EVIDENCE FROM HELL
(click here for exhibits)
(click here for photograph)
This
report contains two seperate Parts. Part 11 is by far the most demanding to
follow, therefore I recommend reading Part 11 first. Of all of my reports I
rate Part 11 equal to Special Exhibit 10 (the switching of bullets) and the
Sportarm/Lock, Stock ‘N Barrel research (Grand Hoax Report). Part 11 is
extremely complex, therefore difficult t follow and digest, which leads me to
the usual admonition - skip if you haven’t got what it takes.
PART 1
On
Feb 24, 1968, LAPD ballistics expert DeWayne Wolfer testified in the Sirhan
trial.
It
will be remembered, three days before Officer Wolfer took the stand , All three
prosecutors and all three defense attorneys held a secret meeting in Trial
Judge Herbert V. Walker’s chambers. The purpose of this meeting was to seal an
agreement whereby efense would agree to stipulate to ballistics evidence that
did not have foundation. Sihan was not
present and was unaware of this meeting. In fact it was a secret meeting.
The
easy sell
In
order for Fitts to tell these men present that it is his understanding the
defense will stipulate to evidence without a foundation means that there had to
have been discussions prior to this meeting and that a prior agreement had
already been reached whereby the defense would stipulate to ALL of the
ballistic evidence, We are talking about a blanket stipulation agreement which
was already agreed to prior to this meeting taking place. In short everyone
knew exactly what Fitts wanted and Cooper gave to him.
Just
because prosecution and defense came to an agreement re unproven bullets does
not make the bad bullets suddenly turn into good bullets. The bullets were bad
on Feb. 21st during that meeting and
remained bad on Feb. 24th when the prosecution delivered them to the court. So,
how can you take bad bullets to court - stipulation aside?
And
to this day, when Sirhan attorneys argue about bad ballistics evidence, the
prosecution responds with Cooper’s stipulations. To that I say - what chutzpa!
Now,
my good common sense tells me you cannot make an agreement to stipulate to
evidence without a foundation by skirting around the law. I stand by my charge that Cooper’s stipulation
is not and never has been legal. And the prosecution knew their ballistics
evidence without a foundation. would never stand up in court without Cooper’s
cooperation.
And
there is no doubt in mind that Sirhan defense attorneys were well aware of the
ballistics evidence being bad - how could they not know? Fitts flat out told
them these bullets don’t have adequate foundation. It’s like telling someone they are a little bit pregnant. It
doesn’t work that way - either you are pregnant or you’re not pregnant. The same
goes for the bullets - either they are for real or they are fakes. And you
can’t take fakes to court.
One
has but to read the trial transcript and see the many instances where Cooper
openly assisted the prosecution in presenting their case.
Read Cooper’s conduct for yourself. In fact
he latest court filing by Sirhan attorneys Pepper/Dusek make this compelling
argument by citing numerous instances where Cooper failed to properly defend
his client
And
bear in mind, it was Grant Cooper who was Sirhan’s lead attorney. And Cooper
was ,at the time, in deep trouble for having lied to Federal Judge Gray two
separate times in the Friars Card Cheating case. The fact is Cooper faced loss
of his license and a likely prison sentence at that very time.
The
prosecution had their hooks in this hobbled man.
The
other attorneys
And
as for defense attorney Emile Zola Berman - he arrived in Los Angeles either
one or two nights before the trial began! And it was Berman who leaked the
information about the secret plea talks to the Eastern Press - not once - but
twice! And he got away with it.
Attorney
Russell Parsons was a career mob lawyer who poisoned the Sirhan family with
lies about defense investigator Robert Blair Kaiser. I personally got to the
bottom of the great damage on the defense team caused by Parsons’ lies. Kaiser
is still alive and well remembers this affair.
And
so those three men defended their client. They remind me of the cattle drivers
in the Chicago Stockyards. Sirhan didn’t stand a chance. And they gave Lady
Justice a swell shiner.
The
law schools need to look into my charges.
I
would very much like to have leading law schools examine the stipulation questions I raise. Can a
stipulation based on an agreement to not challenge evidence which would not be
admissable in court - can such a stipulation be legal????
What
did that do to Sirhan’s right to a fair trial?
PART 11
This
is an extraordinary report which, for years I continued to postpone writing as
I did not feel I was ready to take it on. Then, a few weeks ago I suddenly grew
a backbone.
Here
it is
After
you have carefully examined Sirhan Trial Transcript page 3967, next examine STT pages 4155 - 4158.
You
will see something unusual is taking place. DDA David Fitts was unquestionably
the smartest man on the prosecution and he tells the court that he can’t read
the writing on an envelope (Peo. Ex. 55) and it’s about time he got glasses. He
turns down Cooper’s offer to use his glasses, saying he’d rather use the eyes
of Mr. Wolfer. (STT page 4155)
Is
that smart successful man really not able to read a document? Of course not
So
what was taking place? read on
Now
we move on to the next page (4156, lines 7 - 18)
Fitts
tells Wolfer “I direct your attention to this envelope which is People’s 55,
and it bears certain writing perhaps from your hand, does it not?”
Wolfer
responds with “It does”
Then
Fitts follows with “What does it contain?”
Wolfer
responds with: “It contains three of the test shots that I took from People’s
6, the weapon, and this was from the water recovery tank, and that would be
three test shots I used for comparison purposes.”
It
is at this time that defense attorney Grant Cooper jumps in with
“Mr.
Cooper: 55 may be received in evidence
if you desire.”
“The
Court: People’s 55 in evidence.”
THAT’S
IT !!!!!!!l Allow me to tell you what
just happened in that sleepy courtroom and exactly what it all means
We
see Cooper wasted no time in interjecting with “55 may be received in evidence
if you desire”
The
Court followed with “People’s 55 in
evidence”
This
is what it means
Wolfer
did not read the writings on Peo. 55. If he did the court and the jury would
learn that the gun owned by the LAPD (gun # H 18602) was written on Peo. 55 envelope. It was the wrong gun number and
it was printed with red ink. (I believe
the red ink was used to differentiate GJ5B evidence envelope from Po. 55 evidence
envelope)
The
shell casings was one of SUS’ biggest nightmares
We
see that Wolfer’s description of the contents in Peo. 55 envelope were the
three testbullets for comparison purposes. No mention was made of the two spent
shell casings which most assuredly were removed from Peo. 55 envelope at some
point prior to Wolfer’s testimony.
The
Merry-go-round
The
physical existence of the two shell casings in Peo. 55 is found in CSA,
however, they do not exist in the Sirhan trial records and they do not exist in
the LACGJ transcript. And, of course, they are not in the LAPD Property Report.
So
why did those bad boys go through all that trouble to hide those two shell
casings?
So
no one would ever compare Sirhan evidence shell casings (Peo. 21, Peo. 55 and
the shell casings from gun H 53725). Ah, yes, the Wenke examiners did test fire
gun # H 53725 in 1975 - but those 1975 shell casings have positively VANISHED.
They are not in CSA records. That is a true fact (I wrote about this in earlier
reports)
The
Plot backfires
On
page three of the Trapp/Howard Memorandum we clearly see thw two shell casings
are indeed listed (bear in mind, this document is not part of Sirhan trial
records). It is an in house communication
“Exhibit
55
Contains
three expended .22 caliber slugs and two expended casings. The envelope bears
the inscription “I and J .33, serial number H-18602, Cadet model” The initials “DW” appear on each slug.”
In
short, the two shell casings in Peo. 55 posed too great a risk that present or
future examiners might compare Sirhan evidence shell casings (Peo 21 shell
casings and Peo. 55 shell casings) with newly fired shell casings from gun #
H53725. No one was taking any chances.
And,
doesn’t this sound familiar? Removal of all Sirhan shell casings from Judge
Wenke Court Order # 2 prevented the seven examiners from comparing their test
shell casings from gun H 53725 with Peo. 21 shell casings and Peo. 55 shell
casings
This
is precisely what took place when Wolfer described the contents of Peo. 55
envelope. There were no shell casings in that envelope to come back and bite
them.
We
know the shell casings were removed because of the above cited Howard/Trapp
Memorandum. Additionally, criminalist Allen Gilmore accompanied me to
California State Archives in March, 1994 to take photographs of Sirhan bullets
for me. His photos of Peo. 55 clearly depict three test fired bullets and two
shell casings.(see exhibit)
On
my numerous trips to CSA I also
photographed Sirhan bullets, including Peo. 55 which also showed three test
fired bullets and two shell casings.
Then
there is the matter of the missing eight shell casings in the CSA from Wenke
examiners’ test firing of gun H 53725 in 1975.
Here
is what I found
All
of the Sirhan test shell casings were either removed from their envelopes or
have disappeared (Wenke examiners’ shell casings from testing of gun H 53725
disappeared from CSA records). Removal of the two shell casings in Peo. 55 when
Wolfer testified at Sirhan trial and removal of all Sirhan shell casings from
Court Order # 2 which prevented the Wenke examiners from comparing the shell
casings from gun H 53725 with Peo. 21 shell casings and Peo. 55 shell casings,
What
I am charging is that Fitts alerted Wolfer to pay attention to the wrong gun
number.
Fitts
was sending Wolfer a signal by saying he’d “rather use Wolfer’s eyes” because
he wanted Wolfer to LOOK at the wrong gun number staring up at him - in red ink
no less - (gun # H 18602 - the wrong gun number was written on Peo. 55
envelope) But the court and jury would never learn of the wrong gun number
because Wolfer never read the writings on Peo. 55 into the record. No
information exists in the Sirhan trial record about the writings appearing on
test envelope Peo. 55. That “evidence” envelope could just as well have been a
ham sandwich wrapper.
It
was at that point that Cooper jumps in with his stipulation schtick. It seems
he couldn’t do it fast enough.
With
GJ5B safely locked away in the custody of the LACGJ there was no worry about
the two different test envelopes each containing a different set of test
bullets and with two different gun
numbers being leaked to the Sirhan trial court. There would be no trap for
Wolfer to accidentally stumble into.
Why
so protective of Wolfer? After all Wolfer wasn’t stupid.. It is because this
whole fraud was not Wolfer’s doing; he was dragged into a dirty case.
Men
at work
For
years I searched without success for any record of a comparison of the two
shell casings in Peo. 55 with the eight crime scene shell casings in Peo. 21.
Why wasn’t that done?
One
of the chief reasons the two shell casings were removed from Peo. 55 evidence
envelope when Cooper stipulated Peo. 55 into evidence was that there would be
no record in the trial transcript of the existence of these two shell casings.
I
repeat
No
one knew that at some future date a smart criminalist might compare Peo 21
(eight crime scene shell casings) with the two shell casings in Peo. 55. That
was too big a risk to take, So, what to do?
Simple,
remove those two little devils from Peo 55 envelope at the Sirhan trial, Walla
! no shell casings in the trial transcript. What could be better?
This
can only mean that the persons responsible for the evidence removed those two
shell casings from Peo. 55 envelope prior to Wolfer’s testimony because they
did not want these shell casings appearing in the Sirhan trial records !!!!!!!!!!!!!!!!!!!!!!!
A
select few people in SUS pulled the strings in controlling the Robert F.
Kennedy assassination investigation. And they managed to do this by taking the
RFK assassination investigation out of the hands of the Los Angeles Police
Department. They were that powerful.
Unfortunately,
SUS used official LAPD forms to write their reports. This, of course falsely
gave the impression that the LAPD Crime Lab was responsible for the bad
ballistics evidence.
After
carefully examining the official records I reached the conclusion that neither
criminalist DeWayne Wolfer nor the LAPD Crime Lab created the bogus ballistics
evidence.
There
is no doubt in my mind, Wolfer was given bogus ballistics evidence to examine.
How
do I know this?
Remember
it was Wolfer who alerted the prosecution that there was no foundation for the
ballistics evdence. That was the reason the prosecution called for the meeting
(Feb. 21) in Judge Walker’s chambers. I believe Wolfer just threw up his hands,
besides, who was he going to complain to?
Wolfer
didn’t create those fake bullets - he was only the messenger
Rose
Lynn Mangan January, 2014