(Testimony of Cortlandt Cunningham)
Mr. Eisenberg.
Assistant Director in charge of the FBI Laboratory,--that the three Tippit bullets which had not theretofore been examined, be examined. At that point they had not yet been sent from the Dallas Police to the FBI, and no request had apparently been made for them.
Representative Boggs.
Well, the FBI obtained one almost immediately.
Mr. Eisenberg.
Yes.
Representative Boggs.
And then there was how long a delay before the other three?
Mr. Eisenberg.
You have the dates there, Mr. Cunningham?
Mr. Cunningham.
The date was--we obtained the first one on November 23, 1963, and then--
Representative Boggs.
The day after the killing of Officer Tippit?
Mr. Cunningham.
Yes, it was delivered at the same time as all the other material. And then it was returned November 17, 1963.
As far as the FBI is concerned, sir, we have no jurisdiction in that case. We were doing the lab work for the Dallas Police Department, but in the invest Gideon of the death of Officer Tippit we do not have jurisdiction.
Representative Boggs.
How did the Commission ascertain that these additional bullets were there?
Mr. Eisenberg.
Well, upon review of the underlying materials, it developed that while one bullet had been taken out of Officer Tippit as soon as he got to the hospital, which was apparently the first bullet, the one examined November 23, three further bullets were taken out at the autopsy. And since we knew that only one bullet had been examined by the FBI, and since we knew at that point that three further bullets had been taken out, we asked that those three further bullets be examined.
Representative Boggs.
What proof do you have though that these are the bullets?
Mr. Eisenberg.
Well, again, we will have to connect it up at a subsequent time. They were turned over to the FBI Dallas Office, were they, Mr. Cunningham?
Mr. Cunningham.
That is correct.
Representative Boggs.
I am talking about the three bullets now, not the first bullet.
Mr. Eisenberg.
Yes; turned over to the FBI Dallas Office by the Dallas Police. Now, we will have to connect up by deposition or testimony before the Commission on the origin of those bullets, and proof is not in the record now, as it is not in the case of many of these items, as to origin. However, I have no doubt that we will be able to connect it up and put it all in the record.
Representative Boggs.
Has there been any inquiry made as to why there was this delay in removing the other three bullets to the FBI?
Mr. Eisenberg.
Well, as Mr. Cunningham stated, I was told since this was not within the jurisdiction of the FBI, they would only examine evidence which was given to them. And since it had not been given to them, they had not examined it.
When I asked for it, there was a formal request made for them, and they made their examination at that point.
Is that your understanding, Mr. Cunningham?
Mr. Cunningham.
That is correct, sir. In other words, we will do laboratory examinations for any duly constituted law-enforcement agency upon request. And we did it in this case. We offer our facilities but do not go out and ask for work. Since we have no jurisdiction in the killing of Officer Tippit, we would make no investigation and therefore, we would have no reason to go and ask for additional bullets, until of course this Commission asked us to, and then we did on behalf of the Commission.
Representative Boggs.
Do you have any theory, and this is just a theory, you understand, as to this discrepancy in these results as compared to the cartridge cases?
Mr. Cunningham.
Inasmuch as there are three Western bullets, you would be missing one Western cartridge case, and one Remington bullet. You are missing one of each. He could have missed one of the shots. I do not know how many times he actually fired the weapon. But he could have missed once. It is very
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