July 20, 1995 - Part 2
July 20, 1995 - Part 2
(11:14:32) Hearing resumes: The CHAIRMAN. The Committee will resume. As we adjourned, counsel for the Minority was in the process of examining some documents. Mr. Ben-Veniste will return. We had 6 minutes on the clock. Please set it back and make it 10 minutes, because you were interrupted, so you'll have the additional time, If you need more, we will permit it. Mr. BEN-VENISTE. Senator, hopefully I'll use less, but thank you Now, I haven't put this report of Detective Markland in front of you, Major Hines, for any purpose other than to establish that, according to Detective Markland's report, it is clear that on the morning of July 21, 1993 Mr. Nussbaum told Detective Markland that he, together with Maggie Williams and Patsy Thomasson , had conducted a brief search of the office to attempt to discover a note, but 167 that that search had proved uneventful. Do you see that in the report? Mr. HINES. Yes, I do. Mr. BEN-VENISTE. Do you recognize that as a regular Park Police report of investigation signed by Detective Markland? Mr. HINES Yes, I do. Mr. BEN-VENISTE. Had you wished to follow the course of the investigation and be apprised of developments in it, you would have had access to this report? Mr. HINES. I would have, but on Friday, July 23, 1993, 1 went on vacation and was absent the whole next week, so I didn't read any reports. That's why I read it first in the newspaper. Mr. BEN-VENISTE. So that's a pretty good explanation for that. It wasn't because you were being inattentive to the developments in the investigation, you were just not available at that time to receive Detective Markland's report of July 21, 1993. But, clearly, Sergeant Braun and Detective Rolla, you have recognized that this is a report of Detective Markland who took over the investigation the following day; correct? Mr. ROLLA. That's correct. Ms. BRAUN. That's correct. Mr. BEN-VENISTE, It is clear from that report that Mr. Nussbaum reported to Detective Markland and Captain Hume on July 21, 1993 that he, together with Patsy Thomasson and Margaret Williams, had conducted a brief search of Mr. Foster's office on the night of July 20, 1993 in the hope of discovering a note; is that correct? Ms. BRAUN. Yes, that's correct. Mr. BEN-VENISTE. Now, there are two inaccuracies there that have been clarified by Detective Markland. Obviously, the first is where he says Mr. Foster, he means Mr. Nussbaum. In the second, where he says that the search took place between 2200 and 2400 hours, he has corrected that in his testimony. So I don't wish to leave a false impression with those who are not familiar with the details of the 60 or so depositions we've taken in the course of preparation for these hearings. In your briefing the morning of July 21, 1993, Major Hines, what did you wish to communicate to the White House? Mr. HINES. The wish that Chief Langston and I wished to--correction. Our purpose was to visit the White House and brief them on what we knew about the suicide of Mr. Foster, to establish some protocol and let them know about what the investigative process we would go through would be. Mr. BEN-VENISTE. Did you make any report of that briefing? Mr. HINES. No, I did not. Mr. BEN-VENISTE. To the best of your recollection, did you say that this was an apparent suicide? Mr. HINES. Yes, I did. Mr. BEN-VENISTE. Did you provide other details regarding the scene of Mr. Foster's death? Mr. HINES. One person did ask me where he shot himself. Mr. BEN-VENISTE. The Fort Marcy area was not a crime scene, it was the scene of an apparent suicide as far as what you were reporting to the White House that morning? 168 Mr. HINES. I reported that it was the scene of a suicide, but we treat all death investigations like a crime. Mr. BEN-VENISTE. At some point you came to the conclusion---you the Park Police-that, in fact, your initial conclusion was supported by evidence and the case was closed out as a suicide; is that fair to say? Mr. HINES. Yes, it was, Mr. BEN-VENISTE. Now, let's go to the question of the search warrant, which has come up here before. There was no suggestion was there, that any attempt would be made to obtain a search war' rant for Mr. Foster's office? Is that correct, Sergeant? Ms. BRAUN. That's correct. Mr. BEN-VENISTE. Detective? Mr. ROLLA. Yeah, that's correct. Mr. BEN-VENISTE. Major? Mr. HINES. That's correct. Mr. BEN-VENISTE. A search warrant would not have been appropriate or legally obtainable in your view, would it? Mr. HINES. That's correct, without any evidence of a crime being committed. Mr. BEN-VENISTE. Thank you, sir. Now, you talked about the cooperation of individuals in assist ing in your investigation, and you were told by Mr. Nussbaum and others that the White House would indeed cooperate; is that correct?