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Memorandum Pau ke TO FROM SUBJECT: Encs. PERS. REC. UNIT = CONTINUED ~. _ foo? a Aye ADDENDUM: LEGAL COUNSEL DIVISION Pag# ve ee i noe OPTIONAL FOS ag on he, [Pryore-to8 eS ~ : mo 1882 EO SM - ef ' * ee a . toe ? roy Gha Gtu MEG HO TD . . oe ’ * } UNITED STATES GOVERNMENT . PO nase Mie r. Mr. Geb ange DATE: 10/17/74 pe 1 - Mr. Gebhardt ee C. Li! eGo 1 - Mr. McGowan law Nt sojvan 1 - Mr. Boyd kel | 1 - Mr. McDermott. [" KENFOUR' 1 - Mr. Mintz NVA This is the matter in which we conducted () ae extensive investigation resulting in 8 members of the Ohio National Guard (ONG) being indicted by a Federal ne Grand Jury for violating the Civil Rights of 4 Kent State University students who were shot and killed by the ONG on 5/4/70. Trial is scheduled for 10/21/74 in U. Ss. District Court, Cleveland, Ohio, and a hearing on defendants’ motions to suppress their statements began on 10/15/74. In connection with the suppression hearing, SAC Fehl of our Cleveland Office received a subpoena on 10/11/74 to produce the FBI Agent's Handbook and any a other manuals or instructions setting forth the \ NA procedure by which the Bureau takes statements from witnesses or potential accusees. Assistant Director John Mintz, Legal Counsel, has been in contact with Attorney John Hoyle of the Civil Rights Division and Hoyle concurred with Mr. Mintz's suggestion that a motion to quash be prepared on the grounds that the documents requested were not material to the defense. Our Cleveland Office> has advised that as of close of business 10/16/74, the“cgurt had not heard the matter concerning the subpoena of SAC/Fe but instead had gone directly into testimony of the ve Special Agents who had previousiit interviewed | the various defendants. qh fon aq - pec YY — /. Three of the defendants NcManus , cocina and Shafer) have filed motions to suppress their signed statements furnished to our Agents. Perkins and Shafer do no deny they were advised of their constitutional rights, but both claim when they asked the Agents if they needed an attorney, they were allegedly told that there was no need for an attorney, and that "whatever was said would go no further" and that the Agents “were just trying to please some people with the investigation and get it over with." The Agents who interviewed Perkins and Shafer have submitted affidavits denying the allegations; McManus made no allegations against the FBI. ~ 44-45339 tg JJIB:bap (6) 4 ' - ae