Editing Jack Ruby (section)

==Prosecution==
{{See also|Rubenstein v. State}}
[[File:Jack Ruby-1 (cropped).jpg|thumb|Ruby after his arrest]]
After his arrest, Ruby said that he had been distraught over President Kennedy's death, had wanted to help the city of Dallas "redeem" itself in the eyes of the public, and that he was "saving [[Jacqueline Kennedy Onassis|Mrs. Kennedy]] the discomfiture of coming back to trial. He also claimed that he shot Oswald on the spur of the moment when the opportunity presented itself, without considering any reason for doing so.<ref name= "Testimony JR v5" /> Ruby said that he was an admirer of [[John F. Kennedy|President Kennedy]] and the Kennedy family, that he cried when he heard that the President was shot, "in mourning" after, "cried a great deal" Saturday afternoon, and was depressed that night.{{cn|date=September 2024}} The grief over the assassination, Ruby stated, finally "reached the point of insanity," suddenly compelling him to shoot when Oswald walked in front of him in the basement that Sunday morning.<ref name="auto1" /> 

At the time of the shooting, Ruby said that he was taking [[phenmetrazine]] (Preludin), a [[central nervous system stimulant]]. Ruby also said that he entered the police basement by coming down the Main Street ramp. Later, Ruby expressed remorse to his brother Earl, saying he never wanted Oswald to die.<ref>{{cite news |author=<!-- not stated --> |date=17 November 2013 |title=Jack Ruby: The assassin's assassin |url=https://www.cbsnews.com/news/jack-ruby-the-assassins-assassin/ |access-date=7 March 2025 |work=CBS News |location=New York}}</ref> Ruby asked Dallas attorney Tom Howard to represent him. Howard accepted and asked Ruby if he could think of anything that might damage his defense. Ruby responded that there would be a problem if a man by the name of "Davis" should come up. Ruby told his attorney that he "had been involved with Davis, who was a gunrunner entangled in anti-Castro efforts."<ref name = Who>{{cite book| last= Kantor| first= Seth| title= Who Was Jack Ruby?| place= New York| publisher= Everest House Publishers| year= 1978| isbn= 0-89696-004-8| url-access= registration| url= https://archive.org/details/whowasjackruby00kant}}</ref><ref>{{cite journal| url= http://www.aarclibrary.org/publib/jfk/hsca/reportvols/vol9/html/HSCA_Vol9_0096a.htm| title= Possible Associations Between Jack Ruby and Organized Crime| publisher= House Select Committee on Assassinations| journal= Appendix to Hearings| volume= 9| number= 5| page= 183| via= aarclibrary.org| access-date= August 24, 2011| archive-date= November 5, 2018| archive-url= https://web.archive.org/web/20181105233046/http://www.aarclibrary.org/publib/jfk/hsca/reportvols/vol9/html/HSCA_Vol9_0096a.htm| url-status= live}}</ref>

Ruby's brother Earl replaced Howard with prominent [[San Francisco]] defense attorney [[Melvin Belli]], who agreed to represent him ''[[pro bono]]''. Lawyer [[Joe H. Tonahill]] also signed on to assist with Ruby's defense. At his bond hearing in January 1964, while talking to reporters, Ruby tearfully said, regarding the assassination of Kennedy, that he could not understand "how a great man like that could be lost."<ref>{{Cite news|url=https://www.nytimes.com/1964/01/22/archives/ruby-disclaims-knowing-oswald-tells-of-trip-to-cubadrops-request.html|title=Ruby Disclaims Knowing Oswald; Tells of Trip to Cuba—Drops Request for Bond|work=The New York Times|date=January 22, 1964|via=NYTimes.com|access-date=November 15, 2023|archive-date=April 30, 2023|archive-url=https://web.archive.org/web/20230430195141/https://www.nytimes.com/1964/01/22/archives/ruby-disclaims-knowing-oswald-tells-of-trip-to-cubadrops-request.html|url-status=live}}</ref> 

Ruby testified that he thought he said, "You killed my President, you rat!" as he shot Oswald. Officer McMillon testified he heard Ruby say, "You rat son of a bitch, you shot the president". This was disputed by footage showing McMillon looking in the opposite direction from the shooting.<ref>{{Cite news|url=https://www.nytimes.com/1964/03/14/archives/ruby-jury-gets-case-after-a-long-delay.html|title=Ruby Jury Gets Case After a Long Delay|work=The New York Times|date=March 14, 1964|via=NYTimes.com|access-date=November 15, 2023|archive-date=November 15, 2023|archive-url=https://web.archive.org/web/20231115225303/https://www.nytimes.com/1964/03/14/archives/ruby-jury-gets-case-after-a-long-delay.html|url-status=live}}</ref> Dallas police sergeant Patrick Dean testified that when Ruby was arrested, Ruby said he thought about killing Oswald two nights earlier, to show the world that "Jews have guts."<ref>{{Cite news|url=https://www.nytimes.com/1964/03/07/archives/jury-hears-ruby-pondered-killing-he-thought-of-it-two-days-earlier.html|title=Jury Hears Ruby Pondered Killing; He Thought of It Two Days Earlier, Sergeant Testifies|work=The New York Times|date=March 7, 1964|via=NYTimes.com|access-date=November 15, 2023|archive-date=November 15, 2023|archive-url=https://web.archive.org/web/20231115225304/https://www.nytimes.com/1964/03/07/archives/jury-hears-ruby-pondered-killing-he-thought-of-it-two-days-earlier.html|url-status=live}}</ref> Detective Don Archer said Ruby had told him he intended to shoot Oswald three times, and McMillon corroborated this.<ref>{{Cite news|url=https://www.nytimes.com/1964/03/06/archives/police-say-ruby-planned-3-shots-2-detectives-testify-to-his-words.html|title=Police say Ruby planned 3 shots; 2 Detectives testifty to his words after slaying|work=The New York Times|date=March 6, 1964|via=NYTimes.com|access-date=November 20, 2023|archive-date=November 20, 2023|archive-url=https://web.archive.org/web/20231120212009/https://www.nytimes.com/1964/03/06/archives/police-say-ruby-planned-3-shots-2-detectives-testify-to-his-words.html|url-status=live}}</ref> 

On March 14, 1964, Ruby was convicted of murder with malice and was sentenced to death. Ruby's conviction was overturned by the [[Texas Court of Criminal Appeals]] on the grounds that "an oral confession of premeditation made while in police custody" should have been ruled inadmissible, because it violated a Texas criminal statute.<ref name= "auto">''Rubenstein v. State'', 407 S.W.2d 793, 795 (Tex. Crim. App. 1966).</ref> The court also ruled that the venue should have been changed to a Texas county other than the one in which the high-profile crime had been committed.<ref name="auto"/>

During the six months following the Kennedy assassination, Ruby repeatedly asked to speak to the members of the Warren Commission. The Commission initially showed no interest, but Ruby's sister Eileen wrote letters to the Commission and her letters became public. The Commission finally agreed to talk to Ruby. In June 1964, Chief Justice [[Earl Warren]], Representative (and future President) [[Gerald R. Ford]] of [[Michigan]], and other Commission members went to Dallas to see Ruby.<ref>[https://www.aarclibrary.org/publib/jfk/wc/wcvols/wh5/html/WC_Vol5_0096a.htm Warren Commission Hearings], Testimony of Jack Ruby, vol. 5, p. 181.</ref>

Ruby asked Warren several times to take him to [[Washington D.C.]], saying that "my life is in danger here" and that he wanted an opportunity to make additional statements. He added that the people from whom he felt himself to be in danger were the [[John Birch Society]] of Dallas, including Edwin Walker, who he claimed were trying to falsely implicate him as being involved in a conspiracy to assassinate the President.<ref name="Testimony JR v5">{{cite journal| via= aarclibrary.org| url= http://www.aarclibrary.org/publib/jfk/wc/wcvols/wh5/html/WC_Vol5_0102b.htm| title= Testimony of Jack Ruby| journal= Warren Commission Hearings| volume= 5| access-date= August 19, 2011| archive-date= July 20, 2020| archive-url= https://web.archive.org/web/20200720024448/http://www.aarclibrary.org/publib/jfk/wc/wcvols/wh5/html/WC_Vol5_0102b.htm| url-status= live}}</ref> He added: "I want to tell the truth, and I can't tell it here."<ref name="Testimony JR v5" /> Warren told Ruby that he would be unable to comply with his request because many legal barriers would need to be overcome, and public interest in the situation would be too heavy. Warren also told Ruby that the Commission would have no way of protecting him since it had no police powers. Ruby said that he wanted to convince President [[Lyndon Johnson]] that he was not part of any conspiracy to kill Kennedy.

Eventually, the appellate court agreed with Ruby's lawyers that he should be granted a new trial. On October 5, 1966, the court ruled that his motion for a change of venue before the original trial court should have been granted. Ruby's conviction and death sentence were overturned. 

Arrangements were underway for a new trial to be held in February 1967<ref>{{cite news|author-link=Martin Waldron|first=Martin|last=Waldron|title=Ruby Seriously Ill In Dallas Hospital|newspaper=[[The New York Times]]|date=December 10, 1966|page=1|url=https://www.nytimes.com/1966/12/10/archives/ruby-seriously-ill-in-dallas-hospital-jack-ruby-is-ill-with.html|access-date=August 4, 2022|archive-date=August 4, 2022|archive-url=https://web.archive.org/web/20220804193808/https://www.nytimes.com/1966/12/10/archives/ruby-seriously-ill-in-dallas-hospital-jack-ruby-is-ill-with.html|url-status=live}}</ref> in [[Wichita Falls, Texas]], but Ruby was admitted to [[Parkland Hospital]] on December 9, 1966, suffering from pneumonia, where he was diagnosed with cancer in his liver, lungs, and brain.{{cn|date=September 2024}} His condition rapidly deteriorated. An armed guard was placed outside his room, but family and friends were allowed to visit. On December 16, Earl Ruby, accompanied by one of his brother's lawyers, smuggled a tape recorder hidden in a briefcase into Jack's room to record an interview about his murder of Oswald. Ruby maintained that he entered the basement by coming down the ramp, had killed Oswald out of grief over the assassination, and denied knowing Oswald prior.<ref>[https://www.youtube.com/watch?v=3mOyyPKMMHY Interview with Jack Ruby (December 16, 1966)] {{Webarchive|url=https://web.archive.org/web/20231115225303/https://www.youtube.com/watch?v=3mOyyPKMMHY |date=November 15, 2023 }}, Youtube.com</ref> According to an unnamed [[Associated Press]] source, Ruby made a final statement from his hospital bed on December 19 that he had acted alone.<ref>{{cite news|agency=Associated Press|title=Ruby Asks World to Take His Word|newspaper=[[The New York Times]]|date=December 20, 1966|page=36}}</ref> "There is nothing to hide," Ruby said, "there was no one else."<ref>{{Cite magazine|url=http://www.time.com/time/magazine/article/0,9171,901898,00.html|title=A Last Wish|magazine=[[Time (magazine)|Time]]|date=December 30, 1966|url-status=dead|archive-url=https://web.archive.org/web/20080120151445/http://www.time.com/time/magazine/article/0,9171,901898,00.html|archive-date=January 20, 2008}}</ref>