The Attica Turkey Shoot by Malcolm Bell

Author:Malcolm Bell
Language: eng
Format: epub
Publisher: Skyhorse Publishing
Published: 2017-03-02T05:00:00+00:00

Here is the Tony who refused to follow up with State Police Superintendent Kirwan, or anyone else, about the State Police failure to use the Discharge of Firearms form:

who testified that {SP} Monahan (Malovich & Elbel …) consulted with Kirwan … to make the decision to forego weapons [acct.] discharge forms which require serial numbers of weapons fired.8

At another point in the memo, Tony wrote, “For two years [this is our proof] we conducted the most meticulous investigation imaginable on the question of liability for the shootings ….” That was simply not true. Could the Tony who wrote it actually have believed it? What, I wondered, did it say of his capacity for self-delusion if he did? He wrote it in the context of considering whether the obstacles the Investigation met “suggest a cover-up by a legal mind,” specifically, one of Rockefeller’s counsel.9

Recall that when the Supplemental Grand Jury asked for Rockefeller after the August Switch, Tony put them off by telling them that there was “no foundation” for calling him, and by denying that they had the power to subpoena the executive, even though Rockefeller was no longer the executive, and he would probably come if they simply invited him.10 Here is what Tony had written on that subject in his memo, before he turned (was turned?) around:

Recall, the first Grand Jury requested that Rockefeller be called (Fischer’s view adopted by the office was that you could not call the Executive with respect to the proper exercise of his discretion, i.e. the decision not to go to Attica).

The question arises, however, did the first grand jury wish to ask the Governor about the decision to forego accountability because that is a question relative to the “improper” exercise of discretion (ask the first Grand Jury what it was they wished to ask the Governor?).

This possibility relates back to {Rockefeller counsel Michael} Whiteman’s statement that “if I am called before the Grand Jury I will refuse to testify on the grounds that there exists ‘executive privilege’ and lawyer-client relationship” (which is patently absurd in so far as his own acts, i.e. he went to Attica & dealt with the S.P. & Fischer).11

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