-Caveat Lector-
Chattanooga Times / Chattanooga Free Press
January 21, 2001, Sunday
Foster photos ordered released
By: Reed Irvine
A federal judge has ordered the Office of the Independent Counsel
to release five crime scene photographs of the late White House
Deputy Counsel Vincent W. Foster Jr. Nearly four years ago,
attorney Allan J. Favish filed a suit under the Freedom of
Information Act to obtain these and other photos taken by U.S.
Park Police officers when they found Foster's body in Fort Marcy
Park on July 20, 1993. Favish presented evidence to show that the
official findings that Foster killed himself where his body was
found were wrong. He argued that the photos should be made
available to the experts who question the official story.
Those ordered released show (1) Foster's body as seen from the
top of the berm on which it was lying; (2) the right side of his
shoulder and arm; (3) the gun with Foster's thumb inside the
trigger guard; (4) another one of the right side of his shoulder
and arm; (5) one focusing on the top of his head through heavy
foliage.
The judge ruled that five of the photos were so "graphic and
extremely upsetting" that their release would violate the privacy
of Foster's family. These showed (1) Foster's face, which would
show signs of a small amount of blood having trickled from his
right nostril and the right corner of his mouth; (2) Foster's
head and upper torso; (3) a direct view of his face; (4) the
right side of his face and shoulder, and (5) his body taken from
below his feet.
Favish, who filed his suit in March 1997, will appeal to get all
the photos released. The one showing the right side of Foster's
face and shoulder has been reported by those who have seen it to
show evidence of trauma on Foster's neck just below the jaw line.
This is where paramedic Richard Arthur, who examined the body at
Fort Marcy Park, said he saw a small-caliber bullet wound.
Miquel Rodriguez, the prosecutor who began the grand jury
investigation initiated by Ken Starr, had this photo enhanced. He
is said to believe that the dark spot is evidence of a bullet
wound. The location is one that is favored by some professional
hit men to fire a small-caliber bullet into their victim's brain,
killing with a minimum of mess. Brian Blackbourne, a pathologist
hired by Starr, dismissed the dark spot as dried blood.
Apparently he saw it in an autopsy photo, because he explained
that dried blood sometimes remains after the body is washed. The
Park Police photo was apparently not shown to him or to the
pathologists hired by Starr's predecessor, Robert Fiske Jr. It
should be made available for them and other experts to examine.
The judge's claim that all the photos showing Foster's face are
graphic is disputed by Pete Simonello, the Park Police officer
who took many photos of Foster at the park. Simonello says there
is nothing graphic about them. There was very little visible
blood and no sign of an exit wound in the back of the head. An
officer palpitated the back of the skull. Finding only a soft
spot, he concluded that the bullet had fractured the skull but
had not exited.
The medical examiner who performed the autopsy told the police
that the X-rays had shown that no bullet fragments remained
inside the skull. On his report he checked the box for X-rays
made. He later denied that he had taken any, claiming that the
machine was not working. That was false. It was a new machine,
and the first service call, for a minor adjustment, was made
three months later. The examiner also said the entrance wound was
in the back of the throat, 7-1'2 inches below the top of the
head. He claimed he found an exit wound the size of a half dollar
in the back of the skull three inches below the crown. It's too
bad there are no X-rays to show how that could happen.
At least one of the photos that the judge ordered released, the
photo of the gun in Foster's hand, provides ammunition to critics
of the official story. It proves that the reason given for the
gun remaining in Foster's hand is false.
The official story is that the gun was stuck on Foster's thumb,
above the joint, jammed between the trigger and the trigger
guard. The photo shows the guard encircling the tip of the thumb,
not above the joint. It was not jammed. We know this because that
photo was leaked to the media in 1994. That is a good reason to
demand the release of the rest.
Reed Irvine is head of Accuracy in Media, a media watchdog group.
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