Witness Testimony of Oswald’s Arrest Gun
Speculation suggested there was no independent witness aside from the police who testified that Oswald was carrying a gun when arrested. The Commission found that Johnny Brewer testified before the Commission that he saw Oswald pull a gun and saw it taken away from him by a policeman.
Oswald After Arrest: Police Brutality Allegations
The Commission found that assertions that Dallas police treated Oswald brutally and denied him constitutional rights to legal counsel had no foundation in fact, and insinuations that police officials and District Attorney Henry M. Wade fabricated or altered evidence were baseless. While officials made errors in providing evidential information to the press, these were the result of misapprehensions or ignorance rather than intent. The Commission also addressed the alleged “Darryl Click” taxicab driver claim, finding that no such person existed; the attribution came from an error in transcription of a press conference where a reference to the “Oak Cliff” area was rendered as a person’s name. Regarding the brutality allegation specifically, the Commission found that Oswald resisted arrest in the Texas Theatre and drew a gun, receiving a slight cut over his right eye and a bruise under his left eye during his struggles, but was neither ill-treated nor abused while in police custody.
Oswald’s Formal Criminal Charges
Speculation suggested Oswald was never formally charged with the assassination of the President and was charged only with the shooting of Patrolman Tippit. The Commission found that Oswald was arraigned for the murder of President Kennedy before Justice of the Peace David Johnston on the fourth floor of the Police Department building at 1:35 a.m. on November 23, and had previously been arraigned before Johnston for the murder of Tippit at 7:10 p.m. on November 22.
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