Day's isn't a first-hand witness account. He"believes" Sims advised him but "could be wrong about that".
Sims is one of Fritz's main men and is covering for him. What Fritz has done is an unbelievably flagrant abuse of evidence, something beyond incompetence.
What reason do Alyea and, in particular, Mooney have to lie about this?
Why would you not believe their accounts?
Mr. Mooney - …So, at that time, I didn't lay my hands on anything, because I wanted to save every evidence we could for fingerprints. So I leaned out the window, the same window from which the shots were fired, looked down, and I saw Sheriff Bill Decker and Captain Will Fritz standing right on the ground.
Well, so I hollered, or signaled I hollered, I more or less hollered. I whistled a time or two before I got anybody to see me. And yet they was all looking that way, too except the sheriff, they wasn't looking up.
And I told him to get the crime lab officers en route, that I had the location spotted.
So I stood guard to see that no one disturbed anything until Captain Will Fritz approached with his group of officers, city officers. At that time, of course, when I hollered, of course Officers Vickery and Webster, they came across and later on several other deputies--I believe Officers McCurley, A. D. McCurley, I believe he came over. Where he came from--they was all en route up there, I assume.
Again, exactly when was Fritz supposed to have done this? The above testimony (by your man Mooney), indicates that Fritz was outside the building on the ground when he hollered out that the shells had been found. Therefore, it appears unlikely to me that Fritz could have made it all the way up to the sixth floor and done this before Sims was able to get there from one only floor above. So it seems to me that if Fritz did this, Sims and the other officers who went to the area would have seen it. Have Vickery, Webster, McCurley, or anyone else besides Alyea said anything about Fritz doing that?
Without any actual film that would show what Alyea said that he filmed, it is easy to discount his story. And I find it easy to discount Mooney’s story without any of his fellow officers (who were there) backing it up.