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FD-350 {Rev. 7-16-63) The By JOHN M. DUNPHY Beacon Journal $taft Writer | $LEVELAND — Two HBI | agents involved fn the ques- / tioning of Ohio National { Guardsmen in 1970 denied i Tuesday they told one of the | Guardsmen he didn't need an attorney after he reportedly requested one, Special agents John J. Brennan and Gary Harmon both denied they told former Guardsman Lawrence Shafer of Ravenna he didn't need an attorney present to witness the questioning. =. | Shafer’s attorney, Stuplinaki, sald he is pre- pared to put Shafer on the witness Stand to testify that he requested an attorney and was told he didn't need one. BRENNAN and Harmon were among nine FBI agents called to testify in Federal Court Tuesday im pre-trial hearings to determine wheth- er the FBI statements will be admitted into evidence at the trial scheduled to start Mon- day. Shater and seven other for- mer Guardsmen were indict- ed on Federal civil rights charges in connection with the May 4, 1970, shootings on the Kent State campus. Brennan, a 20-year veleran FEI agent. and Harmon, em- | ployed by the bureau since { 1969, qucstioned Shafer for three hours on May 7, 1970, three days after four students were killed and nine wounded by Guard guniire. . BOTH AGENTS they supplied Shafer with a waiver form outlining his con- stitutional rights to silence andghaving a iawyer pregent duriig questioning. e agents testified Stpfer Teaa the form and signed It. (Mount Clipping tn Space Below) ~ FBI: Didn’t Tell Guardsmen. testified | ere is how the FBI repprt- Shafer reacted during fhe shpoting. ” §$ergeant Lawrence Shafer heard three or four shots come from his “right’’ side. He then saw a man on his tight fire one shot, He then dropped to one knee and firpd once in the air, His weapon fail¢d to eject and he had |to eject the casing manually. fle then saw a male with bushy, sandy hair. in a blue shirt advancing on him and mak- «Ing . an. ‘obscene; (giving"the tinged). ‘Thi hat nothing fa e aed When this man was 25-35 feet away, Shafer shot him. He then fired three more Hmes in the air.” i BRENNAN said he told: Shafter the purpose of the FBI, investigation was to deter-* mine if possible civil rights, violations were committed: end that Shafer might be- come a possible defendant in | future prosecutions. He also testified Shafer | commented he wanted to ‘co | operate with us.” Stuplinski then asked Bren- ; nan the following questions: Q—Do you deny Shafer asked for an attomey. A~lI deny that. - Q — Do you deny that ef ther your or your partner (Harmon) told Shafer that whatever he said woaldn’t go bespnd that room and you were just trying to plepse people and get thelin-- _ vestigation over ir with? gesture) : Didn't Need | Attorneys -—I!I ~~ FT deny th that. fhrmon denied the sme setlof questions. and alsojde- nie the agents took fer ‘from the interrogation room {to view the shooting scene be- : fore returning to the room to ‘answer further questions. Shafer is the only Guards- ‘man identified so far who a)- lowed agent Harmon to pre- pare a written statement out- lining bis activities at the ‘time of the shooting. HARMON. Jestitied,. that, gine: only portion ?of*the ‘state ment written by Shafer was the last paragraph in which Shafer acknowledged the in- formation written by Harmon was correct. ’ Harmon testified that Shaf- er signed the statement free- ly. _ In fother questioning {rpm Guagl defense lawyers, §pe- cial agents Dave Cook, of Youngstown, and Thomas J. Murphy, of Canton, both de- nied they laid their service weapons on the table during the questioning of Guardsmen Mathew J. Mc Manus, Stuplinski, who also repre- sents McManus, said his cli- ent is prepared to testify the agents laid their weapons on the table during his question- ing on May 6, 1970. Both Cook and Murphy tes- that McManus was tified preserted a waiver form & signed it defore * question! former (Indicate page, name of newspaper, city,and atate.) PACE B 8 AV RON BEACON JOURNAL AKRON, OHIO 10-16-74 Date: Edition: JOUN M. DUNPHY MARK ETHRIDGE JF KENF OUR Author: Editor: Title: CIVIL RIGHTS Character: or Classification: Kh Submitting Office: CLEVELAND L_] Being investigated 44~703