Like so often happens in this case, the conclusion stated in the report doesn’t follow from the underlying hearings and exhibits. Read Cecil Kirk’s testimony again.
Mr. FITHIAN. Then I take it, it is your testimony that the chip or the defect is sufficiently unique, with the corners or whatever, that spotting it in each of the pictures at least gives you the confidence that that rifle you are holding is the rifle that was photographed?
Sergeant KIRK. When I match that up with the scientific data Mr. McCamy has obtained from measuring it, this has to tilt the scales in the direction, yes, indeed it is the same rifle.
This is far from a positive identification to the exclusion of any other rifle.
And the panel report made it clear that Kirk was the only one on the 22 person panel to even go this far.
“the Panel's forensic photographic specialist considered this mark to be a random patterning sufficient to warrant a positive identification.”