Special Agent James W. Bookhout, who represented the FBI at most of the interrogations, stated, “I think generally you might say anytime that you asked a question that would be pertinent to the investigation, that would be the type of question he would refuse to discuss.”[C5-39]
The number of people in the interrogation room and the tumultuous atmosphere throughout the third floor made it difficult for the interrogators to gain Oswald’s confidence and to encourage him to be truthful. As Chief Curry has recognized in his testimony, “we were violating every principle of interrogation * * * it was just against all principles of good interrogation practice.”[C5-40]
Oswald’s Legal Rights
All available evidence indicates that Oswald was not subjected to any physical hardship during the interrogation sessions or at any other time while he was in custody. He was fed and allowed to rest. When he protested on Friday against being handcuffed from behind, the cuffs were removed and he was handcuffed in front.[C5-41] Although he made remarks to newsmen about desiring a shower and demanding his “civil rights,” Oswald did not complain about his treatment to any of the numerous police officers and other persons who had much to do with him during the 2 days of his detention.[C5-42] As described in chapter IV, Oswald received a slight cut over his right eye and a bruise under his left eye during the scuffle in the Texas Theatre with the arresting officers, three of whom were injured and required medical treatment. These marks were visible to all who saw him during the 2 days of his detention and to millions of television viewers.[C5-43]
Before the first questioning session on Friday afternoon, Fritz warned Oswald that he was not compelled to make any statement and that statements he did make could be used against him.[C5-44] About 5 hours later, he was arraigned for the Tippit murder and within an additional 6½ hours he was arraigned for the murder of President Kennedy. On each occasion the justice of the peace advised Oswald of his right to obtain counsel and the right to remain silent.[C5-45]
Throughout the period of detention, however, Oswald was not represented by counsel. At the Friday midnight press conference in the basement assembly room, he made the following remarks:
Oswald. Well, I was questioned by Judge —— [Johnston]. However, I protested at that time that I was not allowed legal representation during that very short and sweet hearing. I really don’t know what the situation is about. Nobody has told me anything except that I am accused of, of, murdering a policeman. I know nothing more than that and I do request someone to come forward to give me legal assistance.
Q. Did you kill the President?
A. No. I have not been charged with that. In fact nobody has said that to me yet. The first thing I heard about it was when the newspaper reporters in the hall asked me that question.
* * * * *
Q. Mr. Oswald, how did you hurt your eye?
A. A policeman hit me.[C5-46]
At this time Oswald had been arraigned only for the murder of Patrolman Tippit, but questioning by Captain Fritz and others had been substantially concerned with Oswald’s connection with the assassination.[C5-47]
On Friday evening, representatives of the American Civil Liberties Union visited the police department to determine whether Oswald was being deprived of counsel. They were assured by police officials and Justice of the Peace Johnston that Oswald had been informed of his rights and was being allowed to seek a lawyer.[C5-48] On Saturday Oswald attempted several times to reach John Abt, a New York lawyer, by telephone, but with no success.[C5-49] In the afternoon, he called Ruth Paine and asked her to try to reach Abt for him, but she too failed.[C5-50] Later in the afternoon, H. Louis Nichols, president of the Dallas Bar Association, visited Oswald in his cell and asked him whether he wanted the association to obtain a lawyer for him. Oswald declined the offer, stating a first preference for Abt and a second preference for a lawyer from the American Civil Liberties Union.[C5-51] As late as Sunday morning, according to Postal Inspector Harry D. Holmes, Oswald said that he preferred to get his own lawyer.[C5-52]