You wanted corroboration that they stood around and talked about the bag and you got it.
Studebaker did not first pick up the bag Montgomery did.
Mr. JOHNSON. Yes, sir. We found this brown paper sack or case. It was made out of heavy wrapping paper. Actually, it looked similar to the paper that those books was wrapped in. It was just a long narrow paper bag.
Mr. BELIN. Where was this found?
Mr. JOHNSON. Right in the corner of the building.
Mr. BELIN. On what floor?
Mr. JOHNSON. Sixth floor.
Mr. BELIN. Which corner?
Mr. JOHNSON. Southeast corner.
Mr. BELIN. Do you know who found it?
Mr. JOHNSON. I know that the first I saw of it, L. D. Montgomery, my partner, picked it up off the floor, and it was folded up, and he unfolded it.
Mr. BELIN. When it was folded up, was it folded once or refolded?
Mr. JOHNSON. It was folded and then refolded. It was a fairly small package.
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.
It is not quite that simple. Patrick Jackson solved the mystery of why the bag was not photographed . They had picked it up and moved it. Biffle confirms the event.
No mention of Studebaker doing anything first.
I have no doubt the bag was on the sixth floor Jack. I propose that the picture shows the bag at some time around 2pm or so. The rifle was found about 1.22pm (from memory). As for using Johnson to claim that Biffle's claim the bag wa found before the rifle I have already said that Johnson indicates this happened after Studebaker had returned from assisting Day with the rifle. After he had finished processing evidence where Johnson was (pop bottle and chicken lunch).
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.
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 gave 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.
The bag was used to cover the inital wooden strip removed from a SN window. The bag was originally made to transport the rifle back to City Hall. That plan was abandoned by Carl Day. He hints at the use of paper to protect crime evidence for transport. The Crime Scene guy routinely bring bags etc with them for transporting evidence to the lab for processing. They had no such bag big enough to do so. There are pictures of the rifle and other evidence sitting on a large sheet of paper. Why do you think they put paper under the evidence to photograph it?
Did Day initially think it was a good idea to wrap the rifle up and then abandon the idea?
"Just looking at it I thought the chances were slim that we’d find any prints on the rifle itself. It had what we call a wartime
finish on the barrel which would lift out of the stock. That type of surface didn’t take prints well, nor did the wood stock which was too course or rough. You’ve got to have a smooth, fairly clean surface before the ridges will leave an impression. If it’s rougher than the ridges of the finger, you’re not going to find anything there.
At that time, just through casual observation, it didn’t look too promising. It wasn’t the place to try to do any fingerprint work since it’s a rather lengthy process and we had other things to do. So I decided to carry the gun back to the office at City Hall, store it under lock and key, examine it under ideal conditions, and get to it when I could.
I didn’t have anything to wrap it up with at the time, so I carried it out making sure that I didn’t touch anything other than the strap. Besides, you had to be careful in wrapping stuff because if there were any prints, you’re liable to smear them just from the wrapping."
Carl Day from No More Silence
