Post by Hank Sienzant“By that time I had time to think about what I thought my obligation should be, and realizing that under the circumstances maybe some people might overlook the fact that Oswald had rights that needed to be protected at the same time, and if he didn't have a lawyer, regardless of what the legal obligation was to appoint him a lawyer, we, the bar association, ought to look into the matter.”
He said he went to the jail and visited with Oswald of his own volition.
“It seemed like enough time had gone by, and enough uncertainty among the people I talked to as to whether or not he had a lawyer or had asked for a lawyer that I decided I might as well go up and talk to him, so, I cleaned up and went on up to the city hall. That was probably 5:30 or so in the afternoon.”
Hank, you are the biggest bullshit artist here.
District Attorney Henry Wade had been under pressure from lawyers regarding the treatment of Oswald.
One of the issues was Oswald’s repeated public claims that he was not being allowed legal representation.
In Dallas, there were two bar associations: The Dallas Bar Association and the Criminal Bar Association.
On Saturday, the 23rd, one of the attorneys who were pressuring Wade contacted H. Louis Nichols, President of the Dallas Bar Association to request that he look into whether or not Oswald had legal representation, wanted legal representation or wanted it but had been denied of it.
Nichols response was to call Henry Wade on the phone and make an inquiry. ( 7 H 327 )
Nichols testified before the Warren Commission that Wade told him that as far as he knew Oswald had not asked for any lawyer so Nichols asked Wade to give Oswald a message that the Dallas Bar Association would provide him with a lawyer if he needed one. According to Nichols, Wade said he’d pass the message onto his assistants and if Oswald ASKED for a lawyer, Nichols offer would be given to him. ( ibid. )
Of course, the reason why Wade’s response was a lie is that Oswald HAD been requesting a lawyer from the time of his arrest, including the evening before during the “Midnight Press Conference”.
After thinking it over, Nichols decided that he and a member of the criminal bar association should visit and talk with Oswald. But according to Nichols, he couldn’t get a member of the criminal bar to go with him.
To have a civil lawyer go in to question Oswald alone was a joke.
A civil lawyer would never ask the right questions: Was he being
beaten?
starved?
deprived of sleep?
isolated from his friends and family?
denied counsel?
In addition, according to his own testimony, Nichols was “connected” to the Dallas Police and the City of Dallas.
Nichols used to work for the city attorney’s office, and at the time of Oswald’s incarceration, still represented the city credit union and had a brother on the police force, so, he had known many of these city authorities for years. ( 7 H 327 )
Nichols calls the police station
Still trying to avoid personally talking to Oswald in person, Nichols then called one of those people, Capt. Glen King of the DPD to ask if Oswald had a lawyer:
“Captain King said that as far as he knew there had been no one representing him, and as far as he knew, Oswald had not asked for a lawyer. He had not asked for the right to call a lawyer, and had not asked that a lawyer be furnished to him—” ( ibid. )
Now, keep in mind that King said this on the afternoon of Saturday, the 23rd, AFTER Oswald had made a public plea the night before for “someone to come forward to give me legal assistance” and AFTER he appeared in the 2:30 pm lineup viewed by William Whaley, who testified:
“He showed no respect for the policemen, he told them what he thought about them. They knew what they were doing and they were trying to railroad him and he wanted his lawyer.” ( 2 H 261 )
Nichols attempted to avoid becoming involved by asking Capt. King to deliver a message to Oswald:
I said, “Well, Glen, if you know at any time that he asks for a lawyer, or wants a lawyer, or needs a lawyer, will you tell him that you have talked to me, as president of the bar association, and that I have offered to get him a lawyer if he wants one.” ( 7 H 327 )
Capt. King offered Nichols the chance to talk to Oswald but Nichols “didn’t know whether I wanted to or not at this point”.
I didn’t know to what extent I would, or wanted to, or should become embroiled in the facts. I wanted to know whether he needed a lawyer, and I didn’t anticipate that I would be his lawyer, because I don’t practice criminal law. ( ibid. pg. 331 )
However, Nichols WAS PRESSURED INTO GOING BY A LAW PROFESSOR FROM SMU.
“I then received a call from another lawyer who was a professor out at S.M.U. and he wanted to know whether or not the bar association was doing anything about getting a lawyer for Oswald. I told him what had transpired, what I had done, and I hadn’t decided what should be done at this time, if anything by me, as president of the bar association.
He seemed to think that it would be advisable and would be helpful if I would go up and satisfy myself personally as to whether or not Oswald had any lawyer, wanted a lawyer or was asking for a lawyer and hadn’t been able to get one, and I told him that I had not decided what to do, so, I sat around and decided if it had to be done.
It seemed like enough time had gone by, and enough uncertainty among the people I talked to as to whether or not he had a lawyer or had asked for a lawyer that I decided I might as well go up and talk to him, so, I cleaned up and went on up to the city hall. That was probably 5:30 or so in the afternoon.” ( ibid. pgs. 327-328 )
Nichols’ reluctance to become involved in the issue caused the SMU professor to light a fire under his butt as if to say, “It’s been over 24 hours since his arrest and he hasn’t asked for an attorney yet ?”
Something doesn’t sound right.
Forced to go
When he arrived at the police station, he went up to the Chief’s office looking for Capt. King. The Chief saw him and introduced him to an FBI agent, then volunteered to take him up to Oswald’s cell himself. ( ibid., pg 328 )
When Nichols asks Oswald if he had a lawyer, Oswald starts complaining about his treatment:
Mr. NICHOLS. I asked him if he had a lawyer, and he said, “Well, he really didn’t know what it was all about, that he was–had been incarcerated, and kept INCOMMUNICADO, and I said, “Well, I have come up to see whether or not you want a lawyer, because as I understand–” I am not exactly sure what I ,said there, or whether he said something about not knowing what happened to President Kennedy, or I said that I understood that he was arrested for the shot that killed the President, and I DON'T REMEMBER WHO SAID WHAT AFTER THAT. This is a little bit vague. ( ibid. )
Here Nichols is having an exclusive talk with the accused assassin of President Kennedy, and he can’t remember what was said in the exchange ?
Mr. STERN. He, I gather, used the word “incommunicado” to describe—-
Mr. NICHOLS. Yes; that was his word.
Mr. STERN. Did he elaborate on that, or any—or indicate to you that he had not been able to see members of his family or other people of his choice?
Mr. NICHOLS. No; he did not say that he had been refused anything. Just didn’t elaborate, and I REALLY DIDN’T ASK HIM at that point. MY INQUIRY WAS INTENTIONALLY VERY LIMITED. I merely wanted to know whether he had a lawyer, if he had a lawyer then I had no problems. If he asked for a lawyer and they did not offer him one, that was contrary to what I had been told, because I had been told, as far as the police were concerned, and Mr. Wade, as he recalled, that the man had never asked for a lawyer. Nor had he asked to call a lawyer, for the right to call a lawyer, so that I was interested in knowing whether or not he had a lawyer and whether or not he had requested a lawyer and been refused….. I didn’t go into the other questions, or whether or not he wanted to see his family and hadn’t been permitted. I really was concerned about whether or not he had a lawyer or wanted a lawyer, or whether we had any obligations to furnish him one. ( ibid., pg. 330 )
In addition, when Oswald asked for John Abt or a lawyer from the American Civil Liberties Union, Nichols told him that he didn’t know Abt and he didn’t know any lawyers who were members of the ACLU but admitted under oath that “as it turned out later, a number of lawyers I know ARE members”. ( ibid. pg. 329 )
What a surprise.
According to Nichols’ testimony, this was the exchange between himself and Oswald:
NICHOLS. What I am interested in knowing is right now, do you want me or the Dallas Bar Association to try to get you a lawyer?”
OSWALD. No, not now. You might come back next week, and if I don’t get some of these other people to represent me, I might ask you to get somebody to represent me.
NICHOLS. Well, now, all I want to do is to make it clear to you, and to me, whether or not you want me or the Dallas Bar Association to do anything about getting a lawyer right now.
OSWALD. No. ( ibid. )
As Nichols is leaving, Chief Curry asked him to make a statement to the press:
“….As I left the chief asked me whether or not I wanted to make a statement to the press, and I said, “Well, I don’t know whether I do or not. I don’t know whether it is the thing to do or not.” And he said, “Well, they are going to be right outside the door there, and if you want to say anything this would be an opportunity to do it. Incidentally, I am very glad you came up here. We don’t want any question coming up about us refusing to let him have a lawyer. As far as I know, he has never asked for one. He has never asked to call one.” ( ibid. )
Of course, the Chief was lying to Nichols because in this video interview in the hallway of police headquarters earlier that day, Chief Curry admits that Oswald DID ask for a lawyer but didn’t say who he wanted and police were not going to call all over town to find him one and obtaining counsel was Oswald’s responsibility, not the department’s.
Nichols then went before the media and stated that Oswald had refused his offer for help:
“He appeared to me that he knew where he was and pretty much what his rights were with regard to being represented, and he knew apparently–at least the conversation was that if he didn’t get somebody to represent him that he wanted that he could always fall back on the bar association, or somebody, and I had told him that I would see him next week if he wanted me to, and I satisfied myself at least, to the extent, that the man appeared to know what he was doing. He did not appear to be irrational." He appeared to be calm. He turned down my offer of help, and I felt like at that point that was all I needed to do, and this was later Saturday afternoon, and I had no inkling that anything else, except maybe that the next week if he didn’t get a lawyer I might hear from him, or check into it, and that’s all I know about Mr. Lee Harvey Oswald.” ( ibid. pg. 330 )
Nichols never mentioned to the press Oswald’s request for John Abt or the American Civil Liberties Union.
He never mentioned to the press Oswald’s complaint of being held “incommunicado”.
Nichols didn't go there on his own volition.
He didn't want any part of it.