trial at NY County Supreme Court, NYC, that cartridges taken from TALMADGE HAYER, one of 3 men charged with MALCOLM X's assassination, were linked with a .45 caliber weapon used to kill MALCOLM X. Detective REISCH said extraction marks found on .45 caliber cartridges taken from TALMADGE HAYER matched markings made by the weapon used to shoot MALCOLM X.

Detective REISCH continued by stating that a microscopic examination of the shell casings of the cartridges taken from HAYER matched three shells found in the Audubon Ballroom when MALCOLM X was slain. REISCH said the extraction marks on a gun are significant and peculiar to that particular weapon. He said the markings are similar to an individual's fingerprints.

It is noted that the .45 caliber pistol mentioned above was made available to the NYPD by SA [BUREAU DELETION] on 2/21/65, the day MALCOLM X was slain.

On 2/16/66, SA [BUREAU DELETION] made available to NY County Assistant District Attorney VINCENT J. DERMODY three photographs. Two of the photographs consisted of a group of male Negroes including HAYER in karate uniforms, the third photograph consisted of three persons, one being TALMADGE HAYER with the photographer who took the group photographs.

These photographs were made available to SA [BUREAU DELETION] by SA [BUREAU DELETION] of the NK Office. SA [BUREAU DELETION]

Assistant District Attorney DERMODY stated that the photographs would be “excellent evidence” that HAYER is or was associated with the Black Muslims since HAYER has denied being a Muslim or even being “associated with them.” Mr. DERMODY said he could only use the photographs if HAYER is even called to the stand by his attorney.

Mr. DERMODY and SA [BUREAU DELETION] then arranged that if HAYER was ever called to the stand during the trial, Mr. DERMODY would call SA [BUREAU DELETION]
who would then contact SA [BUREAU DELETION] in NK to have him present copies of photographs mentioned above to [BUREAU DELETION] to determine if he took the pictures, where and when and if he could identify HAYER. It was pointed out by Assistant District Attorney DERMODY [BUREAU DELETION] would have to be contacted only when HAYER is testifying [BUREAU DELETION].

On 2/23/66, Assistant District Attorney DERMODY contacted SA [BUREAU DELETION] and advised that HAYER was called by his attorney to testify on his own behalf and that he planned to show the above mentioned photographs to HAYER when he cross examined him [BUREAU DELETION].

While on the stand, HAYER denied charges that he had killed MALCOLM X a year ago, that he was ever a member of the Black Muslims, that he had ever learned or practiced karate or that he had a gun in his hand at the Audubon Ballroom the day MALCOLM X was killed.

While HAYER was being cross examined by Assistant District Attorney DERMODY, he was shown photographs of himself with a karate group and was “quite surprised,” remained silent for a moment and said it looks like him but it wasn't him.

In the meantime while HAYER was testifying, SA [BUREAU DELETION] of the NK Office contacted [BUREAU DELETION] and exhibited copies of the above mentioned photographs. [BUREAU DELETION] stated that he took the pictures at Muhammad's Mosque No. 25 at a Black Muslim bazaar in March, 1963. He identified the group photographs as that of a karate group which put on an exhibition and identified HAYER as TALMADGE only.

The results of the contact with [BUREAU DELETION] was made available to Mr. DERMODY on 2/23/66, who was very pleased.

Arrangements were made between Mr. DERMODY, SA [BUREAU DELETION] of the NYO and SA [BUREAU DELETION] NK, to have three members of the District Attorney's Office meet with SA [BUREAU DELETION] at 8:30 A.M., 2/24/66, who in turn would show the officials of the District Attorney's
Office [BUREAU DELETION] in order that they could interview [BUREAU DELETION] to return to NYC to testify.

On the afternoon of 2/24/66, Assistant District Attorney DERMODY advised SA [BUREAU DELETION] that DURANT testified on behalf of the State and identified the photographs as those taken by him in March, 1963, at Muhammad's Mosque No. 25, Newark, NJ, of a karate team that put on a karate exhibition. He then identified HAYER as TALMADGE who actually introduced himself to him during the affair.

Assistant District Attorney DERMODY again expressed his appreciation for the cooperation given to him by SA [BUREAU DELETION] and SA [BUREAU DELETION]. He stated that the state has just about completed its case and described the photograph and DURANT's testimony “as frosting on the cake” as far as the presenting of his case to the court is concerned.

Date: 3/7/66

ReNYairtel dated 3/3/66.

For the information of the Bureau and Newark Office. [BUREAU DELETION] NYC, advised SA [BUREAU DELETION] on 3/4/66, that THOMAS 15X JOHNSON and his wife testified at the MALCOLM X murder trial on 3/3 and 4/66.

Mrs. JOHNSON testified on 3/3/66, and stated that her husband was home all day on 2/21/65, when MALCOLM X was
killed. When questioned by the prosecutor as to whether her husband ever had a gun at home, she refused to answer the question. Later during the trial, Defense Attorney WEAVER asked Mrs. JOHNSON if her husband ever had a gun, and she answered yes. The prosecutor then told Mrs. JOHNSON that he asked her the same question only a few moments ago and she refused to answer the question. Mrs. JOHNSON then remarked “I don't have to answer to the police.”

THOMAS JOHNSON took the witness stand on 3/3/66 and the morning of 3/4/66. He denied ever leaving his home on 2/21/65, let alone killing MALCOLM X at the Audubon Ballroom on that date. He also stated he never handled a gun at any time in his life. Under cross-examination, JOHNSON admitted that he once bought a gun while he was unemployed and obtaining funds from the NYC Welfare Department.

[BUREAU DELETION] believed the case will go to the jury on or about 3/10/66.

ReNY teletype dated 2/28/66.

For the information of the Bureau and Newark Offices. [BUREAU DELETION] New York City, advised SA [BUREAU DELETION] on 3/2/66 that TALMADGE HAYER, while testifying on the stand in the MALCOLM X murder trial on 2/28/66 and 3/1/66, admitted he was hired to kill MALCOLM X for money, and had three other confederates whom he refused to identify. He did state that NORMAN 3X BUTLER and THOMAS 15X JOHNSON, also charged with the killing of MALCOLM X, are innocent.

[BUREAU DELETION] stated that the defense called a Dr.
KENNETH SESSLOWE, Lincoln Hospital, Bronx, to the witness stand on behalf of NORMAN BUTLER, who claimed the doctor treated him for an injured leg when MALCOLM X was killed. During the cross examination by Assistant District Attorney VINCENT J. DERMODY, the doctor admitted that he treated BUTLER, but four days after the killing of MALCOLM X and that the injury could have been caused by a person falling down a flight of stairs. It is noted that when [BUREAU DELETION] testified at the trial, he stated that one of the assassins jumped over TALMADGE HAYER while running down the stairs to get out of the Audubon Ballroom after MALCOLM X was killed. The defense attorneys, according to [BUREAU DELETION], were disturbed by the doctor's testimony and said they would impeach the doctor. Judge CHARLES MARKS reminded the defense attorneys that the doctor was their witness.