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http://www.cnn.com/2012/07/08/justice/c ... econd-gun/" onclick="window.open(this.href);return false;
RFK assassination witness willing to testify for Sirhan Sirhan's lawyers
By Brad Johnson and Michael Martinez, CNN
updated 11:30 AM EDT, Mon July 9, 2012
Watch this video
Her Story: RFK assassination witness
STORY HIGHLIGHTS
Nina Rhodes-Hughes agrees, if called, to testify about a second shooter
Rhodes-Hughes: Sirhan Sirhan was not the only shooter in the pantry
Sirhan was the only person charged and convicted in RFK assassination
Witness says FBI altered her account of RFK shooting
Los Angeles (CNN) -- A woman who witnessed the 1968 assassination of Robert F. Kennedy says she has agreed to testify for Sirhan Sirhan's new defense team.
Nina Rhodes-Hughes insists Sirhan was not the only gunman firing shots when Sen. Kennedy was murdered only a few feet away from her at a Los Angeles hotel. She says there were two guns firing from separate positions and that authorities altered her account of the crime.
"What has to come out is that there was another shooter to my right," Rhodes-Hughes has told CNN. "The truth has got to be told. No more cover-ups."
As a federal court has been preparing to rule on Sirhan's current legal challenge to his conviction in the Kennedy murder, Rhodes-Hughes says she has been contacted by Sirhan's lead defense lawyer, New York attorney William Pepper. "He asked me if indeed I would testify that there was another shooter and I said yes, I would," she said. Rhodes-Hughes says she has not been contacted by the California attorney general's office, which represents the other side in the Sirhan federal court case.
Previously reported
RFK assassination witness tells CNN: There was a second shooter
Attorneys for RFK convicted killer Sirhan push 'second gunman' argument
Prosecutors, attorneys argue: Was there a second gunman in RFK assassination?
Prosecutors rebut convicted RFK assassin's claims in freedom quest
Convicted RFK assassin Sirhan Sirhan seeks prison release
Convicted RFK assassin denied parole
Sirhan Sirhan, convicted RFK assassin, to face parole board
Rhodes-Hughes has described for CNN various details of the June 1968 assassination as well as her long frustration with the official reporting of her witness account and her reasons for speaking out 44 years later: "I think to assist me in healing -- although you're never 100% healed from that. But more important to bring justice.
"For me it's hopeful and sad that it's only coming out now instead of before -- but at least now instead of never," said the former Los Angeles resident now living near Vancouver, British Columbia, in Canada.
Sirhan, the only person arrested, tried and convicted in the shooting of Robert Kennedy and five other people, is serving a life sentence at Pleasant Valley State Prison in Coalinga, California.
The U.S. District Court in Los Angeles is set to rule on a request by Sirhan, now 68, that he be released, retried or granted a hearing on new evidence, including Rhodes-Hughes' firsthand account.
At his 1969 trial, Sirhan's original defense team never contested the prosecution's case that Sirhan was the one and only shooter in Kennedy's assassination. Sirhan testified at his trial that he had killed Kennedy "with 20 years of malice aforethought." He was convicted and sentenced to death, which was reduced to life in prison in 1972.
After the trial, Sirhan recanted his courtroom confession.
Was there a second RFK shooter?
Sirhan Sirhan's federal case
Convicted RFK assassin awaits ruling
In recent federal court filings, state prosecutors led by California Attorney General Kamala Harris argued that even if there was a second gunman involved in the Kennedy shooting, Sirhan hasn't proven his innocence and he's still guilty of murder under California's "vicarious liability" law. Sirhan's new legal team disputes Harris' assertion concerning the state statute.
The current battle has prosecutors and Sirhan's lawyers engaging directly the merits of new evidence -- as well as witness recollections such as Rhodes-Hughes' account -- never before argued in court.
The particular clash over Rhodes-Hughes was triggered five months ago by prosecutors under the attorney general when they contended that Rhodes-Hughes had told the FBI she heard no more than eight gunshots during the assassination. In court papers filed in February, Harris' prosecutors argued that Rhodes-Hughes was among several witnesses reporting "that only eight shots were fired and that all these shots came from the same direction."
Three weeks later, Sirhan's lawyers challenged those assertions in a response also filed in federal court in Los Angeles. The defense team led by William Pepper contended that the FBI misrepresented Rhodes-Hughes' witness account and that she actually had heard a total of 12 to 14 shots fired.
"She identified fifteen errors including the FBI alteration which quoted her as hearing only eight shots, which she explicitly denied was what she had told them," Sirhan's lawyers argued in February, citing a previously published statement from Rhodes-Hughes in which she stated, "I heard 12-14 shots, some originating in the vicinity of the Senator [and] not where I saw Sirhan."
The FBI and the California attorney general's office have both declined comment to CNN on the controversy over Rhodes-Hughes' witness account since the matter is now being reviewed by a federal judge.
When the dispute over her account erupted in February, CNN sought out Rhodes-Hughes for comment, eventually locating her in March in the Vancouver area.
Rhodes-Hughes, now 78, told CNN that she was a television actress working as a volunteer fundraiser for Kennedy's presidential campaign and that she had been invited to the Ambassador Hotel to celebrate, along with the senator and hundreds of his supporters, his anticipated victory in the June 4, 1968, California primary election. She said she witnessed the Kennedy shooting shortly after midnight on June 5 inside a hotel kitchen service pantry.
The FBI report indicates that she was indeed inside the hotel pantry during the crucial moments of the Kennedy shooting, but Rhodes-Hughes contends the bureau got details of her story wrong, including her assertions about the number of shots fired and where the shots were fired from.
Rhodes-Hughes tells CNN she informed authorities in 1968 that the number of gunshots she counted in the kitchen pantry exceeded eight -- which would have been more than the maximum Sirhan could have fired -- and that some of the shots came from a location in the pantry other than Sirhan's position.
The 42-year-old Kennedy was the most seriously wounded of the six people shot inside the pantry only moments after the New York senator had claimed victory in California's Democratic presidential primary. The presidential candidate died the next day; the other victims survived.
The Los Angeles County coroner determined that three bullets struck Kennedy's body and a fourth passed harmlessly through his clothing. Police and prosecutors declared the four bullets were among eight fired by Sirhan acting alone.
Rhodes-Hughes told CNN the FBI's eight-shot claim is "completely false." She says the bureau "twisted" things she told two FBI agents when they interviewed her as an assassination witness in 1968, and she says state Attorney General Harris and her prosecutors are simply "parroting" the bureau's report.
"I never said eight shots. I never, never said it," Rhodes-Hughes told CNN. "But if the attorney general is saying it then she's going according to what the FBI chose to put into their report."
"There were more than eight shots," Rhodes-Hughes said. She says that during the FBI interview in her Los Angeles home, one month after the assassination, she told the agents that she'd heard 12 to 14 shots. "There were at least 12, maybe 14. And I know there were because I heard the rhythm in my head," Rhodes-Hughes said. She says she believes senior FBI officials altered statements she made to the agents to "conform with what they wanted the public to believe, period."
"When they say only eight shots, the anger within me is so great that I practically -- I get very emotional because it is so untrue. It is so untrue," she said.
Contacted by CNN for comment, Sirhan lawyer William Pepper called the alleged FBI alteration of Rhodes-Hughes' story "deplorable" and "criminal" and said it "mirrors the experience of other witnesses."
Other witnesses also mentioned more than eight shots
Law enforcement investigators have always maintained that only eight shots were fired in the RFK assassination, all of them by Sirhan. His small-caliber handgun could hold eight bullets, but no more.
But released witness interview summaries show at least four other people told authorities in 1968 that they heard what could have been more than eight shots. The following four witness accounts appear not in FBI reports but in Los Angeles Police Department summaries:
-- Jesse Unruh, who was speaker of the California Assembly at the time, told police that he was within 20 to 30 feet behind Kennedy when suddenly he heard a "crackle" of what he initially thought were exploding firecrackers. "I don't really quite remember how many reports there were," Unruh told the LAPD. "It sounded to me like somewhere between 5 and 10."
-- Frank Mankiewicz, who had been Kennedy's campaign press secretary, told police that he was trying to catch up to the senator when he suddenly heard sounds that also seemed to him to be "a popping of firecrackers." When an LAPD detective asked Mankiewicz how many of the sounds he'd heard, he answered: "It seemed to me I heard a lot. If indeed it had turned out to have been firecrackers, I probably would have said 10. But I'm sure it was less than that."
-- Estelyn Duffy LaHive, who had been a Kennedy supporter, told police that she was standing just outside the kitchen pantry's west entrance when the shooting erupted. "I thought I heard at least about 10 shots," she told the LAPD.
-- Booker Griffin, another Kennedy supporter, told police that he had just entered the pantry through its east entrance and suddenly heard "two quick" shots followed by a slight pause and then what "sounded like it could have been 10 or 12" additional shots.
An analysis of a recently uncovered tape recording of the shooting detected what an expert said was at least 13 shot sounds erupting over a period of less than six seconds. The audiotape was recorded at the Ambassador Hotel by free-lance newspaper reporter Stanislaw Pruszynski and is the only known soundtrack of the assassination.
Audio expert Philip Van Praag told CNN that his analysis establishes the Pruszynski recording as authentic and the 13 sounds electronically detected on the tape as gunshots.
"The gunshots are established by virtue of my computer analysis of waveform patterns, which clearly distinguishes gunshots from other phenomena," Van Praag said. "This would include phenomena that to human hearing are often perceived as exploding firecrackers, popping camera flashbulbs or bursting balloons."
The Pruszynski recording is now a major point of controversy among the new evidence being argued between the two sides in the Sirhan federal court case.
California Attorney General Harris contends that Van Praag's findings amount to an "interpretation or opinion" that is not universally accepted by acoustic experts. However other audio experts have reported finding more than eight gunshots in Stanislaw Pruszynski's recording.
In 2005, Spence Whitehead of Atlanta told CNN that he had located "at least 9, possibly 11 shot sounds" captured by Pruszynski's audiotape of the Kennedy shooting.
A 2007 Investigation Discovery Channel television documentary reported that Wes Dooley and Paul Pegas of Pasadena, California, along with their colleague Eddy B. Brixen of Copenhagen, Denmark, had located "at least ten" shots in Pruszynski's recording of the kitchen pantry gunfire.
2nd read
• News • Stories • 2014 • July • FBI, Interpol Host Critical Infrastructure Symposium
Director Comey Speaks at WMD Critical Infrastructure Symposium in Miami
FBI Director James Comey speaks at the International Law Enforcement Critical Infrastructure Symposium in Miami on July 7, 2014.
FBI, Interpol Host Critical Infrastructure Symposium
Director Comey Addresses the Importance of Partnerships
07/08/14
FBI Director James Comey was in Miami yesterday, where he spoke at the opening of the four-day International Law Enforcement Critical Infrastructure Symposium. The event, co-hosted by the FBI’s Weapons of Mass Destruction (WMD) Directorate and Interpol, has drawn senior law enforcement officials from more than 90 countries to explore and share best practices for managing WMD and counterterrorism threats targeted against critical infrastructure and to identify common approaches to protect infrastructure and key resources.
Also participating in the symposium are domestic first responders, corporate security officers, and other U.S. federal partners.
“Today, critical infrastructure is all encompassing,” said Director Comey. “It is everything to our country and our world—our dams, our bridges, our highways, our networks,” he added, explaining that the threats we face to our interconnected systems—such as bioterrorism, agroterrorism, and sabotage—are as diverse as our infrastructure itself.
Comey cited examples of threats to infrastructure, to include the armed assault last April on a California power station, the 2008 attack in Mumbai in which gunmen opened fire at a number of locations, and last year’s deadly shootings at a Kenyan shopping mall. He also noted the ninth anniversary of the July 7, 2013 strikes by terrorists who bombed the London Underground and a double-decker bus in a series of coordinated suicide attacks.
“We know these threats are real,” Comey told the audience. “We must together figure out ways to protect our infrastructure, to work together to strengthen our response to a terrorist attack, a tragic accident, or a natural disaster.”
While touching on topics ranging from terrorism, cyber, and WMD threats to training, partnerships, and intelligence, Comey’s theme throughout underscored the importance of open communication and information sharing with our partners in the U.S. and abroad.
Interpol, as an international police organization, is an important partner on which the Bureau relies heavily to help combat threats of all types. The FBI, through its liaison with Interpol, is able to leverage 190 member countries to address challenges around the globe—a very important ability in a constantly evolving global threat environment.
Comey also highlighted the work of our WMD Directorate, each FBI field office’s WMD coordinator, and our two regional WMD assistant legal attachés in Tbilisi and Singapore. “They integrate our counterterrorism, intelligence, counterintelligence, scientific, and technological components and provide timely analysis of the threat and response,” Comey said. “The goal is to shrink the world to respond to the threat.”
The symposium provides the opportunity for participants to help work toward that goal. Through networking and discussions on how to coordinate and cooperate on critical infrastructure preparedness and protection efforts, attendees will strengthen existing partnerships and develop new ones. By rallying the international community around defeating a common threat, our collective chances of success increase.
Director Comey said that our greatest weapon in this fight is unity, which is developed through intelligence sharing and interagency cooperation. “It is built on the idea that standing together, we are smarter and stronger than when we are standing alone,” he said. “Because no one person—no FBI agent, no police officer, no agency, and no country—can prevent or respond to an attack on critical infrastructure alone.”