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Author Topic: Free Book Now Available -- Hasty Judgment: Why the JFK Case Is Not Closed  (Read 34688 times)

Offline Tim Nickerson

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I really don't care what your Kook mates say, the backyard photos were taken from different positions but why believe me, a picture's worth a thousand words.

In the following gif I lined up 3 palings of the fence and as can be seen there is literally a bazillion parallax changes, the building, window and roof behind shifts, all the stairs and supporting post show major perspective changes as do the other posts on the right side, the windows and shutter also demonstrate this difference in the cameras location. So in conclusion, I'll state the bleeding obvious once again, there is absolutely no possible way to take 1 photo and tilt it to create all the following parallax changes because all the objects within the image are shifting relative to each other.



JohnM

Michael Griffiths calls that abject quackery.  He has got himself so mired in the Kook bog that he'll never get out.

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Offline Tim Nickerson

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You still have not read my chapter on the backyard photos in Hasty Judgment, have you? Or did you overlook the fact that I note therein that the Houston Post contacted a photographic expert at Texas Tech University, Dr. Hershel Womack, regarding the DPD backyard rifle prints.

If you would read chapter 5, you would see that I corresponded with Dr. Womack about the backyard rifle photos. I include two of Dr. Womack’s e-mails to me regarding the photos, in which he explained some of the indications of tampering in them.
 

So you are going to rely on one giant appeal to authority? Is that it? I notice that you guys only insist on “trusting the experts” when they say what you want to hear. Do you regard the HSCA acoustical experts with the same slavish reverence? I’m guessing the answer is a big, whopping No.

It is almost as if you guys were born yesterday when it comes to your willingness to gullibly, uncritically accept whatever this or that government-hired expert says—that is, as long as he says what you are determined to believe.

Should we take several pages and go through the instances, in the JFK case alone, where government experts goofed, misrepresented their own experiments or the experiments of others, suppressed evidence that did not fit their conclusions, rigged their tests, etc., etc.? 

Yeah, well, after your reply, Mr. Mytton made the ludicrous claim that the backyard photos’ backgrounds are not virtually identical. Mytton might want to start by reading the HSCA PEP’s report, wherein the panel acknowledged that they found only “very small” differences in the background after photogrammetrically measuring them. This is especially telling because the PEP made this observation because outside experts had noted the virtual sameness of the backgrounds, but the panel didn’t bother to explain how in the world photos taken in the alleged manner could have produced backgrounds that were so similar that the variations between them could only be detected by photogrammetric measurement.

Then, perhaps Mytton will address the facts I present in my article “The HSCA and Fraud in the Backyard Rifle Photos”:

https://miketgriffith.com/files/fraud.htm
 

Except for the failure to take a single photo of the print before lifting it—Lt. Day surely knew that such photos would be strong evidence of the print’s presence on the rifle on 11/22. Except for the unexplained delay in getting the print to FBI HQ. Except for Lt. Day’s sworn assertion that the print was still visible on the barrel when he gave the rifle to Drain, whereas Drain stated that Day said nothing about a print on the rifle barrel. Except for the unexplained visit of FBI agents to the funeral home to take prints of Oswald’s fingers and hands—gee, what was that all about? Except for the inexplicable silence of the DPD for several days about finding a palmprint on the rifle, when the DPD rushed to tell journalists about every other piece of seemingly incriminating evidence that they found. Except for the absence of any trace of fingerprint processing on the barrel when Latona examined the rifle on 11/23.
 

I think you might be right. Perhaps the memo was referring to the trigger-guard prints. But, as we’ll see in a moment, Scalice’s statements raise some interesting questions.

Yes, but notice that Scalice could only identify five characteristics/points of identity when he reportedly examined the palmprint itself. The minimum number of matching characteristics for a print identification to be considered positive is 10. Some experts say 12 is the minimum number. Scalice could only find five, which might be why he decided to examine enlarged negatives of the print. But why could Scalice only see five characteristics on the palmprint itself but more on the negatives of the print?

And, of course, the palmprint is only valid evidence if it was not planted on the rifle barrel. If the palmprint was planted on the rifle after Oswald was killed, obviously it is worthless as evidence against him, and that’s why the glaring holes in the print’s chain of evidence are so important.
 

I explained that Day had ample time to take 1 or 2 minutes to photograph the most important palmprint he would ever (supposedly) lift. Even if we buy the story that he was being rushed, he, as a senior crime-scene detective, surely could and would have said, “Ok, give me just a minute, because I need to take a photo of this palmprint.” Whoever was supposedly rushing him certainly would have understood the need to photograph the print in situ on the barrel. A rookie cop fresh from the police academy would have known this.

When Lt. Day was asked why he had not made a photograph of the palmprint, he claimed that he had been told by DPD Chief Curry “to go no further with the processing,” which is an unbelievable tale in and of itself. But in an earlier interview with the FBI, Day had claimed that he had not received this instruction from Curry until immediately before the rifle was due to be sent to Washington, more than three hours after he had worked on the prints (26 H 832-833 vs. CE 3145:7). So this “he was rushed” dog just won’t hunt.
 

“Minor inconsistencies”? “Minor”? He swore the print was still visible when he handed over the rifle. He knew he was supposed to photograph the print before lifting it, and he had ample time to do so. He somehow found the time to photograph the partial prints on the trigger guard, but supposedly just couldn’t squeeze in a minute or two to photograph the much more crucial palmprint. He said he told Drain about the palmprint on the barrel when he gave him the rifle, but Drain said he did not.

And we should pause to note that even the “we can see the emperor’s new clothes” Warren Commission doubted the authenticity of the palmprint and therefore asked Lt. Day to sign a separate affidavit about his lifting and processing of the print, and that Lt. Day refused to do so.

You realize that Agent Drain was in Dallas on 11/26, right? If Drain got the palmprint on 11/26, why did it not get to FBI HQ until 11/29? Every other item on that 11/26 DPD “Property Clerk’s Invoice or Receipt” arrived at FBI HQ the next day, 11/27. But the palmprint did not arrive until 11/29, as even Bugliosi acknowledges.

Again, why the delay? Why were items that were far less incriminating rushed to FBI HQ but not the palmprint? Did Drain need to wait until the FBI agents brought Oswald’s prints back from the funeral home?

You are aware that Agent Drain told Henry Hurt that he did not believe the palmprint was on the rifle on 11/22 but that it was planted, right? (Hurt, Reasonable Doubt: An Investigation into the Assassination of John F. Kennedy, New York: Henry Holt and Company, 1985, p. 109)

==================================================================================
Yes, but notice that Scalice could only identify five characteristics/points of identity when he reportedly examined the palmprint itself. The minimum number of matching characteristics for a print identification to be considered positive is 10. Some experts say 12 is the minimum number. Scalice could only find five, which might be why he decided to examine enlarged negatives of the print. But why could Scalice only see five characteristics on the palmprint itself but more on the negatives of the print?
==================================================================================

I'll  address the post tonight but for now  I just wanted to address this part of it. The five points that Scalice identified did not have to do with print identification. They had to do with matching the lift to the barrel of the rifle. Scalice didn't say how many points of identity that he found to make the determination that the palmprint was Oswald's.

Online Jerry Organ

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Except for Lt. Day’s sworn assertion that the print was still visible on the barrel when he gave the rifle to Drain, whereas Drain stated that Day said nothing about a print on the rifle barrel.
....
You are aware that Agent Drain told Henry Hurt that he did not believe the palmprint was on the rifle on 11/22 but that it was planted, right? (Hurt, Reasonable Doubt: An Investigation into the Assassination of John F. Kennedy, New York: Henry Holt and Company, 1985, p. 109)

    "Rusty was standing by as lieutenant Day gave the rifle to Drain. Rusty told me that
     Drain was in a hurry to leave and was distracted by another FBI agent who was
     hurrying him to leave. According to Rusty, 'Drain was half listening to Lieutenant Day
     and half to the other FBI man and evidently didn't get the word about the palm plant
     at the time.'"
          -- JFK first Day Evidence, Gary Savage, 1993
              "Rusty" is Crime Lab Det. Richard W. Livingston, with the DPD 1951-74.

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Offline Michael T. Griffith

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As late as August 1964, WC attorneys Wesley Liebeler, Burt Griffin, and David Slawson had serious doubts about Lt. Day’s claims regarding the palmprint. In a memo dated August 28, 1964, Liebeler expressed the reasons for these doubts to J. Lee Rankin, the WC’s chief counsel, and told Rankin that he, Griffin, and Slawson believed that further investigation was needed. Liebeler even outlined issues that needed to be pursued. The HSCA was nice enough to enter the memo into the record. Here it is:

Quote
JFK Exhibit No. 34
[Memorandum]
AUGUST 28, 1964

To: J . Lee Rankin .
From: Wesley J . Liebeler.

Messrs. Griffin and Slawson and I raise questions covering the palmprint which Lt. Day of the Dallas Police Department testified he lifted from the underside of the barrel of the K-1 rifle on November 22, 1963. That story is set forth on pages 7-10 of the proposed final draft of Chapter IV of the Report, copies of which are attached.

We suggest that additional investigation be conducted to determine with greater certainty that the palmprint was actually lifted from the rifle as Lt. Day has testified. The only evidence we presently have on that print is the testimony of Lt. Day himself. He has stated that although he lifted the palmprint on November 22, 1963, he did not provide a copy of the lift to the FBI until November 26, 1963 (9 R 260-61). He also testified that after the lift he "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." Mr. Latona of the FBI testified with respect to the lift of the palmprint that "evidently the lifting had been so complete that there was nothing left to show any marking on the gun itself as to the existence of such—even an attempt on the part of anyone else to process the rifle" (Id. at 24).

Additional problems are raised by the fact that:

(1) Agent Latona testified that the poor finish of the K-1 rifle made it absorbent and not conducive to getting a good print;

(2) None of the other prints on the rifle could be identified because they were of such poor quality;

(3) The other prints on the rifle were protected by cellophane while the area where the palmprint had been lifted was not, even though Lt. Day testified that after the lift the "([palm] print on gun was their best bet, still remained on there," when he was asked why he had not released the lift to the FBI on November 22, 1963.

We should review the above circumstances at our conference with Agent Latona and Inspector Malley. The configuration of the palmprint should be reviewed to determine, if possible, whether or not it was removed from a cylindrical surface . The possibility that the palmprint or evidence of the lift was destroyed while the rifle was in transit should be reviewed with them. The exact condition of the rifle at the time It was turned over to the FBI Dallas office should be ascertained . Agent Latona should be asked if he can think of any explanation for the apparent conflict in the above testimony.

We should also:

(1) Determine whether or not Lt. Day had assistance when he worked with the prints on the rifle. If he did, we should obtain statements from those who assisted him.

(2) Lt. Day should be asked why he preserved the fingerprints on the rifle, which were not sufficiently clear to make positive identification, and yet did not preserve the palmprint, which was clear enough for that purpose.

(3) Lt. Day should also be asked why he removed only the palmprint and should be re-questioned covering his recollection that he saw the palmprint still on the rifle after he made the lift.

(4) Lt. Day should be asked if he took any photographs of the palmprint on the rifle after the lift. He may have done so, since he did photograph the less valuable fingerprints, and the palmprint on the rifle, according to his testimony, was still the "best bet" for identification. It is also significant that Lt. Day stated that he was going to attempt to get a better print through use of photography. (11 HSCA 218-219, my emphasis)

No wonder the WC asked Lt. Day to sign a separate affidavit about his processing of the palmprint, and no wonder Day refused.

As for the belated tale that Agent Drain wasn't paying attention to Day when Day supposedly told him about the print on the barrel, Drain told Henry Hurt that he was certain Day did not say a word about any print on the barrel when he handed over the rifle. Hurt interviewed Day as well, and Day repeated his tale that he both told Drain about the print, showed him where it was, and advised him to ensure the area of the print was not disturbed en route the FBI HQ:

Quote
In 1984, the author interviewed both Lieutenant Day and Agent Drain about the mysterious print. Day remains adamant that the Oswald print was on the rifle when he first examined it a few hours after the shooting. Moreover, Day stated that when he gave the rifle to Agent Drain, he pointed out to the FBI man both the area where the print could be seen and the fingerprint dust used to bring it out. Lieutenant Day states that he cautioned Drain to be sure the area was not disturbed while the rifle was in transit to the FBI laboratory.

Drain flatly disputes this, claiming that Day never showed him such a print. "I just don't believe there was ever a print," said Drain. He noted that there was increasing pressure on the Dallas police to build evidence in the case. (Reasonable Doubt, p. 109)

« Last Edit: July 04, 2020, 11:04:51 PM by Michael T. Griffith »

Offline John Iacoletti

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I'll  address the post tonight but for now  I just wanted to address this part of it. The five points that Scalice identified did not have to do with print identification. They had to do with matching the lift to the barrel of the rifle.

And like in the Hoover memo, there is nothing beyond a claim that this was done.
« Last Edit: July 04, 2020, 11:29:55 PM by John Iacoletti »

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Offline John Iacoletti

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    "Rusty was standing by as lieutenant Day gave the rifle to Drain. Rusty told me that
     Drain was in a hurry to leave and was distracted by another FBI agent who was
     hurrying him to leave. According to Rusty, 'Drain was half listening to Lieutenant Day
     and half to the other FBI man and evidently didn't get the word about the palm plant
     at the time.'"
          -- JFK first Day Evidence, Gary Savage, 1993
              "Rusty" is Crime Lab Det. Richard W. Livingston, with the DPD 1951-74.

Of course. And Day just let the matter drop, because that’s what crime lab officers do when they are instructed to turn over ALL the evidence they have to the FBI.

Offline Tim Nickerson

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You still have not read my chapter on the backyard photos in Hasty Judgment, have you? Or did you overlook the fact that I note therein that the Houston Post contacted a photographic expert at Texas Tech University, Dr. Hershel Womack, regarding the DPD backyard rifle prints.

If you would read chapter 5, you would see that I corresponded with Dr. Womack about the backyard rifle photos. I include two of Dr. Womack’s e-mails to me regarding the photos, in which he explained some of the indications of tampering in them.

You stated that the Houston Post acknowledged that the backyard photos show stages of manipulation in the production. In reality, it was just Mary LaFontaine pushing the Conspiracy Buff narrative. Womack said nothing at all about his own examination of the autopsy photos and negative(s). He never said that they showed any signs of fakery or alteration. His comment was only in regards to the matte photograph. Even in his emails to you, he's not giving opinion based on an actual examination of the photos themselves. Nor does he even claim outright that the copies he looked at are fake. He's not even accurately describing the photos. His descriptions sound rather amateurish.
 
Quote
So you are going to rely on one giant appeal to authority? Is that it? I notice that you guys only insist on “trusting the experts” when they say what you want to hear. Do you regard the HSCA acoustical experts with the same slavish reverence? I’m guessing the answer is a big, whopping No.

It is almost as if you guys were born yesterday when it comes to your willingness to gullibly, uncritically accept whatever this or that government-hired expert says—that is, as long as he says what you are determined to believe.

The comparison between the two isn't even close to being apt. The National Academy of Sciences panel had at its disposal all of the material that BRSW had. Their examination of that material was not as rushed and was more thorough. Those who question the authenticity of the backyard photos have never examined the actual photos or the negative(s), or the camera that took them.

Quote
Should we take several pages and go through the instances, in the JFK case alone, where government experts goofed, misrepresented their own experiments or the experiments of others, suppressed evidence that did not fit their conclusions, rigged their tests, etc., etc.? 

Sure, go ahead.

Quote
Yeah, well, after your reply, Mr. Mytton made the ludicrous claim that the backyard photos’ backgrounds are not virtually identical. Mytton might want to start by reading the HSCA PEP’s report, wherein the panel acknowledged that they found only “very small” differences in the background after photogrammetrically measuring them. This is especially telling because the PEP made this observation because outside experts had noted the virtual sameness of the backgrounds, but the panel didn’t bother to explain how in the world photos taken in the alleged manner could have produced backgrounds that were so similar that the variations between them could only be detected by photogrammetric measurement.

Then, perhaps Mytton will address the facts I present in my article “The HSCA and Fraud in the Backyard Rifle Photos”:

https://miketgriffith.com/files/fraud.htm

The claim that the backyard photos’ backgrounds are not virtually identical is not ludicrous at all. John Mytton has made it plain for all of us to see. None of us need to be photogammetrists in order to see it. It's right there. And not just within the section that bordered in red.



Why don't you send that to Dr Womack and get his opinion on it?
 
Quote
Except for the failure to take a single photo of the print before lifting it—Lt. Day surely knew that such photos would be strong evidence of the print’s presence on the rifle on 11/22. Except for the unexplained delay in getting the print to FBI HQ. Except for Lt. Day’s sworn assertion that the print was still visible on the barrel when he gave the rifle to Drain, whereas Drain stated that Day said nothing about a print on the rifle barrel. Except for the unexplained visit of FBI agents to the funeral home to take prints of Oswald’s fingers and hands—gee, what was that all about? Except for the inexplicable silence of the DPD for several days about finding a palmprint on the rifle, when the DPD rushed to tell journalists about every other piece of seemingly incriminating evidence that they found. Except for the absence of any trace of fingerprint processing on the barrel when Latona examined the rifle on 11/23.
 
By Day's four month old recollection, signs of the print were still visible on the barrel when he gave it to Drain. Day was mistaken. His recollection was faulty.

Regarding the alleged visit by the FBI to the funeral home, it was a claim made by Paul Groody some three decades after the fact. Groody said that the Agents had left ink all over Oswald's hands. There are a couple of problems with your suggection that the FBI planted Oswald's palm print on the barrel of the rifle then. One, any ink on the lift of the print would not have gone unnoticed by Latona or any of the others who examined it. Two, the FBI had handed the rifle back over to the DPD at 3:40 PM  on the 24th. According to Groody, he never even got to the funeral home with the body until around 11 o'clock that night.



Quote
I think you might be right. Perhaps the memo was referring to the trigger-guard prints. But, as we’ll see in a moment, Scalice’s statements raise some interesting questions.
 
Yes, but notice that Scalice could only identify five characteristics/points of identity when he reportedly examined the palmprint itself. The minimum number of matching characteristics for a print identification to be considered positive is 10. Some experts say 12 is the minimum number. Scalice could only find five, which might be why he decided to examine enlarged negatives of the print. But why could Scalice only see five characteristics on the palmprint itself but more on the negatives of the print?

I'll just repost this:

The five points that Scalice identified did not have to do with print identification. They had to do with matching the lift to the barrel of the rifle. Scalice didn't say how many points of identity that he found to make the determination that the palmprint was Oswald's.

Quote
And, of course, the palmprint is only valid evidence if it was not planted on the rifle barrel. If the palmprint was planted on the rifle after Oswald was killed, obviously it is worthless as evidence against him, and that’s why the glaring holes in the print’s chain of evidence are so important.

The "palmprint being planted after Oswald was killed" notion is abject quackery, if I may use that term.
 
Quote
I explained that Day had ample time to take 1 or 2 minutes to photograph the most important palmprint he would ever (supposedly) lift. Even if we buy the story that he was being rushed, he, as a senior crime-scene detective, surely could and would have said, “Ok, give me just a minute, because I need to take a photo of this palmprint.” Whoever was supposedly rushing him certainly would have understood the need to photograph the print in situ on the barrel. A rookie cop fresh from the police academy would have known this.

When Lt. Day was asked why he had not made a photograph of the palmprint, he claimed that he had been told by DPD Chief Curry “to go no further with the processing,” which is an unbelievable tale in and of itself. But in an earlier interview with the FBI, Day had claimed that he had not received this instruction from Curry until immediately before the rifle was due to be sent to Washington, more than three hours after he had worked on the prints (26 H 832-833 vs. CE 3145:7). So this “he was rushed” dog just won’t hunt.
 
“Minor inconsistencies”? “Minor”? He swore the print was still visible when he handed over the rifle. He knew he was supposed to photograph the print before lifting it, and he had ample time to do so. He somehow found the time to photograph the partial prints on the trigger guard, but supposedly just couldn’t squeeze in a minute or two to photograph the much more crucial palmprint. He said he told Drain about the palmprint on the barrel when he gave him the rifle, but Drain said he did not.


Day was told by Curry to go no further with the processing. He had not yet got around to photographing the print.  He may have had plenty of time to do so prior to that but he just never got around to doing it. Criticize him all you want for failing to do so but it won't alter the fact the he lifted that print.  I believe him. He was an honest man. The "he was rushed" dog hunts very well.

Quote
And we should pause to note that even the “we can see the emperor’s new clothes” Warren Commission doubted the authenticity of the palmprint and therefore asked Lt. Day to sign a separate affidavit about his lifting and processing of the print, and that Lt. Day refused to do so.

Day felt no need to sign an affidavit. If he had something else to offer than what he said under oath, or as a clarification or correction,  then he would have. Like with his June 1964 affidavit regarding the hulls.

Quote
You realize that Agent Drain was in Dallas on 11/26, right? If Drain got the palmprint on 11/26, why did it not get to FBI HQ until 11/29? Every other item on that 11/26 DPD “Property Clerk’s Invoice or Receipt” arrived at FBI HQ the next day, 11/27. But the palmprint did not arrive until 11/29, as even Bugliosi acknowledges.

Again, why the delay? Why were items that were far less incriminating rushed to FBI HQ but not the palmprint? Did Drain need to wait until the FBI agents brought Oswald’s prints back from the funeral home?

https://texashistory.unt.edu/ark:/67531/metapth339534/

"This is a list of evidence released to the FBI from our crime lab 11-26-63."

Drain got the lift of the palm print on Nov 26. Not sure why he held onto it until the 29th. How have you determined that every other item on 11/26 DPD “Property Clerk’s Invoice or Receipt” arrived at FBI HQ the next day, 11/27?

Quote
You are aware that Agent Drain told Henry Hurt that he did not believe the palmprint was on the rifle on 11/22 but that it was planted, right? (Hurt, Reasonable Doubt: An Investigation into the Assassination of John F. Kennedy, New York: Henry Holt and Company, 1985, p. 109)

I am aware that, according to Henry Hurt,  Drain told Hurt that he did not believe the palmprint was on the rifle on 11/22. I wasn't aware that he said that he thought it was planted.  Are you aware that Agent Drain told Larry Sneed that he believed Day to be an honest man?
« Last Edit: July 05, 2020, 05:00:50 AM by Tim Nickerson »

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Offline Tim Nickerson

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    "Rusty was standing by as lieutenant Day gave the rifle to Drain. Rusty told me that
     Drain was in a hurry to leave and was distracted by another FBI agent who was
     hurrying him to leave. According to Rusty, 'Drain was half listening to Lieutenant Day
     and half to the other FBI man and evidently didn't get the word about the palm plant
     at the time.'"
          -- JFK first Day Evidence, Gary Savage, 1993
              "Rusty" is Crime Lab Det. Richard W. Livingston, with the DPD 1951-74.

 Thumb1: I have to get a copy of that book.