DAVID VON PEIN SAID:
I think the following two affidavits filled out in May and June of 1964 by J.C. Day of the Dallas Police Department are quite interesting. And these affidavits should also be very interesting to the crazy conspiracy theorists who keep insisting that only TWO spent rifle shells were discovered in the Sniper's Nest on the sixth floor of the Texas School Book Depository on November 22, 1963.
The following affidavit was executed by Lt. J. C. Day on May 7, 1964:
PRESIDENT'S COMMISSION
ON THE ASSASSINATION OF
PRESIDENT JOHN F. KENNEDY
AFFIDAVIT
When testifying before the President's Commission, I stated I did not remember who returned the two spent 6.5 hulls and envelope to my possession on the night of November 22, 1963. Since returning to Dallas, Detective C. N. Dhority has called my attention to the fact he brought the three hulls in the envelope to me and asked me to check them again for fingerprints, even though I had checked them when they were picked up on the sixth floor of the Texas School Book Depository about 1:20 p.m. November 22, 1963 by Detective R. M. Sims and myself and placed in a manila envelope.
Since talking to Dhority, I remember now that he was the one who returned the shells to me about 10:00 p.m. and stated that his office wanted to retain one. He left me two shells and the envelope that Detective Sims and I had previously marked. It was then that I scratched my name on the two shells that were released at 11:45 p.m. [to] Agent Vince Drain along with the rifle and other evidence.
Signed this 7th day of May 1964.
(S) J. C. Day,
J. C. DAY
==============================
The following affidavit was executed by Lt. J. C. Day on June 23, 1964:
PRESIDENT'S COMMISSION
ON THE ASSASSINATION OF
PRESIDENT JOHN F. KENNEDY
AFFIDAVIT
The following affidavit is made to clear up confusion regarding the three spent 6.5 hulls, commission numbers 543, 544, and 545, found by the 6th floor window of the Texas School Book Depository on November 22, 1963.
The hulls were picked up by Detective R. M. Sims and Lieutenant J. C. Day and placed in an envelope. Detective R. L. Studebaker was also present. The envelope was marked and dated by Sims and Day. Detective Sims took the hulls after they were checked for fingerprints by Day.
The third hull, commission number 545, was later released directly to the FBI by the Dallas Police Department Homicide Division. At 10:00 P.M. November 22, 1963, Detective C. N. Dhority brought the three hulls in the marked envelope back to Lieutenant Day in the Identification Bureau office to recheck for prints. Dhority retained one hull, commission number 545, and left the other two, commission numbers 543, 544 along with the envelope with me to be sent to the FBI.
Vince Drain, FBI agent, took custody at 11:45 A.M. [sic; Day meant to say P.M.] the same day. When I appeared before the commission April 22, 1964, I could not find my name on one of the hulls, identified as commission number 543, and thought this was the hull that had been retained by Dhority.
On June 8, 1964, the three hulls, commission numbers 543, 544, and 545, were back in Dallas and were examined by Captain G. M. Doughty and myself at the local FBI office.
Close examination with a magnifying glass under a good light disclosed that my name "Day" was on all three hulls, at the small end. Also GD for Captain George Doughty was on two of them. Commission numbers 543 and 544 were the first two sent to Washington on November 22, 1963. They have Doughty's initials where he marked the hulls as they were released to Vince Drain at 11:45 P.M. on November 22, 1963 by Doughty and Day.
The third hull, commission number 545, does not have Doughty's mark, but is plainly marked "Day". In Washington, I had numbers 543 and 545 switched because I didn't find my name on number 543.
I can identify commission numbers 543, 544, and 545 from my name on them, as the three hulls found on the sixth floor of the Texas School Book Depository on November 22, 1963.
As to the time I scratched my name on the hulls, I do not remember whether it was at the window when picked up or at 10:00 P.M. November 22, 1963, when they were returned to me by Dhority in the marked envelope. It had to be one or the other, because this is the only time I had all three hulls in my possession.
Both Detective R. L. Studebaker and Detective R. M. Sims, who were present at the window when the hulls were picked up, state I marked them as they were found under the window.
Signed this 23d day of June 1964.
(S) J. C. Day,
J. C. DAY
http://mcadams.posc.mu.edu/russ/testimony/day2.htm
=================================================
J.C. DAY AND THE PALMPRINT ON RIFLE C2766:
During his appearance on "Black Op Radio" on December 31, 2009, conspiracy theorist James DiEugenio did everything he could to try and convince the gullible people in the audience that Lieutenant J.C. Day of the Identification Bureau of the Dallas Police Department had not really lifted the right palmprint of Lee Harvey Oswald off of Mannlicher-Carcano rifle #C2766 on the day of President Kennedy's assassination.
DiEugenio, quite obviously, wants to believe that Lieutenant Day was lying through his teeth when he said the following things to the Warren Commission on April 22, 1964 [at 4 H 261]:
DAVID BELIN -- "Do you know what Commission Exhibit No. 637 is?"
J.C. DAY -- "This is the trace of palmprint I lifted off of the barrel of the gun after I had removed the wood."
MR. BELIN -- "Does it have your name on it or your handwriting?"
MR. DAY -- "It has the name "J. C. Day," and also "11/22/63" written on it in my writing, [and also written on it were:] "off the underside gun barrel near the end of foregrip, C2766"."
Lieutenant Day properly marked the palmprint with his NAME, the LOCATION on the rifle where he found the print, and THE DATE WHEN HE LIFTED THE PRINT ("11-22-63").
I guess DiEugenio (and other conspiracy theorists like him) must think that Lt. Day wrote the number "11-22-63" at some LATER time. In other words, DiEugenio believes that Commission Exhibit No. 637 is nothing but a total LIE.
To that allegation, I'll offer up a solid two-word retort -- Prove it!
The palmprint known as CE637 was positively identified as being the right palmprint of Lee Harvey Oswald by fingerprint expert Sebastian Latona of the FBI. Latona said this to the Warren Commission on April 2, 1964 [4 H 24]:
SEBASTIAN LATONA -- "The palmprint which appears on the lift was identified by me as the right palmprint of Lee Harvey Oswald."
At one point during his Warren Commission testimony, Lt. Day also stated "your number 637 is the right palm of Oswald" [4 H 262]. But in another portion of his testimony [4 H 263], Day hesitated to say whether CE637 was positively Oswald's print:
MR. BELIN -- "Based on your experience, I will ask you now for a definitive statement as to whether or not you can positively identify the print shown on Commission Exhibit No. 637 as being from the right palm of Lee Harvey Oswald as shown on Commission Exhibit 629?"
MR. DAY -- "Maybe I shouldn't absolutely make a positive statement without further checking that. I think it is his, but I would have to sit down and take two glasses to make an additional comparison before I would say absolutely, excluding all possibility, it is. I think it is, but I would have to do some more work on that."
However, even with a little bit of indecisiveness exhibited by Lt. Day during his Warren Commission session, the testimony of the FBI's Sebastian Latona provides us with solid verification that CE637 is, in fact, the right palmprint of the owner of the gun from which the print was lifted--Lee Harvey Oswald.
In the final analysis, Lee H. Oswald is tied irrevocably to the murder of President John F. Kennedy seven ways to Sunday (as discussed at the link below):
Also see ----> Memo Regarding Lt. J.C. Day Finding Print On Rifle
David Von Pein
January 1, 2010
January 25, 2015
