[1]14-001
[3]104-10107-10008) | 2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992 |
[6]Lee ee TEEN TT
[8], ° To aed eee Ri ee
[9]RETURN TO CIA Oe DF ~ CLE
[10]Background Use Only PRP oe
[11]Do Not Reproduce
[13]j1 January 1977
[15]he
[17]MEMORANDUM FOR: Chief, SE Division
[19]ATTENTION : Division Security Officer -
[20]. Cm)
[21]FROM + (thomas L. Briggs >
[22]SE/X/LA .
[23]SUBJECT : Appearance As Witness In Behalf of the
[25]United States Government
[27]REFERENCE : USA V. Gerald P. Hemming, Et Al. (76-371-CR-CA)
[29]1. _ During the period of my employment as a-Special Agent. at the
[31]Diug Enforcumont Acaluistinclcn Ct Tar. 1977), T conducted an
[33]interview of Gér'ald Patrick Hemming (DPOB 1 March 1937, at Los Angeles,
[34]California) on 23 May 1975 at DEA Headquarters in Washington, D.C.
[35]_ My report. concerning that interview has become part of the case file
[36]in -USA v. Gerald P. Hemming, Et Al., Case Number 76-371-CR-CA, -
[37]Southern District of Florida, Miami, Florida. oe
[39]2. Upon my entrance on duty in SE Division on 5 January 1977,
[40]I orally informed the Division Security Officer, Billy Hix, about
[41]the information in paragraph 1 above. Mr. Hix asked me to submit
[42]the information in writing as soon as I was settled in the Division.
[43]On 7 January 1977, however ,, Special Agent Robert Fredericks
[44]telephonically contactediege Mason) DC/SE/X/LA, and told her that
[45]the United States Attornery, Southern District of Florida, had
[46]requested that I appear at the U.S. Courthouse, Miami, Florida on
[47]10 January 1977 to confer with the Assistant United States Attorney,
[48]Karen L. Atkinson, regarding my appearance as a witness in behalf of the
[49]U.S. Government in the trial of Gerald P. Hemming.
[51]3. During the afternoon of 7 January 1977 I conferred with Mr. Hix
[52]who advised me to contact the Office of the General Counsel. I talked
[53]to Mr. Edmund Cohen who advised me to get in touch with the Office of
[54]Security, External Activities Branch (OS/EAB). I completed an
[55]Outside Activity Approval Request (Form 879), obtained the concurrence
[56]of DC/SE, Mr. John Stein, and submitted the Form 879 to OS/EAB.
[57]OS/EAB sent me to Central Cover Staff (Mr. Blandford) and then to the
[58]Office of the General Counsel. After discussions with Mr. Cohen, I called
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[64]i in) s
[66]S/A Fredericks in Miami at Mr. Cohen's suggestion. S/A Fredericks was
[67]not available. Mr. Cohen then advised me to return to my office and
[68]he would contact me with further instructions. Mr. Cohen retained
[70]the Form 879. Subsequently, Mr. Cohen advised me that I.should travel |
[72]to Miami as requested and that CIA would reimburse me for expenses
[73]connected with my activities in behalf of the U.S. Government. He
[75]further advised me that being in an overt cover status I should state, ©
[77]if asked under oath, that I am currently a CIA employee.
[79]4. On 10 January 1977 I traveled to Miami where I met and
[80]conferred with AUSA Karen Atkinson and DEA S/A Robert Fredericks.
[81]They informed me that Gerald P. Hemming's case had been severed and
[82]his trial would not begin on 11 January. AUSA Atkinson told me she
[83]wanted me as a rebuttal witness if Gerald P. Hemming presented the
[84]defense that he had been working at the direction of DEA. She said
[85]they would not call me until and unless that defense was presented.
[86]She also said that she felt that any attempt to question me concerning
[87]my Current place of employment was irrelevent and she would object to
[88]any such line of questioning. She said she would only ask me where
[89]I was employed at the time I interviewed Hemming. I returned to
[91]Washington B60. fe cailic Guy.
[92]03
[93](Thomas L. Briggs)
[94]Distribution:
[97]i- oc
[101]ae axon
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[105]t
[107]Gir
[109]16 January 1978
[111]MEMORANDUM FOR THE RECORD
[113]FROM: Edmund Cohen
[114]Assistant General Counsel
[116]SUBJECT: U.S. v. Hemming
[120]On 22 November 1977 the undersigned accompanied by Messrs .(Thomas
[121]Briggs) Gary Mattocks and Robert Barteaux, travelled to Miami to confer with
[122]Judge Hoeveler, and Assistant U.S. Attorney Thomas M. Sherouse, U.S. District
[123]Court, Southern District of Florida, about subject case. Messrs (Brig; s)and
[124]Mattocks had dealt with Mr. Hemming while they were employed by the Drug
[125]Enforcement Administration and Mr. Sherouse wanted them available as rebuttal
[126]witnesses. Mr. Barteaux also was sought as a possible rebuttal witness to describe
[127]the Agency's relationship with Mr. Hemming in the event that Hemming raised a
[128]CIA defense.
[130]ae)
[132]2. On 23 November Mr. Griggs) Mr.. Barteaux and the undersigned met in
[133]chambers with Judge Hoeveler, Mr. Sherouse, Mr. Roger Howard, law clerk to
[134]Judge Hoeveler, and Mr. Ted Sakowitz, Public Defender for the Southern District
[135]of Florida. Mr. Sherouse decided that Mr. Mattocks would not be required to
[136]testify and he did not attend the meeting. The Judge initially expressed some reluc-
[137]tance to have an ex parte conference because Mr. Hemming had assumed primary
[138]responsibility for his own defense with only limited assistance from the Public
[139]Defender. The Judge insisted that a transcript of the meeting be made but he
[140]promised that the transcript would be sealed and, in fact, would not be transcribed.
[142]3. The undersigned indicated that the Agency had no interest in the outcome
[143]of the case and interposed no objection, fo ‘the introduction of any relevant information.
[144]Our sole concern was to protect Mr icone his relationship with’CIA both before
[145]and after his DEA employment. The Judge was informed that Me ®riggs')sole con-
[146]nection with Hemming was on 23 May 1975 and that he had no contact with Hemming
[147]during any period of Agency employment. The national security consequences of
[148]exposure of Mf? ®riggs as well as the career consequences were outlined. In addition,
[149]the Judge was informed that Mr. Barteaux was prepared to testify as an overt Agency
[150]employee about any relationship between Hemming and CIA.
[152]SEORET
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[159]-
[161]“7
[164]4. Judge Hoeveler asked Mr. Sakowitz to cross-examine Mr Grid to
[165]determine whether he had any information which might be relevant to Hemming's
[166]defense. Mr. Sakowitz stated that although he was aware that Mr. Hemming wished
[167]to call Mr (Briggd23 a witness, he was not fully informed of all aspects of the case
[168]and, therefc re, reluctant to question Mr. Griggs 2}Thereupon, Judge Hoeveler,
[169]swore in Mr: riggs)and proceeded to ask him a series of questions to determine
[170]whether Mr. Griggs) interaction with Mr. Hemming had been in any way connected
[171]with his CIA employment. At the conclusion of this examination the Judge gave
[172]Mr. Sakowitz a second opportunity to question Mr? Griggdand when Mr. Sakowitz
[173]again declined, he stated that in light of the national security consequences which
[174]had been brought to his attention he was not inclined to permit questions relating
[175]to Mr. Grigg CIA employment.
[176][o)
[178]5. At the conclusion of the conference in chambers, but before the jury was
[179]admitted into the courtroom, Mr. Sherouse informed Mr. Hemming that Mr. riggs)°3
[180]was available as a witness. When the trial proceeded Mr. Hemming concluded
[181]his defense without calling Mr? Griggs. Mr. Sherouse, however, did call Mr. 03
[182]@riggs)as a rebuttal witness. On cross-examination Mr. Hemming asked Mr .@riggs)
[183]whether he was with CIA. Mr. Sherouse promptly objected to the question, the
[184]Judge sustained the objection and Mr. Hemming went on to the next question. The
[185]trial concluded soon afterwards without Mr. Barteaux being called as a witness.
[187]It was subsequently learned that Mr. Hemming was found guilty as charged.
[189]SA 7
[191]i
[193]PLM.
[194]Edmund Cohen
[198]Distribution:
[200]Origing}/ LITIGATION-CRIMINAL, Hemming Gerald P.
[202]- EC Signer
[203]1 - Chrono
[206]14-0000
[208]CLASSIFY AS APPROPRIATE
[210]_ OUTSIDE ACTIVITY APPROVAL REQUEST
[212]COMPLETE AND FORWARD ORIGINAL AND 2 COPIES TO EXTERNAL ACTIVITIES BRANCH
[214]DIRECTOR OF SECURITY; ATIN: EXTERNAL ACTIVITIES BRANCH
[218]ROOM NO. AND BLDG.
[220]cast Dew 2023 229
[224]$1. FULL DESCRIPTION OF CUTSIDE ACTIVITY FOR WHICH APPROVAL !S REQUESTED INCLUDING NAMES OF ORGANIZATIONS OR INDIVIDUALS
[225]CONCERNED. DATES. LOCALE. ETc. (Refer to HR 10-7 before completing)
[227]| 2- REMARKS BY REQUESTOR
[229]IN ENGAGING IN THE REQUESTED ACTIVITY, I WILL MAKE NO REFERENCE TO OR DISCUSS
[230]MY CIA ASSIGNMENTS OR DUTIES. I (WILL, WILL NOT) BE IDENTIFIED AS EMPLOYED BY CIA
[231]FOR THE FOLLOWING REASONS:
[233]TF
[235]SIGNATURE OF REQUESTING EMPLOYEE
[236]f 3. COMMENTS AND CONCURRENCE OF STAFF, DIVISION OR OFFICE HEAD
[238]DATE SIGNATURE OF OPERATING OFFICIAL
[240]FOR COMPLETION BY EXTERNAL ACTIVITIES BRANCH AND RETURN OF ORIGINAL TO EMPLOYEE
[242]DATE:
[244]SECURITY. APPROVAL HAS BEEN (GRANTED, DENIED)
[245]FOR THE ACTIVITY CONTEMPLATED BY THIS REQUEST.
[247](Pl (wor) CHIEF, SECURITY SUPPORT DIVISION
[249]FORM OFF USE FPREVIQNS CLASSIFY AS APPROPRIATE
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