Officer Simonello explains
his theory accounting for the body position
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To account for the neat
position of the body, officer Simonello theorized that Foster was sitting
on the berm ...
"... when he shot himself
he fell backwards... he was seated ... his hands fell to his sides and
his feet slid straight and that gave you the position that everybody described
as 'almost laid out for a funeral' ...
Officer Simonello found
Fosters glasses approximately thirteen feet from his shoes [Starr report,
page 57].
The witness who found
the body, said Foster's head was approximately one foot below the top of
the berm.
Since Foster's head
was one foot below the top of the berm and since Foster was six feet four
inches in height, his shoes would have been approximately seven feet from
the top of the berm.
The glasses were found
thirteen feet from Foster's shoes, and the length of the berm is 20-25
feet. Hence, the glasses would have been found approximately at the point
where the slope of the berm levels to the horizontal (7 ft + 13 ft =20
ft)
Figure
approximately to scale per description in Fiske Report
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The Fiske investigation
also reported that there was gunpowder found on the glasses. The Fiske
Report used the powder found on the glasses to place the glasses on Foster's
face or in his shirt pocket when the revolver was fired into his mouth
[217].
Starr reported that
Dr. Lee found bloodstains up to one mm in size on both sides of the lenses
of the glasses and concluded that "Mr. Foster was wearing the glasses
at the time the shot was fired."
How
Did The Glasses Arrive At This Location?
In order to rule out
foul play, the odd location of the glasses must be explained in a way which
does not postulate one or more persons other than Foster at the death scene.
The following material
presents three theories which purport to explain the location of the glasses
without assuming other parties were present. An analysis of each theory
is then presented followed by a conclusion and a comment.
The first theory is
from the first official investigation into Foster's death (Fiske). For
the purpose of this note, the theory is called the Fiske/Starr theory
since Starr accepted it.
The other two theories
are from Inspector Rolla, the US Park Police Inspector in charge of the
Investigation at Fort Marcy Park.
The conclusion is that
the official theories used to explain the fact that the glasses were found
thirteen feet from the body are unsatisfactory. The location
of Foster's eyeglasses at the death scene are inconsistent with Foster
having been alone at Fort Marcy Park.
The
Fiske/Starr Theory
The Fiske Report then
theorizes that the "glasses bounced down the hill" as a result of a gunshot
to the mouth[217]. Kenneth Starr declared the Fiske theory was true.
From page 58 of the Starr Report:
The
analyses and conclusions of the experts and investigators in this and prior
investigations reveal that the location where the glasses were found is
consistent with the conclusion that Mr. Foster was wearing the glasses
at the time the shot was fired.[166]
Analysis
of The Fiske/Starr Theory
The Fiske/Starr theory
postulates the glasses "bounced" thirteen feet or more uprange due to a
gunshot to the mouth .. i.e. Foster's head snapped back due to the gunshot,
the glasses were dislodged from his face and then bounced down the berm.
According to Newton's
first and second laws of motion, an object moves only in response to an
external force and then only in the direction that the force is applied.
In other words unless
a force was applied to the glasses pushing them towards the bottom of the
berm, the glasses would have merely fallen straight down.
Since no such force
is postulated by the Fiske/Starr theory, the glasses had to have fallen
straight down, then "bounced" down the berm.
The red line in the
figures below illustrates the path of the glasses per the Fiske/Starr theory.
The path is shown for both the standing and sitting positions.

Path
Of Glasses As Required By Fiske Theory
The Fiske Report also
tells us that "there was dense foliage in the area where the body was lying
[205]". In fact "... the natural foliage around Foster's body blocked his
view of Foster's hands [207]."
Thus, the Fiske/Starr
theory requires the glasses to have fallen straight down, then 'bounced'
thirteen feet or more down the berm through foliage so dense that it is
supposed to have obscured the gun in Foster's hand.
The photographs below
show the dense foliage. Click on the images to see a larger view.
Photograph of Foster leaked
to ABC news March 11, 1995
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Foster's Glasses at death
scene (photo obtained via FOIA action by Allan Favish)
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Again, here is the path
that the 'bouncing' eyeglasses had to follow per the Fiske/Starr theory.

Path
Of Glasses As Required By Fiske Theory
Experiments by the
author show that it is extremely doubtful that the Fiske/Starr
theory is possible.
A pair of old reading
glasses were dropped from a height of approximately six feet and from a
sitting position on a 45 degree berm with light vegetation (bermuda grass),
and another berm with no vegetation. Several trials were run on each berm
and from each position.
When dropped from a
sitting position, the glasses consistently came to rest between the authors
knees . When dropped from the standing position the glasses never bounced
more than a few inches from their initial landing spot.
Interested readers
are urged to repeat the experiment. After you drop the glasses and watch
them come to rest only a few inches from their landing spot, you will fully
appreciate how ludicrous the Fiske/Starr theory is.
Inspector
Rolla's Theories
During an A&E "Investigative
Reports" segment on Foster (aired October 12, 1996), Rolla was asked about
the odd location of the glasses. Inspector Rolla, apparently not satisfied
with the Fiske/Starr theory, offered two additional theories.
Rolla's
"Reflex Action" Theory
The first of Rolla's
new theories is that a "reflex" action" somehow caused Foster to jerk rapidly
forward, unseating the glasses and sending them thirteen feet or more down
the berm.
 
Rolla
Demonstrates The "Reflex Action" Theory
Analysis
Of Rolla's "Reflex Action" Theory
While this theory overcomes
the problem of the Fiske/Starr theory by postulating a "reflex action"
to propel the glasses down the berm, it is seriously flawed.
Specifically, had Foster's
"reflex action" caused him to jerk forward with enough force to send his
glasses thirteen feet or more down the berm, he would have had to have
had a second "reflex action" of some sort to make him fall in the opposite
direction.
Otherwise, the body
would have been found face down instead of on its back.

Two
"Reflex Actions" Are Required To Account For The Position Of The Body
Since the Fiske investigation
reported that there was gunpowder found on the glasses and since Starr
found that "Mr. Foster was wearing the glasses at the time the shot was
fired" both "reflex actions" would have had to occur after the .38 caliber
revolver was fired into Foster's mouth.
This is very, very
improbable, if not impossible.
Rolla's
"Throw Down" Theory
The second of Rolla's
new theories is that Foster, for reasons unexplained, removed his glasses,
threw them down the berm and then shot himself.
Rolla
Demonstrates The "Throw Down" Theory
Analysis
of Rolla's "Throw Down" Theory
The only way to align
the "throw down" theory with the official finding of gunpowder on the glasses
and the discovery of blood on the glasses (found by Dr. Lee several years
after the death, on glasses that the FBI said had no blood on them, by
the way) is to postulate that Foster threw the glasses down the berm after
the .38 was fired into his mouth.
This is impossible.
So the question,
"how could
Foster have been alone at the death scene, wearing the eyeglasses when
the gun was fired into his mouth, yet have the glasses wind up 13 feet
below Mr. Foster's feet -- 19 feet from his face?"
. . remains unanswered.
Conclusion
The task of the homicide
investigator is not to prove that the death was a suicide, but instead
to prove that the death was not a homicide.
However, in the Foster
case official investigators inverted this policy. Instead of taking
the location of the eyeglasses as evidence that Foster was not alone at
Fort Marcy Park, Fiske made up a ludicrous theory to explain how the location
of the eyeglasses fit with the finding of suicide. Kenneth Starr
blindly accepted this ludicrous theory as his own.
The location of Foster's
eyeglasses indicates that Foster was not alone at Fort Marcy Park.
The ludicrous Fiske/Starr theory explaining the location of the eyeglasses
is consistent with a pre-ordained finding of suicide.
jc
huntington
revised
12/98
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