Chapter 4f: The Fingerprints of Myth

The absence of evidence and the evidence of absence 


THIS CHAPTER IS UNDER CONSTRUCTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


A Preponderance of Doubt



While




Now,


Now, 



The s


On the next page p 254, Bishop continues:

"Will Fritz said that he was going back to headquarters to check up on a man named Lee Harvey Oswald. He stood in an area of the sixth floor, the cowboy hat back off his forehead, watching Lietenant Day and his men photograph the emptry shells, lift them by the ends, and dust them for fingerprints. There were none, and Day initaled the hulls and placed them in a container. The cartons around the window were examined, and palm prints were made."

OH YEAH--WHAT PRINT BESIDE THE PRINT ON BOX D? AND WHY NO MENTION OF THE BAG? 

"Other policeman were working on the sixth floor. The remains of a chicken sandwich had been found. Someone had found a roll of brown paper, fashioned as a long slender cone. It could have been used to hold a rifle or something like curtain rods. Deputy Eugene Boone yelled: "Here is the gun!" The others ran to him."

HIDES THAT BAG WAS TWO INCHES FROM BOX WITH PALM PRINT, AND WAS FOUND AFTER THE GUN--ACCORDING TO STUDEBAKER

p. 347 "One of the surprising aspects of Lieutenant J.C. Day's work was that he couldn't find fingerprints. Normally there would be prints on the barrel of the rifle and the stock. There should be parts of prints on the empty shells from the gun. He and his Crime Laboratory left police headquarters and returned to the School Book Depository. Of course Day knew that, in his work, when a suspected lethal instrument was found to be free of fingerprints it was usually a sign that it had been carefully wiped by a person who might have a sense of guilt.

The Day Kennedy Was Shot by Jim Bishop 1968

On p 253 After describing Luke Mooney's find of the sniper's nest...Bishop writes: 

"Mooney kept the other policeman away from the area. In time, Fritz arrived. The Crime Laboratory, a mobile unity, had been summoned from headquarters on Main Street. The deputy sheriff was excited. Having made his find, he observed everything. The pile of boxes was high enough to serve as a private screen against prying eyes from anywhere on the sixth floor. The small boxes which had been placed inside, on the floor, were just high enough, with the window one third open, to serve as an assassin's roost. A man could sit on the one nearest the heating pipes, while resting the gun on the one near the window., and looking diagonally down Elm Street toward the overpass. He would have an open, commanding view everywhere except as the motorcade passed the broad tree below. The only open space in the tree was furnished by the "V" of two main branches. Mooney was still dwelling on the subject when ranking officers and their entourages descended on him."

SO WHY  DIDN'T HE SEE THE BAG? or the box used as a seat?

Mooney's 11-23 statement "I then went on back to the 6th floor and went direct to the far corner and then discovered a cubby hole which had been constructed out of cartons which protected it from sight and found where someone had been in an area of perhaps 2 feet surrounded by cardboard cartons of books. Inside this cubby hole affair was three more boxes so arranged as to provide what appeared to be a rest for a rifle. On one of these cartons was a half-eaten piece of chicken. The minute that I saw the expended shells on the floor, I hung my head out of the half opened window and signaled to Sheriff Bill Decker and Captain Will Fritz who were outside the building and advised them to send up the Crime Lab Officers at once that I had located the area from which the shots had been fired. At this time, Officers Webstr, Victory, and McCurley came over to this spot and we guarded this spot until Crime Lab Officers got upstairs within a matter of a few minutes. We then turned this area over to Captain Fritz and his officers for processing."

(After describing Bonnie Ray Williams' lunch bag, Mooney testified) 

Mr. BALL - Did you see a paper bag at any other window?
Mr. MOONEY - No, sir; I didn't.

And then later...

Mr. BALL - How long did you stay up on the sixth floor? After you found the location of the three cartridges?
Mr. MOONEY - Well, I stayed up there not over 15 or 20 minutes longer--after Captain Will Fritz and his officers came over there, Captain Fritz picked up the cartridges, began to examine them, of course I left that particular area. By that time there was a number of officers up there. The floor was covered with officers. And we were searching, trying to find the weapon at that time.

That no one noticed the bag or seat (box "D) at this time is also supported by fellow Deputy Sheriff A.D. McCurley (11-22 report). "We were searching the 6th floor when Deputy Sheriff Mooney, who was also on the 6th floor, hollered that he had found the place where the assassin had fired from. I went over and saw 3 expended shells laying by the window that faced onto Elm Street, along with a half-eaten piece of chicken that was laying on a cardboard carton. It appeared as if the assassin had piled up a bunch of boxes to hide from the view of anyone who happened to come up on that floor and had arranged 3 other cartons of books next to the window as though to make a rifle rest. This area was roped off and guarded until Captain Will Fritz of Dallas Police Department Homicide Bureau arrived."

Mr. McCLOY. When you went up to the sixth floor from which Oswald apparently had fired these shots, what did it look like there, what was the--how were things arranged there? Was there anything in the nature of a gun rest there or anything that could be used as a gun rest?
Mr. FRITZ. You mean up in the corner where he shot from, from the window?
Mr. McCLOY. Yes.
Mr. FRITZ. Yes, sir; there were some boxes stacked there and I believe one box, one small box I believe was in the window, and another box was on the floor. There were some boxes stacked to his right that more or less blinded him from the rest of the floor. If anyone else had been on the floor I doubt if they could have seen where he was sitting.
Mr. McCLOY. Did you see anything other----
Mr. FRITZ. Lieutenant Day, of course, made a detailed description of all of that and he can give it to you much better than I can.
Mr. McCLOY. He is going to be here?
Mr. FRITZ. Yes, sir; and he will give it to you in detail; yes, sir.
Mr. DULLES. When was the paper bag covering that apparently he brought the rifle in, was that discovered in the sixth floor about the same time?
Mr. FRITZ. No, sir; that was recovered a little later. I wasn't down there when that was found.
Mr. DULLES. It was recovered on the sixth floor, was it not?
Mr. FRITZ. Yes, sir; I believe so. We can check here and see. I believe it was. But I wasn't there when that was recovered.  

Fritz also failed to see the bag. Tellingly, he was not shown the DPD re-enactment photos to verify their accuracy. If he had, it would have been interesting for him to have been asked "How could you have missed this?"


With Fritz was Det.s R.M. Sims and E.L. Boyd. From DPD's 1-07 report, CD 81 p566-569 

"About this time someone yelled that some empty hulls had been found on the sixth floor. Capt. Fritz, Sims, and Boyd went to the southeast window on the sixth floor and saw three empty hulls on the floor near the window. The empty hulls were found about 1:15 PM. Deputy Sheriff Luke Mooney said he found them and let them lay as they were. We stayed there with the empty hulls to preserve the scene and a methodical search was started by other officers going from east to west. About 1:20 PM, Lt. J.C. Day and R.L. Studebaker arrived on the sixth floor. Capt. Fritz asked Lt. Day to take pictures of the hulls and the surrounding area. About 1:25 PM someone called for Capt. Fritz, and he left Det. L.D. Montgomery and Marvin Johnson to stay with the hulls. Capt. Fritz, Sims and Boyd went over to near the stairway where one of the officers had called Capt. Fritz...Sims went back to where Lt. Day was and told him the gun had been found. Lt. Day or Det. Studebaker took another picture of the hulls and said they had already taken pictures of the scene. Sims picked up the empty hulls, and Lt. Day held an envelope open while Sims dropped them in the envelope. Lt. Day then walked over to where the rifle had been found. Det. Studebaker and Lt. Day took pictures of the rifle."

Later..."After Hicks finished finger printing Oswald, he and Barnes made paraffin casts of both hands and also the right side of this face."

WHAT THE? AFTER?

Still maybe Sims saw the bag.

Mr. BALL. Did you ever see a paper bag?
Mr. SIMS. Well, we saw some wrappings--a brown wrapping there.
Mr. BALL. Where did you see it?
Mr. SIMS. It was there by the hulls.
Mr. BALL. Was it right there near the hulls?
Mr. SIMS. As well as I remember--of course, I didn't pay too much attention at that time, but it was, I believe, by the east side of where the boxes were piled up---that would be a guess--I believe that's where it was.
Mr. BALL. On the east side of where the boxes were would that be the east?
Mr. SIMS. Yes, sir; it was right near the stack of boxes there. I know there was some loose paper there.
Mr. BALL. Was Johnson there?
Mr. SIMS. Yes, sir; when the wrapper was found Captain Fritz stationed Montgomery to observe the scene there where the hulls were found.
Mr. BALL. To stay there?
Mr. SIMS. Yes, sir.
Mr. BALL. That was Marvin Johnson and L. D. Montgomery who stayed by the hulls?
Mr. SIMS. Yes, sir; they did. I was going back and forth, from the wrapper to the hulls.
Mr. BALL. Was the window open in the southeast corner?
Mr. SIMS. Yes, sir.
Mr. BALL. Were there any boxes near the window?
Mr. SIMS. Yes, sir; there was enough room for someone to stand between the boxes and the window.
Mr. BALL. Were there any boxes anywhere near the window ledge?
Mr. SIMS. Yes; there was, I believe, I'm not positive about this, a couple of boxes, one stacked on the other right at the left of the window and then there was a stack of boxes directly behind the window about 3 or 4 feet high, I guess.
Mr. BALL. Did you see anybody take a picture of the boxes in the window--what position they were on the window ledge?
Mr. SIMS. Well, Lieutenant Day took a picture of all the surrounding area there.
Mr. BALL. How long were you on the sixth floor of the Texas School Book Depository Building?
Mr. SIMS. Well, sir; let's see--at the time the hulls were found, I think the hulls were found about 1:15, so we were down there just a minute or two. Let's see we got back to the city hall at 2:15 and we went over and talked to Sheriff Decker 10 or 15 minutes.
Mr. BALL. Now, when you left, you say that Captain Fritz told Johnson and Montgomery to stay near the place where the hulls were located?
Mr. SIMS. Yes.
Mr. BALL. Was that after the picture had been taken of the hulls?
Mr. SIMS. I believe it was during--before Lieutenant Day got up there, I believe.
Mr. BALL. And it was after that that you went to the place where the rifle was found?
Mr. SIMS. Yes, sir. 

Mr. BOYD. We went down to the sixth floor and found the hulls over on the southeast corner of the building and they had some books, I suppose it was books--boxes of books stacked up back over there that way.
Mr. BALL. Did you see the hulls on the floor?
Mr. BOYD. Yes.
Mr. BALL Did you see anything else around there where the hulls were on the floor?
Mr. BOYD. Well, over to the west there was some paper sacks, and I think some chicken bones up on top of some boxes.
Mr. BALL. That was west?
Mr. BOYD. Right; yes, sir.
Mr. BALL. Near the windows?
Mr. BOYD. Yes, sir; they were near the windows.
Mr. BALL. How far west from where the hulls were located?
Mr. BOYD. Oh, I would say roughly between 30 and 40 feet, probably.  

Mr. BALL. Where, with reference to the rows of windows--there are pairs of windows---how many pairs of windows away from where the hulls were located did you see the paper sack and chicken bones?
Mr. BOYD. Let me see I don't recall just how many rows of windows fromthere it was. They are in rows of two, now, I'm not sure, I think it was in front of the third or fourth window over from the southeast corner.

Mr. BALL. Third or fourth?
Mr. BOYD. Yes.
Mr. BALL Pair of windows?
Mr. BOYD. Yes, sir; now--pair of windows--let's see.
Mr. BALL. The windows are in pairs on that side, on the Elm Street side--now, what sort of sack was it?
Mr. BOYD. The best I remember it was just a brown paper sack--it looked like a lunch sack.
Mr. BALL. About the size of a lunch sack?
Mr. BOYD. Yes.
Mr. BALL. Did you see any other paper sack around there?
Mr. BOYD. I don't recall any if I did.
Mr. BALL. Did you see any brown wrapping paper near the window where the hulls were found, near the windows alongside which the hulls were found?
Mr. BOYD. I don't believe I did.

On the next page p 254, Bishop continues:

"Will Fritz said that he was going back to headquarters to check up on a man named Lee Harvey Oswald. He stood in an area of the sixth floor, the cowboy hat back off his forehead, watching Lietenant Day and his men photograph the emptry shells, lift them by the ends, and dust them for fingerprints. There were none, and Day initaled the hulls and placed them in a container. The cartons around the window were examined, and palm prints were made."

OH YEAH--WHAT PRINT BESIDE THE PRINT ON BOX D? AND WHY NO MENTION OF THE BAG? 



 

The Paper Trail of Tears

End with a "stupid discussion" and point out that LNs routinely excuse DP screw-ups as "stupid" mistakes, but that when one accuses them of planting or faking evidence, these same people inevitably claim "but they would have to be stupid to try and get away with such a thing...what were they, stupid?"

Not so fast.

 

(discuss how little documentation exists for the DPD's evidence. And how neither Day nor Studebaker wrote contemporaneous reports. And how the earliest report by Fritz was 12-23, and how the earliest one by Day was 1-06, etc...

 

Day---By Day

(compare Day's different accounts of his activities--and determine whether he could actually have done all that he claimed.)



PART 2: The BOX PRINTS

Box A is missing from Barrett photos...note how it just so happened to have more of Stud's prints than any other box. Stud brought it in to the office, in order to help plant Oswald's print!

 Of the identified fingerprints, they were:

18 belonging to Studebaker (box "A");
5 of Studebaker's on Box B;
1 of Studebaker's on Box c;
2 on Box B belonging to an FBI clerk;
1 of the clerk's prints on Box C; and
2 of the clerk's prints on Box D
... in addition to one belonging to Lee Oswald, thus leaving just one unidentified. Of the latent palm prints:
2 on Box A belonging to Studebaker;
1 on Box B belonging to Studebaker;
1 on Box C belonging to Studebaker; and
1 on Box A belonging to the FBI clerk
... in addition to one belonging to Oswald, leaving just one unidentified.

In sum, the fingerprints that were taken did not match up to any identifiable prints on the boxes, and only one finger- and one palm print remained unidentified as of the time the WC was wrapping up operations.


HARD EVIDENCE BY David Fisher, 1995 Dell Publishing p.. 164

"If prints are to be connected to a crime, they have to be foudn places they shouldn't be found. Oswald worked in the building, so it was not at all unusual that his prints would be found there. Wht the police had to prove was that these were fresh prints, that Oswald had been at that window within the last few hours. Since prints can't be dated, tht was an almost impossible job. But not in this case, in which Dallas detectives had made one of the luckiest mistakes in sci-crime history. 

Cardboard is a porous, or absorbent, surface. Detectives should have sprayed chemicals on the boxes, but they mistakenly used dusting powder--and they had developed several prints. The question was, why? The boxes were sent to the lab in Washington for a more complete examination. By experimenting with dusting powder on similar boxes, specialists discovered it would develop prints for up to three hours after they had been made, but then the body fluids would be absorbed into the cardboard, keeping prints from being developed. The fact that Oswald's prints had been developed with dusting powder proved he had been at that window within the time frame of the assassination."

Mr. LATONA. The two fingerprints which were developed on Commission Exhibit 648 by silver nitrate are not identified as anyone's, but the print which appears on the piece which was cut out has been identified.
Mr. EISENBERG. That is 649?
Mr. LATONA. Of Exhibit 648--which is Exhibit 649----
Mr. EISENBERG. Yes?
Mr. LATONA. Which came from Exhibit 648 has been identified as a palm-print of Harvey Lee Oswald, the right palmprint.
Mr. EISENBERG. That is Lee Harvey Oswald, Mr. Latona?
Mr. LATONA. That is right, Lee Harvey Oswald.
Mr. EISENBERG. Now, Mr. Latona, can you tell how this was developed, this print on 649?
Mr. LATONA. The appearance is it was developed with black powder.
Mr. EISENBERG. You testified before concerning the aging of fingerprints. Considering the material on which this print was developed, 649, do you think you could form an opinion, any opinion at all, concerning the freshness or staleness of this print?
Mr. LATONA. Bearing in mind the fact that this is an absorbent material, and realizing, of course, that a print when it is left on a material of this type it starts to soak in. Now, the reason that we in the FBI do not use powder is because of the fact that in a short period of time the print will soak in so completely that there won't be any moisture left. Accordingly when you brush powder across there won't be anything developed. Under circumstances, bearing in mind that here the box was powdered, and a print was developed with powder, the conclusion is that this is comparatively a fresh print. Otherwise, it would not have developed.

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We know, too, that we developed two other fingerprints on this by chemicals. How long a time had elapsed since the time this print was placed on there until the time that it would have soaked in so that the resulting examination would have been negative I don't know, but that could not have been too long.
Mr. EISENBERG. When you say "not too long," would you say not 3 weeks, or not 3 days, or not 3 hours?
Mr. LATONA. Very definitely I'd say not 3 days. I'd say not 3 weeks.
Mr. EISENBERG. And not 3 days, either?
Mr. LATONA. No; I don't believe so, because I don't think that the print on here that is touched on a piece of cardboard will stay on a piece of cardboard for 3 days.
Mr. EISENBERG. Would you bring that any closer?
Mr. LATONA. I am afraid I couldn't come any closer.
Mr. EISENBERG. 3 days?
Mr. LATONA. That is right.

Mr. EISENBERG. That would be the outermost limit that you can testify concerning?
Mr. LATONA. We have, run some tests, and usually a minimum of 24 hours on a material of this kind, depending upon how heavy the sweat was, to try to say within a 24-hour period would be a guess on my part.
Mr. EISENBERG. I am not sure I understand your reference to a minimum of 24 hours.
Mr. LATONA. We have conducted tests with various types of materials as to how long it could be before we would not develop a latent print.
Mr. EISENBERG. Yes?
Mr. LATONA. Assuming that the same print was left on an object or a series of similar prints were left on an object, and powdering them, say, at intervals of every 4 hours or so, we would fail to develop a latent print of that particular type on that particular surface, say, within a 24-hour period.
Mr. EISENBERG. So that is a maximum of 24 hours?
Mr. LATONA. That is right.
Mr. EISENBERG. You would not care, you say, though----
Mr. LATONA. No.
Mr. EISENBERG. To employ that here, but your experiments produced a maximum time of 24 hours.
Mr. LATONA. Bear that out; yes. Like I say, undoubtedly this print was left on there----between the time that the print was left and the time that it was powdered could not have been too long a time. Otherwise, 

DAY's Timeline---

Establishes that he dusted boxes AFTER he returned to the TSBD...so who moved the boxes...Studebaker

Mr. BELIN. What else did you do, or what was the next thing you did after you completed photographing and inspecting the rifle on the sixth floor of the Texas School Book Depository Building for whatever prints you could find, what did you do next?
Mr. DAY. I took the gun at the time to the office and locked it up in a box in my office at Captain Fritz' direction.
Mr. BELIN. Then what did you do?
Mr. DAY. I went back to the School Book Depository and stayed there. It was around three that I got back, and I was in that building until about 6, directing the other officers as to what we needed in the way of photographs and some drawing, and so forth.
Mr. BELIN. What did you do when you got back, what photographs did you take?
Mr. DAY. We went, made the outside photographs of the street, we made more photographs inside, and did further checking for prints by using dust on the boxes around the window.
Mr. BELIN. I hand you what has been marked as "Commission Exhibit 722" and ask you to state if you know what this is.
Mr. DAY. Yes, sir. This is a view of Houston Street looking south from the sixth floor of the Texas School Book Depository Building.
Mr. BELIN. Do you know when that was taken?
Mr. DAY. About 3 or 3:15, somewhere along there, on November 22, 1963.
Mr. McCLOY. You say from the sixth floor; was it from the farthest east window?
Mr. DAY. The south window on the east end of the building.
Mr. BELIN. You don't mean that. State that again. What side of the building was the window on?
Mr. DAY. It was on the south side of the building, the easternmost window.the print would not have developed with the clarity that it did.


p. 254 "Other policeman were working on the sixth floor. The remains of a chicken sandwich had been found. Someone had found a roll of brown paper, fashioned as a long slender cone. It could have been used to hold a rifle or something like curtain rods. Deputy Eugene Boone yelled: "Here is the gun!" The others ran to him."

HIDES THAT BAG WAS TWO INCHES FROM BOX WITH PALM PRINT, AND WAS FOUND AFTER THE GUN--ACCORDING TO STUDEBAKER

p. 347 "One of the surprising aspects of Lieutenant J.C. Day's work was that he couldn't find fingerprints. Normally there would be prints on the barrel of the rifle and the stock. There should be parts of prints on the empty shells from the gun. He and his Crime Laboratory left police headquarters and returned to the School Book Depository. Of course Day knew that, in his work, when a suspected lethal instrument was found to be free of fingerprints it was usually a sign that it had been carefully wiped by a person who might have a sense of guilt.

The entire sixth floor had been isolated by policeman. Day and his assistants went to work in that corner window where the empty cartridges had been found. They dusted the bricks on the ledge; they examined the heating pipes behind the assassin's seat on a cardboard box. The man moved about gingerly, disturbing nothing. They got nothing until they brushed the top of the box lying in front of the window. This, it was assumed, would be the low seat for the killer. On the front edge, facing the window, they saw a palm print come up clearly. 

p 348 It was the first technological discovery, and yet it proved nothing. Anyone could have been sitting near that window, and anyone could have leaned on a box. The case against Oswald was to be built of chips and bits of evidence, the whole weighing more than the sum of its parts. The lieutenant backed his men away from the print, took strips of Scotch Tape and pressed it down on top of the white palm print. Then Day wrote on the box: "From top of box Oswald apparently sat on to fire gun. Lieut. J.C. Day." He tore the top off and took it back to headquarters."

THIS IS BULLSHIT. HIS SIG WAS ADDED LATER.



Note that in CD 1497 page 5 (Day's 1-08 report) he claims "Lt. Day returned to 411 Elm St. about 2:45 P.M...The cartons in the area where the rifle was found, and also the cartons near the window where the spent hulls were found, were dusted for prints. A palmprint was found on the top northwest corner of a carton that appeared to have been used by the assassin to sit on while aiming the rifle. This palm print was collected and preserved, along with the carton it came off of, and three cartons stacked by the window apparently to rest the rifle on.." Then discusses paraffin casts, then claims "ALL other evidence collected by the crime scene search was released at 11:45 PM November 22, 1963 to agent Vince Drain to be delivered to the FBI headquarters at Washington, D.C." But this is not true!! Boxes were not removed from building, nor given to Drain until the 26th! SO WHO WROTE THE REPORT!!!!

Mr. DAY. After I returned to the sixth floor of the Texas School Book Depository after delivering the gun to my office, we processed the boxes in that area, in the area of the window where the shooting apparently occurred, with powder. This particular box was processed and a palmprint, a legible palmprint, developed on the northwest corner of the box, on the top of the box as it was sitting on the floor.
Mr. BELIN. Then what did you do when you developed this print?
Mr. DAY. I placed a piece of transparent tape, ordinary Scotch tape, which we use for fingerprint work, over the developed palmprint.
Mr. BELIN. And then what did you do?
Mr. DAY. I tore the cardboard from the box that contained the palmprint.
Mr. BELIN. Then what did you do?
Mr. DAY. The box was left in its position, but the palmprint was taken by me to the identification bureau.
Mr. BELIN. Did you make any identification of it?
Mr. DAY. Yes, sir. Later that night when I had a chance to get palmprints from Lee Harvey Oswald. I made a comparison with the palmprint off of the box, your 729, and determined that the palmprint on the box was made by the right palm of Lee Harvey Oswald.
Mr. BELIN. Did you make any identification on Exhibit 649 which would indicate that this is the palmprint you took?
Mr. DAY. It has in my writing, "From top of box Oswald apparently sat on to fire gun. Lieut. J. C. Day," and it is marked "right palm of Oswald. Lieut. J. C. Day."
There is also an arrow indicating north and where the palmprint was found. It further has Detective Studebaker's name on it, and he also wrote on there, "From top of box subject sat on."
Mr. BELIN. Now, when was that placed on that exhibit, that writing of yours, when was it placed on there?
Mr. DAY. It was placed on there November 22, 1963. WRONG
Mr. BELIN. Can you identify by any way Commission Exhibit 648?
Mr. DAY. This has my name "J. C. Day" written on it. It also has "R. L. Studebaker" written on it. It has written in the corner in my writing, "Southwest corner box 18 inches from wall."
Mr. BELIN. I also see the name "W. H. Shelley" written on there. Do you know when this was put on?
Mr. DAY. W. H. Shelley is the assistant manager apparently of the Texas School Book Depository.
Mr. BELIN. Did he put it on at the time you found the box?
Mr. DAY. No, sir.
Mr. BELIN. Do you know when that was placed on there?
Mr. DAY. That was placed there November 26. The box was not removed, just the cardboard was removed on November 22 excuse me, November 25 I should say that he put his name on there. I returned to the School Book Depository on November 25 and collected this box.

SO...in Sept., when the WC asked about Day, and he refused to sign a statement, the DPD offered his report in its stead--A REPORT HE DID NOT WRITE!!!!

Mr. STUDEBAKER. Yes, sir.
Mr. BALL. Now, did you also lift a print off of the box?

144


Mr. STUDEBAKER. Yes.
Mr. BALL. You lifted a print off of a box?
Mr. STUDEBAKER. Yes.
Mr. BALL. Where was the box?
Mr. STUDEBAKER. The box was due north of the paper that was found, and it was, I believe, we have it that it was - I can read the measurements off of one of these things - how far it was.
Mr. BALL. Fine, do that.
Mr. STUDEBAKER. It was 16 1/2 inches from the - from this wall over here (Indicating).
Mr. BALL. Which wall are you talking about?
Mr. STUDEBAKER. It was from the south wall of the building.
Mr. BALL. Did you take a picture of that box in place before it was moved?
Mr. STUDEBAKER. Yes.
Mr. BALL. The box from which you lifted the prints?
Mr. STUDEBAKER. This box never was moved.
Mr. BALL. That box never was moved?
Mr. STUDEBAKER. That box never was moved. 

(HIDES THAT HE FAILED TO TAKE A PICTURE OF IT THAT DAY) (BARRETT ALSO FAILED TO PHOTOGRAPH IT ON THE 23RD.)

Mr. BALL. And you took a picture of it?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. And that was the location of it when you lifted the print of it?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. And may I have that, please, and we will mark it Exhibit G.
Mr. STUDEBAKER. I was with them in the corner all the time - they were with me rather, I guess Captain Fritz told them to stay with us and help us in case they were needed.
Mr. BALL. Johnson and Montgomery?
Mr. STUDEBAKER. Johnson and Montgomery - they were with me all the time over in that one corner.
Mr. BALL. Now, we have here a picture which we will mark "G."
(Instrument marked by the reporter as "Studebaker Exhibit G," for identification.)
Mr. BALL. This is your No. 26, and that shows the box, does it?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. And that was its location with reference to the corner?
Mr. STUDEBAKER. Yes, sir; that's the exact location.
Mr. BALL. Can you draw in there showing us where the paper sack was found?
(Witness Studebaker drew on instrument as requested by Counsel Ball.)
Mr. BALL. That would be directly south?
Mr. STUDEBAKER. That would be directly south of where the box was.
Mr. BALL. You have drawn an outline in ink on the map in the southeast corner. Now, that box is how many inches, as shown in this picture?
Mr. STUDEBAKER. It is 16 inches from the south wall.
Mr. BALL. You say you lifted a print there off of this box?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. And now, is that shown in the picture?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. What shows in the picture, can you tell me what shows in the picture? Describe what you see there.
Mr. STUDEBAKER. Well, there is a box with a partial print on the - it would be the northwest corner of the box.
Mr. BALL. Was that a palm print or a fingerprint?
Mr. STUDEBAKER. A palm.
Mr. BALL. It was a palm print?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. And does it show the direction of the palm?
Mr. STUDEBAKER. Yes.
Mr. BALL. Which way?
Mr. STUDEBAKER. West.
Mr. BALL. It would be made with the hand -
Mr. STUDEBAKER. With the right hand sitting on the box.
Mr. BALL. And the fingers pointed west, is that it?


Mr. STUDEBAKER. Yes, sir. Mr. BALL. Now, you outlined that before you took the picture, did you?

Mr. STUDEBAKER. Yes, sir.
Mr. BALL. And that is the outline shown in this picture?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. Now, in Exhibit f, does that also show - did you attempt to show the diagram of the palm in Exhibit f; did you do that?
Mr. STUDEBAKER. No; could I?
Mr. BALL. Did you?
Mr. STUDEBAKER. Did I do this?
Mr. BALL. Yes.
Mr. STUDEBAKER. No.
Mr. BALL. But, does that correspond with your opinion as to the direction of the hand, the position of the hand at the time the palm print was made?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. There were no fingers shown in that print, just the palm print?
Mr. STUDEBAKER. No, sir; just the palm print. 

 

 

THEN LATER

 

Mr. BALL. Was there any other indentation on that box besides that which is shown in the circle on 3?
Mr. STUDEBAKER. No.

147


Mr. BALL. That's the only one?
Mr. STUDEBAKER. Yes, you see, I dusted these first, because I figured he might have stacked them up.
Mr. BALL. Did you find any prints?
Mr. STUDEBAKER. No prints, and then I was standing right there and I told Johnson and Montgomery that there should be a print, and I turned around and figured he might have been standing right in there, and I dusted all these poles here and there wasn't no prints on any of it and started dusting this big box, No. 1 here, and lifted the print off of that box.
Mr. BALL. Did you later examine that print that you lifted off of that box in your crime lab?
Mr. STUDEBAKER. I was up in that building until 1 o'clock that morning and got there at 1 and left at 1 and they had seized all of our evidence and I haven't seen it since. Lieutenant Day compared the print before it was released to Oswald's print.
Mr. BALL. He did?
Mr. STUDEBAKER. He compared it as Oswald's right palm print.
Mr. BALL. Did you put some masking tape over that bit of cardboard before you moved it?
Mr. STUDEBAKER. As soon as the print was lifted, you see, I taped it and then they took the print down there. They just took the top corner of this box down there. 

WHO IS THEY? DAY LATER SAID HE'D TORE IT OFF.

Mr. BALL. They just took the top part of the box down there? 

Mr. STUDEBAKER. Yes, and when we took this picture, we took it back - that stuff has been up there and back until I was so confused I don't know what was going on.
Mr. BALL. You mean, when you took the picture which is marked Exhibit J -
Mr. STUDEBAKER. This picture has the palm print on it.
Mr. BALL. It has the palm print - it had been removed and had been identified and brought back and put in the box?
Mr. STUDEBAKER. It had been brought back and put in the box and as being Oswald's right palm print.
Mr. BALL. So, in Exhibit J, you put the cardboard back on the box?
Mr. STUDEBAKER. On the box, yes, sir; where it was found.
Mr. BALL. Where you had found it? You put the Rolling Readers boxes back where you first saw them?
Mr. STUDEBAKER. Yes.
Mr. BALL. And then you took a picture?
Mr. STUDEBAKER. Yes.
Mr. BALL. So, this Exhibit J, gives us the scene as you saw it?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. Before the boxes were moved?
Mr. STUDEBAKER. Yes.
Mr. BALL. And before the palm print was identified?
Mr. STUDEBAKER. Yes, sir.

DAY SAYS HE SIGNED THE BOX ON THE 22ND AS WELL AS THE BAG--WHICH IS DISPROVEN BY THE PHOTOS TAKEN ON THE 25TH

Mr. BELIN. I am going to hand you what has been marked as Commission Exhibit 733 and ask you to state if you know what this is.
Mr. DAY. This is the southeast corner of the sixth floor at the window where the shooting apparently occurred. The boxes in front of the window, to the best of our knowledge, in the position they were in when we arrived there on November 22, 1963.
Mr. BELIN. So 733 represents a reconstruction in that sense, is that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. What about Exhibit----
Mr. DAY. This, by the way, was taken on November 25, 1963.
Mr. BELIN. All right. What about 734?
Mr. DAY. That is another view of the same boxes shown in 733.
Mr. BELIN. In 734 you can also see this juncture of the south and east walls of the sixth floor where you say the bag was found; is that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. I want to turn for the moment to 729. I notice that the box on 729 appears to have a portion of it torn off and then replaced again. Is this correct or not?
Mr. DAY. Yes, sir.
Mr. BELIN. I am going to hand you what has been marked as Commission Exhibit 649 and ask you to state if you know what this is.
Mr. DAY. Yes, sir. This is a portion torn from the box shown in 729.
Mr. BELIN. While you are holding that I'm going to hand you Commission Exhibit 648 and ask you to state if you know what this is.
Mr. DAY. That is the box shown in 729 at the center of the picture.
Mr. BELIN. Is that the box, 648, from which 649 was torn?
Mr. DAY. Yes, sir; it is.
Mr. BELIN. Could you relate what transpired to cause 649 to be torn from 648?
Mr. DAY. After I returned to the sixth floor of the Texas School Book Depository after delivering the gun to my office, we processed the boxes in that area, in the area of the window where the shooting apparently occurred, with powder. This particular box was processed and a palmprint, a legible palmprint, developed on the northwest corner of the box, on the top of the box as it was sitting on the floor.
Mr. BELIN. Then what did you do when you developed this print?
Mr. DAY. I placed a piece of transparent tape, ordinary Scotch tape, which we use for fingerprint work, over the developed palmprint.
Mr. BELIN. And then what did you do?
Mr. DAY. I tore the cardboard from the box that contained the palmprint.
Mr. BELIN. Then what did you do?
Mr. DAY. The box was left in its position, but the palmprint was taken by me to the identification bureau.
Mr. BELIN. Did you make any identification of it?
Mr. DAY. Yes, sir. Later that night when I had a chance to get palmprints from Lee Harvey Oswald. I made a comparison with the palmprint off of the box, your 729, and determined that the palmprint on the box was made by the right palm of Lee Harvey Oswald.
Mr. BELIN. Did you make any identification on Exhibit 649 which would indicate that this is the palmprint you took?
Mr. DAY. It has in my writing, "From top of box Oswald apparently sat on to fire gun. Lieut. J. C. Day," and it is marked "right palm of Oswald. Lieut. J. C. Day."
There is also an arrow indicating north and where the palmprint was found. It further has Detective Studebaker's name on it, and he also wrote on there, "From top of box subject sat on."
Mr. BELIN. Now, when was that placed on that exhibit, that writing of yours, when was it placed on there?
Mr. DAY. It was placed on there November 22, 1963.
Mr. BELIN. Can you identify by any way Commission Exhibit 648?
Mr. DAY. This has my name "J. C. Day" written on it. It also has "R. L. Studebaker" written on it. It has written in the corner in my writing, "Southwest corner box 18 inches from wall."
Mr. BELIN. I also see the name "W. H. Shelley" written on there. Do you know when this was put on?
Mr. DAY. W. H. Shelley is the assistant manager apparently of the Texas School Book Depository.
Mr. BELIN. Did he put it on at the time you found the box?
Mr. DAY. No, sir.
Mr. BELIN. Do you know when that was placed on there?
Mr. DAY. That was placed there November 26. The box was not removed, just the cardboard was removed on November 22 excuse me, November 25 I should say that he put his name on there. I returned to the School Book Depository on November 25 and collected this box.
Mr. McCLOY. Did he say southwest on that or southeast?
Mr. BELIN. I believe he said that he has here that the southwest corner of the box is 18 inches from the wall.
Mr. DAY. Yes, sir; that being the south wall.
Mr. McCLOY. This is the southwest corner of the box he is talking about?
Mr. DAY. Yes, sir.
Mr. BELIN. That is what is written on Commission Exhibit 648.
Mr. McCLOY. It depends on where that box was. It is kind of a removable direction, isn't it?
Mr. BELIN. I am going to hand you what has been marked Commission Exhibit 641, Exhibit 653, and Exhibit 654, and ask you to state if you know what these are. I will start with 641 first.
Mr. DAY. 641 is a box found in front of the window, Texas School Book Depository. Apparently the gun had rested across this. This is the top box now of two that were sitting in the window.
Mr. McCLOY. At the sixth floor window from which the shots are alleged to have been fired?
Mr. DAY. Where the gun was fired from.
Mr. BELIN. Does this box appear on Commission Exhibit 715?
Mr. DAY. No, sir; this does not show.
Mr. BELIN. In other words, what you are saying is that the box, 641, is not the box which is shown in the window on 715?
Mr. DAY. That is correct.
Mr. BELIN. Taking a look now at the box No. 653, I want to ask you to state if you know what this is.
Mr. DAY. This is the box that is shown on 715, that is in the window.
Mr. BELIN. Does it have any means of identification?
Mr. DAY. It has my name "J. C. Day," also "R. L. Studebaker" marked "Box B."
Mr. BELIN. I see you have a notation about the top, which appears to be reading on the side of the box. What does that mean?
Mr. DAY. That is the top of the box as it was sitting in the window sill, on the window sill.
Mr. BELIN. I see you have an arrow with the arrow pointing to the north. Placing the box on the table here with the arrow pointing in a north direction, it would appear the box is lying on its side, is that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. Is that the way you found it in the window before you moved it?
Mr. DAY. Yes, sir.
Mr. BELIN. Is that the way it is shown on 715?
Mr. DAY. Yes, sir.
Mr. BELIN. Is there any kind of a mark to show what the contents of this box were?
Mr. DAY. It says "Ten Rolling Readers."
Mr. BELIN. Is there anything, any other identification, that you found on it? Did you dust this for prints?
Mr. DAY. Yes, sir.
Mr. BELIN. Did you find any?
Mr. DAY. Not with the powder.
Mr. BELIN. Did you find any in any way?
Mr. DAY. No; I didn't find any.
Mr. BELIN. Do you know if anyone else found any?
Mr. DAY. No, sir; I don't.
Mr. BELIN. When did you put your initials on the boxes, 653 and 641, if you know?
Mr. DAY. I am not certain whether it was the 22d or 25th when we collected the boxes.
Mr. BELIN. I notice your initials are also on 641, is that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. Again you have marked the side of the box as being the top, that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. Putting your initials on there?
Mr. DAY. Yes, sir; and my name is on it "J. C. Day."
Mr. BELIN. If you put your initials on or your name on on November 25, how do you know this was the same box that was there when you first came?
Mr. DAY. There was a scar on the top of or the top side of this box that was sitting there. I noticed that at the time. I thought the recoil of the gun had caused that. I later decided that was in the wrong direction. It was not the recoil of the gun but I did notice this scar on the box.
Mr. BELIN. When you came back on the 25th where did you find this box, 641?
Mr. DAY. They were still in the area of the window but had been moved from their original position.
Mr. BELIN. Does that scar appear on the box in 733?
Mr. DAY. Yes, sir.
Mr. BELIN. I see there was one box in the window which you have reconstructed as being box 653, am I correct on that?
Mr. DAY. Yes, sir.
Mr. BELIN. And then there is a box which is stacked on top of another box, the upper box of that two-box stack is 641, is that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. And there is a scar on top of that. Is this the same one that you referred to at the top of 641?
Mr. DAY. Yes, sir.
Mr. BELIN. Do you know when you initialed box No. 653?
Mr. DAY. No, sir; I don't know exactly which day it was.
Mr. BELIN. Do you have any independent recollection of this being the same box you saw in the window?
Mr. DAY. I beg pardon?
Mr. BELIN. Do you have any independent recollection of this being the same box that you saw in the window, if you don't remember when you initialed it?
Mr. DAY. No, sir; except that it was still there in that area and had been dusted on the 25th. We did dust it on the 22d.
Mr. BELIN. Let me ask you this: When you were dusting it were there remains of the dust on there?
Mr. DAY. Yes, sir.
Mr. BELIN. When you put your initials on on the 25th were the dust remains still there?
Mr. DAY. The dust was still there; yes, sir.
Mr. BELIN. On all of these boxes, 641 and 653, and now handing you 654, was there dust on 654 also?
Mr. DAY. All boxes had dust on them when I collected them.
Mr. BELIN. Were boxes Nos. 641, 653, and 654 open or closed?
Mr. DAY. They were closed and had books in them.
Mr. BELIN. Did they have tape around them?
Mr. DAY. They were sealed with tape.
Mr. BELIN. Turning to 654, do you see your name as a means of identification on this box?
Mr. DAY. Yes, sir; "J. C. Day." It also has the name "R. L. Studebaker" on it.
Mr. BELIN. I see there is an arrow pointing north here, is that correct?
Mr. DAY. Yes, sir.
Mr. BELIN. And the box appears with--it appears to have "top" written on the box as it stands on one end, is that correct?
Mr. DAY. Yes, sir; that is the top side as it was standing on the floor.
Mr. BELIN. Now, again turning to Exhibit 733, do you see where box 654 was then?
Mr. DAY. It would be the bottom box of the center stack. There are two boxes.
Mr. BELIN. There are two boxes, and the upper box is marked "Ten Rolling Readers," and 654 would be below that one?
Mr. DAY. Yes, sir.
Mr. BELIN. That is a reconstructed photo, to the best of your knowledge, as to where the boxes were?
Mr. DAY. Yes, sir.
Mr. McCLOY. Is there any indication on any of these boxes which you could identify as indicating on which box the rifle rested?
Mr. DAY. I beg your pardon?
Mr. McCLOY. Is there any indication on any of these boxes that could tell you where the rifle rested?
Mr. DAY. No, sir.
Mr. McCLOY. When it was fired?
Mr. DAY. No, sir; I couldn't find a thing there.





CD1497 page 3: 9-8-64 FBI report on DAY and the palm print on the rifle which Hoover swore matched the rifle-"Lt. Day stated he preferred to let the written report speak for itself and would rather elaborate orally on the lifting of the palm print from the underside of the rifle, which palm print was found when he examined the rifle on November 22, 1963, rather than to make a written signed statement.'

 

 





PART 3: THE RIFLE PRINTS



p. 478 (About slugs removed from Tippit)

"Lieutenant Day would be interested in these slugs. He and his men were still working on the fourth floor at police headquarters. As evidence came in, they studied it, analyzed, made notes and photographs. The Dallas Crime Laboratory was doing well. Day and his assistants had found two smudgy fingerprints on the side of the rifle close to the trigger guard. A palm print was raised from the underside of the barrel. There was a good palm print from the packing case. In some cases, they photographed their finds without completing comparison tests so that they could work on new evidence,

DOES NOT MENTION THAT PALM PRINT ON BARREL WAS A SECRET, AND THAT NO PHOTOGRAPHS WERE TAKEN. ALSO MISSES THAT BOX PRINT WAS NOT IDENTIFIED TILL LATER. 


Day worked with Barnes taking Oswald's paraffin casts!!!   

516-7 "Barnes and Day wrapped the hand in cotton gauze and painted an additional layer of paraffin on top....The second hand was paraffined and peeled like a tight glove. Lieutenant Day said: "I have to make palm prints of your hand." Oswald was patient. He neither protested or struggled. An additional test was made of the right cheek. The material went up to the laboratory. Officer J.B. Hicks assisted in making fingerprints and palm prints on an inkless pad. When the work was concluded. Barnes presented the fingerprints to Oswald on a police sheet and asked him to sign his name across the bottom. This, Oswald thought, was carrying cooperation too far. "No", he said, "I'm not signing anything until I see a lawyer."

Fritz for some reason disavows this!!



COULD ONE USE A PARAFFIN CAST TO PLANT FINGERPRINTS ON OBJECTS!!!!

What creates a fingerprint?  salt? What is in salt? Barium? This is why they found so many palmprints in comparison to the fingerprints!!! The fingerprints were harder to create from the paraffin casts!!! MAYBE

p. 543 "On the fourth floor, Lieutenant Day looked at the side of the rifle, smiled and murmured: Yes, sir." It wasn't much of a print, and it was coming up slowly, but there it was as plain as a slap mark on a tender cheek. "The metal is rough" he said to an assistant. "If it was smooth, this print would be sharper." It was part of a palm of a hand, on the underside of the wood stock. The screws of the stock were loosened, and the print seemed clear. The police photographer took several closeup shots of it. Day took Scotch Tape, carefully applied, and slowly lifted the print free. It was faint but it was discernible."


THIS IS BS> NO PHOTOS WERE TAKEN OF THIS PRINT> DAY WORKED ALONE> 

He had a palm print on a carton taken from the sixth floor window. If both were of the same hand and they matched, the lieutenant would put them on a projector beside some he had taken from Oswald. If all three matched, then Oswald handled this gun and also sat in that window. Vincent Drain of the FBI came up to the laboratory to see how the Lieutenant was doing. Day showed him the material..."

THIS IS BS DRAIN KNEW NOTHING OF THE PRINT

The tall, good natured Drain left. The men on the fourth floor continued their work. They knew that the FBI wanted all this material. Day had orders to process it, and that's what he was doing. The room smelled of developer. Lights went on and off as negatives were fixed. The men worked in silence, at microscopes, cameras, acid baths, calipers, projectors, spectroscopes. There were hairs on the blanket which housed the rifle, but they were short and kinky. They were pubic. Someone had slept in this thing nude. 

A clear palm print was thrown up on the projector. The smudged print from the underside of the rifle went up beside it. The officers stopped work to look. The one from the rifle wasn't clear enough. Still, the swirls which could be defined appeared to match the ones taken from Oswald's left hand tonight. The photos were reversed, and the eyes of the men scanned them again. It wasn't the best of evidence, but both appeared to be made from the same hand. 

THIS IS BULLSHIT. DAY SAID HE TOLD NO ONE BESIDES FRITZ AND CURRY. AND BESIDES, THE PRINT WAS A RIGHT PALM PRINT AND IT WAS FOUND ON THE LEFT SIDE OF THE RIFLE.

"Be back in a minute," the lieutenant said. He ran down the stairs and into the chief's office. "I make a tentative identification from a palm print on the rifle which matches one I got from Oswald," he said. The chief smiled and looked up from his desk. "Good," he said. Day fought his way down the center hall into Fritz's outer office. He called the captain out. Fritz said that the prisoner was on his way down again. He was making a couple of phone calls. The lieutenant whispered the story of a print match. Fritz smiled a little. "Give me a report on it when you have it," he said. "We're moving along--a little at a time." "It's tentative," Day said. "It looks pretty good."

Mr. BALL. It shows he was fingerprinted at 8:55.
Mr. FRITZ. I probably talked to him a little bit more after that. He was fingerprinted at what time?
Mr. BALL. 8:55. Or 9 o'clock, around 9 o'clock. Fingerprinted, at that time there was a paraffin test of the hands and face.
Mr. FRITZ. I don't believe he was fingerprinted. I think we made the paraffin test in my office.
Mr. BALL. There was a paraffin test.
Mr. FRITZ. I allowed them to use my office right there to make a paraffin test.
Mr. BALL. And your records show he was fingerprinted there, too.
Mr. FRITZ. It is possible, I didn't stay there with him. He could have. I don't think they fingerprinted him at that time. I wouldn't see any need for it. 

NEVER MENTIONS DAY TELLING HIM ABOUT THE PALM PRINT ON THE RIFLE--NOR WAS HE ASKED!!! Neither was Curry!!!! Curry does not mention this in his book either. There's no support for Day's bs! 

On NBC late on 11-22, (early on 11-23) David Brinkley said ""The DALLAS POLICE REPORTED a moment ago that the foreign-made rifle believed to have been used in the shooting of the President HAD NO FINGERPRINTS ON IT but has been sent here to the FBI laboratory in Washington for an analysis".Brinkley signed off shortly thereafter at 12:53.

Who told this to Brinkley?

CE 2142 24H750 11-22 NBC transcript of Curry interview (actually early 11-23)

Q. Any particular thing that he said that caused you to file the charges regarding the President's death against him?

Curry. No, sir. Physical evidence is the main thing that we are relying upon. 

Q. Can you name the physical evidence?

(No response)

(Later, 24H751)

Q. Mr. Wade, could you elaborate on the physical evidence?

Wade. Well, we've gone on into some other things that were gathered; the gun is one of them.

(seconds later)

Q. Are there any fingerprints on the gun?

(No response)

CE 2144 24H755 11-23 WFAA

Q. Now that you have made the record clearer as to the matter of FBI cooperation, can you tell us where you now stand in the matter of prosecuting this man?

Curry. Well, so far as I know we are exactly where we were last night because I don't know what has developed in the questioning this morning. We are still trying to establish a verification on the gun--where it came from--and we are still--

Q.  Is it the rifle you are talking about?

Curry. Yes, the rifle. We are still interviewing many witnesses...

(later)

Q. Do you have anything other circumstantial evidence to rely on?

Curry. Well, we have some physical evidence.

Q. Can you tell us anything about that physical evidence?

Curry. No sir, I don't think I should discuss that.

(Shortly thereafter, in CE 2145,Curry comes back and details evidence that Oswald owned the gun, and that there are pictures of him holding the gun. Still no mention of his fingerprints being on the gun.)

CE2146 24H766 11-23 PM (I think this is around 12:00)

Q. Do you think that smudged fingerprints that have been found on the rifle which killed the President will be able to establish the identity of the killer?

Curry. We hope so, but I couldn't say positively at this time that they will be. 

Q. Well, will you know--to convict him?

Curry. I don't know whether it will be enough to convict him or not, but if we can put his prints on the rifle why, it'll certainly connect him with the rifle and if we can establish that this is the rifle that killed the President, why--

(CURRY THEREBY SUGGESTS THAT HE KNOWS ONLY OF THE SMUDGED TRIGGER GUARD PRINTS, AND NOTHING OF THE PALM PRINT. One wonders where the press heard of these smudged prints. Curry thereafter lists circumstantial evidence Oswald brought the gun into the building--the package which he says was long enough to have held the rifle, etc., but nothing of a palm print on the rifle)

CE 2149 24H780 KRLD 11-24 before Oswald's death

Curry. I don't know what you mean by high points, but we have been able to do this.  We have been able to place this man in the building, on the floor at the time the assassination occurred. (HOW? GIVENS? BRENNAN? AFRAID NOT. He later denies they have an eyewitness.) We have been able to establish the fact that he was at the window that the shots were fired from. (HOW? The print on box D?) We have been able to establish the fact that he did order a weapon that is similar and we feel is the weapon that was used. we have been able to, through the FBI Laboratory, to establish the fact that we do have the murder weapon. Their reports have been able to tell us that this is the gun that fired the bullets that killed the President and wounded the governor. (STILL NO MENTION OF PALM PRINT)

(Later he is asked again about the "significant development" he'd alluded to the day before; he admits it is physical evidence, but denies it is the order for the rifle or the backyard photo. Is it the palm print? If so, why hasn't Day been working on it? Perhaps it is the print on box D, which Wade will announce Sunday night has been matched to Oswald. Perhaps it is the shells found by the window, which have been matched to Oswald's rifle.)



 

FROM CE 2153 24H787 WFAA transcript 11-23 (apparently around noon?)

Fritz. There is only one thing I can tell without going into the evidence before first talking to the District Attorney. I can tell you that this case is cinched--that this man killed the President. There's no question in my mind about it. 

Q. Well, what is the basis for that statement?  

Fritz. No sir, I don't want to go into the basis. In fact, I don't want to get into the evidence.

 

FROM CE 2155 24H790 WFAA transcript 11-23 PM (when exactly?)

Q. Have you got this fellow tied to the murder weapon--the rifle?

Fritz. Well, we'd like to have him tied to it better than we have, but we're still in pretty good shape.

Q. Captain, how well do you--?

Fritz. Well, I can't go into that because that is very important to the evidence and the District Attorney should pass on that.

Q. Were there any--?

Fritz. I wouldn't want to talk about the prints and--?

Q. Is it hoped that the--?

Fritz. Get ready for court.


 

First Day Evidence p.108

"Lieutenant Day told us that, after he had photographed the trigger-housing prints and been stopped by Captain Doughty, he continued work on the rifle under the order of Captain Fritz. It was at that time that he noticed a print sticking out out from the barrel. He said it was obvious that part of it was under the wooden stock, he took the stock off and finished dusting the barrel. He said he could tell it was a palm print, and so he proceeded with a lift.

He told Rusty and me that he could tell it wasn't put on there recently by the way it took the fingerprint powder. He said what makes a print of this sort is a lack of moisture, and this print had dried out. He said he took a small camel hair brush and dipped it in fingerprint powder and lightly brushed it. He then placed a strip of 2" scotch tape over the developed print and rubbed it down before finally lifting the tape containing the print off and placed it on a card. He said he then compared the lift to Oswald's palm print card and was certain that it was Oswald's. He also said that after the lift, he could still see an impression of the palm print left on the barrel. 

Next, Lieutenant Day had intended to photograph the area of the rifle barrel from which the palm print had been made, but was again interrupted by Captain Doughty at about 10:00 P.M. He was told once again to stop working on the gun and release it to FBI Agent Drain, who would arrive about 11:30 p.m. Lieutenant Day did not have time to write any reports about what he had found, but did have time to reassemble the rifle before Drain arrived."

 

 

WHAT A BUNCH OF CRAP. IT TOOK HIM 1 1/2 HOURS TO PUT THE RIFLE BACK TOGETHER? HE HAD NO CHANCE TO EVEN MAKE AN INVENTORY LIST FOR DRAIN? AND THE FIRST CHANCE HE GOT TO WRITE A REPORT WAS ON 1-08?

Perhaps he spent the time creating the paper bag! 

p.111: Rusty and J.B. Hicks rolled at least three inkless cards and one inked card of Oswald that Sunday night in the Parkland Hospital morgue. Rusty retained one inkless card for his reference. The inked card was taken back to the Identification Bureau and was checked the following day against Oswald's prints taken on the previous Friday. Rusty told me it was typical that, when a detective back at the office verified that the prints were indeed from the same person, the fingerpint card was usually initialed by him, showing it had been done."

SO SUDDENLY THESE ASS-CLOWNS ARE EFFICIENT? How "typical" is this, really?


p.180-181: "Rusty told me that he helped to process the boxes in the Crime Lab Office after they had been brought down on the Monday following the assassination...Rusty told me that he did develop some prints on the boxes using silver nitrate and determined that they were Oswald's."

WELL, WHY DIDN'T LATONA NOTE THIS WHEN HE TESTIFIED? Livingston was LYING. The boxes were tested via silver nitrate at the FBI crime lab. PERIOD.

Also page 182: "In a recent interview with Lieutenant Day, he told Rusty and me that, "We took a lot of pictures of the gun and the hulls and other stuff. That was all done on the Friday afternoon, because this stuff had been moved all around when we got back up there Sunday. I had a key to it and i didn't know they were going to let anybody in the building. But they had somebody in there shooting a bunch of pictures, and stuff had been moved around Sunday morning. But our purpose then was drawings more than anything else. It wasn't taking pictures."

No More Silence p.234:

"One of those boxes near the window had a palm print on it. Looking out the window, it was in just the right place where you'd rest your palm if you were sitting on a box. We used a metallic powder and got a palm print which later turned out to be Oswald's.

All those boxes which had his fingerprints on them didn't mean that much to me at the time because the man worked there and handled the boxes. I didn't take all those with me. The prints that we got from the box he was sitting on meant something to me because there weren't any prints on the side of it, just on the top of the corner, indicating that he had not picked it up during the normal course of work. We just tore that off and didn't take the whole box with us."

 HE AVOIDS THAT HE HAD NO IDEA WHERE THE PRINTS WERE ON THOSE BOXES BECAUSE HE DIDN'T TEST THEM WITH SILVER NITRATE--THE PROPER WAY TO FIND LATENTS ON CARDBOARD.

p.236: "When the barrel was removed, I noticed more of that print which had been concealed by the stock. Obviously someone had had the mechanism out of the stock laying in his hand. I tried to lift it with scotch tape and it came off dimly. By then I had Oswald's palm prints, and just at a quick glance, it looked like it was his. I didn't go far enough with it to get on the witness stand and say absolutely that it was his print, but it looked like it was through the preliminary examination....

p. 237: But I still wasn't satisfied with the lift because it was pretty dim. By turning the rifle and letting the light shine on it, I could still see the print on the barrel. To take the proper pictures, you have to set a time exposure on the camera and move the light which reflects around the barrel because you can't twist the barrel while you're taking pictures. I was in the process of doing that when I got word from one of my captains, which came directly from the chief's office, not to do anything else. Right in the middle of the stream I was told not to do anything else with it! So I slipped the barrel back on the stock and put it back in the lock box.

p. 238: Around 11:30 that night I received orders which merely said "Release the rifle to the FBI." Shortly thereafter I handed it to Vincent Drain of the FBI. I told him "There's a trace of a print here" and showed him where it was. It was just a verbal communication to him. I didn't have time to make any written reports; I just gave it to him and he signed for it without saying anything. I don't remember whether he wrapped it up with anything or not, but he took it on to Washington that night.

Invisible Evidence by William Turner, published 1968, , p115 "The suspect is printed (and photographed) immediately following arrest and a duplicate card prepared if local submissions are routinely made." p119 "Since prints of all ten fingers are required to form a classification, the chance print or two at the crime scene cannot be searched through the central file. Thus it is necessary to find a suspect before the print is of any use."

The Science of Fingerprints, Chapter 15, p.187  THE FBI's MANUAL

"If a fingerprint is visible, an effort should be made to photograph it
before any attempt is made to develop it. In every case a print
developed with powder should be photographed before lifting. It
sometimes happens that the print does not lift properly although it
may be quite clear after development."

April 3 testimony

Mr. LATONA. The purpose of the lift is simply to insure the probability of getting a good record of the print, because a lot of times when you photograph a print, you have to go through the process of having it developed and then printed and at the same time by lifting it you may, that would be an additional security that you are getting the best results. Then you take your choice as to which result turns out the best.
Mr. EISENBERG. So these are alternative routes?
Mr. LATONA. That is right.
Mr. EISENBERG. Lifting and photographing?
Mr. LATONA. That is right. Well, primarily our recommendation in the FBI is simply every procedure to photograph and then lift. Then you choose the one which you feel gives you the best results in your final photograph. 

 

Day April 22 testimony:

Mr. DAY. In the matter of fingerprints, I have been assigned to the identification bureau 15 years. During that time I have attended schools, the Texas Department of Public Safety, on fingerprinting; also an advanced latent-print school conducted in Dallas by the Federal Bureau of Investigation. I have also had other schooling with the Texas Department of Public Safety and in the local department on crime-scene search and general investigative work.

Mr. DAY. I took it to the office and tried to bring out the two prints I had seen on the side of the gun at the bookstore. They still were rather unclear. Due to the roughness of the metal, I photographed them rather than try to lift them. I could also see a trace of a print on the side of the barrel that extended under the woodstock. I started to take the woodstock off and noted traces of a palmprint near the firing end of the barrel about 3 inches under the wood-stock when I took the woodstock loose.
Mr. BELIN. You mean 3 inches from the small end of the woodstock?
Mr. DAY. Right--yes, sir.
Mr. McCLOY. From the firing end of the barrel, you mean the muzzle?
Mr. DAY. The muzzle; yes, sir.
Mr. BELIN. Let me clarify the record. By that you mean you found it on the metal or you mean you found it on the wood?
Mr. DAY. On the metal, after removing the wood.
Mr. BELIN. The wood. You removed the wood, and then underneath the wood is where you found the print?
Mr. DAY. On the bottom side of the barrel which was covered by the wood, I found traces of a palmprint. I dusted these and tried lifting them, the prints, with scotch tape in the usual manner. A faint palmprint came off. I could still see traces of the print under the barrel and was going to try to use photography to bring off or bring out a better print. About this time I received instructions from the chief's office to go no further with the processing, it was to be released to the FBI for them to complete. I did not process the underside of the barrel under the scopic sight, did not get to this area of the gun.
Mr. BELIN. Do you know what Commission Exhibit No. 637 is?
Mr. DAY. This is the trace of palmprint I lifted off of the barrel of the gun after I had removed the wood.
Mr. BELIN. Does it have your name on it or your handwriting?
Mr. DAY. It has the name "J. C. Day," and also "11/22/63" written on it in my writing off the underside gun barrel near the end of foregrip, C-2766.
Mr. BELIN. When you lift a print is it then harder to make a photograph of that print after it is lifted or doesn't it make any difference?
Mr. DAY. It depends. If it is a fresh print, and by fresh I mean hadn't been there very long and dried, practically all the print will come off and there will be nothing left. If it is an old print, that is pretty well dried, many times you can still see it after the lift. In this case I could still see traces of print on that barrel.
Mr. BELIN. Did you do anything with the other prints or partial prints that you said you thought you saw?
Mr. DAY. I photographed them only. I did not try to lift them.
Mr. BELIN. Do you have those photographs, sir? I will mark the two photographs which you have just produced Commission Exhibits 720 and 721. I will ask you to state what these are.
Mr. DAY. These are prints or pictures, I should say, of the latent--of the traces of prints on the side of the magazine housing of the gun No. C-2766.
Mr. BELIN. Were those prints in such condition as to be identifiable, if you know?
Mr. DAY. No, sir; I could not make positive identification of these prints.
Mr. BELIN. Did you have enough opportunity to work and get these pictures or not?
Mr. DAY. I worked with them, yes. I could not exclude all possibility as to identification. I thought I knew which they were, but I could not positively identify them.
Mr. BELIN. What was your opinion so far as it went as to whose they were?
Mr. DAY. They appeared to be the right middle and right ring finger of Harvey Lee Oswald, Lee Harvey Oswald.
Mr. BELIN. At the time you had this did you have any comparison fingerprints to make with the actual prints of Lee Harvey Oswald?
Mr. DAY. Yes, sir; we had sets in Captain Fritz' office. Oswald was in his custody, we had made palmprints and fingerprints of him.
Mr. BELIN. Is there any other processing that you did with the rifle?
Mr. DAY. No, sir.
Mr. BELIN. At what time, if you know, did you release the rifle to the FBI?
Mr. DAY. 11:45 p.m. the rifle was released or picked up by them and taken from the office.

Mr. BELIN. You are referring to Commission Exhibit 637?
Mr. DAY. Yes.
Mr. BELIN. Is there any particular reason why this was not released on the 22d?
Mr. DAY. The gun was being sent in to them for process of prints. Actually I thought the print on the gun was their best bet, still remained on there, and, too, there was another print, I thought possibly under the wood part up near the trigger housing.
Mr. BELIN. You mean the remaining traces of the powder you had when you got the lift, Exhibit 637, is that what you mean by the lift of the remaining print on the gun?
Mr. DAY. Yes, sir. Actually it was dried ridges on there. There were traces of ridges still on the gun barrel.
Mr. BELIN. Can you tell the circumstances under which you sent Commission Exhibit No. 637to the FBI?
Mr. DAY. We released certain evidence to the FBI, including the gun, on November 22. It was returned to us on November 24. Then on November 26 we received instructions to send back to the FBI everything that we had.
Mr. BELIN. Did you do that?
Mr. DAY. Yes, sir; and at that time I sent the lift marked----
Mr. BELIN. 637.

Mr. EISENBERG. Mr. Latona, you were saying that you had worked over
> that rifle by applying a gray powder to it. Did you develop any
> fingerprints?

> Mr. LATONA. I was not successful in developing any prints at all on
> the weapon. I also had one of the firearms examiners dismantle the
> weapon and I processed the complete weapon, all parts, everything
> else. And no latent prints of value were developed.

> Mr. EISENBERG. Does that include the clip?

> Mr. LATONA. That included the clip, that included the bolt, it
> included the underside of the barrel which is covered by the stock.

> Mr. EISENBERG. Were cartridge cases furnished to you at that time?

> Mr. LATONA. They were, which I processed, and from which I got no
> prints.

> Mr. EISENBERG. Therefore, the net result of your work on Exhibit 139
> was that you could not produce an identifiable print?

> Mr. LATONA. That's correct.

> Mr. EISENBERG. So as of November 23, you had not found an identifiable
> print on Exhibit 139?

> Mr. LATONA. That is right.

 

No More Silence p.238 cont'd

It's a funny thing about that. We had a few other items around such as some of his clothes and paper off the roll at the Book Depository that we didn't do anything else with. I didn't send the lift card either. They told me not to do anything else, so I didn't even look at it again. There was some friction somewhere. I never quite understood how all that happened, but it was a confusing thing. 

Later, all the stuff that was sent to Washington came back to us. The rifle came back in a wooden box but we didn't open it. We were told to just hold it, so I put it in our evidence room and locked it up. We held that stuff a few days then we got an order to release everything to the FBI, the gun, the box, everything we had. At that time, I then released the card with the lifted print. 

WELL HOLD IT--IF THEY NEVER OPENED THE BOX--THEN HOW DID THEY TAKE THE EVIDENCE PICTURES IN CURRY'S BOOK? IS DAY LYING TO HIDE THAT HE RE-EXAMINED THE RIFLE AND PLANTED THE PRINT?

p. 241: I didn't work on Saturday, but that Sunday morning, the 24th, Mr. Truly had given me a key to the School Book Depository so that we could take measurements of the whole floor and make diagrams of everything. I had one or two detectives with me. We were the only ones in the building, so it was pretty quiet, but I noticed that somebody had been taking pictures up there somewhere between Friday and that Sunday morning as there was film all over the floor."

YEAH RIGHT!  HE HAD a piece of molding from the window that supposedly had not been tested for prints...he had a piece of cardboard from a box that supposedly had Oswald's print, and he had a palm print from the rifle which he needed to work on, and he took Sat off and only came in Sunday to measure the TSBD!! HORSESHIT!

Even worse, the person taking all the pictures was...Studebaker. On Saturday. How can he not have realized this!


Not in Your Lifetime by Anthony Summers, Marlowe and Co. 1998 p54  "I would say that this print had been on the gun several weeks or months." 1994 interview of Day by Robyn Summers.

IT IS ALSO WORTH NOTING THAT, UNLIKE THE STORY TOLD BY BISHOP, DAY NEVER SAYS HE TOLD FRITZ AND CURRY HE HAD A MATCH!  Oh WAIT, HE DID in a report in Sep 64.

Mr. McCLOY. Am I to understand your testimony, Lieutenant, about the fingerprints to be you said you were positive---you couldn't make a positive identification, but it was your opinion that these were the fingerprints of Lee Oswald?                                                                                                               Mr. DAY. Well, actually in fingerprinting it either is or is not the man. So I wouldn't say those were his prints. They appeared similar to these two, certainly bore further investigation to see if I could bring them out better. But from what I had I could not make a positive identification as being his prints.                    Mr. McCLOY. How about the palmprint?
Mr. DAY. The palmprint again that I lifted appeared to be his right palm, but I didn't get to work enough on that to fully satisfy myself it was his palm. With a little more work I would have come up with the identification there.
Mr. BELIN. Lieutenant Day, what is the fact as to whether or not palmprints are a sound means of identification of an individual?
Mr. DAY. You have the same characteristics of the palms that you do the fingers, also on the soles of feet. They are just as good for identification purposes.
Mr. BELIN. Is there anything else you did in connection with the rifle, the cartridges, the live cartridge, or the taking of prints from any of these metallic objects that you haven't talked about yet?
Mr. DAY. No, sir; I believe that is the extent of the prints on any of those articles.

Mr. BELIN. Did you make a positive identification of any palmprint or fingerprint?
Mr. DAY. Not off the rifle or slug at that time.
Mr. BELIN. At any other time did you off the rifle or the slugs?
Mr. DAY. After I have been looking at that thing again here today, that is his right palm. But at that time I had not no----
Mr. BELIN. When you are saying you looked at that thing today, to what are you referring?
Mr. DAY. Your No. 637 is the right palm of Oswald.
Mr. BELIN. Handing you what has been marked "Exhibit 629" I ask you to state if you know what this is.
Mr. DAY. That is the right palm of Lee Harvey Oswald.
Mr. BELIN. Do you know where this print was taken?
Mr. DAY. Yes, sir; it was taken by Detective J. B. Hicks in Captain Fritz' office on November 22, 1963.
Mr. BELIN. Did you take more than one right palmprint on that day, if you know?
Mr. DAY. Yes, sir; we took two, actually we took three. Two of them were taken in Captain Fritz' office, and one set which I witnessed taking myself in the identification bureau.
Mr. BELIN. Any particular reason why you took more than one?
Mr. DAY. In most cases, when making comparisons, we will take at least two to insure we have a good clear print of the entire palm.
Mr. BELIN. Now, based----
Mr. DAY. One might be smeared where the other would not.
Mr. BELIN. Based on your experience, I will ask you now for a definitive statement as to whether or not you can positively identify the print shown on Commission Commission Exhibit No. 637as being from the right palm of Lee Harvey Oswald as shown on Commission Exhibit 629?
Mr. DAY. Maybe I shouldn't absolutely make a positive statement without further checking that. I think it is his, but I would have to sit down and take two glasses to make an additional comparison before I would say absolutely, excluding all possibility, it is. I think it is, but I would have to do some more work on that.
Mr. BELIN. Could you do that here in Washington before you go back, sir, or would this necessitate going back to Dallas?
Mr. DAY. If I had the proper equipment I think I could do it here. I don't have very good equipment for making comparisons here. I need two fingerprint glasses. It was my understanding-the prints had been identified by the FBI. I don't have official word on it.

DID FRITZ AND CURRY BACK UP DAY TO THE FBI???  I DON'T THINK SO?

p. 614, about the transfer of evidence...

"The chief surrendered. He said that he would order Fritz and Day to hand the stuff over to Washington right away. It must be clearly understood that the FBI would sign a receipt for each item, they would photograph it and send copies to the Dallas Police Department, they would fly it up tonight, they would run it through their mill, and have it back in police headquarters tomorrow night."


SO WHERE ARE THESE RECEIPTS??? NO COMPLETE LIST WAS MADE OF THE ITEMS SENT OUT ON 11-22. On 11-28, after all the evidence had been sent back and sent out again, Drain mistakenly? listed the four boxes as among items already "examined by the FBI Laboratory on November 24, 1963."  Uhh. Drain returned them to Dallas on the 24th. He knew they were examined on the 23rd. That was just 5 days before this memo. Was he suffering from exhaustion? This list is in 105-82555 sec 22 p7-8.


From Crime Scene Search and Physical Evidence Handbook put out by the U.S. Department of Justice in October 1973.

p 16. "one of the principle legal requirements in introducing physical evidence in court is the ability of the person who collected it to later identify it and accurately report the circumstances of its collection and custody. An adequate record of the crime scene aids considerably in this identification process. But just as important is the support the written and photographic record of the scene gives to the furtherance of the investigation and examination of the physical evidence by laboratory experts. Finally, the investigator's  notes provide him with an immediate reference as to the actions taken during the search and with a ready means of doublechecking on the thoroughness of those actions before leaving the scene of the crime. The amount of detail involved in a major case is usually so large that very few investigators can successfully rely on their memories." 

NO NOTES WERE TAKEN. NO REPORT WAS WRITTEN UNTIL 1-08-64 (WHICH EXPLAINS THE DISAPPEARING THUMB PRINT.)

p.18 "Although the circumstances of the case must always govern the investigator's actions in processing the crime scene, experience has shown that the following general rules are useful in helping to systematize the search and to prevent error...

 All of the major evidence items are examined, photographed, recorded and collected, as appropriate, taking them in the order that is most logical, considering the requirement to conserve movement. Making casts and lifting latent prints from objects to be moved from the scene is done as necessary. Items should not be moved until they have been examined for trace evidence. Fingerprints should be taken, or at least developed and covered with tape, before the object is moved...

p.19 After processing the more obvious evidence, the search for and collection of additional trace material is commenced, Trace evidence should be searched for and collected before any dusting for fingerprints is done. 

After the trace materials have been collected, other latent prints are lifted.

When sweeping or vacuuming, surface areas should be segmented, the sweeping from each area packaged separately, and the location of their point of recovery noted.

Normally, elimination fingerprints  and physical evidence standards are collected after the above actions have been completed...


PaRT 4: THE WOOD MOLDING

Trace Material Collection...

Items that will be transported to the laboratory should also be carefully examined before moving them. (By this stage in the search, such items should have been recorded in the notes and in the sketch, and photographs taken of them during the preliminary examination. However, if an item is a new discovery, it should be recorded before it is moved.) Any friction on on a surface will destroy fingerprint traces; therefore, nonporous materials, such as glass, metal, and finished wood, should be processed for fingerprints, or at least the prints should be developed and covered with tape before transporting the item to the laboratory."

THIS SUGGESTS THAT THE MOLDING SHOULD NOT HAVE BEEN REMOVED BEFORE DUSTING.

p. 51. "It is helpful to view the scene as the criminal did. Hence, such conditions such as time of day, weather, and physical layout may suggest that certain surface areas should be closely examined...Whatever the nature of the crime and the particular circumstances, its reconstruction by the investigator is intended to give practical direction ot the search."

THIS SUGGESTS THAT THE WINDOW FRAME WOULD BE DUSTED RIGHT OFF THE BAT.


p. 57 "No attempt should be made by the crime scene investigator to develop latent prints on absorbent surfaces with fingerprint powder. To do so, under ordinary conditions at the crime scene, usually results in failure and creates serious problems for the fingerprint specialist at the laboratory.

High humidity will destroy prints of this type by causing them to diffuse. Evidence such as pieces of paper, cardboard, etc., should be placed in containers with tweezers or handled carefully by the edges."

SO WHY DID THEY DUST ALL THE BOXES? BUT NOT THE MOLDING? IT'S BULLSHIT! And why didn't they take the boxes into the lab--they had to KNOW that absorbent matrials need to be tested with silver nitrate. They sent the bag to the FBI, after all. And they didn't KNOW that box D had Oswald's palm print. And they didn't KNOW it was Oswald's rifle. SO WHY would they have left those other boxes behind???? They could have been the only proof Oswald was in the sniper's nest?

p 58 "Before submitting lifted latent prints recovered from the crime scene to a fingerprint technician for examination, elimination prints of all persons who may have had access to the area should be made. With elimination prints, it is possible to exclude from the prints lifted all persons who had legal acess to the crime scene."

THE FBI SHOULD HAVE  DONE THIS ON THEIR OWN BEFORE THE WC PRODDED THEM TO DO SO.

Mr. BALL. 8:55. Or 9 o'clock, around 9 o'clock. Fingerprinted, at that time there was a paraffin test of the hands and face.
Mr. FRITZ. I don't believe he was fingerprinted. I think we made the paraffin test in my office.
Mr. BALL. There was a paraffin test.
Mr. FRITZ. I allowed them to use my office right there to make a paraffin test.
Mr. BALL. And your records show he was fingerprinted there, too.
Mr. FRITZ. It is possible, I didn't stay there with him. He could have. I don't think they fingerprinted him at that time. I wouldn't see any need for it. 

 

SO FRITZ SAW NO REASON... THEN WHY DID THEY DO IT? TO PLANT ON THE BAG AND Rifle!

Mr. BALL. There is one problem here in your records that we asked about. Where was Oswald between 12:35 a.m., and 1:10 a.m., on Saturday, November 23, that is right after midnight?
Mr. FRITZ. Right after midnight.
Mr. BALL. The jailer's records show he was checked out.
Mr. FRITZ. I think I know where he was right after midnight. I think he went to the identification bureau to be fingerprinted and have his picture made.
Mr. BALL. You know. You can probably advise him and he can tell us. What is it?
Mr. FRITZ. I think that, if it is the time that I am thinking about, if it is the time that after he was, after he had his arraignment, I think from what we found out since then that he went there for picture and fingerprints.

OSWALD HAS HIS SHIRT ON IN THE MURRAY PHOTO OF THIS FINGERPRINTING  OF OSWALD.

According to Bugliosi:on page 183-184, this shirt, along with all the other evidence given to the FBI, was already on its way to Carswell Air Force Base. This proves they had an hour or so to monkey with the evidence, i.e create the bag, add fibers to the rifle, etc.

11:45p.m.
FBI agents Vince Drain and Charles T Brown sign for and receive the items to be trans -
ported to Washington, which include the Mannlicher-Carcano rifle, serial number
C2766, found on the sixth floor ;973 two of the three spent hulls found under the sniper' s
nest window474 (the third spent hull975 was retained by Captain Fritz and kept in a desk
drawer in his private office") ; one live 6 .5 caliber cartridge found in the rifle chamber ; 977
and the paper sack found near the sniper's nest window.978
Lieutenant Day scribbles some instructions on a corner of the paper sack found on th e
sixth floor : "FBI : Has been dusted [for prints] with metallic powder on outside only . Insid e
has not been processed . Lieut . J. C. Day. i97`' The paper sack already had the words "Found
next to the sixth floor window gun fired from. May have been used to carry gun . Lieu-
tenant J. C . Day. i9S0 When Day hands the rifle, the weapon believed by Dallas police t o
have murdered Kennedy, to FBI agent Drain, he says, "There's a trace of a print here, "
pointing to the trigger housing . The agent says nothing as he takes possession of the rifle. 98 '
The rest of the items are loaded into a box and FBI agents Drain and Brown hustle them
down the elevator to the basement and out to their waiting car for the short trip to Carswell.
982

Carswell is about 45 miles and 50 minutes away on the far side of Ft. Worth. Drain didn't leave there till 3:10 AM.

SS agent Winston Lawson, moreover, accompanied Drain on his trip. In his trip report 17H633 he claims he "went to the FBI Dallas office, met FBI Agent Drain again, and proceeded with him and the packaged evidence to Carswell AFB. I departed Carswell AFB aboard USAF Plane #276 at 3;10 A.M. CST, November 23, 1963, and arrived at Andrews AFB 6:30 A.M., E.S.T." While he doesn't say what time he met Drain he does state he was ordered to go with Drain by Thomas Kelley, who arrived in Dallas at approximately 1:00 A.M.. 

FBI memo 62-109060 sec 2 page 55 is Rosen memo claiming Shanklin told him Drain was to leave at 2:51 and arrive at 6:15.

Drain's report, CD5 p160 however says he left at 3;10 and arrived at 6:30. on page 159 moreover, it lists the shirt as an item collected on 11-22, along with the live rifle round, 2 shells, "a blanket found at the scene where the rifle was located, which may have been the blanket used as a cover for carrying the rifle." shirt, brown paper, sample of brown, fragments from Connally, the revolver, one bullet from Tippit, and the rifle.

Why was the evidence brought to the FBI office, and held for an hour or more? And why did they lie about the time Drain received the shirt?


"`Alfred D. Hodge, the fifty-five-year-old owner of the Buckhorn Trading Post, was unable to identify the
Mannlicher-Carcano rifle or .38 caliber Smith & Wesson revolver as being weapons he had sold (15 H 498,
WCT, Alfred Douglas Hodge).
184
RECLAIMING HISTOR Y


Notes on Weisberg phone call to Lonnie Hudkins found in the Weisberg Archives under Vince Drain. "Vince Drain, Lonnie says, was LBJ's man, and even Hoover didn't fool with him. He did "all the heavy work on this case and you never see his name on a single report." Not quite but close.



11-24 Wade Press conference transcript in the 11-25 NY Times

"On this box that the defendant was sitting on, his palm print was found and was identified as his, The three ejected shells were found right by the box."

Then later, during Q & A:

"What other evidence is there?

Let's see...His fingerprints were found on the gun, have I said that? 

Which gun?

On the rifle.

You didn't say that...What about the paraffin tests?

Yes, I've got paraffin tests that showed he had recently fired a gun--it was on both hands.

On both hands?

Both hands?

Recently fired a rifle?

A gun.

The rifle prints were his, were Oswald's?

Yes.

Were there any fingerprints...?

Palm prints rather than fingerprints. (THIS SUGGESTS HE WAS TOLD OF THE PALM PRINT ON THE BARREL--AS THE TRIGGER GUARD PRINTS WERE FINGER PRINTS)

Were there any fingerprints at the window?

(second newsman) Palm prints on the what?

Yes, on... (AHA THIS IS WHY THE ONE GUY THOUGHT THERE WERE PRINTS ON THE WINDOW.)

On the rifle?

Yes, sir.

Where are they on the rifle?

Under--on part of the metal--under the gun."


BUT DAY testified that he'd made no such identification!!!


Mr. WADE. No, sir; I probably mentioned it but I assume you want--whether I meant he ought to clean them out or not. I didn't tell him he should or shouldn't because I have absolutely no control over the police. They are a separate entity. They have a municipality, and they work under a city manager.
Mr. RANKIN. Did you say anything to Chief Curry about what should be told the press about investigation, how it was progressing or anything of that kind?
Mr. WADE. Yes; I think that is the brief conversation, that is the last I talked to Curry that night. I may have talked to--but that is all I recall. I left thereafter, and went on out to dinner.
Mr. RANKIN. About what time did you leave?
Mr. WADE. 7, 7:30, something like that. I got home, say, 9:30 or 10, after eating dinner, and I believe I talked to the U.S. attorney or at least I saw it come on the radio that they are going to file on Oswald as part of an international conspiracy in murdering the U.S. President, and I think I talked to Barefoot Sanders. He called me or I called him.
Mr. RANKIN. I wanted to get for the record, Mr. Wade, who would be trying to file like that.
Mr. WADE. I don't know. All I know it wasn't me. It was told to me at one time that the justice of the peace said something about it and another one, one of my assistants, Alexander had said something about it and I have talked to both of them since and both of them deny so I don't know who suggested it or anything but it was on the radio and I think on television.
I know I heard it and I am not sure where. 

Mr. RANKIN. Did you discuss the evidence that they did have at that time with Captain Fritz?
Mr. WADE. Yes, sir.
Mr. RANKIN. Will you tell us what evidence you recall?
Mr. WADE. I have made no notes but roughly he gave the story about him bringing the gun to work, saying it was window rods from the neighbor, someone who had brought him to work. He also said there were three employees of the company that left him on the sixth floor. He told about, the part about, the young officer running in there right after the assassination and Oswald leaving after the manager said that he was employed there. Told about his arrest and said that there was a scuffle there, and that he tried to shoot the officer.
I don't know--I think I am giving you all this because I think a little of it may vary from the facts but all I know is what Fritz told me.
He said the Dallas police had found a palmprint on the underside of the gun of Oswald. At that time, the FBI was standing by to fly the gun to the laboratory here in Washington which incidentally, they didn't find, but I assume the Commission has interviewed Senator--not Senator--Day, the fingerprint man of the Dallas police but I have learned since that he probably can't identify the palmprint under there but at that time they told me they had one on it.
They said they had a palmprint on the wrapping paper, and on the box, I believe there by the scene. They did at least put Oswald there at the scene.
Mr. RANKIN. Will you clarify the palmprint that you are referring to on the rifle?
Was it on the underside of the rifle, was it between the rifle and the stock or where was it as you recall?
Mr. WADE. Specifically, I couldn't say because but he said they had a palm-print or a fingerprint of Oswald on the underside of the rifle and I don't know whether it was on the trigger guard or where it was but I knew that was important, I mean, to put the gun in his possession.

I thought we had that all the time when I took the complaint on the thing.
Let me see what else they had that night. Well, they had a lot of the things they found in his possession. They had the map, you know, that marked the route of the parade. They had statements from the bus driver and the taxicab driver that hauled him somewhere.
I think they varied a little as to where they picked him up but generally they had some type of statement from them.
That is generally what they gave me now.
Mr. RANKIN. That is all you recall as of that time?
Mr. WADE. Yes, sir.
Mr. RANKIN. Did you give any report to the press then about----
Mr. WADE. No; I will tell you what happened then. 

 

WELL, HOLD IT. WADE SAID THEY TOLD HIM ABOUT THE RIFLE PRINT AND BAG PRINT ON THE 22ND--NONE OF THAT EVIDENCE HAD BEEN DEVELOPED YET! (OR HAD IT? REMEMBER STUDEBAKER. WAS A BAG PRINT MADE TO DISAPPEAR?)

6-8-64

Mr. WADE. This was 8 o'clock roughly on the 24th, Sunday night. I sat down with Captain Fritz and took a pencil and pad and listed about seven pieces of evidence from my own knowledge and I was going to write it down. They got hold of Chief Curry and he said no, that he had told this inspector of the FBI that there would be nothing further said about it.
I asked Chief Batchelor and Lumpkin, they were all there, I said you all are the ones who know something about it, I said if you have at least got the right man in my opinion the American people ought to know.
This is evidence you can't use actually, because he is dead. You can't try him. And the upshot of that was the police wouldn't say a word and refused actually to furnish me any more of the details on this.
I mean what the seven points. I went on out there in from front of the cameras and ran them through those points. Actually my purpose in it was, good or bad was, because the Dallas police were taking a beating because they had solved the crime and had good evidence and I told them it was good but I did leave out some things and I was a little inaccurate in one or two things but it was because of the communications with the police.
I didn't have the map, incidentally. I wanted the map at that time but forgot all about it, and I ran through just what I knew, which probably was worse than nothing.
It probably would have been better off without giving anything, because we didn't give what all we had.
Mr. DULLES. Do you remember the elements of inaccuracy that got into this statement of yours?
Mr. WADE. I think I told them about the palmprint on the bottom of the gun, that Lane has made a great issue of and I still think I was right on it but he has made an issue. I think Oswald snapped the pistol over there in the jail or at least in the theater where they arrested him. There was a question of whether the gun had been snapped or not and I was told it was, you all may have seen the gun; I never have seen the gun. You had---I might have at that stage said what bullets are supposed to hit whom. That might have been somewhat inaccurate then but that is all I can think of.
I don't think there is any basic thing. But my purpose in that, and I know the minute I got off that television, inspection called me and said please say nothing further about this case.
Well, you see, at that stage----
Mr. DULLES. Who was it that called you?
Mr. WADE. The inspector at FBI called me in the police station. He was the one the police had talked to. He was the man from Dallas down there. It wasn't Shanklin, Shanklin was in charge of the office.
But I told him what my purpose was but apparently someone told him gathered since he had delivered a message, apparently someone had told him to have me quit talking about it. But my purpose on that was, I never did think that the people or the television were giving the right facts on the thing and they were making believe that probably they didn't have the right one, that the Dallas police had him in there to kill him, they even had commentators saying practically that, don't you know.
So, I did that entirely--not anything for me. You may think I wanted to be on television. I didn't care a thing about being because I don't run for office in New York and Washington and. other places, but I thought the police needed, because their morale was awfully low and they were at fault in Ruby killing him.
There was undoubtedly a breakdown on security there in the basement.
Mr. RANKIN. On the seven points were any of them that were new that hadn't already been told to the public?
Mr. WADE. To tell you the truth, I don't know. I think there were some of them that hadn't been but I think most of them had. But I couldn't see at this stage the evidence on this thing, nobody, the situation where you had an assassination, and a dead person and another case pending, and it was against my interest actually, to trying Ruby, it would be a whole lot better trying Ruby if he killed the wrong man than if he killed the assassin of the President but I was trying to establish that this was the assassin of the President.
And I didn't give all the evidence, and I don't know whether there was anything new or not because I didn't see much of television during all this time. I don't actually know everything that was given out, and there was so much in the papers that I didn't have time to read them, so I didn't know for sure what all the police had given out.
Senator COOPER. Substantially then, you were laying out to the public the facts which had led you to issue a warrant for Oswald as the killer of President Kennedy?
Mr. WADE. That was the purpose of that interview.

 

 

About trigger guard


At end of testimony...Day insisted he'd come to no conclusions about the palmprint or the trigger guard prints

Mr. DAY. The palmprint on the box he apparently sat on I can definitely say it is his without being in fear of any error. The other, I think it is his, but I couldn't say definitely on a witness stand.
Mr. McCLOY. By the other, you mean the other palmprint?
Mr. DAY. The palmprint and that tracer print aside the trigger housing or the magazine housing.
Mr. McCLOY. Thank you very much.

 Earlier, discussing palm print, which he did not study

 Mr. BELIN. The wood. You removed the wood, and then underneath the wood is where you found the print?
Mr. DAY. On the bottom side of the barrel which was covered by the wood, I found traces of a palmprint. I dusted these and tried lifting them, the prints, with scotch tape in the usual manner. A faint palmprint came off. I could still see traces of the print under the barrel and was going to try to use photography to bring off or bring out a better print. About this time I received instructions from the chief's office to go no further with the processing, it was to be released to the FBI for them to complete. I did not process the underside of the barrel under the scopic sight, did not get to this area of the gun.

 Mr. BELIN. Do you know what Commission Exhibit No. 637 is?
Mr. DAY. This is the trace of palmprint I lifted off of the barrel of the gun after I had removed the wood.
Mr. BELIN. Does it have your name on it or your handwriting?
Mr. DAY. It has the name "J. C. Day," and also "11/22/63" written on it in my writing off the underside gun barrel near the end of foregrip, C-2766.
Mr. BELIN. When you lift a print is it then harder to make a photograph of that print after it is lifted or doesn't it make any difference?
Mr. DAY. It depends. If it is a fresh print, and by fresh I mean hadn't been there very long and dried, practically all the print will come off and there will be nothing left. If it is an old print, that is pretty well dried, many times you can still see it after the lift. In this case I could still see traces of print on that barrel.

Mr. BELIN. Did you do anything with the other prints or partial prints that you said you thought you saw?
Mr. DAY. I photographed them only. I did not try to lift them.
Mr. BELIN. Do you have those photographs, sir? I will mark the two photographs which you have just produced Commission Exhibits 720 and 721. I will ask you to state what these are.
Mr. DAY. These are prints or pictures, I should say, of the latent--of the traces of prints on the side of the magazine housing of the gun No. C-2766.

Mr. BELIN. Were those prints in such condition as to be identifiable, if you know?
Mr. DAY. No, sir; I could not make positive identification of these prints.
Mr. BELIN. Did you have enough opportunity to work and get these pictures or not?

Mr. DAY. I worked with them, yes. I could not exclude all possibility as to identification. I thought I knew which they were, but I could not positively identify them.
Mr. BELIN. What was your opinion so far as it went as to whose they were?
Mr. DAY. They appeared to be the right middle and right ring finger of Harvey Lee Oswald, Lee Harvey Oswald.
Mr. BELIN. At the time you had this did you have any comparison fingerprints to make with the actual prints of Lee Harvey Oswald?
Mr. DAY. Yes, sir; we had sets in Captain Fritz' office. Oswald was in his custody, we had made palmprints and fingerprints of him.
Mr. BELIN. Is there any other processing that you did with the rifle?
Mr. DAY. No, sir.

 

Afterward

 Mr. McCLOY. Am I to understand your testimony, Lieutenant, about the fingerprints to be you said you were positive---you couldn't make a positive identification, but it was your opinion that these were the fingerprints of Lee Oswald?
Mr. DAY. Well, actually in fingerprinting it either is or is not the man. So I wouldn't say those were his prints. They appeared similar to these two, certainly bore further investigation to see if I could bring them out better. But from what I had I could not make a positive identification as being his prints.
Mr. McCLOY. How about the palmprint? Mr. DAY. The palmprint again that I lifted appeared to be his right palm, but I didn't get to work enough on that to fully satisfy myself it was his palm. With a little more work I would have come up with the identification there.
Mr. BELIN. Lieutenant Day, what is the fact as to whether or not palmprints are a sound means of identification of an individual?
Mr. DAY. You have the same characteristics of the palms that you do the fingers, also on the soles of feet. They are just as good for identification purposes.
Mr. BELIN. Is there anything else you did in connection with the rifle, the cartridges, the live cartridge, or the taking of prints from any of these metallic objects that you haven't talked about yet?
Mr. DAY. No, sir; I believe that is the extent of the prints on any of those articles.
Mr. BELIN. Did you make a positive identification of any palmprint or fingerprint?
Mr. DAY. Not off the rifle or slug at that time.
Mr. BELIN. At any other time did you off the rifle or the slugs?
Mr. DAY. After I have been looking at that thing again here today, that is his right palm. But at that time I had not no----

 

 

 




 


 

 

 

11-25 Post-Tribune Jefferson City MO, 11-26 Daily Capital News, Jefferson City MO
(Chicago-Tribune Press Service) DALLAS — The full preparation of evidence which proved that Lee Harvey Oswald, 24, self identified Marxist, assassinated President Kennedy here Friday, was made public for the first time Sunday night.
The action was taken by the Dallas County authorities after consultation among themselves and reportedly with Washington officials who believed that the American people should be told unreservedly of the case against President Kennedy's slayer.
The spokesman was Dallas County State's Attorney, Henry Wade, who had prepared to prosecute the case.
Wade said that local police with the help of federal agencies had provided what he regarded as an "absolutely conclusive chain of evidence proving
Oswald was the sniper-assassin."  This evidence convinced me beyond any shade or moral doubt," Wade said. "I have sent many others to the electric chair on much less conclusive evidence."
In Building
Primary facts disclosed that Oswald had been placed in the Texas School Book Depository building from which the sniper fired at the time of the shooting. A palm print identified as Oswald's was taken from the window sill of the sixth floor window through which the sniper thrust his rifle barrel. The rifle and three spent cartridges cases were found in the room near the window. A palm print identified as Oswald's was found on the rnetal
portion of the rifle barrel.
T he FBI positively proved that the rifle was purchased in March of 1963 by Oswald from a Chicago mail order house. The
weapon was mailed to a Dallas postoffice box to a man named "A. Hiddel."

11-25 Wisconsin State Journal, Madison WI DALLAS (AP) — A palm print identified as that of Lee Harvey Oswald was found on the underside of the rifle. Such ballistics tests showed fired the bullets that killed President Kennedy, District Atty. Henry Wade said Sunday night. \Vade called a news conference to make public what he said Was the complete mass of evidence accumulated to prove Oswald was the presidential assassin.
Although he revealed more details than he had divulged previously, Wade made no startling disclosures. But he said he was confident
be had an air-tight case.
Print* On Gun
"I have sent men to the electric chair with less evidence," Wade said. "The gun was here, his prints were on the gun, the gun was the gun that killed Kennedy, his palm prints were on the box on which the killer sat, and witnesses put him on the sixth floor at the time of the shooting," Wade said. Among the specific links in the chain of evidence against Oswald, in addition to the palm print on the rifle, Wade cited:


Waterloo Daily Courier Waterloo Iowa DALLAS, Tex. UPI
Cites 2 Facts
Wade said two facts stood linking the slim, brown - haired Oswald to the slaying. First, a palm print on the underside of the rifle which fired
the bullets that killed Kennedy wa s identified as Oswald's.
Secondly, Wade said, Oswald had definitely been placed inside the building at the time the shots were fired from there at Kennedy.
'The gun was here, his prints were on the gun, the gun was the gun that killed Kennedy, his palm prints were on the box on which the killer sat, and witnesses put him on the sixth floor at the lime of the shooting."

FROM WHOM DID THE CHICAGO WRITER HEAR THAT THERE WAS A PRINT ON THE WINDOW SILL? NOT WADE!


DISCUSS PIECE OF WOOD--why wasn't it sent to Washington

 

From the 11-23-63 New Castle News (New Castle, PA) and Columbus Nebraska Daily Telegram, Lowell Sun (Lowell MA) etc.

Dallas (UPI) Oswald Charged with Assassination

Police said the suspect was seen in the Texas schoolbook depository building from which the sniper fired at 12:45. The building is 12 blocks from his rooming house. A policeman
asked him what he was doing there and a supervisor, knowing he worked there, said:"He is okay."
Find Murder Weapon
Police also found the imported rifle with the telescopic sight which fired the fatal bullet into Kennedy's brain, but they said there were no fingerprints on it. Oswald was arraigned before Peace Justice David Johnson only a few hours after paraffin tests had been made lo his hands to determine if he recently had fired a weapon. Police Chief Jesse Curry said
Oswald would be brought before a grand jury next week. Kennedy was shot at 12:31 p m., CST. Mrs. Roberts said a friend called her at 12:45 to say the President had been shot.
Suddenly, she said, in rushed Oswald, "on the dead run." "He ran to his room, came running back with a gray zipper jacket and out the door. "I said 'you sure are in a
hurry' but he didn't even answer." He ran toward a bus stop, Mrs. Roberts said.

(Perhaps by police they mean FBI)

 

Nope: late on the evening of 11-22-63--or was it early 11-23? David Brinkley reported on NBC: 

"The Dallas police reported a moment ago, that a foreign-made rifle believed to have been used in the shooting of the president, had no fingerprints on it. It has been sent here to the FBI Laboratory in Washington for an analysis."

 Scientific Evidence in Criminal Cases, 1986, The Foundation Press, Inc

p. 461 "One of the cases that was primarily responsible for the widespread concern about integrity of the identification expert was the DePalma case, publicized in the Readers' Digest, where a police department identification officer identified a latent print which had purportedly come from the counter of a bank that was robbed as having been made by DePalma. The defendand was convicted despite a strong alibi defense. It was later extablished that the "latent" was not a latent print at all, but a xerox print of an inked impression of the defendant's print, and that the faking was done to frame the defendant. Because several FBi experts had been unable, initially, to detect the fabrication, the chairman of the professional association's Science and Practice Committee, Mr. Brunelle, was led to state "In certain cases it may be very difficult to distinguish between authentic and fabricated prints and...laboratory techniques such as a scanning electron microscope may be necessary to verify and authentic print." See Brunelle, Science and Practice Committe Report (1976) II Fingerprint Fabrication, Identification News, Aug. 1976, p.7


Fundamentals of Criminal Investigation 1956 and 1970 Charles E. O'Hara.  

p.615 "observation should be made of points of entrance and departure, and such objects as doorknobs, window sills, door panels, windowpanes, and porch railings."

p. 616 "Latent fingerprints of value for comparison are not frequently found at the scene of a crime. This is attributable to the dleicate nature of the print. To deposit a thin layer of perspiration or grease in the complicated pattern of the friction ridges optimum conditions must be present. The surface must be such that it can retain the print without absorbing and spreading it. Thus hard, glossy objects such as glass and enamel painted walls and doors represent ideal surfaces. Dirty surfaces and absorbent materials do not readily bear prints. The fingerprint, moreover, must be deposited with the right amount of pressure. The object must not be touched with an excess of pressure, since this tends to smear the print. A movement of translation of the finger will result in a smear. The fingers of the person depositing the prints must have a certain degree of moisture or should have some body grease on the ridges. When all these requirements are fulfilled a good latent fingerprint is deposited." 

p. 622  "Prior to removal from the scene, the latent print should be photographed one-to-one, or actual size, and also in a way to show relationship with the surrounding area."

"Articles bearing fingerprints should be marked for identification and packed according to instructions."

"If it is inconvenient to move an object because of its excessive size or weight, it may be necessary to detach the part bearing the fingerprint. For example: ...2) Windows may be removed from frames or panes of glass taken from sashes...4) Boards may be lifted from floors or paneling from walls...j. Under ordinary circumstances, it is advisable to leave the fingerprint impression on the surface where it was found. Its subsequent introduction in court in its original location serves to enhance its evidential value."

p. 624 "many authorites on the subject of fingerprint identification state that the lifting process should be employed only when it is impossible to secure good photographs."

CE 3145 based on 9-8 interview of Day, written up on 9-9

Lt . DAY stated he dusted the left side of the
rifle at about where the clip housing is located and
in front of the trigger housing and observed three
impressions, two of which indicated ridge patterns .
Lt . DAY stated he told Captain FRITZ he wanted to
remove the gun to the Dallas Police Crime Laboratory
where more suitable conditions were present in which to
further examine this gun .
The rifle was taken to the Dallas Police
Crime Laboratory of the Dallas Police Department where
on the evening of November 22, 1963, Lt . DAY Stated he
made three photographs of the impressions of the
fingerprints which had been raised near the clip
housing and in front of the trigger housing . Lt .
DAY advised he took the wooden part of the rifle
off by loosening three or four screws and uncovered
what he considered to be an old dry print with a loop
formation underneath the barrel . He stated this
appeared to him to be the right palm print of some
individual . This print was found on the underside
of the barrel which was completely covered by the
wooden stock of the gun and not visible until he had
removed the wooden portion of the gun . Lt . DAY
estimated this print was within three inches of the
front end of the wooden stock . Lt . DAY advised he
dusted this print with black powder and made one lift .
Lt . DAY stated at this point he received
instructions from Chief of Police ,JESSE H. CURRY not
to do anything else concerning the examination of

evidence as it was

to be immediately turned over to
SA VINCENT E . DRAIN of the Federal Bureau of Investigation
for transmittal to the FPBI Laboratory . Lt . DAY stated
he normally would have photographed this print, but since
his instructions from the Chief of Police were not to
do anything further, he literally took him at his word .
Lt . DAY stated the reason he had preserved the other
prints found on the gun by photography was the fact he
had already photographed these prints prior to getting
the instructions from the Chief of Police to cease further
examination of the evidence .
Lt . DAY stated he had no assistance when
working with the prints on the rifle, and he and he
alone did the examination and the lifting of the
palm print from the underside of the barrel of the
rifle which had been found on the sixth floor of the
Texas School Book Depository on November 22, 1963.
Lt . DAY related that after he made the lift
of the palm print on the underside of the barrel, he could
still see this palm print on the underside of the
barrel of the gun and would have photographed same had
he not been ordered to cease his examination . Lt . DAY
stated ha had no reason for not photographing this palm
print first before attempting to lift it other than
in the interest of time .
Lt . DAY stated he did not take any photographs
of the palm print which he lifted on the underside of the
rifle barrel after the lift was made, and that the
prints of the less valuable ones he had found near the
trigger housing and clip housing were photographed
prior to the time he received instructions to conduct
no further examination of this evidence

Lt. day advised ti was customary practice to photograph fingerprints in most instances prior to 

lifting them, but in some cases where it was felt by
him that he could make a lift, he would go ahead and
make the lift and then photograph the print in question .
Lt . DAY stated he saw no reason for wrapping
the palm print on the underside of , the barrel with
any protective covering since it was protected by the
wood stock when fully assembled and that it was not
necessary to use cellophane or other protective coating
as it would have been on the exposed prints .
Lt . DAY stated he tentatively identified the
palm print that was lifted off 'the underside of the
rifle, which was believed to have been used in the
assassination of President KENNEDY, as matching that of
the known palm print of LrE HARVEY OSWALD . He stated
this was done on the night of November 22, 1963, in the
Crime Laboratory of the Dallas Police Department, Dallas,
Texas .
Lt . DAY related on that night he told only two
people that he had made the tentative identification of the
palm print obtained off the underside of the rifle
barrel with that of the known palm print of LEE HARVEY
OSWALD. Lt . DAY stated these two individuals were Chief
of Police JESSE E . CURRY of the Dallas Police Department
and Homicide Captain WILL FR1TZ of the Dallas Police
Department . Lt . DAY advised he could not remember the
exact time he made the identification nor the exact
time he advised Chief of Police CURRY and Captain
WILL FRITZ of the tentative identification, but he did
know it was on the night of November 22, 1963, prior to
the time he released the rifle to SA VINCENT E . DRAIN
of the Federal Bureau of Investigation for transmittal
to the FBI Laboratory, Washington, D .C .
Lt . DAY stated he received instructions from
Chief of Police JESSE R . CURRY, Dallas Police Department,
Dallas, Texas, to turn over all of the evidence
collected that he was examining, which related to LEE
HARVEY OSWALD, to the FBI shortly before midnight

on November 22, 1963 . The exact time he received these
instructions he cannot recall, but the evidence which
included the rifle believed to have been used by OSNALD
was turned over to SA VINCENT E . DRAIN, Federal Bureau
of Investigation, at 11 :45 p .m ., November 22, 1963,
for transmittal to the FBI Laboratory . Lt . DAY stated
that he could positively state that the palm print,
which was lifted by him from the rifle, came from the
underside of the barrel which, when the gun is fully
assembled, is covered by the wooden stock . This pals
print, which was lifted by him from this location, was
not turned over to SA VINCENT E . DRAIN for examination
by the FBI laboratory until November 26, 1963, inasmuch
as he wanted to make further comparisons of this palm
print with the known palm print of LEE HARVEY OSWALD .

Lt . DAY stated the gun was carefully reassembled, and when
the wooden stock was reassembled to the barrel of the gun,
this afforded the print that was still visible on the
underside of the barrel sufficient protection that it would
not be disturbed in his estimation . Lt . DAY related he
would have offered this print the same protection by
photographing it as he had other less identifiable
prints found on the gun near the trigger housing
and clip housing had he had enough time prior to
receiving instructions to cease examination and turn
the rifle over to the FBI . Lt . DAY stated he had no
other reason for not affording all of the prints found
the same protection .
Lt . DAY related that when the rifle was turned
over to SA VINCENT E . DRAIN of the Federal Bureau of
Investigation, it was fully assembled and in the same
condition as when he had found it on the sixth floor
of the Texas School Book Depository on November 22, 1963 .

 

from Ce 3145, Day's 1-08-64 DPD report

Lieutenant Day returned to the Identification Bureau about 7 :00 P.M. and
started checking the rifle for prints . Two fingerprints were found on the
side of the rifle near the trigger and magazine housing and a palm print
was placed on the underside of the gun barrel near the end of the stock .
It appeared probable these prints were of the right palm and fingers of
Lea Harvey Oswald, but the rifle was released to the FBI to be sent to Washington, D . C . before the examination was completed and positive identification of the prints could be made. The prints were not very good for comparison purposes.


Case Closed by Gerald Posner 1993 Random House p.270

"Day also dusted the window sills in the sniper's nest. "All the woodwork there was cracking and had a bad paint job," he recalls. "You can just tell sometimes that a surface won't have a print. There were none. You couldn't put a print on there if you tried."

SO WHY DID HE BRING IN THE WINDOWSILL...UNLESS HE...TRIED!

"But he had more success with the boxes that comprised the sniper's nest. He expected to find many prints on them. "These things were being moved around all the time, so I thought we might get the shooter's prints mixed in with the workers' in the building," Day told the author. "But there was one print that I knew was fresh and important the moment it came up. At the window the assassin fired from, there were two stacked boxes, one on the floor and the other stacked on top, and that is apparently what he aimed from. A little behind that was a carton of books. That position is where he would have sat and looked out the window. It was plenty heavy enough to support him. When we used metallic powder on that box, toward the top of the corner, was a distinct palm print--right where t looked like he had been leaning his hand as he waited for the motorcade. He might have been a little nervous, because as he leaned his hand there, the oil or moisture in his hand left a very clear, unsmudged print. Usually, you can't get a print that good from cardboard, but he had been sitting there long enough to leave a real fine one. We knew we had a real good print, but we didn't know whether we would match it up to anyone." (NOTE: SO WHY DIDN'T HE TAKE THE OTHER BOXES IN?) That print was positively identified as Oswald's left palm. " WRONG (undated interview with Day)

p.283 "'Down toward the end of the stock, there was a print partially developed," he recalls, "and I could see it running back up under the stock. So I lifted the gun out of the stock. When I dusted that print, it developed. I kept looking at it as it did not stand out real good--it wasn't a great print. So I took the tape and lifted that print off as best I could. It lifted off pretty well, considering it was dim print." That print was Oswald's right palm."

"Day then prepared to take pictures of the stock, using reflected light and time exposures. (p.284) But before he could finish, he was told the FBI was sending an agent to collect the rifle and to take it to FBI headquarters in Washington for further tests. "So I put the gun back in the stock," Day says. "I had my orders and I didn't do anything else to it. Around 11:30, the FBI came, Agent (Vince) Drain, and I gave him the gun. I told Vince, "Here's a print right here,' and I pointed to it. I didn't give him that lifted print on the tape. They said give him the gun, and that's what I gave him. The gun had our powder all over it by then, and I know I wouldn't have liked to receive it in that condition once somebody else had started their work on it. It should have stayed with us."...(Notes that Day removed the whole print.) "The FBI then examioned Day's lifted print and confirmed it was Oswald's when it doscovered that the irregularities in the lift corresponded exactly with imperfections on the rifle barrel." (POSNER'S FOOTNOTE SAYS THIS COMES FROM LATONA'S TESTIMONY WHEN IT ACTUALLY CAME FROM A LETTER WRITTEN BY HOOVER, WITH NO SUPPORTING DOCUMENTATION OR TESTIMONY.)

 

BAG 

 

BUT Mr. BALL. Do you recognize the diagram?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. Did you draw the diagram?
Mr. STUDEBAKER. I drew a diagram in there for the FBI, somebody from the FBI called me down - I can't think of his name, and he wanted an approximate location of where the paper was found.
Mr. BALL. Does that show the approximate location?
Mr. STUDEBAKER. Yes.
Mr. BALL. Where you have the dotted lines?
Mr. STUDEBAKER. Yes.
Mr. BALL. Now, there is something that looks like steam pipes or water pipes in the corner there?
Mr. STUDEBAKER. Yes.
Mr. BALL. Where was that with reference to those pipes - the paper wrapping?
Mr. STUDEBAKER. Laying right beside it - right here.
Mr. BALL. Was it folded over?
Mr. STUDEBAKER. It was doubled - it was a piece of paper about this long and it was doubled over.
Mr. BALL. How long was it, approximately?
Mr. STUDEBAKER. I don't know - I picked it up and dusted it and they took it down there and sent it to Washington and that's the last I have seen of it, and I don't know.
Mr. BALL. Did you take a picture of it before you picked it up?
Mr. STUDEBAKER. No.
Mr. BALL. Does that sack show in any of the pictures you took?
Mr. STUDEBAKER. No; it doesn't show in any of the pictures.
Mr. BALL. Was it near the window?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. Which way from the window?
Mr. STUDEBAKER. It was east of the window.
Mr. BALL. Over in the corner?
Mr. STUDEBAKER. Over in the corner - in the southeast corner of the building, in the far southeast corner, as far as you can get is where it was.
Mr. BALL. You say you dusted it?
Mr. STUDEBAKER. With that magnetic powders.
Mr. BALL. Did you lift any prints?
Mr. STUDEBAKER. There wasn't but just smudges on it - is all it was. There was one little ole piece of a print and I'm sure I put a piece of tape on it preserve it.
Mr. BALL. Well, then, there was a print that you found on it?
Mr. STUDEBAKER. Yes; just a partial print.
Mr. BALL. The print of a finger or palm or what?
Mr. STUDEBAKER. You couldn't tell, it was so small.
Mr. BALL. But you did dust it and lift some print?
Mr. STUDEBAKER. Yes.
Mr. BALL. When you say you taped it, what did you do, cover it with some paper?
Mr. STUDEBAKER. We have - it's like a Magic Mending Tape, only we use it just strictly for fingerprinting.
Mr. BALL. Let's stick with the paper.
Mr. STUDEBAKER. Well, on the paper I put a piece of 1 inch tape over it - I'm sure I did.
Mr. BALL. After you dusted the print, you put a 1 inch tape over it?