When did Westbrook say that when he saw the gun on the desk he asked Hill about it?
I never claimed to be an expert. The federal rules of evidence require that the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. And the question you keep avoiding is ON WHAT BASIS did McDonald or Carroll know that they were initialing the same gun that they handled? The police must have known enough about preserving chain of custody to bother to scratch their initials at all, even if it was a half-assed attempt after-the fact.
Instead of quibbling about what "1963 procedures" were, how about answering how the "procedures" they did use did anything to make the evidence authenticatable?
Except it does nothing of the kind. It's pure assumption on your part.
I see one of you finally managed to find the US FRE. In fact, " the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is" is an exact quote from the beginning of rule 901, "Authenticating or Identifying Evidence". This is a longer except:
a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
(b) Examples. The following are examples only — not a complete list — of evidence that satisfies the requirement:
(1) Testimony of a Witness with Knowledge . Testimony that an item is what it is claimed to be.
[...]...Just like I've said before. And it's the very first example listed! Of course, The testimony of Hill, Carroll, McDonald, Bentley, etc (especially Hill and Carroll) fall under this first example. So we've already reached authentication under Federal standards.
JI: "And the question you keep avoiding is ON WHAT BASIS did McDonald or Carroll know that they were initialing the same gun that they handled?"I've avoided nothing. I've already explained how they know it was the same gun. Not doing it over and over again. Go back and re-read the earlier entries.
JI: Instead of quibbling about what "1963 procedures" were, how about answering how the "procedures" they did use did anything to make the evidence authenticatable?It's not quibbling. Authentication is a process, and the DPD officers were going to use the procedures in practice at the time, and they should be held to those procedures, not latter-day impositions. Of course, you're really just trying to move the goal posts by demanding that we retroactively apply some ersatz "authentication protocol" that is nothing more than a creature of your own invention. But that is simply your own invention.
JI: The police must have known enough about preserving chain of custody to bother to scratch their initials at all, even if it was a half-assed attempt after-the fact. You say that you "never claimed to be an expert," so how do you know this is "half-assed?" The guys who held possession of the pistol from the Texas Theatre auditorium to DPD HQ initialed it when they relinquished possession of it to the Homicide Bureau. That's what should have happened.
JI: When did Westbrook say that when he saw the gun on the desk he asked Hill about it?In his WC testimony:
Mr. WESTBROOK. It was marked by Officer Jerry Hill and a couple or three more, and when they come in with the gun, I just went on down and told Captain Fritz that the gun was in my office and he sent a man up after it. I didn't take it down.
Mr. BALL. Did you see McDonald mark it?
Mr. WESTBROOK. He possibly could have he was in there.
Mr. BALL. Did you See the .gun unloaded?
Mr. WESTBROOK. No, sir; I didn't see it unloaded. When I saw it, the gun was laying on Mr. McGee's desk and the shells were out of it.