I am not much on conspiracy theories, but something this public, and of such magnitude, doesn't happen because some guy is waiting in a kitchen with a gun on the off chance a Presidential candidate shows up.
Los Angeles (CNN) -- Sirhan Sirhan, convicted of the
1968 assassination of presidential candidate Sen. Robert F. Kennedy,
should be freed from prison or granted a new trial based on "formidable
evidence" asserting his innocence and "horrendous violations" of his
rights, defense attorneys said in federal court papers filed this week.
In a U.S. District Court brief, Sirhan's lawyers also say that an
expert analysis of recently uncovered evidence shows two guns were fired
in the assassination and that Sirhan's revolver was not the gun that
shot Kennedy.
Attorneys William F. Pepper and Laurie D. Dusek also allege that
fraud was committed in Sirhan's 1969 trial when the court allowed a
substitute bullet to be admitted as evidence for a real bullet removed
from Kennedy's neck.
The attorneys further assert that Sirhan was hypno-programmed to be a
diversion for the real assassin and allege that Sirhan would be easily
blamed for the assassination because he is an Arab. Sirhan, 67, is a
Christian Palestinian born in Jerusalem whose parents brought him and
his siblings to America in the 1950s.
Sirhan "was an involuntary participant in the crimes being committed
because he was subjected to sophisticated hypno programming and memory
implantation techniques which rendered him unable to consciously control
his thoughts and actions at the time the crimes were being committed,"
court papers said.
The California Attorney General's office declined to comment Saturday
on Sirhan's court filings, said spokeswoman Lynda Gledhill.
Court papers filed by Sirhan's attorneys say the state "refuses to
acknowledge that hypno programming/mind control is not fiction but
reality and has been used for years by the U.S. military, Central
Intelligence Agency and other covert organizations.
"Though the practices of hypno programming/mind control is hardly
new, the public has been shielded from the darker side of the practice.
The average person is unaware that hypnosis can and is used to induct
antisocial conduct in humans," Sirhan's court filings say.
Pepper and Dusek represented Sirhan earlier this year in his
unsuccessful request for parole from Pleasant Valley State Prison in
Coalinga, California, 200 miles northwest of downtown Los Angeles. He is
serving a life sentence.
Sirhan was convicted of killing Kennedy and wounding five other
people during the June 5, 1968, shooting inside the kitchen service
pantry of the former Ambassador Hotel in Los Angeles.
Three bullets struck Kennedy's body while a fourth bullet passed
harmlessly through the shoulder of his suit coat. Kennedy, the most
seriously wounded of the six victims, died the next day. The other five
people survived their wounds.
The substitute bullet was introduced in the trial as the actual
bullet removed from Kennedy's neck and alleged to have been matched to
Sirhan's gun, Pepper said.
Pepper and Dusek are requesting a hearing to present dramatic new findings that they say show a kitchen crossfire in the hotel.
An analysis of a recently uncovered audiotape of the assassination
shows that in addition to the eight gunshots fired by Sirhan's
Iver-Johnson handgun, five other shots were fired by a second gun from
the opposite direction, Sirhan's attorneys said.
The sound recording "clearly showed that 13 shots were fired in the
pantry, and Sirhan's gun had only eight shots, so it definitely means
there was a second shooter," Pepper told CNN.
The tape was made 40 feet away from the crime scene by freelance
newspaper reporter Stanislaw Pruszynski and is the only known recording
of the gunshots fired in Robert Kennedy's assassination. The recording
was uncovered in 2004 by CNN's Brad Johnson, who had it independently
examined by two experts, Spence Whitehead and Philip Van Praag. They
concluded, individually, that more than eight shots were captured in the
tape.
Watch Johnson's 2009 CNN "Backstory"report on the experts' separate findings.
In their court filings, Pepper and Dusek are focusing on Van Praag's
analysis. Van Praag concludes that the Pruszynski recording is authentic
and reveals that, over a five-second period in the pantry, two guns
fired 13 shots, exceeding the capacity of the eight-shot Iver-Johnson
Cadet -- the only gun that Sirhan possessed and had no opportunity to
reload.
Van Praag rules out the possibility that any of the 13 shots were
echoes, ricochets or non-gunshot sounds. He also finds that some of the
shots were fired too rapidly, at intervals too close together for all
the shots to have come from Sirhan's inexpensive handgun. Van Praag
further concludes that the five shots fired opposite the direction of
Sirhan's eight shots displayed a "frequency anomaly" indicating the
second gun's make and model were different from Sirhan's weapon.
Pepper said that witnesses reported Sirhan was standing several feet
in front of Kennedy and firing nearly horizontally while the medical
evidence showed Kennedy's body and clothing were struck by four bullets
fired point-blank from behind the Senator at steep upward angles.
Pepper said witnesses reported that bystanders grabbed Sirhan
immediately after he fired his first two shots and that they had his
firing arm pinned against a steam table, forcing Sirhan to fire his
gun's remaining six bullets away from Kennedy, thus striking other
people instead.
For decades following the 1968 assassination, Sirhan had claimed he
could not remember the Kennedy shooting. Pepper and Dusek argue this is
because he was "hypno-programmed" to fire his gun in the pantry and to
then forget the shooting, his programming and those who had programmed
him.
In 2008, Pepper hired a Harvard University memory expert who says he
got the imprisoned Sirhan to recall the Kennedy shooting for the first
time.
That expert is Daniel Brown, an associate clinical professor in
psychology at Harvard Medical School who submitted a statement to the
parole board after interviewing Sirhan for 60 hours over a three-year
period. Brown says Sirhan now remembers that when he fired his shots in
the pantry he believed he was at a gun range and shooting at circular
targets, according to Pepper.
Brown believes Sirhan was programmed to do this so as to cause a
distraction in the pantry, allowing a second gunman to secretly shoot
Kennedy from behind, according to Sirhan's attorneys. Brown is described
in Sirhan's court papers as "one of the world's foremost experts in
hypno programming."
Brown says Sirhan now remembers hearing loud sounds he describes as
"the thunderclap of other bullets" being fired by another gun in the
pantry, the defense attorneys said. Brown says Sirhan also recalls
seeing flashes in front of him that he associates with gunfire inside
the pantry but not coming from his own weapon, according to Pepper.
Pepper accused both prosecutors and Sirhan's lead attorney, Grant
Cooper, who has since died, of misconduct in the 1969 trial. At that
time, Cooper was under federal indictment for illegally possessing grand
jury minutes in an unrelated case, but the indictment was dropped after
Sirhan's sentencing, Pepper said.
"The state suppressed, destroyed and withheld a great deal of
evidence," Pepper said in an interview Saturday. Sirhan's "counsel
provided totally ineffective assistance and collaborated with the
prosecution in violation of his 6th Amendment rights.
"The prosecution told the judge in chambers that we do not have
foundation for some of our ballistics evidence, and the defense counsel
immediately jumped in and said, don't worry about that, we will
stipulate that all of the ballistics evidence is what you say it is,"
Pepper said.
Los Angeles County prosecutors couldn't immediately comment Saturday, a spokeswoman said.
Said Pepper: "This is one of the most egregious miscarriages of
justice imaginable, and because it relates to the assassination of a man
who would likely have been president of the United States, the feeling
of sadness is irrepressible in these circumstances."
Pepper said he personally knew Kennedy and his family, and ran his
campaign in the heavily Republican Westchester County in New York when
Kennedy, a Democrat, successfully ran for the U.S. Senate in 1964.
Sirhan never became a U.S. citizen, so if he were released from
prison, he would be deemed an illegal immigrant and likely be deported
to Jordan, where he has extended family, Pepper said.
In 1968, the 42-year-old Kennedy, younger brother of the assassinated
President John F. Kennedy, was a leading contender for the Democratic
presidential nomination against Vice President Hubert Humphrey and Sen.
Eugene McCarthy.
On the night of his assassination, Kennedy had just appeared on live
television in an Ambassador Hotel ballroom, where he had claimed victory
over McCarthy in the California primary election. Moments later, he was
fatally wounded in the hotel service pantry while on his way to a press
conference set for a small banquet room just beyond the pantry. The
shooting in the pantry was not captured by any cameras.
At Sirhan's 1969 trial, prosecutors argued Sirhan killed Kennedy
because of statements the New York senator made about the United States
sending fighter jets to aid Israel.
But in the court papers filed this week, Sirhan's attorneys dismissed
that allegation as a "most speculative motive," without any sworn
statements for substantiation.
Sirhan was the only person arrested in Robert Kennedy's assassination.
And so it goes.