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OFONal Ione NO 18 s. . ak SO1p- 108 ALY os ee te a0 .F . : “ tore UMNPPFED STATES GOW. ANMENT , : ‘ a ra Aapee? aL AME oe Memorandum | | a Comp Ea. TO ’ Mr. Gebhardt DATE: Novembér 13, 1974 ,... | - Mr. Gebhardt |“. - Mr. McGowan fetatt Mr. Helterhof£ teva ~ Mr. McDermott JS = Mr eo Mintz - iri Directo FROM : C, L. nocoleal eel ool elt a 1 SUBJECT KENFOUR’ This is the case involving the shooting deaths of 4 students and wounding of others at Kent State University, Ohio, on 5/4/70. Reference is made to my memorandum dated 10/17/74 and addendum of Legal Counsel Division, 10/21/74. The purpose of this memorandum is to recommend that no additional affidavits be obtained from Bureau Agents concerning certain allegations made by 2 defendants in this case regarding the manner in which they were advised of their rights by these Agents. Affidavits were previously requested and received from these Bureau Agents and the Legal Counsel Division reviewe these affidavits and advised that while the affidavits suffice for administrative, intra-Bureau purposes, they are not in form usable by the U. S. Attorney. The Legal Counsel Division also advised that at present, there does not appear to be any necessity for further action beyond the refinement and possible changes in emphasis of the actual affid } to be submitted for the use of the U. S. Attorney. Since this review by the Legal Counsel Division, the Bureau Agents had the opportunity to refute under oath these d allegations in judicial proceedings before Chief U. S. Distric Judge Frank J. Battisti, Cleveland, and the Judge subsequently held these statements from the defendants furnished to the . Bureau Agents, admissible. Subsequently, on 11/8/74, chiet Judge Battisti returned a direct verdict of acquittal on ( : the charges against all 8 defendants in this matter. This acguittal was not based upon any allegations made > PY the two defendants at issue in this matter. an Ve Oo REbagt : by ACTION: Neither the U. S. Attorney nor the ‘Department _ {aS requested any affidavits from Bureau Agents "In this’ matter _ and since the Agents subsequently refuted these, allegations under oath, no additional affidavits are being! ré dguestka alt this time, J. yehed x j ag i 4 . HNH: bag? ih ia “AMS ac y anna PE Sree UNIT: fEE S wt 44? : 2 ee ee — - ae 7... - tae gt . wee Lek, See 44~45339 / iV