(Testimony of Jack L. Ruby)
Mr. Specter.
that there is no possibility of any confusion in terms of what the questions mean so they won't surprise you. You will have full awareness of what is going to be asked.
At that time, everybody who is present in this room will be present when the questions are discussed in a general way. So that the record may be complete let it show that Mr. Fowler is here and Mr. Tonahill is here, and Mr. Alexander is here, and Mr. Herndon and Mr. Wood are here, Dr. Beavers is here, and Chief Jailer E. L. Holman is here, Odell Oliver is here, and of course, I am here. Those are the only people who are here now and they are the only people who will be present when we explain each series of questions to you, so that you understand what is happening and what questions are going to be asked.
Now, scientifically, it's preferable to have as few people possible at the time the examination is administered as we can, so for that purpose, we are trying to cut down the number as much as we can. We had originally thought that the only people present would be the two operators, the court reporter and I. Now we have Mr. Holman here on the custody question, and then your counsel requested especially that Dr. Beavers be present at the time of the administration of the tests. It is our desire to have only those people present, which would mean Mr. Alexander wouldn't be here and Mr. Tonahill wouldn't be here and Mr. Fowler wouldn't be here at the time the test is administered.
Mr. Ruby.
I would like to have Mr. Fowler here in preference of Dr. Beavers May I request that?
Mr. Specter.
Yes; you may request that.
Mr. Ruby.
And how soon will the answers be released, as soon as possible?
Mr. Specter.
Well, the answers are going to be compiled by the FBI and then they're going to go to the Commission, to Chief Justice Warren of the Commission, and I am not in a position to say to you when the answers will be released. That will be up to the Commission. They will have to study the results of the tests and make a decision on the time of release of the tests. Everything is up to them as to whether they will be released, what the release will be, and when it will be made.
I want to say preliminarily before we start, that the Commission has not requested the test, but it is responding to the request which was made on your behalf by letter, before the Chief Justice questioned you on June 7.
Mr. Ruby.
Yes.
Mr. Specter.
You requested then that a test be given.
Mr. Ruby.
Yes.
Mr. Specter.
We want it to be perfectly plain for the record that the Commission isn't pushing this matter, but it's only in response to your request, and that you have leaned counsel here who are representing you, and you are aware of that. We want to make it pointed and clear that anything you say could be used against you, and it is possible for adverse or unfavorable inferences to be drawn. Whenever a defendant who is involved in a criminal proceeding says anything, anything he says could be held against him.
I know Mr. Fowler and Mr. Tonahill have advised you of that and that has been brought to your attention, but this record should show that we called it to your attention as forcefully and as clearly as we could, so that you would understand what we are doing here.
Mr. Alexander.
Mr. Specter; let me explain one thing. Under Texas law, nothing that Jack says here could be used against him in Texas.
Mr. Ruby.
Bill, I'm not quarreling with that, and I know you certainly are not going to help me, I know that, but I want to get a copy to the chief as soon as I can, Chief Holman over there.
Mr. Specter.
You would like to do what, Mr. Ruby?
Mr. Ruby.
To have the report as soon as the results are analyzed.
Mr. Specter.
That, as I say, is up to the Commission, but you understand what I have said to you here?
Mr. Ruby.
Yes.
Mr. Specter.
And under those circumstances do you continue to request that such an examination be given you?
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