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14-Q0000 104-10107-10008] 2025 RELEASE UNDER THE PRESIDENT JOHN F_ KENNEDY ASSASSINATION RECORDS ACT OF 1992
"eK KlX
c & ` ) 7 C_Y
return To CIA
Background Use Only
Do Not Reproduce
11 January 1977
MEMORANDUM FOR: Chief, SE Division
ATTENTION Division Security Officer
03
FROM Thomas La Briggs
SE/X/LA
SURJECT Appearance As Witness In Behalf of the
United States Govcrnent
REFERENCE USA V. Gerald P. Heming, Et Al_ (76-371-CR-CA)
1 During the period 'of my employment as a Special Agent at the
Dug Elforceicnt Aziu-tEa 7 Jon: J977} T conaucted 2n
interview Of Gerald Patrick-Heming (DPOB 1 March 1937 at Los Angeles,
California) on 23 1975 at
DEA Headquarters. in Nashington, D.C.
My Teport concerning that interview has become part %€ the case file
in USA V_ Gerald P_ Heming, Et Al. Case Nuber 76-371-CR-CA,
Southern District of Florida, Miami, Florida.
2 Upon my entrance on
duty in SE Division on 5 January 1977 ,
I orally informed the Division Security Officer
9
Billy Hix, about
the information in paragraph 1 above Mr _ Hix asked me to submit
the information in writing as soon as I was settled in the Division.
On 7 January 1977 however Special Agent_Robert Fredericks
telephonically contacted
{ope Masogy
DCISE/X/LA, and told her that
the United States Attornery Southern District of Florida, had
requested that I appear at the U.S. Courthouse, Miami_ Florida on
10 January 1977 to confer with the Assistant United States Attorney =
Karen LS Atkinson, regarding Iy appearance as a witness in behalf of the
U.S: Government in the trial Of Gerald P. Heming_
3_ During the afternoon of 7 January 1977 I conferred with Mr . Hix
who advised me to contact the Office of the General Counsel. I talked
to Mr Edmund Cohen who advised me to in touch with the Office of
Security_ External Activities Branch (OS /EAB) I completed an
Outside Activity Approval Request (Form 879) obtained the concurrence
of D/SE, Mr John Stein, and submitted the Form 879 to OS/EAB _
OS/EAB sent me to Central Cover Staff (Mr _ Blandford) and then to' the
Office of the General Counsel- After discussions with Mr Cohen, I called
-nv
May
get
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S/A Fredericks in Miami at Mr _ Cohen S suggestion_ S/A Fredcricks
not available_ Mr _ Cohen then advised me to retur to my office
was
he would contact me with further instructions_
Mr_ Cohen
and
the Form 879_ Subsequently
Mr Cohen advised me that
en-shotlined
to Miami as requested and that CIA would reimburse me for
travel
connected with my activities in behalf of the U.S_
Geveonmenpensee
further advised me that in an overt cover status I should if asked under oath, that I am currently a CIA emloyee.
state,
4J On.10 January 1977 I traveled to Miami where I met and conferred with AUSA Karen Atkinson &nd DEA S/A Robert Fredericks_
informed me that Gerald P_ Hemming's case had been severed and
his trial would not begin on 11 January AUSA Atkinson told
me she wanted me as a rebuttal witness if Gerald P. Hemming presented
the defense that he had been working at the direction of DEA;
She said
would not call me util and uless that defense was presented. She also said that she felt that ay attempt to question me
concerning
TY current place of employment was irrelevent
and she would object to any such line of questioning- She said she would only ask me where
I was employed at the time I interviewed Heming. I returned Kashingi-; D.C Fic
odiia
to
03
Thomas L. Briggs
Distribution:
1 CCS
1 0S
1 OGC
Vpv
being
They
they
iuj:
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SEBHET
16 January 1978
MEMORANDUM FOR THE RECORD
FROM: Edmund Cohen
Assistant General Counsel
SUBJECT: U,S V
Hemming
On 22 November 1977 the undersigned accompanied by Messrs.(Thomas
Briggs " Mattocks and Robert Barteaux_ travelled to Miami to confer with
Judge Hoeveler and Assistant U.S . Attorney Thomas M. Sherouse_ U 8S District
Court Southern District of Florida_ about subject case Messrs S)and
Mattocks had dealt with Mr Hemming while were employed by the Drug
Enforcement Administration and Mr Sherouse wanted them available as rebuttal
witnesses _ Mr Barteaux also was sought as a possible rebuttal witness to describe
the Agency's relationship with Mr Hemming in the event that Hemming raised a
CIA defense
0
2 . On 23 November Mr Griggs
Mr: - Barteaux and the undersigned met in
chambers with Judge Hoeveler Mr Sherouse_ Mr Roger Howard, law clerk to
Judge Hoeveler and Mr Ted Sakowitz Public Defender for the Southern District
of Florida Mr Sherouse decided that Mr Mattocks would not be required to
testify and he did not attend the meeting _ The Judge initially expressed some reluc -
tance to have an ex parte conference because Mr Hemming had assumed primary
responsibility for his own defense with only limited assistance from the Public
Defender The Judge insisted that a transcript of the meeting be made but he
promised that the transcript would be sealed and _ in fact, would not be transcribed _
3 _ The undersigned indicated that the Agency had no interest in the outcome
of the case and interposed no objectionoto the introduction of any relevant information _
Our sole concern was to protect Mr Briggshand his relations) with CIA both before
and after his DEA employment. The Judge was informed that
hig Ghggs bole
con
nection with Hemming was on 23 May 1975 and that he had no contact with Hemming
during any period of Agency employment. The national security conseguences of
exposure of MP? Griggsjas well as the career consequences were outlined
In addition ,
the Judge was informed that Mr Barteaux was prepared to testify as an overt Agency
employee about any relationship between Hemming and CIA
IMPDET Bx(351- oln
Gary
(Brigg
they
SECRET
C
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4 _ Judge Hoeveler asked Mr Sakowitz to cross-examine Mr to
determine whether he had any information which might be relevant to Hemming's
defense Mr Sakowitz stated that although he was aware that Mr _ Hemming wished
to call Mr
Briggsa
a witness he was not informed of all aspects of the case
and , reluctant to question Mr Briggs;Thereupon, Judge Hoeveler_
swore in Mr (Briggs)and proceeded to ask him a series of questions to determine
whether Mr interaction with Mr Hemming had been in any way connected
with his CIA
SEt
At the conclusion of this examination the Judge gave
Mr Sakowitz a
second opportunity to question Mr?_ Briggsand when Mr Sakowitz
declined , he stated that in light of the national security consequences which
had been brought to his attention he was not inclined to permit questions relating
to Mr Briggs) CIA employment.
03
5 . At the conclusion of the conference in chambers _ but before the jury was
admitted into the courtroom Mr Sherouse informed Mr Hemming that Mr . GBriggs)o)
was available a8 a witness . When the trial proceeded Mr Hemming concluded
his defense without calling M?? Briggs
Mr Sherouse = however did call Mr
3 63 (Briggsas
a rebuttal witness . On cross-examination Mr _ Hemming asked Mr-Griggs
whether he was with CIA _ Mr Sherouse promptly objected to the question, the
Judge sustained the objection and Mr Hemming went on to the next question _ The
trial concluded soon afterwards without Mr Barteaux being called as a witness _
It was subsequently learned that Mr Hemming was found guilty as charged _
~Q
Edmund Cohen
EC: jz
Distribution:
Original LITIGA TION-CRIMINAL Hemming Gerald P_
EC Signer
1 Chrono
SEGEICI
SECKE:
(Briggs
fully
thereicg&B
again
'N
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CLASSiFY As APPRopR|ATE
OUTS | DE Activity APPROVAL REQUEST
COMPLETE AND FORNARD ORIGINAL AND 2 COPIES To EXTERNAL ACTIVITIES BRANCH
DATE
To DIRECTOR OF SECURITY; ATTN: EXTERNAL ACTIVITIES BRANCH
(Sta f f , divieion or of fice head and secufity officer, wherc 068 f ened) THRU:
Divizio: Snoi Cffic :
NAME AND GRADE QF EMPLoYEE (Print or cOMPONENT Room No AND BLDG PKonE
type) FROM: 03
6.j4. 02w2 13/3 722)
FULL DEscR !ption OF outside Activity For Which APPROVAL I5 RequesteD incLUdinG NAMES 0F ORGANIZATiOns or individuals
CONCERNED . DATES . LOCALE ETc. (Refer t0 HR 10 - 7 before complet ing) 03
{r 7 January 1771 ~ "77rI, 43 nr? iS0_ Xa;) #"{n
tiet #w6 Kzg Man ~,1:neoic_ll} 03 34 in Ki
Alorien ((:2 36_XxJ~ t2 ne tc 1
{iai 13 a~tcr 3%-1141 ncax Ju ! war 3r crder +0 Frw}et?
{tr possizl 6;p62 xald Ftrick A:
1 corsultc: KW 47-w. v0_S 6{ 08 :0 cnrtec? 3
C3: 66 #71. 14 0 ~ ~ime 3 t; EVn_
t {3fcr >0
2 REMARKS BY Requestor
IN EGAGING IN THE REQUESTED ACTIVITY , I WILL MAKE NO REFERENCE TO OR DISCUSS
MY CIA ASSIGMMENTS OR DUTIES - I (WIIL, WILL NOT) BE IDENTIFIED AS HMPLOYED BY CIA
FOR THE FOLLOWING REASONS:
1 %ee & Ci: coplcycc ,rG Jan 17 :2 {: 70 #ii6rr T 10 D6. 1
uccr ccv:r at tr:: , {*3e 0 111 7 { 2/01 cov:t sirmz: MY rc
(3Je73}
0
S |GNATURE 0f Requesting EMPLOYEE
COMMENTS AND cOncuRRENCE 0f STAFF D (Vision or officE HEAD
CONCUR:
DATE SiGNATURE 0F OPERATing off iCiAL
FOR COMPIETION BY EXTERNAL ACTIVITIES BRANCH AND RETURN OF ORIGINAL To EMPLOYEE
DATE:
SECURITY . APPROVAL HAs BEEN GRANTED , DENIED)
FOR TFE ACTIVITY CONTEMPLATED BY THIS REQUEST _
(FOR) CHIEF SECURITY SUPPORT DIVISION
F ORM 070 U $ € P R € V | 0i$ CLASS|fy As APPROPR |ATE
7
08
+0
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