WASHINGTON
POST – May 26, 2018
Who
killed Bobby Kennedy? His son RFK Jr. doesn’t believe it was Sirhan Sirhan.
By Tom Jackman
Sen. Robert F. Kennedy lies wounded on the floor of the Ambassador Hotel in Los Angeles on June 5, 1968. His wife, Ethel, is at lower left. (Bettman Archive/Getty Images)
LOS
ANGELES — Just before Christmas, Robert F. Kennedy Jr. pulled up to the massive
Richard J. Donovan Correctional Facility, a California state prison complex in
the desert outside San Diego that holds nearly 4,000 inmates. Kennedy was there
to visit Sirhan B. Sirhan, the man convicted of killing his father, Sen. Robert
F. Kennedy, nearly 50 years ago.
While
his wife, the actress Cheryl Hines, waited in the car, Kennedy met with
Sirhan for three hours, he revealed to The Washington Post last week. It was
the culmination of months of research by Kennedy into the assassination,
including speaking with witnesses and reading the autopsy and police
reports.
“I got
to a place where I had to see Sirhan,” Kennedy said. He would not discuss the
specifics of their conversation. But when it was over, Kennedy had joined those
who believe there was a second gunman, and that it was not Sirhan who killed
his father.
“I went
there because I was curious and disturbed by what I had seen in the evidence,”
said Kennedy, an environmental lawyer and the third oldest of his father’s 11
children. “I was disturbed that the wrong person might have been convicted of
killing my father. My father was the chief law enforcement officer in this country.
I think it would have disturbed him if somebody was put in jail for a crime
they didn’t commit.”
Kennedy,
64, said he doesn’t know if his involvement in the case will change anything.
But he now supports the call for a reinvestigation of the assassination — which
is led by Paul Schrade, who also was shot in the head as he walked behind
Kennedy in the pantry of the Ambassador Hotel in Los Angeles but survived.
His
sister. former Maryland lieutenant governor Kathleen Kennedy Townsend, is now
expressing doubts, too. “Bobby makes a compelling case,” she told The
Post. “I think [the investigation] should be reopened.”
Robert
F. Kennedy Jr. was just 14 when he lost his father. Even now, people tell him
how much Bobby Kennedy meant to them.
RFK’s
death — five years after his brother, President John F. Kennedy, was gunned
down in Dallas and two months after civil rights leader the Rev. Martin Luther
King Jr. was killed in Memphis — devastated a country already beset by
chaos.
In
1968, the
Vietnam War raged, American cities had erupted
in riots after MLK’s assassination and tensions between war protesters
and supporters were growing uglier. Robert F. Kennedy’s newly launched
presidential bid had raised hopes that the New York Democrat and former
attorney general could somehow unite a divided nation. The gunshots fired that
June night changed all that.
Though
Sirhan admitted at his trial in 1969 that he shot Kennedy, he claimed from the
start that he had no memory of doing so. And midway through Sirhan’s trial,
prosecutors provided his lawyers with an autopsy report that launched five
decades of controversy: Kennedy was shot at point-blank range from behind,
including a fatal shot behind his ear. But Sirhan, a 24-year-old Palestinian
immigrant, was standing in front of him.
Was
there a second gunman? The debate rages to this day.
But the
legal system has not entertained doubts. A jury convicted Sirhan of
first-degree murder and sentenced him to death in 1969, which was commuted to a
life term in 1972. Sirhan’s appeals have been rejected at every level, as
recently as 2016, even with the courts considering new evidence that has
emerged over the years that as many as 13 shots were fired — Sirhan’s gun held
only eight bullets — and that Sirhan may have been subjected to coercive
hypnosis, in a real-life version of “The Manchurian Candidate.”]
His case
is closed. His lawyers are now launching a long-shot bid to have the
Inter-American Court of Human Rights hold an evidentiary hearing, while Schrade
is hoping for a group such as the Innocence Project to take on the case. A
spokesman for the Innocence Project said that the organization does not discuss
cases at the consideration stage.
In the
final court rejection of Sirhan’s appeals, U.S. Magistrate Judge Andrew J.
Wistrich ruled, “Even if the second shooter’s bullet was the one that killed
Senator Kennedy, [Sirhan] would be liable [for murder] as an aider and
abettor.” And if Sirhan was unaware of the second shooter, Wistrich wrote that
the scenario of a second gunman who shot Kennedy “at close range with the same
type of gun and ammunition as [Sirhan] was using, but managed to escape the
crowded room without notice of almost any of the roomful of witnesses, lacks
any evidentiary support.”
‘Is
everybody okay?’
On June
5, 1968, Kennedy had just won the California Democratic presidential primary
and delivered a victory speech to a delirious crowd.
t 12:15
a.m., the 42-year-old candidate and Schrade left the celebration, walking
through the hotel pantry en route to a news conference. Schrade was a regional
director of the United Auto Workers who had helped Kennedy round up labor
support, and Kennedy had singled him out for thanks in his victory speech
moments earlier.
Schrade,
now 93, still recalls the scene in the pantry vividly.
“He
immediately started shaking hands” with kitchen workers, Schrade said of
Kennedy. “The TV lights went on. I got hit. I didn’t know I was hit. I was
shaking violently, and I fell. Then Bob fell. I saw flashes and heard
crackling. The crackling actually was all the other bullets being fired.”
Witnesses
reported that Kennedy said, “Is everybody okay? Is Paul all right?”
Kennedy
was still conscious as his wife, Ethel, pregnant with their 11th child, rushed
to his side. He lived for another day and died at 1:44 a.m. June 6, 1968.
Schrade
was shot above the forehead but the bullet bounced off his skull. Four other
people, including ABC News producer William Weisel, were also wounded. All
survived.
Sirhan
was captured immediately; he had a .22-caliber revolver in his hand. Karl
Uecker, an Ambassador Hotel maitre d’ who was escorting Kennedy through the
pantry, testified that he grabbed Sirhan’s wrist and pinned it down after two
shots and that Sirhan continued to fire wildly while being held down, never
getting close to Kennedy. An Ambassador waiter and a Kennedy aide also said
they tackled Sirhan after two or three shots.
Several
other witnesses also said he was not close enough to place the gun against
Kennedy’s back, where famed Los Angeles coroner Thomas Noguchi found powder
burns on the senator’s jacket and on his hair, indicating shots fired at close
contact. These witnesses provided more proof for those who insist a second
gunman was involved.
The Los
Angeles District Attorney’s Office and the Los Angeles Police Department
declined interviews on what both consider a closed case.
Schrade
believes that Sirhan shot him and the others who were wounded but that he did
not kill Kennedy. Since 1974, Schrade has led the crusade to try to persuade
authorities — the police, prosecutors, the feds, anyone — to reinvestigate the
case and identify the second gunman.
“Yes, he
did shoot me. Yes, he shot four other people and aimed at Kennedy,” Schrade
said in an interview at his Laurel Canyon home. “The important thing is he did
not shoot Robert Kennedy. Why didn’t they go after the second gunman? They knew
about him right away. They didn’t want to know who it was. They wanted a
quickie.”
‘He
never got near my father’
At
trial, defense lawyer Grant Cooper made the decision not to contest the charge
that Sirhan fired the fatal shot and instead tried to persuade the jury not to
impose the death penalty by arguing Sirhan had “diminished capacity” and didn’t
know what he was doing. It is a standard tactic by attorneys in death-penalty
cases, but Cooper, who died in 1990, was widely criticized for not
investigating the case before conceding guilt.
Sirhan
is now 74 and approaching 50 years behind bars. After California’s courts
abolished the death penalty in 1972, he was first made eligible for parole in
1986 but has been rejected repeatedly.
In 2016,
Schrade spoke on Sirhan’s behalf at his parole hearing and apologized for not
coming forward sooner to advocate for Sirhan’s release and exoneration.
California
inmates are not permitted to give media interviews, and Sirhan did not respond
to a letter from The Post. But his brother, Munir Sirhan, said Sirhan still
hopes to be released and that his defense team probably hurt his case more than
helped it.
There’s
plenty of damning evidence against Sirhan. He confessed to the killing at
trial, although he claims this was done on his attorney’s instruction. He took
hours of target practice with his pistol earlier in the day, and he took the
gun into the Ambassador Hotel that night. He had been seen at a Kennedy speech
at the Ambassador two days earlier. He had a newspaper clipping critical of
Kennedy in his pocket and had written “RFK must die” in notebooks at home,
although he said he didn’t remember doing that. And he waited in the pantry for
about 30 minutes, according to witnesses who said he asked if Kennedy would be
coming through there.
But
questions about the case arose almost immediately in Los Angeles, resulting in
hearings and reinvestigations as early as 1971 by the district attorney, the
police chief, the county board of supervisors and the county superior court.
Many of them focused on the ballistics of the case, starting with Noguchi’s
finding that Kennedy had been shot from behind, which Sirhan’s lawyer didn’t
raise in his defense.
In
addition, lead crime scene investigator DeWayne Wolfer testified at trial that
a bullet taken from Kennedy’s body and bullets from two of the wounded victims
all matched Sirhan’s gun.
But
other experts who examined the three bullets said they had markings from
different guns and different bullet manufacturers. An internal police document
concluded that “Kennedy and Weisel bullets not fired from same gun” — Weisel
was the wounded ABC News producer — and “Kennedy bullet not fired from
Sirhan’s revolver.”
This
prompted a Los Angeles judge in 1975 to convene a panel of seven forensic
experts, who examined the three bullets and refired Sirhan’s gun. The panel
said no match could be made between the three bullets, which appeared to be
fired from the same gun, and Sirhan’s revolver. They found Wolfer had done a
sloppy job with the ballistics evidence and urged further investigation.
In
addition, witnesses said bullet holes were found in the door frames of the
Ambassador’s pantry, and photos showed investigators examining the holes in the
hours after the shooting. Between the three bullets that hit Kennedy and the
bullets that hit the five wounded victims, Wolfer had accounted for all
eight of Sirhan’s shots. Bullets in the doors would indicate a second gun.
Wolfer later said the holes and the metal inside were not bullets, and the door
frames were destroyed after the trial.
Though
Los Angeles authorities had promised transparency in the case, the police and
prosecutors refused to release their files until 1988, when they produced a
flood of new evidence for researchers.
Among
the material was an audiotape, first unearthed by CNN journalist Brad Johnson,
which had been inadvertently made by Polish journalist Stanislaw Pruszynski in
the Ambassador Hotel’s ballroom, and turned over to police in 1969.
Pruszynski’s
microphone had been on the podium where Kennedy spoke, and TV footage shows him
detaching it and moving toward the pantry as the shooting happens.
In 2005,
audio engineer Philip Van Praag said the tape revealed that about 13 shots had
been fired. He said he used technology similar to that of the ShotSpotter
used by police to alert them to gunshots, and which differentiates gunshots
from firecrackers or other loud bangs.
Van
Praag said recently that different guns create different resonances and that he
was able to establish that two guns were fired, that they fired in different
directions, and that some of the shot “impulses” were so close together they
couldn’t have been fired by the same gun. He said he could not say “precisely”
13 shots but certainly more than the eight contained by Sirhan’s gun.
“There
were too many bullets,” Robert F. Kennedy Jr. said. “You can’t fire 13 shots
out of an eight-shot gun.”
British
author Mel Ayton wrote “The
Forgotten Terrorist,” which posits that Sirhan killed Kennedy because
he supported sending military firepower to Israel — the Sirhans were Christian
Palestinians forced from their Jerusalem home by the Arab-Israeli War in 1948.
He said Van Praag had misinterpreted the Pruszynski tape and that other experts
who examined it show only eight “spikes,” one for each gunshot. Ayton also
cited numerous eyewitnesses who said they heard at most eight shots.
Ayton
and investigative reporter Dan Moldea, who also wrote a book about the
assassination, argue that Sirhan’s gun could have reached Kennedy’s back. No
witnesses saw the actual shots fired in the chaos of the pantry, and Moldea
noted that Kennedy almost certainly turned and tried to protect himself after
the first shot, which some said was preceded by Sirhan yelling, “Kennedy, you
son of a bitch!”
“What
were Kennedy’s last words?” Moldea asked during an interview. “‘How’s Paul?’
How would Kennedy know Paul had been injured if he had not been turned around.
He turned around when Sirhan rushes towards him, yelling ‘you son of a bitch
Kennedy.’ Kennedy’s not going to just stand there. He turns his back
defensively.”
Moldea
theorized that Schrade fell forward into Kennedy, pinning him against a table
and pushing him into the muzzle of Sirhan’s gun, enabling him to fire four
contact shots into Kennedy. One shot went through his jacket without hitting
Kennedy, one went into his back and stopped below his neck, one went through
his armpit and one went into his brain.
But
Robert F. Kennedy Jr. doesn’t find those theories persuasive. “It’s not only
that nobody saw that,” he said. “The people that were closest to [Sirhan], the
people that disarmed him all said he never got near my father.”
Schrade
used an expletive to describe Moldea’s explanation and said he fell backward
when he was shot above his forehead.
Both
Ayton and Moldea assisted the California attorney general’s office in
contesting Sirhan’s final appeal, and the government’s legal briefs cited the
investigative work of both men.
Moldea
had initially been a believer in the second-gunman theory, but after
interviewing numerous police officers, witnesses and Sirhan, he concluded in
his 1995 book, “The
Killing of Robert F. Kennedy,” that Sirhan acted alone. He cited as
additional proof a comment Sirhan reportedly made to a defense investigator
about Kennedy turning his head before Sirhan shot him, a comment Sirhan
strongly denied making.
More
recently, Sirhan’s lawyers have explored whether he was hypnotized to begin
shooting his gun when given a certain cue, even hiring a renowned expert in
hypnosis from Harvard University to meet with Sirhan.
Wistrich,
the judge, was completely dismissive of any suggestion of hypnosis. Schrade
said the various theories of conspiracy and hypnotic programming are of little
interest to him.
“I’m
interested in finding out how the prosecutor convicted Sirhan with no evidence,
knowing there was a second gunman,” Schrade said.
It was
Schrade who persuaded Robert F. Kennedy Jr. to examine the evidence. “Once
Schrade showed me the autopsy report,” Kennedy said, “then I didn’t feel like
it was something I could just dismiss. Which is what I wanted to do.”
Kennedy
called Sirhan’s trial “really a penalty hearing. It wasn’t a real trial. At a
full trial, they would have litigated his guilt or innocence. I think it’s
unfortunate that the case never went to a full trial because that would have
compelled the press and prosecutors to focus on the glaring discrepancies in
the narrative that Sirhan fired the shots that killed my father.”
Kennedy
is not afraid to express controversial views. Last year, he and actor Robert De
Niro held
a news conference to argue that certain vaccines containing
mercury are unsafe for some children. He said he is not opposed to all
vaccines, but wants to make them safer.
Two of
his other siblings — human rights activist Kerry Kennedy and filmmaker Rory
Kennedy — declined to discuss the assassination or the case against Sirhan.
Kennedy understands why.
“I think
that, for most of my family members,” he said, “this is an issue that is still
too painful to even talk about.”
It’s
painful for him, too. Kennedy was asleep in his dorm at Georgetown Preparatory
School in Bethesda, Md., on June 5, 1968, when a priest woke him and told there
was a car waiting outside to take him to the family home, Hickory Hill, in
McLean, Va. The priest didn’t say why.
In his
new memoir, “American
Values: Lessons I Learned from My Family,” Kennedy said his mother’s
secretary was waiting for him. “Jinx Hack told me my father had been shot, but
I was still thinking he’d be okay. He was, after all, indestructible.”
Robert
F. Kennedy Jr., his older sister Kathleen and brother Joe flew to Los Angeles
on Vice President Hubert H. Humphrey’s plane, Air Force Two.
At Good
Samaritan Hospital, Kennedy wrote, his father’s head was bandaged and his face
was bruised. A priest had already delivered last rites. His mother was there.
“I sat
down across the bed from her and took hold of his big wrestler’s hand,” he
wrote. “I prayed and said goodbye to him, listening to the pumps that kept him
breathing. Each of us children took turns sitting with him and praying opposite
my mom.
“My dad
died at 1:44 a.m., a few minutes after doctors removed his life support. My
brother Joe came into the ward where all the children were lying down and told
us, ‘He’s gone.’ ”
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