Dec. 1, 1963, Commission Exhibit No. 2258, David Flint "Mike" Smith,
DAVID FLINT "MIKE" SMITH, 2321 Chandler Street, advised that he is employed as a Photographer for Associated Press in Los Angeles and that his office is located in the Los Angeles Times Building, 202 West 1st Street, Los Angeles, California.. SMITH advised that approximately one hour after hearing of the President's assassination in Dallas, Texas on November 22, 1963, he and the Photographing Editor, RICHARD STROBEL, left Los Angeles for Dallas, Texas.
He advised that on Sunday morning, November 24, 1963, all of the news media people had congregated in the Dallas Police Department Building. He advised that he picked a place in the basement about one-third of the way from the door from which LEE HARVEY OSWALD would emerge and approximately two-thirds from where the armored truck was parked.
He advised that OSWALD was to emerge from a door where the police have a booking office and would have to walk about eight feet to a driveway. Mr. SMITH stated that he could observe and photograph OSWALD from his vantage point as he walked to the armored truck. At the last moment, however, the Dallas Police Department brought two unmarked cars from the parking space below this area and parked them directly behind the armored truck. SMITH got pushed back from where he wanted to be and he advised that as he tried to maneuver around the back of the second car to gain a vantage point he heard someone say, "Here he comes". Mr. SMITH advised that because of the small hallway from which OSWALD emerged, he could not see him. He stated that almost immediately, about three seconds, after hearing the comment, "Here he comes", SMITH stated that he heard a shot. He looked over the heads of people in front of him and saw the top of OSWALD's head as OSWALD was falling backwards between two detectives. Immediately he observed Dallas Police Officers pounce on a man, who he later determined was JACK RUBY.
Mr. SMITH advised that he was present in the Dallas Police Building during Friday evening, November 22, 1963 and at various times on Saturday, November 23, 1963.
He advised that the third floor hallway at the Police Department on Friday evening was mass confusion caused by the number of news media people present. He believes that the first time his press identification card was checked was on Saturday afternoon when he emerged from the elevator on the third floor of the Dallas Police Department Building. Mr. SMITH advised that on Sunday morning, November 24, 1963, there was an unusual number of uniformed Dallas Police Officers evident around the halls of the Police Department Building.
He stated that just before OSWALD emerged from the small booking office into the garage, the Dallas Police made the press representatives stand along the east side of the building. He advised that at least 15 detectives appeared at this point along with at least one uniformed captain, one uniformed lieutenant and a uniformed sergeant. The police personnel lined up on the west wall opposite from the press for what Mr. SMITH believes was the purpose of observing the press and OSWALD as - he walked to the armored car.
SMITH said he has heard rumors that the Dallas Police Department decided to place OSWALD in the second vehicle behind the armored truck and to lay him crosswise on the back seat with two detectives sitting on the back seat in front of him, rather than to place OSWALD in the armored truck. He understood they felt in this way, they would throw anyone off the track who had any ulterior motives as such a person would believe OSWALD was being transported in the armored truck preceding the two cars.
Mr. SMITH advised that when he entered the Dallas Police Department on Sunday morning, November 24, 1963, prior to the shooting of OSWALD, his press identification card was checked by a Dallas Officer and his photograph compared with his appearance. He advised that when he got out of the elevator on the third floor of the building, his identification and photograph were again checked by an officer. He stated that one of the men from the press got off the elevator with him. SMITH did not know his name. The man apparently was without identification. The officer checking the press identification cards immediately referred this man to a Dallas Police Sergeant.
Mr. SMITH determined that the best place for photographing OSWALD would be in the basement of the Dallas Police Department. He left the third floor and went to the basement of the building where his identification and photograph were again checked by a Dallas Police Officer.
He advised that he knows of no unauthorized people who were present in the basement of the Dallas Police Department on Sunday morning, November 24, 1963, or anyone who was in the building without proper identification.
He advised that he possesses no information that anyone conspired with JACK RUBY in the shooting of LEE HARVEY OSWALD. He further advised that he has no information that anyone in an official capacity with the Dallas Police Department or anyone acting under the cover of law conspired with RUBY in connection with the shooting of OSWALD.
He stated that he did not see or talk with JACK RUBY on Sunday morning, November 24, 1963 prior to the shooting of OSWALD. He advised that he does not know JACK RUBY or LEE HARVEY OSWALD and possesses no information concerning any connection between these two men.
Mr. SMITH advised that after the shooting of OSWALD and the identity of JACK RUBY was made available to the news people, he recalled that he had possibly seen JACK RUBY at a news conference In the Show Up Room of the Dallas Police Department Building between 9:00 and 9:30 p.m. on November 23, 1963. He advised that he believes this conference was brought about by the pressure brought upon the Dallas Police Department by the late arriving news media people and that OSWALD was brought into the Show Up Room for about three minutes for the purpose of photographs and questions.
He further advised that he heard from one of the newsmen in Dallas, whom he believes was FRED KAUFMAN, Associated Press, Dallas, Texas, that JACK RUBY was present on Saturday evening, November 23, 1963 when District Attorney WADE held a press conference . He recalls that District Attorney WADE made a comment during the Sunday night press conference that RUBY had asked him a question during the conference of Saturday night and was present in the room with the press.
Mr. SMITH further advised that FRED KAUFMAN advised him that he had received a business card from JACK RUBY and that RUBY had invited him to visit his club. Mr. SMITH does not know where KAUFMAN met RUBY. He assumed it was somewhere around Dallas Police Department on Friday or Saturday, November 22 or 23, 1963 . He advised that he is also under the impression that other news media people who had had an occasion to talk to JACK RUBY during November 22 or 23, 1963 had also received such invitations from RUBY and his business card.
Dec. 4, 1963, Commission Exhibit No. 2257, Samuel Mike Pate, KBOX Radio, Dallas,