Gordon Novel - From N.O. to Waco?
Dave Reitzes
(quote) - - - - - - - - - - - - - - - - -
GORDON NOVEL
New Orleans District Attorney Jim Garrison indicted Gordon Dwane Novel for
complicity in the assassination of President John F. Kennedy. In his
youth, Gordon Novel belonged to a neo-Nazi group and was arrested and
charged with bombing a Metarie, Louisiana, theater that admitted blacks.
Later, he sold spy devices in New Orleans. Gordon Novel claimed he worked
with the Cuban Revolutionary Front during the Bay of Pigs, as a Director
of the CIA proprietary, the Evergreen Advertising Agency, and had created
cryptographic messages for the CIA.
ANALYSIS
This was untrue. The CIA reported: "There is no record of any utilization
of Gordon Novel, Sergio Arcacha Smith or Evergreen Advertising Agency. In
addition to Office of Security records, WH/CUBA, RID and CI Staff were
checked for possible indication of operational involvement. Howard J.
Osborn May 1, 1967."
In September 1961 Gordon Novel took part in the burglary of a
Schlumberger munitions bunker. He informed the FBI: "Schlumberger Well
Service had an arrangement with the CIA wherein it leased a bunker in
which ammunition, bomb casings and other materiel would be stored for the
CIA. Eventually the materiel would be shipped out of the United States in
Schlumberger boxes marked 'Machinery.' The explosives would then be
shipped by boat to Cuba where they were going to be used in a diversionary
operation during the Bay of Pigs invasion." The CIA verified Gordon
Novel's statement: "Novel has claimed to the press that the munitions from
the bunker were to be used for a diversionary operation during the Bay of
Pigs invasion. Agency officers familiar with the operation at the
(deleted), have indicated that such a diversionary operation was based at
(deleted), but that operation was canceled before a landing was made."
Gordon Novel continued: "After the Bay of Pigs, Schlumberger became upset
and wanted out of its CIA contract; three months after the invasion,
arrangements were made for the materiel stored in the bunker to be removed
by Novel and his group. At the time the material was removed, an
individual involved took some of Schlumberger's low grade powder and fuses
and other material, and the incident was reported as a burglary." (Gordon
Novel had a previous history of assembling bombs). Gordon Novel said the
crates of arms were stamped with the word INTERARMCO. [Police Record
Jefferson Parish 1953; Memo Ivan/Garrison re: Novel rec. check; Flammonde
Kennedy Conspiracy p76; Wardlaw Plot or Politics p113; New Orleans
States-Item 4.25.67; HUNT Day p182 CIA 1332-502, 1045] Gordon Novel
reported that Andrew Jerome Blackman, David Ferrie, Sergio Arcacha Smith,
and Luis Rabel were involved in the burglary. In a telephone interview
with this researcher, Luis Rabel denied he met David Ferrie or Guy
Banister, but said he knew Sergio Arcacha Smith. Regarding the burglary,
"Well, I used to run a dry cleaners, and I had a truck that I used to loan
to about 40 or 50 exiles here. Arcacha asked me to loan him the truck to
move some furniture. Whether the truck was used to move anything other
than furniture is beyond me." Gordon Novel told the press: "It was one of
the most patriotic burglaries ever committed . . . the CIA virtually gave
us the key to the bunker . . . my fellow burglar, Arcacha Smith, and I are
still employed by the CIA." [FBI 62-109060-4789, 4707; NYT 4.5.67; New
Orleans States-Item 4.25.67]
A company that marketed surveillance equipment reported in 1965 that
Gordon Novel had placed an order with it using a fictitious address. Later
that year, he appeared at the Lost and Found counter at New Orleans
Airport to inquire about some misrouted bugging equipment. Gordon Novel
explained to the FBI he had demonstrated the equipment to the State
Department. On November 22, 1966, Gordon Novel was made an FBI Potential
Criminal Informant. [FBI 62-109060-4707; FBI NO 137-2936] He furnished the
FBI information on the Garrison investigation that indicated Jim Garrison
was hostile to that agency. J. Edgar Hoover commented: "More and more it
becomes evident we should stay as far away as we can from this shyster
[New Orleans District Attorney Jim Garrison]."
At the beginning of Garrison's investigation in 1967, Gordon Novel had
offered New Orleans District Attorney Jim Garrison his services; when he
discovered he was to be called as a witness, however, he called the FBI
and said he had watched the home of David Ferrie at 5:30 a.m. on the day
David Ferrie was found dead, and had seen Jim Garrison leave the house.
When Gordon Novel was interrogated by New Orleans District Attorney Jim
Garrison about the munitions bunker operation, he called the New Orleans
Domestic Contacts Division of the CIA for advice. He then fled to McLean,
Virginia, where he took a lie detector test from retired Army Intelligence
Agent and former policeman from the District of Columbia, Lloyd Furr. [CIA
1332, 502, 1045, 1316, 475D, 1345, 1057]
[…]
NOVEL'S LETTER
In March 1967, after Gordon Novel fled New Orleans, the new tenant in his
apartment found a letter written by him under the linoleum. This letter
was obtained by The New Orleans States-Item. The note, written in Gordon
Novel's handwriting, was seemingly addressed to his CIA contact: "Dear Mr.
Weiss: This letter is to inform you that District [sic] Jim Garrison has
subpoenaed myself and an associate to testify before this Grand Jury on
matters which may be classified Top Secret. Actions of individuals
connected with Double Chek Corporation in Miami in first quarter of 1961.
Our connection and activity of that period involves individuals presently
about to be indicted as conspirators in Mr. Garrison's investigation. We
have temporarily avoided one subpoena . . .we want out of this thing
before Thursday, March 1967 . . .I have been questioned extensively by
local FBI recently as to whether or not I was involved with Double Chek's
parent holding corporation at the time. My reply on five queries was
negative . . . Our attorneys and others are in possession of complete
sealed files containing all information concerning matter. In the event of
our sudden departure, either accidental or otherwise, they are instructed
to simultaneously release same for public scrutiny . . ."
ANALYSIS
At first the letter indicated Gordon Novel was afraid of Garrison, then it
implied he was afraid of the CIA. Double Chek was a well-known CIA
proprietary mentioned in The Invisible Government. The FBI Miami files
contained Bulet November 12, 1964, captioned "Obtuse: ESP - R', Bufile
105-126649. This letter points out that the CIA had previously advised
Gibralter Steamship Corporation, Vanguard Service Corporation, and the
Double Check Corporation had been used by CIA, but operational interest in
them was dropped after they were mentioned as CIA covers in the book
entitled, 'The Invisible Government.'" The CIA maintained: "The (deleted)
Double Check Corporation was not used by the CIA to recruit pilots for
operations directed against the Castro Government as previously reported
[by CIA liaison]. CIA did not become involved with Double Check
Corporation (deleted) until after the Bay of Pigs invasion. After the
unsuccessful invasion, CIA made arrangements (deleted) to use Double Check
Corporation as a medium for compensating the 'Birmingham widows.'" [FBI
61-109060-5361, 5315]
SEYMOUR WEISS
The files of Guy Banister contained the name Seymour Weiss. Seymour Weiss
(born May 15, 1925) began his career in the State Department with the
Agency for International Development then directed the combined policy
office of Political and Military Affairs of the State Department. He
continued in similar capacities until 1967, when he joined the University
of Miami, Center for International Studies. His career ended after his
Ambassadorship to the Bahamas from 1974 to 1976. Seymour Weiss died on
September 25, 1992, at 67.
Another Seymour Weiss was a Director of Standard Fruit in 1963, who was
connected with CARLOS MARCELLO and Frank Costello. According to Ed Becker,
Standard Fruit, the International Cooperation Administration, and Johnny
Rosselli, were involved in the overthrow of Jacobo Arbenz. [Ed Becker and
Charles Rappleye, All American Mafioso, Doubleday, NY 1991 p225]
Gordon Novel was arrested in Ohio, where he was held on $10,000 bond
pending extradition. Governor James Rhodes refused to sign the extradition
papers for Gordon Novel. [Flammonde The Kennedy Conspiracy p100; New
Orleans States-Item 4.22.67] In 1970 Gordon Novel was arrested on a charge
of illegal interstate transportation of an eavesdropping device, and was
subsequently convicted.
In May 1967 Gordon Novel staged an assassination attempt on himself which
was reported to Raymond Rocca. [FBI 62-109060-5085, 5309, 5905] In 1968,
after a fight with his in-laws, Gordon Novel exhibited CIA credentials to
the arresting officers. [FBI 62-109060-6859]
CHARLES COLSON AND GORDON NOVEL
In 1974 Jack Anderson reported that Charles Colson asked Gordon Novel to
help him build a giant degaussing gun to erase tapes that incriminated
NIXON, stored at a CIA site. Gordon Novel consulted with other experts,
but they "mutually decided not to pursue the plan because of its danger to
national security tapes and computers near the target area." Gordon Novel
claimed association with NIXON and Governor John Connally. [True 4.75;
Anderson NY Post 8.15.74] The FBI stated that Gordon Novel was involved
with Morningstar Associates, "an organization with supposed connections to
the CIA and Department of Defense."
In the Summer of 1976 Gordon Novel and his partner, John Langford, were
charged with possession of an incendiary device and aggravated arson. The
men were involved an alleged plot to firebomb some property in the New
Orleans Central Business District on Mardi Gras day, 1976, after attempts
to purchase the property for $70 million had failed. Gordon Novel hired an
undercover Alcohol, Tobacco and Firearms agent who later admitted CIA ties
to do the job. Jim Garrison represented Gordon Novel. During that
prosecution, and just before it went to trial in state court. Gordon Novel
made a civil rights allegation to the FBI against a Drug Enforcement
Administration agent in Dallas, alleging that the informant of the Drug
Enforcement Administration agent was attempted to set up Gordon Novel by
trying to get Gordon Novel to agree to contract for the murder of a
witness against him. At his trial Gordon Novel testified the Agency was
after him because of international arms dealing. The trial, covered
extensively by Spotlight, ended in a hung jury. On October 30, 1976, the
judge declared a mistrial.
When Gordon Novel failed to show up for his retrial, and claimed he
suffered a heart attack on January 17, 1977, an Atlanta judge immediately
had him arrested pending extradition to New Orleans. [New Orleans
States-Item 2.25.77; Spotlight 2.14.77] HEMMING told this researcher:
"Gordon Novel had White House connections during Iran/Contra. The guy was
real. He knew Werbell." STURGIS said in deposition in HUNT v. WEBERMAN
that in 1977 he had a telephone conversation with Gordon Novel: "I never
met him personally. I have spoke with him on the telephone, but I have
never, I don't believe I ever met him personally." Gordon Novel was
staying at the home of Mitch Werbell in 1977.
GORDON NOVEL AND FRANK BARTES
On November 19, 1976, Frank Bartes contacted the New Orleans FBI Office.
He said that "Beginning in 1975, Gordon Novel was introduced to Frank
Bartes in New Orleans by a mutual acquaintance. Frank Bartes met Gordon
Novel at Masson's Restaurant in the Summer of 1975, where Gordon Novel
displayed for Frank Bartes an extensive array of all kinds of weapons,
including conventional firearms, electronic equipment and even tanks and
aircraft." Frank Bartes again met with Gordon Novel in June 1976. During
this conversation Gordon Novel told him that Congress was going to re-open
the investigation of the Kennedy assassination and Gordon Novel hoped to
blame the assassination on Fidel Castro. Frank Bartes told Gordon Novel
that he had met Fidel Castro and had been photographed with him. Frank
Bartes showed Gordon Novel the photo, after which Gordon Novel inquired if
it would be feasible to superimpose OSWALD'S head on to one of the people
in the photograph. When Gordon Novel was told that was impossible, he
examined the photo, and said that one of the individuals in it resembled
Clay Shaw." On December 1, 1976, Gordon Novel called the FBI Office in New
Orleans about his civil rights complaint against the Dallas Drug
Enforcement Administration agent. "He stated he wanted to 'stir the
waters' in order to get effective action. He said one step he had taken in
order to force Federal action was his lengthy conversations with [Senator
Schweiker], wherein Gordon Novel was promised the opportunity to testify
at length before the committee that will reopen the Kennedy investigation.
Gordon Novel said that his testimony could discredit Federal agencies,
especially the CIA, showing how the CIA had engineered the assassination
of the President. Gordon Novel said, 'Are you reading me?'" [FBI
62-109060-7593, 7591X]
[…]
GORDON NOVEL AND MITCH WERBELL
In 1976 Gordon Novel, a prominent figure in New Orleans District Attorney
Jim Garrison's investigation, lived with Mitch Werbell. On January 17,
1977, when Gordon Novel was arrested for arson, Mitch Werbell bailed him
out. During the Summer of 1977, someone tried to stab Mitch Werbell in an
Atlanta bar. In the early 1980's Mitch Werbell became the personal
bodyguard of the crypto-Nazi leader, Lyndon LaRouche. In November 1983,
Mitch Werbell was arrested for bringing a sharp, pointed, walking cane
into a Federal courtroom. Mitch Werbell died on December 18, 1983, in the
Cardiac Unit of the UCLA Medical Center, after a brief illness. He was 65.
(end quote) - - - - - - - - - - - - - - - - -
From: black...@aol.com (Blackburst)
Subject: Re: Did Russo Think that Ferrie was PRO-Castro?
Date: 10 Jan 1999 00:00:00 GMT
Message-ID: <19990110013948...@ng-ce1.aol.com>
Dave Reitzes wrote:
>Is there any credible evidence that Ferrie was involved in Banister's
>gunrunning activities? Was Houma ever linked to Banister?
Yes. The people on the September 1961 Houma heist were:
Gordon Dwane Novel
Rancier Blaise "Ranny" Ehlinger
Sergio Vicente Arcacha Smith
David William Ferrie
Layton Patrick Martens
Andrew Blackmon
Carlos Lopez
Maurleen Mancuso Novel
The arms were stored at Ferrie's Atherton Drive home, Banister's office,
and another location I don't recall. The Schlumberger boxes in Banister's
office were seen by an associate in September or October of 1961.
oo
David
From: black...@aol.com (Blackburst)
Subject: Re: Did Russo Think that Ferrie was PRO-Castro?
Date: 10 Jan 1999 00:00:00 GMT
Message-ID: <19990110034148...@ng-ce1.aol.com>
Dave Reitzes wrote:
>Carlos Lopez? Now there's a name I never heard before. Do you know
>anything about him?
>
Carlos Lopez was a young Cuban (a BoP veteran, I believe) who came to NO
from Miami in early May 1961 with Julian Buznedo and Endrik Ceijas. The
trio stayed initially with Arcacha but soon fell in with Ferrie, who took
a special shine to Buznedo. After Buznedo returned to Miami several weeks
later, Lopez remained and hung out with Ferrie for a few months. He seems
to have been present on the September 1961 Houma heist as just such an
incidental character.
>If I understand another post of yours, you said that it was this [Houma] arms
>shipment that was mistakenly identified later as bound for the Bay of
>Pigs, correct? What's your source on that?
It's a long story based on numerous sources, but I believe that when
Garrison's office first found out about the heist, there was some
confusion about the date (which persists to this day), and it was
mistakenly dated before the BoP. In trying to clarify the date, I compared
numerous sources, including statements by Novel, Ehlinger, Mancuso (all
NODA), Arcacha (FBI) and others, and I am virtually certain that it had to
have occurred in the first 2 weeks of September 1961.
(Incidentally, there is another report of Ferrie showing interest in
acquiring a C-47 airplane at around the same time.)
One peculiar note: Garrison's paperwork for the extradiditon of Arcacha
gives the date for the Houma heist (and presumably, the subsequent storage
of some of the arms in Ferrie's home on Atherton Drive) as August 21,
1961. This is highly unlikely, as Ferrie's home was searched the next
morning by Jefferson Parish deputies in relation to a morals charge. I
presume that the NODA guess at the date was probably wrong.
>Is this the only gunrunning-
>type activity Banister has been linked to?
Yes, to the best of my knowledge, all of the reports of Banister's
connection with arms running seem to refer to the same Houma incident.
By the way, the Banister associate I referred to in several other posts
who saw the Schlumberger boxes in Banister's office was Vernon Gerdes. He
said they were only there one day.
oo
David Blackburst
From: black...@aol.com (Blackburst)
Subject: Re: What about Banister and the CIA?
Date: 10 Jan 1999 00:00:00 GMT
Message-ID: <19990110011155...@ng-ce1.aol.com>
Dave Reitzes wrote:
>Does your
>research indicate that this was only a fluke, and that Banister wasn't
>really a gunrunner?
I can't say if he was or wasn't, but ALL the reports I have seen on
Banister and gunrunning seem to refer to the same incident, the September
1961 Houma heist, shortly after which the Schlumberger boxes were spotted
in his office by an associate.
>does the CIA actually figure into the Houma heist,
> or is that just a Gordon Novel fairy tale?
Novel and Ehlinger's initial statements on the matter indicate that it was
a fluke, that the two were drag racing near Houma and came across the
arms, Ehlinger told of the find to his cousin, Ed Butler, who informed
Arcacha about it. Incidentally, I believe Arcacha made a CYA report about
this to the FBI shortly after it happened. It was only after he was
subpoenaed by Garrison that he began intimating that it had CIA support.
Another fact: In the earlier statements, Novel and Ehlinger said they used
bolt cutters to enter the bunker. Later, Novel claimed they had a key.
[…]
From: black...@aol.com (Blackburst)
Subject: Re: Gordon Novel
Date: 24 Sep 1998 00:00:00 GMT
Message-ID: <19980924200001...@ng95.aol.com>
Clark Wilkins wrote:
> Novel was not a flake as evidenced by his being
>approached by the Watergate defendants in regards to his electronics
>expertise. He was also familiar with a number of CIA names and
>operations. John has taken a fact, that Novel was not a full time CIA
>agent, and made it into a factoid, that Novel had no Agency connections
>whatsoever.
It is worth noting that all the relevant documents I have seen use
language like the following: "Mrs. Jane Roman, CIA, furnished the
following to (Samuel J. Papich) the (FBI) Liaison Agent on 3/2/67: "CIA
has not had any operational interest in any of the following individuals
at any time: (Arcacha, Ferrie, Novel)"
Is denying that CIA has ever had "any operational interest...at any time"
the same as saying that Novel "had no Agency connections whatsoever"?
I would add that I believe Novel was embellishing to some extent in his
Playboy lawsuit deposition.
oo
David
Subject: Bethell Diary -- I
From: 6489mc...@vms.csd.mu.edu (John McAdams)
Date: 1/10/99 10:27 PM Eastern Standard Time
Message-id: <369965ed...@mcadams.posc.mu.edu>
The following is from the diary of Thomas Bethell, who was on the
inside of the Garrison investigation before defecting to the Shaw
defense.
<Quote on>---------------------------------------------
Excerpts from a Diary kept while working
in the District Attorney's office during
the investigation of Kennedy's assassination
[…]
Sep 9, 1967
[…]
I asked [Jim Garrison] how Gordon Novel became involved in the
case. He thought for a moment and said Novel came in and offered to help
with electronic equipment, on the proviso that they didn't implicate him
as a result of what he told them. Garrison agreed to this and Novel told
about the Houma burglary episode and his connections with Ferrie. Garrison
then found out, he said, that Novel had been taking pictures inside the
DA's office and selling them to Walter Sheridan. He then reneged on his
agreement with Novel.
[Note: According to Milton Brener, an attorney close to the case, no money
changed hands between Novel and Sheridan. -- DR]
[…]
Monday, Dec 4, 1967
Last Thursday, a lawyer from Playboy was here, and I happened
to be in Garrison's office when he asked Garrison some blunt questions
about Gordon Novel and his involvement in the case. He pointed out to
Garrison that he had read the Novel files, but was unable to make any
headway in understanding how Novel became involved. I had found the
same thing myself; the 2 Novel files are in a state of chaos, and
there are no interviews with Novel in them, or really any material
directly relating to Novel's connection with the office or with the
probe or with the assassination. Merely contains previous offenses-eg
attempt to derail railroad train, throwing rocks at cars, etc (as a
minor), and many telegrams to Marlene Mancuso which date back to the
'50s. Therefore I awaited Garrison's reply with interest.
Garrison said he only saw Novel three times, the first being
when he was approached by Novel with the offer to be some kind of
de-bugging officer for the office. He was introduced to Garrison by
Willard Robertson. Subsequently Garrison discovered, he said, that
Novel had sold a photograph to NBC ( of a truck or something) and then
had no further dealings with him. Novel also volunteered information
about the Houma burglary, and his knowledge of Ferrie and Arcacha.
Novel was due to appear before the grand jury, but fled to Ohio before
he did so.
Garrison admitted to the lawyer-in response to
questioning-that Novel had no connection, as far as he knew, with the
assassination. That the office never was too concerned about him or
interested in him, thus accounting for the paucity of information
about him in the files.
The lawyer told Garrison that, in his view, there was enough
discreditable material in Novel's background to make it unlikely that
Novel could ever win his suit against Playboy and Garrison.
[…]
<Quote off>---------------------------------------------
.John
The Kennedy Assassination Home Page
http://mcadams.posc.mu.edu/home.htm
Bethell's diary:
http://mcadams.posc.mu.edu/bethell1.htm
Continued . . .
Dave Reitzes
29 September 1967
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Clay L. Shaw's Trial and the Central
Intelligence Agency
1. This memorandum is for information
2. The investigation of District Attorney Garrison of
New Orleans into the assassination of President Kennedy, and his
attack on the Warren Commission report, now focuses on one
facet--the trial of Clay L. Shaw, who has been indicted for
conspiracy to assassinate the President. In his public
announcements Garrison has been careful not to reveal his theory
of the trial. Technically, he could restrict himself to an
attempt to prove a conspiracy among Shaw, Oswald, the pilot
Ferrie, and possibly others without involving CIA at all. As we
understand Louisiana law, Garrison will have to prove at least
one overt act in pursuance of the conspiracy, and with Oswald and
Ferrie both dead, we do not at the moment know of such an act
which he could prove.
3. We speculate, therefore, that he will try to involve
others and bring out testimony that they were involved in such
things as the movement of arms and money in pursuance of the
conspiracy. Again, conceivably, this could be done without
involving CIA. Indeed, in his most recent pronouncements,
Garrison has been concentrating on an unidentified group of
Dallas oil men of the extreme right-wing type, who he says were
the instigators, backers, and real controllers of the conspiracy.
He plays the recurring theme, however, that those who
actually carried out the assassination were people who had been
associated with CIA and that CIA had set up Oswald as the "patsy"
to detract attention from the true assassins. He also says that
CIA is a part of a giant conspiracy on the part of "the
establishment" and the Dallas oil men to conceal the true facts.
It would seem probable, therefore, that Garrison would attempt to
involve CIA in the Shaw trial, and from what we know, he should
be able to produce witnesses who can testify at least to some
peripheral connection with his case. Despite the fact that
Garrison's theories are basically and preposterously false,
therefore, he may well be able to involve CIA in the Shaw trial.
4. Garrison has thrown out so many theories, names, and
efforts in different contexts that it is difficult to construct a
clear scenario, but the following speculations will serve to
illustrate the problems with which we will be faced if Garrison
pursues this course:
[…]
e. Garrison has falsely stated that Gordon D. Novel was
a CIA agent and that one of his lawyers, Stephen Plotkin, was
paid by CIA. Garrison says he can prove that Novel, along with
Arcacha Smith and others, robbed a munitions bunker at Houma,
Louisiana at the instigation of CIA. Garrison may claim that
this robbery was one of the overt acts of the conspiracy.
Actually, Novel has never at any time had any association with
the Agency nor has his lawyer, Stephen Plotkin.
[…]
5. We could continue to speculate about some of the
other names involved, but the forgoing is sufficient to
illustrate the potential problem. Certainly, the story of CIA's
connections and interrelationships would be enough to at least
confuse a jury thoroughly.
Shaw's lawyers have no way of refuting these stories
except by attacking the credibility of the witnesses or
introducing other witnesses to impeach their stories. They have
so far no Government information which they can use for this
purpose. The Government, and particularly CIA, is placed in a
quandary. If it were to deny the Norton and Novel stories, which
are wholly untrue, it would have to make some partial admissions
at least in connection with Laborde, Santana, and possibly
Paneque, Bringuier, and others.
[…]
No alternative to the claim of privilege appears to be
available, however. To protect the Government's position on
privilege, it would appear that the Government cannot take any
action publicly to refute Garrison's claims and the testimony of
his witnesses, as the Louisiana judge would almost certainly take
the position that any such public statement would negate the
privilege.
6. At the present time, therefore, there is no action we
can recommend for the Director or the Agency to take. If during
the trial it appears that Shaw may be convicted on information
that could be refuted by CIA, we may be in for some difficult
decisions. There is one positive aspect at the present time,
which is that outside of Louisiana the U.S. press and public
opinion appear to be extremely skeptical if not scornful of
Garrison's allegations. We can only wait and see whether the
trial will influence this attitude either way.
LAWRENCE R. HOUSTON
General Counsel
(end quote) - - - - - - - - - - - - - - - - - - -
Full document available at John McAdams' site.
In *On the Trail of the Assassins,* Jim Garrison writes, "Most of the
extraditions I sought in this case were blocked as if a giant foot had
stepped on my office" (1991 ed., 211).
This is not true. With only one exception, the witnesses were not relevant
to Garrison's case against Clay Shaw. Gordon Novel and Sergio Arcacha
Smith, for example, had nothing to do with the assassination. Garrison was
convinced, however, that a 1961 Houma, La., robbery the two had committed
with David Ferrie had something to do with the assassination. It's
possible that Garrison could have gotten both witnesses, however, had he
simply DONE THE PAPERWORK.
>From Edward Epstein's *Counterplot*:
(quote) - - - - - - - - - - - -
After some initial reluctance, Ohio Governor James Rhodes finally agreed
to extradite Novel to Louisiana if Garrison would complete the papers
within sixty days. Garrison, however, did not take the necessary steps. As
the deadline approached, Assistant District Attorney Alcock asked if he
should return the papers to Ohio, and GARRISON TOLD HIM NOT TO BOTHER
(emphasis added). After Garrison failed to reply to phone calls and
telegrams from Ohio authorities inquiring about his intentions in the
Novel case, and after the sixty-day period had elapsed, Judge William T.
Gillie dismissed the extradition case against Novel (Epstein, *The
Assassination Chronicles,* 248).
(end quote) - - - - - - - - - - -
Epstein points out that it was AFTER this occurred that Garrison upgraded
Novel's status to "material witness" and told *Playboy* magazine, "The
reason we were unable to obtain Novel's extradition from Ohio . . . is
that there are powerful forces in Washington who find it imperative to
conceal from the American public the truth about the assassination."
Garrison knew that Novel was more valuable to him as a fugitive than a
witness.
Garrison confirmed the above in an August 26, 1967, interview with Bud
Fensterwald, notes of which follow.
(quote) - - - - - - - - - - - - - - - - - - - -
Gordon Novel--started out as minor witness. As it developed, he knew Shaw,
Ferrie, Oswald [sic] and everybody else--Had been to Dallas, Florida, et.
al. Became more interesting as time went on. When Garrison issued grand
jury subpoena, Novel sold his business (Jamaica Inn?) on a Sunday
afternoon and fled--Garrison feels he could get him back but believes he
should wait rather than use legal arm.
(end quote) - - - - - - - - - - - - - - - - - - - -
Posted by Jerry Shinley:
(quote) - - - - - - - - - - - - - - - - -
Gordon NOVEL, Plaintiff, v. Jim GARRISON and HMH Publishing Co., Inc., a
Delaware corporation, Defendants
No. 67 C 1895
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS,
EASTERN DIVISION
338 F. Supp. 977; 1971 U.S. Dist. LEXIS 10638
November 24, 1971
JUDGES: [**1]
Campbell, Senior District Judge.
OPINIONBY: CAMPBELL
OPINION: [*978] MEMORANDUM, ORDER AND JUDGMENT
CAMPBELL, Senior District Judge.
This is an action for libel brought by plaintiff, Gordon Novel, against
defendants, Jim Garrison and HMH Publishing Company. At all times relevant
to this case, Garrison was the District Attorney for the Parish of
Orleans, Louisiana. HMH Publishing Co. is publisher of a widely circulated
magazine known as "Playboy". The alleged libel occurred in an article
which appeared in Playboy Magazine and which was the result of an
interview with Garrison relating to his widely publicized investigation
into the assassination of President John F. Kennedy.
[*981] Some time in February, 1967 Mr. Novel, knowing that one David
Ferrie figured prominently in defendant Garrison's investigation of the
assassination of President Kennedy, voluntarily disclosed to Mr. Garrison
that he (Novel), David Ferrie and one Sergio Arcacha-Smith, the head of an
anti-Castro Cuban refugee organization, had been associated in 1961 in the
removal of military munitions from a bunker in Houma, Louisiana. Mr. Novel
told Mr. Garrison that he had been asked to participate in the removal of
munitions by Arcacha-Smith who had requested him to wear dark clothes and
come armed; that entrance to the bunker was accomplished with the aid of
bolt cutters; that the removal was carried out under cover of darkness;
and that plaintiff and his companions had posted a look-out with a
walkie-talkie radio set in order to avoid being apprehended.
Mr. Novel received a subpoena requiring [**9] him to appear on March 16,
1967 and testify before the Orleans Parish grand jury in connection with
its investigation of the assassination of President Kennedy. On that date
Mr. Novel appeared in response to the subpoena but was told to come back
a week later.
Prior to that date Mr. Novel drafted a letter to Mr. Weiss, whom he
believed to be Chief Security Officer of the United States State
Department informing Mr. Weiss that Garrison issued the subpoena and
intended to inquire about matters which, "may be classified top secret
activities of individuals connected with Double-Check Corp. Miami in first
quarter of 1961." The letter further advised Mr. Weiss that he (Novel)
had, "no current contact available to inform of this situation so I took
the liberty of writing you direct and appraising you of current situation.
Expecting you to forward this through appropriate channels." Mr. Novel
said he believed that Double-Check Corp. had been a front entity of the
United States Central Intelligence Agency.
After drafting the letter Mr. Novel left New Orleans. The letter was found
in his former apartment. On March 23, 1967 the Criminal District Court for
Orleans Parish, Louisiana ordered [**10] the arrest of Mr. Novel as a
material witness in connection with the investigation into the
assassination of President Kennedy. On April 1, 1967, Mr. Novel was
arrested in Gahanna, Ohio and held in custody in Columbus, Ohio as a
fugitive witness prior to being released on bond. On March 19, 1968 the
Ohio Court of Appeals overruled a lower court order requiring Mr. Novel to
return and testify before the Orleans Parish Grand Jury. On April 13,
1967, Garrison filed a Bill of Information in the Criminal Court of
Orleans Parish Louisiana charging Mr. Novel with conspiracy to commit
burglary in connection with the 1961 removal of munitions in which Mr.
Novel still insists he participated. On August 9, 1967 the District
Attorney of Terrebonne, Louisiana also filed a Bill of Information against
Mr. Novel accusing him of burglary of the munitions bunker. The Governor
of Ohio refused to extradite Mr. Novel on the conspiracy to burglarize and
burglary charges. The charges against him in both Orleans and Terrebonne
Parishes relating to burglary of the bunker are still pending.
Mr. Novel's involvement in the assassination investigation was described
in many articles and stories in numerous [**11] publications throughout
the country. Novel and his attorneys appeared on television news programs
in Columbus, Ohio and New Orleans, Louisiana answering questions or making
statements concerning Novel's relationship with Garrison and the
assassination.
On or about June 14, 1967, Novel sent a telegram to Garrison in which he
stated that if granted immunity from prosecution, he would return to New
Orleans to testify on various matters, including:
"No. 1. International Fraud;
No. 2. Public and Official Bribery;
No. 3. Intimidation;
[*982] No. 4. In my opinion the probable murder of David Ferrie; n1
No. 5. Seditious Treason;
No. 6. Mysterious Intelligence Activities from November 1959 to date in
the Southern Quadrant of the U.S.A. and certain islands off Florida;
No. 7. Hot War Games and Cold Munitions Transfers;
No. 8. Ten 1950 model Canadian Surplus Vampire Jets Support Fighter
Aircraft;
No. 9. Certain Cuban-Anglo-French Sabotage Affairs of early 1961."
In his complaint, plaintiff alleges that Garrison made certain statements
intended to be understood as saying that plaintiff was a part of a
conspiracy to kill the President of the United States and that plaintiff
had committed the crime of burglary. He further alleges that in making
such statements Garrison acted maliciously and wrongfully with a specific
intent to discredit plaintiff and to destroy his reputation. The complaint
also alleges that the charges contained in the interview were completely
false and were known by HMH Publishing Company to be completely false, or
were published by HMH with a reckless disregard as to whether they were
true or not.
Count Two of the complaint alleges that HMH Publishing Company also
printed a forward to the interview with Garrison explaining the context
and background of the interview, which was likewise libelous.
[…]
Upon my own review of the record, including the stipulation of facts of
which much has been recited above, the depositions and the answers to
interrogatories propounded by all parties, I find no evidence by which
this plaintiff can sustain his heavy burden of proving actual malice
against either of these defendants.
As to the defendant HMH, it is clear that the Playboy article described
not what in its opinion Novel did but rather what someone else (Garrison)
said he did. In view of the sensationalism surrounding the Garrison
investigation I can phantom no way in which this [*983] defendant can be
held accountable for "actual malice" in accurately printing the actual
statements of an important elected official engaged in this controversy of
international significance. See Time, Inc. v. Pape, 401 U.S. 279, 91 S.
Ct. 633, 28 L. Ed. 2d 45 (1971).
Of equal significance is the fact that most of the statements alleged to
be libelous originated with the plaintiff. Certain of them have even been
stipulated to be true. For example in his complaint Novel alleges that he
was libeled by Garrison's reference to him as a burglar, referring [**15]
to the so called raid on the munitions bunker in Houma, Louisiana. Yet in
the stipulation of uncontested facts it is agreed that Novel voluntarily
disclosed to Garrison that he along with others participated in the
removal of military munitions from a bunker in Houma, Louisiana. He also
offered the fact that he had entered the bunker with the aid of bolt
cutters. He was formally charged in the Criminal Court of Orleans Parish,
Louisiana with conspiracy to commit simple burglary in connection with the
removal of munitions and also in Terrebonne Parish, Louisiana with
committing simple burglary of the munitions bunker. While charges of
burglary fall short of conviction, failure to make such a distinction does
not constitute malice. See Time, Inc. v. Pape, supra.
As to his involvement in the assassination investigation, Novel
voluntarily disclosed his association with David Ferrie whom he knew
figured prominently in that investigation. When he received a subpoena
requiring him to appear and testify before the Orleans Parish grand jury
in connection with the investigation of the assassination, he left New
Orleans. It is stipulated that the Criminal District Court for Orleans
Parish [**16] ordered the arrest of Novel as a material witness in
connection with the assassination investigation. Prior to that departure
he left behind a letter describing the so called connection with the CIA.
He later sent a telegram to Garrison in which he stated that if granted
immunity he could testify on various matters including foreign
international fraud, (2) the probable murder of David Ferrie, (3)
seditious treason, (4) mysterious intelligence activities, (5) hot war
games and cold munitions transfers; and (6) Cuban-Anglo-French sabotage
affairs.
The Playboy article does not describe plaintiff as a conspirator in the
assassination plot. In fact, when his name is first mentioned, he is
identified by an editor's insert as one of "Garrison's key witnesses".
In short, the plaintiff has set forth no evidence, and the court's own
examination of the record reveals none, which establishes any malice on
the part of Playboy in publishing this story of international interest as
told to them by a prominent public official.
The charges against defendant, Garrison, are likewise without support in
the record. In his Brief in Opposition to Garrison's Motion for Summary
Judgment, plaintiff states [**17] that he contests many of the statements
made by Garrison. But, as stated above, such general denials without
specific averments of fact do not in themselves establish genuine issues
for trial. The plaintiff has directed the Court's attention to no evidence
which establishes that defendant Garrison had knowledge of any falsity of
the alleged libelous statements contained in the Playboy article or that
he uttered any of those statements in complete disregard as to their truth
or falsity. Again, from a reading of the article itself, along with the
stipulation of facts and the other evidence, particularly the deposition
of the plaintiff, it appears that the substance of the statements now
claimed to be libelous originated with plaintiff himself. Plaintiff argues
that defendant, Garrison, has libeled him by calling him a burglar. Yet,
as stated above, it [*984] is stipulated that Mr. Novel voluntarily
disclosed to Mr. Garrison that he engaged in an escapade containing all of
the elements of burglary. Subsequent charges of burglary and conspiracy to
commit burglary by the District Attorneys for Terrebonne Parish and
Orleans Parish are admitted. In his deposition he admitted that [**18] he
himself may have made the statement that the Houma bunker incident was,
"the most patriotic burglary in history".
As to his alleged libelous role as a material witness in the Kennedy
assassination, again it was Novel himself who, knowing that David Ferrie
figured prominently in Garrison's investigation of the assassination,
voluntarily disclosed to Garrison that he had associated with Ferrie and
others in the munitions raid. He was also subpoenaed to appear before the
Orleans Parish grand jury in connection with the investigation of the
assassination of President Kennedy. His so-called connections with the CIA
also originated with his own voluntarily offered stories. The facts as
stipulated also establish that, Novel enthusiastically jumped into the
fray with Garrison, offering news media statements about the Garrison
investigation. His telegram to Garrison also states that he could testify
on various matters including the probable murder of David Ferrie,
seditious treason, and other matters that appeared to him to be grist for
the Garrison mill.
[…]