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Warren Commission Hearings: Vol. XII - Page 274« Previous | Next »

(Testimony of Roy Lowery Lee)

Mr. Hubert.
All right, any further comments about Exhibit 5083?
Mr. Lowery.
Now, I have one change here.
Mr. Hubert.
On what page?
Mr. Lowery.
On page 2, paragraph 3. Now, this is the only thing, the only change is--I don't know whether it is necessary for me to read the whole thing-- is the TV station WPAB. In this report it says, "WPAB".
Mr. Hubert.
It is a typographical----
Mr. Lowery.
It is wrong.
Mr. Hubert.
Yes, that's correct, and now, I don't think we have to do anything more about it.
Mr. Lowery.
All right. Then, on page 2 in--let's see, this page 2, paragraph 4, and this will carry on to paragraph 1 of page 3. All right. "This police car had its red lights on, flashing, and there were two or three officers in the car." That is a mistake. The facts are is this police car was a marked squad car, occupied by one officer, and that officer was Officer O'Dell, who is a patrolman, and as far as I can say, he was alone in the car. Only person in the car. All right. On page 3, this also is in paragraph 1. "He did not know who this individual was until his hat fell off in the melee and he saw it was Jack Ruby whom he has known for several years."
The facts are that at approximately the same instant the shot was fired, or within a fraction of a second thereafter, I did recognize the person firing the shot as being Jack Ruby.
Mr. Hubert.
The correction there being that you recognized him before his hat fell off, is that what you mean?
Mr. Lowery.
Well, I couldn't definitely say that I recognized him before his hat fell off. I don't .
Mr. Hubert.
Did you recognize him before he fired the shot?
Mr. Lowery.
Well, it seemed like to me at the same time. Now, of course, this happened directly in front of me, closer than--about half of the distance between the two of us and--
Mr. Hubert.
Let the record show that the witness indicates the distance that I would Judge to be approximately 6 feet.
Mr. Lowery.
Well, he would be within 4 feet, I think. That Jack Ruby would be within 4 feet of me.
Mr. Hubert.
Would you say that the distance that I judge is 6 feet, you think is about two-thirds of that distance?
Mr. Lowery.
That's right. Three to 4 feet, and I couldn't say that Jack Ruby's hat--I couldn't say whether the hat had fallen off or not.
Mr. Hubert.
All right.
All right. Now, you have looked over the other pages of 5083, and handed it back to me, are there any corrections or deletions or--wrong statements or anything that you would like to comment upon?
Mr. Lowery.
Best I can remember the rest of it is fairly accurate.
Mr. Hubert.
Now, I want to have you identify a chart of the basement area of the Dallas Police Department and I am marking upon it for the purposes of identification the words, "Dallas, Tex., March 25, 1964. Exhibit Number 5084, deposition of R. L. Lowery." And I am signing my name below that, and just for the purposes of identification, I wish you would sign your name below it, too, below my name.
I would like you to look at the mockup here and--if you will come over here with me, we can put the chart and the mockup together, and I would like you to--by using the mockup, point to the place on the mockup where you were standing and then we will mark it on the map.
Mr. Lowery.
All right. I was standing exactly at this point here [indicating]. In fact, the corner--I was leaning back against the corner, and I could feel it exactly between my shoulder blades.
Mr. Hubert.
All right. Now, I am marking a circle right here as the point that you are talking about?
Mr. Lowery.
Yes, sir; and that would be on the southwest corner.
Mr. Hubert.
Southwest corner of the intersection of the jail corridor and the ramp?.
Mr. Lowery.
Yes, sir.
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