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. 1'1; - '92 92 gzernoon Session _2_:00 pang.-
Mr. Dinis resumed the" questioning and Senator Kennedy said he 1had not been successful in his attempt to reach Bari: Marshall, '
that he then returned to Edgartown and wentpto the heal police de_- -partme;}'.t.7- la-rsi-v-i~ng "-som"e"t"i"rn'e bé'fore I0 a.m." and m a statement.!
Q: Now, I have in my hand what purports to be tk statement tha¬'-'
you made to Chief Arena at that time, and in this atement you say--
well, would you read it first, Senator? _
A: Yes. _ - -92
' That is correct. The text of the statement follows.!
~ On July 18 1969, at approximately 11:15 p.I. on Chappa-.quiddick, Marthgs Vineyard, Mass. I was driving ny car on Main
Street, Chappaquiddick, on my way to get the feny back to Ed- -
gartown. I was unfamiliar with the road and tuned right onto
the Dyke Road instead of bearing hard left on Mézn Street. -
After proceeding for approximately one-half zile on Dyke
Road, I descended a hill and came upon a narrow ridge. The
car went off the side of the bridge. There was me passen;--*_i
with me, Miss Mary Jo Kopechne, a former secretay of my bro-
ther Robert Kennedy.
The car turned over and sank into the waterad landed with
the roof resting on the bottom. I attempted to open the door
andwindow of the car but have no recollection r how I got out
of the car.»
I came to the surface and then repeatedly doze down to the0
C car in an attempt to see if the passenger was still in the car.
I was unsuccessful in the attempt. ..
I was exhausted and in a state of shock. I recall walking
back to where my friends were eating. There wasa car parked
in front of the cottage, and I climbed into the tack seat. Ithen asked for someone to bring me back to Edgartnwn._2_§_/ I r~--
. member walking around for a period of time and '&:. going back
to my hotel room.
, When I fully realized what had happened this mrning, I im-
mediately notified the police.!
Q: Now, Senator, prior to the effort you made in contact Burke
Marshall by phone, did you make any other phone calls?
A: I made one call after 8 o'clock in the mornisg from the pub-
lic phone outside of the restaurant at the Shiretm-:2 Inn.
Q: One call?
; A:- That is all. [T]
Q: And to whom did you make this call? '
A: Hr. Stephen Smith, the party that I felt would know thenumber. - i
Q: with regard to the statement that you made at the police sta-l a a ' ' ac * I ' ' ' ' ' ' 7 W 7 f
23 This request was elaborated on in h:'-.s'inouesL tes5.r:onv.§u* sn't it aI pity the Cniei did not ask him whozn he asked, hcwuhe nmeé %o do _so under
the circmnstancas, ho.-r he managed to get bacl-; to his ho"-ii anc whether am
rescue attengat was made at that ti.-_.e?
4 ' W
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92 . |tion, Senator, you up by-saying, When I,¬.ly realized what
had happened this morning I immediately contacted the police.
Now, is that in fact what you did? '
THE COURT: Mr. Dinis, are you going to ask the statement .be put in the record? "
{HR} DINIS: Yes, your onor. ' < '
_'T~GQQRT: Mr. Kennedy already said this was a copy of the
statement he made. He already testified as to all his.move-
r ments. Now, won't you let the record speak for itself? [U]
' MR. DINIS: All right, your Honor. - -
Q: I show you, Mr. Kennedy, what purports to be a copy of the
televised broadcast which you made approximately a week after the,
accident. would you read that statement and tell me whether or
not that is an exact copy of what you said?ZQ/A: Complies! Yes. ' -
- After a quick reading of it, I would say that that is ac-curate. ' '
Q:__Now, Senator, in that televised broadcast, you said, I in-
structed Gargan and Markham not to alarm Mary Jo's friends that _
night," is that correct?
A: That is correct. _
Q: Can you tell the Court what prompted you to give this ir-
. struction? ~
A: I felt strongly that if those girls were notified that an
. accident had taken place and that Mary Jo had in fact drowned,
which I became convinced of by the time that Markham and Gargan
and I left the scene of the accident, that it would only be a mat-
ter of seconds before all of those girls, who were long and dear
friends of Mary Jo's, to go to the scene of the accident and dive
themselves and enter the water and with, I felt, a gccd chance
that some serious mishap might have occurred to any one of them. _[v11]?§/ -C
92 -MR. DINIS: I have no further questions of Mr. Kennedy.
MR. KENNEDY: Your Honor, could I talk to my counsel before be-
ing-released, just on one point that I might like to address the
- bench on?
_ was comm: Go ahead.
Offtherecord discussion between Mr. Kennedy and hislawyers.! '
THE COURT: And I think we can put in the record this question:
Why did you not seek further assistance after Mr. Markham and Mr.
Gargan had exhausted their efforts in attempting to reach Mary Jo?
MR. KENNEDY: Because I was completely convinced at that time
that no further help and assistance would do Mary Jo any more good.
I realized that she must be drowned and still in the car at thistime, and it appeared the question in_m% mind at that time was,what should be done about the accident._§/ F
214/ See appendix. '
25/ This response merits being set apartbecausc of its thought content; hence,
the lineal separation. Don't you agree? =
26/ A neighty decision; nothing simple like calling the police. Once again,completely convinced" of her death and that she was still in the car.
_ 13 -is
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. _ »_ . _¢¢'-'v- -r 1 .
. But the imrneggzely preceding was not t£.'one more point
Mr. Kennedy had in mind. Ever the cavalier, and reputed even to
have been eager for the inquest from the beginning and the four-month postponement as well?!, the conscientious senator made the
following statement, which concluded his overt participation in
the inquest. - , _ 2
HF! KENNEDY: Since the alcoholic intake is relevant, there ioQQ
is one further guestion,_your Honor, and although I haven't
. been asked it, I feel that in all frankness and for a complete
record that it should be included as a part of the complete
proceedings, and that'is that during the course of the race
that afternoon that there were two other members of my crew
and I shared what would be two beers between us at different n
points in the race, and one other occasion in which there was
-some modest intake of alcohol would be after the race at the
slip in which Ross Richards boat was attached, moored, that I
shared a beer with Mr. John Driscoll. The sum and substance
of that beer would be, I think, less than a quarter of one,
but I felt that for the complete record that at least the
Court should at least be aware of these instances as well.
THE COURT: Anything more? '
1 MR. KENNEDY: There is nothing further.
. THE COURT: Anything further, Mr. Dinis?
MR. DINIS: No, your Honor.
THE COURT: All right, you are excused, subject
recallC:
to further
' Discussion off the record.!
V _ 1' i i
'But Mr. Kennedy was not recalled "An inquest
trial of anyone."!. He went back to his seat in the Senate, where
his colleague, the gentleman from Montana, the Honorable Mike
Mansfield Senate Majority Leader!, welcomed him and told him that
that was where he "belonged." At any rate, that is where a whop
ping majority of the voting citizens of the Commonwealth of Massa-
chusetts returned him in the general elections the following No-
; vember and it is where he is now, in early 1972.¬ .
1S DOT. a
Now, for a better and-more cdmpleat understanding of the
foregoing testimony, it is respectfully suggested that the reader
review same and then carefully peruse that which follows.
~0
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<0 .. . tn: _ p
' - ms PERJURIBS
' for "
- , g :
e snwnnnh. KENNEDY 5 r
. 4 ' _ - ' V
- , .When, in the course of human events, it becomes necessary i
for one person to charge another with perjury, a decent respect
to the opinions of mankind requires that the accuser should de-
clare the causes for making such accusations.
: Here goes. . _ "
I0
PERJURY No. l p. 6! _ '
After hedging, the Senator yielded to the persistence of -
Mr. Dinis and admitted that the front window on his side had been,
open. Shortly thereafter, in his account of events immediately
0 owing the plunge into the pond p. 7!, he stated, I can re-
. member...feeling along the side to see if the window was open and, _
the window was closed. _Then, in the middle of page 8, he again
said it was open. Kennedy admirers may be moved to explain these
- several self-contradictions as merely evidence of understandable
uncertainty of memory and that he had been merely correcting him-
self. Indeed, Mr. Kennedy had evidently forgotten that in the
statement given to Chief Arena the morning of July 19th, purport-"I: edly giving the basic facts of the "accident" and to which he at-
tested as to accuracy see page 17 herein!, he said, I attempted
to open the door and window of the car...', thus clearly implying.
that the window was closed.
Scuba diver John Farrar testified that he found the front
.window on the driver's side open The Inguest, pp. 78 and-B0!.
PERJURY No. 2 p. 6!
Senator Kennedy stated he had been driving approximately 20
miles per hour. This was supported by Inspector George W. Ken-
nedy no relation to the Senator, he claimed!, supervisor of the -
Registry of Motor Vehicles in Oak Bluffs, at the other end of Mar-
tha's Vineyard, in his testimony, which will be examined later.!
At 20 miles per hour, the rate is slightly more than 29
, feet per second. Further in his testimony The Inquest, p. 80!,
John Farrar stated that he had made some measurements "...as to
the position of the car from the point of impact, the height of,
fall and the height of the water. ... The measurements of the po-
sition of the car with relationship to the bridge and the marks I
found to be a projectory sic - trajectory?! or a distance from
the point of impact to the car of approximately 36 feet and a drop
of approximately eight feet. The 36 feet! would be the point mea--
Q 2, - >11
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sured from approxim£.y the middle between th¬o marks on the-
bridge to the perpendiculary in front of the car. hte: The
two marks on the bridge" were made on the rub rail by the wheels
as the car went over--the right front wheel first, then the left. ,
This was because of the angle of the bridge to the road.! The ho:-'-'
izontal, distance the automobile hurtled from the bridge, then, was .336 feet. which. .inc.r.ea-s-es- the» ést-im'a't'ed ts'§e'é"cl' even of Eat of In- _
spector Kennedy, who was generous enough to allow for a ten per L
cent variance and estimated the speed, in his opinion, at "2022 E
I!92i_}¢$_ es: hour-" _ __ ____ _ __ __ ,_ ____,__v___-____
But that isn't all there is to it. When it left the bridge, the car trav-
eled through air; then it struck water, which reduced its speed and the distanceit would have traveled other-raise before hitting the bottom of the pond. Hadthis further distance been only three feet, the speed must be adjusted to about26-l/2 miles per hour, based on considerations taken into account thus far. Vie
can fix this as the n'inimu:n speed thusly, that conjecture being acoepted=' The vertical drop was eight feet, Iir. Farrar said, but the phot0.i;,!aPh °fthe bridge on page 121 of The Inquest at slack tide forces the cuncluslon thaithis was only to the -nater. There was another shy six feet to go thmugh Y3*»_e1',totalling ll: feet, probably less a few inches. Now then, from me of_tne ilrstlaws we learn in physics, the Law of Falling Bodies, we know that dngue thffirst second of fall the vertical distance traveled is 16 feet if nnd res.-.<-e,te.nce-is not rr. factor. and it ccrtainlyr was rot here!» ' Had @115 5°-=11 9:. dz? 5 -''ly, the time lapse during the fall would have been seven-eighth: of a Seond-1 ABut the cushioning effect of the "Prater that reduced the horizontal distance a._-so offsets this time fragment, vertical mozzentuzn considered as well, so the- Wmay reasonably conjecture that the time between bridge arsi pond bottomjtvithin a negligible fraction of one second. Hr. Farrar's measuieil 35 fee» andthe additional subjunctive three, totalling 39, gives us the estzzated 26-l/2
~§,j_1es per hour, which is 39 feet per second. 92 _ _In its »<,Q*¢,a1i=qr, the oz-oblen is cozmler, aggravated by ungoldeole in-exact meamirements. Still iurtner comments and observations '-1i.u. be made in a _
subsequent seaion, there presentation will be more opportune. -
______, __ .---.. . ._.._._.- ... . 1- --__ _, _ _ - '** "*__._..,._-.-_____-.--..- - . _._.. ...__._.._ _- ..-. _*' '" '
Psaavayno. 3 p. 7! '
.Mr. Kennedy stated that at no time after he turned onto the
unpaved Dike Road had he realized he had made a wrong turn un-
til just the moment before going off the bridge!. Yet, he admit-
ted he knew the road from the cottage where the cook-out was held!
to the ferry was paved. He also admitted having become generally
aware sometime" while on Dike, Road that it was 1_:§1_paved. Accord-
to know that he was not on the way to the
ferry, which he said was his immediate destination.
See further discussion concerning both Dike Road
bridge in a later section."ingly, therefore, f he had
and the
PBRJURY NO. 4 p. 7!_ .
. The Senator relied strongly'on darkness to support his ali-
bi. First, it was an extremely darkjnight , which prepares the
i-21-Q.
- 221-unwary listener or wet to accept his claim "pitch blackness
under water at that moment. Note his reference to it four times
in the course of this portion of his narrative. The truth is that
the headlights of the car remained on for a few minutes after the;
plunge and created quite a bit of underwater illumination, al-
though_necessari1y diffused. Mr. Kennedy reveals this himself
and the Engineering _
-General Motors confirms it! further on when he relates his al-
leged return to the car after having been swept some 30 or 40
feet downstream see page 9 and Perjury No 6!. This was how he
distinguished the front of the car from the rear, he said! »Fur-
ther on p. 13!, he relates how the headlights of the Valiant il-
luminated everything sufficiently for him to see exactly what was
happening" the diving by Mr. Gargan and Mr. Markham! and make
suggestions. I dc believe there would have been enough light to
have permitted such visibility, as,_from having swum in the waters
at Martha's Vineyard, I know it is remarkably clear.
PERJURY No. S p. 8!
In his earlier testimony pp. 7-8!, he insisted that he h-_
been upside down after the car ran off the bridge. If it did not
turn over, how was this explained? " ' .
In the statement given to Chief Arena see p. 17!, it was
stated, The car turned over and sank into the water and landed
with the roof resting on the bottom." Although unsigned, the Sen-
ator attested to its accuracy in his testimony.
PERJURY No. 6 p. 9! ' .
The tide changed low! at approximately 11:30 a.m. on Satur-
day, July 19th, according to Mr. Farrar's testimony The Inguest,
p._B0!,_and which can be confirmed by those at the scene at the
time. The.tide oscillation is approximately every six hours.
Therefore, it was low tide at approximately 11:30 p.m., when Mr.
Kennedy alleges the accident occurred. Accordingly, there was no
current at all. Even if the car did not run off the bridge until
a few minutes after it was alleged to have been! sighted by Mr.
Look at 12:45 a.m., the current-could not have been running as
fast as described. The time of the accident has been firmly estab-
lished as far as testimony is concerned, however, as approximately
11:30 p.m., since*every surviving member of the party who admits
having been at the cottage when the Senator left has.given from
11:15 to 11:30 as the time of his departure, and his sworn account
is that he proceeded directly to the bridge from having made a
wrong turn. This could not have taken more than a few minutes.
Then he spent fifteen minutes diving for Mary Jo he said!, an%
other fifteen minutes recuperating he said! and still another
fifteen minutes returning by foot from the bridge to'the cottage
for assistance he said!, arriving there at approximately 12:15,
which has also been corroborated by others in the party.
* almost
__._ 4 _ _ 4,. . _._-... .-_._..--_._.~_,-_ ... .. ,J»
Departmet of the Oldsmobile-Division of i?
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QPERJURY No. 7 p.{'! Q .
_ Here are the questions and answers concerning the length of
acquaintance with Mary Jo by the long and dear_£riends in their 3
respective testimonies [ghe Inquest, pages as noted!.
Miss Esther Newburgh
THE COURT: How long had you known Miss Kopechne? 1 0 -0
THE WITNESS: Since 1967. -.¢- '
Miss Ann Lyons p. 112!: 1
' Q: How long did you live with Mary Jo?"
A: Three years
Miss Rosemary Keough p. 115!:
Q: How long had you knownfMary J0 Kopechne? -
A: I came to Senator Robert Kennedy's office Septembt.
of 1967 and I have known her since then. -
-Miss~Susan-Tannenbaum p. ll8!s~___t_-. _»-e _ 1 _-.,~ s _
' "' Q: How long had you known Mary Jo?" ' A: Approximately a year. ' .'" * ' '
Miss Maryellen Lyons:
This Miss Lyons
. - Miss Keough had
and.we do not know if
more or less than two.._..
92
was not asked the question. ""
known Miss Kopechne less than two years,
since 1967" for Miss Newburgh! means
years, but let us say the total for these
two was forty-eight months.
If we consider only the three years Miss Ann Lyons shared
the Washington apartment with Mary Jo and the "approximately ayear" for Miss Tannenbaum which could have been less than twelve
months!, the total for these two is another fortyeight months
and the total for all four is ninetysix months, or an average of
only twentyfour months acquaintance. Adding as much as a year
to Miss Ann Lyons acquaintance to allow for possible previous
acquaintance brings the average to only twenty-seven months.» Byeveryday standards, the length of acquaintance for any one of
them is hardly a long time".
- 23/24 - Q0-$3 _ p; 96!: .
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THE ANOMALIES .
- OF _ Q:
nnwmzn M. xszmsnr ' -
Choosing a title for this section wasn't as easy as onemight think. Many of the referenced statements were in all prob-5&3
ability as perjurious as those in the" preceding section, but suf
ficient absolute proof is lacking to warrant making such an out-
right charge, or some kind of defense is conjecturable, as sober
reflection on the various circumstances will show. For most of
them, quasiperjuries might be accurate enough, but it was the
definition given in a leading modern dictionary for the word,
"anomaly", that decided the matter: Deviation from the normal or
common order, form, or rule; abnormality.
That definition accepted, the reader may already have de-
cided that the inquest, itself, was rather anomalous.C:
Mr. Kennedy said no one else was in the car with him but
Miss Kopechne. Note the following excerpted testimony of Police
Chief Arena The Inquest, p. 85!. -
Mr. Arena was describing a telephone conversation with the
Senator, who was at Police Headquarters, the Chief having tele-
phoned from the Malm house after having left the Dike Bridge
Saturday morning after the recovery of Miss Kopechne's body.! -
TEE CHIEF: ...I said words to the effect that I em sorry,
I'have some bad news. Your car was in an accident over here
and the young lady is dead. He said, "I know.
I said, "Can you tell me was there anybody else in the car?
He said, "Yes."
~ I said, "Are they in the water?" ,
He said, "No." _ .
Since no one else heard boyh sides of the conversation, Mr.
Kennedy's battalion of advisorsl could accuse Chief Arena of fal-
sifying~~one word against another-or they might even railroad himinto that federal mental hospital-prisonZ/ in Springfield, Mis-
souri, if Mr. Arena insisted on his version. On the other hand,
they could offer the explanation that what the Senator had reellq
meant was, "Yes. I can tell you if there was anybody else in the
car. No, there wasn't." If the'reader wishes to believe this,,
l y See 'ree.a-..» Bare, 113-ht. __ 52/Ii the reader's interest is aroused, see Destrov the Accnser, Freedo PressPubl. Bo. P.C. 3&3 U62, Allauattah Sta., Liar}; 533,: crrovuer frfm Council1-or Statehogd 13,0, 33;; 331 1:0, Fla.! 2.11 wnlch lo:-me: :'.T,x-OII!Ey -General Rdbert hennecy played a prominent role.
. ' 25~ £5
W _ _H __ _ _ . _ _ _ _ _ _ __ T _ _ _ _ _ ___ _ ._E
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however, read on, r ' 2;, read on and on and 92.. and ponder _on Anomaly C. , -
mommy a p. 6! - .:
¢
The Senator said Mary Jo had been in the frmt seat; yet, inhis emoticon.-pack-ed» »na-r-r-a-t~iv»e- of -the "ev'en't's f'oIl6frT15T_g the alleged 5
unsuccessful rescue attempts, he declared his belief that she was.in the back of the car. In. fact, as Zad Rust was also observant 92
enough to note in Teddy Bare p.223! that is just where she wasfound! See bottom of page l3, herein.! 1
ANOMALYC p. 6! _ ~
-- This is most unusual. Note the stipulation that there wasnothing to his knowledge! on the back seat at tint particulartime. Why the qualification? To be sure, there Inst have beentimes when another person or object had been on the back seat. As
with virtually every other survivor of__the party, Kr. Kennedy'smemory regarding seemingly inconsequential detailwas often un~reliable, but not this time! He had evidently read Deputy Sne:;;.~.;_Christopher Look's account of having seen an autcmobile strikingly
similar -to the Oldsmobile at the junctiongf Chappaquiddick Road-referred to as "Main Street by the Senator, and Dike Road wherethe Senator should have made a left turn to reach the ferry but 'turned right instead! an hour and a half after the Senator said
he left the cottage. g*~f~ The Sheriff's account was totally unacceptable to Mr. Ken-nedy, of course, as Mr. 1.-ook had been positive that this was the
same car he had seen pulled rrom the pond the next morning, com; _plete with the beginning letter and the first and last digit ofthe license number he managed to note mental1y-- I. 7 7.
This is also the probable reason for Mr. Kennedy's answering per-tinent questions in advance almost immediately following this
statement about not stopping, backing up or driving into CemeteryRoad. Salient portions of Deputy Sheriff Look's testimony ran
thusly:gE
A: I noticed it was a dark, carthat passed in front of me.
Q: Where did it go when it passed in front of you?A: It went into a little dirt rcad maybe ten feet offitheroad that is commonly known, I believe, as Cemetery Road, andit stopped and as it stopped I proceeded around the corner andlooked into the mirror of my car and noticed the car started
to back up. '
O00A: When the automobile passed in front of me and also whenI was walking towards it, there appeared to be a man driving and
a woman in the front right-hand side and also either anotherperson or an object of clothing, a handbag or something, sitting
on theback. g - _ _ _The Inquest, p_. 73. A A A
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_. -. .- ., .. _._.__. .._.-....___._.-.__ ~*" -'*'~"*"'--v~f'-'-.- . ..'g
§_-
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2
C DO EDSWEI "" -mommy 0 p. 1! g .. A .v
This was a fantastic feat of memory! Be remadnred the car
just beginning" to go off the bridge, but was uncertain about apqplying the brakes -- perhaps a fraction of a secomd before "
Now let us revert to Perjury No. 2 and look further into the _testimony of Inspector George Kennedy. By his o.w.n ,;stima.te_.,_ theInspector arrived at the bridge that morning at about 10:30 and 7*noticed some "skid marks" on the bridge "starting at the edge of £the bridge on the dirt." There were numerous menthxngs of the ~
skid marks, which, for some unclear reason, he seenmd to imply were
easier both to detect and measure on the wooden bridge than on the
' a1lgravel approach. -That there had been actual braking, h0WeVeI' T does not appear to have been firmly and incontestably established,. although Judge Boyle seemed to think so in his Report. In a con-
tradictory vein, in The Bridge at Chappaquiddick p. 257!, Jack
Olsen tells us that the "skid marks" were so light that no rubber
residue was left and that accident experts who exanned the area
later were uncertain whether the brakes had been fully activated.
Also anomalously, in the August l, 1969 cover story; Time p. l2,~
and of which the frequently quoted Mr._Qlsen is a senior editor,
remember! says there were no skid marks. '
Now let us approach the matter of the Inspector's estimate
of 2022 miles per hour as the speed of the Oldsmobile on its take-,
off run. Assistant District Attorney Armand Fernandes examined
Inspector Kennedy. The following excerpt has been slightlyabridged to relieve the reader of irrelevancies.gB/
Q: ...drawing on your experience and based on the physical
evidence, are you able to form an opinion--and I want a yes or
A: I would say yes. ' §
THE COURT:, Wait a minute. He hasn't asked you as to A
" what. - -
_- Q; --as to what speed a car would be traveling in order to
leave the skid marks which you described for the Court?
_ A: Yes.
Q: Could you tell us what your opinion was?
A: Approximately 20 to 22 miles per hour.
Q: And how do you base that--? -
A: All right, a.car operating at 20 miles per hour has a
reaction time of any person operating approximately threeguarters
of a second before a person removes his foot fnmnthe gas and ap-plies the brake. Approximately at 20 miles an hour the vehicle
would move approximately 22 feet in the threeguarters of a sec ~
ond for the reaction time. Then a vehicle, after the brakes have
been applied, should stop in 25 feet; Now, there is a distance
of 25, 22 - 47 feet. 1
THE COURT: Well, I'm going to stop you there now...I-
, don't know... H
Ieither does anyone else know, Judge. '
surprisingly enough, however, instead of His Honor asking how
the Inspector had determined that the car had actually stopped with-'2§/lbidu p.68. ' A Z g ii W . Z Z J i 2* 4 '
_,,- 55
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111 the b7_1eet mm twimm of the "reaction tiqitquirea for validity,E18 q119SG.lOIlS that fOl;u-:86. concerned the ~.-weight of th car, condition of theulIBS and brakes both excellent!, etc. At no time was this fact established.Inspector Kennedy also made some measuranents-the "skid marks", the dis-from the edge of the bridge to the points where thg wheels 1-gnt over, _1The naht one was 13 feet, the left, 33 feet, two inches. But an extremely in-teresting thing about the locatio , _ ~ _ y ,_ Qbridge that tee I-nspec-tor did not reveal is that the one made by the left wheel"
ended less than four feet from the _ peak" oi the bridge. This mill be noreclearly understood from a superficial description of the br.id_:;e construction ii.Anoma'l.y G. Sufce it to say here that there is an elevated center section andthat the ramp sections on either side have a gradient of some eleven degrees ormore. Hnat this means is that the vehicle ran 15 feet up an eleven-degree in-clined plane oefore plunging off and that this would nave had a czecelerati..-1-; ei'-'-fect, TlhlCh means further that the estimated sseed of 26-1/2 milesper hourwhen the car hit the edge of the bridge is due another 92r,>gradirg. How about 28:_ Here is some more. On each side of the bridge there is a low curb pr rubrail nine indxes aide and there was a deep gouge at the approximate midpoint_be-tween the tm tire mats caused by the transmission housing as it went over.from the standpoint of horizontally directed force, as when the transnissionhousing gashed across it, the width is equivalent to thickness. This caused Vmore deceleration, of course, and so more speed upgrading is necessary. To 33?But we aren't finished yet. If the brakes were apolied, as In$>ectc~:- *'=---nedy indicated, this -would mean more deceleration from the beginning oi 1.1:-.bridge. The Inspector stated, and rightly so, that it takes a greater distanceto stop on wood than on macada.-.-1 and still more :i the suriace is lightly sandy.The mentioned 25 feet was for macadam. One of the pieces of defensive evidencesubmitted on Senator Xerme-ly's behalf was a rather sophisticated engineezirgstudy, mentioned more fully in Anomaly G, that included several one-the-sceneNtests made following the accident. Here is an e><ce1-pt=21>3-3/ ~ -C
_ Data on a test performed in the presence of 13:. George Kennew, of A »the Iéassachusetts Division of Elotor Vehicles, in rrhioh a 1969 Chevrolet 'approached the bridge at 20 mph. The brakes were applied at the instantthe front wheels touched the bridge. The car came to a stopavith themm wheels at a distance oi 33 feet iron the beginning of the bridge.The test was performed on a dry bridge, but with a slightly sandy surface.
' That was just two inches short of whezethe left front wheel of the Olds-_.f mobile went off, wasn't it? Accordingly, ii the 1967 Oldsmobile was travelingL; at only 20-22 2.-les oer hour as it approached the bridge, as both Senator Ken- nedy and Insoector Kennedy maintained, it should have at least decelerated sui-ficiently that, if it chd not stop conpleatilg, only the right front wheelwould have gone over. But did-it? You know it didn't. The flight of the Olds-mobile ended 36 feet further east on the bottom of the neck just entering intoPoucha Pond. And so we are no.-r faced with more necessary speed upgradirg._ 35?
ho? 16? S0?We do not kncri whjr Inspector Kenrzedy obviously ignored this greater dis-tance, since he said the car had been 1?.o'J'ed from its original soot at the timeof his arrival, but we do know from his testiznorry that the Senator knew thatthe Inspector knew about the plunge. From the bridge, the Inspector went di-rectly to Police Headqu-J-tars, -1:.ere_ the Sen-2-or was at the time and spent 1about iorq7-five minutes with him. But Inspector Kennedy is an honorable nan;
so are they all, all, honorable men and women!. _Now, -nhat was that Judge Boyle said at the opening j921$b '5-Y0 @175 !>-3i'°='-"3
lnsfgectpr Kc-nnech U?-sti_iie<1! ,
393/ 1oid., p. 93.ns of those points of deoa.rt.1re {mm th
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It is the d~92.ff the Court to see}:and all in£ormatioQ_ d testimony which is
,and material to the question as to whether
caused or contributed to the death... cup ind receive anyr .ant, pertinent
criminal conduct
Just what the Inspector expected-to accomplish with the in-jection of the "reaction time factor is also unclear or what _bearing it has. .Mo:eover, Iiam inclined to-believe that three _quarters of a second is more than generousin other words, a ~1 o n g time-for a man only 37 years of age, in good physical ;,condition and mentally alert. when drunk? That's different, but $
the Senator swore he was cold sober. ~ .
And if we may revert to the upwardly adjusted estimated~ speed at which the Senator and Mary Jo may have been traveling,this puts the report of the two Malm ladies, mother and daughter,who were living in the "Dyke House" estimated from only 100 to150 yards from the bridge! in a slightly different key. Both toldChief Arena The Inquest, p. 87! they had heard a car going pastunusually fast toward the bridge some time between 11:15 and11:45 p.m., although their accounts did not coincide exactly inevery detail. What puts it a little off-key is that the time isa minimum of one hour too early to meld with Deputy Sheriff Loon ;report. But isn't it a pity the Malms couldn't have testified inperson?- e_/ '
nnomnm E p. 7! .
Why was he so sure no one would be leokingfor them untilmorning? Should he not have assumed that the others would havereturned to Edfartown as planned? And would Miss Newburgh Mary _. Jo's roommate at the motel! not have missed her when she returned?And would Mr. Gargan who shared Mr. Kennedy's room at the Shire-town Inn!-not have missed him? would the normal reaction not havebeen to inform at least some of the others and, both having beendiscovered missing, go look for them and/or notify the police?
ANOMALY F p. 8! _
_Had he really been upside down, with no seat belt holding __him none was mentioned!, all his weight would necessarily havebeen on his head, since he was obviously using his hands to-tryto hold the water back, and there was no mention of this uncomfort-able position. The contusion on top of his head and the minor neckinjury attested to by a physician by affidavit does not necessarilyconfirm that he did land on his head. i
' n
ANOMALY G P. 9! _ a
Ihe Senator's implication is clear that he did not see the -_ .. 5 5!,: ;,~.,;.,-»,_..~_ .._.~_v__-92>..;..-.2 _~._-¢:...'.;. ta.-,. -.-.7 .»___,_,,_3_:__r__~.___" 92 _
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Scene of tragedy on Chappaquiddick. ! The blacktop road along which . 1 O
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Senator Kennedy drove with Miss Kopechne as his passenger. ! .
Where Kennedy said he intended to turn left to follow the blacktop
road to the Edgartown ferry. Instead, he turned right onto _! DykeRoad. a sandy lane that leads_tO ! DY" B"d_2B- mm "h'°h me 4
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bridge until he was '~tically on it for the sirnle reason thathe didnt know it witwnere, despite having be _'.ver it twice '_that day. The argument here could well be that someone else had »Ibeen driving" and he just hadn't paid any attention to the local~ scenery, which held no novelty for him. This argument might win - _ »-credence from some and prove difficult'to dispute if the Dike ' ;Bridge was an ordinary one, but it isn't: it is extraordinary and '-
. the extraordiniiuthor Olsen tells us more than once in The Bridge at Chapfpaquiddick {e.g., pp. 116 and 135!, that it is clearly visible __from the road from a distance of 200 yards or more, partly due to i3its angle to the road. As if the rather abrupt change in scenerywasn't enough to attract attention the trees and brush92liningthe road stop before reaching the Malm house!, the road becomesincreasingly rough, with ruts and a couple of pot holes not farfrom the westerly end of the bridge that cause any normal driverto slow down, bridge or not. And it is reasonable to assume thatMr. Crimmins_is a normal driver. Then there is the unusual 27degree angle of the bridge to the road according to InspectorGeorge Kennedy! and then the narrowness of the bridge, itselfonly ten feet, six inches wideto command the attention. The 'cited article in Time p. 12,, Aug. 1, 1969! says the local resi-dents recommend coming to a full stop before going onto the bIiO§z,then inching forward at a respectable 5 m.p.h. until safely on the
other side.! _ _But these, other than the width, are only the approach fac-_ tors; there is the bridge, itself. Most rural bridges are essen-tially level with the road and it is, indeed, possible to zip pastthem without notice; but not the Dike. It is "humpbacked", and -.this contributes mostly to its visibility from a distance. In anelaborate report in the form of an affidavit by professional en-gineer Eugene D. Jones, Vice President in charge of the ew EnglandDivision of Frederic R. Harris, Inc., Consulting Engineers, thebridge is described as having a center span ll-9" long. Let'ssay-twelve feet. Then it says this span varies in clearance fromthree feet to five feet above the water. It does not say, howeverwhether this variance is due to the tide or if it refers to the_1evels of the center approach sections to the said center span.'Leoking a various photographs of the bridge, it is easy to believe-_ the reference is to the bridge, itself. These approach sections -appear to be between 15 and 20 feet long and rise, ramplike, tomeet each respective end of the elevated center span. This iswhy it is known locally as."the hump".- The center span looks asif it is easily two feet above the beginning of each approachingramp section, which would give the ramps a gradient of no less -'than ten degrees, and going over it the first time in an automo-bile, whether driving or as a passenger, must be quite an experi-ence. With a wheelbase of ten feet, four inches according to themanufacturer! and a minimum clearance.of just about six inches,Mr. Crimmins must have had some misgivings before reaching the .other side and quite possibly some conversation with the Senatoras to whether to risk it! For example, read the following excerpt slightl abridged} from Mr. Crimmins testimony' and see if youagree 2° ~ _ . - - _
33/ rum, p. 149. .
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THE. THE
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bit of%ear@=COURT: Did y drive the Senator! tot bea£
WITEZESS: Yes your Honor. _ ,COURT: Did you drive him over the Dike Bridge?
wI'II<F.SS: Yes, I did. ~COURT: Did you have any difficulty negotiating it? .w1':tm:ss= Just the hump. . _ _ "CC-L?.'I: And you brought the car back overthe bridge? __D_w1'rz~u:ss= Yes, sir. - aw
And is that an Oldsmobile Model 8_8?
HITN.-SSS: Yes, sir. _ . i .£;
92
Now, why not consider a few noteworthy things &out thisinformation? For instance, Mr. Crimmins' use ct the col-loquial term, "the hump", regarding the bridge and that His Honor
did not have to ask what he meant by it. In fact, acquaintancewith it was indicated by his apparent anticipation of difficulty.Also, Mr. Crimmins was not asked whether this was his first visit ~to Chappaquiddick Island, but Mr. Kennedy claimed it as his.Mr. Crimrnins arrived on Martha's Vivneyard on Wednesday, the 16th,
and
th espent that night alone at the cottage. Messrs. Gzrgan, Mark-and LaRosa arrived the next afternoon and evening, but spent '
night at the Shiretown Inn. The
Crimmins met the Senator at the
from the Senator's testimony, drove
the beach. Instead of remaining at
mins then went to the Shi-retcwn Innnext day, Friday, the 18th,
local airport and, as we
him to the cottage, then to
the beach, however, Mr. Crim _-
and drove the Senator back tothe cottage that evening after the race. The point lure is thatthere was little opportunity for him to learn such a-term for such'a remote and obscure structure as the Dike Bridge. Of course, 2-Ir.Qrimmins could well have visited the island previously, but hehis residence as South Roston his occupation as legal aide -an-nee 1- 1 92-» ~ -1 92-and investigator, and part-time chauffeur evenings and weekends!-'
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The excerpts on this page 2! were erroneously ascribed
to the Jones Report. Actually, they are from still another re-port prepared by Donald L. Sullivan, of the Arthur D. Little- Company. It is in the same section of The Inggest as the JonesC
Report.
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A, »_ ¢='92 -150 feet, it would proba . be a good place for beginners learningto drive. Here are a fe'.- ,,.ore excerpts from this Kigly profes-sional and technical study and report pp. 92-95, T}. Inouest!.Approaching the bridge, the road is straight for at least 53/10 of a mile, except for the last 150 feet. A 1% downgradeextends.from 630 feet to within 100 feet of the bridge. Note:A l% dongrade is practically level and this is probably the hill referred to in the statement given to hief Zrena, page 'l7.*! Vegetation on the right at a distance of about l20 feetfrom the bridge forces one to turn to the left, so that high- 5+beam headlights do not illuminate the bridge at_this point. Just as one turns back to the right at between 90 and 30' from ' 'the bridge, one's lights are deflected sharply upward so thatagain the bridge is not illuminated. The rapid right turn,'leftturn, and sharp upward deflection are not only distracting butalso make it difficult to see the bridge before one is on it.
Sounds gruesome, doesn't it? What this report does n2§_reveal in The Inguest! is the approximate point_in distance from which the bridgéiis first illuminated when driving at night andbecomes visible. Neither does it reveal that the road widens ner-ceptibly well before reaching the Malm house and-that the closer;connected curves are actually very, very gentle Scurves, so gen-tle that they can be negotiated practically without turning the 'wheels by permitting the path of a vehicle to be almost straightand approach the left lane momentarily as it progresses, the roadway turning slightly to the right, thus keeping the bridge inview. Thus it is, too, with the vegetation on the right that"forces" a turn to the left. It is part of a smaller, but alsogentle, Scurve. In other words, the rapid turns are necessitatedonly if the divzi hugs the right side of this littletrave1edroad, and the losses of view of the bridge resulting therefrom areonly momentary. Yes, to be sure, this is "driving by the-book and-is technically correct, but any normal, experienced driver, especially when driving on an unpaved country road with no lanemarkings, and when it is obvious that no risk exists with respectto another oncoming vehicle, will permit his car to ease from oneside to the other to straighten out gentle curves. But here is
some more' The motion picture Yes!-Auth.§ shows that the bridge isvisible for a period of less than three seconds prior to theaccident if the car approached the bridge at 20 miles per hour.
The series of still pictures shows that at distances inexcess of 100 feet from the bridge that the highbeam headlightsstrike the ground for a long period of time well in front ofand to the left of the bridge. Just as the headlights come right, toward the bridge, at.a distance of between 100 feet andS0 feet, the headlights are tipped up sharply by the rising
terrain. - ,There is even more of such description and, if one is not ~
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CA " - ~--.:..s.¢_ :____], __ _ _ __ I _ . _ *'*'~'i~_': _. .4 __&_> _.___, _i__ ___ _ _ _ _- _ t . . . - .. .4 . M _ -- a -as~»---,a~92=_:;.~._i§,..,_,...r_-l .. . __ _ _ _.-r_a-a~.92;_i;__. L. _,., , V is _ - _ s W r saw!» A _ .~_.....¢;=»_:-y. » __'_..t,U_3,__t____ ii Iswept away on a wave ¢N_v19292pathy for the Senator, e is forced toask a few questions. a starter, with such ho '"dous terrain surely, the Senator must have realized there wasrnothing likethis on the paved road between the cookout cottage and the ferry!!what normal driver would not drastically reduce speed? Did Hr. 5Crimmins do so? Incidentally, that cited photo in~¢ime clearlyshows the probable rising terrain as a bump that extends'prettymuch all the way across the r0a¢, QQLQSS what was.meant.in.euery-day language as a idip . Mr. Jones and his party evidently missedthis photo how did the Senator miss it?!but Mr..Jones, also, is-an honorable man; so are theyall, all, honorable men and women!.And then there was Mary Jo, who had been over the route toand from the ferry not just twice that day as-had the Senator!,but five times. Did she notice nothing anomalous about going downDike Road? If she did, did she mention it to the Senator? And ifshe did; did the Senator pay no attention? Did it not jog his ownmemory? '' And what about the aaeheeucé-1 warning sign on the roadsideprior to reaching the junction with Dike Road, with an arrow andthe words "To the Ferry" in reflector-type illumination? Thiswas not mentioned in the inquest.! ' .Less than three seconds visibility, did he say? All right,two and threequarters. So we deduct an excessively long tnre=quarters of a second for reaction time according to Inspector Xennedy! and we have two seconds left, or_59.8 feet from the edge ofthe bridge. Shall we say 60? Now, the 25 feet the Inspector hadgiven for stopping at 20 miles per hour was on dry macadam and, alittle later in his testimony, he said "On wood, the car wouldtravel much farther." This is believable. In fact, part of thestudy conducted by Mr. Jones included the testing of a 1969 Chevro-let at Dike Bridge in September 1969, when it required 33 feet tostop, the brakes having been applied +be moment the front wheels_touched the bridge traveling at 20 miles per hour. He even gotthe Inspector and the Chief in the act, the brake testing beingdone in the presence of the former, with the latter clocking thespeeds.! This still leaves 27 ieet of bumpy Dike Road, plus the18 feet from the edge of the bridge to the point on the right rubrail where he went over, making 45 feet of roadway and bridge be-tween the vehicle and Poucha Pond after reaction time and expand~ed stopping distance, during which it is uncertain whether Mr.Kennedy the Senator, that is! actually applied his brakes.==£.-_...-..__.4._».l..'.....s-.s»-.<».;1.<- 7- [email protected]=~ " ~;=:<~...This was an expensive report, undertaken, Mr. Jones said, atthe request of Ropes & Gray, Attorneys at Law. Need we ask whorequested Ropes & Gray, Esqs., to request Frederic R. Harris, 1nc.,Consulting Engineers, to make the study? According to a state-ment in the introductory portion of the exhibit, the inspectionof the road and bridge was made on December 29 and 30, 1969, justa week before the inquest. Why?. Did_the Senator think the resi-dents of Martha's Vineyard were unaware of the condition of theyroad and bridge, or was he afraid it might go further and be theconcern of others lacking first-hand familiarity? It did.
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As in Anomaly D, he remembered just beginning" to go offthe bridge, but could not be positive about turniq his wheels.Let's see what else Inspector Kennedy said about the skidmarks .§§/ A .
I -A53 when I arrived at the scene. I obs_er:v-ed» -a--ea-r in thewater-"'o the right side of the bridge. I had noticed skidmarks on the bridge starting at the edge of the bridge on thedirt and continuing straight to the right and over.1
Paraphrasing the description of the tire marks in The Bridgeat Chappaquiddick, it was as if the wheels had been locked in position."_ And with an acknowledged minimum of a-lmst three secondsvisibility time? I submit that "reaction time for turning wheelsis appreciably less than that for braking. But that was that theJudge -said in his report about the turn onto Dike Road?
I infer. that Kennedy did r_Lo_t_ intend to drive to theferry slip and his turn onto Dike Road was ;intentional. ... Ibelieve it probable that Kennedy knew of the hazard that lavahead of him on Dike Road, but that, for some reason not e*_.--parent from the testimony, he failed to exercise due care as
he approached the bridge.
ANOMALY J p. 9! »
0n'e may well ask what kind of response Judge Boyle could possibly have expected to such a question. However, it is rumoredthat +he popu1=-r opiniczz in and around Edgartown is that Mr. Ken-nedy waited as long as he did to report toethe police because hewas very drunk. This, of course, would have been obvious to an-other person. And then there would have been an incriminatingbreath test to be feared if this was true. However, there isyet another possible reason for the delay. Please be patient.
ANOMALY K p. 10!
' The Senator said he couldn't swim because of the current, sohe sw:_;_:§ to where he could wade. That was really a good trick andit Tidicates tremendous resourcefulness. However, Perjury No. 6puts the tale of the attempted rescue in a different light. See
also Perjury No. 4.
ANOMALY L p. 10! .
How the Senator is absolutely right! The bridge does runalmost east-west. In the course of preparing this material, Iexamined a rather large-scale map of Chappaquiddick Island that_ Awas prepared by the U.S. Coast & Geodetic Survey that also showsi
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'34 _ . Q;
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-...' ._, _ -'..-; . ... . . . _ . ';,~ -- ._....-_____..___ ._,.. _compass directions bymees. Believe it or not, 't even showsDike Road and the bri _.~, - I would bet that a,li rom the centerof the road from Wrong-Turn Junction to the beginning of the bridge the road is almost straight! would have a bearing of very nearly120 degrees. Now then, if we subtract Inspector Kennedy's 27 de -grees for the angle of the bridge to the road we get 93 degrees, "which is almost due east 90 degrees!. The map is in slight er-ror; it ghows the bridge at an angle t_Q the road on the ea.s.ter.l_yside o£'the cut, rather than the westerly.! -Supportive to this is the introductory phrase preceding the ."first quotation from civil engineer Eugene_Jones's report given on~page 31. Starting at Station 0+00 and proceeding in a southeasterly direction, the roadway is on tangent...etc." This doesnot necessarily mean due southeast, or a bearing of precisely 135degrees, but in that general direction, which could be 120 degrees.But what is anomalous about this? Why, simply that the Senator said see page 4! he had never been on Chappaquiddick beforethe day of the swim and later cook-out, and such accuracy as tothe lay of such a road and ramshackle bridge is unusual. Inciden-tally, the people around those parts thought such a statement wasa little anomalous, Participating in the Edgartown Regatta, which-he did that Friday afternoon the race!, has long been a familytradition, and in all that time he never visited Chappaguiddizki
ANOMALY M p.-11! _ik'p0mfd' It is a pity we don't know where "up to beep was, but it issurmisable that it was somewhere on the upper part of his body,perhaps around his neck or chin. This is based on,scuba diver Far-rar's estimate of'a depth of from six to seven feet in the immediate vicinity of the vehicle at approximately 8:45 a.m. when he frecovered the body. Mr. Kennedy is reputed to be six feet, two inches, tall, and let us be mindful that it was a slack tide hehad.plunged into and the water, therefore, was lower than it hadbeen at the approximate midpoint between tides, as with Mr. Farrar._ And if he had been truly unable to stand, as he claimed, ho:would he have been able to say "It was up to heeéF?_ ¢/xi; ;win7 ,?
ANOMALY N p. 11! _ ~ -_Here are some excerpts from the testimony of Chief Arena:gy
A: This statement! is from Sylvia R. Malm. She is the mo-ther of the family. "On Saturday morning, July 19, 1969, two ~boys knocked on my door and said there is a car upsidedown inthe water by the bridge. ...Sometime during the evening before,I was aware of a car going faster than usual going toward theDike. I have no idea of the time. I think I went to sleep some-time between ll:3O and l2:00 midnight, but I do not know thetime. I heard nothing during the night. ... a night light wasburning all night. 2; gg/n>m.,p.8'z. l I If A
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is ,~ the bridge.-
at the clock justThen I have tatement from Sylviadaughter. On Fri:.1ight, July 18, 1969,heath an open window which faces east thatAuth.! from ll p.m. to 12 midnight, lookingbefore! turned my light out." 1 - - -Remembering how Senator Kennedy shouted Mary Jo's name lp. 9and that the lights of the Valiant must have s_hon_e into Miss lm"window fihen he returne'd with Messrs. argan and Markham to resumerescue operations, we must pause to regret that the Helms are suchdeep sleepers. But Chief Arena said, a little further on-- n
QA: Yes, there is a house diagonally across the street onthe right occupied by a Mrs. Smith!. I had a conversation withMrs. Smith and she stated she had a -night light in one of Rtchildren's rooms which she left on all night. This was on the
road side of the house. -
It is anomalous, too, that the Senator used the word, cot-tage, whereas Mr. Dinis said "houses." The truth is, I believe,!
S _-Q __
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that the so-called Malm house is a cottage,which is to say, a gsmall house, as are most houses on Chappaguiddick Island. Iahisreport following the inquest, Judge Boyle referred to it thr-53' The Inguest, p. 125!: A short distance before Dyke Bridge,there is a small house called 'Dyke House , then occupied by a
Mrs. Malm and her daughter." "The significance of this is that there had been ample oppor-tunity to observe both the Malm or "Dyke"! house and the Smithshouse twice the preceding day, going to and returning from thebeach, especially the return, since there, are no trees to obscure~ fhe vision between the bridge and the house. There was also anopportunity to observe one or more of these houses on the way tothe bridge on that fatal drive, particularly if he was drivingonly 20 miles per hour. '__ Notice, also, still another attempt to clutch at the ask ofnight. Darkness is conceded. The crescent moon was below the horizon a full hour before the alleged time of the "accident'. Ho».-ever, the eye adjusts to gradations of light, the pupils dilatingwith diminution of luminosity, and Mr. Kennedy had been exposed tothis pitch blackness" by his own reckoning a minimum of a half-hour. And bear in mind the absence of trees to obscure the star-light, faint as it .is.. It was a clear night, remember? And hesaid he saw the "silhouettes" of the trees. Against what?!
ANOMALY O P. 12! 'Mr. Kennedy said that Mr. Gargan's arm was all bruised andbloodied. Let's look at portions of the testimonies of just afew persons who saw Mr. Gargan the next morning. Richard P.Hewitt was the ferry operator who too}: our heroic trio to andfrom Ctappaguiddick Island that Saturday morning and had this
_53Y2f s g p p s g _ s
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Q: Do you rccal1 :thcr or not any of 222211 f"=nnedy, Gargan Or Markham! appeared to be injured in any nag? ' A: I didn't notice anything that would lake think thatthey were injured. '
Hr. Gargan happened to be at the"Poli eStation at the sametime as _Inspector Kennedy, who said this:?_¬7 =Q 1, -
t:
1 were you in close proximity to Mr. Qrgan?
I was.Did you have occasion to see his arc?I did. ' -
Did you observe any marks? _ 92 -
I did not. -Did you make any observations as to limping or any signof injury to anyone? A .a
A: No limping on anybody. -' > Q- And Chief Arena had this to say:?l1/
Q: In your observation of Mr. Kennedy {the Senator!, did you
make note of any injuries or bruises?
A: No physical injuries.
" Q: To Markham?A: No, sir.
Q: To Mr. Gargan?A: No, sir. - _
In describing her activities Saturday morning at the cottage,Miss Newburgh said having slept in the sax: room with Mr GarganC= and several others who considered themselves marooned! :21]A: Mr. Gargan! was walking out the dmr when I got up at 8o'clock. I didn't talk to him. I just saw him for a few min-utes.: I saw him for five minutes when he picked me up in the"car, another ten minutes in the cottage ad I saw him later thsi
morning. .92Q: ...did you observe any injuries tlat he had received?V A: No. 'Q: was there mention by anyone that he had received injuries- anywhere in any manner at that time? A: No. - .
- V This anomaly could be defended on grmnds of the way it -hadseemed at the moment when the Senator was purportedly in .astate of shock. On the other hand, let m remember that Mr. Ken- "nedy said Mr. Gargan had managed to get h::1 §-way into the vehicleat one time, which Mr. Gargan later corrobaated in his own testi-mony. And let us remember, also, that thewindows of the car onthe passenger's side-were blown out", whirim means that Mr. Garganmight well have cut one of his arms on the underside, for instance,on a fragment of glass. Such a cut could lave been sufficient toproduce visible bleeding, but slight enoug} to have escaped notice jif covered by his shirt sleeve. Let us remember this bloodiness.31/ n>1<1., p. 72; gpj Ibid., p. 86; 21/ Ib1<1.,n- 98. _
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. i, , g 92DWU.-Y P p. 13! t - _This is, first, an extension of Anomaly B, preceding. . Next, if the reader wishes, to avoid being swept away by axong but artificially-generated current of sympathy, reviewing arjuries Nq. 6 and 7 is recommended. Here, the Seam! Seems 110 2 borrowirjg~"v 'S"y1pa"ChY Igenui-n~e-lay d-use Mrs.... liopechne ail Q5139, its a blind for his not having sought professional assistance, the xplanation he gave for not doing so in his response iootnoted 26, "8 otwit1s*anding In addition to several hczses betweenQ ! 1'1 A u. 4 I Q u he bridge and the ferry where assistance could have been summoned >r obtained, there is a Eire station unmanned, but uith a device , for registering alarm! with a red light that burns all night! only1 couple of hundred yards or so from the cook-o t mttge toward the junction-of the paved road with Dike Road._3.y for some reason, known orunknown, this was not brought out during the inquest, but it was known to the party. Miss Ann Lyons was one of a group that went for two walks along the road after the Senator and Mary Jo left and she said this about one of them: " ..we allied well pastthe fire station on this particular walk. L/I And, nst ironically, the Chief of thelvolunteer Fire Company lives almost right across the road, even nearer to the cottage, and he was ups that night.LThis was not mentioned in the inquest, either. ' The reader will recognize the remainder of this response aspart of the "sympathy current. iSee also footnote 26, page l8. ' '0
ANOMALYQ p.14! . »The sympathy "current is still the tneme of this portion ofthe yarn the main stream being shifted back to well known human limitations, physical fatigue from "diving" and the inability to ' l c laints with ahold his breath being the Senator s principa 0119- | reprise on hisown life becoming endangered. Those who have re- viewed Perjury No. 6, along with Anomaly M, are best prepared to withstand the onslaught and see the whole matter of the diving§'
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4' surrounded by a huge question mark.' ' now "As for the alleged swim, the channel at the ferry run is Vsometimes referred to in and around Edgartown as "Teddy.s credibil- Xit a ." It is narrow, yes, and the tidal current is reputed to
- Y 9 P -be particularly ferocious, 'and many Martha's Vimyardites have se- ' ' ' -' h the ma be. Messrs.rious doubts that he did it, good swmmer t oug 3' f1
Gargan and Markham are not of that ilk, wever, as we can see rom __their testiinonies._ Mr. Gargan first---§fDQ: ow, when you saw the Senator jump intothe channelthere, did you see him reach the other side?
A: I did not._ .Q: Weren't you concerned about his- s
'* 3/ Teddi Bare, p.. 65. ' 1*. 11/ The inquest, p. 108. .
g --':='-"*-;.-:" 66/ Tod 1. Ba.-=_, p, F5,__/ The In:;:e_s§_, p. ~36.1
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A:
have been with thedon't know if you know the breakwater off Hyannisport, but we -
usedito swim every
the ély thing the
sides skiing. The
the back injury is' ~ . -T411113":-LL-'<l -E-'_¬i~'~' ~_-_-~- _--1-1--"1 '_ _a:>-: _-' .._- ._~---
.,, -. _ _
No.Z/ .'§ 'h¬l" ,
abi1ity to make it? _ .No, not at all. The Senator can swim that five or six
times both ways. That may seem unusual, Mr. Dinis, except ISenator 30 years swimming and sailing and I
day arouD§ that, the breakwater, and it is
Senator has done since his back injury, be-
real form of exercise for the Senator since g
swimming. .
And now, Mr. Marhham-§/ ' .
. ' Q: were you concerned with the fact of whether or not the
Senator! would arrive safely on the other side?
A A: No, I wasn't. ,
Let us note that this confidence was not dampened by theirknowledge of Mr.'Kennedy's claimed! previous exhaustion, plus hishaving been clothed at least in a shirt and slacks, which would
have offered some impediment, not to mention sneakers that can getquite heavy when filled with water you can't keep it out, not eve;
with your hands!.
'No doubt thereare times, depending on varying factors, whenthat current is dangerously swift for a swimmer, even should he be
Senator Kennedy. Whether it was so at approximately 1:30 a.m.,which is within a few minutes of the time he alleges he made the
swim, is subject to question, however. You see, they have funnywater at Martha's Vineyard. It is funny in other ways than not be-
- ing able to hold it back with
- ing Arivonian Pnows there are
you want to be very nautical!
isn't enough at Edgartown; atyour hands. Now, even a selfrespect
high and low tides flood and ebb,if
at any place on the ocean. But that
times, at least, they have "double
floods" and "double ebbs". This anomaly contributes to surface
currents in that channel, which is considerably deeper than theone at Dike Bridge, being quite different from those, say, six or
seven.feet below thesurface. Since the body is essentially hori-
zontal when swimming, the surface currents are the ones the Senator
_ had to worry about.Coincidentally, at the same place where themap of Chappaquiddick Island was inspectedgy they have a book pub-
lished by the U.S.'Department of Commerce entitled C .1959, Atlantic Coast of North America, and it gives all kinds ofurrent Tables,
information about ocean currents, including at Edgartown. It shows
that at 0036 hours :36 a.m. EDST!, when Senator Kennedy shouldhave been in the water, the surface current was slack. This is
despite a high watertime of 3:49 a.m., BEST.! No wonder Jared
Grant, owner of the ferry and who was on duty the night of July18th-19th, and who remained at the Edgartown ferry slip until 1:20,said in his testimony: "It was a beautiful night, very calm. The
water was like glass. }Q/ The only way the subsurface current
?_/_TheI.r_1_q2§§1e,P 116Rene-nber ctcrr Kermedwszeagerjrelsponse? 1 Anomy " D, P. 27. 1 H Z dz Z4
2/ National Ocean Survey Administration, 30 Rockefeller Plaza, §en'lbrk City;
}Q/ The Insuest, p. 83.v-1'" W"
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Q
_ 92could have affected }¬.!~rould have been had he ¬Q>ed _=,~=-..l:-..i:1g 'and treaded water so that his feet might have reached thetidalcurrent. But treading water is just as fatiguing as swiiinqpand there was no mention of it, anyway. The classical swat .2tired swimmers resort to in order to rest is floating, wkidi theSenator did mention in his response footnoted l2,' page ll. v_ it _- But for all the c.ur.ren-ts sand» -t~id»es~ in othe affairs if senator '1Kennedy? the ineluctable question arises: was the swim gessary?
It was not .Mr. Grant, the ferry owner, had more to say.12-1 - l
Q: were you available for calls if someone wanted tie ferry -
_that night?A: I was. Year round, we are on call 24 hours a day.
Q: _And is there apublic telephone that you are aware of _
. also on Chappaqu iddick? -
- A: Yes.Q: When do you normally close down?A: Usually, we close down at 12:00 midnight!.
Q: And if someone
call?
A: My house.wanted you after 12, where would they
Q: If I am at Chappaquiddick and I want the ferry and youare not at the landing...If I use the telephone, where doesthis call get me, to your home? _ '
A: Yes...there is
posted.
;___, Now then ,
with the number
"private" phone
shall, the nextif that
plainly
call to
morning
It is the dutyand all information and testimony which is_ -and material to the question as to whether
_,gcaused or contributed
-a regular dial system and my nunher is
trio didn't know the telephone as there,marked, what view should we takeof the
Lin: $en=1tur'S dear Old friend, kke Mar-from Chappaguiddick? See Anomaly S.! '
out and receive any
relevant, pertinent A
criminal cmductof the Court to seek
to the death. . ."
Q
Y"Yes, Judge, thank
marks page 1!you. You told us that in your opening re
Ani so now perhaps we should ' ' revert to the skeptmsm about
the swim and see what we can see. _
Well, it is certain that the
ferry. And if he didnt swim....?
that did not find its way into theperhaps a little more than fifteen
sons aboard was sightedSenator did NOT cross on the
Well, still another reportinquest was that a motorboat
feet in length with three per-
in the Edgartown harbor about a half-hourlater than the alleged swim. It was approaching a moored sailboat
when, just afte havingbeen spotted, its lights and motor weresuddenly cut.}_?j This proves nothing, of course, not esen with an
%/ lbid. p. 83. '__/ Teddy: Bare, p. B2-33,
C~-.~.,._~._. M. ._.~._. <_.¢.. .- .- __i_»_,,._ f. .. , _ _ . - _ _ _ _ l . . _ _, _,: 5 _A-~- ~-_,..--_a ~ ~ - -_~;-.;..,,..q,~_-,. 1.,-.¢_;,,,,_,_._ 7, _..,.,,._.i_;,i1»_».;.;;-Ea -;.'.'..->e::.T -.<,r,w...s._l=,.,r-0.. .:_%.,,_._,, _-.,._. ,_,,_,__ __
other verifiable repgrgthat earlier that night¢1t>oat was stolen,"
but this is offered by some as the reason the Senator was seen at
the Shiretown Inn at 2:25 a.m. in dry clothing See Anomaly R!. _
What it is that imparts a lingering quality to these irrelev-
ancies is portions of the testimonies of the Lyons sisters,~Maryy-
ellen End Ann or Nance!. when asked about conversation with Messrs.Garganjand Harkham after their return to the cottage at about 2:00
a.m., Haryellen said:11/ - "
A: We, you know, when they arrived, we asked them, you know,
where they had been;what had happened. Oh, it was just, Oh,
don't even ask us, we have been looking for boats. It was con-
fused. -
Q: .That they had been looking for boats, they said that?
A: That was one of the things they said,...
And Nance replied thusly:1§/
Q: Did Mr. Markham or Mr. Gargan indicate why Mr. Kennedy de-
cided to swim when boats were available? Could he have meantthe ferry? -Auth.! ' -
A: They said that they had been looking for a boat and couldn't
find one.
_ : They, meaning Mr. Kennedy, Mr. Gargan and Mr. Markham?
: Mr. Gargan and Mr. Markham, I believe.
: Had been looking for a boat?
: Yes. '
: But not Mr. Kennedy? '
= : I don't--you know, they just said, you know, "We were look-
ing for a boat." '
Q: Was the purpose of the boat to assist the people at the
party to get across, did you know? '
A: No, I would assume that this was among the three involved.
Unfortunately the above especially the last response! calls
for more digging. We must ask why, and seek for the answer, such a
boat if found would not have been for the benefit of all? As it was,
ten persons five men and five women! slept very uncomfortably in -
two rather small rooms. ,But merely by reviewing, one answer may be
found for those willing to accept it in the Senator's well known hu-
manitarian proclivities. He was simply, but bravely, striving to
prevent further possible loss of life and/or serious injury. You
see, had a boat been found other than the ferry-at 1:30-2:00 a.m.?!_
and the Valiant returned for the remainder of the party, making sev-
eral trips if necessary, the question of Mary Jo's whereabouts would
certainly have arisen, as well as why just the Valiant? The truth,
could not have been long suppressed and.... well, the Senator toldus his fears in his response footnoted 25, page l8.}Z/%%/ The Inquest, p. 102; see also p. 103. i A _i A Z dillT%/ Ibid. p. 109- __/ The Senator evidently cared naught for the safety of Hessrs. Crimmins, Tret- '
ter and IeRosa. But perhaps none of these gentlemen were long and dear
friends of Lary Jo's. , .
-41-
C ,
C¢.._...-._..,___ , _-.1-..__.,-, - 92 _»_,._,,.._,,- ,.__ . . _ _ r r e ** e s *----<~ =»--->1 41...; -4 ~~- ~<-»A,1-_~_-_ ,i;__.~__-1%-_92.,.-_ _; .;».3.92:-,;->=;~._ _. _ - _ .._-.... ~~ _ -- ---. -» - 4.-., .. _ - - 7 A4'J-- --F» _._ _'?.'~,- --; .- ~>> .~. ~ . _ __ ' ' _ ~ ** : ~ -2117-.4;-Au 1 -...;...;~l-,-»_i>_-A _-at;-;_~ , I, st, ,_>}L_V_"_ 1 k1
nauomv R p.'1s! ' _ s '
The tourist was Russell E. Peachey, innkeeper of the:$hire¢town, whose testimony included the following. "
A:§! Describing a portion of the Inn! ...Theisecond-floor has ,three§units.plus-the deck ... Mr. Kennedy was on the second floornoccupiing space that entered off the deck area.02- Did you have occasion to see him sometime on the 19th?A: I just happened to be standing in front of the office...rand I heard footsteps coming across the deck. There were nolights up there, so I just thought I would wait to see who it 'might be, whether the person had any business being up there ornot; and the individual came down the steps, and as he the Sen-ator! touched the ground, he turned around the steps and I asked'if I could help him. ' '
~ Q: Did you recognize him?It wasn't until I spoke to him that I realized who it was.
There are no lights on the deck? -There is a light up there, but it seemed to me that some-one had switched it off. I can't really say whether that lightwas on or not. If it is, it is kind of a floodlight that is fo-cused down to the floor of the deck right near where the stepsenter up on the deck and it is purely to light the steps jst
slightly up there. -- Q: So what did this person say? - A: I asked if I could help him. Be said, "No." ... He said_ he had been awakened by a noise coming from a party next door.;' He went to look for his watch, he couldn't find it, and wonderedwhat time it was. -I turned and looked in the office.
Q: He was awakened? '
. A: Right.
Q: What did you do?' A:, I turned and looked in the office window at the clock and
.Itold'him it was 2:25.Q Q: What did this person do? '5 A: Thanked me, turned and went back to the quarters.
¢_ The reader is now requested to read ahead as far as footnote20 in the testimony, page 16. What can be more obvious than thatone of these two gentlemen demonstrated a disregard for the truth?At least, the compleat truth? Reverting to the preceding responseof the Senator's, there was no mention of anything but retainingfull consciousness prior to the confrontation with Mr. Peachey. Ifhe had not been awakened, as he claimed, what was his motive formaking the false statement? According to Mr. Peachey's account,is a furtiveness apparent here?!_ And if Mr. Peachey falsified,what could he possibly have expected to gain, or what could he haveattempted to conceal? It may help the reader to decide which ofthe two accounts to accept by reviewing some of the respective tes-timonies. iBy the way, with a throbbing headache does it seem more logi--cal to look for an aspirin than trying to find out what time it is?
-. .s
-.-as 5 --
- 4: MW", p9292
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ANOMALYS p. 16! ' '
, . Let us avail ourselves again of the testimony of Ralph Hewitt,
the ferry operator who was on duty Saturday morning, July 19, 1969.2
Mr. Bewitthad stated that he had taken Senator Kennedy and two in
other gentlemen one of whomhe rec0g_r1ized.._a.s. -Hr. -H-a-rkh'am!' 'Ed'Chap1-paguidd:?'_c1g.. Mr- Bern-a-nd'es asked further-§/ _
Q:_ And could you tell us where they went on Iihappaquiddick?
A: They didn't go very far. They stood around the point over "~
there.
Q: Well, how long were you in their company or in their- vicinity? Q .
A: Oh, I would say approximately 20 minutes or so.
Q: And how diu you measure this time to be 20 minutes?
A: Well, I figured that I madeatwo or three trips in between
the time I took them over and the time I took them back. A
Q: Do you know what they-were doing? ' _
, A: They appeared to be just milling around, waiting for some-=
thing or someone. A _
THE COURT: Did you see anyone use the telephone? -
THE WITNESS: N0, I-didn't. . ' _ _
Q: They were not in the telephone area? '
A: They were in the telephone area...within 50 feet of the
telephone. »
Q: Did you have a conversation with Hr. Bettencourt?
i A: Yes. _ .
Q: What did he tell you? ' »
A: He told me that the car that went off the Dike~Bridge had h
been identified as Mr. Kennedy's.
Q: And then did anyone relay that tn Mr. Kennedy?
A: Yes-or"not to Mr. Kennedy, but to Mr. Markham.
Q: And who did that?
A: I did. V W _
,0: ,What did you tell Mr. Markham?
A: » I asked him if he was aware of the accident and he said,
92: Yes, we just heard about it. -
_ Q: And after you relayed that informtion to them, what did
~ you do?
A: I had passengers on the ferry; I went back and went to
Bdgartown.
Q: Did they go back with you? .A: Yes. ' '
Bow long after you relayed that information?
Within a couple of minutes. _
' One must suppose, I suppose, that it took the information that
the car had been discovered and it was therefore generally known for
Senator Kennedy to "fully realize" what had happened. THEN he im-
mediately reported the matter to the oolice, as he said in his state
went a little later at the Police Station 9. 17!. In The Bridge at
Chappaguiddick p. 131!, we are given a slightly different, but more
;l§/ The Incuest, p. A81, Z Z 7
4
y
__j_Q _ _ _ _ ___
,, _ ____l.._..__-.l_-_._;._._ ..e.eee.<i....... _..-.. ..l_._..l__ __ _, ,___ __,,_ » -___,- ._._.~.__._._.,..-_.. s_r~-- ~...._~ ~»~92a~~ A-es a-.-A -:.~e + ~ . a ~ ea ~--~ -
3
X- U s 6
~;cc::p'lcat and deftly recounted version of this e:-zcursion.
' The Mr. Bettencourt referred to is presented as a well known
personality in the environs of Edgartown and the recognized author-ity on the tides at Poucha Pond. It was he who predicted that it -3
would be slack that day at approximately 11:30 a.m_. , and this it ¢
was.! gr. Bettencourt had heard the news, also. and bade -over
in his tar on the f,err.y--. -He r-ec"og'n i2ed' the senator and walked over
to the fhreesome and informed Mr. Kennedy'of the fact and even of-
fered him a lift to the bridge. It was declined, -however, the rea-
son given to nr. Bettencourt being that he the Senator! was return-="
ing to Edgartown. _ =
But return immediately, he did not. Mr. Hewitt did not'hear
this brief exchange of words, and after.the mentioned two or three
trips he decided Senator Kennedy must still be ignorant of the tra-
gedy and approached them. Mr. Kennedy, one would surmise, was not
anxious to engage in conversation with Mr. Hewitt, as he Ianaged to
keep a little distance between them and he seemed to be gaining.
Not easily daunted, however, Mr. Hewitt called out and asked if he_
had heard about the accident, but the people's White Knight had taken
refuge among some cars that were parked in the area. At this point,
former United States Attorney Paul Markham, in a flash of a flanking
movement, leaped into the breach with his line, "Yes, we pst heart.
about it." Mr. Hewitt was forced to retreat to the ferryboat at this
and made preparations for the return trip. The Senator wa quickly
persuaded to come out of seclusion and they all went back to Bdgar-
town on the very next trip. Upon arrival, Mr. Kennedy literallyleaped ashore and was so determined to get to the Police Station with
an absolute minimum of dribbling of the -sands of time that he nearly
knocked someone over who innocently, if carelessly, found himself in
his path. See photo, p. 11B, '1:i_me_, Aug. l, 1969.!
mommy '1 p. 11! j
' Someone connected with the inquest must have had reason to be
curious about telephone calls the Senator might have made because a
summons was issued to the New England Telephone and Telegraph Com-
pany, which was responded to by their general accounting supervisor,
A. Robert Malloy, who followed Senator Kennedy on the witness stand.
Mr. Malloy was accompanied by Charles R. =.Parrott, Esq., attorney in
behalf of the Telephone Company. _
Even Judge Boyle had a little difficulty with some of. Mr; Mal-
loy's responses that concerned the Telephone Company's billing system.
After shaking out the ashes, telephone subscribers can have any num-
ber of billing account numbers they wish if they can afford -it! all
over.the country. Moreover, any number of credit cards can be is-
sued, authorized by the subscriber, of course, making telephone calls
chargeable by holders of these cards to'that specific number. Mr} g
Kennedy has such a credit card and he has several billing account
numbers, as well. Mr. -Malloy said he had been able to investigate -
three of Mr. Kennedy's! accounts, one in Boston, one in iiashington
and one in Virginia. He brought with him only the originalgrecordsor Bosto ' ' e'
. Wf n, however, and it was understood that this number was in
.. 44 ..
-- ""'*"""71".-.-_; -4- -. _- -.-_'...e....=}=_--_~-.-_~i»_i_~ "_<*4Vt¬>:,'Jlf4 __. __,, __,,_ ¢. . =____.,___ , ,,_ ._ F ,_ ._ . . - , ,~ _... _..___.,__..,_.__a. _-_-__._ _ _ _» N -1 _ r-Z4 V ..ri' J . .,Y" L" In- ;_:lTj¥::-fijliii;1;:"'T:'=: '_'T2_:T,?.f5?I_§fi"ZT1f*T::A f;_ _' . -.-. ______f__Hj-"-~=-
. _ - _
person s! made the filjiii; two calls on that dateggho made the: :.::.'y
b uni" ortant or why, as well as who made the 6:30 p.m. call. e . ...p - , .~~-p¢_i~¢i_--_.»-1_-~--as - -- _ ->_- _-_-=-"=5-_..:,-__._:,-,-v,___.,.;-.-nus.-..e._.:-.':,.-_-=-~_?,-=_.,§,:,'.:'.§;;;;_;,;._-1-.,;;;;j;;g;;...--;:=;+._.-':-.:;:.=;::;;g:e=_=j.::._..__.-:r-=
.
.cease. _It also seems reasonable to infer that there had been a umber
and that Mr. Malloy had a fair stack of those o.per»a-ta: s call cards; ontherw-i-s-e--,~ why "s'h'ou'ld' there have been a capil-
a sheet of paper? And only four, selected at random 1?!,received notice and comment? Mr. Kennedy did quite a bit of tele-
' 1 ter that Saturday morning, and so did I-Ir. I-Sarkham, accord- phoning a _,ing to Jack Olsen.}§/ This was from the Police Station. In fact,-
'- did Irequesting to use a telephone was the first thing the Senatorupon hisarrival, and Mr. Olsen tells us further that the then fu-
. ture Senate "whip" was so nervous'during a part of this time that he" required assistance in dialing. Moreover, a number of these calls
both by Mr. Kennedy and Mr. Markham! were to points in several
h t t s It seems reasonable, also, that the twenty-four- ot er s a e .minute call begun at 10557 was made by the Senator to Mr. and Hrs.
' ed et--Kopechne. Some of the other frantic calls no doubt concern g-ting Mary 7',Io's body off the island as quickly as possible, but let
Zad Rus 9 tell you about that. -
And did anyone overlook Mr. Parrott's phrase that Hr. Hell".had just about all" of thecards with him? Can there be any other
1 "on but that both Mr Malloy and Mr. Parrott were concealing conc usi . _
o t h e r calls of which both had knowledge? His Honor overlooked
f ll d the last -it. Consider the brief colloquy that immediately o owe
response: - ~
. THE
MR.
- ing itof cal ls
orig in
a-tion oi-
E.
COURT: Do you want to offer this as an exhibit?' ' off -DINIS: Well, your Honor, I don t see any harm in er
for the record.THE OURT It doesn't at the moment tell me anything. C : DINIS No, it doesn't, and it may not, but we will MR. :
make it part of the record.
-' THE COURT: Exhibit N0. 4, I believe.fs.
One reason the records didn't tell his Honor anything at that
_ moment or _at any later moment may have been that no rurther qms-- ' t f the Senator norfof yanyyof the several wit-j, 0i=_.~.-_-rt.
tions were asked, no 0 L _nesses who followed. Such questions might have been for exmple:
illeble to his account, Who besides the Senator held credit cards b
in Boston and/or elsewhere?. Who made any of the numerous calls, to
whom, and why? »
More important, his Honor displayed no
calls that might have been charged to eitheror the one in Virginia. We may deduce, then, that the "someone"
who was curious about telephone calls emanating from 2-1artha's Vine-
yard on those two days that were directly connected with Senator,
K nned was not the Honorable James A. Bovle. Edward e y - _But there was other interest; active interest. And some of._ h. f ,the other active interest was outside the judiciary mac inery ointerest whatever in
his Washington account
'53/*'fri<= Br-idfee _¢5n'a;':v§i.v,}{i<Zi¬1i9ZT. p. 138, 139.
2/ 'reda-reaze, p. 35-39. .
-46<~' <6
C.
C._ ..~_-__,._._._ee _______ . _, _ . _»»_ - __._ r . . .,__.,_;._ . ___ . . __ ___ ___. _____,_____,___;_. _» _1 ____._. _ __ . .=:_ .__. .;__.~-_.___ ..-
~ -<_.._._._.. _........____.._._-'.,_._.._-.e .7 ~_ ~._,.. ~ A, __. _ _.,. .1. § _..._..___~ V,-A;._ W _~-~-~_l~92A>i~~' ' " _ l__
the Southern Districtg Massachusetts. One mcggterested perso_n
was Ralph Clifford, editor-publisher of the §s'York Graphic, a
small newspaper published in New York City. am. Clifford made up
in personal courage for the limited circulatin of his struggling
periodical when he came out with an extra'-dtion on October 6 -31969, ¢ rrying the following headlines: - 12 mmEnY moms carts ' ""
DE'I'AIL_ BY N.Y. GRAPHIC. In the feature say, it-was revealed
that a otal of l? -c-a~l~l-s were made that weredmarged to Senator Ken-
n-edy"'§fi ashin ton, D.C. office, although on1g12 were being de e
tailed. Yes, they all emanated from the arsaof Edgartown, Several ~.
of them from the Shiretown Inn -" l7!'627-I283 and a few from-
guess what? --the COOKOUI COTTAGE! ~
Yes, dear reader, according to that faure story in the New
, there was a telephone 1n the <mkout cottage -- 17! York Graphic ' ' _
"627-4020. A typesetter's error listed it as52'7-4020. Mr. Malloy
explained in his testimony that the digits 621_indicated the Edgar-
town area.! Slightly abridged, the Graphic Etailed the 12 calls "
as follows, the first three having been from the cottage:
First Call _
The first call we were able to pinpointwas made at- ll:5'7
p.m., Friday, July 18, to 12! 935-8790 in New York City, an "
unlisted number, which is registered in ti name of Theodor»
Sorenson,§Q/ who was a special assistant in President John F.
Kennedy. ,The duration of the call was twnminutes.
Second Call
The frightened callers placed the secoud call at 12:04 a.m.,
- Saturday, July 19, to Hyannisport, Mass.,'tn 17! 775-4732.
-This is an unlisted number at 165 Greenwozi, H;'.:nnisport, a
house once used by the Kennedy family and presently utilized
by them as an-orfice facility. The call hsted six minutes.
Third Call
_. Eight minutes later, another urgent ca.was placed to the
same number in Hyannisport and the conversnion consumed 18
minutes.
.It is assumed that after this last callfrom the cottage
that the midnight callers "borrowed" a baa ride, or "swam",
- as the Senator claims he did, to Edgartowa An odd coinci-
dence, reported by the Manchester N.H.! Rdon Leader's inves-
tigative reporter, Arthur E. Egan, Jr., isthat a power boat
was reported "stolen" that night. It waszecovered less than
200 yards from the Shiretown Inn, where-Hm Senator was reg-
istered. =
Fourth Call . K
There were no further calls made until 2:54 a.m., when the
apprehensive callers dialed 02! 233-9609. This is the Wash-
ington, D.C. office of Marshall & Hamilton, at 1825 K St.,
NJ7. It is believed that this four-minute call was made to
contact Burke Marshall, Senator I<ennedy'sshington attorney.
Marshall is a former Assistant U.S. Attorzny General. _:29/211516., p. h3,!p:§evious1y!c1zea.! 2 if -2
-41.- 9292°
0 -M-~»_->~'~_*~f < * " I-4 .4,»~'u|92$> "~*"" " ~ ' __1 _ ,____, _4__ .__-~4l.._._ ....i _- --~~~"' ~ _ ' _ _- ~ _ 1- _ 1 ' _ _ .>_..'_';I '- ». M: _ ' » ' V __,, ~ -a-» -' -<>~-"~* ";"' " "' M .. _ 92 $. . * . ~ - -:-;~1~:- ~ - ~ " ~ ~-. ...,» , _0- ~ I 4
Fifth Call ' 'At 5:04 a.m., the Marshalli Hamilton office was called againand the conversation period was three minutes.
Sixth Call » . - ~ 1' A 5:54 a.m., which indicates the nervous-callers were awakethrqghout the night, a ca1l¢was placed to 02! 393-3111, thetel hone number of Kennedy's brother-in1aw, Stephen Smith, in.Was 'ngton. This significant call consumed 27 minutes. *
Seventh Call 2 D *At{5:28 a.m., the dismayed callers at the Shiretown Inn teleLphoned Theodore Sorenson again and spoke for 21 minutes, a pos-<: Mr. Sorenson was quoted in the establishment's controlledpress on August 25 as having denied that telephone calls were-made in the early hours of July l9, after the incident. _Mr. Sor-enson stated, "No telephone calls were made that night, and sinceI was supposedly the recipient to two of them, I'm in the posi- tion to know."
Such existing knowledge of long-distance calls are placed toMr. Sorenson obviously proves the inaccuracy of his statement. The preceding sentence is verbatim from the story. Its awkwardstructure indicates another typesetter's error, or some suchsimilarity.-Auth;! ' - '
Eighth Call _ At $:ue a.m., again in the early hours of July 19, the anxinscallers again dialed 12! 935-8790, Mr. Sorenson's private nu-3"Tber, and the length of this conversation was seven minutes.
_ The next call, placed at 6:56 a.m., lasting one minute only,' was the third call made to 02! 223-9600, the Washington, D.C.number for Burke Marshall. Evidently, Mr. Marshall was stillunavailable, or perhaps uncooperative.Ninth Call .
Tenth Call r_ At 7:19 a.m., a fourth call was placed to Burke Marshall.* The length of the call was two minutes;
Eleventh Call . "' Nearly an hour 1ater,at 8:14 a.m§, Theodore Sorenson wascalled for what was evidently the fourth time. The conversationwhich took place this call lasted 42 minutes, the longest callof the night. ~
Twelfth Call _ fBrotherin1aw Stephen Smith was again called for the sec-ond time at 9:01 a.m. This call consumed ll minutes.~
Tb be sure, a couple of anomalies appear ~in this detailingbesides the digital error in the cottage telephone number. Thecareful observer may already have noticed that the sixth and sev-
.. 43 -sible indication that the Kennedy advisor had been surely reached.
on
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calls
calls
-_ those
-calls
to Mr.nighttime automatic switchingalleged to have been made-four of them. -" Who accepted those
at a business office at those hours? Or is there one 1
devices that relays inoming
to another number?! And then -there was the acknowledgd call;
Smith and the two the Graphic claims were made
ppose we take this 9:01 call and. d.ev_e-l-op» it from the stand-point '
made soall vi s _i_b_l.e ram-i~f-i-c'a"ti6ns . The Senator admitted having _
_ ' call after eight o'clock to Mr. Smith to find out knrke _
Marshal 's telephone number after having made four earlier ones]
from the public telephone at the Shiretown Inn. Did this require
eleven minutes? Assuming complete error on the part of the Graphic
for the sake of argument for the moment, did the Senator never hear
of calling Directory Assistance formerly "Information"! to obtaintelephone numbers in distant cities? It's easy. You dial: area
v?-7058! 555-1212. Instructions are usually in every public telephone
booth or on the telephone instrument. This ca1l_ matches with the
Graphic. At 9:12, Messrs. Kennedy, Gargan and Markham sprintd to
the ferry slip just down the street, and arrived there probably by_
9:15, where the ferry was luckily waiting. This is close enough to
ferry operator Ralph Hewitts estimate of in the vicinity of 9:00
o'clock" as the time" the triumvirate came aboard. - Would angzne
like to guess why both Messrs. Gargan and Markham were necessary as
traveling companions to make a phone call?! the ferry run is m
more than 200 yards across, and even if the current was swift on
* that crossing we could expect an arrival and -debarking at Chappa
.quiddick of no later than 9:20-9:25. Now we add the "-Z0 minutes or
80" Hr. Hewitt says they were
over there and we get 9:45 as
bonnd._ This would allow timeCstation, as he guessed,- "some
near the ferry slip.just milling around on the point
the latest for casting off, Edgartnwn-
for the Senator to reach the Police
time before 10:00. It is also very
But we have to go back to Chappaquiddick and we have tnreview
. a little in past testimony now. At the opening of the Afternoon Ses-
sion, Mr. Kennedy said he had made a phone call from Chappaguiddick
with-the ."intention of reaching Mr.
not reached him. Now let'.s go back
p. 43! and recall the Court "asking
,the telephone. No, I didn't", was
t "within 50 feet of the telephone.Burke Marshall", but that he hai
to the discussion of -Anmly S
Mr. Hewitt if he saw anyone use
the reply, although they were
The defense against this is so
simple that the Senator's chief counsel at the inquest, Edward B.
Hanify, Esq., would doubtless delegate it to a junior associate:
Senator Kennedy had not been under constant surveillance by llr. Bew-
itt during this period and the call had been made, or attempted,
during one of the several runs back to Edgartown that had been ack-
nowledged and when Mr. Hewitt obviously could not have observed it.
fFAh, so. olo contendere. But did this take 20 minutes?
Now we must reach ahead for bits of the testimony of lessrs. .Gargan and Markham regarding this -signal event. With Mr. Gargan onthe stand, Mr. Dinis asked.__3/
Q: ow, did you have any conversation withthe Senator all
Hr. Markham on the Chappaguiddick landing that morning?
_ A A: No, not to_ any great degree. The Senator did all the talk-g_;/ir=>m;,s."s1.i i is- -3
I-¢>~--~-----.. /~, "'-4-~'$_*:>h.," "--~.~_-1'._'.!4B~¢_ _ .s__-...- -_.4;..a,.'_~_,.,,. .,___,. . ,.___;..,._ .» ~_-l- ~i._~.~-. --;_._...- -,_ - 92 -
* .
"the Senator'so .1-. QC . Q.
92name, a@e. l~1r.'Din1s askedlij.3
.
I
l
Q: Now, with regard to your records, dn'they show any calls
emanating from Chappaquiddick or Bdgartcll? _;
A:~ Yes,Q:4 will you produce the records that dbw those specific , "
calls*emanating from EdgartQwn,.or e¬happa§dick for those par-they do, sir. -
ticul r dates, duly 18th and July_l9th?
= MR. PARROTT: If I may address the 0!urt.at this point,
your Honor, there is some primary evEnce...or basic cards
that are made by the telephone operaur_at the time the call
1S placed. Mr. Malloy has just aboutall of these with him
as to calls originating in the New Emdand area... To assist
C
to July 19th. _ ,. Q:
madethe Court, he has made a compilation which I think would be
helpful..in their chronological time aquence from July 18th
Would you explain this sheet showing the calls that were
as to what times of the day they werelmde?
, A: Yes, sir. Like this first one- Onthe 18th, was made at-
l0:08 a.m. and it lasted for one minute and 20 seconds. That was
a call from
Q: That
that day?
That
. This
A: That' A:
Q-Edgartown...to Arlington, Virginia.
this another call.--Auth.! was made at' .
is right.
at 6:39 p.m.?
evening, yes, sir. i
On the 19th, the first_one was 10:5? a.m.!.
-_.
CQ: And that call lasted 23 minutes?
A: Twonty~three minutes and 54 seconds, sir.
THE COURT: I ask this question now. You do
the person initiating +hs 0311 id f hi12:30 p.:
not require
t _ to enti y ._mself?
T2-H3 WITNESS: No, sir. » ,
THE COURT: In other words, anyone can use my credit card
if they know the number?
. _THE WITNESS: Yes, sir.
_' For so brief an interrogration even without a small amount
_cf judicious editing, in the author's opinion!, the foregoing is
yfairly burgeoning with anomalies. First, let us note that although
the records could pinpoint calls emanating from either Chappaquid
dick or Edgartown, the initiating point, E&artown! of only the
first E511 was mentioned, along with the distant point. And it is
most noteworthy that not only do those opermmu"s original call
cards indicate the originating city or area,with the distant point
they show the precise number of the telephone instrument from which
the call was made, along with the distant tumber called. What this
means, simply, is that the pinpointing with respect to location can
be very exact. It is recommended.that this he remembered, as it
will assume greater significance a little later on.
Next, since the Senator did not arrive in Bdgartown until ap-
proximately one o'clock Friday afternoon, the 18th, we may safely
infer that at least one other member of the party Wh0 Errive ear-
lier was a credit card holder for his Bostonrnmmr and that that
11/ nee. p. 13.as.
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enth calls are in reverse order. Neither of !&;e 15 hardly "worthmentioning, they are so minor, but Kennedy-calgzrs are certain topounce on the overlapping of times between the goperly placed sev-enth call :54 to 6:21! and the eighth call, tic!: began at 6:04and end at 6:11. The obvious question gener_;ed..by thi-s irTf'ormation i how Mr. Kennedy, or a_ny.on-e- -else", couldiave made thateighth _ All when -he was stil1- carrying on the zmth and did nothang u until ten minutes after the eighth callwas supposed tohave te inated? That looks like a real stickk and no claim is '9made here for the absolute answer, but two regnable conjectures ;can be offered. The firs_t is that the eighth all was made by an-other party than the one engaged in the seventh Who this mighthave been is an open question. Is it possible that one of theother five men went back to Bdgartown with the nator, theirs andother testimony notwithstanding? Perjury was wxonplace duringthat inquest.! It is doubtful. The one remainfng, visible candi-date is Joseph Kennedy III, the Senator's teen-aged ne hew. Young"Joe certainly was in Edgartown that night, Jack Olsenj tells us,which appears to be supported by the District &inrney's interest,when questioning Mr. Kennedy, in whether Joe Illhad also stayed atthe Shiretown Inn. Not to my knowledge", was ue reply.?l _,The alternate possibility seems at the mmlint to be the moreplausible. That is, that the 5:54 call to Mr. bith did not last27 minutes, but only seven." And it would also seen that the error"in the length of the call occurred before it 'r£ied the Graphic.
Pursuing this avenue, let us note that tlzeighth call was toMr. Sorenson who later defended the trip to Chagpaguiddick to makea telephone call! and it is doubtful that anyom but the Senatorwould have conversed with that gentleman for semi minutes. Couldit_ have been advantageous to have both parties a the line simul-taneously? Perhaps, but th1S would have required two separate andvirtually adjacent telephone instruments, unlessa conference 'call was arranged, which is most unlikely. An Kormational squibabridged from the detailing of the sixth call, iaove, seems to fitwel1'enough with the deductive speculation thatthe error _was,- inthe length of the call." It was: Throughout -lepast decade, Mr.Smith publicly has been referred to as an erred boy for the Ken-nedy "br-others. How does one justify conversing at six o'clock ona Saturday morning even this one! for 27 minutes with his errand 'boy? And it was hardly a family chat.
Whatever the explanation for these detailisg anomalies, er--rors of greater magnitude and consequence have been committed inpublications "of greater magnitude. And if the Residential Hopeful "Happiness is Kennedy in '72"-or at least in '76! was so nervousat the Police Station as to require assistance is dialing, may wenot assume some understandable trepidation on the part of those in-volved in making this information public and been so affected by it?Let it be remembered that the date of this issueozf the Graphic wasalmost exactly three months prior to the beginning of they inquest,and let us note the things that do line up propaly, such as the ad-mitted desire and attempt to call Burke Marshalland the actual
gizlj B;-idre ;1t_,Cha1coapuiddick; section, *:1'heifEdgartoi'rx1 kthaf Z .__/ 'I"F1e In:r.:e st, p. 3. '
/*7: *_3"7i,' 1, ¢ -1»!-.t7.gf;, '4._.:L92o:->-5 k"L*:~' , . in ,. ,- _ =- -L1: ' ' -*'-<--W ~*':*1>5'= 5 "" "" .""Lf'*".i'l'-Y2: 3 -A Mt.g____ _.___ _- _:*-:§~rsd-=+;_'+ .i V i».-I.-» _~ * g , 3- L-. 5-._l___'-_ _ »_;J_<:;__-:. > _ 4 . -_ -- 7'.» ~~,1' 1>A'~.~~7--V 0 an ~77 "ai ' G! .2-
ing and that was basically on the phone. hfter he finished. Ithink it was I that suggested that Paul go Iith him to the Po-lice Station; that I would go to the cottage, tell the girls what had happened and take them to the Iatama. -Q
. 1 '0ad. Mafiiham obliged with. this versi<I:Lh/ i "
-3' A: The Senator wanted to know where he oald call. He saidhe didn't want to use that phone at the hot there. He wantedsome degree of privacy and there were going to be people around.So, Joe told him that there was a telephonem the Chappaguiddickg side. - iQ: And so you went with him to the ferry and crossed to Chap-
paguiddick? ' A-: Right. ~ - r
Q: And what happened there?
~ He called Dave Burke.
He called Dave Burke?
Right.
Didhe speak with him, do you know?
Yes. . '
And do you know whether or not he called Mr. Marshall?No, I don't think he called Mr. Marshall. He only calledMr. Burke and asked Mr. Burke to try to get ahold of Mr. Marshall_and he wanted to talk to him and just to stand by. The place wasi going to be flooded with calls pretty soon aid to get down to the- office and to notify Burke Marshall. .__ A~ " Q: Then what did he"do? ' 'O ,_ A: Then he concluded the telephone conversation. I said, Doyo". want me to go to tne lO.L1C¬ Station with you? He said,_ Yes." He said, Joe, you had better go tell the others what .happened. " ~
-' Isn't it interesting that none of these three mentioned thebrief confrontations with Messrs. Bettencourt am Hewitt? The first,in particular, having been omitted, why was it anticipated that the-place was going to be flooded with calls pretty soon"? And if thename, Dave Burke, is new to the reader, Mr. Burke is an administra- -tive assistant to Mr. Kennedy, and it may be noteworthy that at nopoint in his testimony did the Senator, mention k. Burke." Should we ask why it took some twenty minutes to make a phonecall, the time Mr. Hewitt estimated they were there? Ittdid nottake that long. Let's remember that they appear to be just mill-ing around, waiting for something or someone. Could that some-thing have been an incoming phone call? --perhaps from the muchsought Mr. Marshall, resulting from the 9:01 call to brotherin-lawStephen Smith? That-would certainly establish we previous knowl-edge not only of the existence of the telephone onthe Chappaguiddick side, but the number that might have been givento Mr. Smith for relay to Mr. Marshall remember the "swim" and thelooking for boats" matter?!. __2_h_/ Ibidn, P0 b79118. D __
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So, may we surmise that perhaps the original intention 115;»-ing to Chappaquiddick was to receive and not to make a phone calland that, if one was indeed made, it was after Mr. Bettencourt un-lightened the Senator regarding the discovery at Dike Bridge? In -this veinrqceznernber that the ferry made two or three round trip tbefore r. Hewitt catalyzed them, into re-t-u-rn"i'n'g.' w we §1ashbac-k- to r. Halley, as he explained the inform-tion o the sheet concerning just about all of the calls thatemanat from the Edgartown area that were billed to the Senator: <1Boston account: On the 19th, the first one was 10:57. Clfhatz '
approximately approximately an hour and a half after the time of thalleged call from Chappaquiddick and almost two hours after the 1from the Shiretown Inn 9:01! "to-get Mr. Marshall's number. Idwe recall that, although he had examined the records of Mr. Kenne-dy's Washington and Virginia billing accounts as well, he hadbrought only those records of calls charged to his Boston number-Or would you prefer to believe that both the call from the Shiretonand the one from Chappaquiddick a half hour later ?! were paid forin nickels, dimes and quarters? Let this be perfectly clear be-fore leaving this discussion: Both Messrs. Malloy and Parrott mhonorable men--so. are they all, all honorable men and women! .! i
Now another flashback--to the discussion of Anomaly R p. £22.Do you still believe the senator didn't know what time it was, thathe couldn't find his watch, dressed and went out looking for a cloutor someone with a watch? Or would you rather believe he was lookiqfor a telephone? The Shiretown evidently does not have telephlin each room, or the switchboard was understandably closed at tinthour; else, why should the 9:01 call have been from a public phmWould the Senator want to'admit this to Mr. Peachey, whom he nei- 11'ther expected nor wanted to meet? After Mr. Kennedy returned tohis room with the knowledge of the time!, did he wait a half-ht-.2.for Mr. Peachey to leave for the night, then go back down to thede-
serted lobby and make the 2:54 a.m. call in an attempt to reach hisdear old friend, Burke Marshall? bid he then return to his rocafor _a couple of hours, where he "almost tossed and turned" and pacedthe room wondering what to do about the accident and grieving forthe loss of a devoted friend?
' Whatever the answers to these questions, do you have a better
-understanding of why the Senator said footnoted l9, p. 15! thatienever really went to bed that night?"
By the way, if his watch wasn't waterproof, it wouldn't havedone much good if he had found it. Or did he forget it early inthe evening as he left for the cook-out? Or would it have been rundown by that time, in any event? ,
ANOMALY U P. 18! ' .' _
_ This is one of several anomalies that must be shared with gSenator Kennedy, Judge Boyle being one, the extent or degree being Varbitrary. It refers, of course, to Hr. Dinis's having just askedMr. Kennedy if he had, indeed, done what he claimed in his state-ment with regard to notifying the police. He was at the very sword-
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of having to £5 obvious perjury when higgnor intervened,"
did on several other occasions. V - '
What is more apparent than that the Senator_i_n;d_ fully real-
what had happened, even, for the sake of argument, accepting .:point
as he
ized"his questionable account of events? One_ of the duienses was an nf-Q
fidavi from Robert D. -Watt, 'M.D., with offices attape Cod Medical
Center, Hyannis. Dr. Watt Stated that he -had "visfed and examined
Hr. gen edy on J-u-l-y 19', I9'6'§ obviously, the afternoon! and diag-nosed oncussion, contusions and abrasions of thescalp, acute cer-
vical strain." He said further, "The diagnosis oconcussion was """
predicated upon the foregoing objective evidence at injury and the
history of the temporary loss of consciousness and retrograde amne-sia. Impairment of judgment and confused behavix are symptoms '§§7SiSel'1t with an injury of'the character sustaii-ed by the patient.itlt is most apparent that Dr. Watt did not question the history
as was given. . g
_ Another conceivable defense is to draw a rad: parallel with
certain boxers, for example, who have been known in fight several
rounds they were subsequently unable to recall. 3 such instances-
ind: gidoubt thereari ortihersdnotdlialnited todboxiq--thetseemiggly n e igent actions o t e in ivi ua s were ue large gy o con i-
tioned reflex. They were engaged in activities z which they hat;
undergone intensive training as to courses of action under varying
circumstances. In other cases, actions for which there was subse-
quent amnesia may have been due to extensive repetition, which is
merely another form of conditioned reflex. But suzh was not the
base here in either instance. Consider, for exa.m;:?.e, that ration-
ality was required to go to the cottagefor assistance, having rec-ognized his own limitations. And let us recall agortion of his
dramatic response, footnoted 17 on page l3, where he said, A lot
of different thoughts came into my mind at that tie about now 1
was going to really to be able to call Mrs. Kope@e at some time
in the middle of the night to tell her that her kghter was dead.."
Is this not full realization? Does it indicate tonfused behavior
when- he said! he instructed Messrs. Gargan and Makham ."to take
care of the girls"- and -that -he -would "take care of the accident
just before plunging into the channel at the ferry slip ?!? Had V
he been in a state of shock, -with impaired judgmx, would these '
two gentlemen not have noticed it immediately, sud: as when hegave "suggestions" to them in their diving attempts a full hour pre-
viously at the outset of the resumed attempted rescue operation?
[See response footnoted l5, page l3.! And they ha! no qualms what-
ever about his ability to swim the channel. 4
In Edgartown, Mr. Peachey saw nothing unusual in his bearing
or manner: it was what he was doing, not how ?!, that had aroused
Ihis curiosity. Ne: ther was there any suspicion of drunkenness.
As if the preceding were not enough, there as his behavior
following daylight--those he met and talked with before the trip "
to Chappaquiddick p. 15, following the response iooig oted 19!.Once again, Jack Olsen recounts in his finest style?.7 the casual,
leisurely manner in which the Senator went about -these early morn-
ing chance happenings. That, of course, was necessarily only hear-25/**11:eI.n<mé:=t»,j5;u 90,91-7 7 i W4 if 7 i i if 7-if 7 i
Z6] jug sndgeggatgmaniaqqiaaict, section, "The !£orning Bis. .
_ Yes, sir. _ Q.__.~__i I ._;;"'1__;;'i"':";::_A _1 5*, ',-:1, _- -: :,.~.:,=__ _~,~-»,_-~;.l ,,-:,,>,--,-.-as -.~,-_,-.,< =5~,~f;=,;-'¥,=;;T,}g{¬ ,.~,,='~~:,,-,g,-,,,,~*,,,,,.,¢,,,.92 » I ,_- ,. ~-
say, but we can find sufficient evidence for credglity from two
sources in testimony given at the inquest. The first of these was ~
- from Mr. Ross Richards, one of the Senator's yachting caries, who_
also, by chance, had a room practically adjacent to Mr. lemedys "_ at the hiretown. 14:. Fernandes asked nr. Richards:ZZ/ ~ 4:»
Now, did you hav-eocc-a's"io'n to see the Senator or R. Ken-- Q"at approximately 7:30 on the 19th? ' . - _ a
A: . .' Q: wama you tell us where you saw him? ~ 5*
A: ,1 was entering from Water Street, taking a left into the-
cottag'e at Shiretown and he was walking in a westerly direction
.1 towards me and I was walking in an easterly direction.
Q:- And did you have a conversation with him at that time?
A: At that time we said, Good morning, and he turmd and I
'kept walking, nodded and said, Good morning, and he turned and
walked with me.
Q: What was the conversation at this time? _
A: It was about the prior race the day before, 1 lappened to
win the race and he congratulated me on it and we discussed that
back and forth for maybe ten or fifteen minutes.
Q: So you walked and discussed this matter and thenyou went
up to the porch or deck which is adjoining both rooms ad you a1-"
so discussed this? ' - ' '
A: Right. ~ '
Q: How long were you in his company all told?
~ . A: It was until 8:00 o'clock.
,_ Q: So, would it be safe to say approximately half an hour? _
7 A: Half an hour. "G - And within this time you had conversation with lain?
» Yes. -
. About the races and anything else?
And the weather. It was a nice day. V
Was there any discussion about Chappaquiddick Island?
There wasn't a word mentioned of Chappaquiddick.
Were you joined by anyone? V ' '
Stanley Moore followed behind us and he was sittiq on the
porch with us. ' . ~
Q: And he, too, shared in this conversation?
A: Yes, sir.
Q: Nowmhat observations, if any, _did you make of the Senator
at this time as to any injuries, his appearance or attitude?
A: I didnt notice anything out of the ordinary.
~ Q: You noticed nothing out of the ordinary in his speech? --
A: In his speech, no. -
Q: In appearance? . .
A: In appearance, no. _ _
Q: Now, did anyone else join or come onto the deck during
that time? -
A: My wife came out around 7:50. She heard us talking out
there and we were about to go to breakfast, so she cm out and
_ sat for "five or ten minutes. . .
31/ Thellnnuest, pp, 35,39, 7
. " _ g!
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Q: a Did anyone else come? » 3 a
A: No, sir. . . . ' '
Q: were you ever joined or see Mr. narkhan or Ir. Gargan that
morningia ' _ - _ - "Q;
A:_ Mr. Markham, Mr. Gargan-- I remember the hell -at -8100'
o'c ' ck. It rang and we -asked the Senator if he would like to l.
have -hrea-k'f"a's"t with us and he said, no, he wou1dnt, but he may
join us later, and at that time Mr. Markham and Hr. Gargan-- ~
Q: May I stop you? -- You said the Senator discussed the pos--"~
sibility of joining you at breakfast -_laten? é ,
Later. - _ _ f
And then you say Mr. Markham and Mr. Gargan came on the 1
deck? - - _ . ' .
Yes, sir. . ' - '
What happened when they came up on the deck? -
They went directly to the Senator's room and opened the
and he followed them into the room.
Did you see them confer? '_ '- '
No, I didn't. 4 '
They did not confer prior to entering the ram?
They did not. _ ' -
Q: Did you see them leave? ' '
A: No, I didn't. " y__A:
Q:
A:
Q:
A:
door
Q:
A:
Q:
A:
Later that day, Tujjday, Mr. Markham gave the following as hisversion of the episode. 2 It could not -be as complete, but, tis _
enough. He was asked where in the Shiretown he wentgupon returning
_§to Edgartown that Saturday morning.
i
< 4
I' _, i. ¢I I
5
.
*4
uA: I went in along the side up into the back courtyard there.
I went up the back stairs to the porch which was outside of the .
room, where the Senator's room
Q: And where was the .Sena-tor when you saw him?
-~A: He was seated -out on the porch at a table.
Q: Who was with you at this time? 4 ' _ ~
* A: Mr. Gargan. -
Q: What did you do upon arriving there, what did you say?
A: I didn't say anything. I went up the steps. I saw the
Senator seated there and it was obvious to me at that time that
nothing had been done. ' ~ -
_ Q: Well, how was it obvious .to you that nothing--
A: well, there was no commotion. There was no--he was just
seated there at the table.
Q: Alone? ' '4 .
.A: No. I remember Mr. Richards being in the iwdiate vicin-
ity and also another gentleman. "
Q: Was it Mr. Moore? _
A: Moore. Stan Moore, right. g
Q: And did you have a conversation at that time? l -
.6 _"~fll~i'lI>'92¢I <--a$_4>4¢;_¢J92__, ~ ' - ~ * . ~ ~ - . --»_» _-..._.. .4.-- .__--__. ._-....4c..i....__......_................._ ....._._.. . .~_.--.... .. _- -1 , .__._ ,.-._._ .....,._»_.-;,____.. .... _e,.l~-,.._ .....~- .._...___ ~. ~ » We .1. 4- ~ 4 . ~ .4 7 -1 -7 >~=--'4uA..-e."
.. Y ~ -
had left the key inside and closed the door and Joe went darn and
got another key and returned. ~ ' _
ob
If this portion of Mr. Markham's testimony is the, tru, the 1,
whole uth and nothing but the truth, and if the .5.ena-tor-sticking
himsel out of his room whp does-n-'-t do this occasionally?! 7i-- ,,,-
categs _nf.used» 'b~eh"aVior and impaired judgment, then we must Ieept
Dr. Wai s opinion without question. _
Withrfurther reference to Dr. -Watts and his affidavit, ad :td""'
strive to match Senator Kennedy's assiduousness and desire r com--
pleatness, it would be in_ ordef to mention that Judge Boylenjected
the affida it because he considered it to be immaterial and mt per-tinent."?_27 with the affidavit subjected to close scrutiny, however,
this rejection increases Judge Boyle's share in this anomaly, the ex-
position of which again requires a little review.
We must revert to Senator Kennedy's testimony, page 8, iid the
response footnoted 7. This, of course, was reiteration of tb same
declaration made in his statement at the Police Station pay17! ,
as well as in his famous radio/TV explanation , which was, essen-
tially, I have no idea how I got out of that car. Dr. Watts men-. . ,, . .
A ' "do " 'Q.
tioned "retrograde amnesia , it will be recalled page 53, imtnoted
uble floods" and double ebbs" ag have »
there is something like "double mero-
clearly understood or will it?! if we
tory" Dr. Watts referred to, apparxly25!. Perhaps, like the
in the tides at Edgartown,
grade. This will be more
refer to the specific "hias it was given to him.}_Q7
The history of the present illness was as follows: he
Senator! stated that he had been in an auto accident last night
on I-Kai Lhas Vineyard. '1'-he car went off a bridge. Therei a "
lapse in his memory between hitting the bridge and comiugto
under water and struggling to get out. There was a loss :£ori-
entationa-at the last moment, he grabbed the sideof an _g;m3_
window and pulled himself out. - He was not clear on the mats
following but hedrememberéd diving repeatedly to check x:
passenger--without success. He went for help and returad.
Again, effort to rescue passenger was without success. bwas "~
driven to the ferry slip and swam to the main body of land. He
went to hi_s hotel where he slept fitfully until 7:00 _a.n.
Well, in his talk with Dr. Watt, k. Ken-
for having told Police Chief Arera in
collaborated with Mr. Markham on at
how he! got out of the car , and that
earlier. Then, on radio/TV he reiter-
escape came about, evidently hav-23' ex-perienced amnesia<for what he told Dr. Watt. The amnesia ws un-
questionably still _in force during the inquest. This sounds morelike oscillating amnesia. - 4
But anomaly eems to beget anomaly. Note the alleged loss
of orientation. In what way? The Senator fully realized tht he _
was upsidedown page 7! and he remembered clearly enough tiedi
rection the tida current swept him he said!, and even draiiaRetrograde amnesia?
nedy evidently had amnesia
that unsigned statement he
he had "no recollection of
was only a matter of hours
ated the denial of*how his
29 glbid. p. 39. . _2QéIbid.: p. 90, *"'_° "'3 ~ .
, _ .-ST»-Q2'.~.-..u-'.n.:~n:-"__n¢-_4- . ~..92
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qt , . .* Q p
grams and sketches of his movements-where he dove, and the posi-tion of the submerged Oldsmobile in relation to the bridge. Be exs _perienced no difficulty in finding the cottage on foot. Just what ,
kind of orientation did he lose? ihhll we note, again for the'sake of conpleatness, that ill :~in Dr. tt's account the window was.open, whereas, on the witncss.~ "-stand ge 7!-he-said the window was closed. Thgi he reversed this on the ry next page and said it was open is further indication of f
'oscillatingj amnesia.! _ -' q_p .Finally ?!, we note the statement that after returning tohis hotel he slept fitfully until 7:00 a.m.' This is more anoma-lous, of course, but we must remember thatvMr. Kennedy was not under'goath when he gave that account to Dr. Watt. However, one may noticeefthat he snapped out of it rather quickly and without much difficulty
when Mr. Richards testimony is considered.This fits well enough in the schedule of telephone calls de-tailed by the New York Graphic, please note {Anomaly T!. Be met '.Hr. Richards at approximately 7:30 a.m., which means he could have.just made the tenth call at 7:19. Then, after going into the roomat approximately 8 o'clock, he could very easily have made the elev- » 1
enth call, after conferring with Messrs. Gargan and arkham, at 8:14.This over at 8:56, he went downstairs and made the call from the_public phone at 9:01. These first two calls mentioned, at 7:19 and"8:14, would be predicated on a telephone i the room and the switch-board now open. Mr. Tretter's testimony§L? fits well enough, too,as he recounts how he unintentionally intruded into the room to "
find that it was a private thing" and was requested to leave. This
was a few minutes after eight. _ _ _ ~i
C} f ' There is an insistent question concerning this matter of theSenator notifying the police when he had fully realized what hadhappened. First, however, a supposition or two are necessary. Werecall that Mrs. Malm called the police because two boys had knocked, on her door that morning and told her there was a car upsidedown
near'the bridge. Then word got around rather quickly and.Mr.,Bettenccourt heard about it, who, in turn, informed Senator Kennedy, whotheeeapea»shortly after fully realized that his identity as owner of ff?
.the car would become known from the license number being checked it'*"was, in fact!.. Now then, suppose the two boys had not decided togo fishing that is what took them to the area! that Saturday morn-ing and that no one had crossed the bridge. Or, suppose that,instead of being remarkably clear, the water around Martha's Vineyardwas very muddy and_the car had not been visible, ot even at lowtide. ' i
Question: How long would it have been before the Senator de-
cided to notify the police? If this question seems unusual, let us1remember that he told Mr. Richards that he might join him and hiswife for breakfast "later." And shall we also remember that the in-
formation first given out to the members of the party was simplythat they 'couldnt find Mary Jo?" .She was ¬nissing. ' »
Q Y G 1 '
§l/ Ibid., p. 18.
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