DEFENSE RESTS IN B-26 TRIAL AS CIA DENIES INVOLVEMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00149R000500180010-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 15, 2016
• Document Release Date: April 2, 2004
• Sequence Number: 10
• Publication Date: October 12, 1966
• Content Type: NSPR

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By Joseph Higgins
Special to The Washlnaton Post
BUFFALO, Oct. 11-Law-
yers for two men accused of
s..uggling 13.26 bombers to
Portugal rested their cases
this afternoon in the fourth
week of a Federal District
Court trial of the case. The
judge's charge to the jury-is
bet for Thursday.
Just before the two defense
lawyers rested their cases, U.S.
Attorney John T. Curtin eli-
cited testimony from the top
lawyer of the Central Intel-
li;ence Agency that the CIA
had no part in ferrying the
bombers.
Edwin Marger of Miami
Beach, Fla., one of the defense
counsel, has maintained the
CIA secretly approved of the
export because the Portuguese
were going to use the bombers
against Communist-led rebels
in Portuguese Africa.
"Did your investigation re-
veal that the CIA in no way
helped the flight of these air-
craft from the U.S.?" Curtin
asked.
"That is correct," said CIA
General Counsel Lawrence R.
1-leuston.
Eouston first took the stand
Ise t Friday, bringing with him
.he CIA's file of four memos
on the bomber case. One of
the memos showed that the
CIA received notice of the
bomber exports a week, be-
fore the first bomber crossed
the border near here in June
1963, .
CIA Passed On Data
Houston testified the CIA
had no jurisdiction in the case
and sent the information on
to arencics which it thought
would be interested.
Today Curtin told the court
that Houston had brought
about 20 other CIA documents
with him, all dealing with de-
velopments in the case after
the defendants were arrested
in September of 1065.
On trial are Henri M. V. de-
Mann dcMontmarin,? 58,
.,la.t~ .: ?i1aI
Paris businessman accused of
ordering 20 World War II type
attack bombers for delivery to
Portugal, and John it Hawke,
28, a Fort Lauderdale, Fla.,
pilot 'accused of flying. the
craft overseas. They are is ,.. __....
charged with conspiring to
violate the Munitions Control
Act which :Hakes it illegal to
export certain weapons of war
without special State Depart.
ment permission.
Judge. John O. Henderson
examined the latest CJA pa-
.pers in his chambers for 90
minutes before refusing to
turn them over to Marger on
the grounds they were "ir-
yarn of involvement in tl
case is pure theory,"
For Hawkc's defense, Mar-
ger caused 11 witnesses to be
subpoenaed at Government
expense, . Edward Brodsky, of
I\Tew York, attorney for..
witness, a Boeing Airplane .Co.
official who testified to pre-
vious dealings with deMont
marin. ? Brodsky has main,'
tained that de?Iontinarin ex
pected a missing defendant'-
in the case,, Gregory R. ;Board,'
to obtain export licenses for
FAA Witness
Among rebuttal witnesses
called by Curtin was John B.
Newell, a Federal Aviation
ell' testified he investigated
the White House in June 19615r .
Marger has contended that
the flight through the nrn.:
However, Newell cestificd;..,
]ation after Hawke explained
to. him that he had engine:
trquble corning into the aim
Approved' For Release 2004/04/08 : CIA-RDP75-00149I00050.0180010-0
port. "We found that Hawke
took on 53 gallons of oil after
landing, an excessive amount,"
Newell said. "So we closed our
file because the pilot had an
STAT