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<v Speaker 1>What is up everybody, Corey Hughes Bloody History coming back

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<v Speaker 1>at you with more of the David Ferry file, file

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<v Speaker 1>number three according to the documents. So let me see,

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<v Speaker 1>we got about one hundred pages to go. It'll probably

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<v Speaker 1>take two or three more days to wrap this up.

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<v Speaker 1>Besides this file, there is Once we get done with this,

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<v Speaker 1>we'll have completed all four hundred plus pages. The beginning

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<v Speaker 1>of this I did like two years ago, so you

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<v Speaker 1>have to go back through the old episodes to find

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<v Speaker 1>the beginning of this file. I'm surprised it took me

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<v Speaker 1>so long to get around to wrapping this thing up,

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<v Speaker 1>considering David Ferry is like one of my primary focuses.

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<v Speaker 1>So there's another file. It's about three hundred and fifty pages.

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<v Speaker 1>We'll cover that. We might just do it next and

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<v Speaker 1>knock it out. I don't know. I'll dig it up.

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<v Speaker 1>I don't know how much overlap there is. There might

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<v Speaker 1>be some duplication between the two files. It's not a

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<v Speaker 1>completely separate file. It has a lot of stuff in it,

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<v Speaker 1>minus a lot of the Eastern Airlines stuff. So I'll

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<v Speaker 1>dig that up and we'll get to that after this,

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<v Speaker 1>maybe not immediately. I'll maybe I'll find something else to

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<v Speaker 1>jump into. I kind of just picked these based on

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<v Speaker 1>whatever I'm interested in that day, because remember this podcast

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<v Speaker 1>is me researching and you researching along with me, right,

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<v Speaker 1>So today we're going to pick up where we left off.

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<v Speaker 1>We have a memorandum here. I don't know if we're

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<v Speaker 1>done with the Eastern Airlines documentation. We might be, we

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<v Speaker 1>might not be. I'm not sure, but all this stuff

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<v Speaker 1>really revolves around that era. So here we go. Memorandum

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<v Speaker 1>April nineteenth, nineteen sixty seven to Jim Garrison from Andrew Sciambra,

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<v Speaker 1>Assistant District Attorney. He was an employee of Garrison Reference

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<v Speaker 1>Special Investigation. Al Landry interview with I talked with A.

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<v Speaker 1>Landry at the New Orleans Athletic Club in the presence

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<v Speaker 1>of Beau le Moyne, Perry Russo, Jim Alcock, Charlie Ward,

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<v Speaker 1>and Lou Ivan, and it says in parentheses, this was

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<v Speaker 1>during your visit to Las Vegas. Al Landry told me

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<v Speaker 1>that he first met David Ferry in nineteen sixty. He

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<v Speaker 1>said that he was in the Cap in fifty nine

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<v Speaker 1>and sixty and that at the time he was around

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<v Speaker 1>fifteen years old. Landry said that Ferry was second in

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<v Speaker 1>command in the cap and then a man named Morrell

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<v Speaker 1>was in command. M R R. E LLL. Ferry at

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<v Speaker 1>that time lived at the three point thirty one Atherton Drive, Metorie,

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<v Speaker 1>Louisiana address. Landry stated that his mother also lived in

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<v Speaker 1>the house. That's interesting. This is really the first time

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<v Speaker 1>I'm realizing this. M. Landry said that Leyton Martins used

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<v Speaker 1>to stay there for two and three months at a time.

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<v Speaker 1>Landry said to some of the people in the squadron

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<v Speaker 1>at the time were Droe Pettini, Joe Howard, Carl Costa,

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<v Speaker 1>Scott Sainz, Donnie Richards, Butch, marsh Al Sharem, Mike Cruschet,

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<v Speaker 1>Johnny Espinnin Price, somebody named Price no first name lighton Martin's,

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<v Speaker 1>Jim Landry, whose father was a mechanic for Eastern Airlines,

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<v Speaker 1>Johnny Johnston, and Rodney Williams. So Jim and Al Landry

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<v Speaker 1>are not related, now that we've got that clarified. Landry

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<v Speaker 1>said that Ferry has hypnotized him twice and that he

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<v Speaker 1>can remember. He also said that Ferry never did take

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<v Speaker 1>him out of the country, but he did leave home

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<v Speaker 1>of his own accord around nineteen sixty. Landry said he

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<v Speaker 1>met Ferry in the Balter building when he came back

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<v Speaker 1>in from out of town. Landry said he went into

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<v Speaker 1>the service in sixty two and was in the service

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<v Speaker 1>until well after the assassination. He says he knows Arcacha,

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<v Speaker 1>but does not know Julian Buzznado. That's from Andrews Scamber.

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<v Speaker 1>All right. Next page looks like a photocopy of a

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<v Speaker 1>couple pages from a notebook. He's the spiral thing in

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<v Speaker 1>the middle. It's got a bunch of dates and numbers here.

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<v Speaker 1>I'm not sure exactly what these are. Maybe coordinates, I'm

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<v Speaker 1>not sure. Maybe it's a photocopy from David Faerriy's book.

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<v Speaker 1>All right. Next is a page with it's got a

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<v Speaker 1>list of names and then it's got total class dates

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<v Speaker 1>and something. It kind of almost looks like a like

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<v Speaker 1>a military roster document. I'm looking at the names here,

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<v Speaker 1>I don't really see anything. See any that jump out

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<v Speaker 1>as relevant to the investigation. Kenneth arch and Skipper, Allen Gerald, Orio,

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<v Speaker 1>Frank Ben Foddy, Tom Baker, Bob Baker, Carlos Bertat, Jeremy Brown,

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<v Speaker 1>Brian Birch, Bobby Carbahaal Willhelm, colmbe, Charles Coolan, Neil Couvian,

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<v Speaker 1>and James Kuran. Got a couple more as I scrolled down,

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<v Speaker 1>Philip Dio, Grassius, Darvin, decant Or, d E. S c

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<v Speaker 1>A n T, Keith Dufour, Cyril DuPont, Richard Dus, d

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<v Speaker 1>u E S s E Jesse, Estapa, Charlie. I can't read.

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<v Speaker 1>The last name begins with an F E FOA set

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<v Speaker 1>f E w A s E T. Maybe Howard, Philby,

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<v Speaker 1>John Flynn, Johnny Freelich, Don Fletterich, Tim George, Charles, George George, George, Harvey, Gustafsson,

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<v Speaker 1>Spinando frayn Uh Coral Curls, Porsche, somebody else Porsche. Can't

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<v Speaker 1>read that somebody named best. All right, So we got

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<v Speaker 1>page upon page of these names. I'm not gonna none

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<v Speaker 1>of them jump out as to me as significant, so

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<v Speaker 1>I will continue on. There's really there's not even a

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<v Speaker 1>notation of what this is. There's a number here at

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<v Speaker 1>the bottom with in parentheses Loyola. I don't know what

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<v Speaker 1>that's referring to. I don't think this is a school roster.

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<v Speaker 1>There's some kind of class something, because it hasn't everyone

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<v Speaker 1>passed with an S like satisfactory and a date. Yeah,

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<v Speaker 1>I don't know what the fuck this is. It must

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<v Speaker 1>be something related to David Ferry, because it's surrounded by

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<v Speaker 1>pages of hand notes, handwritten notes in a spiral notebook.

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<v Speaker 1>The notes are pretty erratic. Here it looks like it

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<v Speaker 1>has some drawing, some rectangles with a bunch of circles

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<v Speaker 1>in and then it has some math. He was doing

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<v Speaker 1>some math on this page, and then some miscellaneous names

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<v Speaker 1>and stuff written over it like it's all really just

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<v Speaker 1>a bunch of scribbles. Who knows what the hell any

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<v Speaker 1>of this means. There's nothing really cohesive about it. Then

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<v Speaker 1>here we have another list list of what I don't know,

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<v Speaker 1>and then he says written on it says I make

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<v Speaker 1>my own flight school. And then it says where underlined,

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<v Speaker 1>So he's writing out some kind of plans last week champion,

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<v Speaker 1>and then champion is underlined. Beneath that it says offense

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<v Speaker 1>with a question mark in which parish did you am

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<v Speaker 1>appear before the judge? That's written there with a question mark.

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<v Speaker 1>A notation in the column says red light school speeding.

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<v Speaker 1>I don't know what that means. Next page has there's

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<v Speaker 1>a notation here Oswald and the and the numbers twelve

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<v Speaker 1>dash three and the twelve dash three is circled. And

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<v Speaker 1>this looks like a drawing. It almost looks like what

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<v Speaker 1>it would look like if you were like in an amphitheater.

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<v Speaker 1>He's got a bunch of circles like probably indicating people,

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<v Speaker 1>and a bunch of long rectangles which kind of look

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<v Speaker 1>like benches set up before this stage. I can't really

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<v Speaker 1>tell which way is the top because he's got stuff

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<v Speaker 1>written from every angle here. Let me zoom out on

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<v Speaker 1>this thing if I can. Yeah, I'm gonna screenshot this

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<v Speaker 1>and post this on X so everyone can take a

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<v Speaker 1>look at it. I don't know what the hell it

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<v Speaker 1>is all about, all right, continuing on more lists, This

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<v Speaker 1>looks like a phone book. This part here looks like

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<v Speaker 1>a phone book. Doesn't have any phone numbers. Got a

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<v Speaker 1>bunch of names. It's got fo Cell and Frederick O'Sullivan.

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<v Speaker 1>So he was a masad guy who actually was a

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<v Speaker 1>cop in New Orleans who was involved with Oswald and

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<v Speaker 1>Civil Air Patrol all the way back in fifty five.

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<v Speaker 1>But this handwriting here is really really fucking neat. I

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<v Speaker 1>just don't buy that. This is fucking I just don't

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<v Speaker 1>buy that This could be fairies handwriting. It's so fucking neat.

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<v Speaker 1>Next thing down looks like a telegram or some kind

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<v Speaker 1>of letter sent. Heading is Phil Lynch Aircraft Sales Inc.

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<v Speaker 1>Sold to mister Marlos Merdia and Merda in Metairie, Louisiana.

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<v Speaker 1>Looks like a sale of an aircraft for services rendered.

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<v Speaker 1>Oh as for a service receipt for services rendered on

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<v Speaker 1>three two five one y. Also the return of any

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<v Speaker 1>tools instruments, brand new nosewheel tire Sesna one seven to

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<v Speaker 1>two spinner and raincoat payment pass due one hundred and

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<v Speaker 1>fifty dollars. That's photocopied and in there. M M all right,

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<v Speaker 1>So now we seem to be back to Eastern Airlines.

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<v Speaker 1>Eastern Airlines, let me see how many pages this goes through?

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<v Speaker 1>This here is all right? So we got like six

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<v Speaker 1>seven pages on the summary. The finality I believe of

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<v Speaker 1>the evidence against David Ferry as per Eastern Airlines. I

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<v Speaker 1>do not believe we've read this. This does not look

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<v Speaker 1>like a duplicate. It's very clean. It doesn't look like

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<v Speaker 1>anything that I've seen before. But as I'm reading it,

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<v Speaker 1>if I get some deja vus, I will let you

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<v Speaker 1>know and we can skip it. But I don't think

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<v Speaker 1>that's going to be the case. So this is a

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<v Speaker 1>chronology of events. Brief of Eastern Airlines, Inc. On grievance

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<v Speaker 1>of David Ferry. Chronology of events. On August twenty sixth,

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<v Speaker 1>nineteen sixty one, the company learned through an article in

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<v Speaker 1>the New Orleans Times Picky Union at Ferry had been

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<v Speaker 1>arrested on charges of committing a crime against nature and

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<v Speaker 1>in decent acts of juvenile boys. On August twenty ninth,

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<v Speaker 1>after unsuccessful attempts to contact Ferry, the company suspended in

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<v Speaker 1>for an indefinite period until such time as the charges

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<v Speaker 1>against Ferry are cleared. There followed a series of attempts

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<v Speaker 1>by the company to obtain some explanation from Ferry in

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<v Speaker 1>regards to those charges. Finally, on October nineteenth, nineteen sixty one,

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<v Speaker 1>Ferry sent a letter to Captain Griner based on reports

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<v Speaker 1>of reputable detectives. In quotes, the letter stated that quote

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<v Speaker 1>my problem has been traced with certainty to a highly

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<v Speaker 1>placed local official. We have positive evidence that this official

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<v Speaker 1>is a communist and has been in charge of some

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<v Speaker 1>highly important communistic activities involving the protection of communists in

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<v Speaker 1>the area. Fairry's status with Eastern was finalized in Captain

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<v Speaker 1>Griner's letter of September sixth, nineteen sixty one, to the

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<v Speaker 1>effect that quote, the company will be willing to continue

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<v Speaker 1>you on your present status until such time as final

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<v Speaker 1>determinations of these charges can be made, the time a

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<v Speaker 1>final decision as to your future employment at Eastern will

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<v Speaker 1>be made. Some eleven criminal charges were eventually brought against Ferry.

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<v Speaker 1>By letter of January eighth, nineteen sixty three, received by Eastern.

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<v Speaker 1>On January tenth, nineteen sixty three, mister Gill informed the

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<v Speaker 1>company that the last of the criminal charges against Ferry

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<v Speaker 1>had been null prost. Although no prosequi is a technical term,

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<v Speaker 1>does not finally dispose of a charge, since it can

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<v Speaker 1>be refiled without prejudice, and even though the action was

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<v Speaker 1>not final as contemplated in the Grinder letter, the company

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<v Speaker 1>elected to treat the criminal case as finalized and to

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<v Speaker 1>proceed with its investigation. In parentheses, it says the effect

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<v Speaker 1>of the noll prosequi will be discussed further in a

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<v Speaker 1>later portion of the brief. Ferry, by letter of January tenth,

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<v Speaker 1>nineteen sixty three, was directed to report to the office

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<v Speaker 1>of Captain Stone on January seventeenth, to discuss the improprieties

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<v Speaker 1>which led to your suspension and to determine what future

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<v Speaker 1>action the company will take in your case. All right,

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<v Speaker 1>so let's let's pause for a second. January tenth, nineteen

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<v Speaker 1>sixty three. Where are we at with the assassination January tenth,

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<v Speaker 1>nineteen sixty three. Well, by my calculations, it is around

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<v Speaker 1>this time, perhaps even late sixty two. I mean, the

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<v Speaker 1>sentiment had been brewing. The rumblings I'm sure had been brewing,

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<v Speaker 1>you know, for a long time, but I believe things

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<v Speaker 1>became concrete. You know. I read an article on Perman

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<v Speaker 1>dex and somebody, the person who wrote this article attributed

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<v Speaker 1>the beginning of the plot to the Spring meeting of

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<v Speaker 1>permandex A. Now, the problem I have with that is

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<v Speaker 1>that Spring starts when March twentieth, give or take. Oswald

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<v Speaker 1>had already ordered the rifle by the time Spring rolled around,

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<v Speaker 1>and so that's kind of out right. It could not

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<v Speaker 1>have been determined that late. It had to have been

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<v Speaker 1>set up prior to the ordering of the rifle. The

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<v Speaker 1>ordering of the rifle is the very first step in

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<v Speaker 1>the setup. What else was going on at that time.

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<v Speaker 1>You've got the Walker meeting, and you've got or well,

212
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<v Speaker 1>the Walker meeting with Jerry Hemming and Lauren Hall, which

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<v Speaker 1>happened in March also, right, that happened like the twenty third,

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<v Speaker 1>twenty second of March something like that. It was towards

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<v Speaker 1>the end of March. And then you had just a

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<v Speaker 1>couple of weeks later the Walker shooting on April tenth.

217
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<v Speaker 1>So all this is brewing. So where's the assassination at

218
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<v Speaker 1>January tenth? When this when ferries going through all this

219
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<v Speaker 1>shit with Eastern airlines. Well, this has to be around

220
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<v Speaker 1>the time that the plot was underway, right, It had

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<v Speaker 1>to have been starting to filter down. It had to

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<v Speaker 1>have been in a most certainly a pre planning phase.

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<v Speaker 1>People were being they were probably analyzing the people they

224
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<v Speaker 1>had in place. You know, Clay Shaw, the obvious guy,

225
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<v Speaker 1>the direct link to Permandex, centrimondiout, commercial, commercial, schlumberget who else?

226
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<v Speaker 1>The mafia right, like all that stuff. So yes, do

227
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<v Speaker 1>I think that Permandex was directly involved in the pre planning?

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<v Speaker 1>One hundred percent, without question, without question. Now it just

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00:15:32.440 --> 00:15:36.360
<v Speaker 1>comes down to timing. When did they meet or when

230
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<v Speaker 1>did they internally? Obviously it's not going to be paperwork

231
00:15:39.039 --> 00:15:40.679
<v Speaker 1>on it. It's not going to be the fact that

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<v Speaker 1>we even know that there was a meeting of the

233
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<v Speaker 1>board in uh spring of sixty three is amazing, right,

234
00:15:46.919 --> 00:15:54.399
<v Speaker 1>So it had to the plan, the actual planning itself,

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<v Speaker 1>the discussion and the decision making and the implementation of

236
00:15:58.519 --> 00:16:02.159
<v Speaker 1>action had to have started around this time, a time

237
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<v Speaker 1>prior to Faery being brought into the loop, right, So

238
00:16:07.919 --> 00:16:09.919
<v Speaker 1>they're doing that and he still has this going on,

239
00:16:10.159 --> 00:16:15.360
<v Speaker 1>and there Fairy has not been brought into the larger

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00:16:15.519 --> 00:16:18.440
<v Speaker 1>plot as of yet. Now that big brings us to

241
00:16:18.480 --> 00:16:21.960
<v Speaker 1>a bigger question, when does Ferry get brought into the plot?

242
00:16:22.159 --> 00:16:26.639
<v Speaker 1>He's obviously directly brought into it by clay Shaw clearly

243
00:16:27.000 --> 00:16:34.080
<v Speaker 1>h duh, right, And so when does that occur? That

244
00:16:34.240 --> 00:16:36.279
<v Speaker 1>is just something I'm throwing out there for everybody to

245
00:16:36.360 --> 00:16:39.600
<v Speaker 1>keep track of if we can determine when that occurred

246
00:16:39.799 --> 00:16:45.039
<v Speaker 1>at some point, So let me continue. Ferry, by letter

247
00:16:45.120 --> 00:16:47.840
<v Speaker 1>of January tenth, nineteen sixty three, was directed to report

248
00:16:47.919 --> 00:16:51.559
<v Speaker 1>to the Office of Captain Stone on January seventeenth to

249
00:16:51.639 --> 00:16:54.840
<v Speaker 1>discuss the improprieties which led to your suspension and to

250
00:16:54.960 --> 00:16:57.039
<v Speaker 1>determine what future action the company will take in your

251
00:16:57.120 --> 00:17:01.360
<v Speaker 1>case and quote. This meeting was delayed at Ferry's request,

252
00:17:01.559 --> 00:17:05.079
<v Speaker 1>and instead of attending the meeting on January seventeenth, he

253
00:17:05.160 --> 00:17:09.759
<v Speaker 1>filed Grievance fifteen sixty three. On that date. The grievance

254
00:17:09.799 --> 00:17:13.119
<v Speaker 1>alleged that Eastern violated fairies' rights by not restoring him

255
00:17:13.119 --> 00:17:16.119
<v Speaker 1>to flight status as of January ninth, nineteen sixty three.

256
00:17:16.640 --> 00:17:19.240
<v Speaker 1>It should be noted that the company's action suspending Ferry

257
00:17:19.279 --> 00:17:22.519
<v Speaker 1>in nineteen sixty one was never grieved. Thus, all the

258
00:17:22.720 --> 00:17:26.240
<v Speaker 1>pending grievances relate only to the action taken by the

259
00:17:26.319 --> 00:17:30.359
<v Speaker 1>company after January ninth, nineteen sixty three, as requested by

260
00:17:30.400 --> 00:17:33.599
<v Speaker 1>the Board. All pending grievances will be covered in this brief.

261
00:17:37.119 --> 00:17:39.799
<v Speaker 1>The second date established for the Miami meeting was January

262
00:17:39.880 --> 00:17:43.160
<v Speaker 1>twenty eighth, nineteen sixty three. This date was again postponed

263
00:17:43.240 --> 00:17:47.160
<v Speaker 1>at the request of Ferry or his representative, and the

264
00:17:47.279 --> 00:17:51.759
<v Speaker 1>first step hearing in Grievance's fifteen sixty three. It was

265
00:17:51.839 --> 00:17:56.039
<v Speaker 1>also postponed by the agreement. On February eighteenth, nineteen sixty three.

266
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<v Speaker 1>Grievance twenty nine sixty three was filed by Ferry, alleging

267
00:17:58.839 --> 00:18:01.880
<v Speaker 1>a refusal to quote air original grievance in accordance with

268
00:18:02.000 --> 00:18:06.039
<v Speaker 1>Section thirty, refusal to provide quote pilot with written specifications

269
00:18:06.079 --> 00:18:08.920
<v Speaker 1>of reason why he's being held out of service, an

270
00:18:08.960 --> 00:18:11.839
<v Speaker 1>attempt to compel grievance to give testimony prior to any

271
00:18:11.920 --> 00:18:16.119
<v Speaker 1>scheduled hearing, and quote otherwise preventing him from exercising any

272
00:18:16.200 --> 00:18:19.519
<v Speaker 1>of his contractual rights or complying with a company request

273
00:18:19.640 --> 00:18:24.079
<v Speaker 1>for quote informal hearing. Finally, on February eighteenth, nineteen sixty three,

274
00:18:24.359 --> 00:18:27.279
<v Speaker 1>the meeting was held in Miami. At that meeting, Fairy

275
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<v Speaker 1>positively refused to answer any questions concerning the criminal charges

276
00:18:31.039 --> 00:18:32.960
<v Speaker 1>which had been brought against him or any other matter

277
00:18:33.079 --> 00:18:35.720
<v Speaker 1>that had come to the attention of the company. Ferry

278
00:18:35.839 --> 00:18:38.880
<v Speaker 1>was specifically directed to answer these questions and was carefully

279
00:18:39.440 --> 00:18:42.799
<v Speaker 1>warned that refusal to answer would be considered grounds for

280
00:18:42.920 --> 00:18:49.880
<v Speaker 1>disciplinary action. On March first, sixty three, by letter of

281
00:18:50.039 --> 00:18:53.759
<v Speaker 1>from F. A. Stone, Vice President Flight Operations, Ferry was

282
00:18:53.799 --> 00:18:56.880
<v Speaker 1>discharged on that same date. The first step hearing in

283
00:18:57.079 --> 00:19:00.400
<v Speaker 1>Grievance fifteen sixty three was rescheduled for March eighth, nineteen

284
00:19:00.440 --> 00:19:05.720
<v Speaker 1>sixty three. On March eleventh, nineteen sixty three, same week

285
00:19:05.960 --> 00:19:10.160
<v Speaker 1>the rifle is allegedly ordered. Ferry filed Grievance forty eight

286
00:19:10.279 --> 00:19:14.599
<v Speaker 1>Dashed sixty three, which pertained Here's a question, was Carrie

287
00:19:14.680 --> 00:19:18.640
<v Speaker 1>Thornley involved in the managing of the PO box that

288
00:19:18.759 --> 00:19:21.279
<v Speaker 1>the rifle and stuff was sent to, because we don't

289
00:19:21.279 --> 00:19:23.240
<v Speaker 1>have any evidence that Oswald ever had any contact with

290
00:19:23.279 --> 00:19:26.160
<v Speaker 1>that PO box. In particular, there was another PO box

291
00:19:26.240 --> 00:19:28.920
<v Speaker 1>that Oswald is documented his having, I believe, in a

292
00:19:28.960 --> 00:19:35.559
<v Speaker 1>totally different building. So was Carrie Thornley managing the ordering

293
00:19:35.640 --> 00:19:45.119
<v Speaker 1>of the rifle around this time? And how close was

294
00:19:45.200 --> 00:19:50.240
<v Speaker 1>he to David Ferry at this time? We know he

295
00:19:50.319 --> 00:19:52.839
<v Speaker 1>had already been to David Ferry's house by the summer

296
00:19:52.880 --> 00:19:56.920
<v Speaker 1>of sixty two. He wrote that in his Affidavid confession letter.

297
00:20:00.000 --> 00:20:03.559
<v Speaker 1>And so here we get into March of nineteen sixty three.

298
00:20:04.039 --> 00:20:08.799
<v Speaker 1>The rifle plot is complete. It hasn't been ordered yet,

299
00:20:09.440 --> 00:20:12.640
<v Speaker 1>No it hasn't, but that's coming right, And so the

300
00:20:12.720 --> 00:20:17.680
<v Speaker 1>plot is well underway at this point. And oom, you

301
00:20:17.759 --> 00:20:21.480
<v Speaker 1>know fuck that I had already concluded that, like Shaw

302
00:20:21.599 --> 00:20:25.839
<v Speaker 1>and Thornley and Ferry, Ferry was the most subservient of

303
00:20:25.880 --> 00:20:29.000
<v Speaker 1>all of them. If there was a hierarchy, Kerry Thornley

304
00:20:29.119 --> 00:20:35.960
<v Speaker 1>clearly seemed to have a different line back to cia

305
00:20:36.279 --> 00:20:42.119
<v Speaker 1>and and his handlers. I'd say he had a different

306
00:20:42.880 --> 00:20:46.240
<v Speaker 1>chain than clay Shaw did than Ferry did. Right. So

307
00:20:47.119 --> 00:20:49.400
<v Speaker 1>if if and this is only a big if, we

308
00:20:49.440 --> 00:20:54.240
<v Speaker 1>don't know this, If Carrie Thornley was the one who

309
00:20:55.079 --> 00:21:04.720
<v Speaker 1>ordered the rifle, possibly using Marina to forge stuff, because

310
00:21:05.200 --> 00:21:08.240
<v Speaker 1>we know she did, it's how much stuff did she forge?

311
00:21:08.279 --> 00:21:13.480
<v Speaker 1>The question? Then if he was doing that in March

312
00:21:13.599 --> 00:21:17.599
<v Speaker 1>of sixty three, how much of that was David Ferry?

313
00:21:17.640 --> 00:21:21.759
<v Speaker 1>Even in on right, David Ferry might not have been

314
00:21:21.799 --> 00:21:24.079
<v Speaker 1>in on any of it. He might not have known

315
00:21:24.079 --> 00:21:26.599
<v Speaker 1>any of that stuff unless it was discussed separately. But

316
00:21:26.640 --> 00:21:28.599
<v Speaker 1>that seems like it would have been a compartmentalized operation,

317
00:21:28.960 --> 00:21:34.000
<v Speaker 1>separate from the shooting itself, right, separate from Tippett and

318
00:21:34.039 --> 00:21:38.119
<v Speaker 1>all that stuff. You know, one thing that just jumped

319
00:21:38.119 --> 00:21:41.000
<v Speaker 1>into my mind a couple of weeks ago that's been

320
00:21:41.079 --> 00:21:43.079
<v Speaker 1>kind of pinging around ever since, is that in that

321
00:21:43.240 --> 00:21:46.599
<v Speaker 1>Carrie Thornley letter to Jim Garrison, the fifty page aff

322
00:21:46.599 --> 00:21:51.200
<v Speaker 1>of David there's one part that he writes that he

323
00:21:51.720 --> 00:21:54.599
<v Speaker 1>who was it was it that or was this information

324
00:21:54.880 --> 00:21:56.400
<v Speaker 1>might have come from him, or it might have come

325
00:21:56.480 --> 00:22:00.960
<v Speaker 1>from somebody he spoke to, maybe broch Well, it came

326
00:22:01.000 --> 00:22:04.839
<v Speaker 1>from somebody somewhere in that area. But it said that

327
00:22:05.359 --> 00:22:08.880
<v Speaker 1>Carrie Thornley said that he had to do two things

328
00:22:09.559 --> 00:22:13.240
<v Speaker 1>for the company, which is cia we're assuming of duh.

329
00:22:14.160 --> 00:22:15.920
<v Speaker 1>And he said he had to show that he could

330
00:22:16.000 --> 00:22:18.599
<v Speaker 1>sleep with a man and that he could kill somebody,

331
00:22:19.039 --> 00:22:20.880
<v Speaker 1>and that he had proven that he could do both.

332
00:22:22.400 --> 00:22:24.880
<v Speaker 1>That's in there somewhere. It's either in the Brocheers stuff

333
00:22:25.039 --> 00:22:27.119
<v Speaker 1>or in the Yeah, probably isn't in the Kerry Thorny

334
00:22:27.160 --> 00:22:29.720
<v Speaker 1>main file or the letter to Garrison. It's probably in

335
00:22:29.759 --> 00:22:34.240
<v Speaker 1>the Brochier stuff. But I remember that and it just

336
00:22:34.359 --> 00:22:37.720
<v Speaker 1>jumped off the page for me, And so I think

337
00:22:37.759 --> 00:22:40.200
<v Speaker 1>that's pretty interesting that he would say that. And who

338
00:22:40.319 --> 00:22:41.759
<v Speaker 1>was the person that he would have killed? He didn't

339
00:22:41.799 --> 00:22:45.519
<v Speaker 1>kill anybody when he was in the military. Who was

340
00:22:45.599 --> 00:22:47.039
<v Speaker 1>that person he would have killed that he would have

341
00:22:47.079 --> 00:22:53.400
<v Speaker 1>talked to Brochiers about years later? JD. Tippett. JD. Tippett,

342
00:22:53.480 --> 00:22:59.920
<v Speaker 1>And who was the guy he slept with? Broch Ears right, So, yeah,

343
00:23:00.440 --> 00:23:02.359
<v Speaker 1>that was my little tangent for today. Let me continue

344
00:23:02.400 --> 00:23:06.279
<v Speaker 1>on on March first, sixty three. I already read that part.

345
00:23:06.759 --> 00:23:09.839
<v Speaker 1>On March eleventh, sixty three, Fairy filed grievance forty eight

346
00:23:09.880 --> 00:23:13.039
<v Speaker 1>sixty three which pertained his discharge. Ferry was then provided

347
00:23:13.079 --> 00:23:15.920
<v Speaker 1>with a more extensive breakdown of the items relied upon

348
00:23:16.079 --> 00:23:20.880
<v Speaker 1>in discharging him review of evidence on behalf of the company.

349
00:23:21.160 --> 00:23:23.359
<v Speaker 1>The Board, in considering this case should keep in mind

350
00:23:23.400 --> 00:23:27.160
<v Speaker 1>the fact that the main energies of the grievance were

351
00:23:27.200 --> 00:23:30.519
<v Speaker 1>devoted to the suppression of the pertinent facts about his behavior.

352
00:23:31.039 --> 00:23:33.640
<v Speaker 1>The hearing was probably the most technical in the long

353
00:23:33.720 --> 00:23:37.200
<v Speaker 1>history of arbitrations under the Railway Labor Act, insofar as

354
00:23:37.279 --> 00:23:40.720
<v Speaker 1>objections and rulings and proffered evidence time and time again,

355
00:23:40.880 --> 00:23:44.400
<v Speaker 1>evidence was excluded which would normally be received. As a

356
00:23:44.480 --> 00:23:47.680
<v Speaker 1>matter of course, the grievance efforts to suppress evidence and

357
00:23:47.920 --> 00:23:50.000
<v Speaker 1>keep the board in the dark as to his activities

358
00:23:50.400 --> 00:23:53.960
<v Speaker 1>were so successful that probably the majority of the company's

359
00:23:53.960 --> 00:23:57.000
<v Speaker 1>evidence was excluded. However, in the long run, the efforts

360
00:23:57.039 --> 00:23:59.920
<v Speaker 1>of the grievance were unavailing for even the minor portion

361
00:24:00.200 --> 00:24:03.720
<v Speaker 1>of the company's case which has succeeded in getting before

362
00:24:03.880 --> 00:24:07.319
<v Speaker 1>the Board proved conclusively that these charges brought by the

363
00:24:07.400 --> 00:24:10.440
<v Speaker 1>company were true, and that the company's actions were justified.

364
00:24:11.519 --> 00:24:14.920
<v Speaker 1>Sergeant Fourtya, the New Orleans police officer who conducted a

365
00:24:15.000 --> 00:24:17.720
<v Speaker 1>major portion of the investigation that led to the filing

366
00:24:18.279 --> 00:24:23.000
<v Speaker 1>of the eleven criminal charges, testified extensively concerning that investigation.

367
00:24:23.680 --> 00:24:27.799
<v Speaker 1>His testimony showed a normal, conscientious police investigation which started

368
00:24:27.839 --> 00:24:30.839
<v Speaker 1>with a routine investigation of the report that juvenile Alexander

369
00:24:30.920 --> 00:24:34.400
<v Speaker 1>Landry had run away from home. The only non routine

370
00:24:34.440 --> 00:24:37.480
<v Speaker 1>aspect of the investigation was the fact that at every

371
00:24:37.519 --> 00:24:40.880
<v Speaker 1>step of the police investigation of the runaway juvenile, evidence

372
00:24:41.000 --> 00:24:44.440
<v Speaker 1>of the criminal activities on the part of Ferry were uncovered. Thus,

373
00:24:44.519 --> 00:24:48.359
<v Speaker 1>the investigation grew in significance and the criminal charges against

374
00:24:48.400 --> 00:24:54.720
<v Speaker 1>Ferry multiplied. A review of Sergeant Fournier's testimony leads one

375
00:24:54.839 --> 00:24:58.160
<v Speaker 1>inescapably at the conclusion that the criminal charges against Ferry

376
00:24:58.400 --> 00:25:00.880
<v Speaker 1>were not the result of any sinister forces at work

377
00:25:01.440 --> 00:25:04.119
<v Speaker 1>or the result of the activities of an outraged mother.

378
00:25:04.519 --> 00:25:08.720
<v Speaker 1>The criminal charges resulted directly and solely from Fairiy's nefarious activities.

379
00:25:09.680 --> 00:25:12.160
<v Speaker 1>There can be no doubt that Ferry was intimately connected

380
00:25:12.160 --> 00:25:15.319
<v Speaker 1>with Alexander Landry's runaway from home. It is even admitted

381
00:25:15.359 --> 00:25:18.359
<v Speaker 1>that the first time Landry ran away, he went directly

382
00:25:18.440 --> 00:25:20.599
<v Speaker 1>to Ferry. The second time he ran away, he did

383
00:25:20.680 --> 00:25:23.000
<v Speaker 1>not return until his parents signed a statement agreeing not

384
00:25:23.119 --> 00:25:26.680
<v Speaker 1>to prosecute Ferry again. This is admitted by Fairry. Nor

385
00:25:26.759 --> 00:25:29.599
<v Speaker 1>can there be any doubt that Faerry was intimately connected

386
00:25:29.640 --> 00:25:35.000
<v Speaker 1>with the al Chamei's runaway from home. Sergeant Fournier testified

387
00:25:35.240 --> 00:25:37.759
<v Speaker 1>that as to Ferry visiting Charem in the youth Detention

388
00:25:37.880 --> 00:25:40.759
<v Speaker 1>center under the pretext of being a doctor. The connection

389
00:25:40.920 --> 00:25:44.640
<v Speaker 1>is also confirmed by the passport obtained for Chamie by

390
00:25:44.720 --> 00:25:47.720
<v Speaker 1>Ferry at approximately the time of the runaway. The evidence

391
00:25:47.960 --> 00:25:50.880
<v Speaker 1>points directly to the fact that Fairy assisted that child

392
00:25:50.960 --> 00:25:53.319
<v Speaker 1>in running away and that his visit to the child

393
00:25:53.599 --> 00:25:55.559
<v Speaker 1>was for the purpose of ensuring that he would conceal

394
00:25:55.680 --> 00:26:00.599
<v Speaker 1>the part played by Ferry. Sergeant Fournier's testimony the charges

395
00:26:00.640 --> 00:26:02.920
<v Speaker 1>that Ferry had purported to be a medical doctor and

396
00:26:03.039 --> 00:26:05.440
<v Speaker 1>his connection with the Holy Apostle, the Catholic Church of

397
00:26:05.480 --> 00:26:11.720
<v Speaker 1>North America and with the Yeah whatever medical equipment, a priest,

398
00:26:11.839 --> 00:26:15.119
<v Speaker 1>robe and chalice were found when Faery's house were searched.

399
00:26:15.559 --> 00:26:18.519
<v Speaker 1>Sergeant Fournier's testimony showed that the statements of the juveniles

400
00:26:18.559 --> 00:26:23.039
<v Speaker 1>involved as to Fairie's sexual deviations were obtained freely involuntarily.

401
00:26:23.319 --> 00:26:24.799
<v Speaker 1>While this type of thing is not easy for a

402
00:26:24.839 --> 00:26:26.880
<v Speaker 1>boy to admit, it must have been a great relief

403
00:26:27.160 --> 00:26:30.359
<v Speaker 1>to get these matters off their conscienceness. Certainly, these are

404
00:26:30.400 --> 00:26:32.240
<v Speaker 1>not the type of matters one makes up to tell

405
00:26:32.559 --> 00:26:36.160
<v Speaker 1>about oneself merely out of sympathy for the mother of

406
00:26:36.240 --> 00:26:39.240
<v Speaker 1>a friend. It should also be pointed out that the

407
00:26:39.279 --> 00:26:43.359
<v Speaker 1>relatively brief cross examination of Sergeant Fournier did not reveal

408
00:26:43.400 --> 00:26:47.599
<v Speaker 1>any inconsistencies in his testimony, nor did that cross examination

409
00:26:47.799 --> 00:26:51.039
<v Speaker 1>reveal any hints of undue pressure brought to bear on

410
00:26:51.200 --> 00:26:55.799
<v Speaker 1>the sergeant during his investigation. Sergeant Fournier was allowed to

411
00:26:56.359 --> 00:26:59.640
<v Speaker 1>allowed on the stand by James Joseph Landry. James Landry,

412
00:26:59.640 --> 00:27:01.920
<v Speaker 1>who is now eighteen, testified that he met Ferry in

413
00:27:01.960 --> 00:27:04.960
<v Speaker 1>August of nineteen sixty at the New Orleans Airport. Landry

414
00:27:05.079 --> 00:27:07.319
<v Speaker 1>was sixteen at the time. The meeting was a result

415
00:27:07.400 --> 00:27:10.279
<v Speaker 1>of a discussion between Ferry and Landry's father, who was

416
00:27:10.359 --> 00:27:14.720
<v Speaker 1>an Eastern Ramp serviceman. Ferry had inquired as to whether

417
00:27:14.799 --> 00:27:17.799
<v Speaker 1>or not James Landry would be interested in joining a

418
00:27:18.000 --> 00:27:20.880
<v Speaker 1>Civil Air Patrol Squadron known as the METAI Falcon Squadron.

419
00:27:21.319 --> 00:27:25.240
<v Speaker 1>On meeting Ferry, James Landry joined squadron and was issued

420
00:27:25.279 --> 00:27:28.960
<v Speaker 1>a membership card. Landry's testimony as to his understanding of

421
00:27:29.039 --> 00:27:31.160
<v Speaker 1>the status of the squadron as an official part of

422
00:27:31.240 --> 00:27:34.359
<v Speaker 1>the Civil Air Patrol was his follows, well, for a

423
00:27:34.440 --> 00:27:37.160
<v Speaker 1>long time we did not have a charter. Then I

424
00:27:37.279 --> 00:27:41.119
<v Speaker 1>guess it was over a year. He finally showed up

425
00:27:41.160 --> 00:27:43.799
<v Speaker 1>with a charter and said, we're officially in the CAAP.

426
00:27:45.599 --> 00:27:49.680
<v Speaker 1>Who's he David Ferry. Landry went on to describe parties

427
00:27:49.680 --> 00:27:52.839
<v Speaker 1>at Ferry's house during which Ferry supplied and served alcohol

428
00:27:52.880 --> 00:27:55.880
<v Speaker 1>to miners who were in the CAAP. Landry then testified

429
00:27:55.920 --> 00:27:58.960
<v Speaker 1>as to having sexual relations with Ferry on nights that

430
00:27:59.039 --> 00:28:01.839
<v Speaker 1>he stayed at Ferry's home. The Board's special attention is

431
00:28:01.920 --> 00:28:04.119
<v Speaker 1>called to this witness's demeanor on the stand and the

432
00:28:04.200 --> 00:28:06.759
<v Speaker 1>fact that vigorous cross examination and attempt to show a

433
00:28:06.839 --> 00:28:09.799
<v Speaker 1>motive for the testimony failed to reveal any motive except

434
00:28:09.839 --> 00:28:13.200
<v Speaker 1>that the testimony was true. Landry's testimony had the ring

435
00:28:13.240 --> 00:28:16.720
<v Speaker 1>of truth in contrast to the false notes struck by

436
00:28:16.759 --> 00:28:22.119
<v Speaker 1>the witnesses for the grievance. Landry was followed to the

437
00:28:22.240 --> 00:28:26.319
<v Speaker 1>stand by doctor Yeger. Doctor Yeager testified concerning complaints received

438
00:28:26.359 --> 00:28:29.839
<v Speaker 1>about Fairry practicing medicine without a license. Ferry was called

439
00:28:29.880 --> 00:28:33.279
<v Speaker 1>in by doctor Yeager and warned against such action, whereupon,

440
00:28:33.720 --> 00:28:36.599
<v Speaker 1>through a forty minute interview, Ferry spun a fantastic web

441
00:28:36.680 --> 00:28:41.559
<v Speaker 1>of lies about his background and activities. Note particularly the

442
00:28:41.599 --> 00:28:44.960
<v Speaker 1>testimony about Ferry claiming to have several PhDs at page

443
00:28:45.000 --> 00:28:48.480
<v Speaker 1>one forty four, and compare with Irion's testimony on the

444
00:28:48.559 --> 00:28:52.279
<v Speaker 1>same subject. Unfortunately for Fairy, doctor Yeger was in a

445
00:28:52.440 --> 00:28:54.920
<v Speaker 1>position to check many of these statements and found them

446
00:28:54.920 --> 00:28:58.480
<v Speaker 1>to be completely false. Doctor Yeager's testimony in regards to

447
00:28:58.559 --> 00:29:02.240
<v Speaker 1>the complaints received should be considered in connection with company

448
00:29:02.279 --> 00:29:05.279
<v Speaker 1>Exhibit four, which shows that Ferry had himself listed in

449
00:29:05.359 --> 00:29:09.640
<v Speaker 1>the telephone directory as doctor, with Sergeant forty a's testimony

450
00:29:09.680 --> 00:29:12.200
<v Speaker 1>in regard to the medical instruments found in Ferry's home,

451
00:29:12.279 --> 00:29:15.640
<v Speaker 1>and with the testimony of Irion, a witness called by Ferry,

452
00:29:15.680 --> 00:29:18.440
<v Speaker 1>who testified the Fairy often treated him for various sicknesses.

453
00:29:18.920 --> 00:29:21.039
<v Speaker 1>The next witness on behalf of the company was John

454
00:29:21.160 --> 00:29:24.400
<v Speaker 1>Roger Espinen, mister a Spinnin's son had been a member

455
00:29:24.400 --> 00:29:29.119
<v Speaker 1>of Fairies's unauthorized CAAP Metarie Falcon squadron. Mister Spinin testified

456
00:29:29.200 --> 00:29:32.200
<v Speaker 1>as to having become suspicious of the squadron's authenticity, of

457
00:29:32.359 --> 00:29:35.279
<v Speaker 1>Fairy's statements that it was an authorized squadron, and of

458
00:29:35.359 --> 00:29:37.559
<v Speaker 1>his obtaining the forged certificate and taking it to the

459
00:29:37.880 --> 00:29:40.839
<v Speaker 1>Air Force CAAP sergeant, who confirmed a suspicion of its

460
00:29:40.960 --> 00:29:45.880
<v Speaker 1>being invalid. He Esponon also testified that the supposed certificate

461
00:29:46.079 --> 00:29:50.200
<v Speaker 1>was on a form used for CAAP certificates. After mister A.

462
00:29:50.240 --> 00:29:53.400
<v Speaker 1>Spinin's testimony, there could be no doubt that Ferry organized

463
00:29:53.400 --> 00:29:56.880
<v Speaker 1>a bonus, a bogus CAAP squadron and deceived the parents

464
00:29:56.920 --> 00:30:00.400
<v Speaker 1>and members as to its status. To why, at the

465
00:30:00.480 --> 00:30:03.920
<v Speaker 1>questions about its status he forged a CAAP certificate. Mister A.

466
00:30:03.960 --> 00:30:08.119
<v Speaker 1>Spinnin's testimony was of course, completely confirmed by the records

467
00:30:08.119 --> 00:30:10.720
<v Speaker 1>of the CAAP and particularly the sergeant's memo to file

468
00:30:11.319 --> 00:30:16.720
<v Speaker 1>regarding A. Spinnin's visit to the headquarters with the Ford's certificate.

469
00:30:17.319 --> 00:30:20.839
<v Speaker 1>The Board should particularly note the representations of mister Gill

470
00:30:20.920 --> 00:30:23.200
<v Speaker 1>and Ferry that appear on page three h two to

471
00:30:23.279 --> 00:30:26.440
<v Speaker 1>three oh four of the transcript. Both gentlemen assured the

472
00:30:26.480 --> 00:30:28.359
<v Speaker 1>board there was a state charter which was obtained in

473
00:30:28.440 --> 00:30:31.319
<v Speaker 1>nineteen sixty one and which would be introduced in evidence

474
00:30:31.359 --> 00:30:35.119
<v Speaker 1>by them. These representations proved to be completely false, as

475
00:30:35.240 --> 00:30:37.880
<v Speaker 1>no such document was ever tendered by them. There was

476
00:30:37.960 --> 00:30:41.079
<v Speaker 1>no state charter issued until nineteen sixty two, long after

477
00:30:41.200 --> 00:30:44.880
<v Speaker 1>Fairy's arrest and the breakdown on the breakup of the squadron. Moreover,

478
00:30:45.240 --> 00:30:47.519
<v Speaker 1>they knew they could not produce any charter issued in

479
00:30:47.599 --> 00:30:50.680
<v Speaker 1>nineteen sixty one. The company did produce the only state

480
00:30:50.799 --> 00:30:52.720
<v Speaker 1>charter issued. It was in nineteen sixty two and it

481
00:30:52.759 --> 00:30:55.920
<v Speaker 1>was signed by Ferry. This attempt to mislead the board

482
00:30:56.200 --> 00:30:59.400
<v Speaker 1>was typical of the Grievance case from beginning to end.

483
00:31:00.000 --> 00:31:03.519
<v Speaker 1>The next witness for the company was Ronald Hubner. Three

484
00:31:03.599 --> 00:31:07.240
<v Speaker 1>exhibits were introduced during his testimony. The first exhibit was

485
00:31:07.359 --> 00:31:11.000
<v Speaker 1>a letter from the American Vice Consul in Italy, and

486
00:31:11.079 --> 00:31:14.079
<v Speaker 1>it exploded completely Faerry's contention that he had a PhD

487
00:31:14.160 --> 00:31:18.079
<v Speaker 1>from Phoenix University in Barr, Italy. The second exhibit was

488
00:31:18.240 --> 00:31:21.039
<v Speaker 1>the minutes of the New Orleans Chapter of the Military

489
00:31:21.200 --> 00:31:24.200
<v Speaker 1>Order of World Wars meeting of July twenty fourth, nineteen

490
00:31:24.240 --> 00:31:26.880
<v Speaker 1>sixty one, at which Ferry made a speech which inflamed

491
00:31:26.920 --> 00:31:30.119
<v Speaker 1>the membership. This record of the meeting shows that Ferry

492
00:31:30.599 --> 00:31:33.640
<v Speaker 1>was indulging in these activities as an Eastern Airlines captain,

493
00:31:33.680 --> 00:31:36.400
<v Speaker 1>not as a private individual. The third exhibit was a

494
00:31:36.480 --> 00:31:38.640
<v Speaker 1>letter from Colonel Christiansen of the U. S Air Force

495
00:31:38.839 --> 00:31:41.920
<v Speaker 1>detailing some of the difficulties Ferry got into in the

496
00:31:42.000 --> 00:31:45.119
<v Speaker 1>CAP during the period that he was a legitimate member.

497
00:31:47.079 --> 00:31:50.119
<v Speaker 1>The remainder of the company's case consisted of a series

498
00:31:50.200 --> 00:31:53.839
<v Speaker 1>of exhibits. Exhibits forty four to fifty four were records

499
00:31:53.880 --> 00:31:56.480
<v Speaker 1>of the Civil Air Patrol regarding Ferry. They showed that

500
00:31:56.519 --> 00:31:59.519
<v Speaker 1>from nineteen fifty five to nineteen fifty nine Ferry was

501
00:31:59.559 --> 00:32:02.240
<v Speaker 1>out of the Civil Air Patrol. Apparently, he was put

502
00:32:02.279 --> 00:32:05.039
<v Speaker 1>out in nineteen fifty five against his wishes, and it

503
00:32:05.079 --> 00:32:08.079
<v Speaker 1>took him approximately one year starting in nineteen fifty eight

504
00:32:08.200 --> 00:32:11.400
<v Speaker 1>to obtain permission to return. He was in the Civil

505
00:32:11.400 --> 00:32:14.279
<v Speaker 1>Air Patrol from approximately September fifty nine until June of

506
00:32:14.359 --> 00:32:18.000
<v Speaker 1>nineteen sixty. He was then again forced out because of

507
00:32:18.039 --> 00:32:21.240
<v Speaker 1>his misbehavior. Company Exhibit forty eight shows that he used

508
00:32:21.240 --> 00:32:24.160
<v Speaker 1>his claim to have a PhD in gaining readmission to

509
00:32:24.160 --> 00:32:26.960
<v Speaker 1>the Civil Air Patrol Company. Exhibits fifty one to fifty

510
00:32:26.960 --> 00:32:29.319
<v Speaker 1>four show that it was generally believed in New Orleans

511
00:32:29.359 --> 00:32:32.279
<v Speaker 1>that Ferry had an authorized squadron in sixty one, and

512
00:32:32.400 --> 00:32:35.039
<v Speaker 1>these misrepresentations had reached the point that the Civil Air

513
00:32:35.079 --> 00:32:38.559
<v Speaker 1>Patrol was considering obtaining newspaper coverage of their denials of

514
00:32:38.680 --> 00:32:43.200
<v Speaker 1>any connection to Ferry. Exhibits seventy two and seventy three

515
00:32:43.440 --> 00:32:47.599
<v Speaker 1>were rebuttal exhibits of Fairy's testimony regarding Italian universities. They

516
00:32:47.680 --> 00:32:51.680
<v Speaker 1>show the actual methods of accreditation, the requirements for attendance

517
00:32:51.680 --> 00:32:55.000
<v Speaker 1>of foreign students, the degrees awarded in that Phoenix University

518
00:32:55.079 --> 00:32:58.960
<v Speaker 1>is not a recognized Italian university. You don't say these

519
00:32:59.000 --> 00:33:01.680
<v Speaker 1>exhibits should be compared to the Faery's testimony on the subjects.

520
00:33:02.000 --> 00:33:06.440
<v Speaker 1>The result is that Fairi's testimony regarding the Italian system

521
00:33:06.480 --> 00:33:09.559
<v Speaker 1>of higher learning, molded by him to fit his claimed

522
00:33:09.599 --> 00:33:13.480
<v Speaker 1>alma mater, is completely refuted by the impartial documentary exhibits

523
00:33:13.519 --> 00:33:17.720
<v Speaker 1>introduced by the company. Other company exhibits were Fairiy's application

524
00:33:17.839 --> 00:33:21.319
<v Speaker 1>for employment and the physical record he filled out when

525
00:33:21.599 --> 00:33:25.680
<v Speaker 1>applying for employment. Most of the company's testimony showing that

526
00:33:25.759 --> 00:33:28.160
<v Speaker 1>many facts were concealed by Fairy and making out these

527
00:33:28.240 --> 00:33:32.640
<v Speaker 1>forms was excluded. However, Fairy testified about these matters, and

528
00:33:32.759 --> 00:33:38.720
<v Speaker 1>his testimony alone convicts him of omitting many derogatory items.

529
00:33:42.400 --> 00:33:46.920
<v Speaker 1>His explanation for not listing his total educational and employment

530
00:33:47.000 --> 00:33:50.759
<v Speaker 1>record is certainly amazing, but hardly persuasive. The health records

531
00:33:50.880 --> 00:33:54.480
<v Speaker 1>introduced by Fairy himself show mental and physical problems which

532
00:33:54.680 --> 00:33:58.000
<v Speaker 1>should have been revealed to the company, especially the record

533
00:33:58.039 --> 00:34:00.920
<v Speaker 1>of the Cleveland Clinic, which was introduced after a demand

534
00:34:00.960 --> 00:34:04.279
<v Speaker 1>for its production by the company. Mister Gill explained this

535
00:34:04.440 --> 00:34:07.279
<v Speaker 1>medical report as being due to Fairies tender age at

536
00:34:07.319 --> 00:34:11.079
<v Speaker 1>the time. At the time, Fairies's tender age was twenty six.

537
00:34:12.920 --> 00:34:19.039
<v Speaker 1>Review of testimony on behalf of grievant, it would be

538
00:34:19.079 --> 00:34:22.119
<v Speaker 1>a kindness to Fairy if the board simply ignores all

539
00:34:22.159 --> 00:34:26.159
<v Speaker 1>the testimony introduced on his behalf. Unfortunately, for Ferry, the

540
00:34:26.199 --> 00:34:29.039
<v Speaker 1>board must consider the entire record. It is submitted that

541
00:34:29.119 --> 00:34:31.840
<v Speaker 1>the grievance side of the case standing alone, is sufficient

542
00:34:31.880 --> 00:34:35.800
<v Speaker 1>to justify the board in upholding the discharge. Ferry, on

543
00:34:35.920 --> 00:34:39.679
<v Speaker 1>the stand, testified that everyone knew his squadron was not

544
00:34:39.800 --> 00:34:41.920
<v Speaker 1>part of the Civil Air Patrol, and that in early

545
00:34:42.000 --> 00:34:44.039
<v Speaker 1>sixty one he had obtained a state charter for a

546
00:34:44.079 --> 00:34:49.480
<v Speaker 1>nonprofit corporation. An unsworn, unsigned deposition in absentia of Martin's

547
00:34:49.599 --> 00:34:51.920
<v Speaker 1>was offered as an exhibit at this time by Ferry

548
00:34:52.280 --> 00:34:56.840
<v Speaker 1>to support his testimony. According to mister Gill, this deposition

549
00:34:57.039 --> 00:35:01.760
<v Speaker 1>was based on a letter written by mister more Martin's. Mysteriously,

550
00:35:02.079 --> 00:35:05.760
<v Speaker 1>Martin's had not had an opportunity to sign it. The

551
00:35:05.840 --> 00:35:08.679
<v Speaker 1>deposition stated that a charter for a nonprofit corporation was

552
00:35:08.679 --> 00:35:11.039
<v Speaker 1>obtained in early nineteen sixty one and was kept at

553
00:35:11.079 --> 00:35:13.760
<v Speaker 1>Faerry's house. The deposition went on to state that this

554
00:35:14.159 --> 00:35:18.199
<v Speaker 1>was the document mister Espinin has said and the sergeant

555
00:35:18.239 --> 00:35:22.840
<v Speaker 1>of the Civil Air Patrol examined. Unfortunately, this explanation was

556
00:35:22.880 --> 00:35:25.239
<v Speaker 1>doomed to fall apart practically before it was offered for

557
00:35:25.519 --> 00:35:27.960
<v Speaker 1>To assist the board, the company at this point produced

558
00:35:28.000 --> 00:35:30.159
<v Speaker 1>a copy of the only state charter for a nonprofit

559
00:35:30.280 --> 00:35:33.480
<v Speaker 1>corporation obtained by Ferry. This charter was applied for in

560
00:35:33.559 --> 00:35:36.920
<v Speaker 1>sixty two, not nineteen sixty one. The date is, of course,

561
00:35:37.079 --> 00:35:41.159
<v Speaker 1>long after Fairiy's arrest, even longer after mister Espinin had

562
00:35:41.280 --> 00:35:44.840
<v Speaker 1>checked and forged checked the Forge Caap charter. Moreover, the

563
00:35:44.920 --> 00:35:48.760
<v Speaker 1>nineteen sixty two document was signed by Ferry, which establishes

564
00:35:48.840 --> 00:35:53.760
<v Speaker 1>beyond question his knowledge that no previous charter existed. Of course,

565
00:35:53.880 --> 00:35:57.039
<v Speaker 1>this nineteen sixty two charter or also exploded the unsworn,

566
00:35:57.159 --> 00:36:00.719
<v Speaker 1>unsigned deposition in absentia of Martin's. Indeed, when it was

567
00:36:00.760 --> 00:36:05.760
<v Speaker 1>pointed out the deposition contained parenthetical portions indicating that Martin's

568
00:36:05.800 --> 00:36:09.199
<v Speaker 1>was being handed various documents for inspection while his deposition

569
00:36:09.440 --> 00:36:12.519
<v Speaker 1>was in progress, mister Gill found it necessary to explain

570
00:36:12.599 --> 00:36:16.280
<v Speaker 1>further that the deposition was not alone based on upon

571
00:36:16.360 --> 00:36:19.119
<v Speaker 1>a letter from Martin's after all, but was also based

572
00:36:19.199 --> 00:36:22.199
<v Speaker 1>upon a personal interview in his office, sort of a

573
00:36:22.280 --> 00:36:26.760
<v Speaker 1>mixture of the two. That's funny. As Martin's is giving

574
00:36:26.760 --> 00:36:31.679
<v Speaker 1>a deposition, Gill's handing him papers to read, Fairy's story

575
00:36:31.800 --> 00:36:35.000
<v Speaker 1>changed rapidly. He next claimed that, despite being the leader

576
00:36:35.039 --> 00:36:37.960
<v Speaker 1>of the squadron, he did not check details such as

577
00:36:38.000 --> 00:36:41.360
<v Speaker 1>a charter that was the responsibility of the young boys

578
00:36:41.400 --> 00:36:44.440
<v Speaker 1>in the squadron. He ignored completely the fact that when

579
00:36:44.559 --> 00:36:46.960
<v Speaker 1>he signed the nineteen sixty two charter he had to

580
00:36:47.039 --> 00:36:49.239
<v Speaker 1>know there was no previous charter in that name, and

581
00:36:49.360 --> 00:36:52.400
<v Speaker 1>that when he introduced the Martins deposition, he knew the

582
00:36:52.480 --> 00:36:56.199
<v Speaker 1>facts stated therein were untrue. Fairy proceeded with testimony to

583
00:36:56.280 --> 00:37:00.280
<v Speaker 1>the effect that the Landry accusation originally related to April

584
00:37:00.360 --> 00:37:04.719
<v Speaker 1>twenty sixth, nineteen sixty one. He testified about visiting one Prince,

585
00:37:04.880 --> 00:37:09.840
<v Speaker 1>an Eastern crew scheduler, and obtained absolute proof that he

586
00:37:09.960 --> 00:37:12.360
<v Speaker 1>was not in New Orleans on April twenty sixth. The

587
00:37:12.440 --> 00:37:16.000
<v Speaker 1>information supposedly obtained from Prince was to the effect that

588
00:37:16.360 --> 00:37:19.000
<v Speaker 1>Fairry was on a flight, as shown by flight records.

589
00:37:19.440 --> 00:37:21.960
<v Speaker 1>Ferry then implied that the district Attorney was tipped off

590
00:37:22.000 --> 00:37:23.760
<v Speaker 1>to this proof, and the date on the indictment was

591
00:37:23.880 --> 00:37:27.480
<v Speaker 1>changed to April twenty eighth, nineteen sixty one. The on

592
00:37:27.639 --> 00:37:32.800
<v Speaker 1>cross examination, he first refused to answer any questions about

593
00:37:33.079 --> 00:37:36.039
<v Speaker 1>the proof obtained from Prince. He then became vague and

594
00:37:36.079 --> 00:37:38.119
<v Speaker 1>could not remember what the proof was or whether the

595
00:37:38.159 --> 00:37:41.760
<v Speaker 1>proof regarding April twenty six was even obtained from Prince.

596
00:37:42.440 --> 00:37:45.239
<v Speaker 1>This initial refusal to testify and the subsequent vagueness is

597
00:37:45.360 --> 00:37:47.880
<v Speaker 1>understandable in view of the proof offered by the company

598
00:37:47.920 --> 00:37:50.039
<v Speaker 1>in the form of pay records showing he was on

599
00:37:50.159 --> 00:37:53.400
<v Speaker 1>vacation the last half of April nineteen sixty one. Fairry's

600
00:37:53.440 --> 00:37:57.239
<v Speaker 1>other testimony was as wild and unconvincing as the first

601
00:37:57.280 --> 00:38:01.119
<v Speaker 1>two instances noted. First, he had good solid PhD. Then,

602
00:38:01.199 --> 00:38:04.000
<v Speaker 1>after cross examination on red direct by his attorney, he

603
00:38:04.039 --> 00:38:06.960
<v Speaker 1>took the position that, regardless of its validity, he felt

604
00:38:07.079 --> 00:38:09.920
<v Speaker 1>he had benefited by obtaining it. Of course, the board

605
00:38:09.960 --> 00:38:12.559
<v Speaker 1>should not forget his testimony that he obtained this PhD

606
00:38:12.880 --> 00:38:16.079
<v Speaker 1>to impress Harvard professors with his ability in the area

607
00:38:16.159 --> 00:38:19.679
<v Speaker 1>of air safety. Also noteworthy was his testimony that he

608
00:38:19.760 --> 00:38:22.440
<v Speaker 1>listed himself in the telephone book as doctor for the

609
00:38:22.480 --> 00:38:26.079
<v Speaker 1>same purpose. Ferry left to the board's imagination how the

610
00:38:26.119 --> 00:38:29.199
<v Speaker 1>Harvard professors were going to be impressed by his listening

611
00:38:29.360 --> 00:38:31.760
<v Speaker 1>in by his listing in the New Orleans telephone Book.

612
00:38:32.719 --> 00:38:37.239
<v Speaker 1>It would serve no useful purpose, and space scarcely permits

613
00:38:37.280 --> 00:38:41.400
<v Speaker 1>a discussion of all the inconsistencies and inaccuracies in Faerry's testimony.

614
00:38:42.000 --> 00:38:44.239
<v Speaker 1>One other aspect of his testimony is so important that

615
00:38:44.320 --> 00:38:47.280
<v Speaker 1>it must be touched upon. Ferry had some eleven criminal

616
00:38:47.360 --> 00:38:50.199
<v Speaker 1>charges brought against him. On direct examination, he did not

617
00:38:50.280 --> 00:38:53.519
<v Speaker 1>attempt any detailed explanation of why this should happen to him,

618
00:38:53.599 --> 00:38:56.480
<v Speaker 1>other than implications that it was done by Missus Landry.

619
00:38:57.039 --> 00:38:59.880
<v Speaker 1>He had previously explained in a letter to Captain Grennier

620
00:39:00.320 --> 00:39:02.280
<v Speaker 1>that it all happened because he was hot on the

621
00:39:02.320 --> 00:39:05.679
<v Speaker 1>trail of communists and some worked for Eastern Airlines. On

622
00:39:05.840 --> 00:39:10.159
<v Speaker 1>cross examination, he was offered the chance to explain along.

623
00:39:10.280 --> 00:39:13.840
<v Speaker 1>Statement was made that based on investigations by private detectives,

624
00:39:14.239 --> 00:39:17.000
<v Speaker 1>it could be shown that his troubles with the law

625
00:39:17.079 --> 00:39:21.920
<v Speaker 1>were due to communists and Missus Landry. However, when details

626
00:39:22.280 --> 00:39:24.519
<v Speaker 1>were requested, it became apparent that there was no evidence

627
00:39:24.519 --> 00:39:27.880
<v Speaker 1>to support this explanation. A district attorney was supposed to

628
00:39:27.960 --> 00:39:31.840
<v Speaker 1>be the key figure. However, Ferry testified this district attorney

629
00:39:31.920 --> 00:39:34.960
<v Speaker 1>refused to have anything to do with the charges, and

630
00:39:35.000 --> 00:39:37.079
<v Speaker 1>the majority of the charges were actually brought in an

631
00:39:37.280 --> 00:39:41.360
<v Speaker 1>entirely different parish. No connection was shown between this district

632
00:39:41.360 --> 00:39:44.119
<v Speaker 1>attorney and Missus Landry and the individuals who signed statements.

633
00:39:44.559 --> 00:39:47.079
<v Speaker 1>The net result of Faerry's testimony on this subject was

634
00:39:47.119 --> 00:39:50.840
<v Speaker 1>that he had no explanation at all. Thus, Sergeant Fournier's testimony,

635
00:39:51.000 --> 00:39:53.760
<v Speaker 1>such as he was allowed to give involving his normal

636
00:39:53.840 --> 00:39:59.199
<v Speaker 1>impartial police investigation stands completely unrefuted. The other witnesses called

637
00:39:59.239 --> 00:40:03.280
<v Speaker 1>by Ferry contributed more to the company's case than to

638
00:40:03.559 --> 00:40:07.800
<v Speaker 1>Ferri's case. Irion's testimony on cross examination was about the

639
00:40:07.880 --> 00:40:12.440
<v Speaker 1>most damaging testimony the Fairies presented during the hearings. He

640
00:40:12.880 --> 00:40:17.159
<v Speaker 1>stated that during nineteen fifty five through nineteen sixty, Ferry

641
00:40:17.199 --> 00:40:21.960
<v Speaker 1>participated in CAAP meetings and wore a captain's uniform. Of course,

642
00:40:22.039 --> 00:40:25.320
<v Speaker 1>the previously introduced CAAP documents proved conclusively that Ferry was

643
00:40:25.360 --> 00:40:27.320
<v Speaker 1>not an official member of the CAP during most of

644
00:40:27.400 --> 00:40:36.760
<v Speaker 1>this period. Hmm wow Arian also testified that it was

645
00:40:36.840 --> 00:40:38.960
<v Speaker 1>unlawful to wear this uniform unless you were an official

646
00:40:39.000 --> 00:40:41.559
<v Speaker 1>member of the CAAP. His prejudice was shown on his

647
00:40:41.679 --> 00:40:44.320
<v Speaker 1>testimony that his opinion of Fairy would not be changed

648
00:40:44.400 --> 00:40:46.480
<v Speaker 1>even if it were proven to him that Ferry was

649
00:40:46.559 --> 00:40:49.039
<v Speaker 1>not a member of the CAAP and was not authorized

650
00:40:49.039 --> 00:40:51.400
<v Speaker 1>to wear a uniform during most of the nineteen fifty

651
00:40:51.880 --> 00:40:55.280
<v Speaker 1>nineteen fifty five to nineteen sixty period. Despite approximately a

652
00:40:55.320 --> 00:40:58.679
<v Speaker 1>half hour of leading questions and prompting by Grievance attorney

653
00:40:58.760 --> 00:41:02.760
<v Speaker 1>on redirect Struck to his story about Fairies, wearing a

654
00:41:02.880 --> 00:41:06.199
<v Speaker 1>CAP uniform during periods when he, by his own admission,

655
00:41:06.440 --> 00:41:12.400
<v Speaker 1>was not a member of the Cap. His other testimony

656
00:41:12.480 --> 00:41:14.920
<v Speaker 1>directly supported the position of the company. It was directly

657
00:41:15.000 --> 00:41:18.800
<v Speaker 1>contrary to Fairiy's testimony. He testified that Ferry had medical

658
00:41:18.840 --> 00:41:21.159
<v Speaker 1>instruments in his home prior to his mother's coming to

659
00:41:21.239 --> 00:41:23.920
<v Speaker 1>live with him. Fairry had testified that they were only

660
00:41:24.000 --> 00:41:26.920
<v Speaker 1>for his mother, That Fairry had three college degrees, that

661
00:41:27.000 --> 00:41:30.840
<v Speaker 1>Ferry was supposedly studying to be a medical doctor, that

662
00:41:31.039 --> 00:41:34.119
<v Speaker 1>Fairry hypnotized some of the boys, and that Ferry had

663
00:41:34.159 --> 00:41:38.400
<v Speaker 1>a chalice at his home. Lewallen's testimony on behalf of

664
00:41:38.480 --> 00:41:41.880
<v Speaker 1>Ferry was totally unpersuasive. Apparently, the main purpose of calling

665
00:41:41.960 --> 00:41:45.159
<v Speaker 1>LewAllen was to support Fairy's account of how he filled

666
00:41:45.199 --> 00:41:48.960
<v Speaker 1>out his inaccurate employment application form in Cleveland just before

667
00:41:49.000 --> 00:41:51.760
<v Speaker 1>being hired by Eastern. Since Luallen was in the Air

668
00:41:51.840 --> 00:41:54.599
<v Speaker 1>Force at the time, many miles away in the Carolinas,

669
00:41:54.760 --> 00:41:57.400
<v Speaker 1>he explained his presence in Cleveland by testimony that his

670
00:41:57.480 --> 00:41:59.880
<v Speaker 1>superior had given him three or four days off in

671
00:42:00.039 --> 00:42:02.400
<v Speaker 1>the middle of the week. According to Llewellyn, he was

672
00:42:02.440 --> 00:42:04.639
<v Speaker 1>not on lever On pass. He was just given some

673
00:42:04.760 --> 00:42:07.000
<v Speaker 1>time off and just happened to be in Cleveland and

674
00:42:07.079 --> 00:42:09.519
<v Speaker 1>looking over Fairy's shoulder at the time. The form was

675
00:42:09.599 --> 00:42:13.360
<v Speaker 1>filled in and signed as true. He remembered the exact

676
00:42:13.440 --> 00:42:19.559
<v Speaker 1>details vividly. That's fucking hilarious, Jesus lleu. Allen also confirmed

677
00:42:19.639 --> 00:42:22.679
<v Speaker 1>Irian's testimony about fairies participating in the Civil Air Patrol

678
00:42:22.719 --> 00:42:26.599
<v Speaker 1>during nineteen fifty five to nineteen sixty, although under extensive prompting.

679
00:42:26.800 --> 00:42:29.440
<v Speaker 1>He later changed his testimony and attempted to come in

680
00:42:29.559 --> 00:42:32.719
<v Speaker 1>line with the story that Ferry had previously given. When

681
00:42:32.760 --> 00:42:35.760
<v Speaker 1>mister Banister took the stand, the board was treated to

682
00:42:35.840 --> 00:42:38.400
<v Speaker 1>the rare experience of having one attorney for the grievance

683
00:42:38.480 --> 00:42:42.000
<v Speaker 1>elicit testimony, while the other attorney for the grievance objected

684
00:42:42.039 --> 00:42:46.199
<v Speaker 1>to the testimony and had it stricken ha about the

685
00:42:46.320 --> 00:42:49.679
<v Speaker 1>only conclusion that could be drawn from mister Banister's testimony

686
00:42:49.880 --> 00:42:52.239
<v Speaker 1>was that he had interviewed Fairy's friends and his friends

687
00:42:52.280 --> 00:42:55.159
<v Speaker 1>had spoken well of him. From all indications, he interviewed

688
00:42:55.239 --> 00:43:01.719
<v Speaker 1>only people whose names Ferry had supplied. Mister Banister testified

689
00:43:01.760 --> 00:43:06.000
<v Speaker 1>about his investigation of fairies speech before the Veterans Organization

690
00:43:06.320 --> 00:43:09.920
<v Speaker 1>in the role of an Eastern fairy must have spoken

691
00:43:10.000 --> 00:43:13.280
<v Speaker 1>before that organization twice and had both speeches stopped. Either

692
00:43:13.360 --> 00:43:17.159
<v Speaker 1>that or mister Banister's investigation was woefully inadequate, for he

693
00:43:17.239 --> 00:43:21.000
<v Speaker 1>testified as the fairies attacking the then President Eisenhower. The

694
00:43:21.119 --> 00:43:25.079
<v Speaker 1>company's evidence all related to a speech attacking President mister Kennedy.

695
00:43:29.320 --> 00:43:31.559
<v Speaker 1>Here's the last I think this is the last part discussion.

696
00:43:32.400 --> 00:43:34.599
<v Speaker 1>It would seem obvious that the evidence introduced on behalf

697
00:43:34.639 --> 00:43:37.119
<v Speaker 1>of the company or the evidence introduced on behalf of

698
00:43:37.199 --> 00:43:40.079
<v Speaker 1>the grievan, either or both establishes beyond any doubt the

699
00:43:40.119 --> 00:43:43.239
<v Speaker 1>company's discharge of Ferry was justified. The only real defense

700
00:43:43.280 --> 00:43:45.840
<v Speaker 1>set forth on behalf of the grievment was that he

701
00:43:45.960 --> 00:43:48.159
<v Speaker 1>is smart enough to stay out of jail, so he

702
00:43:48.280 --> 00:43:52.199
<v Speaker 1>is certainly good enough to be an Eastern captain. Truly,

703
00:43:52.360 --> 00:43:56.800
<v Speaker 1>this is an amazing defense. That's wild. One might expect

704
00:43:56.840 --> 00:43:58.679
<v Speaker 1>to hear it offered in defense of a janitor, but

705
00:43:58.800 --> 00:44:00.920
<v Speaker 1>it grates on the sensibility is to hear it offered

706
00:44:01.000 --> 00:44:04.960
<v Speaker 1>on behalf of an Eastern captain. An Eastern captain holds

707
00:44:05.000 --> 00:44:09.119
<v Speaker 1>a highly paid, highly respected, highly responsible position. He is

708
00:44:09.159 --> 00:44:12.199
<v Speaker 1>responsible for the lives of thousands of passengers and millions

709
00:44:12.239 --> 00:44:14.519
<v Speaker 1>on millions of dollars of equipment during the course of

710
00:44:14.559 --> 00:44:18.239
<v Speaker 1>a year. If Eastern is to secure passenger revenue with

711
00:44:18.440 --> 00:44:23.320
<v Speaker 1>which to pay its thousands of employees, it its pilot

712
00:44:23.360 --> 00:44:26.000
<v Speaker 1>group must retain the respect and trust of the traveling public.

713
00:44:26.719 --> 00:44:28.719
<v Speaker 1>The general public is in no position to judge the

714
00:44:28.760 --> 00:44:31.320
<v Speaker 1>flying ability of a pilot. It makes its judgments on

715
00:44:31.480 --> 00:44:35.000
<v Speaker 1>the appearance and general reputation of an airlines pilot personnel.

716
00:44:35.559 --> 00:44:37.840
<v Speaker 1>One does not lightly put one's life in the hands

717
00:44:37.840 --> 00:44:39.519
<v Speaker 1>of another, and certainly not in the hands of a

718
00:44:39.599 --> 00:44:44.480
<v Speaker 1>man like Ferry. The Airline Pilot's Association has long been

719
00:44:44.599 --> 00:44:47.280
<v Speaker 1>in accord with these principles. It has worked for years

720
00:44:47.320 --> 00:44:51.000
<v Speaker 1>to create a professional status for the airline pilot. Each

721
00:44:51.119 --> 00:44:53.880
<v Speaker 1>base has its professional standards committee, which is interested in

722
00:44:54.199 --> 00:44:57.039
<v Speaker 1>far more than just a pilot's flying ability. Neither the

723
00:44:57.119 --> 00:45:00.039
<v Speaker 1>company nor the ALPA would ever be satisfied to have

724
00:45:00.159 --> 00:45:02.360
<v Speaker 1>a standard set at the level necessary for the board

725
00:45:02.400 --> 00:45:05.440
<v Speaker 1>to find in favor of Fairy. Contrary to Fairy's contention,

726
00:45:05.559 --> 00:45:08.119
<v Speaker 1>one is not proven that his behavior meets the standards

727
00:45:08.159 --> 00:45:10.599
<v Speaker 1>for an airline captain. By merely proving one has not

728
00:45:10.679 --> 00:45:14.639
<v Speaker 1>been sentenced to jail. During the course of the hearing,

729
00:45:15.159 --> 00:45:18.400
<v Speaker 1>there were many discussions on the effect of the case

730
00:45:18.480 --> 00:45:22.000
<v Speaker 1>being null pross. Fairry would have had the Board believe

731
00:45:22.039 --> 00:45:24.760
<v Speaker 1>that in some ways this completely clears his record, that

732
00:45:24.880 --> 00:45:27.440
<v Speaker 1>it is in effect a finding of not guilty. Actually,

733
00:45:27.440 --> 00:45:29.199
<v Speaker 1>it amounts to nothing more than a decision by the

734
00:45:29.239 --> 00:45:32.079
<v Speaker 1>district Attorney not to proceed at the time. This is

735
00:45:32.079 --> 00:45:34.840
<v Speaker 1>spelled out in Title fifteen of the Louisiana Revised Statute,

736
00:45:34.840 --> 00:45:37.400
<v Speaker 1>Section in fifteen three twenty eight, which reads, a null

737
00:45:37.440 --> 00:45:40.960
<v Speaker 1>pross simply discharges a particular indictment or part thereof, and

738
00:45:41.159 --> 00:45:43.800
<v Speaker 1>is no bar to a subsequent prosecution for the offense

739
00:45:43.960 --> 00:45:46.920
<v Speaker 1>as to which the null pross was entered. Thus, if

740
00:45:46.920 --> 00:45:50.639
<v Speaker 1>the statute of limitations, a procedural rule having nothing to

741
00:45:50.760 --> 00:45:53.719
<v Speaker 1>do with whether or not a person is guilty of

742
00:45:53.760 --> 00:45:56.679
<v Speaker 1>a charge, has not run, ten of the original cases

743
00:45:56.760 --> 00:46:00.119
<v Speaker 1>could be refiled in Louisiana in the future. Certainly, in

744
00:46:00.280 --> 00:46:03.239
<v Speaker 1>such circumstances, the entry of a null pross is no

745
00:46:03.440 --> 00:46:06.159
<v Speaker 1>bar to this board's looking into the actions of Fairy.

746
00:46:06.840 --> 00:46:10.159
<v Speaker 1>Faerry Blandly took the position that the not guilty verdict

747
00:46:10.199 --> 00:46:13.519
<v Speaker 1>in the criminal case relating to James Landry prohibited this

748
00:46:13.639 --> 00:46:16.960
<v Speaker 1>board from considering any of his activities in connection with landry.

749
00:46:17.400 --> 00:46:19.159
<v Speaker 1>This is not even the rule in connection with the

750
00:46:19.199 --> 00:46:22.239
<v Speaker 1>courts of law, let alone action by an administrative board

751
00:46:22.679 --> 00:46:31.320
<v Speaker 1>under the Railway Labor Act. A Professor Prosser in the

752
00:46:31.440 --> 00:46:35.840
<v Speaker 1>Law of Torts a second Edition, nineteen fifty five, page

753
00:46:35.880 --> 00:46:38.480
<v Speaker 1>seven points out quote the same act may be both

754
00:46:38.480 --> 00:46:41.440
<v Speaker 1>a crime against the states and a tort against an individual.

755
00:46:41.760 --> 00:46:44.039
<v Speaker 1>In such a case, since the interests invaded are not

756
00:46:44.119 --> 00:46:47.440
<v Speaker 1>the same and the objects to be accomplished by the

757
00:46:47.480 --> 00:46:49.960
<v Speaker 1>two suits are different, there may be both a civil

758
00:46:50.039 --> 00:46:52.840
<v Speaker 1>tort action and a criminal prosecution for the same offense.

759
00:46:53.559 --> 00:46:56.639
<v Speaker 1>The two may be conducted successively or at the same time,

760
00:46:57.000 --> 00:46:59.800
<v Speaker 1>and a decision for or against the defendant in one

761
00:47:00.159 --> 00:47:05.079
<v Speaker 1>is not conclusive as to the other and quote. Perhaps

762
00:47:05.119 --> 00:47:08.960
<v Speaker 1>the most common example of this is in automobile accident cases.

763
00:47:10.000 --> 00:47:12.840
<v Speaker 1>Individual A may be criminally charged with speeding which caused

764
00:47:12.840 --> 00:47:15.280
<v Speaker 1>an accident which injured B. If A is found not

765
00:47:15.400 --> 00:47:17.679
<v Speaker 1>guilty of speeding in the criminal case, the jury in

766
00:47:17.719 --> 00:47:20.119
<v Speaker 1>a later civil action for damages may still find that

767
00:47:20.239 --> 00:47:23.360
<v Speaker 1>A was speeding and award damages to B. Indeed, it

768
00:47:23.400 --> 00:47:25.840
<v Speaker 1>would be a reversible error to permit the jury in

769
00:47:25.920 --> 00:47:27.760
<v Speaker 1>the civil action to be told that a had been

770
00:47:27.800 --> 00:47:30.760
<v Speaker 1>found not guilty of speeding in the criminal case, as

771
00:47:30.840 --> 00:47:33.400
<v Speaker 1>they must be left free to decide the issue for themselves.

772
00:47:34.199 --> 00:47:37.320
<v Speaker 1>This same theory carries over to the instant case. In

773
00:47:37.400 --> 00:47:40.000
<v Speaker 1>the criminal case involving Ferry, the interest of the state

774
00:47:40.119 --> 00:47:42.199
<v Speaker 1>was involved. The issue was whether or not Ferry had

775
00:47:42.280 --> 00:47:45.599
<v Speaker 1>violated state statute on the date set forth in the charges.

776
00:47:46.239 --> 00:47:48.920
<v Speaker 1>In this case, the interest of Eastern is involved. This

777
00:47:49.159 --> 00:47:51.559
<v Speaker 1>board is concerned with the question of whether or not

778
00:47:51.679 --> 00:47:54.639
<v Speaker 1>Faerry's conduct was such that Eastern had the right to

779
00:47:54.679 --> 00:47:59.280
<v Speaker 1>discharge him. The decision by Judge Jason Berkman, sitting as

780
00:47:59.360 --> 00:48:02.679
<v Speaker 1>neutral with these mechanical system Board of Adjustment in the

781
00:48:02.800 --> 00:48:07.159
<v Speaker 1>Clements case is direct authority for the proposition that Eastern

782
00:48:07.239 --> 00:48:10.079
<v Speaker 1>may discharge an employee for the same behavior upon which

783
00:48:10.119 --> 00:48:12.920
<v Speaker 1>the employee has successfully defended himself on a criminal case.

784
00:48:13.760 --> 00:48:17.519
<v Speaker 1>There's no distinction between the Clements case and Ferry case

785
00:48:17.800 --> 00:48:20.960
<v Speaker 1>in this question. It has been settled off for some

786
00:48:21.079 --> 00:48:24.719
<v Speaker 1>thirteen years that only a system Board of Adjustment may

787
00:48:25.239 --> 00:48:28.599
<v Speaker 1>decide an issue involving reinstatement and back pay. The leading

788
00:48:28.639 --> 00:48:31.840
<v Speaker 1>case establishing that principle and holding that only adjustment boards

789
00:48:31.920 --> 00:48:35.760
<v Speaker 1>under the Railway Labor Act have jurisdiction of such disputes.

790
00:48:36.079 --> 00:48:40.519
<v Speaker 1>Are Slocom v. Delaware and Railway Conductor's v. Southern Railway

791
00:48:40.840 --> 00:48:43.559
<v Speaker 1>three nine nine US two fifty five. Those Supreme Court

792
00:48:43.599 --> 00:48:46.840
<v Speaker 1>decisions extend the doctrines announced in Railway Conductors versus Pitney

793
00:48:47.480 --> 00:48:50.280
<v Speaker 1>to the effect that the administrative agency created under the

794
00:48:50.360 --> 00:48:53.480
<v Speaker 1>Railway Labor Act to decide just matters of contract interpretation

795
00:48:54.639 --> 00:48:57.880
<v Speaker 1>and applications should be given primary jurisdiction of such matters.

796
00:48:58.239 --> 00:49:01.239
<v Speaker 1>In the Slocom case, which involved interpreti and collective agreements

797
00:49:01.239 --> 00:49:04.360
<v Speaker 1>with respect to job assignments and backpay, the Court concluded,

798
00:49:04.599 --> 00:49:07.760
<v Speaker 1>we hold that jurisdiction of the board to adjust grievances

799
00:49:07.840 --> 00:49:11.559
<v Speaker 1>and disputes of this type is exclusive. The doctrine of

800
00:49:11.599 --> 00:49:15.199
<v Speaker 1>the Slocum case has been followed in many cases, including

801
00:49:15.360 --> 00:49:19.559
<v Speaker 1>cases involving airline adjustment boards. See for example will Leavy

802
00:49:19.679 --> 00:49:23.039
<v Speaker 1>Eastern Airlines. It lists a whole bunch of cases here. Thus,

803
00:49:23.159 --> 00:49:26.480
<v Speaker 1>no court, whether state or federal, criminal or civil, has

804
00:49:26.519 --> 00:49:29.039
<v Speaker 1>the right to determine the issue presented to this system

805
00:49:29.079 --> 00:49:31.679
<v Speaker 1>board as to whether or not Ferry is entitled to

806
00:49:31.719 --> 00:49:36.000
<v Speaker 1>reinstatement and backpay. This system board should and make should

807
00:49:36.039 --> 00:49:38.679
<v Speaker 1>and must make its own independent decision and on the

808
00:49:38.760 --> 00:49:44.039
<v Speaker 1>record before it. One of the company grounds for the

809
00:49:44.079 --> 00:49:46.719
<v Speaker 1>discharge of Ferry was that he refused to cooperate when

810
00:49:46.760 --> 00:49:49.239
<v Speaker 1>the company was conducting its investigation in January of nineteen

811
00:49:49.239 --> 00:49:51.199
<v Speaker 1>sixty three to determine what action, if any, of the

812
00:49:51.239 --> 00:49:54.480
<v Speaker 1>company should take. The transcript of that hearing, wherein Ferry

813
00:49:54.519 --> 00:49:57.639
<v Speaker 1>refused to answer even simple preliminary questions, is clear proof

814
00:49:57.679 --> 00:50:00.519
<v Speaker 1>of the charge. No defense whatsoever was offered by the

815
00:50:00.559 --> 00:50:03.800
<v Speaker 1>agreement on this point, justifying the company action on this

816
00:50:03.920 --> 00:50:06.760
<v Speaker 1>ground alone, Ferry took the position that the company had

817
00:50:06.800 --> 00:50:09.280
<v Speaker 1>no right to require him to cooperate in that investigation,

818
00:50:09.679 --> 00:50:12.440
<v Speaker 1>and making this contention, he relies on Section twenty nine

819
00:50:12.480 --> 00:50:15.679
<v Speaker 1>A of the agreement. According to Ferry, the company must

820
00:50:15.679 --> 00:50:18.639
<v Speaker 1>first take some action, and then at the first step

821
00:50:18.800 --> 00:50:21.000
<v Speaker 1>hearing he could be required for the first time to

822
00:50:21.079 --> 00:50:23.639
<v Speaker 1>offer some explanation or be required to cooperate with the

823
00:50:23.639 --> 00:50:27.119
<v Speaker 1>company's investigation. A brief example in another context should be

824
00:50:27.159 --> 00:50:30.320
<v Speaker 1>sufficient to show the absurdity of this contention. An aircraft

825
00:50:30.400 --> 00:50:32.719
<v Speaker 1>may be severely damaged in a landing and there or

826
00:50:32.760 --> 00:50:36.079
<v Speaker 1>at least three possibilities exist. There are, of course, others

827
00:50:36.480 --> 00:50:39.079
<v Speaker 1>as to the captain's responsibility. One the captain was a

828
00:50:39.159 --> 00:50:41.440
<v Speaker 1>hero who saved the lives of the passengers. Two the

829
00:50:41.519 --> 00:50:44.599
<v Speaker 1>captain was caught in an unusual circumstance and neither contributed

830
00:50:44.639 --> 00:50:47.320
<v Speaker 1>to the accident nor could he prevent it. And three

831
00:50:47.400 --> 00:50:50.159
<v Speaker 1>the captain was careless and caused the accident. According to

832
00:50:50.199 --> 00:50:52.440
<v Speaker 1>Fairy's contention, in order to get to the captain's side

833
00:50:52.440 --> 00:50:54.239
<v Speaker 1>of the story, in order to determine whether he was

834
00:50:54.280 --> 00:50:58.360
<v Speaker 1>a hero or a victim of circumstance or careless, the

835
00:50:58.440 --> 00:51:01.639
<v Speaker 1>company must first discharge him and then discuss the matter

836
00:51:01.719 --> 00:51:04.679
<v Speaker 1>with him at the first step hearing. Of course, Faery's

837
00:51:04.760 --> 00:51:07.639
<v Speaker 1>interpretation is absurd. The company has an absolute right to

838
00:51:07.719 --> 00:51:10.400
<v Speaker 1>investigate in question and employee about things that might affect

839
00:51:10.440 --> 00:51:13.679
<v Speaker 1>his employee status. The employee must cooperate or lose his employment.

840
00:51:13.880 --> 00:51:16.440
<v Speaker 1>As every individual realizes, when you take a job, you

841
00:51:16.559 --> 00:51:19.920
<v Speaker 1>must give up a portion of your right of privacy

842
00:51:20.119 --> 00:51:23.119
<v Speaker 1>or face the consequence of being discharged. This is the

843
00:51:23.159 --> 00:51:30.079
<v Speaker 1>effect of the decision of Judge Keyho in the O'Neill case. Um,

844
00:51:32.599 --> 00:51:39.239
<v Speaker 1>all right, so I don't think I need to read

845
00:51:39.280 --> 00:51:41.119
<v Speaker 1>the rest of this. You know why David Ferry got

846
00:51:41.119 --> 00:51:42.920
<v Speaker 1>fired because he's a weirdo pedophile and he didn't want

847
00:51:42.920 --> 00:51:47.480
<v Speaker 1>to cooperate. And that's basically what they're saying here, Umm

848
00:51:49.480 --> 00:51:52.159
<v Speaker 1>continuing on just to see if there's anything I'm missing,

849
00:51:53.679 --> 00:51:58.920
<v Speaker 1>It doesn't really appear to be that way, so fairy.

850
00:51:59.599 --> 00:52:01.719
<v Speaker 1>He tried to use like legal ease and you know,

851
00:52:01.920 --> 00:52:05.360
<v Speaker 1>the letter of like the statements in the contracts and whatnot,

852
00:52:05.400 --> 00:52:10.960
<v Speaker 1>to get around having to cooperate with Eastern Airlines. But

853
00:52:11.719 --> 00:52:14.559
<v Speaker 1>it's you know, it's just like police. You know, let's

854
00:52:14.559 --> 00:52:17.119
<v Speaker 1>say you're getting to a police ie investigation and you

855
00:52:17.199 --> 00:52:19.400
<v Speaker 1>get let's say a cop gets arrested for some bs,

856
00:52:19.760 --> 00:52:23.360
<v Speaker 1>but then the charges get dropped, right internal affairs at

857
00:52:23.400 --> 00:52:25.400
<v Speaker 1>his own agency. If he went in there and said, oh,

858
00:52:25.400 --> 00:52:28.559
<v Speaker 1>well the charges were dropped, so we're good here, the

859
00:52:29.079 --> 00:52:31.119
<v Speaker 1>agency he works for would be like no, no, no, no, no, no,

860
00:52:31.360 --> 00:52:33.559
<v Speaker 1>I don't think so what the fuck happened? Right? And

861
00:52:33.639 --> 00:52:35.480
<v Speaker 1>that's exactly what Eastern Airlines did, and they had an

862
00:52:35.480 --> 00:52:38.159
<v Speaker 1>absolute right to investigate. But he's trying to like legal

863
00:52:38.199 --> 00:52:42.920
<v Speaker 1>ease his way out of it. And the last paragraph

864
00:52:42.960 --> 00:52:45.840
<v Speaker 1>here conclusion on the evidence introduced at the hearings. The

865
00:52:45.880 --> 00:52:50.119
<v Speaker 1>Board should and must find that grievances fifteen sixty three,

866
00:52:50.239 --> 00:52:52.920
<v Speaker 1>twenty nine sixty three, and forty eight sixty three must

867
00:52:52.960 --> 00:52:57.440
<v Speaker 1>be denied, respectfully. William G. Belt Junior or September ninth,

868
00:52:58.000 --> 00:53:02.239
<v Speaker 1>nineteen sixty three. So this didn't even wrap up to

869
00:53:02.360 --> 00:53:06.639
<v Speaker 1>like two months before the assassination, right. I wonder how

870
00:53:06.719 --> 00:53:10.719
<v Speaker 1>much that played a part in David Ferri's persona, because

871
00:53:10.760 --> 00:53:12.360
<v Speaker 1>both of these things were overlapping at the time. That

872
00:53:12.440 --> 00:53:18.159
<v Speaker 1>motherfucker must have been under some stress, all right. So next,

873
00:53:18.239 --> 00:53:20.400
<v Speaker 1>it looks like we get onto the Alexander Landry stuff

874
00:53:20.519 --> 00:53:24.639
<v Speaker 1>and we will talk about this on the next Corey

875
00:53:24.719 --> 00:53:26.880
<v Speaker 1>Hughes Bloody History. Thanks for tuning in, everybody,
