> Recently, in our discussion about the fact that Secret Service agents
> Johnson and Rowley refused to verify that CE399 was the same bullet that
> Daryl Tomlinson recovered from a stretcher at Parkland, "Bigdog" has
> argued that the reason was that they just didn't bother to mark the
> evidence.
>
> I replied that there is no justification or documentation supporting his
> theory and that the agents were required to mark either the evidence or
> its container, in order to maintain a chain of custody that would hold up
> in court.
>
I'm not the one arguing a theory, Bob. You are. You are the one who claims
to know what the FBI rules of evidence handling were and what the SS rules
of evidence handling were. I have simply and consistently asked you to
support your claims that one or both agencies required their agents to
mark evidence in such a way and also pointed out the fallacy of assuming
that the FBI's rules automatically applied to the SS. I have pretended to
know what the rules for either agency are so I have no responsibility to
substantiate any claims. On the other hand, Your theory that CE399 was
substituted for the bullet that Tomlinson found at Parkland is based on
two assumptions, one that every agent who handled the bullet was required
to initial it, and two that every agent followed that requirement. Despite
being challenged to do so numerous times, you have steadfastly refused to
cite the basis for these assumptions. Until you can do so, your theory is
a house of cards.
> Bigdog replied, "Pure nonsense. An example of an amateur playing lawyer."
> and he then demanded that I document my claim.
>
Gee, that was unreasonable. What was I thinking?
> When I replied that all FBI agents who handled CE399, initialed it
> (Charles Killion, Cortlandt Cunningham and Robert Frazier) he argued that
> the Secret Service must have different rules:-)
>
I made no such argument. I simply pointed out the fallacy in your
assumption that the two agencies operated under the same rules. I don't
pretend to know whether they did or did not have the same rules. You do
pretend to know but you can't back up your claims about what they rules
were. Why is that?
> Anyway, in response to John's request for documentation and to prove that
> I am not "playing lawyer", let's look at what the experts say,
>
> This is from Wikipedia, under the heading "Chain of Custody"
>
Wikipedia??? Oh, there's a source of expert testimony!!! <snicker> How
many law schools do you think have their students reference Wikipedia
as a source for case law?
The passage you sighted from Wikipedia makes no mention of a requirement
that evidence be initialized. That is something you have assumed. It is
only necessary that the piece of evidence can be accounted for from the
time of discovery until it was presented in court. That is accomplished by
each person being able to testify that the piece of evidence was in their
possession from the time they received it until it was passed on to the
next person in the chain. If person A found a bullet and handed it to
person B, and person B handed it to person C, and person C presents it to
the court. As long as persons A,B, and C can account for the bullet the
entire time it was in their possession, the chain is not broken. It is not
necessary for either person A or B to be able to say with certainty that
the bullet in evidence is the one they gave to person B as long as person
B can say the bullet they received from person A is the same one they gave
to person C, and person C testifies that the bullet in evidence is the one
they received from person B. It might be helpful had A or B initialed the
bullet, but the rules of evidence you cited make no mention of such a
requirement.
> This is from the "World of Forensic Science" blog, located at:
>
Another website that I'm sure is on the must-read list of every law
student in the country.
>
http://www.enotes.com/forensic-science/evidence-chain-custody
>
> "Evidence found at the scene of a crime must eventually be presented and
> questioned in the courtroom. For the evidence to be of use in a trial, it
> must make the journey from crime scene to court in a validated and secure
> manner so that all involved can be assured that it has not been
> contaminated and that the evidence is relevant to the crime investigation.
>
> In order to insure validity, investigators must follow a routine commonly
> known as the chain of custody when it comes to collecting and handling
> evidence.
>
> The first person to collect an item of evidence, be it a bloodstain or a
> bullet, will sign their initials and date either on the item itself or on
> its packaging. Clearly, marking an item ensures there is no ambiguity, as
> packaging could be separated from the evidence itself."
>
The above quote identifies current requirements. It does not establish
that the same rules were in effect in 1963. The Warren Court handed down
numerous landmark decisions in the 1960s which placed greater restrictions
on the admissibility of evidence. Whether one agrees with the rulings or
not, the fact remains law enforcement personnel are under much tighter
rules than they were five decades ago.
I guess you went to this website because you didn't have a password to get
into the Harvard Law School website. I noticed this website had numerous
ads for online careers in the legal field. Maybe you should take one of
these online courses.
> "Proving chain of custody is necessary to 'lay a foundation' for the
> evidence in question, by showing the absence of alteration, substitution,
> or change of condition. Specifically, foundation testimony for tangible
> evidence requires that exhibits be identified as being in substantially
> the same condition as they were at the time the evidence was seized, and
> that the exhibit has remained in that condition through an unbroken chain
> of custody. For example, suppose that in a prosecution for possession of
> illegal narcotics, police sergeant A recovers drugs from the defendant; A
> gives police officer B the drugs; B then gives the drugs to police
> scientist C, who conducts an analysis of the drugs; C gives the drugs to
> police detective D, who brings the drugs to court. The testimony of A, B,
> C, and D constitute a "chain of custody" for the drugs, and the
> prosecution would need to offer testimony by each person in the chain to
> establish both the condition and identification of the evidence, unless
> the defendant stipulated as to the chain of custody in order to save
> time."
>
Damn, that sounds an awful lot like the example I gave earlier. Maybe I
should have read your entire post before starting to respond. I could have
saved myself a lot of writing. Notice again that in this example, there is
no mention of a requirement to initialize the evidence, only that each
person be able to testify the fact they handled the evidence, from whom
they received it, to whom they gave it to, and that it was not altered
while in their possession. The chain of custody is established without
initialing of the evidence.
> Can you imagine the testimonies of agents Johnson and Rowley in an Oswald
> trial - stating that since they never bothered to mark the stretcher
> bullet or its container, they had no idea whether it was the right bullet
> or not??
>
The would not have to under the example you provided. They would only have
to testify that they turned the bullet over to the next person in the
chain and that each person in the chain be able to do the same. If that
could be done, the chain would have been established.
> Of course, that is not what happened. Johnson and Rowley followed the same
> rules of evidence that ALL law enforcement officers were required to
> follow, from the lowest beat cop to the highest levels of federal law
> enforcement.
>
Even if we grant you that the websites you cited are reliable, they
address only the rules of evidence which are in effect now, not the rules
that were in effect in 1963. The Warren Court established much stricter
rules of evidence than had been in effect previously.
> The only logical explanation for their refusal to verify CE399 was that
> they DID mark the bullet, but their initials, like FBI agent Todd's were
> nowhere to be found on CE399. And the only explanation for that is, that
> it was not the same bullet that Tomlinson recovered.
>
No, Bob, that is not the only logical explaination. It is not even a
logical assumption. It is simply the assumption that you have chosen
to gravitate to.