Monday, April 17, 2000
Negatives from film shot at Waco
are missing, U.S. says
By William H. Freivogel and
Terry Ganey
Of the Post-Dispatch
The Justice Department admitted Monday that
it could not find the original negatives of an
important roll of film taken on the last day of
the siege of the Branch Davidians' complex. But
it said it had not tampered with those photos or
with infrared and electronic surveillance tapes of
the 1993 episode that left about 80 Branch
Davidians dead.
The government acknowledged in a court filing
Monday that it is missing 30 original negatives
from the first of at least seven rolls of film shot
by an FBI photographer who circled 1,000 feet
above the complex in a Cessna surveillance
aircraft.
The government, however, does have prints of
the missing negatives and the original contact
sheet of the negatives.
This roll of film is important because it appears
to show that there are no government agents
standing where flashes show up on infrared
surveillance tape of the incident. The absence of
agents undercuts the Branch Davidians' claim
that the flashes are from the guns of agents
firing into the complex.
One strip of original negatives from that first
roll of film has been turned over to the federal
court that is hearing the Branch Davidians'
wrongful death suit against the government.
That strip contains a key photograph that
appears to have been taken at 11:24 a.m.,
within seconds of flashes on the video. That
photograph shows no agents in the vicinity of
the flashes.
But the other negatives from that roll of film
have been missing since at least 1997 and have
not been found despite an extensive search by
the FBI, the Justice Department said. Agents
searched for the negatives at least five times.
The department said that the strip of original
negatives with the photo from 11:24 a.m. was
separated from the missing original negatives
when Congress requested it as part of its 1995
investigation of Waco.
A document analyst with the Special Photo Unit
of the FBI, identified only as "ALS," found that
the negatives were missing around April 1997.
The FBI then made a duplicate set of the
negatives from photographs and marked them
with the notation "originals lost."
The Davidians' attorney, Michael Caddell, had
claimed that one of the photos from the
replacement negatives had a white scratch that
appeared to obliterate a speck that might be a
person. But the Justice Department said that
the contact sheet, made from the original
negative, had no person or speck.
The Justice Department also disputed Caddell's
claim that several rolls of the film were missing.
The photographer taking the film that said he
took about 10 rolls, give or take one or two. The
FBI produced seven rolls. In Monday's court
filing, the department produced logs and records
that appear to show that only seven rolls were
shot and developed.
The government argued in its court filing that it
should not be fined for any discrepancies
involving the photos or tapes.
####
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