You are assuming they knew Biffle or anything about him. There were people all around on the 6th floor and Biffle mentions that he not only saw the bag but the detectives were discussing its purpose which Detective Johnson confirms.
Mr. JOHNSON. No; other than like I said, my partner picked it up and we unfolded it and it appeared to be about the same shape as a rifle case would be. In other words, we made the remark that that is what he probably brought it in.
That is why, the reason we saved it.
So you have no corroboration of Biffle seeing the bag before the gun was found. No one said there was a reporter there and Biffle did not name anyone. An unconfirmed, uncorroborated anecdote not offered as an official statement or under oath. Who knows could have been a dream.
And as for using Johnson.....
Mr. BELIN. Your testimony then is that all the sack would have been east of the pipes. Is that correct?
Mr. JOHNSON. I would say that the sack was folded up here and it was east of the pipes in the corner. To the best of my memory, that is where my partner picked it up. I was standing there when he picked it up.
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. Johnson gives us the best indication when this occurred. He was assigned an area west of the SN, essentially guarding the chicken lunch remnants, outside the arranged boxes. Once Studebaker returned following the departure of Day with the rifle, Studebaker processed the bottle and lunch sack. Johnson then moved to where Montgomery was inside the SN. This is when Montgomery "discovered" the bag.