Affidavit of Roger L. McCarthy


I, Roger L. McCarthy, having been duly sworn, declare as follows:


  1. I am Chief Executive Officer of Failure Analysis, Associates, Inc., (FaAA) which is headquartered in Menlo Park California. FaAA, founded in 1967, is the largest engineering firm in the nation dedicated primarily to the analysis and prevention of failures of an engineering or scientific nature. FaAA is a wholly owned subsidiary and the largest operating unit of The Failure Group, Inc., (Failure). Failure employs almost 500 full time staff, including almost 300 degreed professionals, more than 90 of whom hold doctorates in their fields. We maintain nine offices in the U.S., three in Europe, and one in Canada. I am also Chief Executive Officer of The Failure Group, Inc. The Failure Group, Incorporated is a publicly traded company on the NASDAQ exchange, under the symbol "FAIL."

  3. I hold five academic degrees: 1) A Bachelor of Arts in Philosophy from the University of Michigan, 2) A Bachelor of Science in Mechanical Engineering from the University of Michigan, 3) An S.M. degree in Mechanical Engineering from the Massachusetts Institute of Technology, 4) The professional degree of Mechanical Engineer (Mech. E.) from the Massachusetts Institute of Technology, and 5) A Ph.D. in Mechanical Engineering from the Massachusetts Institute of Technology (MIT). I graduated from the University of Michigan Phi Beta Kappa, Summa Cum Laude, the Outstanding Undergraduate in Mechanical Engineering in 1972, and a National Science Foundation Fellow.

  5. I am a Registered Professional Mechanical Engineer in the states of California (#M20040) and Arizona (#13684). I have authored several dozen scientific papers, and currently serve on the Visiting Committee of MIT's Mechanical Engineering Department. In 1992 I was appointed by President Bush to two year term on the President's Commission on the National Medal of Science. I have attached my current resume with a listing of my publications as exhibit 1.

  7. In early 1992 Failure Analysis Associates, Inc. (FaAA) was approached by the representatives of the American Bar Association (ABA) to assist in putting together a "courtroom of the 21st century" instructional session, in the form of a mock trial, for the Annual ABA meeting, which was to be held that summer in San Francisco, California. FaAA was involved in the process of selecting the topic of the trial, which was eventually decided to be the trial of Lee Harvey Oswald for first degree murder for the assassination of President John. F. Kennedy in Dallas in 1963. To simplify the task in coordinating the extensive computer analysis and evidence, FaAA agreed to provide the expert witness analysis, and the testifying experts themselves, for both the prosecution and defense. Separate teams were assembled to assist each side.

  9. While FaAA was not funded for the investigation or evidence developed for either side, we applied the best techniques available to some, but certainly not all, of the questions that have remained concerning the assassination, and Lee Harvey Oswald's role in it. The "Courtroom of the 21st Century" theme required the most modern computerized animation and video presentation. There was not a conclusion reached by FaAA as a company concerning the issues of the assassination. Each of our teams did its best within the factual, time and resource constraints to assist the two eminent trial lawyer teams to resolve the key issues for their respective sides. In the end, after two days of trial, the mock jury, selected by the jury analysis firm DecisionQuest, was split 7 for conviction and 5 for acquittal of Lee Harvey Oswald on the first degree murder charge.

  11. Each of our teams sought to find sufficient information in the extensive investigation records of the Warren Commission, and the House Select Committee proceedings, that, when combined with the unparalleled technical analysis skills of our organization, would produce incontrovertible scientific findings that would resolve some of the outstanding issues one way or another. I believe the jury's inability to resolve Oswald's guilt in light of FaAA's investigation, and state-of-the-art visualization, stems from the fact that 1) FaAA did not have the time or resources to completely analyze the whole investigatory record, and 2) there are gaps in the factual record that our analysis was unable to bridge. For example, if the National Archives could locate the brain of President Kennedy, which was sent to them and not buried with his body, we believe the direction of the fatal bullet could be incontrovertibly resolved.


  12. Subsequent to our presentation one Gerald Posner contacted Dr. Robert Piziali, the leader of the prosecution team, and requested copies of the prosecution material, but not defense material, which we provided. Eventually Random House published a book by Mr. Posner entitled Case Closed. While Mr. Posner acknowledges in the book the material from Failure Analysis Associates he does not mention or acknowledge the ABA, or mention or acknowledge that there was additional material prepared by FaAA for the defense. Incredibly, Mr. Posner makes no mention of the fact that the mock jury that heard and saw the technical material that he believes is so persuasive and "closed" the case, but which also saw the FaAA material prepared for the defense, could not reach a verdict.

  14. In early televised interviews of Mr. Posner that were witnessed by FaAA staff, Mr. Posner made no attempt to correct any supposition by a questioner that the FaAA analytical work was performed at his request for him, and certainly left quite the opposite impression.


Further the affiant sayth not.


This affidavit was signed by Roger L. McCarthy and notarized on December 6, 1993



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