July 20, 1995 - Part 1
July 20, 1995 - Part 1
(10:25:46) Senator GRAMS. Did you expect or assume that those steps had been taken? Mr. HINES. I assumed that those steps had been taken. Senator GRAMS. Did you in any way take any steps to follow up on that to make sure the office had been sealed yourself? Mr. HINES. No, outside of my conversations with Mr. Burton. That's the only thing I did, Senator GRAMS. So you were satisfied that those steps had been taken in those conversations that you had? Mr. HINES. Yes, I was. Senator GRAMS. Mr. Rolla, do you remember any thoughts You had on the matter? Do you recall discussing the need to seal the office with Sergeant Braun? Mr. ROLLA. Yes, I did. Senator GRAMS. What did you talk about, or how did you come to that conclusion as well? Mr. ROLLA. First, let me say that there's no legal authority for us to tell them to seal and lock that office. Senator GRAMS. Whose? Mr. ROLLA. There's no legal authority. Senator GRAMS. To tell who? 159 Mr. ROLLA. This was based on cooperation, which we would normally get in a death investigation. If it was a businessman or whatever, and we had to go to his office, we would ask them to please keep it the way it was, we would like to come over there, They can be there while we look through it. We're not looking for national secrets or corporate secrets. We're looking for something that says goodbye, cruel world, or something to determine the state of mind. That's what we're looking for. That's what my thought was. When we asked-we talked about it later, and she mentioned right before we left that she had told David Watkins, asked him if he could seal the office, and he said yes, and that was basically it, We figured we were getting cooperation from a high-level Government official. Senator GRAMS. You said you had no legal authority, but what you were doing was making a suggestion or what you would consider something that was a normal course of action? Mr. ROLLA. It was a normal course of action. Like I said, we wanted to keep it preserved, preserve it the way it was, if at all possible, so we could go in there and find things the way they were. Senator GRAMS. So, basically, trying to do your job. Mr. ROLLA. Exactly, Senator GRAMS. You expected that would be the same type of action that others would be taking. Mr. ROLLA. The question was asked that the office be sealed, and the answer was that it would be. If they came up with a reason it couldn't be, that would be one thing. We felt we had cooperation that it- would be done. That's all. Senator GRAMS. I find it similar that you had the same ideas that the office would be one part that should be included in this investigation. Mr. Hubbell, one of his first thoughts was to make sure that the office was sealed, to protect the integrity of the office so it wouldn't be contaminated, and others should have been thinking along those same lines. Evidently, for one reason or another, those steps were not taken or followed. I thank you, Mr. Chairman. The CHAIRMAN. Thank you. Senator Sarbanes. Senator SARBANES. Mr. Ben-Veniste, Mr. BEN-VENISTE, Thank you, Senator. Detective Rolla, what does your training tell you to do in a circumstance or a situation where you have come upon a violent death by apparent gunshot in terms of control of the area? Mr. ROLLA. On any crime scene you're going to seal off a certain section of the area large enough to search and keep individuals out of that area. Mr. BEN-VENISTE. So you want to secure the area and you want to take control of the situation? Mr. ROLLA. That's correct. Mr. BEN-VENISTE. That's what your training teaches you? Mr. ROLLA. That's correct. Mr. BEN-VENISTE, Now, you made every effort, as we have heard today, to take control of the situation at Fort Marcy Park to ensure 160 that the scene of Mr. Foster's death was not disturbed. Is that so, sir? Mr. ROLLA. That's correct. Mr. BEN-VENISTE. On the basis of your review of the evidence at Fort Marcy Park, everything that you saw was consistent with an apparent suicide; is that correct? Mr. ROLLA. That's correct, keeping an open mind to other options based on the physical evidence that was in front of us, it was all leading right to a suicide. Mr. BEN-VENISTE. In fact, later that evening you and Sergeant Braun had advised the Foster family that this was an apparent suicide?