Report of the President's Commission on the Assassination of President John F. Kennedy

by United States. Warren Commission

PRELIMINARY ARRANGEMENTS

As early as December of 1963, Jack Ruby expressed his desire to be examined with a polygraph, truth serum, or any other scientific device which would test his veracity.[A17-1] The attorneys who defended Ruby in the State criminal proceedings in Texas agreed that he should take a polygraph examination to test any conspiratorial connection between Ruby and Oswald.[A17-2] To obtain such a test, Ruby’s defense counsel filed motions in court and also requested that the FBI administer such an examination to Ruby.[A17-3] During the course of a psychiatric examination on May 11, 1964, Ruby is quoted as saying: “I want to tell the truth. I want a polygraph * * *.”[A17-4] In addition, numerous letters were written to the President’s Commission on behalf of Ruby requesting a polygraph examination.[A17-5]

When Ruby testified before the Commission in Dallas County Jail on June 7, 1964, his first words were a request for a lie detector test. The Commission hearing commenced with the following exchanges:

Mr. Jack Ruby. Without a lie detector test on my testimony, my verbal statements to you, how do you know if I am telling the truth?

Mr. Tonahill [Defense Counsel]. Don’t worry about that, Jack.

Mr. Ruby. Just a minute, gentlemen.

Chief Justice Warren. You wanted to ask something, did you, Mr. Ruby?

Mr. Ruby. I would like to be able to get a lie detector test or truth serum of what motivated me to do what I did at that particular time, and it seems as you get further into something, even though you know what you did, it operates against you somehow, brain washes you, that you are weak in what you want to tell the truth about and what you want to say which is the truth.

Now Mr. Warren, I don’t know if you got any confidence in the lie detector test and the truth serum, and so on.

Chief Justice Warren. I can’t tell you just how much confidence I have in it, because it depends so much on who is taking it, and so forth.

But I will say this to you, that if you and your counsel want any kind of test, I will arrange it for you. I would be glad to do that, if you want it. I wouldn’t suggest a lie detector test to testify the truth.

We will treat you just the same as we do any other witness, but if you want such a test, I will arrange for it.

Mr. Ruby. I do want it. Will you agree to that, Joe?

Mr. Tonahill. I sure do, Jack.[A17-6]

Throughout Ruby’s testimony before the Commission, he repeated his request on numerous occasions that he be given an opportunity to take a lie detector test.[A17-7] Ruby’s insistence on taking a polygraph examination is reflected right to the end of the proceedings where in the very last portion of the transcribed hearings Ruby states:

Mr. Ruby. All I want to do is to tell the truth, and the only way you can know it is by the polygraph, as that is the only way you can know it.

Chief Justice Warren. That we will do for you.[A17-8]

Following Ruby’s insistence on a polygraph test, the Commission initiated arrangements to have the FBI conduct such an examination.[A17-9] A detailed set of questions was prepared for the polygraph examination, which was set for July 16, 1964.[A17-10] A few days before the scheduled test, the Commission was informed that Ruby’s sister, Eva Grant, and his counsel, Joe H. Tonahill, opposed the polygraph on the ground that psychiatric examinations showed that his mental state was such that the test would be meaningless.[A17-11]

The Commission was advised that Sol Dann, a Detroit attorney representing the Ruby family, had informed the Dallas office of the FBI on July 15, 1964, that a polygraph examination would affect Ruby’s health and would be of questionable value according to Dr. Emanuel Tanay, a Detroit psychiatrist.[A17-12] On that same date, Assistant Counsel Arlen Specter discussed by telephone the polygraph examination with Defense Counsel Joe H. Tonahill, who expressed his personal opinion that a polygraph examination should be administered to Ruby.[A17-13] By letter dated July 15, 1964, Dallas District Attorney Henry Wade requested that the polygraph examination cover the issue of premeditation as well as the defensive theories in the case.[A17-14]

Against this background, it was decided that a representative of the Commission would travel to Dallas to determine whether Jack Ruby wanted to take the polygraph test. Since Ruby had had frequent changes in attorneys and because he was presumed to be sane, the final decision on the examination was his, especially in view of his prior personal insistence on the test.[A17-15] In the jury conference room at the Dallas jail on July 18, Assistant Counsel Arlen Specter, representing the Commission, informed Chief Defense Counsel Clayton Fowler, co-Counsel Tonahill and Assistant District Attorney William F. Alexander that the Commission was not insisting on or even requesting that the test be taken, but was merely fulfilling its commitment to make the examination available.[A17-16] In the event Ruby had changed his mind and would so state for the record, that would conclude the issue as far as the Commission was concerned.[A17-17]

Chief Defense Counsel Fowler had objected to the test. He conferred with Jack Ruby in his cell and then returned stating that Ruby insisted on taking the examination.[A17-18] Mr. Fowler requested that (1) Dr. Tanay, the Detroit psychiatrist, be present; (2) the results of the test not be disclosed other than to the Commission; (3) the questions to be asked not be disclosed to the District Attorney’s office; and (4) the results of the test be made available to defense counsel.[A17-19] Sheriff William Decker announced his intention to have Allan L. Sweatt, his chief criminal deputy who was also a polygraph operator, present to maintain custody of Jack Ruby while the examination was being administered.[A17-20] Assistant District Attorney Alexander requested a list of questions, a copy of the recording made by the polygraph machine and a copy of the report interpreting the test.[A17-21] In response to the numerous requests, the procedure was determined that the questions to be asked of Ruby would be discussed in a preliminary session in the presence of defense counsel, the assistant district attorney and Chief Jailer E. L. Holman, who was to replace Sweatt.[A17-22] The assistant district attorney would not be present when Ruby answered the questions, but Jailer Holman was allowed to remain to retain custody of Ruby.[A17-23] No commitment was made on behalf of the Commission as to what disclosure would be made of the results of the examination.[A17-24] Since Dr. Tanay was not in Dallas and therefore could not be present,[A17-25] arrangements were made to have in attendance Dr. William R. Beavers, a psychiatrist who had previously examined and evaluated Ruby’s mental state.[A17-26]

At the conclusion of the lengthy preliminary proceedings, Ruby entered the jury conference room at 2:23 p.m. and was informed that the Commission was prepared to fulfill its commitment to offer him a polygraph examination, but was not requesting the test.[A17-27] On behalf of the Commission, Assistant Counsel Specter warned Ruby that anything he said could be used against him.[A17-28] Chief Defense Counsel Fowler advised Ruby of his objections to the examination.[A17-29] Ruby then stated that he wanted the polygraph examination conducted and that he wanted the results released to the public as promptly as possible.[A17-30] Special Agent Bell P. Herndon, polygraph operator of the FBI, obtained a written “consent to interview with polygraph” signed by Jack Ruby.[A17-31] Herndon then proceeded to administer the polygraph examination by breaking the questions up into series which were ordinarily nine questions in length and consisted of relevant interrogatories and control questions.[A17-32]