101 Peculiarities Surrounding the Death of Vincent Foster

By Richard L. Franklin


Please bear in mind that the purpose of this catalog is rather modest. I merely want to highlight what I see as a large number of gross "peculiarities" surrounding the Foster case. I hope to convey to the reader some sense of the sheer weight of over 100 discrepancies and unanswered questions. Also bear in mind that the number "101" is itself a modest number. As a practical matter, I was forced to omit dozens of striking anomalies.

As you read this long list, consider that Vince Foster's death was almost immediately labeled a suicide by the U.S. Park Police. Normal procedure in the case of a violent death is to treat it as a homicide until all doubts are resolved. Despite this, a homicide investigation was never launched. Even before the death scene or the body had been inspected, a suicide confirmation process was under way. In her sworn Senate testimony, senior Park Police officer Cheryl Braun said, "We made that determination [of suicide] prior to going up and looking at the body." From that point on, all police and FBI efforts were directed toward collecting evidence that would support the suicide verdict. No effort has ever been made to seek or collect evidence supporting a possible homicide. Instead of seeing a proper homicide investigation, we have seen Foster's death become mired in a morass of lies, confusion, and conflicting evidence. Faced with this labyrinth, I knew that any hope of putting together a challenge-proof list of over 100 items was unrealistic. Is it possible there are errors in this catalog? Certainly. Nonetheless, I am confident 90% of these assertions will hold up with time. For any rational person, the weight of 90-plus discrepancies must still remain staggering.


1. The man who discovered the body in Ft. Marcy Park says he was curious about the cause of death and looked closely for a gun. He emphatically says there was no gun in either hand. The FBI put great pressure on this witness to change his testimony. Why? Did he interrupt the staging of a suicide that was only completed after he left the scene?


2. The powder-burn patterns found on both Foster's hands apparently came from powder discharged from the front of a gun cylinder. If he had been gripping the handle, his hands would have had stain patterns consistent with powder discharged from the rear of the cylinder.


3. The gun was still in Foster's hand. It is unusual for a .38 caliber weapon to remain in a person's hand after discharge. Propelled by its powerful recoil, a .38 normally is thrown a considerable distance, sometimes as much as 15 feet. It is true a spasmodic reflex sometimes freezes the fingers around the gun; however, when the gun was removed from Foster's hand, his fingers were still flexible, indicating such a reflex never took place.


4. There was no blood or tissue on the gun. Normally, the force of such a powerful explosion within the mouth blows back a large amount of blood and tissue.


5. No fingerprints were found on the exterior of the gun. The FBI claims this was due to a lack of sweat on Foster's hands. Consider that the temperature that afternoon passed 95 degrees, and the temperature-humidity index reached 103 (this estimates the effect of temperature and moisture on humans, with 65 considered the highest comfortable level). Furthermore, a man about to fire a gun in his mouth is likely to be sweating excessively. If the FBI explanation is scientifically true, one has to conclude it is exceedingly rare to find prints on any weapon.


6. The FBI lab found two fingerprints underneath the removable hand grips. These prints did not belong to Foster. No effort was made to identify these prints through the FBI's computerized data bank. (The FBI did try to find samples of prints belonging to Foster's father.)


7. The gun was made up of parts from at least two guns. Consider that professional killers often use guns made from several guns to make them untraceable. These are known as "drop guns."


8. There is no evidence this gun belonged to Foster. Nor is there any evidence this gun fired the fatal shot.


9. When Lisa Foster went to look for her husband's silver gun in its normal place, she found a strange gun. No member of the Foster family recognized this gun. Did somebody make a swap? If so, who made the exchange? And for what purpose?


10. The gun in Foster's hand, as shown in an ABC color photo, is clearly black. Members of Foster's family all agree Foster's gun was silver. The FBI showed Foster's widow a silver gun and told her it was the gun found at the scene. Why did the FBI make this substitution?


11. It remains clouded as to what happened to Foster's silver gun. We know it could not have been the black gun found in Foster's hand. Was it the silver gun the FBI showed to Lisa Foster? Does the FBI have any proof this gun belonged to Foster? Is it possible the black gun in the ABC photo was merely a "place-holder" gun planted in Foster's hand until Foster's own gun could be retrieved?


12. No matching bullets for the crime-scene gun were found on Foster or at his home. The only bullets found in his home were .22 caliber. This suggests Foster's silver gun was a .22, not a .38. FBI reports do not identify the caliber of the silver handgun in their possession. Why not?


13. The gun contained two cartridges, one spent and one unspent. They were stamped with a code indicating they were high velocity (extra powerful) rounds. This is inconsistent with the fact there was no pool of blood or large exit wound.


14. The rush to deliver a suicide verdict repeatedly corrupted normal police procedures. The gun was an 80-year-old Army Colt Special. Despite the age of the gun, the Park Police did not test it to see if it would actually fire. Six days after the investigation was closed, they asked the BATF to test the gun. The test results were announced five days later, or a total of 11 days after the case had already been closed.


15. Medical technician Richard Arthur was one of the first to reach the death scene. Arthur emphatically says he saw an automatic pistol in Foster's hand. His description of the weapon is very precise and correctly matches the profile of an automatic. He adamantly swears it had a barrel with straight lines as opposed to a tubular shape and a hand grip that was "square in shape." If his testimony is correct, it suggests an automatic was replaced with a revolver sometime after the police arrived.


16. Gun powder residue on Foster's glasses and clothing did not come from the gun found in his hand.


17. Foster's glasses were found 19 feet from his head at the bottom of the embankment his body was found on. The Park Police have theorized that his glasses "jumped" to the bottom of the slope when the gun went off. High underbrush covered most of the slope. The police explanation suggests his glasses were propelled through 19 feet of this dense growth. Consider that his head would have been slammed backward against the embankment as his glasses flew toward the ditch. What force could have thrust his glasses 19 feet in the opposite direction? No tests were conducted to test this implausible theory. An earlier theory was that he threw his glasses into the ravine prior to killing himself. The presence of gun powder on his glasses refuted this odd explanation.


18. Five homes are located an average of 490 feet from the crime scene, yet nobody in the neighborhood heard a shot. The residence of the Saudi Arabia ambassador is 700 feet from the crime scene. Guards at the residence heard no shot. Presumably the sound of a shot would greatly alarm trained bodyguards. This anomaly is neatly accounted for if (1) a silencer was used, or (2) Foster was shot at another location.


19. The Saudi bodyguards and the neighbors living near the crime scene were not interviewed until months later. This was a gross disregard of police procedure. Evidence trails grow cold quickly, memories fade, people move, and witnesses become recalcitrant.


20. Authorities claim the bullet exited the rear of Foster's skull. This bullet has never been found. Why not? A bullet smashing through a skull loses most of its force and rarely travels far. Is it because the bullet never exited the rear of Foster's skull? Bear in mind there is substantial eyewitness testimony indicating no such exit wound existed.


21. Several people who were at the crime scene say there was little or no blood under Foster's head. A .38 caliber weapon firing a high-velocity slug normally makes a large exit hole and produces a huge pool of blood. Following a fatal shot to the brain, the heart keeps pumping until it runs out of blood. This action can last as long as two minutes, thusly expelling a massive quantity of blood. The lack of blood raises two questions: (1) Did Foster die elsewhere? (2) Was the shot to the head administered after he was dead? A careful consideration of these possibilities was precluded by the frantic rush to support an official suicide verdict.


22. X-rays of Foster's skull have either vanished or never were taken. Dr. James Beyer, who did the autopsy, has made contradictory statements as to whether he took X-rays. This controversy remains unresolved.


23. Foster's head was moved after his death and before crime-scene photos were taken. Was this done intentionally? Or was it merely the product of an inept crime-scene investigation? The FBI report indicates the head was moved while the blood was still wet. This claim is intriguing because it suggests the head was moved before investigators arrived.


24. In his written report, paramedic Corey Ashford listed the death as a homicide. Did he do this because he thought it was obviously a homicide? Or was he only following proper police procedure by initially treating a violent death as a homicide?


25. Only a few trickles of dried blood were found on Foster's face.One of these trickles had run uphill in defiance of gravity. This fact alone should have alerted the Park Police to the possibility Foster's body had been moved from another location or the body had been tampered with after death.


26. The Army Colt .38 Special has a high sight and a bulky ejector-rod head. These items normally do significant damage to the teeth and mouth when the gun barrel is explosively expelled from the mouth. Foster's teeth were not chipped, nor was his mouth damaged. The good condition of his mouth has never been explained by the FBI or Park Police. Is it possible a silencer was used? Consider that a silencer is a smooth, round extension that has no sight or ejector rod.


27. No blow-back of blood or tissue was found on the gun, on Foster's hand, or on his sleeve. Most homicide experts believe this is physically impossible given the power of the Colt .38. How does one account for this discrepancy? A much-discussed theory is that Foster was killed with a .22 caliber pistol. Consider that this small weapon is a favorite of professional killers. There are four good reasons for this: (1) it makes far less noise than a larger weapon; (2) rather than blasting through a person's head, its less powerful bullet tends to ricochet within the skull, doing lethal brain damage; (3) it does this deadly work without generating a blowout of the brain case, a pool of blood, or splattered brain parts; (4) there is almost no blow-back of atomized blood droplets to mark the assassin's clothing with DNA.


28. No skull fragments were found at the scene, even though a .38 fired into the mouth normally inflicts severe damage as the slug blows out the back of the brain case. Park Police officer John Rolla observed, "There was no blowout. There weren't brains running all over the place. . . I initially thought the bullet might still be in his head." This is consistent with the theory a .22 was used to kill Foster. Why have Rolla's observations been ignored?


29. All the paramedics who handled Foster's body said they did not see an exit wound in Foster's head. Corey Ashford helped lift Foster's body into a body bag. While doing so, he cradled Foster's head against his stomach. Ashford's white shirt remained immaculate following this contact. Nor did he have to wash his hands. He says this is highly unusual in gunshot deaths, which are normally extremely messy.


30. Dr. Julian Orenstein, the doctor who certified Foster's death at the morgue, says he did not see any exit wound in Foster's head. The fact is all the people who initially handled the body say they did not see an exit wound. Consider that none of these people had a vested interest in the operative suicide conclusion.


31. Dr. Donald Haut, the medical examiner who visited the death site, has steadfastly supported the suicide conclusion. He told the FBI he saw an exit wound. He also stated it "was consistent with a low velocity weapon" (jargon for a small gun such as a .22). In other words, it was a small wound with little blood. Later he repeated his comments about a lack of blood to reporter Chris Ruddy. Haut later denied this in an interview with CBS reporter Mike Wallace. Why did Haut change what he had previously said on two separate occasions? Even more puzzling, why would he deny this when he knew Ruddy had tape recorded his comments?


32. A medical technician at the death scene says he saw a small, circular wound on Foster's neck, just below the jaw line. He says it "looked like a small-caliber entrance wound." (For reasons stated below, one has to consider the possibility this was an exit wound.)


33. Ambrose Evans-Pritchard, a respected British reporter, claims he has seen a photo of this wound. He says the wound was on "the right-hand side, about halfway along the jaw and about an inch below the jaw." He describes it as "a clearly visible wound about the size of a dime... It has the appearance of a small-calibre gunshot wound." He later said in a radio interview that the "wound on the neck is the origin and source of the blood that comes down the neck and trickles down the collar."


34. According to Hugh Sprunt, a highly respected Foster researcher, "White House sources... did indicate to the media very shortly after the death that two different guns were involved in the shooting a .22 and one a .38." Park Police notes of 7/26/93 also mention this, adding that the information came from the FBI.


35. Dr. John Haut signed a document dated July 20, 1993, entitled "Report of Investigation of Medical Examiner." In the words of Hugh Sprunt, "Page two says 'Self-inflicted gunshot wound mouth-neck' and there appears to be an alteration on page one from 'Perforating gunshot wound mouth-neck' to 'Perforating gunshot wound mouth-head.'" It is probably more precise to say whiteout was used on page one to cover what appears to be a four-letter word, possibly "neck." The word "head" was typed next to this. Looking at this document, one notes that "head" is slightly higher than the rest of the typing. In other words, the document was removed from the typewriter and later re-inserted to alter it. Why? Consider that a .22 caliber slug fired into the mouth often ricochets and exits through soft locations such as the neck. "Mouth-neck" on a report indicates the gun was discharged in the mouth and the slug exited through the neck.


36. According to the FBI, no "coherent soil" from the park was found on Foster's shoes. Investigators for the independent Scalise Report had two men walk the trail to the death site wearing shoes similar to Foster's. In both cases, their shoes picked up microscopic dirt from the trail. CBS reporter Mike Wallace did the same experiment and also picked up dirt. In CBS' televised report on Foster's death a report that strongly endorsed the suicide conclusion, Wallace neglected to mention this private test. Why did he and CBS conceal this important fact?


37. A tow truck driver says he was sent to the Ft. Marcy Park to remove a car on the evening of Foster's death. He says the driver's window was broken, and there was blood on the dash and seats. No in-depth investigation of this odd story has ever been done by the FBI or Park Police. Did the premature suicide conclusion block another obvious path of investigation?


38. Also consider that hairs and multi-colored carpet fibers were found on Foster's clothing, including his underwear; yet the seat of Foster's car was never checked for matching hairs or fibers.


39. More significantly, the floor of Foster's car trunk was not checked for carpet fibers matching those on his clothing. Is it possible his body was transported in the trunk of his car? Is it possible Foster's body was wrapped in carpet before being transported to Ft. Marcy Park? Once again, the premature suicide verdict seems to have prevented such obvious hypotheses from being explored.


40. The White House discounted the abundance of carpet fibers on Foster's clothing, claiming they came from his recently re-carpeted home. This was never substantiated by taking samples of carpet fibers from the Foster home for comparison.


41. If a person dies in a supine position, blood settles to the back of the body where it creates lividity marks. If the body is moved, gravity may pull blood to other parts of the body where it will imprint new marks. It was imperative for the police to strip Foster's body and check its entire surface for lividity marks before taking it to the morgue. This was never done. As usual, the premature suicide verdict eliminated a vital police procedure. And once again, vital forensic evidence was lost or destroyed.


42. The driver's seat of Foster's Honda was pushed forward to a position appropriate for a person about 5' 8" tall. Foster was nearly 6' 5" tall. It would have been extraordinarily difficult for Foster to have driven his car with the seat in this position. Despite this, authorities have persisted in saying Foster drove his car to Ft. Marcy Park. The possibility somebody else drove Foster's car has been steadfastly rejected.


43. On the afternoon of Foster's death, at least four eyewitnesses saw an older-model brown car in the exact spot where Foster's car would later be found. Foster's car was a light-gray recent model. It materialized in place of the brown car sometime after 6 p.m. In other words, Foster's car apparently arrived after his body was found. The tardy arrival of Foster's car was further confirmed by a detective who felt the hood of the car. It was still warm.


44. At least four witnesses saw a briefcase lying on the front seat of Foster's Honda after the police had arrived. Medical technician George Gonzalez described it as "a black briefcase-attach, case." This briefcase has vanished. The contents of the briefcase might have shed light on what Foster was doing just prior to his death. Many items of evidence were immediately turned over to the White House. Was Foster's briefcase among these items?


45. Foster's pager was found at the scene. Somebody had apparently erased its memory. The Park Police turned it over to the White House within hours of finding it. It is blatantly illegal to give away key evidence, especially to associates of the victim. Coworkers of murder victims are pro forma suspects in homicide investigations. Any officer turning over physical evidence to potential suspects would normally face serious charges. Instead, praise and promotions were heaped on the Park Police by a grateful White House. Cheryl Braun, for example, was promoted to sergeant.


46. All the crime-scene photos taken with a 35 millimeter camera were "overexposed" or have vanished. Furthermore, most of the Polaroid photos of the crime scene have vanished or are blurred. This includes shots of Foster's back taken by officer John Rolla. Rolla's photos presumably would have confirmed (or refuted) the lack of a blood pool and a large exit wound, anomalies mentioned by several witnesses.


47. Miquel Rodriguez, an early member of the independent counsel's office, was suspicious of the "original" Polaroid of Foster's neck. His FBI staff repeatedly told him it was the original, and that was all they had. With the help of an accomplice, Rodriguez uncovered a hidden file of photos containing the actual original. He took the original and the blurred copy to outside photographic experts who determined that somebody had taken a photo of the original and then altered it to hide what appeared to be a small-caliber neck wound.


48. Mark Tuohey was head of the Office of Independent Counsel in Washington. He took Rodriguez aside and warned him he was not to challenge the findings of the Fiske Report. In other words, Rodriguez was given explicit orders not to challenge the suicide verdict.


49. Rodriguez told Kenneth Starr he wanted to summon FBI agents before the grand jury to compel sworn testimony concerning their handling of evidence. He also wanted to bring in private experts to evaluate evidence. Starr refused both requests and told him to wrap up the investigation as quickly as possible. When Rodriguez balked,Starr forced him to hand in his resignation.


50. Shortly thereafter, Starr dismissed the grand jury that had been getting information from Rodriguez and formed a new one. The new jury was not made privy to the thousands of pages of facts that Rodriguez had presented to the previous jury.


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