Oswald's sack in the Sniper's nest.

[Colin Crow]

Mr. BELIN. When Captain Fritz told you to preserve the scene, what did you do?
Mr. JOHNSON. Now you got to remember he told L. D. Montgomery, my partner, and I to preserve the scene, and we remained there near that corner.
Now over to the right, which would be back toward the west of the window, there was a lunch sack--a brown paper bag--and some remnants of fried chicken, and a pop bottle.
And I stayed closer to that pop bottle while we were waiting for the crime lab to finish their work.
Mr. BELIN. Now there was a sack and a pop bottle. Was there anything else other than the sack and the pop bottle?
Mr. JOHNSON. And the remnants of fried chicken.
Mr. BELIN. The remnants of fried chicken, was that right by that window, or was it by another set of windows?
Mr. JOHNSON. That was by some other window.
Mr. BELIN. Now there are, I believe, on the south side of the building, seven pairs of windows?
Mr. JOHNSON. I didn't count them. I couldn't say.
Mr. BELIN. Would you say it was toward the east, or the west, or the center?
Mr. JOHNSON. Where the sack was?
Mr. BELIN. Yes.
Mr. JOHNSON. It would be toward the west. I believe the next set of windows to my--I am pretty sure it was.
Mr. BELIN. You said it would be in the second pair of windows counting from the east wall?
Mr. JOHNSON. To the west.
Mr. BELIN. Is where you found it, was it between the second and the third set of windows or between the first and the second, or right by the second?
Mr. JOHNSON. Right by the second pair of windows.
Mr. BELIN. Now you stayed over there?
Mr. JOHNSON. Yes, sir.
Mr. BELIN. And your partner, Detective Montgomery, stayed over by the first pair of windows?
Mr. JOHNSON. By the corner.
Mr. BELIN. By the corner window, southwest corner of the sixth floor?
Were you there when Lieutenant Day and Studebaker came in to take pictures?
Mr. JOHNSON. Yes, sir.
Mr. BELIN. Do you know of your own personal knowledge whether anything prior to the time that they took the first set of pictures up had been moved there?
Mr. JOHNSON. No, sir; as far as I know, they hadn't been moved. They weren't supposed to have been, and that was our job to keep them out of there, and nobody came in there, I am pretty sure.
Mr. BELIN. All right. Now, a rifle was found on the sixth floor, was it not?
Mr. JOHNSON. Yes, sir.
Mr. BELIN. When the rifle was found, did you leave your post?
Mr. JOHNSON. No, sir.
Mr. BELIN. What about Detective Montgomery?
Mr. JOHNSON. No, sir.

Johnson guarded the crime scene where the lunch remnants were. At the second set of windows. Montgomery guarded the first set, the SN. They did not leave to view the rifle. When the rifle was found Day and Studebaker left to go the the NW corner. The only crime scene processing of the SN to that time was the two pictures taken by Studebaker of the shells and some preliminary dusting of the shells by Day.

Studebaker returned to the SN after Day departed the TSBD with the rifle about 2pm.


Mr. BELIN. You were standing there when he picked it up?
Mr. JOHNSON. Yes, because the Crime Lab was already finished where I was, and I had already walked off to where he was.

The bag was found by Montgomery after Studebaker had finished processing the lunch remnants by the second set of windows and Johnson moved into the SN.

[Charles Collins]

Mr. BELIN. When Captain Fritz told you to preserve the scene, what did you do?
Mr. JOHNSON. Now you got to remember he told L. D. Montgomery, my partner, and I to preserve the scene, and we remained there near that corner.
Now over to the right, which would be back toward the west of the window, there was a lunch sack--a brown paper bag--and some remnants of fried chicken, and a pop bottle.
And I stayed closer to that pop bottle while we were waiting for the crime lab to finish their work.
Mr. BELIN. Now there was a sack and a pop bottle. Was there anything else other than the sack and the pop bottle?
Mr. JOHNSON. And the remnants of fried chicken.
Mr. BELIN. The remnants of fried chicken, was that right by that window, or was it by another set of windows?
Mr. JOHNSON. That was by some other window.
Mr. BELIN. Now there are, I believe, on the south side of the building, seven pairs of windows?
Mr. JOHNSON. I didn't count them. I couldn't say.
Mr. BELIN. Would you say it was toward the east, or the west, or the center?
Mr. JOHNSON. Where the sack was?
Mr. BELIN. Yes.
Mr. JOHNSON. It would be toward the west. I believe the next set of windows to my--I am pretty sure it was.
Mr. BELIN. You said it would be in the second pair of windows counting from the east wall?
Mr. JOHNSON. To the west.
Mr. BELIN. Is where you found it, was it between the second and the third set of windows or between the first and the second, or right by the second?
Mr. JOHNSON. Right by the second pair of windows.
Mr. BELIN. Now you stayed over there?
Mr. JOHNSON. Yes, sir.
Mr. BELIN. And your partner, Detective Montgomery, stayed over by the first pair of windows?
Mr. JOHNSON. By the corner.
Mr. BELIN. By the corner window, southwest corner of the sixth floor?
Were you there when Lieutenant Day and Studebaker came in to take pictures?
Mr. JOHNSON. Yes, sir.
Mr. BELIN. Do you know of your own personal knowledge whether anything prior to the time that they took the first set of pictures up had been moved there?
Mr. JOHNSON. No, sir; as far as I know, they hadn't been moved. They weren't supposed to have been, and that was our job to keep them out of there, and nobody came in there, I am pretty sure.
Mr. BELIN. All right. Now, a rifle was found on the sixth floor, was it not?
Mr. JOHNSON. Yes, sir.
Mr. BELIN. When the rifle was found, did you leave your post?
Mr. JOHNSON. No, sir.
Mr. BELIN. What about Detective Montgomery?
Mr. JOHNSON. No, sir.

Johnson guarded the crime scene where the lunch remnants were. At the second set of windows. Montgomery guarded the first set, the SN. They did not leave to view the rifle. When the rifle was found Day and Studebaker left to go the the NW corner. The only crime scene processing of the SN to that time was the two pictures taken by Studebaker of the shells and some preliminary dusting of the shells by Day.

Studebaker returned to the SN after Day departed the TSBD with the rifle about 2pm.


Mr. BELIN. You were standing there when he picked it up?
Mr. JOHNSON. Yes, because the Crime Lab was already finished where I was, and I had already walked off to where he was.

The bag was found by Montgomery after Studebaker had finished processing the lunch remnants by the second set of windows and Johnson moved into the SN.

The bag was found by Montgomery after Studebaker had finished processing the lunch remnants by the second set of windows and Johnson moved into the SN.

He asked if he was standing there when he picked it up (not when it was found). Your conclusion is unfounded. (pun intended)

[Colin Crow]

The wrapper was in a folded state when "found". Only after picking it up and unfolding it could it be presumed to be used to transport the rifle. In references to the bag's discovery both Montgomery and Johnson used the term "we" when testifying. I contend your nits to be picked Charles. The bag was "discovered" after the rifle.

[Charles Collins]

The wrapper was in a folded state when "found". Only after picking it up and unfolding it could it be presumed to be used to transport the rifle. In references to the bag's discovery both Montgomery and Johnson used the term "we" when testifying. I contend your nits to be picked Charles. The bag was "discovered" after the rifle.

Carl Day was there and these are his words:

There was a bag laying there, at the first thing, there was a brown paper bag...


I interpret "at the first thing" to mean when Day first arrived at the scene. Do you have another interpretation that supports your unfounded conclusion?

[Colin Crow]

Carl Day was there and these are his words:

There was a bag laying there, at the first thing, there was a brown paper bag...


I interpret "at the first thing" to mean when Day first arrived at the scene. Do you have another interpretation that supports your unfounded conclusion?

Mr. BELIN. Could you read what you wrote on there?
Mr. DAY. "Found next to the sixth floor window gun fired from. May have been used to carry gun. Lieutenant J. C. Day."
Mr. BELIN. When did you write that?
Mr. DAY. I wrote that at the time the sack was found before it left our possession.

Mr. BELIN. What did you do with the bag after you found it and you put this writing on after you dusted it?
Mr. DAY. I released it to the FBI agent.

At this point Day's trousers burst into flames.

Mr. BALL. How long was it, approximately?
Mr. STUDEBAKER. I don't know - I picked it up and dusted it and they took it down there and sent it to Washington and that's the last I have seen of it, and I don't know.
Mr. BALL. Did you take a picture of it before you picked it up?
Mr. STUDEBAKER. No.
Mr. BALL. Does that sack show in any of the pictures you took?
Mr. STUDEBAKER. No; it doesn't show in any of the pictures.
Mr. BALL. Was it near the window?
Mr. STUDEBAKER. Yes, sir.
Mr. BALL. Which way from the window?
Mr. STUDEBAKER. It was east of the window.
Mr. BALL. Over in the corner?
Mr. STUDEBAKER. Over in the corner - in the southeast corner of the building, in the far southeast corner, as far as you can get is where it was.
Mr. BALL. You say you dusted it?
Mr. STUDEBAKER. With that magnetic powders.
Mr. BALL. Did you lift any prints?
Mr. STUDEBAKER. There wasn't but just smudges on it - is all it was. There was one little ole piece of a print and I'm sure I put a piece of tape on it preserve it.
Mr. BALL. Well, then, there was a print that you found on it?
Mr. STUDEBAKER. Yes; just a partial print.
Mr. BALL. The print of a finger or palm or what?
Mr. STUDEBAKER. You couldn't tell, it was so small.
Mr. BALL. But you did dust it and lift some print?
Mr. STUDEBAKER. Yes.
Mr. BALL. When you say you taped it, what did you do, cover it with some paper?
Mr. STUDEBAKER. We have - it's like a Magic Mending Tape, only we use it just strictly for fingerprinting.
Mr. BALL. Let's stick with the paper.
Mr. STUDEBAKER. Well, on the paper I put a piece of 1 inch tape over it - I'm sure I did.
Mr. BALL. After you dusted the print, you put a 1 inch tape over it?
Mr. STUDEBAKER. Yes, sir.

It was "found" by Montgomery and Johnson after Day and Studebaker went to look at the rifle. It was not dusted by Day on the sixth floor. I doubt it was even dusted by Studebaker. I believe he dusted the lunch sack and the bottle.

[Colin Crow]

Carl Day was there and these are his words:

There was a bag laying there, at the first thing, there was a brown paper bag...


I interpret "at the first thing" to mean when Day first arrived at the scene. Do you have another interpretation that supports your unfounded conclusion?

Not under oath and years later. I contend Day was not the most careful of witnesses with the truth. Similar to Biffle's piffle.

[Jack Nessan]

Thanks Pat. So you are acknowledging that:

“So this leaves the possibility Day saw the bag in the sniper's nest upon his first arrival, and that he thought he'd get back to it upon his return from the crime lab.”

Instead of saying “...Day hadn’t actually seen the bag...”

By the way I purchased the video of Day’s last oral history from the Sixth Floor Museum a while back. He was ninety something. And during the conversation he was looking at photos taken at the crime scene. He was having difficulty orienting things. It is apparent to me that his memory was somewhat faded. In 1996, he says that he hasn’t read any of the conspiracy books. So it is understandable that he might have remembered incorrectly and thought that the east wall was the north wall. The diagram he made shows where he saw the bag. “To the best of his knowledge” simply implies that he cannot be sure that it wasn’t moved before he got there and saw it in the corner.

Actually I think the discovery by Patrick of the bag in the picture does prove what Biffle stated on 11/22 and Day on 7/11/06:

" We all stood around staring at the brown wrapping paper found nearby."

 The Bag was discovered "nearby" and placed on top of the boxes before they realized its importance. In an odd way it validates the evidence collection because after realizing the mistake, Day decided to not stage the location of the bag and photograph the bag because it had been moved. They never wanted to admit the mistake by one of the detectives.

This is also what Day stated in his last statement.
"They had posted guards or something around it and they didn't have the sense to leave things alone. And they'd got in there and picked up a sack that was in this corner. And we didn't get a picture of it. But there was a sack right in that corner...the brown paper bag. It was the one he was supposed to have brought curtain rods in. Well, they picked it up while I was gone, and I didn't get a picture of it while it was sitting there."

[Charles Collins]

Not under oath and years later. I contend Day was not the most careful of witnesses with the truth. Similar to Biffle's piffle.

You make several unfounded ad hoc conclusions. And then call Day and Biffle liars because their eyewitness accounts don’t agree with your opinion.