Table of Contents, Appendix XVI
When Ruby testified before the Commission in Dallas County Jail on June 7,
1964, his first words were a request for a lie detector test. The Commission
hearing commenced with the following exchanges:
MR. JACK RUBY. Without a lie detector test on my testimony, my verbal
statements to you, how do you know if I am telling the truth? MR. RUBY. All I want to do is to tell the truth, and the only way you can
know it is by the polygraph, as that is the only way you can know it. The Commission was advised that Sol Dann, a Detroit attorney representing the
Ruby family, had informed the Dallas office of the FBI on July 15, 1964, that a
polygraph examination would affect Ruby's health and would be of questionable
value according to Dr. Emanuel Tanay, a Detroit psychiatrist. On that same date,
Assistant Counsel Arlen Specter discussed by telephone the polygraph examination
with Defense Counsel Joe H. Tonahill, who expressed Iris personal opinion that a
polygraph examination should be administered to Ruby. By letter dated July 15,
1964, Dallas District Attorney Henry Wade requested that the polygraph
examination cover the issue of premeditation as well as the defensive theories
in the case.
Against this background, it was decided that a representative of the
Commission would travel to Dallas to determine whether Jack Ruby wanted to take
the polygraph test. Since Ruby had frequent changes in attorneys and because he
was presumed to be sane, the final decision on the examination was his,
especially in view of his prior personal insistence on the test. In the jury
conference room at the Dallas jail on July 18, Assistant Counsel Arlen Specter,
representing the Commission, informed Chief Defense Counsel Clayton Fowler,
co-Counsel Tonahill and Assistant District Attorney William F. Alexander that
the Commission was not insisting on or even requesting that the test be taken,
but was merely fulfilling its commitment to make the examination available. In
the event Ruby had changed his mind and would so state for the record, that
would conclude the issue as far as the Commission was concerned.
Chief Defense Counsel Fowler had objected to the test. He conferred with Jack
Ruby in his cell and then returned stating that Ruby insisted on taking the
examination. Mr. Fowler requested that (1) Dr. Tanay, the Detroit psychiatrist,
be present; (2) the results of the test not be disclosed other than to the
Commission; (3) the questions to be asked not be disclosed to the District
Attorney's office; and (4) the results of the test be made available to defense
counsel. Sheriff William Decker announced his intention to have Allan L. Sweatt,
his chief criminal deputy who was also a polygraph operator, present to maintain
custody of Jack Ruby while the examination was being administered. Assistant
District Attorney Alexander requested a list of questions, a copy of the
recording made by the polygraph machine and a copy of the report interpreting
the test. In response to the numerous requests, the procedure was determined
that the questions to be asked of Ruby would be discussed in a preliminary
session in the presence of defense counsel, the assistant district attorney and
Chief Jailer E. L. Holman, who was to replace Sweatt. The assistant district
attorney would not be present when Ruby answered the questions, but Jailer
Holman was allowed to remain to retain custody of Ruby. No commitment was made
on behalf of the Commission as to what disclosure would be made of the results
of the examination. Since Dr. Tanay was not in Dallas and therefore could not be
present, arrangements were made to have in attendance Dr. William R. Beavers, a
psychiatrist who had previously examined and evaluated Ruby's mental state.
At the conclusion of the lengthy preliminary proceedings, Ruby entered the
jury conference room at 2:23 p. m. and was informed that the Commission was
prepared to fulfill its commitment to offer him a polygraph examination, but was
not requesting the test. On behalf of the Commission, Assistant Counsel Specter
warned Ruby that anything he said could be used against him. Chief Defense
Counsel Fowler advised Ruby of his objections to the examination. Ruby then
stated that he wanted the polygraph examination conducted and that he wanted the
results released to the public as promptly as possible. Special Agent Bell P.
Herndon, polygraph operator of the FBI, obtained a written "consent to interview
with polygraph" signed by Jack Ruby. Herndon then proceeded to administer the
polygraph examination by breaking the questions up into series which were
ordinarily nine questions in length and consisted of relevant interrogatories
and control questions.
Q. Did you know Oswald before November 22, 1963? From those testing devices, it is possible to measure psychological or
emotional stress. This testing device is the product of observation by
psychologists and physiologists who noted certain physiological responses when
people lie. In about 1920 law enforcement officials with psychological and
physiological training initiated the development of the instrument to serve as
an investigative aid. The polygraph may record responses indicative of
deception, but it must be carefully interpreted. The relevant questions, as to
which the interrogator is seeking to determine whether the subject is
falsifying, are compared with control questions where the examiner obtains a
known indication of deception or some expected emotional response. In evaluating
the polygraph, due consideration must be given to the fact that a physiological
response may be caused by factors other than deception, such as fear, anxiety,
nervousness, dislike, and other emotions. There are no valid statistics as to
the reliability of the polygraph. FBI Agent Hemdon testified that,
notwithstanding the absence of percentage indicators of reliability, an informed
judgment may be obtained from a well-qualified examiner on the indications of
deception in a normal person under appropriate standards of administration.
Ordinarily during a polygraph examination only the examiner and the examinee
are present. It is the practice of the FBI, however, to have a second agent
present to take notes. lt is normally undesirable to have other people present
during the polygraph examination because the examinee may react emotionally to
them. Because of the numerous interested parties involved in Ruby's polygraph
examination, there were present individuals representing the Commission and the
Dallas district attorney, as well as two defense counsel, two FBI agents, the
chief jailer, the psychiatrist, and the court reporter, although the assistant
district attorney and one defense counsel left when Ruby was actually responding
to questions while the instrument was activated. Ruby was placed in a position
where there was a minimum of distraction for him during the test. He faced a
wall and could not see anyone except possibly through secondary vision from the
side. Agent Herndon expressed the opinion that Ruby was not affected by the
presence of the people in the room.
Answer by Ruby to certain irrelevant control questions suggested an attempt
to deceive on those questions. For example, Ruby answered "No" to the question
"While in the service did you receive any disciplinary action?" His reaction
suggested deception in his answer. Similarly, Ruby's negative answer to the
query "Did you ever overcharge a customer?" was suggestive of deception. Ruby
further showed an emotional response to other control questions such as "Have
you ever been known by another name" "Are you married?" "Have you ever served
time in jails?" "Are your parents alive?" "Other than what you told me, did you
ever hit anyone with any kind of a weapon?" Herndon concluded that. the absence
of any physiological response on the relevant questions indicated that there was
no deception.
An accurate evaluation of Ruby's polygraph examination depends on whether he
was psychotic. Since a psychotic is divorced from reality, the polygraph
tracings could not be logically interpreted on such an individual. A psychotic
person might believe a false answer was true so he would not register an
emotional response characteristic of deception as a normal person would. If a
person is so mentally disturbed that he does not understand the nature of the
questions or the substance of his answers, then no validity can be attached to
the polygraph examination. Herndon stated that if a person, on the other hand,
was in touch with reality, then the polygraph examination could be interpreted
like any other such test.
Based on his previous contacts with Ruby and from observing him during the
entire polygraph proceeding, Dr. William R. Beavers testified as follows:
In the greater proportion of the time that he answered the questions, I
felt that he was aware of the questions and that he understood them, and that he
was giving answers based on an appreciation of reality.
Dr. Beavers further stated that he had previously diagnosed Ruby a
"psychotic depressive. "
Based on the assumption that Ruby was a "psychotic depressive," Herndon
testified:
There would be no validity to the polygraph examination, and no
significance should be placed upon the polygraph charts.
Considering other phases of Dr. Beavers' testimony, Herndon stated:
Well, based on the hypothesis that Ruby was mentally competent and sound,
the charts could be interpreted, and if those conditions are fact, the charts
could be interpreted to indicate that there was no area of deception present
with regard to his response to the relevant questions during the polygraph
examination.
In stating his opinion that Ruby was in touch with reality and
understood the questions and answers, Dr. Beavers excepted two questions where
he concluded that Ruby's underlying delusional state took hold. Those questions
related to the safety of Ruby's family and his defense counsel. While in the
preliminary session Ruby had answered those questions by stating that he felt
his family and defense counsel were in danger, he did not answer either question
when the polygraph was activated. Dr. Beavers interpreted Ruby's failure to
answer as a reflection of "internal struggle as to just what was reality." In
addition, Dr. Beavers testified that the test was not injurious to Ruby's mental
or physical condition.
Because Ruby not only volunteered but insisted upon taking a polygraph
examination, the Commission agreed to the examination. FBI Director J. Edgar
Hoover commented on the examination as follows:
It should be pointed out that the polygraph, often referred to as "lie
detector" is not in fact such a device. The instrument is designed to record
under proper stimuli emotional responses in the form of physiological variations
which may indicate and accompany deception. The FBI feels that the polygraph
technique is not sufficiently precise to permit absolute judgments of deception
or truth without qualifications. The polygraph technique has a number of
limitations, one of which relates to the mental fitness and condition of the
examinee to be tested.
During the proceedings at Dallas, Texas, on July 18, 1964, Dr. William
R. Beavers, a psychiatrist, testified that he would generally describe Jack Ruby
as a "psychotic depressive." In view of the serious question raised as to Ruby's
mental condition, no significance should be placed on the polygraph examination
and it should be considered non conclusive as the charts cannot be relied upon.
Having granted Ruby's request for the examination, the Commission is
publishing the transcript of the hearing at which the test was conducted and the
transcript of the deposition of the FBI polygraph operator who administered the
test. The Commission did not rely on the results of this examination in reaching
the conclusions stated in this report.
Appendix XVII - Polygraph Examination of Jack Ruby
Preliminary Arrangements
As early as December of 1963, Jack Ruby
expressed his desire to be examined with a polygraph, truth serum, or any other
scientific device which would test his veracity. The attorneys who defended Ruby
in the State criminal proceedings in Texas agreed that he should take a
polygraph examination to test any conspiratorial connection between Ruby and
Oswald. To obtain such a test, Ruby's defense counsel filed motions in court and
also requested that the FBI administer such an examination to Ruby. During the
course of a psychiatric examination on May 11, 1964, Ruby is quoted as saying:
"I want to tell the truth. I want a polygraph..." In addition, numerous letters
were written to the President's Commission on behalf of Ruby requesting a
polygraph examination.
MR. TONAHILL
[Defense Counsel]. Don't worry about that, Jack.
MR. RUBY. Just a minute,
gentlemen.
CHIEF JUSTICE WARREN. You wanted to ask something, did you, Mr.
Ruby?
MR. RUBY. I would like to be able to get a lie detector test or truth
serum of what motivated me to do what I did at that particular time, and it
seems as you get further into something, even though you know what you did, it
operates against you somehow, brain washes you, that you are weak in what you
want to tell the truth about and what you want to say which is the truth. Now
Mr. Warren, I don't know if you got any confidence in the lie detector test and
the truth serum, and so on.
CHIEF JUSTICE WARREN. I can't tell you just how
much confidence I have in it, because it depends so much on who is taking it,
and so forth. But I will say this to you, that if you and your counsel want any
kind of test, I will arrange it for you. I would be glad to do that, if you want
it. I wouldn't suggest a lie detector test to testify the truth. We will treat
you just the same as we do any other witness, but if you want such a test, I
will arrange for it.
MR. RUBY. I do want it. Will you agree to that,
Joe?
MR. TONAHILL. I sure do, Jack.
Throughout Ruby's testimony before the Commission, he repeated his
request on numerous occasions that he be given an opportunity to take a lie
detector test. Ruby's insistence on taking a polygraph examination is reflected
right to the end of the proceedings where in the very last portion of the
transcribed hearings Ruby states:
CHIEF
JUSTICE WARREN. That we will do for you.
Following Ruby's insistence on a polygraph test, the Commission
initiated arrangements to have the FBI conduct such an examination. A detailed
set of questions was prepared for the polygraph examination, which was set for
July 16, 1964. A few days before the scheduled test, the Commission was informed
that Ruby's sister, Eva Grant, and his counsel, Joe H. Tonahill, opposed the
polygraph on the ground that psychiatric examinations showed that his mental
state was such that the test would be meaningless.
Administration of the Test
During the course of the polygraph
examination Jack Ruby answered the relevant, questions as follows:
A. No.
Q. Did
you assist Oswald in the assassination?
A. No.
Q. Are you now a member
of the Communist Party?
A. No.
Q. Have you ever been a member of the
Communist Party?
A. No.
Q. Are you now a member of any group that
advocates the violent overthrow of the United States Government?
A. No.
Q. Have you ever been a member of any group that advocates violent overthrow
of the United States Government?
A. No.
Q. Between the assassination and
the shooting, did anybody you know tell you they knew Oswald?
A. No.
Q.
Aside from anything you said to George Senator on Sunday morning, did you ever
tell anyone else that you intended to shoot Oswald?
A. No.
Q. Did you
shoot Oswald in order to silence him?
A. No.
Q. Did you first decide to
shoot Oswald on Friday night?
A. No.
Q. Did you first decide to shoot
Oswald on Saturday morning?
A. No.
Q. Did you first decide to shoot
Oswald on Saturday night?
A. No.
Q. Did you first decide to shoot Oswald
on Sunday Morning?
A. Yes.
Q. Were you on the sidewalk at the time
Lieutenant Pierce's car stopped on the ramp exit?
A. Yes.
Q. Did you
enter the jail by walking through an alleyway?
A. No.
Q. Did you walk
past the guard at the time Lieutenant Pierce's car was parked on the ramp exit?
A. Yes.
Q. Did you talk with any Dallas police officers on Sunday,
November 24, prior to the shooting of Oswald?
A. No.
Q. Did you see the
armored car before it entered the basement?
A. No.
Q. Did you enter the
police department through a door at the rear of the east side of the jail?
A. No.
Q. After talking to Little Lynn did you hear any announcement
that Oswald was about to be moved?
A. No.
Q. Before you left your
apartment Sunday morning, did anyone tell you the armored car was on the way to
the police department?
A. No.
Q. Did you get a Wall Street Journal at the
Southwestern Drug Store during the week before the assassination?
A. No.
Q. Do you have any knowledge of a Wall Street Journal addressed to Mr. J. E.
Bradshaw?
A. No.
Q. To your knowledge, did any of your friends or did
you telephone the FBI in Dallas between 2 or 3 a. m. Sunday morning?
A. No.
Q. Did you or any of your friends to your knowledge telephone the sheriff's
office between 2 or 8 a. m. Sunday morning?
A. No.
Q. Did you go to the
Dallas police station at any time on Friday, November 22, 1963, before you went
to the synagogue?
A. No.
Q. Did you go to the synagogue that Friday
night?
A. Yes.
Q. Did you see Oswald in the Dallas jail on Friday nigh?
A. Yes.
Q. Did you have a gun with you when you went to the Friday
midnight press conference at the jail?
A. No.
Q. Is everything you told
the Warren Commission the entire truth?
A. Yes.
Q. Have you ever
knowingly attended any meetings of the Communist Party or any other group that
advocates violent overthrow of the Government?
A. No.
Q. Is any member
of your immediate family or any close friend, a member of the Communist Party?
A. No.
Q. Is any member of your immediate family or any close friend a
member of any group that advocates the violent overthrow of the Government?
A. No.
Q. Did any close friend or any member of your immediate family
ever attend a meeting of the Communist Party?
A. No.
Q. Did any close
friend or any member of your immediate family ever attend a meeting of any group
that advocates the violent, overthrow of the Government?
A. No.
Q. Did
you ever meet Oswald at your post office box?
A. No.
Q. Did you use your
post office mailbox to do any business with Mexico or Cuba?
A. No.
Q.
Did you do business with Castro-Cuba?
A. No.
Q. Was your trip to Cuba
solely for pleasure?
A. Yes.
Q. Have you now told us the truth
concerning why you carried $2, 200 in cash on you?
A. Yes.
Q. Did any
foreign influence cause you to shoot Oswald?
A. No.
Q. Did you shoot
Oswald because of any influence of the underworld?
A. No.
Q. Did you
shoot Oswald because of a labor union influence?
A. No.
Q. Did any
long-distance telephone calls which you made before the assassination of the
President have anything to do with the assassination?
A. No.
Q. Did any
of your long-distance telephone calls concern the shooting of Oswald?
A. No.
Q. Did you shoot Oswald in order to save Mrs. Kennedy the ordeal of a trial?
A. Yes.
Q. Did you know the Tippit that was killed?
A. No.
Q.
Did yon tell the truth about relaying the message to Ray Brantley to get
McWillie a few guns?
A. Yes.
Q. Did you go to the assembly room on
Friday night to get the telephone number of KLIF?
A. Yes.
Q. Did you
ever meet with Oswald and Officer Tippit at your club?
A. No.
Q. Were
you at the Parkland Hospital at any time on Friday?
A. No.
Q. Did you
say anything when you shot Oswald other than what you've testified about?
A.
No.
Q. Have members of your family been physically harmed because of what
you did?
A. No.
Q. Do you think members of your family are now in danger
because of what you did? (No response.)
Q. Is Mr. Fowler in danger because
he is defending you?
(No response.)
Q. Did "Blackie" Hanson speak to you
just before you shot Oswald?
A. No.
Interpretation of the Test
A polygraph examination is designed to detect
physiological responses to stimuli in a carefully controlled interrogation. Such
responses may accompany and indicate deception. The polygraph instrument derives
its name from the Greek derivative "poly" meaning many and the word "graph"
meaning writings. The polygraph chart writings consist of three separate
markings placed on a graph reflecting three separate physiological reactions. A
rubber tube is placed around the subject's chest to record his breathing pattern
on a pneumograph. That device records the respiratory ratio of inhalation and
exhalation strokes. The second component is called a galvanic skin response
which consists of electrodes placed on the examinee's fingers, through which a
small amount of electrical current is passed to the skin. The galvanometer
records the minute changes in electrical skin response. The third component
consists of a cardiograph which is a tracing obtained by attaching a pneumatic
cuff around the left arm in a manner very similar to an apparatus which takes
blood pressure. When the cuff is inflated, that device records relative blood
pressures or change in the heart rate.