According to the Mary Ferrell Chronologies and Name Database, Bud Fensterwald had information that someone by the name of Ernesto Pujiet checked into the Stoneleigh Hotel in Dallas on November 19, 1963. The information was supplied by a man whom the FBI, State Department and Dallas Criminal Intelligence Unit described as a “con-man, fraudster and diamond smuggler.” The individual’s name who provided the information was Allen Eli Wright and although he may have been all of the things attributed to him by government agencies, he was much, much more.
He was an informer and undercover agent for a variety of different organisations in a variety of different countries. Wright was actually involved in negotiations at the behest of the JMWAVE station in Miami in trying to turn the “number 2 man” of the Soviet Embassy in Moscow when he stated he wanted to defect to the United States. This was done through a Mexican Secret Service intermediary called Julio Couttilenc.
Allen Eli Wright claimed, according to Fensterwald, that “Ernesto Pujiet” was a French-Canadian gun-for-hire who was posing a cattle rancher and he was actually still in Dallas on November 22, 1963.
I struggled to find anything concerning “Pujiet” in any of the main internet databases. The reason; his name was Ernesto Pugibet.
Ernest Pugibet was, according to official documents, born in Paris, France in 1913 or 1915, his grandfather was Ernesto Pugibet and his grandmother Guadalupe de la Portilla. The elder Pugibet left his homeland in Paris and arrived in Cuba where he learned all about tobacco manufacturing. Pugibet then left Cuba and immigrated to Mexico and set up a major cigarette company called El Buen Tono. He became a millionaire.
Ernesto Pugibet the younger (grandson) would have a less conventional lifestyle.
I am still trying to get to grips with dates and events myself right now but here’s a small overview of what we have in the record.
All of the name references regarding Ernesto Pugibet are connected to the files of NORMAN ROTHMAN. Rothman having deep rooted connections to Santos Trafficante and business operations in Cuba, he was also associated with Joseph Merola and the Mannarino Brothers. Rothman was also part of the gun running activities to Fidel Castro in the 1950’s that a lot of the main characters surrounding the JFK assassination were involved in.
The fact that Allen Eli Wright claimed Pugibet was a gun-for-hire who was posing as a cattle rancher is born out in several documents. One is a document from the FBI and gives a real sense of who, or what, we are dealing with:
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
Copy to: 1 INS, NYC (A-11 30 1627)
Report of: HENRY OLIVER THOMAS
Office: New York, New York
Title: ENRIQUE ERNESTO PUGIBET
Character: REGISTRATION ACT – DOMINICAN REPUBLIC
INTERNAL SECURITY – DOMINICAN REBUBLIC
Synopsis: ENRIQUE ERNESTO PUGIBET, born 1/25/13, at Paris, France. NY T-1 advised one PUGIBET killed JOSE ALMOINA MATEOS, former Secretary of TRUJILLO, in Mexico, in May, 1960. PUGIBET was booked at Dallas, Texas, on 2/7/58 on worthless check charge, was given two year suspended sentence. He was deported to Mexico on 6/5/58. According to NY T-2, one of the TRUJILLO agents who planned to leave the Dominican Republic for Moscow on 11/5/60 was one PUGIBET, a French Communist who the preceding week became a Dominican citizen. The purpose of this trip was for “consultation” and to buy a 100 kilowatt radio station from the Soviet Union. PUGIBET became a Mexican citizen on 4/2/47. He was alleged in the past to have been charged in Mexico with crimes of fraud and abuse of confidence and was reportedly incarcerated in a Mexican penitentiary in February, 1954.
PUGIBET advised US Embassy in Mexico City that he was anti-communist and had worked for Mexican Federal Security Police for four months in 1959, but was discharged for debts he failed to pay. He was described by a source as “the biggest crook in the world”. NY T-1 stated that PUGIBET was directly involved in the killing of ALMOINA and he either drove the car, did the actual shooting or he was the third man in the plot. In furtherance of his belief that PUGIBET was involved, NY T-1 said PUGIBET on his return to the Dominican Republic was given a brand new automobile with a driver, was allowed to carry a pistol, was given a nice home in Cuidad Trujillo, was given a very high position in “Radio Caribe” and had a lot of money. NY T-1 said this follows the pattern of TRUJILLO’s methods of rewarding people who had done important jobs. Description of subject set forth.
NY T-1 advised on November 28, 1969 regarding the assassination of JOSE ALMOINA MATEOS, former Private Secretary to Generalissimo TRUJILLO, in Mexico, in May, 1960 that the two individuals presently held by Mexican Police, namely ARTEMIO SERVADO MOLINA and FRANCISCO QUITANA VALDES, did not kill ALMOINA. NY T-1 said ALMOINA was killed by (FNU) PUGIBET, a French citizen, and former member of the French Underground during World War II, who is now working for the Dominican Military Intelligence Service (SIM).
[There are then 5 pages of THOMAS’s report missing]
Report then continues:
September 30, 1959, Mr. FRIAS completely refuted the allegation stating that PUGIBERT was a con-man type but not a saboteur.
PUGIBERT was issued United States visa valid through March 24 [year unintelligible]. He indicated on the visa that he would stay about one month and that he was on official business for the Mexican Ministry of Agriculture. His physical description appeared as follows:
Date of Birth: January 25, 1918 [Lee - Different to other D.O.B.s on file] Paris, France
T-4, a confidential source abroad, furnished the following information on October, 19, 1959:
PUGIBET had been deported at Hidalgo, Texas, on June 5, 1958. The reason for the deportation was the conviction of a crime involving moral turpitude. Sources in the Mexican Ministry of Foreign Relations advised that PUGIBET was a naturalised Mexican citizen with citizen ship Certificate number 602 issued April 2, 1947 and that he had been issued official Mexican passport number 0-792 issued on September 25, 1959 valid for one year. These sources stated PUGINET had claimed he was going through the United States to somewhere in the Antilles on a mission for the Mexican Ministry of Agriculture. He furnished his address in connection with this passport as Calle La Encantada Number 23, Coyoacan, Mexico, D.F.
T-5, a confidential source abroad, furnished the following information on October 19, 1959:
PUGIBET had stayed at the Hotel Georgia, Miami, Florida and left for Port-au-Prince, Haiti, on September 27, 1959.
Professor, FERNANDO BELTRAN, Chief of the Identification Section of the Attorney General’s Office of the Federal District and Territories, Mexico, D. F. advised on October 29, 1959 that PUGIBET had been charged in the past on various occasions with crimes of fraud and abuse of confidence.
On October 23 and 28, 1959, PUGIBET voluntarily appeared at the United States Embassy in Mexico City and furnished the following information:
He stated that he had been referred by a mutual acquaintance, Colonel ROSCOE B. GAITHER, a Mexico City Attorney [Pugibet is being a little bit coy here concerning GAITHER being a simple attorney -http://www.leagle.co...1985&SizeDisp=7 ]
for the purpose of possibly clarifying immigration problems which he felt had arisen on the occasion of his recent visit to the United States.
PUGIBET explained that he had travelled to the United States via Guest Airways a short time prior to the visit of the Mexican President, ADOLFO LOPEZ MATEOS, to the United States and had continued his travels from Miami to the Dominican Republic, where his wife and family reside and where he was to carry out a survey of sugar refineries on behalf of the Mexican Department of Agriculture and had been given an official visa in the United States Embassy.
PUGIBET related that he had noted nothing out of the ordinary upon his arrival in Miami from Mexico and had proceeded to the Dominican Republic; however, upon his return to Miami from the Dominican Republic en route to Mexico City he had been questioned by United States Immigration officials as to how long he intended to remain in the United States and had been given every courtesy but could detect that he was under observation. He noted that when the place failed to take off and returned to the airport because of a minor mechanical failure that several Immigration officials who had been near him all afternoon had returned to the area near the airplane. He claimed to have questioned Immigration about the unusual attention and was advised that the usual courtesies were being extended to him because of his official passport and visa.
PUGIBET stated that had he returned to the United States in time he would have joined the Presidential party in Washington or elsewhere because he has previous background and experience in the matter of protection and is closely associated with the Chief of the Presidential Staff, General JOSE GOMEZ HUERTA. He added that upon his return to Mexico he was advised by one of his friends who is Director of Presidential Security on the staff of the Mexican President, ARTURO WOLLFER, that during the Presidential visits in Washington the Chief of Security of the United States Secret Service, one Sr. BAUMAN (phonetic), had shown WOLLFER a card with a photograph of PUGIBET thereon. This card had the designation thereon “Communist and possible bomb thrower”. PUGIBET stated that he had been a member of the French resistance movement as an anti-communist and that his whole history and background in Mexico was anti-Communist, pointing out that he had worked in the Mexican Federal Security on the Communist Squad, where he replaced JORGE LAVINE DE LEON, a position he no longer holds but which he obtained through General GOMEZ HUERTA.
I think we have a pretty interesting guy on our hands here.
Further information concerning Allen Eli Wright:
5. CONFIDENCE GAME
R. RIPPY, Patrolman, Mississippi Highway Safety Patrol, Gulfport, Mississippi, advised on February 15, 1961 that he had received information that AL C. ROBERSON, hoodlum and narcotics addict, was in the Gulfport area with one ALLEN WRIGHT, the latter reportedly a "big hoodlum" from Houston, Texas. RIPPY stated that according to his source, ROBERSON and WRIGHT were engaged in some kind of scheme involving Panama, and that they were "tied in" with Gulfport Mayor R. B. MEADOWS JR. to the extent that they apparently intended to use MEADOWS yacht. RIPPY believed the matter was either a confidence scheme or an effort to dispose of some stolen property in Central or South America.
NO T-17 advised on February 24, 1961 that ALLEN WRIGHT was promoting a deal in Panama which depends on the United States Government making a loan to Panama for the purpose of constructing a hydro-electric dam, 4,000 houses, and repairing the wharves of ports in Panama.
According to informant, WRIGHT was lining up contractors, most of them in Texas, and that approximately $200,000 had been put up in escrow by the contractors in a Gulfport, Mississippi bank, this money to go to WRIGHT if the deal went through.
Informant advised that Mayor MEADOWS of Gulfport, Mississippi was supposedly in on the deal, and that MEADOWS was reportedly official representative of the President of Panama.
Informant advised he believed that this land promotion scheme was legitimate.
NO T-17, New Orleans, advised on May 22, 1961 that ALLEN WRIGHT had been discussing operating a still in the Dominican Republic, which still is apparently owned by the Government, where it was planned to duplicate various name brand whiskeys and import them into the United States. Informant advised he believed WRIGHT was attempting to work a confidence scheme concerning this matter.
New Orleans files reflect that investigation was conducted in 1961 concerning ALLEN ELI WRIGHT, FBI Number 362873B, reported to have been an alleged former FBI Agent who was in the Dominican Republic on April 11, 1961, in company with the Dominican Consul General of New Orleans.
In May, 1961, WRIGHT was on bond, having been charged with attempting to smuggle diamonds into the United States, and he was under charges in the United States District Court, Houston, Texas, with violations of Customs regulations.
In 1954, Wright was subject of an investigation for violation of the ITSP Statute for passing fraudulent checks. Prosecution was declined by the United States Attorney at Shreveport, Louisiana for lack of evidence. During this investigation, it was established that WRIGHT apparently had large contacts in the Central America area and has travelled extensively in this area.
Investigation concerning WRIGHT's activities in the Gulfport, Mississippi area was concluded in March, 1961 after no evidence was developed indicating the existence of a federal violation.
NO T-18, Gulfport, Mississippi, advised on March 23, 1961 that a group of influential citizens in Gulfport had conducted a discreet investigation into the activities of Gulfport Mayor R. B. MEADOWS, JR., particularly as they apply to some allegedly illegal or irregular activities on the part of MEADOWS concerning city property at Gulfport. As a result of this investigation, informant advised it was determined that MEADOWS owns an 80-foot yacht, "The Alatok", and that MEADOWS was reported to be engaged in some kind of land speculation in Central America with AL C. ROBERSON, a known hoodlum and dope addict from Gulfport and Kenner, Louisiana.
Informant advised that, in his opinion, unsupported by proof, MEADOWS has become wealthy through his "undercover deals" Gulfport city property.
NO T-19 advised on May 2, 1961 that on the night of May1 , 1961 a meeting was held at the home of DON RICHARDS, Lorraine Road, Gulfport, Mississippi. In addition to RICHARDS, who is 17 years of age and married to the daughter of AL C. ROBERSON, the latter a known hoodlum and narcotics addict, the following were present:
MARY HATHAWAY, known paramour of AL C. ROBERSON
AL C. ROBERSON
ORVILLE (LNU), but possibly STOUT or STROUD
DENNIS BROADUS, Harrison County Supervisor
Unknown white male who appeared to be Hawaiian or Cuban, and who was unable to speak English
At the meeting, WRIGHT was trying to persuade Supervisor DENNIS BROADUS to furnish $12,000 or help to obtain this money, for investment in a venture to make a reproduction or facsimile of Johnny walker's Black Label Scotch Whiskey for sale in the United States, but made in some area of Central America, exact country not recalled.
WRIGHT claims to have made all the arrangements with authorities in the country where the liquor was to be made, but needed capital to start. ROBERSON, reportedly, had been taken to New Orleans where some General was shown that he could actually make the liquor; reportedly, labels were being printed in New Orleans, and Gulfport Mayor R. B. MEADOWS, JR., cording to WRIGHT, was cognizant to the operation, and would sign a note for the needed money if a local bank would loan it. However, WRIGHT informed that WALTER B. STEWART, official at the Hancock Bank of Gulfport, had obtained the money, but WRIGHT indicated that contact had been impossible with STEWART to get the money, as STEWART had become involved in some trouble at the bank and was out of contact.
Informant advised Supervisor DENNIS BROADUS flatly refused to participate in the scheme, as he obviously did not believe the scheme could be legal if AL ROBERSON was a party to it. Informant believed the whole scheme was some kind of confidence scheme to obtain money.
Informant advised AL. C. ROBERSON was, at the time, associated with GRADY ALLEN, known drug addict, in operating a place known as "Little Alcatraz" north of Biloxi, Mississippi.
WALTER B. STEWART, former Vice-President of the Hancock Bank, Gulfport, Mississippi, is currently under investigation by the New Orleans Division for violation of the Federal Reserve Act concerning his activities in this bank.
END OF REPORT SEGMENT: FULL REPORT IN LINK AT TOP - BOLD EMPHASIS MINE
Enrique Ernesto, PUGIBET
Enrique Ernesto, BUGIVET y'TROM
Enrique Ernesto, BUGIVET
Ernesto' PUGIBET 'TRON
Ernesto PUGIBET y'TROM
Enrique Ernesto PUGIBERT TRON
Ingenerio Henri PUGIBET
Descriptive data concerning ENRIQUE ERNESTO PUJIBET was contained in the records of the Dallas Country Sheriff's Office:
Birth Data: January 25, 1918, Paris, France
Weight: 180 pounds
Occupation: Cattleman (Lee - Confirming Allen Eli Wright's statement)
Employer: International Livestock Exports, Dominican Republic
Residence: 19 de Marzo, 14 Cuidad, Trujillo, Dominican Republic
Scars: Appendecomy scar
Relatives: Mother, TRON PUGIBET deceased, Father, ERNESTO PUJIBET deceased, Wife, RUTH PUGIBET, Daughter, JOCELYN PUGIBET, Paris, France, Father-in-law, ANTONIO BOBEA, Mother-in-law, RAMONA BOBEA, Friend, NORMAN ROTHMAN, Dallas, Texas
Bold emphasis is mine
Ernesto Pugibet was closely associated with Alfred J. Miranda Jr. and Ignatius (Ignacio) Joseph Miranda during the late 1940’s and throughout the 1950’s.
The Miranda brothers were arms dealers and were allegedly pro-Nazi during WWII. Incredibly wealthy and considered unscrupulous, the brothers were Mexican and they moved from Mexico to New York City in 1916 and established an export business called Miranda Brothers, Inc in 1922.
Then in 1933 they created another company called American Armament Corp. where they manufactured bombs and military parts in plants built in New Jersey and Pennsylvania. The brothers were indicted, along with Miranda Brothers Inc., in 1936 in New York for conspiracy to defraud the United States. The allegation was that they “submitted false and misleading information to customs authorities at New York in connection with exportation of bombs ostensibly to Chile” but the aerial bombs were actually being shipped to Bolivia for use in the Gran Chaco war against Paraguay. Bolivia was heavily backed during the conflict by Standard Oil due to reserves being found in the disputed territory.
The brothers were eventually convicted in 1940 after the case was re-presented in the Southern District of New York and resulted in both of them receiving sentences of one year and one day with a hefty fine of more than $300,000 for Miranda Brothers Inc.
The incredibly strange aspect of the whole thing is that Ignatius Miranda received a Presidential pardon on December 24, 1942.
A communication dated 6/9/53, issued by Headquarters, Eastern Defense Command and First Army, Governor’s Island, New York, stated that they were found guilty in the 1940’s of violating the Arms Embargo Act, having sold a large quantity of aerial bombs to the Bolivian government when it was engaged in the Chaco war. The communication stated “their loyalty to any government is doubtful; that it was believed they would “sell out” any associate or country to achieve their mercenary aims.” It was suggested that “regardless of the turn of events of World war II, the MIRANDA brothers would be found on the winning side.”
They regularly attempted to corrupt Mexican officials and representatives of the Dutch and British Purchasing Commissions.
The communication also states “that ALFREDO MIRANDA was in 1949 acting as a front in the purchase of planes and equipment for the LOPEZ (MASSAGOZA) group. On 8/14/58, information was received by this Bureau from an informant concerning a plot being formulated to overthrow Haitian government. ALFRED MIRANDA, who now operates out of Mexico City, was supposed to have agreed to deliver firearms to the revolutionary forces in Haiti as soon as $250,000 was raised.” LOUIS DEJOINE, JR., son of a former Haitian Presidential Candidate contacted T-7 in New York City, and told him he needed $250,000. DEJOINE JR., told T-7 that certain individuals were formulating a plot to assassinate FRANCOIS DUVALIER and establish a new regime. ALFRED MIRANDA was at the head of the plot and DEJOINE told the informer that he needed the money urgently as he was going to Mexico City sometime during the week of August 17, 1958, to be involved in a secret meeting attended by ALFREDO MIRANDA to develop further details of the plot.
There are elements of the document that are still redacted that contain the names of further associates in the DUVALIER plot.
A fascinating offshhot of the MIRANDA brothers story is that Ignatius Miranda's son, A. J. Miranda III, later became an executive for CBS television after working for advertising company Campbell-Ewald Co., in New York.
Washington D.C. 20505
SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED
MEMORANDUM FOR: Director, Federal Bureau of Investigation
ATTENTION : Intelligence Division
SUBJECT : Mitchell Livingston WERBELL, III
1. Reference is made to TDFIRDB-315/07634, dated 10 August 1974, which reported on the growing concern of the Bahamian Government about renewed secessionist activity in Abaco. In addition to the information in reference, the official Bahamian service, which was the source of the above report, also provided a representative of this Agency on 7 August 1974 the following text of a memorandum it prepared for the Secretary of the Bahamian Cabinet: “Please be advised that on 3 August 1974, information has been received from our oversees contacts that CHESTER ZOCHOWSKI, alias Chester GARY, has recently been in touch with Mitchell L. WERBELL III, and has reported that WERBELL is still planning unspecified revolutionary activity in Abaco. It is also reported that he has the support of some former U.S. Government employees and that he is trying to recruit a former Special Services officer to promote revolutionary activity in Abaco (the name Robert ARMSTRONG has been put forward as a possibility). There is also a suggestion that Robert VESCO might be financing some of the activity.”
2. The “overseas contact” described above was identified by the Bahamian Service as the British MI-5 representative in Washington D.C. The Bahamian Service did not identify the “U.S. Government employees” referred to above.
3. The files of this Agency reflect that Robert ARMSTRONG and Chester ZOCHOWSKI are known to your Bureau and their involvement in this matter has been reported in previous correspondence to this Agency. Although the Bahamian Service reported ZOCHOWSKI’s alias as “Chester GARY,” it is believed that this refers to “Chester GRAY.”
4. The above information is being furnished to your Bureau for whatever action and further dissemination you deem appropriate. The information, however, may not be discussed with any foreign nationals, including the British and Bahamians.
FOR THE DEPUTY DIRECTOR OF OPERATIONS:
David H. Blee
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
New York, New York
July 19, 1974
Mitchell Livingston Werbell, III
Chester Zochowski, also known as Chester Gray, on June 17, 1974, voluntarily appeared at the New York Office of the Federal Bureau of Investigation (FBI) to furnish information concerning a meeting which he had in Washington, D.C., on June 12, 1974, with Mitchell Werbell.
Concerning Chester Gray, it should be noted that he currently is serving a three-year sentence and just recently was moved from the Danbury Federal Penitentiary to a Federal Halfway House at 31st Street and Broadway, New York City, where he is to serve the last three months of his sentence.
Chester Gray on June 17, 1974, advised that he had travelled to Washington D.C. on June 12, 1974, and had met Werbell in Duke’s Restaurant, Hill Building, Washington D.C. During conversation with Werbell, Gray reported that Werbell told him that he had plans for revolutionary activities on the island of Abaco and indicated that he was being assisted by individuals described as “former United States Government employees”.
Gray related that when he arrived at Duke’s Restaurant, Werbell was at the bar with about six individuals, identities unknown, who later were reported by Werbell to be former government employees. During this meeting with Werbell, Gray said that in order to finalize plans for revolutionary activity on Abaco, Werbell and his group were attempting to locate and hire a former “Special Forces” member to go to Abaco and to organize the resistance. Werbell in relating his plans stated that if they were successful they would proclaim an independent government on Abaco.
Chester Gray related on June 17, 1974, that Mitchell Werbell has a business in Washington D.C. which is located in room 1109, 1028 Connecticut Avenue, Washington D.C. Gray also stated that Werbell has a business in Atlanta, Georgia, which he calls Security Defense Systems and that Werbell resides in Powder Springs, Georgia.
Gray also stated that in this conversation with Werbell, Werbell related that he had installed a Security Defense System in Costa Pico and it was the opinion of Gray that Robert Vesco might be financing these plans of Werbell but he had no proof of it. Gray also said that Werbell had plans for setting up a banking system in the Bahamas where numbered accounts would be maintained and where he would also be involved in gambling operations.
Gray related that he was interested in these plans of Werbell and hoped that if Werbell were successful, Werbell would repay him the $100,000. plus which he owed Gray for expenses incurred by Werbell on previous ventures which Gray financed.
NO TITLE pg 1
SUBJECTS SOUETRE JEAN AKA ASSOC MIL SER BUSS TRA FINANCES JFK [url=tel:11/22-24/63]11/22-24/63[/url]
DESCR EMP INTV GACHMAN LEON
DOCUMENT TYPE PAPER TEXTUAL
RIF#: [url=tel:124-10224-10060]124-10224-10060[/url] (03/11/64) FBI#: [url=tel:105-128529-3]105-128529-3[/url]
DOMESTIC INTELLIGENCE DIVISION
Attached reports interview of Leon Gachman, Fort Worth,Texas concerning his association with individual
possibly identical with subject.
FBI WASHDC 0724
THIS IS FOR RELAY TO NEW YORK
9-25 0 PM CST URGENT 3-11-64 LJH
TO DIRECTOR AND HOUSTON AND NEW YORK
FROM DALLAS [url=tel:105-1782]105-1782[/url], RUC 5-P.
JEAN SOUETRE AKA INFORMATION CONCERNING.
RE SAN ANTONIO TELETYPE TO BUREAU MARCH NINE LAST.
LEON GACHMAN PRESIDENT OF GACHMAN METALS P OTHREE ZERO EIGHT TWO SIX ZERO ZERO, SHAMROCK STREET, FORT WORTH, TEXAS,
ON MARCH TEN LAST, STATES HE AND HIS BROTHER DAN WHO IS VICE PRESIDENT OF THE COMPANY MADE A BUSINESS TRIP TO EUROPE DURING OCTOBER, \SIXTY-THREE, WHILE IN PARIS, FRANCE THEY STAYED AT HOTEL PROUST, SIX EIGHT RUE DE MARTYRS. THE ROOM CLERK WHO CHECKED THEM IN WAS MICHAEL ROUX. ROUX SPOKE FAIRLY GOOD ENGLISH AND ALSO SPOKE ENGLISH AND FRENCH. ROUX SERVED AS THEIR GUIDE AND ALSO TOOK THEM IN HIS CAR ON TOUR OF PARIS. ROUX STATED HE H/D BEEN IN THE FRENCH ARMY FOR THREE YEARS AND WAS A LIEUTENANT. THAT HE HAD SERVED IN ALGERIA AND HAD AN HONORABLE DISCHARGE.
ROUX ALSO STATED THAT HE HAD BEEN TO A SCHOOL THAT TAUGHT HIM HOW TO OPERATE A
HOTEL OR A RESTAURANT AND WAS DESIROUS OF COMING TO THE UNITED STATES AND EVENTUALLY OPENING HIS OWN FRENCH RESTAURANT.
GACHMAN INVITED HIM TO LOOK THEM UP IF HE DID COME TO THE UNITED STATES
THEY ALSO SUGGESTED THAT HOUSTON WOULD BE A GOOD PLACE FOR HIM TO SECURE A JOB IN
THE HOTEL BUSINESS.
ON NIGHT NOVEMBER TWENTY LAST, ROUX CALLED FROM HOUSTON, TEXAS IN AN ATTEMPT
TO CONTACT LEON GACHMAN. THE NEXT MORNING LEON GACHMAN RETURNED THE CALL
AND INVITED ROUX TO COME TO FORT WORTH. ROUX CAME BY BUS ARRIVING IN FT. WORTH
BY EARLY EVENING, NOVEMBER TWENTY ONE, LAST. LEON GACHMAN PICKED HIM UP
AND ROUX SPENT THE EVENING WITH LEON GACHMAN AND HIS FAMILY. ROUX EXPLAINED
HE HAD SOLD HIS CAR TO DEFRAY HIS TRIP EXPENSES AND HOPED TO GET A JOB IN A HOTEL
AND LATER SEND FOR HIS WIFE AND CHILD WHO WERE STILL IN PARIS.
THAT NIGHT LEON GACHMAN TOOK ROUX TO THE FOX MANOR HOTEL, SIX ONE ONE WEST
SECOND STREET AND GOT HIM A ROOM.
THE NEXT MORNING NOVEMBER TWENTYTWO ARNOLD GACHMAN, SON OF LEON GACHMAN
PICKED UP ROUX AND ROUX ATTENDED CLASSES WITH ARNOLD AT TEXAS CHRISTIAN UNIVERSITY
FROM TEN A.M. UNTIL TWELVE NOON. ROUX AND ARNOLD WERE IN A CAFE END PAGE TWO
PAGE THREE EATING WHEN THEY HEARD OF THE ATTACK ON PRESIDENT KENNEDY ARNOLD AND ROUX WENT TO THE HOME OF LEON GACHMAN AND LISTENED TO THE RADIO AND TV AND LATER RETURNED TO THE OFFICE OF GACHMAN METALS. DAN GACHMAN TOOK ROUX HOME FOR THE EVENING. THE GACHMANS STATED THAT DURING ROUX-S VISIT IN FT. WORTH HE WAS NOT INVOLVED IN ANY MATTER WITH THE LOCAL POLICE OR FEDERAL AUTHORITIES AND WAS ALMOST CONSTANTLY IN THEIR COMPANY.
ROUX STATED WHEN HE FIRST ARRIVED IN HOUSTON, HE CHECKED INTO THE HOTEL MONTAGUE/ PHONETIC/. ROUX LEFT FT. WORTH BY BUS ON NOVEMBER TWENTYTHREE OR TWENTYFOUR TO RETURN TO HOUSTON.
LEON GACHMAN WENT TO HOUSTON ON ABOUT NOVEMBER TWENTYFOUR, LAST AND MET ROUX AT THE ST. GEORGE HOTEL. SIX ONE ONE AND A HALF SAN JACINTO.
THROUGH MAX PECK, GENERAL MANAGER RICE HOTEL, HOUSTON, ROUX WAS SENT TO MEXICO CITY TO WORK UNTIL ROUX COULD SECURE TO RETURN THE PROPER VISE [SIC] TO RETURN AND LIVE IN THE UNITED STATES. LEON GACHMAN RECEIVED ONE OR TWO POST CARDS FROM ROUX IN
END PAGE THREE
PAGE FOUR MEXICO CITY HOWEVER HE WAS UNABLE TO LOCATE THE LETTERS AND DOES NOT REMEMBER THE NAME OF THE HOTEL ABOUT FEBRUARY FIFTEEN LAST LEON GACHMAN RECEIVED A POST CARD FROM ROUX IN WHICH ROUX STATED HE WAS BACK IN FRANCE AND GAVE HIS ADDRESS AS MICHAEL ROUS, FOUR SIX RUE DE BAUBEUGE, PARIS, NINE TRU. SIX THREE. FOUR ONE. DAN AND ARNOLD GACHMAN BOTH VERIFIED INFORMATION FURNISHED BY LEON.
MICHAEL ROUX WAS DESCRIBED BY THE GACHMANS AS WHITE MALE, TWENTY FIVE TO TWENTY SEVEN, FIVE FEET EIGHT INCHES, ONE HUNDRED FIFTY POUNDS, MEDIUM BUILD, BLACK HAIR FAIR TO OLIVE COMPLEXION, WEARING BLACK SUIT, WELL DRESSED.
MRS. J.M. SADLER, MANAGER, FOX MANOR HOTEL SIX ONE ONE WEST SECOND STREET, FT. WORTH HAS REGISTRATION MICHAEL ROUX. FOUR SIX RUE DE BAUBEUGE, PARIS, NINE, FRANCE, REGISTERED THERE IN NOVEMBER, \SIXTY THREE BUT NO DATE SHOWN ON CARD. SHE STATES ROUX WAS THERE TWO OR THREE NIGHTS SOMETIME ABOUT LATTER PART OF NOVEMBER LAST. HE WAS ALONE AND LEFT NO FORWARDING ADDRESS. END PAGE FOUR
PAGE FIVE HOUSTON AT HOUSTON WILL CONTACT MAX PECK, MANAGER RICE HOTEL, THE MANAGER AT ST. GEORGE HOTEL, THE MANAGER AT MONTAGUE HOTEL TO ASCERTAIN ANY ADDITIONAL INFORMATION ROUX AND PARTICULARLY NAME OF HOTEL WHERE HE WAS EMPLOYED IN MEXICO CITY.
AM COPY TO SAN ANTONIO FOR INFORMATION.
OTHER OFFICES ADVISED SEPARATELY.
END AND ACK.
FBI WASH DC
I've read around a few threads, mostly researched and promoted by Robert Howard, and have found the Stoneleigh Hotel in Dallas making an appearance.
The thing that got me interested in it was the fact that post-assassination it turned out to be where Mary Bledsoe's son, Porter, ended up working allegedly after graduating from university. Delving further and looking at the research of Robert Howard, John Dolva and Bill Kelly, and Greg Parker a few interesting titbits of information that link togther begin to make the Stoneleigh Hotel an interesting building that take us to some intriguing places:
i) The Stoneleigh Hotel (Maple Terrace) is where George de Mohrenschildt lived for a while when he was in Dallas in the late 1950's
ii) It was where de Mohrenschildt met Jeanne LeGon who also resided at the hotel before moving in with GDM at Maple Terrace.
iii) The Stoneleigh was also the home of Paul Raigorodsky in November, 1963
iv) It was owned by Edwin B. Jordan who was the son-in-law of Leo F. Corrigan
v) It was a stones throw from the home of General Edwin Walker and can be seen in photographs taken of his Turtle Creek property after the (sham) attempt on his life
vi) It housed Dallas Police Department radio equipment and one of its main broadcasting antenna
vii) Paul Raigorodsky allegedly helped a guy called Martin Ward gain employment at the Stoneleigh after the assassination (Porter Bledsoe-like?)
viii) Martin Wachowiak Ward's wife, Jadwiega, is a cashier at the Old Warsaw Restaurant, the venue where George de Mohrenschildt's Bohemian Club (its members being some of the most high profile White Russians in Dallas) meet between 1958-61
ix) Martin Ward is a drug addict who is possibly the "alcoholic" that is "helped" by George de Mohreschildt mentioned in the testimony of Everett Glover. We don't find out what the "help" consisted of.
x) The Ward's lived at the corner of Dickens, directly across the street from where George deMohrenschildt lived in 1963
xi) Ward, prior to the assassination, worked for Southwestern Drug Inc. as a bookkeeper to Southwestern Drug Vice-President, J. E. Bradshaw.
xii) A copy of The Wall Street Journal, dated 11/18/63, is found in Jack Ruby's car after he shoots Oswald. It is addressed to J. E. Bradshaw.
xiii) Southwestern Drug, Inc., is based at 525 Browder. This is directly across the street from 522 Browder, which houses Jaggers-Chiles-Stovall. Ward is interviewed by the FBI about the copy of the Wall Street Journal that was found in Ruby's car and claims he knows nothing about it. http://www.maryferre...bsPageId=368820
xiv) According to the Mary Ferrell Chronologies, an FBI informer by the name of Allen Eli Wright alleged that an Ernesto Pujiet checked into the Stoneleigh Hotel on November 19, 1963. Pujiet is, according to Wright, a French gunman for hire who is posing as a cattle rancher.
xv) Wright also claimed that Pujiet was in Dallas on November 22, 1963.
xvi) Wright is an interesting character, and deserves his own thread, due to the fact that he was involved in some heavy duty fraud and smuggling and was hanging with some powerful people in South America. The FBI was all over him after he was arrested in 1962 for diamond smuggling and he was a person of interest to many investigative agencies for many years. Wright is supposed to have been involved with helping Ramsey Clarke concerning information on Somoza in Nicaragua.
xvii) There is a fascinating document in the MFF database that relates to Allen Eli Wright:
The above document states;
ATTN: Chief, Contact Division
7 April, 1965
REFERENCE: Cranks – Headquarters memorandum, dated 1 April 1965
1. We have had our fair share of cranks but since our definition of a crank includes sick sick, none of them fit your request
2. We have one item that is certainly unusual or bizarre and may fit your case. A friend of ours in the Customs Service first told us about a diamond smuggler named Allen Eli Wright early in 1959. Wright was described as having many underground connections in Latin America and some throughout the world. We discussed the possibility of obtaining FPI from Wright and come to the conclusion that even though he was a crook who violates customs laws and a smart unprincipled promoter, he might have information of value
3. In November 1959, Wright was arrested in connection with a half million dollar diamond swindle and held in a Beaumont, Texas jail. He hinted that he had information about underground activity in Cuba, Panama, Mexico and other South American countries and was close to the President of Nicaragua with whom he was involved in an oil refinery deal. At this time, Wright was not very cooperative and would not enlarge on the above. Wright was indicted in connection with the diamond swindle and placed under bond.
4. In July 1960 while still under bond, he volunteered the information contained in (unintelligible letters) B 3162730 which was the earliest indication of Soviet Missile activity in Cuba that we are aware of.
When Jeanne LeGon arrives in NYC after immigrating from Asia she just happens to move into an apartment right next door to George deMohrenschildt. He claims they did not know each other.
When LeGon moves to Dallas in 1953, after George had moved there in 1951, she lists her address as 3913 Rawlins. This is the same block of Rawlins that Jack Ruby will later live at, 3929 Rawlins. The very same block.
George deMohrenschildt and his daughter Alex list their address as 3912 Hall Street, during the same time period as LeGon is living at 3913 Rawlins. These two houses back onto each other.
So we are asked to believe that Jeanne LeGon travels thousands of miles and arrives in the U.S. to unexpectedly live next door to GDM. They do not know each other. They do not get introduced to each other. George then moves thousands of miles to Dallas and a few years later JLG moves the same thousands of miles to Dallas and ends up living in the house directly behind GDM. They still don't know each other.
George then moves into the Stoneleigh Hotel Maple Terrace. JLG moves to the Stoneleigh Hotel. They still don't know each other.
Jack Ruby later lives in a house on the very same block where LeGon lived. General Walker made claims that Oswald was living at 3929 Rawlins. Alex deMohrenschildt continued to live in a house behind 3929 Rawlins on Hall Street. She is married to Gary Taylor who helps the Oswald's move and whose address Oswald used on application forms.
It's all a bit too much for me...
Allen Eli Wright was certainly a man in the know and was involved in some high level craftwork:
UNITED STATES GOVERNMENT
To: Chief, Contact Division
ATTN: Support Branch
FROM: Chief, Miami Field Office
DATE: 18 December, 1962
SUBJECT: Reported interest of Soviet Diplomat in Defecting
1. On 18 Dec 62 I received a call from Joseph Merola of Miami Beach, notorious racketeer, gun runner, and ex-convict. Merola was released in November after serving 14 months of a five year tern in Federal prison, having been connected with the theft of weapons from a National Guard Armory in Ohio.
2. Merola informed me that a US national, Allen Eli Wright had arrived in town from Mexico, and stated that Julio Couttilenc of the Mexican Secret Service had informed him that the "Number 2 Man" of the Soviet Embassy in Moscow was interested in defecting. I checked with JMWAVE to see of there was any information on Wright and Couttilenc, and both names were listed. I then requested Mercola to set up an appointment with Wright, which he did the same evening.
3. Wright was accompanied by Chester Gray, a well known "con-man" and racketeer, but who knew nothing about the Mexican situation. Wright stated that Julio Couttilenc had been in frequent contact with the Soviet diplomat since 1959, when the Soviet was in a lower post. Wright did not know the Soviet's name, but said that he was about 35, dark complexioned, 5' 10", about 175 pounds and extremely nervous.
4. The Soviet is reported to have told Couttilenc that he wanted US $50 thousand plus complete anonymity in the US for his defection and the information which he would furnish to the US Government. The Soviet also wanted assurances that he would not be turned over to the USSR. In the negotiations he gave no evidence of being interested in anyone except himself. It is not known if he is married.
5. Couttilenc told Wright in July 1962 the Soviet was willing to defect under the described circumstances and Wright said that his last contact with Couttilenc had been in July.
6. Wright stated that Couttilenc had been on the payroll of General Trujillo and also on the payroll of General Somosa as an informer on matters of interest to the Governments involved. Wright said that Couttilenc was willing to do anything for money, and that Couttilenc wanted US $50 thousand for his part in arranging the Soviet's defection.
7. Wright indicated that he likewise expected some assistance from the US Government in return for his services. When I inquired as to what he had in mind, he did not reply directly but indicated that he was in trouble with a branch of the US Government, possibly Secret Service, and that a kind word might not be amiss. He also indicated that renumeration for his expenses would be acceptable.
8. Wright gave me his date and place of birth as 26 Nov 22, Bowles, Arkansas. He apparently has operated as a freelance informer to a variety of governments, including Nicaragua and the Dominican Republic prior to Trujillo's assassination. He stated he had arranaged the theft of some papers from the Cuban Embassy in 1959 on behalf of the US Government, for which he had to pay of $23 thousand which was never funded. He stated he would be in Miami until 22 December when he would return to Laurel, Mississippi, where he is currently living. He will advise me through Merola if he receives any further information from the Soviet.
P.S. As of 1500 hours on 18 Dec a phone call from Julio Couttilenc to Wright indicates that the individual is still available and interested. Wright's full address is: 105 Central, Laurel, Mississippi
Allen Eli Wright's associate Chester Gray, mistakenly referred to as Chester Gary in some documents, who turned up to the meeting with Joe Merola on the orders of the Miami CIA Field office, is an alias for Chester ZOCHOWSKI who is directly linked to Mitchell Livingston WERBELL III:
I think Wright's connections to JMWAVE and the fact he, and Zochowski, are branded con-men, is a joke in light of some of the stuff these guys were involved in. I'd like to know where Jim Garrison got up to with his investigation of Allen Eli Wright as we know he was in close contact with Wright's wife, while her husband was doing 10 years in Kansas Federal prison, and the telephone calls that took place betwen Mrs. Wright and Garrison's mother were closely monitored.
Zochowski filed a petition from prison after a later conviction claiming the FBI would not let him reveal he was an undercover operative at the time of his arrest;
United States of America, Appellee, v. Charles J. Giuliano, Mario Prezioso and Chester Zochowski, A/K/a Chester Gray, Appellants., 348 F.2d 217 (2nd Cir. 1965)
Frances Kahn, New York City, for appellant, Charles J. Giuliano.
Maurice Edelbaum, New York City, for appellant, Mario Prezioso.
Kenneth Kaplan, New York City, for appellant, Chester Zochowski.
Peter Fleming, Jr., Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Robert J. McGuire, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.
Before KAUFMAN, HAYS and ANDERSON, Circuit Judges.
ANDERSON, Circuit Judge.
The appellant Prezioso in 1961 and 1962 was a cash margin clerk in the stock brokerage firm of Sutro Brothers & Co. in New York City. It was his job to receive securities which were traded by Sutro Brothers in execution of orders placed with its branch offices in Washington, D. C., and Miami, Florida, and which were delivered to Sutro Brothers' New York Office for transfer against payment. It was Prezioso's duty to record their delivery and route them on to another department of Sutro Brothers. He met Zochowski in October, 1961 and they discussed a means of stealing securities which came into Prezioso's hands in the course of his work. In December, 1961, for a payment of $1200, Prezioso misappropriated a $5000 U. S. Treasury Bond, and delivered it to Zochowski, who took it to Hollywood, Florida, cashed it and deposited the proceeds in his own bank account.
In May, 1962, Prezioso took 550 shares of the common stock of American Natural Gas Co. which came to his desk in the course of being delivered to Sutro Brothers. Prezioso turned these shares over to Zochowski at a restaurant in New York and received from him, as part payment, $5000. Through an accomplice, and co-defendant, named Naidich, Zochowski sold and delivered the shares to another co-defendant, Tritt, of Toronto, Canada for $7000, transporting them to Montreal.
On June 29, 1962 the defendant Naidich had a discussion in New York with another defendant named Wuensche, whom he had met a month or two before when Wuensche had attempted to buy an Alabama bank. At that time each disclosed to the other that he was dealing in stolen securities, and in mid-June Naidich introduced Wuensche to Zochowski. When Naidich met Wuensche on June 29, 1962, he told Wuensche that some securities were available for $5000. Wuensche then turned over $5000 in cash to Naidich, who paid it over to Zochowski, who delivered it to Prezioso, who was unable at that time to deliver the securities.
Wuensche, as president of Holland Construction Co., in December of 1961 had entered into a contract to perform certain dredging work at Stone Harbor Manor, New Jersey, for the defendant Giuliano, whom Wuensche had known since 1958. In April, 1962, Giuliano was in serious financial difficulties and conferred with Wuensche about raising some capital. Through one DiFonzo, who dealt in stolen securities, but who was not a defendant or co-conspirator in this case, Wuensche procured some securities concerning which Wuensche told Giuliano that they "were being lifted from the locker, from the vault of the brokerage firm" and that they "were hot securities and that there was no way of replacing them" and that they were "all bluechip securities ? from Sutro Brothers here in New York City."
After the incomplete transaction of June 29, 1962 when Wuensche had paid $5000 which ultimately went into the hands of Prezioso and for which Prezioso had, at the time, no securities to deliver, arrangements were made for a meeting on July 2, 1962 at the Summit Hotel in New York to which Wuensche took Giuliano. At this time DiFonzo procured the delivery to Wuensche of eight $10,000 Treasury Bonds registered in the name of Greenberg. Wuensche passed the bonds over to Giuliano and Zochowski and asked Giuliano if Giuliano could "do anything with these, with the people in New Jersey" to which Giuliano replied, "he didn't know for sure. He'd have to check into it." Wuensche also complained to Zochowski because he had received nothing for the $5000 which he had paid over for securities which Prezioso had failed to deliver.
On July 6, 1962, Zochowski called Prezioso who said he had some stolen securities, available for delivery. That evening at the Summit Hotel in New York Prezioso delivered ten $1000 Food Fair Properties Bonds to Zochowski who handed them over to Wuensche. On the morning of July 7th Wuensche called Giuliano and told him that "he had gotten delivery on something." On July 8th Wuensche and Giuliano met at Giuliano's office at Stone Harbor Manor, New Jersey, and Wuensche displayed all of the ten Food Fair Properties Bonds and said that they were some of the bonds he had gotten from the people in New York City and added, "Look, they're hot, you got to handle them carefully. They're not on any hot sheet yet, to the best of my knowledge and as far as I am concerned, as long as you put them away with people that you know it will be okay." Although Giuliano wanted all ten bonds, Wuensche delivered only four of them to him. Later Giuliano sold the bonds through the Millville Trust Co., Millville, New Jersey, which was unaware that the bonds did not rightfully belong to Giuliano.
On January 7, 1963, an indictment, in four counts, was returned against Giuliano, Prezioso and Zochowski, as well as against several other defendants. The first count charged Prezioso and Zochowski with transporting and causing to be transported in December, 1961, a $5000 U. S. Treasury Bond from New York to Florida knowing it was stolen. The second count similarly charged Prezioso and Zochowski, with Naidich and Tritt, with transporting 550 shares of American Natural Gas Co. in May, 1962, from New York to Montreal, Canada. The third count charged Giuliano, Prezioso, Zochowski and Wuensche with the like offense for transporting ten $1000 Food Fair Properties Bonds from New York to New Jersey and Pennsylvania in July, 1962. The fourth count charged all of the defendants, named in the first three counts, with conspiracy to commit the substantive offenses described in those three counts.
Prezioso, Zochowski and Giuliano all pleaded "not guilty" and the case against those three was assigned for trial on May 6, 1964. At that time Prezioso and Zochowski, after an extensive voir dire by the court, changed their pleas to "guilty" and testified in Giuliano's case as Government witnesses. On May 13, 1964, the jury found Giuliano guilty on the third count and not guilty on the fourth. On June 12, 1964 Zochowski moved to withdraw his guilty plea on the ground that in participating in the thefts from Sutro Brothers, he was actually acting as an informant for the F.B.I. and, therefore, had no criminal intent. On June 19, 1964 Judge Palmieri sentenced Giuliano to imprisonment for two years. Prezioso on that day asked for an adjournment of the imposition of sentence in his case in order that he could attend to personal matters. Judge Palmieri adjourned the matter to July 7, 1964, and in so doing clearly implied that Prezioso would have to serve a sentence of imprisonment. On July 7th Prezioso orally moved for leave to withdraw his plea of guilty on the ground that his apparent criminal activity was forced upon him by duress and that the disclosure by Zochowski that he was an F.B.I. informant revealed for the first time that he, Prezioso, had been entrapped.
Judge Palmieri assigned the hearings on Zochowski's and Prezioso's motions for July 29, 1964 and they were heard on that day. The motions were denied and each defendant was sentenced. At this hearing evidence was heard concerning Zochowski's connection with the F.B.I., its relationship to this case, and prior knowledge by Prezioso of Zochowski's activity as an informant. Judge Palmieri found, on ample evidence, that despite Zochowski's work with the F.B.I., his activity in connection with the Sutro case was "an independent criminal enterprise having no relationship whatsoever with any branch of the government * * *."
Although Giuliano admits receiving the bonds, he claims that everything he did was consistent with the actions of a business man acting in good faith, that in fact he did not know that his handling of the bonds was a part of a criminal enterprise and that the government failed to prove beyond a reasonable doubt that he had such guilty knowledge. Wuensche's testimony, however, established that Giuliano knew that Wuensche was dealing in stolen securities and that the Food Fair Properties Bonds themselves were stolen. It was within the province of the jury to believe him or not. United States v. Robbins, 340 F.2d 684, 687 (2d Cir. 1965). We find that there was ample evidence to convince the jury beyond a reasonable doubt of appellant's guilty knowledge.
Giuliano contends that he was deprived of due process of law by the "inconsistent verdict" of the jury. Specifically, the claim is that an acquittal on the broad conspiracy count precluded conviction on a substantive count in the same proceeding because the Government relied on the same evidence to prove its case on both counts. The argument is devoid of merit for several reasons. First, no principles of res judicata are involved here. United States v. Dovico, 329 F.2d 52 (2d Cir. 1964); cf. Sealfon v. United States, 332 U.S. 575 , 68 S.Ct. 237, 92 L.Ed. 180 (1946). Second, the verdict was not necessarily inconsistent, for the elements of the two crimes charged in the separate counts are different. See United States v. Robinson, 320 F.2d 880, 881-882 (2d Cir. 1963). As Judge Palmieri pointed out in his instructions, knowledge of the interstate or foreign transporation was required for conviction on the conspiracy count, but such knowledge was not an element of the substantive offense and hence need not be found in order to convict on the substantive count.
Giuliano next contends that Judge Palmieri committed reversible error by failing to marshal the evidence in his charge to the jury. However, there was no request or objection on this point. Moreover, the charge as a whole deals adequately with the evidence, and the court not only stressed the significance of the critical issue of Giuliano's state of mind, but instructed the jury that acceptance of Giuliano's testimony would require an acquittal. Clearly appellant may not be heard to complain of the charge.
Appellant's remaining specification of error is that Zochowski's trial testimony was false and that the prosecution knowingly presented this testimony to the jury without correction, thereby denying him due process of law. Napue v. People of State of Illinois, 360 U.S. 264, 269, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959). The argument is based entirely on Zochowski's post-trial testimony that he acted as informant for the F.B.I. in this case. As pointed out above, Judge Palmieri found this testimony unworthy of belief. Moreover, Zochowski's claim that he himself lacked criminal intent in no way amounted to a recantation of his testimony at Giuliano's trial about what actually happened. There is thus nothing to indicate that Zochowski testified falsely.
Assuming that Zochowski's post-trial allegations had been presented to the jury, this would have amounted to no more than cumulative evidence as to Zochowski's credibility. Giuliano's counsel on cross-examination explored and attacked Zochowski's credibility because of Zochowski's role as an F.B.I. informant. Indeed in his closing argument, defense counsel castigated Zochowski as a spy from the F.B.I.
Since there is no error, the judgment below is affirmed.
Zochowski's principal contention is that the trial court erred in denying his pre-sentence motion, to withdraw his plea of guilty.1 Rule 32(d), F.R. Crim.P., provides that after sentence the court may set aside a judgment of conviction and permit the defendant to withdraw his plea "to correct manifest injustice." The fair implication is that pre-sentence motions are to be treated with greater liberality. Kadwell v. United States, 315 F.2d 667, 670-671 (9th Cir. 1963); Gearhart v. United States, 106 U.S.App.D.C. 270, 272 F.2d 499, 502-503 (D.C.Cir.1959). Indeed the Supreme Court has said that on timely application, the court will permit withdrawal of the guilty plea in the exercise of its discretion "if for any reason the granting of the privilege seems fair and just." Kercheval v. United States, 274 U.S. 220, 224, 47 S.Ct. 582, 583, 71 L.Ed. 1009 (1927).
A criminal defendant, however, has no absolute right to withdraw a plea of guilty. United States v. Panebianco, 208 F.2d 238 (2d Cir. 1953), cert. denied 347 U.S. 913 , 74 S.Ct. 478, 98 L.Ed. 1069 (1954). He has the burden of establishing grounds for the withdrawal, United States v. Smiley, 322 F.2d 248 (2d Cir. 1963), and the determination of whether that burden has been met rests within the discretion of the trial judge, whose decision is reversible only if clearly erroneous. United States v. Hughes, 325 F.2d 789 (2d Cir. 1964).
Appellant urges several reasons why in the interests of fairness and justice Judge Palmieri abused his discretion in denying the requested relief. He alleges that he is innocent of the crime of which he was accused because of his role as F.B.I. informant. Moreover, a convincing argument can be made that the government would not be prejudiced at trial by a premature disclosure of its evidence of guilt at Giuliano's trial, for there the critical issue of whether Zochowski was justified in believing that his activities were sanctioned by the F.B.I. was not involved. Finally he claims that since he failed to confide fully in his lawyer respecting his F.B.I. activities, counsel was precluded from receiving a proper evaluation of possible defenses to the charge.
In United States v. Hughes, supra, at 792, this court rejected the contention that an allegation of innocence coupled with a showing of no unfairness to the government necessarily entitled a defendant to withdraw his plea. Appellant's additional argument ? that he failed to confide fully in his lawyer and thus pleaded guilty without proper evaluation of the courses open to him ? is without merit. He had more than adequate opportunity to consult with counsel, and the facts on which he bases his belated claim of innocence were available to him prior to his plea. Moreover, Judge Palmieri found Zochowski's allegation as to his F.B.I. role in this case totally incredible. It is thus inferable that Zochowski's failure to confide in his lawyer was not the result of inadvertence. Under the circumstances disclosed here, it would strain credulity to hold that Zochowski has advanced a reason which would make the granting of the motion appear "fair and just."
An extremely careful voir dire, conducted at the time the guilty plea was entered, disclosed that the plea was entered voluntarily, with full knowledge of what was involved, and was in no way the result of fear, fraud or ignorance. Kercheval v. United States, supra, at 224, 47 S.Ct. at 583. By any standard the plea was valid and Judge Palmieri's refusal to permit its withdrawal was not an abuse of discretion.
The conviction of Zochowski is affirmed.
Prezioso's belated entrapment defense is based on alleged 32(d) motion. He contends that Zochowski's belated revelations furnished him with an entrapment defense and that, if he and his attorneys had been aware of the possibility of such a defense, he would not have pleaded guilty.
Prezioso's belated entrapment defense is based on alleged coercion by Zochowski acting in the capacity of an F.B.I. informant. But the facts, on which the alleged coercion was based, were known to appellant before he made his guilty plea. Although he claimed ignorance of the specifics of Zochowski's allegations, he admitted at the hearing on his motion that almost one year before the guilty plea he learned from one Hess that Zochowski was an informer in the Sutro case, although Prezioso himself never told his attorneys about it. Prezioso at all times had the full assistance of counsel. Certainly there was enough to put him and his attorneys on inquiry concerning the possibility that the duress defense, which he freely and knowingly waived, might be developed to raise the issue on entrapment. Despite the policy of liberality, we would be reluctant to find that Judge Palmieri abused his discretion and to hold that Prezioso may assert surprise as a valid basis for a change of plea, where such a claim rests upon a failure to tell his lawyers something of obvious interest and where the only extenuating circumstances pointed to are the alleged generality of the information supplied by Hess, coupled with appellant's claimed lack of sophistication and thoroughly shaken condition.
There is an additional circumstance which militates against the pre-sentence policy of liberality and supports affirmance. Zochowski's allegations were a matter of public record on June 19th when Prezioso requested a one month adjournment of sentence. Yet no request was made to withdraw the guilty plea at that time. Instead request was made only after the court made it clear that Prezioso could expect to serve some time in prison, thus putting to rest any hope of receiving a suspended sentence. To permit the withdrawal of the plea at this stage would encourage entering the plea merely as a trial balloon to test the attitude of the trial judge. This stratagem has been properly condemned. United States v. Weese, 145 F.2d 135 (2d Cir. 1944). We hold that Judge Palmieri acted within his discretion in denying the motion to withdraw the plea of guilty.
Appellant's final contention, joined in by Zochowski, is that he was denied a fair hearing on his motion to withdraw the plea of guilty in that the court improperly deprived him of access to certain government notes and records. Specifically, Prezioso moved for production of Agent Clinkscales' notes relating to his conversations with Zochowski and the records of payments received by the latter from the F.B.I.
The motion was properly denied. The plain language of the Jencks Act, 18 U.S.C. § 3500, and consideration of its underlying purpose, compel the conclusion that the discovery procedure therein outlined applies only to statements that must be produced after a witness testifies at the trial. See 1957 U. S. Code Cong. & Admin. News 1869. United States v. Abrams, 29 F.R.D. 178, 183 (S.D.N.Y. 1961); United States v. Tane, 29 F.R.D. 131, 133 (E.D.N.Y.1962); United States v. Rosenberg, 157 F.Supp. 654 (E.D.Pa. 1958). Moreover, the material sought was not relevant to the central question before Judge Palmieri, i. e., whether there were credible, substantial reasons for not raising the informant and entrapment defenses at the time the guilty pleas were entered or within a reasonable time thereafter.
The conviction of Prezioso is also affirmed.
1 Zochowski's Jencks Act point was raised at the hearing by Prezioso and will be discussed in connection with that appellant
Could the alleged professional assassin Ernesto Pugibet wo was possibly as old as 50 in 1963, be the "old man" wearing a cowboy hat who Danny Arce let in to use a reast room?
Mr. ARCE. I helped this old man, this gentleman in there.
Mr. BALL. You saw an old man?
Mr. ARCE. Yeah.
Mr. BALL. Where?
Mr. ARCE. Right in front of the Texas School Book Depository.
Mr. BALL. When?
Mr. ARCE. Right, you know, it was before it happened; I don't know.
Mr. BALL. How long before the President went by?
Mr. ARCE. I don't know. I think it was about 10 minutes, some place around there, 15 minutes; I'm not too sure.
Mr. BALL. What about the old man; what was noticeable about him?
Mr. ARCE. Well, he said he had kidney trouble, could I direct him to the men's room and I said I would and I helped him up the steps and walked him into the restroom and I opened the door for him and that's when I went inside to eat my lunch and then I seen him walk out.
Mr. BALL. Did you see him talk to anyone in there?
Mr. ARCE. No; he went straight out.
Mr. BALL. Was he in a car?
Mr. ARCE. Yeah, after I went outside I seen him driving out in a black car.
Mr. BALL. He drove away?
Mr. ARCE. Yes, sir.
Mr. BALL. Did you ever see him again?
Mr. ARCE. No, never seen him again.
His testimony conveniently has him not only letting him in, it has him opening the door for him and then later seeing him leave.
In his first day affidavit however, Arce only claims to have seen him leave and does not cite any reason for him being in there.
"The only person I saw was a real old man, and he had on an old brown suit and a western type hat. I saw this man leave the building and drive off in an old black Buick. This man was not carrying anything in his hands when I saw him. This man was in the building after lunch. This man left in the car before the President was shot."
Pugitet's year of birth changes from document to document, but the most commonly cited appears to be 1913, making him 50 and probably "old looking" to the youthful Arce. According to the informant, Pugibet was in Dallas on the day of the assassination and was posing as a cattleman.
I know old(ish) men wearing cowboy hats in Dallas is hardly a rarity, so Arce's man is still a longshot, but we cannot really trust his testimony regarding letting the man in and why he needed to go in. And even if it was Pugibet, if he leaves before the shooting what would his purpose have been? As always... more questions than answers...
Australians don't mind criminals: It's successful bullshit artists we despise.
The Cold War ran on bullshit.
"So what’s an independent-minded populist like me to do? I’ve had to grovel in promoting myself on social media, even begging for Amazon reviews and Goodreads ratings, to no avail." Don Jeffries
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To deliver or receive a message pertaining to the assassination being a go or no-go and/or to pick up a payment?
Release clear scans. Reveal the truth about Prayer Man. Preserve the history of the assassination of JFK.
That could be it.Jake_Sykes wrote:"And even if it was Pugibet, if he leaves before the shooting what would his purpose have been?"
To deliver or receive a message pertaining to the assassination being a go or no-go and/or to pick up a payment?
As always, a ROKCer (in this case, Lee Farley) got there first and gathered a ton of info about Pugibet AND the Stoneleigh Hotel.
Australians don't mind criminals: It's successful bullshit artists we despise.
The Cold War ran on bullshit.
"So what’s an independent-minded populist like me to do? I’ve had to grovel in promoting myself on social media, even begging for Amazon reviews and Goodreads ratings, to no avail." Don Jeffries
"I've been aware of Greg Parker's work for years, and strongly recommend it." Peter Dale Scott
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