Failure of the Public Trust Summary VI

VI. EVIDENCE THAT THE OIC COVERED UP THE ABSENCE OF THE OFFICIAL MOUTH ENTRANCE WOUND & HEAD EXIT WOUND, AND THE EXISTENCE OF A NECK WOUND

Summary: Officially, there was an entrance wound in the soft palate and an exit wound about the size of a half-dollar about three inches below the top of the back of the head.

Witness accounts of a bullet wound in Mr. Foster's neck and the absence of the official mouth entrance wound and skull exit wounds: The Medical Examiner reported a gunshot wound to the neck, Paramedic Arthur was certain he saw a small caliber entrance wound on the neck, and there is no record of any of 26 persons who viewed Mr. Foster's body before the autopsy having seen either official entrance or exit wounds.

The autopsy: Three officials claimed that, on their own initiative and without prior discussion, each was responsible for rescheduling the autopsy from Thursday to Wednesday, July 21. Because the autopsy was moved up to 15 hours after the body's discovery, the two investigating Police Officers did not attend, in violation of SOP (standard operating procedure), having worked all night. Dr. Beyer began the autopsy before the Police arrived (in violation of SOP), during which time he removed the soft palate and tongue, the only evidence of both the actual and official entrance wounds. Dr. Beyer refused to tell the attending Police the identity of the man who assisted him in the autopsy. He did not know the caliber of weapon, so he left that portion blank on his Report of Autopsy. He and he alone reported that gunpowder was on the soft palate. But Dr. Beyer's own laboratory could find no traces of gunpowder on the tissue from the soft palate. The day of the autopsy, the FBI was apprised that its "preliminary results" showed "no exit wound." The attending Police reported that Dr. Beyer told them results of the x-rays. Dr. Beyer later claimed there were no x-rays. There was no official estimate of time of death. The evidence of the bullet trajectory is conflicting.

Bloodstains consistent with the neck wound: The OIC conceals that the bloodstains are consistent with the neck wound, but not with the official mouth wound. Blood present on Mr. Foster's neck, in his mouth, collar, right-side and back-side of his shirt is consistent with its having drained from the neck wound.[1]

Official excuse for blood on Mr. Foster's right side is that it drained from his mouth when an "early observer" moved the head to check for a pulse, then repositioned it -- but Edwards did it to obscure or camouflage the existence of the neck wound: The OIC posits that (because no neck wound existed) the blood on Mr. Foster's right side had drained from his mouth when an "early observer" moved the head to check for a pulse, then repositioned it. The OIC conceals that no one admitted to having moved the head or seeing it being moved, and that no one tried resuscitation because Mr. Foster clearly appeared to have been dead for some time.[2]

The OIC conceals that the blood on the right shoulder and shirt could not have been caused by an "early observer" because all early observers saw these stains as they arrived.[3] The OIC conceals that the blood was dry until after Edwards had been alone at the site.[4] Edwards moved the head to cause blood to drain from the mouth to the neck to obscure and camouflage the existence of the neck wound. The OIC conceals that the only witnesses who saw the blood transfer contact stain arrived at the site after Sergeant Edwards had been alone with the body.[5]

Blood quantity insufficient: The OIC conceals that the blood quantity observed was consistent with death caused by a small-caliber low-velocity bullet, and inconsistent with a point-blank shot to the mouth with .38 caliber high-velocity ammunition.[6]

The OIC's claim of "blood-like stains" on the vegetation is contradicted by the accounts witnesses at the body site.[7]

[1] Officer Fornshill claimed he could not recall the appearance of the blood at the scene. Paramedic Gonzalez saw blood on the right side. Firefighter Hall saw blood on right collar. Paramedic Arthur saw the neck wound and blood coming from it. Pisani saw blood on the right shoulder. Wacha saw it in mouth and on the shirt. Ferstl saw blood around the mouth. Edwards' observations are unknown. Hodakievic saw blood under the head on the ground. Gavin saw blood out the mouth. Officers Rolla and Braun saw blood on right shoulder. Simonello saw blood close to the jawline and right shoulder. Abt saw it on shirt and right collar. There is no record of what Watson and the "intern" may have seen. Dr. Haut reported that blood on the back of the head was "matted," trauma to the neck, and that wound looked like it was caused by a "low velocity weapon." Ashford coded the death homicide and he did "not recall getting blood on his uniform."

[2] Dale testified that there was "no doubt he was dead." Fornshill denied having moved the head and related that neither Gonzalez nor Hall had moved the head. Gonzalez said that no one checked for a pulse because Mr. Foster was clearly deceased and had been for "2-4 hours." Hall saw no one touch the body and he "backed off" because he was not a "medic." Arthur "did not check for a pulse" because Mr. Foster "was obviously dead." Iacone said that "medics confirmed there would be no efforts to resuscitate."

[3] Dale saw a "stain on his right shoulder." Gonzalez testified that he saw the bloodstain "on the right shoulder... [in the] clavicle area." Hall said it was soaked into the collar. Arthur saw it on the right shoulder of the shirt. Pisani saw blood on Mr. Foster's right shoulder. Wacha saw blood on the shirt. Pisani saw "blood on Mr. Foster's right shoulder."

[4] Fornshill testified that the blood was "dried... dark in color... [and] flaking." Gonzalez testified that the blood he saw was "dry." Hall saw blood on the collar but not on face or shirt, and said that the photos showed blood that he did not see. Arthur testified the blood was not running. Pisani saw no blood on the face and said that the photographs showed more blood than he saw. Ferstl saw a small amount of blood around the mouth, which was "not fresh." Edwards, interviewed only in 1995, ordered Fornshill to leave the park, took Ferstl's photos and ordered him back to the parking lot, leaving Edwards alone at the site -- after which time the blood was wet. Hodakievic (perhaps at the site before and after Edwards) did "not recall" seeing any blood. Gavin saw blood "trickling out of the mouth and running down the right side of the face." Rolla saw wet blood coming out of the nostril and mouth and down the face and also wet on the shirt and shoulder and ground. Abt saw both "dried and liquid" blood on the face. Simonello saw "blood running from the nose" and on the cheek near the jawline. Braun saw it in the nose and mouth area of the chin near the right shoulder and running down the right side of the face.

[5] Rolla saw a transfer stain on the face. Abt saw a blood transfer stain on lower right cheek. Evidence Technician Simonello testified that he saw the transfer bloodstain "around the shirt collar, shoulder area."

[6] Dale said there was no blood around the head. Fornshill saw a "slight trail of blood" from the mouth and could not "recall any other blood." Gonzalez testified that the scene did not fit the usual .38 caliber gunshot head wound. Hall saw blood on the shirt and noticed no other blood. Arthur saw some around the mouth and nose but mostly on the right shoulder of the shirt. Pisani did not recall seeing any blood around the body. Wacha saw blood only on the mouth and shirt. Iacone did not recall seeing any blood. Ferstl saw a "small amount" of blood around the mouth and did not recall any from the nose or on the shirt. Hodakievic, who apparently viewed the body both before and after Edwards had been alone with it, said "she did not notice any blood on the decedent's face or on his shirt." Lieutenant Gavin saw a "trickle... out of the mouth" and did not recall blood from nose nor on the shirt. Rolla said blood "was not all over the place, it was directly under his head." Abt said that aside from the blood on the shirt, there was no evidence in "immediate vicinity of [the] death scene." Simonello said there "wasn't a great deal" of blood. There is no record of Braun's having commented on the quantity of blood. Dr. Haut did "not see blood on Foster's face..., [the] volume of blood [on the back of the head was] small and he did not recall seeing blood on... [the] shirt." Harrison did "not recall observing any blood" and filed no hazardous material (blood) report.

[7] Fornshill did not relate having seen any blood on thevegetation. Gonzalez testified that the scene was unusual in appearance for a gunshot wound to head. Pisani did not notice any blood around the body. Rolla reported "no blood on the plants or trees surrounding... [the] head." Abt observed no evidence in the "immediate vicinity of death scene." Dr. Haut remembered "no blood... on vegetation around the body." Ashford saw no blood on the ground.