Article 32 Hearing
Volume 7

July 17, 1970


(The hearing reopened at 0844 hours, 17 July 1970.)

COL ROCK:  This hearing will come to order.  Let the record reflect that all parties who were present at the closing yesterday are currently in the hearing room, with the addition of Captain Thompson, assistant counsel for the government.  Is the counsel for the government prepared with the next witness?

CPT SOMERS:  Yes, sir, we do have one matter we'd like to depose of before we go ahead though, sir.  At this time we would request to have marked this list of fingerprint locations.

COL ROCK:  This will be government exhibit 39 titled list of fingerprints inside 544 Castle Drive.

CPT SOMERS:  Sir, I have one or two comments on this.

COL ROCK:  I believe you provided a copy for counsel for the accused?

MR. EISMAN:  Yes, sir, we have a copy.

CPT SOMERS:  I consulted with the military police draftsman on the issue of drawing charts from this list.  The personnel and facilities to do this job are not currently available; they estimate the time it would take to do it would be between two to three weeks.  What I am saying, sir, it is not currently feasible to do this.  Now, with respect to the photographs of these fingerprints, they are taken from such a range that their location is not evident.  The only way to locate them is from a key which is no more than a number on a photograph which then has to be matched against the numbers in the house, which was done with this list.  I'm saying, sir, that the best evidence that I can provide of these fingerprints is the list which I have just provided.

COL ROCK:  I will review this list to determine how understandable it is and I am sure that counsel for the accused will also do same, and after I've had a chance to review this, then I will determine what further action should be taken on this.  However, your remarks are noted at this time.

CPT SOMERS:  There is one other remark.  On page 2, two fingerprints noted as not found.  I have at least two agents in the process now of reviewing all the evidence to find those two and I am confident that I will be able to provide a location for them.

COL ROCK:  Therefore, we can anticipate an addendum to this?

CPT SOMERS:  Yes, sir, we may.

COL ROCK:  Proceed.

CPT SOMERS:  At this time the government calls Major Jacobson.