The Discovery of 'Blood-Like Stains': A Very Bad Attempt to Bolster the Suicide Finding
About This Snippet

During the early evening of July 20th 1993, the body of White House Counsel Vincent Foster was found lying on a berm in Fort Marcy Park Va.  According to the official investigations into the Foster death, Vince Foster placed a .38 caliber handgun in his mouth and pulled the trigger.  Per the official autopsy, the bullet is supposed to have exited the back of Foster's head.  However, investigators at the scene reported that they did not see any blood around Foster's head.

Since a .38 caliber shot through the mouth and out the back of the head would blow a tremendous amount of blood and other material out behind the head of the decedent, the lack of blood behind the head is a strong indication that the death may not have occurred there, or that some other means was used to cause the death.

This lack of blood and other biological material in the vicinity of Foster's head has been problematic in the face of the official finding of suicide, and apparently concerned Starr's chief forensic scientist, Dr. Henry Lee, enough that Lee decided to look into the matter.

Since Dr. Lee began his investigation over two years after the death, any evidence of blood at the death scene would be long gone.  So Lee did the next best thing -- he examined one of the few remaining polaroid photographs of the death scene (most of the photographic evidence was supposedly ruined; there is no explanation how that occurred).

Following his examination of the polaroid photograph, Dr. Lee reported that he had observed "[r]eddish-brown, blood-like stains ... on several leaves of the vegetation" in the area around Foster's body.  Dr Lee then conjectures that "[i]f these stains are, in fact, blood spatters, this finding is consistent with the shot having been fired at the location where Mr. Foster's body was found".

Unfortunately, Renee Abt, one of the Park Police officers at the death scene and an amateur gardener, examined the foliage around the body and observed " .. raised brown spots on the leaves, which she described as "leaf disease".

The  "[r]eddish-brown, blood-like stains" Dr. Henry Lee found appear to have been leaf disease, not bloodstains. 


The discovery of "blood-like" spatter in a death scene photograph


 
One of the few remaining photographs of the Foster death scene
One of the few remaining photographs of the Foster death scene, showing the area behind Foster's head. 
(click for larger view)
In his summary of conclusions, Kenneth Starr declares that the Foster death was a suicide and summarizes the evidence supporting this finding.  In the summary, Starr says that "blood-like spatter" was observed in a photograph of the scene (emphasis added):
 
 

X.  SUMMARY OF CONCLUSIONS

 ... Dr. Lee found gunshot residue in a sample of the soil from the place where Mr. Foster was found.  He also found a bone chip containing DNA consistent with that of Mr. Foster in debris from the clothing.  Dr. Lee observed blood-like spatter on vegetation in the photographs of the scene.
Given that Starr changed Dr. Lee's finding of "gunpowder-like particles" into "gunshot residue", the term "blood-like spatter" gives us reason to look into this a bit more closely.


In a violent and supposedly unattended death by gunshot, it is crucial to establish that the decedent actually died at the location where the body was found, so as to rule out possibility of foul play.

During the early evening of July 20th 1993, the body of White House Counsel Vincent Foster was found lying on a berm in Fort Marcy Park Va. 

According to the official investigations into the Foster death, Vince Foster placed a .38 caliber handgun in his mouth and pulled the trigger.  Per the official autopsy, the bullet is supposed to have exited the back of Foster's head, leaving  a wound some 1 x 1.25  inches [2035]; however, investigators at the scene reported that they did not see any blood.
 
Excerpt from Investigator John Rolla's Death Investigation Report
Excerpt from Investigator John Rolla's Death Investigation Report
For example, John Rolla the US Park Police Investigator in charge of the death scene, wrote in his Death Investigation Report (emphasis added) [150]:
 

The blood on the ground and on his shirt appeared to still be wet.  There was no blood spatter on the plants or trees surrounding the decedent's head.
Since a .38 caliber shot through the mouth and out the back of the head would blow a tremendous amount of blood and other material out behind the head of the decedent, the lack of blood behind the head is a strong indication that the death may not have occurred there, or that some other means was used to cause the death. 


Robert Fiske merely ignored the fact that eyewitness accounts reported no blood or other matter on the vegetation behind Foster.   In his report on the Foster death of July 30, 1994, Robert Fiske never mentions the lack of blood on the vegetation. 

Starr did not ignore the lack of blood on the vegetation, Starr appears to have tried to explain the matter away.

Starr's top forensic expert, Dr. Henry Lee,  examined one of the remaining  photographs of the death scene (most of the photographic evidence of the death scene was supposedly ruined; there is no explanation how that occurred) and reported that he had seen "blood-like stains" on the vegetation.

From page 59 of the Starr Report:

    Dr. Lee stated that one photograph of the scene "shows a view of the vegetation in the areas where Mr. Foster's body was found.  Reddish-brown, blood-like stains can be seen on several leaves of the vegetation in this area."[170]  He also noted that "[a] close-up view of some of these blood-like stains can be seen in [a separate] photograph."[171]
In Footnote 171 Dr. Lee engages in speculation:
    [171] Id.  Dr. Lee said that "[i]f these stains are, in fact, blood spatters, this finding is consistent with the shot having been fired at the location where Mr. Foster's body was found."  Id.
Perhaps  ... if the "blood-like stains" are really blood spatters. 

Clearly, this attempt to support Starr's suicide finding is valid only if the "stains are, in fact, blood spatters". 


Leaf Disease ...

In his book on the Foster death Dan Moldea reports that he discussed the lack of blood on the vegetation behind Foster's head with Renee Abt, one of the US Park Police officers who responded to the death scene.   Moldea reports (emphasis added):

    USPP Investigator Renee Abt told me that she, along with other police investigators at the crime scene, had specifically examined the foliage around Foster's body for blood but found none.  However, Abt, a gardener, did observe minuscule raised brown spots on the leaves, which she described as "leaf disease".1

 Summary

 There you have it:

  • Trained police investigators at the death scene examined the foliage around Foster's body and found no blood.
    Years later, Dr. Henry Lee examined one of the few remaining polaroid photographs of the scene and declares that he observed "blood-like" spatter on the vegetation.  Dr. Lee then speculates that "if these stains are, in fact, blood spatters, this finding is consistent with the shot having been fired at the location where Mr. Foster's body was found".
  • This "blood-like spatter" appears to have been leaf disease, not blood.


1: Dan Moldea, A Washington Tragedy: How the Death of Vincent Foster Ignited a Political Firestorm, Regnery Publishing, Inc; footnote 74 page 443.

Citations in brackets are to page numbers of the two 1994 Senate Whitewater Hearings Volumes [S. Hrg. 103-889, Volumes I & II] and of the 1994 Report Volume [Rept. 103-433, Volume I]. 

     
     jc huntington
    revised 10/98

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