Jim Lindgren's "report"concerning John Lott's survey of defensive gun usage got wide publicity on several blogs.  But the concerns I raise haven't yet been exposed.  They should be, IMHO.
 
        Jim Lindgren concludes that David Gross took a 1996 survey by a professional polling organization done as part of a study by Hemenway and Azrael at Harvard rather than a 1997 survey taken by students as part of a study John Lott of Chicago was conducting. 
 
        Mr. Gross disagrees.
 
         What follows is a compliation I've put together of a number of David Gross' e-mails to me discussing this situation.
 
          11/11/03
I don't know where James Lindgren gets off stating things as he does, for he is wrong about my improving memory. I expressly closed the issue out quickly.  Please, see my email of January 20, 2003 at 4:25 P.M. I spent a total of less than 24 hours involved in the discussion, start to finish. I don't believe that I said that the survey concerned the laws; I said that I was familiar with the
carry laws. I think James Lindgren has that incorrectly in any notes he took.  That's his confusion; not mine.
 
I sent my first message concerning my awareness of the issue at 4:26 P.M. on January 19, 2003. I talked with Mr. Lindgren once that evening, [shortly before] 10:46 P.M when I sent a message referring to his call.  Lindgren was impressed that I remembered the timing of the talk at the Minneapolis Athletic Club (some four years earlier) to within a couple of weeks, and that, when I said "a couple of years before" to John Lott, I meant "a couple of years"
and not 1 3/4 years or 2 1/4 years. THAT, alone, excludes the 1996 Harvard study, because it WAS early 1997 when I answered the short survey, NOT 1996.
 
          01/20/03
 I believe that in my emails to you and in my conversation with James Lindgren, I have stimulated just about all of my memories and impressions that I'm going to have concerning the survey that I took, without having any substitutions and additions by any possible suggestion, express or implied. I do not wish to be
seen as a partisan in this matter, for I am not. I also am unwilling to speculate. My recollections and impressions of the survey that I took are now closed to prevent any accusations that I am having "convenient" recollections. I simply refuse to get in the middle of this any more than I already have. I am a witness who has come forward; I don't have a dog in this fight.   *  *  *   
The bottom line is that listening to the audiotape [of Lott's 1999 speech], today, has confirmed the recollections that I had of the survey and the timing.  *  *  *
It goes beyond any statistical possibility that I was surveyed by anyone else, given the timing, the subject matter, its brevity, it's precise focus, etc.. The clincher, for me, was my recollection, last night, in my e-mail, that there was a question concerning warning shots as a distinct category of discharge as opposed to a shot directed/fired AT the criminal. From that e-mail, before I listened to the tape of his talk, today:  "I don't recall whether the survey was limited to permits to carry and usage, or whether the subject matter was the broader "defensive use" to include use on
private property. I think it was the broader question, because I know that I mentioned those two significant incidents in my life as defensive use. I seem to recall, at this point, some question about a "warning shot," concerning discharge of a firearm, but I'm not sure."   I had not listened to the tape, when I wrote that note, because I hadn't even begun to look for it yet. I had just concluded my conversation with James Lindgren and was responding to an earlier email reporting that I had been contacted by James Lindgren, already; and amplifying my comments on what I remembered; as well as obligating myself to try to find
the audiotape, something I had recalled since I was first contacted, and which I had mentioned during my conversation with James Lindgren.
Yet, as clear as day, in the tape of the talk, as I listened this morning, was the distinction between warning shots as a discharge (a distinct category, or part of "brandishing") and shots directed/fired AT the criminal. Bingo! That was the sound of a synapse firing, ladies and gentlemen. :-)
 The 98% figure is not only set out in his talk, but further, briefly
explored/defined. He does not, anywhere that I could find in the tape, say that he was the one who had developed the figure and its nuances. But it was clear to me, then, whoever did conduct the survey, that I had been a respondent in that survey; and I mentioned it to John Lott in passing [after his speech].
Now, I'm sure that it was John's survey. I'll bet the house on it. I have no reasonable doubts based on logic, evidence, and common sense.
 
        10/04/03
I am certainly willing to write a letter that says,
"Dear Jim, if you had only suggested the possibility of Harvard/Cambridge, I could have easily dispelled your confusion, because . . .. ."
1)     Wrong year by a whole year!
2)    Wrong source: I very clearly recalled the "Chicago" connection, and as both my older brothers (one of whom used to live in Highland Park at 461 Lakeside Place and worked in the loop [and I currently have a friend who lives at 471 Lakeside Place; and, by the way, my brother's in-laws lived at 827
Bob-O-Link Road in Highland Park] WENT TO HARVARD (Cambridge, MA), I would have recalled any such connection, there, as significant, in that context and with that association. THAT didn't happen. Interestingly, this comparison (Cambridge
vs. Chicago) has never surfaced before or been brought to my attention in any way, shape, or form. I could have easily and quickly dispelled any confusion in that regard, if only because of my demonstrated ability to remember associative detail as a mnemonic aide. If Lindgren had asked me about this, I would have given him an answer that clarified HIS confusion, based on the above. I have no confusion; not possible; no way; no how. The Chicago connection is something that I CLEARLY and IMMEDIATELY and INITIALLY recalled and discussed; and the
lack of any Cambridge/Harvard connection is equally as firm and solid: negative.  There was no doubt about that at any time. There is no doubt, now. This is nuts.
    A.    And who said that a relatively locquatious (under the circumstances) respondent (me) would be cut off by the interviewer, because the last DGU was just over 24 months earlier, instead of listening, politely, and coding the
information properly on the facts of the response.
3)     There were no 30 questions asked; no way. It was fewer than a dozen or so. Not many at all. SHORT; VERY SHORT. I was very clear on that, always.
4)     Warning shots issue. As developed as the "clincher" (in my mind) in earlier communications.
End of discussion. I kept myself completely "pure" in my communications with you and in my discussions with Lindgren, I was uncoached in any fashion; unled by anyone; and undeterred by any criticism of my motives, because I had none, except the pursuit of the truth of the matter. Perhaps I was too honest,
forthright, and forthcoming.
Again, there's no doubt in my mind, based on my reconstruction of the source, timing, and number and content of the questions, that it was John Lott's survey. I'm only sorry that I was forced to "work backwards" to the conclusion from significant intervening, associative markers so many years later. It's how I remember things and put them into context. Even Lindgren remarked on the
accuracy and detail of my memory and its associations. The truth is like that.
I'm sure that the survey to which I responded was NOT the long, 1996, Harvard survey; and any inference from the circumstances that Lindgren draws in that regard utterly fails to exclude clearly the very short 1997 study from Chicago that had a warning shots question.  The circumstances of my recollection lead directly to Chicago and away from Cambridge (proper use of circumstantial
evidence: he can not support even probable cause for inquiry (a search warrant) on what he has done.
 
**********************************************
Professor Joseph Olson     Hamline University School of Law
tel.   (651) 523-2142          St. Paul, Minnesota  55104-1284
fax.  (651) 523-2236          <[EMAIL PROTECTED]>
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