Ptm Baker had already given his testimony to the Warren Commission but for some unknown reason the FBI had him come in, sit down and hand write another affidavit just before the Commission's works went into print. This document was entered as CE-3076.
In his testimony, the Coke machine was mentioned but there was no mention of Oswald drinking a beverage.
However in his first mention of the lunchroom encounter Baker stated that they [He and Truly] had made their way up to the third or forth floor before Oswald was encountered. That seems rather puzzling. By the time he testified though, he had learned to count to two.
"Mr. Belin - What happened?"
Mr. BAKER -" As I came out to the second floor there, Mr. Truly was ahead of me, and as I come out I was kind of scanning, you know, the rooms, and I caught a glimpse of this man walking away from this--I happened to see him through this window in this door. I don't know how come I saw him, but I had a glimpse of him coming down there."
http://mcadams.posc.mu.edu/russ/testimony/baker_m3.htm
Mr Baker had mentioned that Oswald was drinking a coke in earlier interviews. Apparently this could have been the reasoning for the last minute affidavit.
The words drinking a Coke are crossed out. I suppose it seemed a bit much to have to fit all that in after an alleged super dive from the sixth floor.
The original topic of this thread was..... about the affidavit that was written by an FBI agent under the guise that DPD officer Baker had recanted his testimony about seeing Lee Oswald "drinking a coke" in the second floor lunchroom just seconds after the shots were fired.
At the time that Baker wrote his original affidavit on 11/22/63 nobody knew that the proposed
THEORY was invalid. Nobody was aware that the timing involved in attempting to prove the validity the
THEORY that the Lee Oswald had fired from the SE corner window, would be shown to be impossible by attempts to "re-enact" the crime. That
THEORY proposed that Lee Oswald ( who proclaimed he was a "patsy" and innocent) had fired a rifle from the SE corner window on the sixth floor and then made a mad dash to the lunchroom on the second floor of the TSBD, where he was seen calmly drinking a coke by DPD officer Marrion Baker less than 90 seconds after the first shot was fired.
Weeks later in attempting to duplicate the feat that was proposed in the THEORY it was discovered that Lee Osweald could NOT have committed the crime because there simply was not enough time between the first shot of the rifle and the Baker's encounter with Lee in the lunchroom. Lee simply could not have reached the lunchroom before Baker had reached the lunchroom ..... That was a FACT. However the commission that had been created by Lyndon Johnson , the man who had leaped into the most powerful seat in government, immediately following the murder, refused to accept that cold hard FACT.....so they immediately started cutting corners in an attempt to cut the elapsed time of imaginary actions of Lee Oswald. The first thing that had to go was the location of the rifle....
That rifle had been found BURIED beneath heavy boxes of books near the top of the stairs in the NW corner of the building. And Not only was the rifle BURIED BENEATH boxes of books, it was 15' 4" from the north wall of the building which made it out of reach for the proposed assassin as he supposedly dashed by as he fled from the sixth floor. LBJ's agents realized that it would have taken several minutes for the rifle to be hidden as it had been found, so they moved the location of the rifle closer to the stairs and simply inserted it between boxes of books and snapped pictures that were presented as authentic pictures of the scene.
But even that bit of deception was not enough to allow Lee Oswald to have reached the second floor lunchroom ahead of Marrion Baker who had said that he saw Lee calmly drinking a coke. If Lee had had enough time to buy a coke and had been drinking it, then that would have required that he had to have arrived at least thirty seconds before Baker arrived..... And there simply was not enough time available in the proposed
THEORY The problem arose when LBJ's agents started reviewing their work prior to the publication of the evidence. In reviewing that evidence they recognized that they could not simply burn Baker's affidavit, and claim that he had never told Chief Curry that he'd seen the murderous villain Oswald calmly drinking a coke after the shooting. The DPD had originally attempted to paint the image of Lee Oswald, as a mad man who could toast his feat of murder, by calmly drinking a Coca-Cola, and that story was published for the public. Thus They were forced to try to find some other way to expunge that "drinking a coke" from the record....
That's when one of LBJ's agent hit on the idea of creating another Baker affidavit . An affidavit that mentioned the act of drinking a coke but then expunged that entry by a simple crossing out of the words but still leaving them readable.... Sure, they could have torn up that affidavit and rewrote it and left out the "Drinking a coke" entry...but that was not the intent. Or they could have blacked out the words completely , but the whole idea behind the phony affidavit was to expunge the "drinking a coke"
