The Mammoth Book of Conspiracies (41 page)

The committee concluded, based on the state of disruption within the commission and the questions that had arisen as to the sanctity of commission proceedings, that an individual organized crime leader who was planning an assassination conspiracy against President Kennedy might well have avoided making the plan known to the commission or seeking approval for it from commission members. Such a course of unilateral action seemed to the committee to have been particularly possible in the case of powerful organized crime leaders who were well established, with firm control over their jurisdictions.

The committee noted a significant precedent for such a unilateral course of action. In 1957, Vito Genovese engineered the assassination of Albert Anastasia, then perhaps the most feared Mafia boss in the country. Six months earlier, Genovese’s men had shot and wounded Frank Costello, who once was regarded as the single most influential organized crime leader. Both the Anastasia assassination and the Costello assault were carried out without the knowledge or consent of the national commission. Genovese did, however, obtain approval for the crimes after the fact. It was an extraordinary sequence of events that Attorney General Kennedy noted in September 1963, when he stated that Genovese “… wanted Commission approval for these acts – which he has received.” The Genovese plot against Anastasia and Costello and the ex post facto commission approval were integral events in the rise to dominance of organized crime figures for the years that followed. It directly led to the assemblage of national syndicate leaders at the Apalachin conference three weeks after the Anastasia murder, and to the rise of Carlo Gambino to a position of pre-eminence in La Costa Nostra.

Analysis of the 1963–64 investigation.
In its investigation, the committee learned that fears of the possibility that organized crime was behind the assassination were more common among Government officials at the time than has been generally recognized. Both Attorney General Kennedy and President Johnson privately voiced suspicion about underworld complicity. The Attorney General requested that any relevant information be forwarded directly to him, and there was expectation at the time that the recently created Warren Commission would actively investigate the possibility of underworld involvement.

The committee found, however, that the Warren Commission conducted only a limited pursuit of the possibility of organized crime complicity. As has been noted, moreover, the Warren Commission’s interest in organized crime was directed exclusively at Jack Ruby, and it did not involve any investigation of the national crime syndicate in general, or individual leaders in particular. This was confirmed to the committee by J. Lee Rankin, the Commission’s general counsel, and by Burt W. Griffin, the staff counsel who conducted the Ruby investigation. Griffin testified before the committee that “… the possibility that someone associated with the underworld would have wanted to assassinate the President … [was] not seriously explored” by the Warren Commission.

The committee similarly learned from testimony and documentation that the FBI’s investigation of the President’s assassination was also severely limited in the area of possible organized crime involvement. While the committee found that the Bureau was uniquely equipped, with the Special Investigative Division having been formed two years earlier specifically to investigate organized crime, the specialists and agents of that Division did not play a significant role in the assassination investigation. Former Assistant FBI Director Courtney Evans, who headed the Special Investigative Division, told the committee that the officials who directed the investigation never consulted him or asked for any participation by his Division. Evans recalled, “I know they sure didn’t come to me. We had no part in that that I can recall.” Al Staffeld, a former FBI official who supervised the day-today operations of the Special Investigative Division, told the committee that if the FBI’s organized crime specialists had been asked to participate, “We would have gone at it in every damn way possible.”

Ironically, the Bureau’s own electronic surveillance transcripts revealed to the committee a conversation between Sam Giancana and a lieutenant, Charles English, regarding the FBI’s role in investigating President Kennedy’s assassination. In the 3 December 1963 conversation, English told Giancana: “I will tell you something, in another 2 months from now, the FBI will be like it was 5 years ago. They won’t be around no more. They say the FBI will get it (the investigation of the President’s assassination). They’re gonna start running down Fair Play for Cuba, Fair Play for Matsu. They call that more detrimental to the country than us guys.”

The committee found that the quality and scope of the investigation into the possibility of an organized crime conspiracy in the President’s assassination by the Warren Commission and the FBI was not sufficient to uncover one had it existed. The committee also found that it was possible, based on an analysis of motive, means and opportunity, that an individual organized crime leader, or a small combination of leaders, might have participated in a conspiracy to assassinate President Kennedy. The committee’s extensive investigation led it to conclude that the most likely family bosses of organized crime to have participated in such a unilateral assassination plan were Carlos Marcello and Santos Trafficante. While other family bosses on the commission were subjected to considerable coverage in the electronic surveillance program, such coverage was never applied to Marcello and almost never to Trafficante.

Carlos Marcello.
The committee found that Marcello had the motive, means and opportunity to have President John F. Kennedy assassinated, though it was unable to establish direct evidence of Marcello’s complicity.

In its investigation of Marcello, the committee identified the presence of one critical evidentiary element that was lacking with the other organized crime figures examined by the committee: credible associations relating both Lee Harvey Oswald and Jack Ruby to figures having a relationship, albeit tenuous, with Marcello’s crime family or organization. At the same time, the committee explicitly cautioned: association is the first step in conspiracy; it is not identical to it, and while associations may legitimately give rise to suspicions, a careful distinction must always be drawn between suspicions suspected and facts found.

As the long-time La Cosa Nostra leader in an area that is based in New Orleans but extends throughout Louisiana and Texas, Marcello was one of the prime targets of Justice Department efforts during the Kennedy administration. He had, in fact, been temporarily removed from the country for a time in 1961 through deportation proceedings personally expedited by Attorney General Kennedy. In his appearance before the committee in executive session, Marcello exhibited an intense dislike for Robert Kennedy because of these actions, claiming that he had been illegally “kidnapped” by Government agents during the deportation.

While the Warren Commission devoted extensive attention to Oswald’s background and activities, the committee uncovered significant details of his exposure to and contacts with figures associated with the underworld of New Orleans that apparently had escaped the Commission. One such relationship actually extended into Oswald’s own family through his uncle, Charles “Dutz” Murret, a minor underworld gambling figure. The committee discovered that Murret, who served as a surrogate father of sorts throughout much of Oswald’s life in New Orleans, was in the 1940s and 1950s and possibly until his death in 1964, an associate of significant organized crime figures affiliated with the Marcello organization.

The committee established that Oswald was familiar with his uncle’s underworld activities and had discussed them with his wife, Marina, in 1963. Additionally, the committee found that Oswald’s mother, Marguerite Oswald, was acquainted with several men associated with lieutenants in the Marcello organization. One such acquaintance, who was also an associate of Dutz Murret, reportedly served as a personal aide or driver to Marcello at one time. In another instance, the committee found that an individual connected to Dutz Murret, the person who arranged bail for Oswald following his arrest in August 1963 for a street disturbance, was an associate of two of Marcello’s syndicate deputies. (One of the two, Nofio Pecora, as noted, also received a telephone call from Ruby on 30 October 1963, according to the committee’s computer analysis of Ruby’s phone records.)

During the course of its investigation, the committee developed several areas of credible evidence and testimony indicating a possible association in New Orleans and elsewhere between Lee Harvey Oswald and David W. Ferrie, a private investigator and even, perhaps, a pilot for Marcello before and during 1963. From the evidence available to the committee, the nature of the Oswald-Ferrie association remained largely a mystery. The committee established that Oswald and Ferrie apparently first came into contact with each other during Oswald’s participation as a teenager in a Civil Air Patrol unit for which Ferrie served as an instructor, although Ferrie, when he was interviewed by the FBI after his detainment as a suspect in the assassination, denied any past association with Oswald.

In interviews following the assassination, Ferrie stated that he may have spoken in an offhand manner of the desirability of having President Kennedy shot, but he denied wanting such a deed actually to be done. Ferrie also admitted his association with Marcello and stated that he had been in personal contact with the syndicate leader in the fall of 1963. He noted that on the morning of the day of the President’s death he was present with Marcello at a courthouse in New Orleans. In his executive session testimony before the committee, Marcello acknowledged that Ferrie did work for his lawyer, G. Wray Gill, on his case, but Marcello denied that Ferrie worked for him or that their relationship was close. Ferrie died in 1967 of a ruptured blood vessel at the base of the brain, shortly after he was named in the assassination investigation of New Orleans District Attorney Jim Garrison.

The committee also confirmed that the address 544 Camp Street, that Oswald had printed on some Fair Play for Cuba Committee handouts in New Orleans, was the address of a small office building where Ferrie was working on at least a part-time basis in 1963. The Warren Commission stated in its report that despite the Commission’s probe into why Oswald used this return address on his literature, “investigation has indicated that neither the Fair Play for Cuba Committee nor Lee Oswald ever maintained an office at that address.”

The committee also established associations between Jack Ruby and several individuals affiliated with the underworld activities of Carlos Marcello. Ruby was a personal acquaintance of Joseph Civello, the Marcello associate, who allegedly headed organized crime activities in Dallas; he also knew other individuals who have been linked with organized crime, including a New Orleans nightclub figure, Harold Tannenbaum, with whom Ruby was considering going into partnership in the fall of 1963.

The committee examined a widely circulated published account that Marcello made some kind of threat on the life of President Kennedy in September 1962 at a meeting at his Churchill Farms estate outside New Orleans. It was alleged that Marcello shouted an old Sicilian threat,
“Livarsi na petra di la Scarpa!”
“Take the stone out of my shoe!” against the Kennedy brothers, stating that the President was going to be assassinated. He spoke of using a “nut” to carry out the murder.

The committee established the origin of the story and identified the informant who claimed to have been present at the meeting during which Marcello made the threat. The committee also learned that even though the FBI was aware of the informant’s allegations over a year and half before they were published in 1969, and possessed additional information indicating that the informant may in fact have met with Marcello in the fall of 1962, a substantive investigation of the information was never conducted. Director Hoover and other senior FBI officials were aware that FBI agents were initiating action to “discredit” the informant, without having conducted a significant investigation of his allegations. Further, the committee discovered that the originating office relied on derogatory information from a prominent underworld figure in the ongoing effort to discredit the informant. An internal memorandum to Hoover noted that another FBI source was taking action to discredit the informant, “in order that the Carlos Marcello incident would be deleted from the book that first recounted the information.”