Posted on 06/24/2002 11:39:33 PM PDT by JohnHuang2
A federal appeals court has ruled that six of 10 Polaroid photographs taken of White House counsel Vince Foster's body as he lay dead from an apparent gunshot wound in Fort Marcy Park nearly a decade ago remain secret.
The ruling, handed down June 4 by the U.S. Ninth Circuit Court of Appeals, partially affirmed an earlier U.S. district court ruling Jan. 11, 2001. The lower court ordered five of the photos to be released to attorney Allan J. Favish, who filed a Freedom of Information Act request more than two years ago with the Office of Independent Counsel in Washington, D.C., to get all 10 photos released to the public.
However, citing survivors' privacy rights, both courts refused to allow the other photos – which more clearly show Foster's face – to be released to the public. The appeals court ordered that the fifth photo – described as "VF's body looking down from top of berm" – also be withheld.
The photos remain in the government's custody.
Barring government appeals, the four photos to be released are described as: "VF's body – focusing on rt. side shoulder/arm"; "right hand showing gun and thumb in guard"; "VF's body focusing on right side and arm"; and "VF's body – focus on top of head through heavy foliage."
Photos six through 10 that the courts have ordered withheld are described as: "VF's body – focusing on face"; "VF's body taken from below feet"; "VF's body – focus on head and upper torso"; "VF's face – looking directly down into face"; "VF's face – taken from right side focusing on face and blood on shoulder."
Favish says that last photo is particularly at issue, because an earlier published report claimed the existence of a neck wound on Foster's body that contradicts an FBI memo written two days after the deputy counsel's death.
Following an autopsy of Foster's body by the Fairfax County (Va.) Medical Examiner's office, "preliminary results include the finding that a .38-caliber revolver, constructed from two different weapons, was fired [into] the victim's mouth with no exit wound," the FBI report said.
The California attorney filed his original request for the photographs in a bid to learn whether Foster, who was found dead July 20, 1993 – just six months after President Bill Clinton took office – was truly a victim of suicide, as the government contends, or whether he was murdered and dumped in the park, as some witnesses and independent researchers believe.
"As you know, there is a controversy over whether one of these photos shows that neck wound which, officially, does not exist," said Favish.
On July 12, 2000, the Ninth Circuit, in a 2-1 ruling regarding the release of the Polaroids, said that "Favish, in fact, tenders evidence and argument which, if believed, would justify his doubts" about the official government conclusion that Foster committed suicide in the park.
It was unclear whether Favish was planning another appeal.
after working with nate landow & barry seals, I can't figure out why richard would risk his career & reputation by acting as democrat legal counsel in the senate WW hearings?
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