Report of the President's Commission on the Assassination of President John F. Kennedy

APPENDIX XVII

Appendix XVII documents Jack Ruby’s persistent efforts, beginning as early as December 1963, to be tested by a polygraph, truth serum, or other scientific device that would establish his veracity, especially regarding any conspiratorial connection between himself and Lee Harvey Oswald. It records the procedural steps taken by his defense counsel in the Texas criminal proceedings—motions filed in court and a request that the FBI administer the examination—Ruby’s reiteration of the request during a May 11, 1964 psychiatric examination, and the numerous letters written to the President’s Commission on his behalf requesting a polygraph examination.

Polygraph Examination of Jack Ruby

The polygraph examination of Jack Ruby was undertaken at his own repeated insistence and at the request of his defense counsel, who sought an objective scientific test of any conspiratorial link between Ruby and Oswald. The appendix traces Ruby’s persistent requests from December 1963 onward and the formal defense motions and FBI requests filed in support of such a test, culminating in his restated wish during a May 11, 1964 psychiatric examination and the flood of letters to the President’s Commission urging that the examination be conducted.

PRELIMINARY ARRANGEMENTS

As early as December 1963, Jack Ruby expressed a desire to be examined by a polygraph, truth serum, or any other scientific device that would test his veracity, and his attorneys in the Texas criminal proceedings agreed that such an examination should be conducted to assess any conspiratorial connection between Ruby and Oswald. To that end, Ruby’s defense counsel filed motions in court and requested that the FBI administer the test; during a psychiatric examination on May 11, 1964, Ruby stated, “I want to tell the truth. I want a polygraph * * *,” and numerous letters were written to the President’s Commission on his behalf requesting a polygraph examination.

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This chapter documents the Warren Commission’s efforts to arrange, administer, and interpret a polygraph examination for Jack Ruby following his repeated requests during testimony. The narrative covers Ruby’s insistence on taking a lie detector test, opposition from his family and counsel, extensive preliminary proceedings to determine the conditions of the examination, the actual administration of the test by FBI polygraph operator Special Agent Bell P. Herndon, the technical interpretation of the polygraph results, and an assessment of the examination’s validity in light of Ruby’s mental state.

Ruby’s Polygraph Request During Commission Testimony

When Jack Ruby testified before the Warren Commission at the Dallas County Jail on June 7, 1964, his opening words were a request for a lie detector test. Expressing concern that the pressure of events might “brainwash” him, Ruby asked Chief Justice Warren whether the Commission had confidence in lie detector tests and truth serum. Warren replied that while he could not vouch for the test’s reliability, he would arrange any kind of test Ruby and his counsel desired. Defense counsel Joe Tonahill agreed to the request. Throughout his testimony, Ruby repeatedly renewed his plea for a polygraph examination, and in the final portion of the hearings he stated that the polygraph was “the only way you can know” whether he was telling the truth, to which Warren agreed.

Polygraph Examination Arrangements and Opposition

Following Ruby’s persistence, the Commission arranged for the FBI to conduct the polygraph examination, scheduling it for July 16, 1964, and preparing a detailed set of questions. A few days before the test, the Commission learned that Ruby’s sister Eva Grant and his attorney Joe Tonahill opposed the polygraph on the ground that psychiatric examinations indicated Ruby’s mental state would render the test meaningless. Detroit attorney Sol Dann, representing the Ruby family, informed the Dallas FBI office on July 15, 1964, that the examination would harm Ruby’s health and was of questionable value according to Detroit psychiatrist Dr. Emanuel Tanay. On the same date, Assistant Counsel Arlen Specter discussed the matter with Tonahill, who personally favored administering the test. Dallas District Attorney Henry Wade requested by letter that the polygraph cover both premeditation and the defensive theories in the case.