That would explain it. You'd think if Michael Paine had seen the backyard photo before the assassination he would have said so at his WC testimony. I have never seen any evidence that he was a liar.
But he did say that in a CBS interview, if I recall correctly.
And it was Michael Paine who told an FBI agent showing a BY photo on the evening after the assassination where it was taken.
Captain Fritz mentions in his report about his interrogation of Oswald that he showed him the photo and he (Oswald) dismissed it as a fake. Fritz notes that at that time he had already leaned about the location of the photo from Michael Paine.
Kinda weird, right? The photos were not officially found until the second search of Ruth Paine's on Saturday afternoon.