(Testimony of Billy Joe Maxey)
Mr. Hubert.
you stated then that you did see Officer Vaughn and yet, as I recall your testimony this evening you said that you did not recall having seen Vaughn.
Sergeant MAXEY. At the present time I don't, but those were written up close to the time all this happened, and I haven't seen one of those reports since, and lots that I don't remember right now that I remembered then, I am sure.
Mr. Hubert.
That's correct, and that's why I wanted you to correct this apparently contradictory statement.
Sergeant MAXEY. That's true, I understand that.
Mr. Hubert.
Because, we don't want to have the record, if we can, to have conflicts in it.
Sergeant MAXEY. Neither do I, I can assure you.
Mr. Hubert.
So, your-statement is that you can't swear tonight that you saw Vaughn there?
Sergeant MAXEY. No; I Can recollect at the time, how--at the time I was questioned about Vaughn, the main thing they wanted to know about him at that time was how far he had walked from his position to the curb. Whether he walked to the curb or out into the street which I didn't know.
Mr. Hubert.
And fight now your mind is blank on Vaughn altogether, I take it ?
Sergeant MAXEY. Actually, yes. I wasn't--right now I couldn't say.
Mr. Hubert.
Now, has anybody asked you to change your statement?
Sergeant MAXEY. No, uh-huh, so far as that goes, I haven't.
Mr. Hubert.
Have you spoken to anybody about it?
Sergeant MAXEY. As far as that goes I haven't talked to anybody about the statement.
Mr. Hubert.
You have talked to anybody about the possible conflict in your statement?
Sergeant MAXEY. Uh-uh.
Mr. Hubert.
I don't know how that comes out on the machine. I suppose you mean "no" by that.
Sergeant MAXEY. No; no. I'd like to say this: That as far as the conflicting statements are concerned, the only reason a person would have for getting together and getting his story straight would be to have something to hide, and I want it known right now I have nothing to hide, and I want it on the record.
Mr. Hubert.
Yes, sir; it is on the record. This is not an effort to cross you up in any way.
Sergeant MAXEY. I realize that.
Mr. Hubert.
But, you realize that these statements do exist, and the purpose of this deposition, among other things, is to determine the real facts, and when you run into a conflict like this, unless we ask for explanations we do not get a clear picture.
Sergeant MAXEY. That's true.
Mr. Hubert.
All right. I want to ask you again if you have any explanation, any other explanation to offer now as to conflicts, or is it just simply your opinion that insofar as Vaughn is concerned, your memory was better then than it is now about that event?
Sergeant MAXEY. Yes; I hadn't thought about it too much one way or the other since then. I will say excluding 4 or 5 days thereafter.
Mr. Hubert.
And as to Daniels and the colored boy, your statement now is that that was hearsay. You did not, yourself--
Sergeant MAXEY. That was hearsay, and I gave it to him as an--as a hearsay statement. That was a matter of semantics in my opinion.
Mr. Hubert.
So that the record can show we are all talking about the same documents, I would like you to sign below my signature and initial the pages of 5096 and 5095, with the understanding that this is not an approval by you of these statements at all, but simply as a means of identification that you and I were both talking about the same document. So, I would like you to sign my--just below mine and put your initials on the preceding pages.
Sergeant MAXEY. Where is your name?
Mr. Hubert.
My name is right down here in the margin. Just put it right in there. Then initial the other pages until you get to the second FBI statement
|
