The unposted interview from spring ’07 probably wasn’t with Carl Knox’s secretary after all…

…but I think I know who two of the three unposted interviews were with

Lately, I’ve been preparing my arguments for the upcoming mediation meeting concerning my complaint with the Ohio Court of Claims, which, as of this writing, is in three weeks. But first, please accept my apology for that last sentence, which may be the dullest lede in the history of this blog—nay, in the history of all ledes. What can I say? Investigative research can be a tad dull at times.

To refresh your memories, my complaint has to do with the public records request I’d submitted to Miami University’s Office of General Counsel (OGC) seeking the three unposted recordings that are referenced in the second-to-last line of the 2008 Oral History Project progress report. Furthermore, if one or more of those recordings no longer exists, I’m seeking the signed documents requesting their destruction, as required by the OGC’s records retention protocol.

I’m not seeking these items just to be difficult. I’m trying to determine if one of those three recordings might have been an interview with Carl Knox’s former secretary. And why do I need to employ all the rights that are bestowed upon me by Ohio Revised Code 149.43, Ohio’s Public Records Law, to make that determination? Because no one from the university would answer that question when I asked them. If they’d answered that simple yes-or-no question—”Is one of the three unposted recordings with Carl Knox’s former secretary?”—then I would have reported their answer to you and likely moved on. Oh, OK, if the answer had been yes, then I suppose I wouldn’t have moved on very far. It’s likely that I would have invested more time and energy into finding the recording. But they didn’t answer the question, and here we all are.

In their response to my records request, Miami’s OGC told me that they’d asked several representatives of the Oral History Project which three unposted recordings were referenced in the 2008 progress report, and “none of the individuals remember anything about those recordings.”

I find their response, um, unconvincing, which is why I filed my complaint with the Ohio Court of Claims.

As I write this post, I’m trying very hard to behave myself and to watch what I say. Someone on the opposing side may be reading this, and I don’t want to give anything away before the big day. 

What I can say is this: as I’ve been reviewing everything that’s happened over the past 18 months in my efforts to locate the interview with Carl Knox’s former secretary, I’ve been flagging various, um, occurrences, if you will, that stand out as being particularly, uhh, if it pleases the court…telling. I’ve found other supportive evidence to bring before the court as well. I look forward to the mediation, and I plan to wear the grayest, most serious-minded two-piece dress in my closet just to show everyone that I mean business. Is said dress one of my favorite pieces of work attire that I’ve held onto for more than 20 years because it evokes a certain 1940s sort of vibe and makes me feel like Barbara Stanwyck whenever I put it on? I plead nolo contendere, your honor.

So why am I even here, interrupting your day and dancing around subjects of which I probably should not speak? Well, in my research, I stumbled on some pertinent information that refutes a hypothesis that I’ve advanced on this blog site, and whenever that happens, I feel I should let you know about it asap. It’s who I am. It’s what I do.

In my April 18, 2022, post, I’d written about an interview that had been mentioned in a May 2007 Oral History Project report, and that interview had never been posted online. I hypothesized that the interview, which had taken place in the spring semester of 2007 in Oxford, Ohio, might have been with Carl Knox’s secretary. 

Today, I need to let you know that I don’t think that that particular interview was with Carl Knox’s secretary after all. But you guys? We’re just fact-finding here, and, in my opinion, all facts are good facts. The information I’m about to convey is equally useful in helping us get to the answer we’re all seeking. Here’s the information that I wish to share: I think I’ve now determined two out of the three unposted interviews, and, in concurrence with the late, great singer Meat Loaf, that ain’t bad. The only interview for which I can’t find any record (other than the one-page summary that got this whole thing started) is the one with Carl Knox’s former secretary. 

What changed? As I was conducting my review of the events of the past year and a half, I landed upon a document that I’d received from Miami’s OGC from a separate public records request concerning the Oral History Project. Truth be told, I’d forgotten I had it. The document has to do with a completed list of interviews and story circles that had been conducted, and, although it isn’t dated, it appears to have been written in the spring of 2007. Here’s the document.

Click on image to see the entire document

I’ve highlighted the two interviews that haven’t been posted online. The first was conducted on June 17, 2006, and the second was conducted on February 14, 2007. Although you can read the names of the interviewees on the document, I’m not going to say them out loud on this site—we don’t need to feed the search engines any more than they’re already being fed, and the individuals are only peripherally related to our question. Also, the two recordings still ostensibly exist and can be found in University Archives on the third floor of King Library. The first is included with the Oral History Project recordings, and the second can be found in box 7 of assorted audio and video tapes.

What’s bothering me most about the 6/17/06 and 2/14/07 interviews is that when I was trying to find out if one of the three unposted recordings was an interview with Carl Knox’s secretary, I’d brought up the names of those very same two people with representatives of the university. I’d asked them, point blank, if the above two interviews were part of the three unposted recordings. And even though the two people were interviewed as part of the Oral History Project, and even though their recordings are unmistakably not posted on the bicentennial web page, it didn’t seem to help jostle anyone’s memories.

I’ve said enough. I’ll let you know how things go.

You guys. The ‘Ident Missing Person File Room’ wasn’t in the Hoover Bldg after all. And wait till you find out who I think was overseeing it.

Department of Justice Building

You know how it feels when you’re working on a jigsaw puzzle and a puzzle piece doesn’t fit quite right? It looks like it should fit. It seems as if it has all the right edges. But when you try to insert one piece’s knobby end into the corresponding cut-out area of another piece, you discover that you have to use too much force jamming it in. That’s how I felt about my hypothesis from January 21 on the location of the Ident Missing Person File Room—room #1126 in an unnamed building. Lots of details seemed to fit the J. Edgar Hoover Building, but I’ll admit that other details required a little too much, um, creative-thinking, shall we say? Case in point: when I proposed that the Identification Division had assigned a number to the Missing Person File Room that was based on the future numbering system of a building that was still in the blueprint stage, well, that’s getting pretty creative. Also, if the room was going to be housed on the 11th floor with all of the muckety mucks in Identification, as I’d proposed in my hypothesis, it should have had five digits, not four. It should have been room #1126-something, like 11261 or 11265. You get the gist.

So, I admit it. I was wrong. I apologize for the confusion and I humbly beg your forgiveness. As I believe I’ve mentioned in past posts, I am a human being with all of the accompanying accoutrement and baggage.

I’m not going to bore you with the precise details of how I came upon the new hypothesis because, truth be told, I don’t think I could replicate the sequence of events. Let’s just say that I read through a bunch of documents, plus I spent more time looking through the 1975 FBI phone directories, then I Googled a bunch of stuff based on what I’d learned through said documents and phone directories. Coffee was involved as well.

Now, several days later, I think we’re getting really, REALLY close to knowing the truth behind the Ident Missing Person File Room, and why some of Ron’s missing person documents were housed there.

Here’s how we’re going to do this. Far be it from me to bury the lede, so I’m going to tell you very soon—in the very next paragraph, in fact—what I discovered. Then, I’ll try to address all of the questions that I can imagine swirling around in your collective brains.

Here’s what I discovered: Room 1126 was very likely a room on the first floor of the Department of Justice Building, a building that had housed more than two-fifths of the FBI before the J. Edgar Hoover Building was completed in 1975. The division that maintained room 1126, the Ident Missing Person File Room, was very likely…wait for it…the FBI’s Special Investigative Division.

And now, some Qs and As:

Really? Are you sure?

I’m pretty darn sure. But you may have noticed that I used the words “very likely” twice in the above paragraph. That’s because, although I haven’t yet found a document that directly links room 1126 to the Special Investigative Division, I’ve discovered lots and lots of connecting dots that link the two together.

Why do you think the Missing Person File Room was in the DOJ Building?

First, the numbering format of the building fits. The DOJ Building is seven stories high, and its numbering system is always in four digits. Rooms on the first floor all begin with the number one followed by three other numbers.

Second, although I wasn’t able to find documentation of room 1126 (yet), I was able to find documentation of room 1127, which, in February 1976, was the office number of someone by the last name of Newman. Unfortunately, this particular Newman doesn’t appear to be listed in the 1975 FBI phone directories, but that’s OK. I have more to say on Newman in a second.

Third, if you examine those phone directories, you’ll see the names and abbreviations of five buildings listed at the top of the first page. These are the buildings in which the thousands of FBI staff were stationed, and they were scattered around DC and in nearby Silver Spring, MD. You’ll see the initials JEH for the J. Edgar Hoover Building and IB for Identification Building. But there’s one building that isn’t listed at all, even though people were still working inside it. In those instances, a person’s name would be listed, along with a phone extension, and a room number, but no building would be specified. I later found this was the Department of Justice Building. Furthermore, with one exception, all of the offices that were on the first floor were located in the DOJ building. 

Page 1 of the July 1975 phone directory. Note the five buildings that are mentioned with their abbreviations at the top left. At the top right are the numbers representing the divisions, with the number “9” representing the Special Investigative Division. The heads of each of the divisions are listed above the letter “A.” To look at the entire July 1975 directory, click here.

Why didn’t they write the name of the DOJ Building in the staff directory?

 ¯\_(ツ)_/¯. I’m thinking maybe it was for security reasons. Or maybe, because it was the main administrative building for so many years, the office culture had been to just write the room number. The only time they’d need to name a building was if they were describing a different building. Just guessing though.

Two parter: How did you figure out that the missing building in the directories was the DOJ building, and how did you tie everything to the FBI’s Special Investigative Division?

Oh, this is when things got fun. Remember Newman in office 1127? Well, the documents I found on him or her looked mighty investigative in nature. In February 1976, he or she had requested a slew of files from the Records Management Division. The files that were requested could be subversive or nonsubversive; some were restricted to the DC metro region, and others not. 

One of many records requests filed by Newman in Feb. 1976

Then I looked at the 1975 phone directories again. Many of the individuals who were listed without a building were in the FBI’s Special Investigative Division. And most of those individuals also happened to be on the first floor.

That’s when I started Googling the Special Investigative Division like mad. One person, a guy by the name of Courtney Allen Evans, had been named to head the division when it was created in 1961. According to his personnel documents that I found on the FBI Vault site, in 1962, as Evans was starting his new position, he received some room keys. Evans retired in 1964, however, those room numbers correspond to several of the rooms that are listed in the 1975 phone directory for people who worked in the Special Investigative Division, including the man in charge, William V. Cleveland.

Lastly, the annual inspections of the Special Investigative Division for 1962 and 1964 said outright that all division space is located on the first floor of the Justice Building with the exception of some employees who were on the seventh floor.

Hence: the unnamed building in the phone directories was the DOJ Building, and, in 1975, the FBI’s Special Investigative Division occupied the first floor.

Did any of Courtney Evans’ room keys happen to be for room #1126?

Sadly, no. But documents show that Courtney also had a master key to the entire first floor, which he returned when he retired.

You said there was one exception to your discovery that all of the offices that possessed first-floor room numbers in the phone directories were located in the DOJ Building. What was the exception? 

The exception was in the Identification Building, which had one room listed on the first floor, #1121. That room was the health service for the Identification Division. Although I’m a big believer in health, I wish this office hadn’t existed because its room number is very close to the number 1126, which plants a small seed of doubt regarding my theory. Nevertheless, I think the preponderance of evidence supports the notion that 1126 was in the DOJ Building.

That’s very interesting, but I’m still thinking about the health clinic in the Identification Building. Why don’t you think room 1126 was somewhere nearby?

Two reasons: First, not one person with whom I’ve spoken who had worked in the Identification Building has ever heard of the Ident Missing Person File Room. Not a soul. And I spoke with people who, if there was such a thing on the first floor of the building in which they worked, they should have known about it.

Second, it wasn’t the protocol. Missing person documents were normally filed with the Records Management Division. The missing person file room was not part of the Identification Division’s day-to-day business of handling missing person cases.

Wow. If you’re right, this would help answer a lot of questions about the Missing Person File Room stamp on Ron’s documents, wouldn’t it?

Go on…I’m listening…

Well, there’s the question of why don’t they identify the building after the room number on the stamp? But if it’s the DOJ Building, they probably didn’t feel the need to add the name of the building, just like with the phone directories.

Awesome point.

Also, there’s the question of why does the word “Ident” precede the words “Missing Person File Room”? If the room was housed somewhere in the Identification Division, they shouldn’t have to specify Ident, should they?

You know, that’s another really good point. If we put ourselves in the shoes of someone who worked in the Special Investigative Division, they might have labeled their Missing Person File Room with the prefix “Ident” to reinforce the fact that the files originated with the Identification Division. The name may have been a shout-out to the fine folks in Identification, though the file room resided within the Special Investigative Division.

What’s so special about the Special Investigative Division?

Let’s start with some historical perspective: the Special Investigative Division didn’t exist until 1961, when Courtney Evans was named to the head post by J. Edgar Hoover. Hoover had decided to split his investigations team into two divisions—the General Investigative Division and the Special Investigative Division—as a tactical maneuver to help reduce friction between the FBI and Hoover’s two nemeses, President Kennedy and his brother, Attorney General Robert Kennedy. Both Kennedys liked and trusted Evans, and Evans served as a liaison to both men.

The General Investigative Division covered all of the typical FBI cases: murders, kidnappings, bank robberies, and the like, as well as fraud, embezzlement, and civil rights cases. 

The Special Investigative Division, on the other hand, covered three main categories. The first was organized crime, which, according to a 1975 FBI brochure, was defined as “a lawless empire involved in gambling, loan sharking, narcotics, prostitution, labor-racketeering, extortion, and any other venture where easy money can be made.” Organized crime includes the mafia, but it can also include gangs and other organized groups. The Special Investigative Division also investigated fugitives—people who escaped arrest or incarceration. They were also the group who investigated Selective Service Act violations, aka draft dodgers.

Lastly, agents in the Special Investigative Division were the ones who were called upon to investigate individuals who were being considered for employment in high or sensitive government posts under the “Security of Government Employees program.” As the 1975 brochure states, “These investigations ensure that appropriate Government officials have the necessary information on which to judge whether a person chosen to serve the American public is deserving of the trust placed in him as a public servant.”  

I’m including a link to the publication from 1975 so you can read about both divisions in more detail plus anything else of interest.

So why do you think the Special Investigative Division would have had Ron’s missing person file?

Exactly. Why would the Special Investigative Division want to investigate Ron Tammen? 

I don’t believe Ron was linked in any way to organized crime, so let’s just toss that one out right now. We know all about the source of the fish in the bed, and so did the FBI. It wasn’t the mob. And there’s no indication that Ron was involved in any of the nefarious activities previously mentioned.

What about fugitive or Selective Service Act violation cases? We already know that Ron was investigated for draft dodging beginning in 1953. But that case was closed in 1955 by the U.S. Attorney in Cleveland, Ohio. (I’ve submitted a FOIA request to the Executive Office for United States Attorneys, by the way, to find out how typical that action was.) So with the Special Investigative Division starting in 1961, I highly doubt that they would have reopened Ron’s Selective Service case. No way.

Let’s see, let’s see…so what’s left? 

What about the very happy-sounding and not-at-all-worrisome program known as the “Security of Government Employees program”? When I looked up that program, a page popped up on the National Archives and Records Administration website that states that this investigative program (labeled Classification 140 in FBI parlance) was established by the FBI in 1953 as a way of enforcing Executive Order 10450, which was the executive order signed by President Eisenhower to root out and fire gay government employees. We’ve discussed the Lavender Scare on this site before, and how the FBI was descending on civil servants and subjecting them to intense interrogation about their personal lives. Well, now we know the people who were doing it: our friends in the Special Investigative Division.

Now, recall that, in 1953, the Special Investigative Division didn’t exist yet—they inherited the program later. But Ron’s documents were very likely passed along to them—for whatever reason—after they were established in 1961.

Do you think that’s why Ron’s documents were housed there—through the Security of Government Employees program?

It’s tough to say, since we don’t have the documents. But we do know that the FBI was investigating Ron’s case far more than they would a typical missing person case. I’ve often wondered where those interview reports landed, and my current belief is that many of them may have been stored in the Missing Person File Room.

Do you think the Missing Person File Room is still in the DOJ Building?

If I’m not mistaken, the Special Investigative Division moved out of DOJ later in 1976, and into their new digs at the J. Edgar Hoover Building. In September of that year, a group representing the General Counsel to the Public Documents Commission of the DOJ was occupying Newman’s old office.

So what’s next? What can you do to find out more?

I think this information opens up new territory for Freedom of Information Act requests. First off, I need a floorplan of the DOJ building, like, pronto. I’ve attempted this before and failed. But now I have more reason to push on that.

What do you all think? Can you think of some FOIA requests that are just begging to be submitted?

Any final thoughts?

Just one: We’ve been saying all along that Ron’s missing person case was special. Apparently the FBI’s Special Investigative Division thought so too.

*****************

3/12/2022

Update regarding my 2/23/22 blog post:

As you may recall, I’ve been trying to figure out if there was a room 1126 in the Department of Justice (DOJ) Building in the early 1970s. If I can prove that, then I think we can reasonably conclude that the Ident Missing Person File Room was under the supervision of the FBI’s Special Investigative Division.

To answer that question, I’ve been attempting to get my hands on the DOJ Building’s floor plan. But I’ve come to learn that the DOJ Building is considered one of the most secure buildings in the federal government. Translation: I won’t be getting a copy. I did manage to locate someone from the General Services Administration who has a copy of the original floor plan from the 1930s, and who was willing to tell me if there was a room 1126. Here’s what she said:

“Looking at the original (1930s) first floor plan for the U.S. Department of Justice headquarters building at 950 Pennsylvania Ave NW, there does not appear to be a room 1126. It’s possible that the building was re-numbered between 1930 and 1970, however, the original plans do not contain that number.”

So that’s disappointing.

I then asked: “Did the original floor plan show a room 1127? That could help me determine if there could have been a renumbering afterward.”

Her response was: “No, I do not see a room 1127 either.”

So here’s my thinking: unless the staff member known as Newman was working out of a different building in 1976—and I don’t think he was—they must have renumbered the rooms sometime between 1935, when the DOJ Building was completed, and 1976, when Newman was making his records requests.

Oh, I know what you’re thinking. You’re thinking: “Jenny, Newman’s records requests didn’t include the building name—only the number 1127. Is it possible that Newman was working out of the Identification Building? Maybe the Special Investigative Division placed him there so he’d be closer to Records Management, which I seem to recall was also located in the Identification Building.”

Wow…you have an insanely good memory. But while anything is possible, I believe I have proof that that wasn’t the case.

First, although it might have been helpful to place Newman close to Records Management, here’s the snag in that theory: Records Management was part of the Files and Communications Division, and, in February 1976, they had already been occupying the fifth floor of the J. Edgar Hoover Building for over a year. There would have been no reason for Newman to be in the Identification Building in 1976 as everyone else was moving out.

Also, there really, truly was (and perhaps still is) a room 1127 in the DOJ Building. I know this because I have two documents from September 1976 that tell us so.

The first is a letter dated September 15, 1976, from the deputy archivist of the United States to the General Counsel’s office of the Public Documents Commission, a commission created in 1974 to study “the control, disposition, and preservation of documents produced by federal officials, particularly the President.” It appears as though the commission took over Newman’s office shortly after he and his colleagues moved into the J. Edgar Hoover Building that same year.

The letter’s recipient, an attorney named Dori Dressander, passed away in 1999, I’m sorry to report. Otherwise, I would have definitely reached out to her to ask about the room next door and whether she had any good stories she could tell us about Newman. Some additional research on Ms. Dressander reveals that she was a respected legal scholar who had been working on a book on civil rights under the Eisenhower Administration at the time of her death. After she died, the landlord of her Washington, D.C. apartment sent all of her research papers–which were on loan to her and should have been part of Eisenhower’s Presidential Library — to the landfill, which is sadly ironic, considering her obvious belief in public access to historical records. (Note to self: revise will to donate Ron Tammen files to a millennial whom I like and trust.)

The second document is a write-up from the September 16, 1976, issue of the Federal Register that also lists room 1127, Department of Justice.

So, at least for now, our theory is holding up.

Mind you, there’s still a chance that room 1126 is or was on the first floor of the J. Edgar Hoover Building, but I doubt it. The stamp on Ron’s missing person documents likely preceded 1975, the year in which the Hoover building was constructed. Also, the first floor was predominantly devoted to administrative-type purposes, such as classrooms, an auditorium, and the personnel office. A computer room for the National Crime Information Center was also on the first floor, in room 1328. Although, at this point, we can’t rule out the J. Edgar Hoover Building entirely, hopefully the additional FOIA documents I’ve requested will help us do so. And who knows, maybe with those documents in hand, we’ll be knocking on the door to the Ident Missing Person File Room–a door that’s maddeningly unremarkable; a door that’s in full view but is way too easy to miss–sooner than we know.

Mini bonus post: Were Richard Cox’s FBI documents kept in the Identification Division’s ‘missing person file room’ too?

Richard Colvin Cox

Considering how similar the Ron Tammen and Richard Cox disappearances seemed to be, one question that may have crossed your minds at some point is: were Richard Cox’s missing person documents handled the same way as Ron Tammen’s? In other words, were some of Cox’s documents stamped “Return to Ident Missing Person File Room” too?

Also, you may recall that other Tammen documents had been stamped “Retain permanently in Ident jacket #358-406-B”—Ron’s fingerprint jacket—before they were “removed from Ident files” in June 1973. Was there a phrase on Cox’s documents to “Retain permanently in Ident jacket” too? We know the FBI had Cox’s fingerprints on file because of his Army ties, so he should have had a fingerprint jacket too.

To the best of my knowledge, the answer is “no” to both questions.

I know that some of you aren’t convinced that there was a missing person file room per se. But even so…the FBI seemed to be treating the two cases differently, even though there were distinct similarities between them and they’d occurred only three years apart.

Admittedly, I’ve been eyeballing hundreds of pages today and there’s a chance I may have missed something.

And so…I’ve decided to post all of Richard Cox’s FBI documents on this website. I could be wrong, but I don’t think the FBI’s files on Cox have ever been posted in their (supposed) entirety online before. Feel free to explore them at your leisure. There’s quite a bit there and some of it makes for fascinating reading. Also, if you do spot either of the above phrases, or anything else of interest, please let me know. You can find the three CDs’ worth of documents at the bottom of the home page, in the same area as the other documents I’ve posted.

Lastly, if their estimate is still on target, I should be hearing from the Department of Justice by early February regarding my appeal concerning Richard Cox’s Additional Record Sheets. It would be a huge deal if they rule in my favor. I don’t think anyone has ever requested—and received—Additional Record Sheets from the FBI before. Fingers crossed.

I think I may know where the FBI’s ‘missing person file room’ was located

A couple days ago, as  I was pondering my next move on a recent FOIA request that had left me empty-handed, I turned my sights once again to the July 1975 FBI telephone directory.

You may recall the directory in question. We’d discussed it when I was trying to track down someone who’d removed Ron’s missing person documents from “Ident” in June 1973—someone who appeared to have the initials MSL. The directory header says “Officials and Supervisors” in large print and “Secretaries, Stenos, and Clerical Supervisors” in smaller print. Beneath that header is an unredacted list of former employees and their phone extensions, and following those names are the names and locations of every division, section, unit, and desk in the Bureau. It’s a tiny window into the FBI in the mid-seventies and a window that I needed to peer through a little more intently. I guess you could call me the FBI’s own little Gladys Kravitz.

Not all officials are listed in the 1975 staff directory, mind you. Clarence M. Kelley had been the director since 1973, and his name is nowhere to be found. The logic may have been that if you’re an employee of the Bureau, you should already know who the director is. Shame on you if you needed to ask if Kelley was spelled with an “ey” or just a “y.” But Kelley’s underlings are all present and accounted for, including his associate director Nicholas P. Callahan and the associate directors of each of the 12 divisions and the Office of Planning and Evaluation. 

According to the directory, the director’s and associate director’s offices were located on the seventh floor of the J. Edgar Hoover Building, which had been newly completed that very year. Many of the FBI’s employees were also stationed there by then, though not all. People were still occupying space in the Identification Building at 2nd and D Streets SW, as well as an Annex at 215 Pennsylvania Avenue SE, the Old Post Office Building, and the Willste Building, which was a high-rise in nearby Silver Spring, MD (and is now a pricey condo building).

FBI’s J. Edgar Hoover Building, aka FBI Headquarters, in 1975; photo credit: FBI

Richard H. Ash, who headed up the Identification Division at that time, had an office on the top floor of the J. Edgar Hoover Building—the 11th—in  room 11255.

Two days ago, I found myself staring vacuously at the second-to-last page of the directory at a general entry for the Identification Division. The entry looked modest for the largest division in the agency. The mammoth sections it oversaw appeared alphabetically as stand-alone entries, typed in all caps with their units beneath, but the division itself appeared on its own in mostly lower-case letters. Only its phone extension managed to convey an elevated degree of importance: 2222. The Identification Division’s room number was 11262 in the J. Edgar Hoover Building.

11262. 

11262.

It sounded familiar, but why? 

1126…

too.

And then it occurred to me that 1126 is the number for the “Ident. Missing Person File  Room,” which had been stamped on several of Ronald Tammen’s missing person records. So far, a total of zero people I’ve spoken with from the FBI’s Identification Division or its successor, Criminal Justice Information Services (CJIS), as well as the Records Management Division, have ever heard of the Missing Person File Room. 

For those who may be new to the blog site, the Identification Division’s Missing Person File Room appears to have been a diversion from typical FBI protocol for missing persons. Several of Ron’s papers had been housed there, as indicated by the above stamp, and then the stamp was crossed out at some point, though we don’t know when or why, and we also don’t know where Ron’s papers were stored after that. My thinking is that Ron’s case wasn’t the typical missing person case. I also think they knew he was no longer missing. (You can read every blog post that discusses Ron’s missing person file at this link.)

Could it be, thought I, that the Missing Person File Room was in the J. Edgar Hoover Building, up on the 11th floor, under the watchful eye of the higher-ups in the Identification Division? It only had four numbers, not the five that was characteristic of the 11th floor’s numbering system. But is it…conceivable?

I know what you’re thinking. You’re thinking that it makes no sense. Ron’s missing person documents had (ostensibly) been stamped sometime before June 1973, which precedes the Hoover building by at least two years. How could they specify a room number for a new building before said building had even been built? 

Hear me out.

As it so happens, although the J. Edgar Hoover building was nowhere near finished in 1973, it had already been years in development by then, and had been since the early 1960s. In fact, if you’re ever in the mood for some light reading, or, better yet, a natural remedy for covid-fueled insomnia, documents pertaining to the entire process, which began with the formulation of an idea in 1940, can be found on the Government Attic website.

According to a 2014 General Services Administration document describing the building’s planning and construction, floor plans had been approved for at least the first, second, and seventh floors, and I’m guessing others as well, in 1967. (See figures 36-38.) The GSA document also states that some employees had already begun moving into the new building by June 1974.

So keeping all of the above in mind, it would seem feasible that, by the summer of 1973, the Identification Division’s management probably was already preparing for its big move. To assist in the transition, perhaps they’d even decided to label some documents according to the new floor plan, even though the numbering system may not have been 100 percent final. Perhaps when they were writing the number 1126 on the line provided by the rubber stamp, they meant 1126-ish.

That might help explain another minor mystery, by the way—the Missing Person File Room stamp itself. I’d often wondered why someone had to write in the room number as opposed to having the room number engraved on the stamp. Was the information held there so confidential that they had to change its location every so often? 

My thinking now is that the stamp was made during the transition period when they weren’t exactly sure where the Missing Person File Room would be located. “Just put a blank line there and we can fill in the room number later,” a 1970s office supervisor might have said before pivoting on her platform heels and walking away.

But what about the other buildings that the FBI used back in 1973? Could room #1126 have been in one of those?

I honestly don’t think so. I’ve attempted to obtain floor plans for the Robert F. Kennedy Building at 950 Pennsylvania NW, where the Department of Justice is housed and where some FBI officials were located before they moved next door to FBI Headquarters. Likewise, I tried to obtain floor plans of the Identification Building at 2nd and D Streets, SW, the hub of the fingerprint identification activities. I was unsuccessful. I also was unsuccessful in having someone answer my direct question regarding whether there is a room 1126 in the DOJ building now or in the Ident Building when the FBI was still a tenant. 

One kind soul did tell me that there is no such number in the Ford House Office Building, which is a renovated version of the Ident Building.

I was also able to locate some room numbers online for the RFK building, though 1126 isn’t among them. Although the numbering is in four digits and there could feasibly be a room number 1126 on the first floor, it seems unlikely that the Missing Person File Room would have been there. It’s more plausible that it would be accessible to wherever administrative staff would have been located, which was usually on a higher floor.

As for the Identification Building, the 1975 FBI telephone directory shows that most sections were on the 3rd, 4th, 5th, and 6th floors. The directory didn’t specify a room number for the Technical Section, which housed the criminal fingerprint cards. (The civil and Old Armed Forces cards were stored in the Willste Building, in Silver Spring.) Technical staff were most likely stationed in a large open space on the first and possibly second floors. But again, it doesn’t seem likely that the Missing Person File Room would have been located there, particularly since people who’d worked there didn’t seem to know that the room existed.

I also don’t think the Missing Person File Room was housed in the Willste Building due to the same accessibility issues as for the DOJ building. It’s difficult to say, since no room numbers are provided in the directory.

Yesterday, I wrote to the National Capital Planning Commission’s (NCPC’s) Office of Public Engagement seeking the 1967 approved floor plan for the 11th floor of the J. Edgar Hoover Building, if available. I also requested copies of the approved floor plans for the first, second, and seventh floors, since the drawings are blurry in the 2014 GSA document. (The NCPC has suggested going through the Public Engagement Office first before filing a FOIA request.)

In addition, I plan to reach out to two former employees from that era who may be able to answer my questions about the Missing Person File Room as well.

I’ll let you know what I find out.

In the meantime, what do you think? 

On this date in 1958, FBI Headquarters wrote an ‘airtel’ to the Cincinnati Field Office that might have something to do with Ron Tammen…why?

(And also: what happened to it?)

Greetings! Today, I’d like to further discuss the memo that was written on May 9, 1973, by the special agent in charge (SAC) of the Cincinnati Field Office to the acting director of the FBI, who was then William Ruckelshaus. As you probably know by now, the memo concerns the anonymous phone call they’d received claiming that Ron Tammen was working at Welco Industries in Blue Ash, Ohio.

“Oh, geez, that thing again?” some of you may be thinking.

Yeah, that. Sorry, but I still have unresolved issues.

[Click here if you have unresolved issues too and would like to read it again.]

In the last write-up, we discussed how shaky that lead was to begin with. The guy who’d called had refused to provide his name and then he told the FBI rep that a coworker of his might be Ron based on his physical description and “other reasons which he cared not to discuss.” He then “terminated the telephone call,” which sounds as if he hung up in the rep’s ear—a noisy click followed by the long, low waaaaaah of a dial tone. (Hanging up on someone was more dramatic back then.) Apparently, that’s all that was needed for an agent to be assigned to check things out that same day.

Here’s the question that keeps rolling around in my brain: If the FBI didn’t investigate missing person cases, as they claim not to do, why would they have assigned someone to fingerprint the guy at Welco just because some unnamed caller thought he fit Ron’s description? According to an unredacted version of the 1973 memo, the Welco man was an electronic technician from Virginia who’d served his country honorably from 1951 until 1960—a period that covers the time right before Ron entered Miami and extends until seven years after he’d disappeared.

I’d think that the FBI agent would have done his background research on the Welco guy before he made his trip to Blue Ash. The FBI has records on all sorts of people. If a person has a criminal record, they can access it, and they can also access a person’s military service records. Did they do any initial research or did they just pull a surprise pop-in and obtain his bio information there? According to the May 1973 memo, many of the biographical details were provided by the company’s vice president after pulling his employee’s personnel file. Pop-in, it is!

Out of respect for his family, I won’t be sharing the name of the Welco guy who was fingerprinted. His name sounds a little like Ron’s name, which is probably why the anonymous caller thought of him when he read the 20th anniversary article on Tammen’s disappearance and decided to alert the FBI. (I mean, who does that?) And despite whatever physical characteristics the Welco guy had that might have resembled Ron’s, one characteristic stands out that isn’t the least bit similar. It’s also an attribute that is far less likely to change after a person reaches adulthood: his height. The Welco guy was 6 feet 2 ½ inches tall. Ron was roughly 5 feet 9 inches tall. Nevertheless, the special agent fingerprinted the strapping electronic technician from Virginia and a couple weeks later, the Cincinnati Field Office was told that the fingerprints didn’t match Ron’s prints. Not the same guy, said they. (The Identification Division also did some curious things after arriving at their conclusion, which I discuss in the post The Ident Files.)

So there’s that. But the 1973 memo has introduced another small mystery in the Ron Tammen story, and that mystery has to do with the first sentence. It says: “Re Bureau airtel to CI, dated 12/19/58.” The CI stands for Cincinnati Field Office, and an “airtel” was one of the ways in which the FBI communicated internally, especially, I imagine, with its field offices. Think of it as a glorified memo. Most importantly, I wonder if the 12/19/58 airtel is the reason that a special agent was sent to Welco versus ignoring the call altogether, which would have been my inclination had I been on phone duty.

In light of that possibility, the airtel strikes me as important. Unfortunately, there are no 12/19/58 airtels anywhere in the documents I’ve received from the FBI. Back in 2011, I quoted that sentence as a reason for my appeal, when I felt the FBI was withholding documents on Ron. (I still feel that way, by the by.) Even though I won the appeal, I never received a 12/19/58 airtel. I only received documents having to do with DNA testing after Butler County, Ohio, and Walker County, Georgia, reopened their respective cold cases in 2008 to see if a dead body found in the summer of 1953 in Georgia might be Ron.

Although I can’t tell you what the nonexistent memo says, I can deduce a few things about it:

It likely had nothing to do with Ron’s Selective Service violation.

Whenever I’ve discussed Ron’s case with retired FBI folks, the issue of Ron’s avoiding the draft has become their go-to hypothesis as to why the FBI would have investigated his case at all. They can’t imagine why the FBI would spend person-hours, car mileage, or long-distance charges on Ron’s missing person case. 

But I’m not convinced. First, we’ve learned that the FBI was indeed visiting people in their homes and dorm rooms shortly after Ron went missing, before his draft status had changed, and also that the FBI had been sitting in on faculty conferences at Miami by May 1953. Second, one FBI retiree told me that he or she didn’t think they had the staffing to seriously investigate Selective Service cases. They might have posted a record with the National Crime Information Center, so that, if the person was arrested, the FBI would let law enforcement know that there was a Selective Service violation against him as well. But this person doesn’t remember the FBI actively searching for someone who didn’t report for induction.

So I don’t think that Ron’s Selective Service violation—case #25-381754— was the reason that the FBI investigated Ron’s disappearance, or at least not the sole reason. I also don’t think it’s the topic of the 12/19/58 airtel. Here’s why:

When FBI Headquarters responded on 5/22/73 saying that the Welco guy’s fingerprints didn’t match Ron’s, someone added a note at the bottom, which included this information:

Was a subj of SSA violation in 1953. Canceled in 1955 (USA Cleveland closed case).

Allow me to interpret by writing out all of the words: It says that Ron was the subject of a Selective Service Act violation in 1953, however, his case was canceled, or closed, in 1955 by the U.S. Attorney in Cleveland. 

I don’t know how weird it is for a U.S. Attorney, who is part of the Department of Justice (DOJ), to request that an SSA case be closed. That’s probably a question for another day. (Actually, I’ll be submitting a FOIA request seeking all SSA cases that were closed by the U.S. Attorney in Cleveland in 1955 to find out how weird it was.) 

For now, let’s concentrate on the timeframe. For whatever reason, in 1955, Ron’s case had been closed by the U.S. Attorney in Cleveland, which is part of the DOJ, which is the parent agency of the FBI. Because the airtel was written in 1958, three years later, the airtel likely had nothing to do with Ron’s Selective Service Act violation. 

The 12/19/58 airtel didn’t seem to be in Cincinnati in January 2008.

In May 1973, the Cincinnati Field Office possessed the 12/19/58 airtel. We know this because they referred to it in their memo. And that makes perfect sense. If FBI Headquarters sends you an airtel, you file it somewhere in case you need it, and they needed it in 1973.

But in 2008, the airtel didn’t seem to be in Cincinnati anymore. I think this because I obtained a set of the FBI’s Freedom of Information Act (FOIA) documents from the Butler County Sheriff’s Office after cold case detective Frank Smith had retired. It’s the set that Smith had obtained from the Cincinnati Field Office in January 2008. Just like my FOIA documents, Butler County’s set doesn’t include the 12/19/58 airtel either.

I know what you’re probably thinking. You’re thinking: Perhaps the airtel reached its record retention date, and Cincinnati destroyed it according to the National Archives and Records Administration (NARA) records schedule. Thank you for raising this important point. You’ve obviously become experts on the topic of NARA and records retention schedules, thanks to the FBI’s early expungement of Ron’s fingerprints in 2002, 30 years ahead of their normal schedule. 

While it’s true that the 1958 airtel may have been destroyed, the FBI hasn’t admitted to destroying very much on Tammen, at least not to me. Through my lawsuit settlement, I was provided with an in-depth declaration of all the places in which the FBI had searched for documents on Tammen. And in that search, they told me the approximate dates when certain documents had been destroyed. 

Click on chart for a closer view
Click on chart for a closer view

For example, although FBI Headquarters destroyed Ron’s Selective Service file “on or about 2/1/1997,” they also reported that the Cincinnati Field Office destroyed Ron’s Selective Service file in 1964. Ostensibly, the 1958 airtel was not in that file, otherwise Cincinnati’s SAC would not have referenced it in 1973. So that supports our conclusion that the 12/19/58 airtel didn’t have anything to do with Ron’s Selective Service violation.

Click on bulleted list for a closer view

The only other document that the FBI’s declaration claims was destroyed is Ron’s Classification 190 document, which had to do with either the Privacy Act or the Freedom of Information Act and which had originated in the Cincinnati Field Office. That document was destroyed “on or about 5/17/2008”—several months after Smith had reopened his investigation. But no matter what purpose the destroyed document had served when it was still with us on earth, it couldn’t have been the 12/19/58 airtel, since the latter document originated from FBI Headquarters, not Cincinnati. 

In their declaration, the FBI also says that one file on Ronald H. Tammen, file #252-IR-C5652, is missing and unable to be located (see top chart). Perhaps the 12/19/58 airtel is in that lost file? I have some thoughts on this question, but I can’t print them here just yet. Based on the file’s number, it has to do with the National Center for the Analysis of Violent Crime and/or its Violent Criminal Apprehension Program, known as ViCAP. It’s important that we not let our imaginations run wild regarding the missing file. Perhaps I’m wrong, but I don’t think there’s anything pertaining to Ron that would be helpful. If there ever comes a time when I’m at liberty to discuss this topic, I will. But I also don’t think it has anything to do with the 12/19/58 airtel, particularly since the center wasn’t started until 1984.

The airtel may not have pertained to Ron specifically.

So where’s the 12/19/58 airtel and what might it have said? You got me. But it occurs to me that the reason neither Frank Smith nor I received the airtel in our FOIA documents could be because it wasn’t stored along with the Tammen documents. Maybe the airtel dealt with a separate topic. For example, perhaps it was an instructional document for how to handle anonymous phone calls.

For this reason, I’ve filed a FOIA request seeking “ALL FBI BUREAU AIRTELS dated 12/19/1958 that were addressed to the Cincinnati Field Office.” I’ll keep you posted.

I’m going to end things here for now. If I should hear back from any of my public records requests over the next week or two, you may hear from me again. Otherwise, I wish you all peaceful and healthy holidays (emphasis on the healthy), including a Belated Healthy Hanukkah, a Healthy Christmas, a Healthy Kwanzaa, and a Healthy New Year, not to mention a Healthy Boxing Day, Winter Solstice, and (of course) Festivus!

Herbie on Christmas morning a couple years ago. (Seriously, he posed under the tree, as if on cue.)

The Cincy files, part 2: some quasi-relevant reading material in honor of today’s game

Photo by Dave Adamson on Unsplash

At 4 p.m. ET today, a certain football team will be playing in the American Athletic Conference championship game—a team that’s currently ranked number four in the nation and could very well become this year’s national champion. And so…I thought it might be fun once again to focus our attention on the town of Cincinnati, Ohio.

For those of you who aren’t into football, I feel you. I have my own issues with the sport. Like: we’re asking college students who are still in their teens and early 20s—children, really—to inflict pain on one another every Saturday of every fall, why? Also: does it seem to you that the placement of the football by the ref is ridiculously arbitrary especially at those times when only inches are needed for a first down? And: what exactly is clipping, and can anyone truly recognize it if it happens?

This post is written specifically for the people who aren’t 100 percent into football or the Cincinnati Bearcats per se but who want to feel a part of things. The rest of you are welcome too, of course you are, but we’re not going to be talking about football anymore. I used up most of my football knowledge writing that last paragraph. Perhaps it would be best if you get ready for your watch party and come back tomorrow when you’re better able to concentrate. We’ll be here.

Today, for all the others, I give to you…a primer on the FBI’s Cincinnati Field Office. 

[Audio provided by Zapsplat.com.]

To help refresh your memories, it was in this field office that a document on Ron Tammen had originated, but was summarily destroyed “on or about May 17, 2008,” just a few short months after Butler County cold case detective Frank Smith had reopened the case. The document was located in the Classification 190 files, which means it had something to do with the Privacy Act or Freedom of Information Act (FOIA), which should ring a bell. As you know, the FBI had expunged Ron’s fingerprints in 2002—30 years ahead of schedule—due to a Privacy Act conflict or a court order (probably the former). What’s more: Butler County is under the Cincinnati office’s jurisdiction and the Cincinnati office was aware that Smith had reopened the investigation. Pretty weird timing to destroy a potentially relevant document, amIright?

Those were, in my view, some major findings which resulted in some additional questions that I’ve been attempting to have answered. For some, I’ve been successful. Others I’m still working on. Here’s where we stand so far, starting with an overview of the FBI’s field office system. As you read this post, please bear in mind that I have no red meat for you today. We’re serving up lentils and leafy greens, folks. Still important in the long haul—maybe more important—but not totally satisfying.

What’s an FBI field office and why do they exist?

As you know, crimes are committed all over the country, including the really bad ones that the FBI deals with. It would be hard for the FBI to do its job of fighting said crimes if all of its agents were located in D.C. For this reason, the FBI has constructed field offices across the country and in Puerto Rico—56 in all. The head of each field office is referred to as the special agent in charge, or the SAC; the second in command is the assistant special agent in charge, or ASAC; and the special agents (SAs) and administrative staff fill out the roster.

The state of Ohio has two field offices. The Cleveland Field Office covers the 40 counties in northern Ohio while the Cincinnati Field Office includes the lower 48 counties. Both field offices have been involved in Ron Tammen’s case. When Ron disappeared, his mother Marjorie had contacted the Cleveland Field Office because the Tammens lived in the Cleveland suburb of Maple Heights. Therefore, the Cleveland Field Office was the office of origin for Ron’s missing person case. In 1973, an anonymous caller had telephoned the Cincinnati Field Office to say that they thought Ron Tammen was working at Welco Industries in Blue Ash, OH, and an SA from Cincinnati investigated. We’ll discuss more on that visit a little later.

Where is the FBI’s Cincinnati Field Office?

The FBI’s Cincinnati Field Office is a 4-minute drive from the Kenwood Towne Center, an upscale shopping mall on the outskirts of the city, near I-71. The current building was completed in 2012 by a design, engineering, and construction team represented by the Molasky Group of CompaniesBayer Becker, and Skanska.

Be advised that the Cincinnati Field Office is undoubtedly a highly secure facility. I wouldn’t recommend that anyone drop by without an invite.

Which counties is the Cincinnati Field Office responsible for?

As mentioned earlier, the Cincinnati Field Office oversees the 48 counties in central and southern Ohio, but this is where things get a little tricky again. As you know, crime happens all over the place—including  Ohio’s lower 48 counties. If someone robs a bank in Piqua—in Miami County—it wouldn’t be very convenient for an agent in Cincinnati to drop whatever they’re doing to investigate, particularly when they have bigger cities in Ohio to worry about, like Columbus and Dayton. 

Currently, the Cincinnati Field Office will send its agents to investigate bank robberies and other high crimes in six of its counties: Brown, Butler, Clermont, Clinton, Hamilton, and Warren, with Butler County encompassing the towns of Oxford and Hamilton, and Hamilton County including Cincinnati. (Yeah, I know…the whole “Hamilton” thing gets confusing.) The remaining 42 counties in Cincinnati’s domain are divvied up by resident agencies, which are smaller FBI offices situated around the state. The Cincinnati Field Office’s five resident agencies are in Athens, Cambridge, Columbus, Dayton, and Portsmouth. As I’m sure you can imagine, Columbus is the largest resident agency of the bunch—so big, in fact, that it rivals the size of the Cincinnati Field Office. Nevertheless, Cincinnati remains FBI headquarters for southern Ohio, which is why it’s often referred to as Headquarters City by its employees.

I seem to recall that there were more resident agencies in southern Ohio at one time. Or am I mistaken?

Great point! You are not mistaken.

Where were the other resident agencies located?

Based on news accounts, there was an additional resident agency in Middletown during the mid-to-late 1990s, possibly earlier, until at least 2014, which was the timeframe in which Frank Smith would have been inquiring about the Ronald Tammen case. The Middletown office reported directly to the FBI’s Resident Agency in Dayton.

Long before that, in 1971, the Cincinnati Field Office oversaw resident agencies in Athens, Chillicothe, Columbus, Dayton, Hamilton, Portsmouth, Springfield, Steubenville, and Zanesville. Four of these still exist, and the new one in Cambridge was added, though, again, I’m not sure when. But the resident agencies in Chillicothe, Hamilton, Springfield, Steubenville, and Zanesville, are gone. These offices would have been really small…staffed by 1-10 people and residing in borrowed space in a federal building, often a post office. 

Why aren’t those resident agencies there anymore?

I’m not sure why the Middletown office was closed—probably cost-cutting measures, but that’s just a guess.

As for the offices that existed in 1971, this is a fun story. Have you heard about the break-in that took place on March 8, 1971, in the FBI’s resident agency in Media, PA, outside Philadelphia? Several antiwar activists calling themselves the Citizens’ Commission to Investigate the FBI broke into the resident agency there and stole over 1,000 classified documents. Through that extremely daring act, they exposed the FBI’s illegal domestic surveillance activities, nicknamed COINTELPRO, to the world. (A 2014 film on the topic, titled 1971, is really good, though I don’t think it’s currently being streamed anywhere. If you can find a streaming service that’s offering it, please let us know in the comments.)

J. Edgar Hoover was furious when the break-in happened. By April 1971, he was publicly threatening to close roughly 100 of the 500 smaller resident agency offices as a means of improving security. Although the FBI was tight-lipped about which ones were being shut down at the time (they didn’t want ruffians taking advantage of the turn of events), I think it’s reasonable to conclude that the offices in Hamilton and elsewhere were part of the collateral damage.

When the anonymous caller telephoned the Cincinnati Field Office in 1973 about the guy at Welco Industries, why did they send someone from the Cincinnati Field Office? Couldn’t they have sent someone from a smaller resident agency?

I was wondering about this too. It has to do with the timing of the call. The smaller resident agencies had been closed by July 1971. The anonymous call was made in April 1973, so there were fewer resident agencies by then. Perhaps Cincinnati handled it because Blue Ash is in Hamilton County and they were closest. 

But here’s the rub: an anonymous source called the FBI and provided a few miniscule details about why he or she thought the person in Blue Ash might be Ron and then hung up the phone. Here’s what the report said: “The caller based his opinion upon physical description and ‘other reasons which he cared not to discuss.’ At this point the caller terminated the telephone call.” 

Seriously? The FBI claims that they don’t investigate missing persons cases unless there are signs of force or if a person was kidnapped or something. Missing persons are rock bottom on the FBI’s list of priorities. Why did they send anyone at all, let alone someone from Headquarters City on the same day the call was made?

What about in 2008? Did Frank Smith go through the Middletown or Dayton Resident Agency versus the Cincinnati Field Office?

Great question. Through news accounts and the DOJ document I linked to previously, we know that Middletown was in operation from the 1990s through at least 2014, and another news article from 2000 said that the Dayton Resident Agency oversaw 12 counties, which included Butler County. Theoretically, Frank Smith would have gone through the Dayton Resident Agency.

Unfortunately, I’ve been unable to communicate with Frank regarding these questions. The best I can do is refer to old transcripts. Here’s the most specific exchange I found:

JW: So when you did your FOIA, did you go through Cincinnati, or did you go through [Washington, D.C.] Headquarters? 

FS: We actually had an agent who was a dear friend of mine and we actually asked him if he could get a copy, and that’s how we came up with our files.

So, although in my gut I believe that Frank was talking specifically about an agent in Cincinnati, he doesn’t specify on the transcript. (Clever!) But honestly, it doesn’t matter if he was talking about someone in Cincinnati or Dayton or even Middletown. All of the FBI offices that were connected to the Cincinnati Field Office were automated in 2008 and all had access to the same documents.

Do we know whether Ron’s document was a FOIA request or an expungement request?

I’m afraid I haven’t been able to pin that down yet. You may recall that I’d submitted a FOIA request for all the documents that surrounded Ron’s in the Classification 190 “0” file. Since Ron’s serial number was 967, I requested documents 900 through 999. What I received didn’t tell us a lot other than the document titles. The rest of the information was redacted. However, I did notice several documents in which Criminal Justice Information Services (CJIS) provided guidance on how the Cincinnati Field Office should manage such files. I’ve since filed a FOIA request for the full, unredacted versions of those documents—they’re just administrative documents, so no one’s privacy is at stake—and am still awaiting a response. Once I understand the protocol better, I can submit more FOIA requests.

As for the possibility that Ron’s document was simply a FOIA request submitted by an interested third party like myself, I contacted a source who has always been one of the more avid followers of the Tammen story. He never submitted a FOIA request. One of his students—a Miami journalism major who’d written on Tammen for the Miami Student during her time there—had submitted a FOIA request on Tammen, but she’d submitted hers after I submitted mine in 2010. At this point I know of no one other than Frank Smith who submitted a FOIA request in or before 2008. Also, I’d argue that most FOIA requests go through FBI Headquarters in D.C., and not through a specific field office.

Where did Ron’s Classification 190 document originate from?

The document feasibly could have originated from any of the 48 counties represented by the Cincinnati Field Office or its resident agencies. I find this a little weird, though. I’ve never considered Ron living his dream in one of Ohio’s lower 48. I prefer to think of Ron living in Paris or Morocco or someplace cool like that. I’m afraid that’s still an open question for now.

How is a document added to the Classification 190-0 file?

To the best of my knowledge, in order for a document to be added to the Classification 190-0 file in Cincinnati, it would have been reported within the Cincinnati division—Columbus, Dayton, or anywhere else. Something was reported that didn’t rise to a criminal investigation, otherwise a separate file would have been created. 

An agent may have received information and thought, “this doesn’t amount to anything yet, but maybe something will turn up.” They wrote it up in a memo, and they routed it to the supervisor, who would then decide that it should go into the 0 file. It would be indexed—in this case under the name “Ronald Tammen”—which is why it turned up in the automated search.

Can a different FBI office expunge a document that originated with the Cincinnati Field Office?

Because the same documents pop up for every FBI office who searches for Ronald Tammen—whether they’re in Dayton, Cincinnati, or D.C.—it’s feasible that it wasn’t the Cincinnati Field Office who expunged Tammen’s record, but someone else. I’m looking into this question as well.

How can we learn more?

I definitely think there’s more to be learned. Yesterday, on a whim, I wrote to my friends at the Cincinnati Field Office. I understand that the Classification 190 files are managed by the chief division counsel, and so I’ve requested a sit-down with that person to describe their protocol. I assured this person that I would not be asking about Ron’s document—I know it’s long gone. I just would like to understand more about the day-to-day operations regarding the Classification 190 files. So far, I haven’t heard back, but I’ll keep you posted.

As I said—mostly quinoa and kale today. 

Go Bearcats!

**************

BONUS QUESTION:

How are cases assigned in FBI field offices?

Special agents are assigned to a squad, and each squad covers a certain type of crime. One squad may cover civil rights cases, another might cover white-collar crime, another covers organized crime, and so on. It’s like how a news reporter covers a certain beat, be it crime, politics, education, etc.

If a call comes into an FBI field office, it’s assigned to whatever desk covers that violation. The desk supervisor will have a certain number of agents on his or her squad, and he or she will decide who’s going to get the case. As for missing persons, there’s no squad for that.

Things may not have been exactly the same in 1973, but I’ll bet they were similar. So it’s puzzling to me why a desk supervisor back then would think it worthwhile to take one of his/her agents off their normal beat to follow up on an anonymous hang-up call from Blue Ash, Ohio.

Zeroing in on Ron’s ‘zero’ file

Cincinnati Field Office, image credit: FBI.gov

On or about May 17, 2008, someone in the Cincinnati field office of the FBI discarded a document on Ron Tammen. The document was located in their Classification 190 files, right up front, in the file labeled “0”—known as the zero file. Classification 190 files have to do with the Freedom of Information Act (FOIA) or Privacy Act. As for the 0 files, here’s what the National Archives and Records Administration has said about them: used for administrative and logistical matters but mostly were used for citizen correspondence related to a classification, routine request for information, and general reference materials.

As you may recall, I was a little bemused when I learned that Ron’s 0 record had been destroyed in May 2008, since I also knew that Frank Smith, Butler County’s cold case detective, had reopened the case roughly five months earlier, in January. Butler County is in the Cincinnati field office’s jurisdiction. Why would the FBI have destroyed Ron’s record when they knew the case had been reopened? And did they ever pass along whatever was in the 0 file to Det. Smith? And if the document had to do with the Privacy Act, could it be that Ron Tammen himself had requested that his fingerprints be expunged? That seems…oh, I dunno…significant.

As I mentioned in The Cincy file, I wanted to know more. As you can see in the above graphic, Ron’s now nonexistent document was identified with the ending label “Serial 967,” which means that his was document number 967 within the 0 file, behind number 966 and ahead of 968. I wanted to see who Ron’s neighbors were in the file, so I submitted a FOIA request for all documents numbered between 900 and 999. For example, if the surrounding documents were all fingerprint expungement requests, then I’d be willing to bet that Ron’s now obliterated document was a fingerprint expungement request as well. Today I received 39 documents, which you can review here.

There’s not a lot of information to be gleaned from these documents. Only the titles are provided, which offer at least a glimpse into the 0 file’s contents. Some of the documents are administrative. Some have to do with expungement requests from various people whose names—and all other pertinent information—have been redacted. Some have to do with requests for documents, most likely from people who wanted to review whatever documents that the FBI has on them. And then there’s the beloved redacted category. Here’s a breakdown by subject and the number of documents having to do with each. (Note that I was conservative in my groupings.)

SUBJECTNUMBER OF DOCS
[Redacted]4
Inmates rights1
Copy of inmates rights1
Application to DEA (*Drug Enforcement Administration, I believe)1
Expungement5
Court orders re expungement should go to BCII (*Bureau of Criminal Identification and Investigation, I believe)1
Proof of death1
Request all documents5
Imperfected request, notary needed1
Entry ordering expungement1
Extry (*?) ordering expungement1
ELSUR (Electronic Surveillance) [redacted]1
CJIS instructions re expungement1
Proper submission of expungement1
Order sealing conviction1
Returning order sealing conviction1
Disposition of case1
Return disposition sheet—referred to DEA1
Third-party request require privacy waiver or proof of death2
Enclosing copy of certified judgment order expunging record1
Returning enclosures1
Inquiry re [redacted] Ident record1
Return judgment entry with Ohio instructions from CJIS1
CJIS and need for fingerprints1
Copy of Attorney General order 556-731
ELSUR check for [redacted] inmate1
Corrections on rapsheet1

It is what it is—generally, a hodgepodge of requests from a bunch of random people plus some administrative guidance from Criminal Justice Information Systems (CJIS) on expungement and other noteworthy topics. I’m actually a little baffled by the 0 file’s lack of specificity. They couldn’t create separate files for expungement requests versus FOIA requests versus administrative guidelines under Classification 190? They had to toss them all into the same gigantic file?

But let’s not give up just yet. I’ve also come to learn a few additional facts about the Cincinnati file:

  • Just because the document number has a “CI” in front of it doesn’t mean that it originated in the Cincinnati office per se. The FBI’s Cincinnati field office encompasses 48 counties in southern Ohio. (Cleveland’s field office has jurisdiction over the remaining 40 counties in northern Ohio.) The Cincinnati field office also comprises resident agencies, which are located in other cities, such as Dayton and Columbus. Ron’s document could have originated in any one of Cincinnati’s resident agencies—we can’t be sure of which one. However, we can be sure that it originated in southern Ohio.
  • The Classification 190 files are overseen by the chief division counsel—a lawyer. This person reports directly to the special agent in charge, or the SAC. The SAC heads up the entire Cincinnati field office. 
  • The destruction of files is overseen by the administrative officer, and he or she does so on the basis of the document retention schedules we’ve discussed in past blog posts, generally years later. This person also reports directly to the SAC.
  • Ever since the FBI automated its files, agents can enter a name and pop up a number of files in which that name appears, regardless of the file’s origin. When the agent working with Det. Frank Smith was conducting his or her search on Tammen in January 2008, all of the relevant files appeared on screen, including Tammen’s Classification 190 record.
  • Detective Smith’s file on the Tammen case was given to me by the Butler County Sheriff’s Office after Smith retired. His file contains all of the same FBI documents that I received from FBI Headquarters, with the exception that some portions of his documents had been unredacted (alas, nothing useful concerning Tammen, unfortunately). From what I can tell, he did not receive the 190-CI-0, Serial 967 document on Tammen.

One question I’ve had was whether the 190-CI-0, Serial 967 document was simply Det. Smith’s FOIA request to the Cincinnati office for Tammen’s documents. According to the FBI’s printout (above) of Tammen documents, which I’d obtained from my lawsuit, we don’t know the original date of the document that was destroyed in May 2008. Perhaps the FBI special agent whom Det. Smith was working with had created a record concerning Smith’s request  and he or she didn’t feel the need to send that to Smith as well. But I’ve discounted that theory, since the record was destroyed only five months later, far earlier than normal retention schedules would permit. 

Here’s where my head is at the moment: Document number 190-CI-0, Serial 967 could have been a boring old FOIA request from anyone seeking FBI documents on Ronald Tammen. Perhaps the agent working with Smith saw it and decided it was useless information for Smith’s purposes. (I can’t imagine who the FOIA requester would have been, though. I didn’t submit my FOIA request until 2010 and I think I preceded most others in the Tammen-obsessed public. For anyone reading this who may have submitted a FOIA request on Tammen to the Cincinnati FBI before 2008, please let me know.) Regardless, I’d think that the agent still would have passed the document to Smith. Who knows, the inquirer might have been relevant to Smith’s search. It’s tough to say without a date of origin.

It’s also feasible that Ron Tammen submitted a request to the FBI’s Cincinnati field office (or its resident agencies) to expunge his fingerprints, or, alternatively, that he submitted an information request to the FBI and that’s how he discovered that they’d had his prints. Either way, someone within the FBI may have felt the need to destroy that request in May 2008, five months after they found out that Butler County had decided to reopen his cold case.

Rest assured that Cincinnati hasn’t heard the last of me.

The Cincy file

Bridge into Cincinnati; Photo by David Lundgren on Unsplash

One question I’ve been mulling over lately is how in blue blazes did a document with Ronald Tammen’s name on it housed in the FBI’s Cincinnati office find its way into the agency’s “circular file” mere months after Detective Frank J. Smith of the Butler County Sheriff’s Office had reopened an investigation into Tammen’s disappearance? 

After all, Butler County is in the Cincinnati office’s jurisdiction. If a Butler County detective is actively working the case, you’d think those folks would realize that the record might be of interest. Also, it wasn’t as if the FBI didn’t know that the case had been reopened. They were supposedly providing assistance to Butler County and their counterparts in Walker County, Georgia, as the two offices had joined forces to determine if the remains of a John Doe buried in Lafayette, Georgia, happened to be Tammen.

Their timing seems…oh, I dunno…questionable?

And so, as per yoozh, I needed to investigate.

As we’ve discussed previously, the record in question is #190-CI-0, Serial 967. According to the FBI’s Record/Information Dissemination Section, it was “destroyed on or about 5/17/2008,” five months after Detective Smith and his Georgia counterpart, Mike Freeman, decided to reopen their respective cold cases.So why (again, in blue blazes) did the Cincinnati office feel that the time was ripe to destroy that particular document THEN? 

Click on image for a closer view

Because they’d been so helpful in the past, I submitted a Freedom of Information Act (FOIA) request to the National Archives and Records Administration (NARA), asking them for the Standard Form 115 (SF 115) that substantiated the FBI’s destruction of #190-CI-0, Serial 967.

Their FOIA specialist got back to me the next day. You heard me right. He got back to me—with an actual response—on the very next day that I submitted my FOIA request. When it comes to FOIA, NARA is the biggest, baddest bunch of rock stars ever in comparison to all the other federal agencies. They’re the Beatles, Rolling Stones, Tina Turner, The Who, Led Zeppelin, Queen, Aretha, Bruce, I’m gonna say Dire Straits but that’s just me, [fill in name of your all-time favorite artist/band], and James Brown all rolled into one. Put simply, dealing with NARA’s FOIA office is a feel-good experience.

And where do our friends at the FBI and CIA fall on the rock spectrum? I’d say that one could be likened to Milli and the other to Vanilli. (It makes no difference which is which.) They’re usually just mouthing some words, giving us some lip service. If there’s a document they don’t want the public to see, they’ll find a way to withhold it, regardless of whether their reason is justifiable or not, and they’ll stall for as long as humanly possible. It has to do with r-e-s-p-e-c-t. NARA respects FOIA and the public it serves. The FBI and CIA, um, don’t. Strong words, I know, but girl, you know it’s true. (P.S. The Milli Vanilli analogy doesn’t extend to the musicians and singers who backed them up, especially the drummer, who was playing his heart out in the above video. I have more to say about the drummer near the end of this post.)

Here’s what NARA’s FOIA representative told me: 

Agencies do not submit documentation to NARA to substantiate destruction of records. They use approved records schedules to determine the disposition of the records.

Oops. I should’ve checked the online records schedule before submitting my FOIA. But, truth be told, this stuff is confusing and sometimes I need to have things spelled out for me. Also, even if I’d consulted the records schedule first and it had said “Discard after such-and-such timeframe,” I couldn’t imagine that it would have applied to this scenario—during a newly reopened cold case investigation. Surely, there must be a clause that states: “If a document scheduled for destruction is potentially relevant to a newly reopened cold case, of course you should hang onto said document. Good Lord, did you even have to ask?” Or something to that effect.

The NARA rep then explained the file’s numbering system.

FBI File #190-CI-0 is as follows:
1. Classification 190 – Freedom of Information Act/Privacy Acts
2. CI – stands for the field office, Cincinnati, OH
3. “0” – the 0 files were used for administrative and logistical matters but mostly were used for citizen correspondence related to a classification, routine request for information, and general reference materials.

Allow me to interject here that one key difference between the Freedom of Information Act and the Privacy Act is that, with a FOIA request, you’re generally seeking information about someone other than yourself or a specific government program. With a Privacy Act request, you’re seeking information about yourself. OK, carry on, NARA FOIA rep. 

NARA FOIA rep then added:

Classification 190 files do not include the underlying records. 

What he means by this is that the record being requested under FOIA or the Privacy Act—like a fingerprint record, for example—wouldn’t be part of the Classification 190 file. But correspondence that pertains to that record—e.g., “Dear Sir or Madam: Please expunge my fingerprints because blah blah blah and OH MY GOD CAN YOU EVEN IMAGINE HOW A SENTENCE LIKE THAT MIGHT HAVE ENDED?!”—would. That’s just an example off the top of my head, mind you. We’ll never know what Ronald Tammen’s document actually said because, as I believe I’ve pointed out several times already, the FBI’s Cincinnati office destroyed it in the middle of Butler County’s reopened investigation.

NARA’s FOIA representative then sent me a link to the FBI’s applicable records schedule, N1-065-82-04,and he referred me to the pages having to do with field offices, which was Parts C and D. There’s a lot of overlap and plenty of room for judgment calls. Also, this is the honor system, an idyllic system of hope and trust whereby doing the right thing is expected and doing the wrong thing, well, I suppose that can happen too.

What Part C says

Of all the parts of the 309-page records schedule, Part C is the shortest and friendliest, offering up just three pages of general guidelines for FBI field offices regarding what to do with their aging records. I’m posting all three pages for you here.

At the top of page one, it says:

“These authorities apply regardless of the classification” but then they have some caveats concerning what might be discussed in other parts (e.g., Parts D or E), with this important NOTE: “Care must be taken to insure that records designated for permanent retention by other items in this schedule are not erroneously destroyed using authorities in this part.”

Translation: field offices should do what’s in Part C, regardless of classification, but if other parts of the schedule say that you need to do something else, do that. And most importantly, when in doubt, don’t throw it out.

Actually, that reminds me of a story someone told me. When J. Edgar Hoover was director of the FBI, he didn’t want to let go of anything. For decades, the FBI hoarded all of their records and wouldn’t even let folks from the National Archives touch their stuff. It wasn’t until after Hoover died that they finally let NARA in the door to work out a disposition schedule. The FBI changed their policy in part because they were getting a new building in Washington, D.C., so they used that opportunity to get permission from NARA to destroy a lot of their records. (Incidentally, the FBI still isn’t 100 percent onboard with NARA and FOIA and the whole public transparency cause. Although they dutifully send their records over to NARA on the agreed-upon timetable, they have yet to send an index to help NARA navigate their FBI holdings and address any subsequent FOIA requests they may receive.)

Back to Part C. Because Ron’s document was in the “0” file, the Cincinnati office was instructed to “DESTROY” it when it was 3 years old or “when all administrative needs have been met, whichever is later.” 

I suppose it’s possible that the document had coincidentally reached its three-year mark in May 2008. However, even if that were the case (which I don’t believe for one second) I can’t imagine that whoever destroyed it then had determined that all administrative needs had been met when, you know, a cold case investigation had been reopened the next county over. I know at least one detective who might have had an administrative need or two for that document.

There’s another item in Part C that might apply as well. Because Ron’s document is in the Classification 190 category, we know that it had to do with FOIA or the Privacy Act (most likely the latter). Item #9 deals specifically with cases in which the subject requests disposal because “continued maintenance would conflict with provisions of the Privacy Act of 1974.” If that were the reason for destroying the document, then Cincinnati ostensibly should have submitted an SF 115 to NARA beforehand. However, if they’d submitted one, I’m pretty sure I would have received it from NARA when I’d FOIA’d them. (NARA’s FOIA rep’s exact words were: “There are no other records responsive to your request.”) Either item #9 didn’t pertain or, well… ¯\_(ツ)_/¯.

Confused? Stay with me. You’re doing great.

There’s a chance that the folks in Cincinnati also consulted Part D, the guidelines for each of the individual classifications for field offices. This is where things really get complicated. Under Classification 190, we’re told to “See Part C (which we’ve already seen), except for those cases where disposition is governed by General Records Schedule 14.” 

Part D, Classification 190

Oh, good, a new records schedule. It’s as if they knew I was growing tired of the first one.

When you go online to find General Records Schedule (GRS) 14, you’ll soon learn that in 2017, it was superseded by General Schedules 4.2, 6.4 and 6.5. However, back in May 2008, federal agencies were still doing things according to the 1998 version of GRS 14.

And if you take a gander at that schedule, you’ll soon be presented with a menu of very strict and specific instructions that depend on what the record is—which, alas, we don’t know because the FBI’s Cincinnati office destroyed it.

But wait. Maybe we can figure out what kind of document it was based on the two dates we already know. We know that Ron’s fingerprints were expunged in June 2002 due to the Privacy Act or a court order, most likely the former. And we also know that in May 2008, the Cincinnati office destroyed a Tammen-related document having to do with FOIA or the Privacy Act, most likely the latter—though we’re less certain about that one. If both actions were due to the Privacy Act, they could be related, with a difference of six years between them. And if we look at the 1998 version of GRS 14, only one Privacy Act-related document specifies waiting six years before it can be destroyed. It’s this one:

  • Erroneous release records—files relating to the inadvertent release of privileged information to unauthorized parties, containing information the disclosure of which would constitute an unwarranted invasion of personal privacy.

Maybe that’s the reason they destroyed Ron’s record? It’s impossible to say. But honestly, as I’m wading through the bureaucratic jargonistic blather that is today’s post, annoyed and discouraged and bored out of my mind, I don’t think it matters if the Cincinnati field office was operating under Part C or Part D (or even Part E, the catch-all “Miscellaneous” category for files kept elsewhere) or the old GRS 14—whatever—I still believe they could have turned over Ron’s “0” file document to their law-enforcement partners in Butler County when they had the chance. And make no mistake about it, they had the chance. I’ll tell you why shortly.

Serial 967

There’s one part of Ron’s record that we haven’t discussed the meaning of yet—the number at the end, Serial 967. Serial 967 is what identifies Ron Tammen’s record from everyone else’s in the “0” file. To help you visualize things, picture a metal filing cabinet with a bunch of drawers in it and Classification 190 occupying one of those drawers. (I’m sure it occupies more space than that, but this is just to help us understand the organization.) Now picture the “0” file as a folder inside that drawer in front of all the other folders. The “0” folder holds a large number of documents, and each document has its own serial number, which are arranged in numerical order. When Cincinnati still had Ron’s record, it would have been located pretty far back, between serial numbers 966 and 968.

I have no idea what kinds of documents shared a folder with Ron Tammen’s document, but it might be interesting to find out, mightn’t it? For this reason, I’ve submitted a FOIA request for the documents that surrounded Ron’s—beginning with serial number 900 and ending with number 999. Today, I received a letter of acknowledgement from the chief of the FBI’s Record/Information Dissemination Section letting me know that it was an acceptable request and assigning it a number. If I receive anything of interest, I’ll be sure to let you know.

More on Milli Vanilli’s drummer and how he relates to the FBI’s Cincinnati office

Milli Vanilli’s drummer was Mikki Byron, an accomplished musician who not only played the drums really well, but he also played the guitar, saxophone, and keyboard and sang vocals. In addition to his time spent with Milli Vanilli and the Real Milli Vanilli (the true singers behind Milli Vanilli plus band members), he played in a number of bands, including Mikki Byron and The Stroke, Custom Pink, and the L.A. Ratts. Tragically, Mikki died in 2004 at the age of 36. (As for Milli Vanilli, Rob Pilatus, one-half of the duo, also died tragically in 1998. Fab Morvan, the other half, is still performing.)

Whether or not you’re a fan of Mikki’s music, here’s the point I wish to make: Despite sharing a stage with two guys who were fake singing and whose purported dance moves were just plain awkward, Mikki Byron was for real. He had innate talent and he had training, and he brought everything to the stage when he performed. Fans miss him. They still talk about him. There’s a tribute page on Facebook for him. If you didn’t watch the video of Mikki playing the drums when I mentioned it before, please watch it now. You won’t be sorry.

I was hoping that I’d found my own version of Mikki Byron within the FBI—someone in their ranks who’d be willing to break free of all the stonewalling and duplicity and actually answer a couple simple questions truthfully.

This past Saturday, I sent an email to the Cincinnati office’s community outreach specialist. I said:

I’m wondering if you can help me. For a book and blog that I write, I’m interested in learning more about the Cincinnati field office’s protocol with regard to potentially relevant records during reopened cold cases. 

Specifically, if a cold case has been reopened in a county within your jurisdiction, and the FBI has been made aware that the case has been reopened and is providing assistance, what is the Cincinnati field office’s protocol if it possesses one or more potentially relevant records? 

The outreach specialist responded that day and told me they’d forwarded my email to the appropriate person. That person—whom we’ll refer to as Mikki—responded on Monday morning. Mikki’s emails will be in blue to help you keep track.

Thank you for your message. 

For your background, if the FBI is assisting a local law enforcement agency on a case, relevant records can be shared with the investigators of that agency. If this does not fully answer your question, please provide me with additional details and I will try to provide a more specific answer.

Holy crap, right? Perhaps I’ve finally landed someone who’s willing to address my questions about how they handled Ron’s document.

Here’s me again:

Thank you so much for your quick response. I really do appreciate it. What I’m trying to understand is why the Cincinnati field office destroyed document #190-CI-0, Serial 967 in May 2008 (see attached) when the Butler County Sheriff’s Office had reopened a cold case investigation into the subject of that document, Ronald Tammen, in January 2008 and the investigation was ongoing. It’s my understanding that the records retention schedule for “0” files in field offices appears to allow flexibility for document retention for administrative needs, which I’d think would apply in this case. From what I can tell, it doesn’t appear as if the document was shared with Butler County before it was destroyed, unless you can determine otherwise.

Any information you can offer would be truly appreciated.

And back to Mikki:

Thank you for the added details. My previous response was very general in nature and not pertaining to any specific case or investigation.

Since you are interested in specific case information, it would be best to submit a FOIA request (which you may have already done) or contact the National Press Office (npo@fbi.gov) about any records management questions. 

Thank you.

Riiiiiiight. We tossed it, but you’ll need to talk to those helpful folks over at FBI headquarters about why we went ahead and tossed it.

Here’s me again:

OK, will do. Are you able to say whether you shared the document with Butler County? 

And back we go to Mikki: 

Haha, just kidding. It’s been 5 days. Mikki hasn’t responded and I’m quite certain that he won’t.

On second read, maybe I came on too strong with Mikki. He asked for details and I gave him some. I’m afraid that my details drove Mikki away. 

But you guys, if there was nothing to this mystery—if it was a big fat nothingburger, as they say—he could have said something like: “The document had already been destroyed by the time we learned about Butler County’s renewed efforts. We destroyed it on the basis of Part C, item #2, when the document was three years old.” You know…a credible explanation that could have sent me on my way.

Most telling was that he didn’t answer my question about whether they’d shared the document with Butler County, when, under normal protocol, that’s something they would have done.

There are a few things I can still do to try to learn more about the Cincinnati document on Ronald Tammen, and I will do them, though I won’t put the most promising ones into writing at this point. Will I be asking the FBI’s press office about the file? Oh, yeah, I suppose I’ll do that too, just as I told Mikki, but I can’t  imagine that they’ll say anything other than “The FBI has a right to decline requests.” (I’ve heard that one before.)

I also want to make good on a promise I made to you earlier in this post. Some of you may have been wondering to yourselves whether it was possible that Cincinnati had destroyed the Tammen document without ever knowing that Butler County had reopened its cold case on Tammen. I mean, pleading ignorance is a very understandable and forgivable excuse, and Cincinnati is a big city and Butler County is about 35 miles away. Also, you may recall that it was the FBI’s Atlanta office that had opened the “Police Cooperation” matter for the two sheriff’s offices. Is it possible that Cincinnati had no idea that Butler County had reopened its cold case?

Oh, they knew. They so knew. 

Here’s how I know they knew: In August 2010, just as I was getting started with my little book project, I interviewed Butler County Detective Frank Smith about his investigation. I’d submitted my FOIA request to the FBI for Ron Tammen’s documents several months earlier, and I was still waiting for their response. Frank had also obtained Ron’s FBI documents—the same ones that I would eventually receive. But Frank, being with law enforcement, would be able to go another route to get his documents—one that was much quicker. Frank had contacted someone with the FBI’s Cincinnati field office, likely by phone. He told them that he’d restarted the Tammen investigation and asked if they could send him whatever files they might have on Tammen. 

Can I pin down the precise date that it happened? I can. After Frank Smith retired from the sheriff’s office, I obtained his old file on Tammen. He’d created a log of actions and developments complete with dates and times. Frank Smith had obtained his FBI file on January 22, 2008, at 6:30 p.m. to be exact—just as his investigation was getting started and nearly five months before someone within the Cincinnati office decided to destroy its Classification 190 file on Tammen.

The FBI’s plagiarized narrative

A word-by-word comparison of the 2008 FBI narrative to the source from which it was copied

For my last post this weekend, I want to hammer home just how similar the narrative that I received from my 2014 lawsuit settlement is to a write-up on Tammen’s case on The Charley Project website. Because The Charley Project write-up has been edited over the years and now includes information obtained from this blog, let’s time travel back to the halcyon days of 2008, a simpler time when all of us were 13 years younger and perhaps a little more naive, including the folks at the FBI. Who knows, maybe they had no idea back then that the use of another person’s words without attribution is frowned upon.

Thanks to the website Wayback Machine, I’m including a screen shot of the verbiage from The Charley Project’s web page on Tammen from March 23, 2008—an arbitrary date in 2008 for which they had a page capture—as well as a link to that page. I’m also including the two pages of the narrative that the FBI emailed to me in 2014, claiming that I had unprecedented access to such information. The true author of the verbiage is Meaghan Good, who has told me that she first posted the Tammen write-up to The Charley Project website on March 1, 2005. What the FBI and Department of Justice (DOJ) seem to think I’ve had unprecedented access to has been available to literally every man, woman, and child since 2005. Can you see why I’m bitter?

Screen capture of The Charley Project’s write-up on Ron Tammen, dated March 23, 2008
Page 1 of FBI narrative on Tammen case, ostensibly typed in 2008, based on its case number
Page 2 of FBI narrative on Tammen case

To make things easier on you, I’ve copied the write-up from The Charley Project page, and have inserted in blue the places where the FBI narrative strays from the original. If a word is omitted or a sentence is moved, I indicate that as well. Here you go:

Tammen [*THE VICTIM] was last seen in old Fisher Hall, a former Victorian mental asylum converted to a dormitory at Miami University in Oxford, Ohio on April 19, 1953 [4/19/1953]. He was a resident hall advisor at Fisher Hall, and lived in room 225. At 8:00 p.m., he requested new bedsheets because someone had put a dead fish in his bed.

Sometime around 8:30 p.m., Tammen [*THE VICTIM] apparently heard something outside his room that disturbed him, and went out into the hallway to investigate. He never returned. His roommate came in at 10:00 p.m. and found him gone. The roommate originally assumed Tammen [*THE VICTIM] was spending the night at his Delta Tau Delta fraternity house, and did not report his disappearance until the next day.

There is no indication that Tammen left of his own accord. [*previous sentence moved to end of paragraph] His clothes, car keys, wallet, identification, watch, high school class ring and other personal items were left behind in his dormitory room, and he also left the lights on, the radio playing, and a psychology textbook lying open on his desk. His gold 1938 [*year missing] Chevrolet sedan was not taken from its place in the school parking lot, he left his bass fiddle in the back seat of the car, and he left behind $200 (the equivalent of over $1,300 in today’s money) in his bank account. Tammen is believed to have [*IT IS BELIEVED THE VICTIM] had no more than $10 to $15 on his person the night he disappeared, and [*ALSO, HE] was not wearing a coat. [*first sentence in paragraph moved here;]

However, authorities have not found any indication of foul play in Tammen’s [*HIS] disappearance either. They do not believe he could have been forcibly abducted, as he was large enough and strong enough to defend himself against most attackers. They theorize that he could have developed amnesia and wandered away, but if that was the case he should have been found relatively quickly.

A woman living outside of Oxford, twelve miles east of the Miami University campus, claims that a young man came to her door at 11:00 p.m. the evening Tammen [*THE VICTIM] disappeared and asked what town he was in. Then he asked directions to the bus stop, which she gave him, and he left. However, the bus line had suspended its midnight run, so he could not have gotten on a bus. The witness says the man she spoke to was disheveled and dirty and appeared upset and confused. He was not wearing a coat or hat, although it was a cold night and there was snow on the ground. He was apparently on foot, since the woman did not see or hear a car. The man matched the physical description of Tammen [*THE VICTIM] and was wearing similar clothes, but it has not been confirmed that they were the same person, and Tammen’s [*THE VICTIM’s] brother stated he did not believe the man the witness saw was Tammen [*HIS BROTHER].

Five months to the day before Tammen [*The VICTIM] vanished, he went to the Butler County Coroner’s office in Hamilton, Ohio and asked for a test to have his blood typed. The coroner claims that this was the only such request he ever got in 35 years of practice. It is unknown why Tammen [*THE VICTIM] wanted the test done and why he did not have it conducted in Oxford, where local physicians or the university hospital could have typed his blood for him. Tammen [THE VICTIM] was scheduled for a physical examination by the Selective Service for induction into the army, but inductees did not need to know their blood type in advance of the physical.

Tammen’s [*THE VICTIM’S] parents, who lived in the 21000 block of Hillgrove Avenue in Maple Heights, Ohio in 1953, last saw him a week before he disappeared and say he did not appear to be troubled by anything at the time. He was on the varsity wrestling team in college, played in the school dance band, and was a business major and a good student. He dated at the time that he vanished but did not have a steady girlfriend.

In the decades after Tammen’s [*THE VICTIM’S] disappearance, students at Miami University claimed his ghost haunted Fisher Hall. His parents are now deceased. Fisher Hall was torn down in 1978 and an extensive search was conducted in the rubble for Tammen’s [THE VICTIM’S] remains, but no evidence was located. His case remains unsolved. [*THE VICTIM’S OH DL IS C-779075.]

In running my little comparison, I noticed a few things:

  • The Charley Project write-up is well-written, so I can understand why someone from the FBI thought it provided a good summary of the case in few words. Nevertheless, there are several inaccuracies and areas of conjecture that have accrued by way of other media outlets over time. The FBI, who should have access to the most accurate source information on the case, allowed those inaccuracies to remain in their narrative for law enforcement.
  • Only one detail was omitted from the FBI narrative: the year 1938 in the description of Tammen’s car (actually, his car was a green 1939 Chevy).
  • The only information that the FBI added to its narrative is Ron’s driver’s license number.
  • As we’ve discussed in an earlier post, even though the FBI obviously had new intel from 2002 that led to the expungement of Tammen’s fingerprints, that information didn’t make it into this narrative for law enforcement, which, ostensibly, was written in 2008. Perhaps it and other details were somehow mentioned in the full report, but alas, only law enforcement can access that. Judging by their unwillingness to disclose that information to former Butler Co. cold case detective Frank Smith when he inquired about Tammen’s fingerprints in 2008, I doubt it.

As long as we’re talking about 2008…why did the FBI destroy a file on Tammen in the middle of a reopened investigation?

Hello! Tired of hearing from me so much? My apologies. Sometimes I get gabby. There’s another document I’ve been wanting to mention, but it falls slightly outside of last night’s theme—slightly—though the year 2008 is pertinent. This document was written in 2014 as part of my lawsuit settlement. The intended audience wasn’t law enforcement, just my lawyer and me.

The document is part of a declaration written by the chief of the FBI’s Record/Information Dissemination Section (RIDS) informing us of all the different places they searched for records on Tammen. The 2002 expungement of Tammen’s fingerprints isn’t mentioned anywhere, but I’m not sure that information is available in document form, which is a criterion of the Freedom of Information Act (FOIA). It has to be a document. (Of course, even if there were a document on the expungement, I’m doubtful that they would have let me know about it if they weren’t willing to tell their friends in law enforcement.)

In the declaration, the RIDS chief created a table that listed search terms, the automated or manual indices searched, and the potentially responsive files. It also included the status of their search, such as “unable to locate” or “located, processed and released X pages” or “destroyed on X date.” One file that leaps out at me is numbered 190-CI-0, Serial 967, which I’ve circled in red.

On or about May 17, 2008—a Saturday—the FBI decided to destroy documents that had originated in the Cincinnati (CI) field office. Because the file number is preceded by the number 190, I believe it had something to do with the Freedom of Information/Privacy Acts. The book Unlocking the Files of the FBI, by Gerald K. Haines and David A. Langbart tells me that. The book goes on to say that “The Bureau established this classification in 1976 to handle citizen requests for information under the Freedom of Information Act (FOIA) of 1966 as amended and the Privacy Act (PA) of 1974, which together provided for the expungements of records upon the request of an individual.”

Hmm. Those words have a familiar ring, don’t they?

With the case being reopened by Butler County, OH, and Walker County, GA, in 2008, and with the FBI opening a new file on Tammen that same year (not to mention the special file with the plagiarized narrative), doesn’t it seem a little curious that the Cincinnati office—just one county over from Butler County—would destroy a file on Tammen in mid-May of 2008? 

Let’s take a closer look at the timeline, shall we?

January 14, 2008 – The Atlanta office of the FBI is contacted by the Walker County (GA) sheriff’s office to request the “opening of a police cooperation matter.” The Atlanta office was told of Walker Co.’s interest in reopening a cold case having to do with a dead man who was found in a ditch near Lafayette in the summer of 1953. The Walker Co. sheriff’s office wanted to find out if the dead man might be Ron Tammen. According to the resulting FBI report, dated January 29, 2008, Walker Co. was “requesting Federal Bureau of Investigation (FBI) assistance with positive identification and investigation.” The report ends with “In view of the above, it is requested that a Police Cooperation matter be opened and assigned to SA [redacted].”

February 8, 2008 – The remains of the unidentified man are exhumed from Lafayette City Cemetery, in Lafayette, GA, to obtain his DNA. That DNA would be compared with the DNA of Ron Tammen’s sister Marcia to see if it might have been Ron. Representatives of the Butler Co. (OH) and Walker Co. sheriff’s offices, the Georgia Bureau of Investigation, the media, and other onlookers are present.

February 26, 2008 – Frank Smith, Butler County cold case detective, writes to the FBI’s Criminal Justice Information Services (CJIS) requesting a hand search for Ron’s fingerprint card.

February 28, 2008 – CJIS writes back, saying (and I’m paraphrasing): sorry, we’ve looked everywhere for Tammen’s fingerprints. They’re not here. The author neglects to mention that they’d expunged Tammen’s prints in 2002 in response to a court order or Privacy Act conflict.

March 14, 2008 – The dead man’s remains are received by the FBI Laboratory, DNA Analysis Unit.

May 17, 2008 – File number 190-CI-0, Serial 967 is destroyed in the FBI’s Cincinnati office.

June 2, 2008 – The FBI notifies the two sheriff’s departments that the DNA was not a match.

June 3, 2009 (one year later) – The Atlanta office of the FBI closes the case into the Police Cooperation matter.

So, to put this as simply as I can: a few months after the dead man’s remains had been exhumed, and while the two sheriff’s offices were eagerly awaiting the DNA results and wondering if they’d actually managed to solve both cold cases at once, an FBI file having something to do with Ronald Tammen was destroyed. On a Saturday. Just a short drive from the Butler Co. sheriff’s office, or, come to think of it, Oxford, Ohio. 

Also, the file in question just so happens to concern a possible FOIA or Privacy Act request from an individual. Yeah, I’m sure it’s just a coincidence. Nothing to see here.

Have a good weekend, everyone! I’m happy to entertain questions and comments.