The Final Ken Starr Report


                Table of Contents

                I. INTRODUCTION

                II. BACKGROUND

                     A. 1993 Park Police Investigation
                     B. 1994 Fiske Investigation
                     C. Congressional Inquiries
                     D. Appointment of the Independent Counsel

                III. OVERVIEW

                     A. Scrutiny
                     B. OIC Personnel
                     C. Methodology
                     D. Report

                IV. FACTUAL SUMMARY

                     A. Mr. Foster's Background and Activities on July
                     20, 1993
                     B. Fort Marcy

                V. FORENSIC ANALYSES

                     A. Autopsy
                     B. Laboratory Analyses
                          1. Gun
                               a. Operation
                               b. Serial Numbers
                               c. Ammunition
                               d. DNA
                               e. Blood
                               f. Fingerprints
                               g. Marks on Body From Gunshot and Gun
                                    (1) Gunshot Residue on Hands
                                    (2) Indentation on Thumb
                               h. Summary: Gun
                          2. Clothing
                               a. Gunshot Residue
                               b. Bloodstain Patterns as Depicted in
                               Photographs From Scene
                               c. Blood Drainage After Movement From
                               Fort Marcy Park and Bloodstains on
                               Clothing at Autopsy
                               d. Mineral/Vegetative Material
                               e. Lack of Rips, Tears, or Scraping on
                               Clothing
                               f. Bone Chip
                               g. Pants Pocket and Oven Mitt
                               h. Hairs and Fibers
                          3. Eyeglasses
                               a. Blood
                               b. Gunpowder
                               c. Summary: Eyeglasses
                          4. Surrounding Area
                               a. Gunshot Residue in Soil
                               b. Possible Bloodstains on Vegetation at
                               Scene
                          5. Contents of Bodily Fluids
                     C. Review by Pathologists

                VI. ISSUES RELATING TO EVIDENCE AT SCENE

                     A. Blood Transfer Stain
                     B. Quantity of Blood
                     C. Unidentified Persons and Cars
                     D. Car Locks
                     E. Neighborhood
                     F. Pager

                VII. ISSUES RELATING TO CONDUCT OF INITIAL INVESTIGATION

                     A. Photographs
                     B. Keys
                     C. X-Rays

                VIII. OTHER ISSUES

                     A. Gun Observations and Ownership
                          1. Observations of Gun at Scene
                          2. Ownership of Gun
                     B. Briefcase
                          1. Mr. Foster's Departure From the White House

                          2. Mr. Foster's Car at Fort Marcy
                          3. Park Police Communications With Secret
                          Service
                          4. Mr. Foster's Office at the White House
                          5. Mr. Foster's Briefcase
                          6. Summary: Briefcase
                     C. Notification
                     D. Search for Bullet

                IX. STATE OF MIND

                     A. Dr. Berman's Analysis
                     B. Evidence

                X. SUMMARY OF CONCLUSIONS



                I. INTRODUCTION
             
                In accordance with 28 U.S.C.  594(h), the Office of
                Independent Counsel In re: Madison Guaranty Savings &
                Loan Association (the OIC) files this summary report on
                the 1993 death of Deputy White House Counsel Vincent W.
                Foster, Jr.

                On July 20, 1993, police and rescue personnel were
                called to Fort Marcy Park in suburban Northern Virginia
                They found Mr. Foster lying dead with a gun in his right
                hand and gunshot residue-like material on that hand.
                There were no signs of a struggle. There was a gunshot
                wound through the back of his head and blood under his
                head and back. The autopsy determined that Mr. Foster's
                death was caused by a gunshot through the back of his
                mouth exiting the back of his head. The autopsy revealed
                no other wounds on Mr. Foster's body.

                The police later learned that Mr. Foster had called a
                family doctor for antidepressant medication the day
                before his death. He had told his sister four days
                before his death that he was depressed, and she had
                given him the names of three psychiatrists. He had
                written in the days or weeks before his death that he
                "was not meant for the job or the spotlight of public
                life in Washington. Here, ruining people is considered
                sport."

                Two law enforcement investigations -- the initial United
                States Park Police investigation and a subsequent
                investigation conducted under the direction of
                regulatory Independent Counsel Robert B. Fiske, Jr. --
                concluded that Mr. Foster committed suicide by gunshot
                in Fort Marcy Park. Two inquiries in the Congress of the
                United States reached the same conclusion. After
                analysis of the evidence gathered during those
                investigations, and further investigation including
                adducing evidence before the federal grand jury in
                Washington, D.C., the OIC likewise has concluded that
                Mr. Foster committed suicide by gunshot in Fort Marcy
                Park.

                The OIC's conclusion is based on analyses and
                conclusions of a number of experienced experts and
                criminal investigators retained by the OIC. They include
                Dr. Brian D. Blackbourne, a forensic pathologist who is
                the Medical Examiner for San Diego County, California;
                Dr. Henry C. Lee, an expert in physical evidence and
                crime scene reconstruction who is Director of the
                Connecticut State Police Forensic Science Laboratory;
                Dr. Alan L. Berman, an expert suicidologist who
                currently is Executive Director of the American
                Association of Suicidology; and several experienced
                investigators with extensive service in the Federal
                Bureau of Investigation (FBI) and other law enforcement
                agencies. These experts and investigators reviewed the
                evidence gathered during the prior investigations and
                conducted further investigation as necessary.

                Dr. Blackbourne concluded that "Vincent Foster committed
                suicide on July 20, 1993 in Ft. Marcy Park by placing a
                .38 caliber revolver in his mouth and pulling the
                trigger. His death was at his own hand."   Dr. Lee
                reported that "after careful review of the crime scene
                photographs, reports, and reexamination of the physical
                evidence, the data indicate that the death of Mr.
                Vincent W. Foster, Jr. is consistent with a suicide. The
                location where Mr. Foster's body was found is consistent
                with the primary scene," that is, the location where he
                committed suicide.   Dr. Berman stated that "in my
                opinion and to a 100% degree of medical certainty, the
                death of Vincent Foster was a suicide. No plausible
                evidence has been presented to support any other
                conclusion." OIC investigators concurred, based on
                investigation and analysis of the evidentiary record,
                that Mr. Foster committed suicide by gunshot in Fort
                Marcy Park.


           
                II. BACKGROUND
             
                A. 1993 Park Police Investigation

                Because Mr. Foster's body was found in Fort Marcy, a
                park maintained by the National Park Service, the United
                States Park Police conducted the investigation of his
                death.   On the night of the death (July 20, 1993), Mr.
                Foster's body was transported to Fairfax County Hospital
                in Fairfax, Virginia. The next day, Dr. James C. Beyer,
                Deputy Chief Medical Examiner, Northern Virginia
                District of the Virginia Office of the Chief Medical
                Examiner, conducted an autopsy in the presence of an
                assistant and four Park Police officers.

                The FBI assisted the Park Police in certain aspects of
                the ensuing death investigation, as did other federal
                and Virginia agencies. Moreover, the FBI, at the
                direction of the Department of Justice, opened a
                separate investigation of possible obstruction of
                justice after a note was reportedly found on Monday,
                July 26, 1993, in Mr. Foster's briefcase at the White
                House.

                On August 10, 1993, the Department of Justice, FBI, and
                Park Police jointly announced the results of the death
                and note investigations. The Park Police concluded that
                Mr. Foster committed suicide by gunshot in Fort Marcy
                Park. Robert Langston, Chief of the Park Police,
                explained:

                      The condition of the scene, the medical
                     examiner's findings and the information
                     gathered clearly indicate that Mr. Foster
                     committed suicide. Without an eyewitness, the
                     conclusion of suicide is deducted after a
                     review of the injury, the presence of the
                     weapon, the existence of some indicators of a
                     reason, and the elimination of murder. Our
                     investigation has found no evidence of foul
                     play. The information gathered from
                     associates, relatives and friends provide us
                     with enough evidence to conclude that Mr.
                     Foster's ... that Mr. Foster was anxious about
                     his work and he was distressed to the degree
                     that he took his own life.

                Based on the evidence the FBI gathered in its
                investigation, the Department of Justice did not seek
                criminal charges for obstruction of justice relating to
                the handling of the note.


                B. 1994 Fiske Investigation

                In 1992 and 1993, the Resolution Trust Corporation (RTC)
                examined the operations of Madison Guaranty Savings &
                Loan, a defunct savings and loan in Little Rock,
                Arkansas, that had been operated by James and Susan
                McDougal. The McDougals also had been partners with
                William Jefferson Clinton and Hillary Rodham Clinton in
                an Arkansas real estate venture known as the Whitewater
                Development Company. In October 1993, the RTC sent nine
                criminal referrals to the United States Attorney's
                Office in Little Rock concerning the activities of
                Madison Guaranty.

                Also in 1993, the FBI investigated the activities of
                Capital Management Services, Inc., a small business
                investment company in Little Rock that had been operated
                by David L. Hale. Mr. Hale was indicted by a federal
                grand jury in the Eastern District of Arkansas on
                September 23, 1993.

                Both the Hale prosecution and the Madison investigation
                were transferred in November 1993 from the United States
                Attorney's Office in Little Rock to the Fraud Section of
                the Department of Justice in Washington. On December 20,
                1993, the White House confirmed that Whitewater-related
                documents had been in Mr. Foster's White House office at
                the time of his death. On January 12, 1994, President
                Clinton asked Attorney General Reno to appoint an
                independent counsel, and on January 20, 1994, the
                Attorney General appointed Robert B. Fiske, Jr., to take
                over the investigation.

                Mr. Fiske's jurisdictional mandate vested him with
                authority to investigate whether any individuals or
                entities committed federal crimes "relating in any way
                to President William Jefferson Clinton's or Mrs. Hillary
                Rodham Clinton's relationships with (1) Madison Guaranty
                Savings & Loan Association, (2) Whitewater Development
                Corporation, or (3) Capital Management Services." After
                his appointment, Mr. Fiske took over both the Hale
                prosecution and the continuing Madison investigation.

                Mr. Fiske also opened a new investigation of Mr.
                Foster's death, utilizing FBI resources and a panel of
                distinguished and experienced pathologists. On June 30,
                1994, Mr. Fiske issued a report concluding that "the
                overwhelming weight of the evidence compels the
                conclusion . . . that Vincent Foster committed suicide
                in Fort Marcy Park on July 20, 1993."

                C. Congressional Inquiries

                On February 24, 1994, Congressman William F. Clinger,
                Jr., then the Ranking Republican on the Committee on
                Government Operations of the United States House of
                Representatives, initiated a probe into the death of Mr.
                Foster. Mr. Clinger's staff interviewed emergency rescue
                personnel, law enforcement officials, and other persons
                involved in the Park Police investigation of Mr.
                Foster's death.   Mr. Clinger's staff obtained access to
                the Park Police reports and to photographs taken at the
                scene and at the autopsy.   Mr. Clinger issued a report
                on August 12, 1994, concluding that "all available facts
                lead to the undeniable conclusion that Vincent W.
                Foster, Jr. took his own life in Fort Marcy Park,
                Virginia on July 20, 1993."

                The United States Senate Committee on Banking, Housing,
                and Urban Affairs conducted an inquiry into the Park
                Police investigation of Mr. Foster's death. The
                Committee concluded its inquiry with a report issued on
                January 3, 1995, stating that "the evidence
                overwhelmingly supports the conclusion of the Park
                Police that on July 20, 1993, Mr. Foster died in Fort
                Marcy Park from a self-inflicted gun shot wound to the
                upper palate of his mouth." The additional views of
                Senators D'Amato, Faircloth, Bond, Hatch, Shelby, Mack,
                and Domenici stated that "we agree with the majority's
                conclusion that on July 20, 1993 Vincent Foster took his
                own life in Fort Marcy Park."

                D. Appointment of the Independent Counsel

                On August 5, 1994, after enactment of the Independent
                Counsel Reauthorization Act of 1994, the Special
                Division of the United States Court of Appeals for the
                District of Columbia Circuit appointed Kenneth W. Starr
                as Independent Counsel In re: Madison Guaranty Savings &
                Loan Association. The OIC was given jurisdiction to
                investigate and prosecute matters "relating in any way
                to James B. McDougal's, President William Jefferson
                Clinton's, or Mrs. Hillary Rodham Clinton's
                relationships with Madison Guaranty Savings & Loan
                Association, Whitewater Development Corporation, or
                Capital Management Services, Inc."

                Due to continuing questions about Mr. Foster's death,
                the relationship between Mr. Foster's death and the
                handling of documents (including Whitewater-related
                documents) from Mr. Foster's office after his death, and
                Mr. Foster's possible role or involvement in other
                events under investigation by the OIC, the OIC reviewed
                and analyzed the evidence gathered during prior
                investigations of Mr. Foster's death and conducted
                further investigation.

             
                III. OVERVIEW
             
                A. Scrutiny

                The gunshot death of a high-ranking White House lawyer
                who had been a law partner of the First Lady of the
                United States and friend to both the President and the
                First Lady was bound to be heavily scrutinized -- and it
                has been. Many persons have publicly identified specific
                issues regarding Mr. Foster's death that, in their view,
                might raise broader questions about the ultimate
                conclusion that Mr. Foster committed suicide in Fort
                Marcy Park. Those questions have arisen and to some
                extent persisted for many of the same reasons that
                numerous suicides are questioned. In this case, as in
                many suicides, no identified eyewitness saw Mr. Foster
                commit suicide, and Mr. Foster apparently did not leave
                a suicide note (that is, a note that specifically refers
                to or contemplates suicide).

                The primary issues that have been raised regarding the
                cause and manner of Mr. Foster's death can be grouped
                into several broadly defined categories: (1) forensic
                issues; (2) apparent differences in statements of
                private witnesses, Park Police personnel, and Fairfax
                County Fire and Rescue Department (FCFRD) personnel
                regarding their activities and observations at Fort
                Marcy Park on July 20; (3) physical evidence (such as
                the fatal bullet) that could not be recovered; and (4)
                the conduct of the Park Police investigation and the
                autopsy.

                B. OIC Personnel

                To ensure that these issues were fully considered,
                carefully examined, and properly assessed in analyzing
                the cause and manner of Mr. Foster's death, the OIC
                retained a number of experienced experts and criminal
                investigators. The experts included Dr. Brian D.
                Blackbourne, Dr. Henry C. Lee, and Dr. Alan L. Berman.

                Dr. Blackbourne has been County Medical Examiner for San
                Diego County, California, since 1990. He was Chief
                Medical Examiner for the Commonwealth of Massachusetts
                from 1983 to 1990; Deputy Chief Medical Examiner in
                Washington, D.C., from 1972 to 1982; and Assistant
                Medical Examiner in Metropolitan Dade County, Florida,
                from 1967 to 1972. He has taught and written widely, and
                has testified in court on numerous occasions. He has
                performed over 5,500 autopsies, over 700 of which have
                involved gunshot wounds. The autopsies have included
                over 800 homicides and over 700 suicides. He is a Fellow
                of the American Academy of Forensic Sciences and a
                member of the National Association of Medical Examiners.

                Dr. Lee has served as Director of the Connecticut State
                Police Forensic Science Laboratory since 1980. He has
                numerous professional affiliations and has served as a
                consultant to a variety of organizations. He has
                received over 400 awards and commendations, including a
                1986 Distinguished Service Award and a 1994
                Distinguished Fellow Award from the American Academy of
                Forensic Sciences. He has been qualified in many state
                and federal courts as an expert witness or an expert
                involved in forensic science, forensic serology,
                bloodspatter analysis, crime scene investigation, crime
                scene profiling, crime scene reconstruction,
                fingerprints, imprints, and general physical evidence.
                He has written or edited many books and articles,
                including Physical Evidence (1995), Crime Scene
                Investigation (1994), Physical Evidence and Forensic
                Science (1985), and Physical Evidence and Crime Scene
                Investigation (1983).

                Since 1995, Dr. Berman has been Executive Director of
                the American Association of Suicidology. He was
                President of that Association in 1984-85. From 1991 to
                1995, he was Director of the National Center for the
                Study and Prevention of Suicide. Since 1971, he has
                engaged in the private practice of psychotherapy and
                psychological consultation. In 1982, he received the
                Edwin S. Shneidman Award for outstanding contribution in
                research by the American Association of Suicidology. He
                has taught and written extensively on the subject of
                suicide, and has testified before committees of the
                United States House of Representatives and the United
                States Senate. He is a Distinguished Adjunct Professor
                of Psychology at the American University in Washington,
                D.C., and was a tenured professor in the Department of
                Psychology from 1979 to 1991. He was co-editor of
                Assessment and Prediction of Suicide (1992). He has been
                a Consulting Editor of the journal Suicide and Life
                Threatening Behavior since 1981.

                OIC investigators who worked with these outside,
                independent experts included an FBI agent detailed from
                the FBI-MPD Cold Case Homicide Squad in Washington, D.C.
                Agents with the Cold Case Squad work with MPD homicide
                detectives in reviewing and attempting to solve
                homicides that have remained unsolved for more than one
                year. Another OIC investigator has extensive homicide
                experience as a detective with the MPD in Washington,
                D.C., for over 20 years. Two other OIC investigators
                assigned to the Foster death matter have experience as
                FBI agents investigating homicides of federal officials
                and others.

                C. Methodology

                The OIC devoted substantial effort to gathering,
                examining, and analyzing evidence to render as
                conclusive a determination as possible of the cause and
                manner of Mr. Foster's death. In this kind of
                investigation -- a reconstruction based in part on
                evidence gathered and tested during prior investigations
                -- the important information in assessing the cause and
                manner of death includes testimonial, documentary, and
                photographic evidence relating to the scene and the
                autopsy; physical and forensic evidence gathered at the
                scene and the autopsy; a variety of tests and analyses
                of the evidence; and testimonial and documentary
                evidence revealing the decedent's activities and state
                of mind in the days and weeks before his death.

                In particular, the OIC obtained information gathered
                during the prior investigations of Mr. Foster's death,
                including physical evidence; photographs taken at the
                scene and the autopsy; and incident reports, interview
                reports, and other documents produced or gathered by the
                Park Police, the FCFRD, the FBI, and Mr. Fiske's Office.
                The OIC questioned the known and identified civilian
                witnesses who were in Fort Marcy Park in the late
                afternoon of July 20, the Park Police and FCFRD
                personnel who responded to Fort Marcy Park, and the
                medical personnel who were involved in the Foster
                matter. Many of these persons were questioned before the
                federal grand jury.

                As to forensic information, the OIC attempted to obtain
                certain physical and forensic evidence in addition to
                that which had been gathered in prior investigations.
                Experts retained by the OIC reviewed and examined the
                evidence. Dr. Lee reviewed and studied scene and autopsy
                photographs and documentation; studied, re-examined, and
                tested physical evidence; reviewed FBI Laboratory tests
                and the autopsy results; met with FBI Laboratory
                personnel and Dr. Beyer, the medical examiner who
                conducted the autopsy; and toured and examined the Fort
                Marcy Park scene. Dr. Lee submitted a report summarizing
                his work on the physical and forensic evidence and
                setting forth his analysis.

                Dr. Blackbourne reviewed the relevant reports and the
                scene and autopsy photographs; reviewed microscopic
                slides; examined the Fort Marcy Park area; and
                interviewed Dr. Beyer, Dr. Haut (the medical examiner
                who responded to the Fort Marcy scene on July 20), and
                FBI and Virginia laboratory personnel. Dr. Blackbourne
                prepared a report summarizing his work on the forensic
                issues and setting forth his analysis.

                As to information regarding Mr. Foster's activities and
                state of mind before his death, the OIC both
                re-interviewed certain persons who had been interviewed
                during prior investigations and interviewed persons not
                previously interviewed. These individuals included a
                variety of family members, friends, and associates who
                could potentially shed light on Mr. Foster's activities
                and state of mind. The OIC reviewed documents gathered
                in prior investigations, and sought and reviewed new
                documents.

                The OIC provided Dr. Berman with relevant state-of-mind
                information (the bulk of which consisted of interview
                reports and transcripts), which he studied and analyzed.
                Dr. Berman submitted a report to the OIC summarizing his
                work and providing his analysis.

                The OIC legal staff in Washington, D.C., and Little
                Rock, Arkansas, participated in assessing the evidence,
                considering the analyses and conclusions of the OIC
                experts and investigators, and preparing this report.

                D. Report

                This report will describe the factual background; the
                forensic evidence and analyses, including the autopsy
                findings; the analysis of Dr. Lee; and the analyses and
                reports prepared by Dr. Blackbourne and the pathologists
                retained by Mr. Fiske's Office. Above all, the Foster
                death case is a forensic matter, and the forensic
                evidence and analyses provide the foundation for the
                ultimate conclusion. The report then will discuss
                investigative work conducted with respect to other,
                specific issues. Finally, the report will summarize Dr.
                Berman's conclusions regarding Mr. Foster's state of
                mind.

                The OIC has filed this summary report with the Special
                Division of the United States Court of Appeals. Because
                of the secrecy restrictions of Federal Rule of Criminal
                Procedure 6(e), the OIC has not submitted the report to
                the Congress or released it directly to the public. The
                Special Division retains discretion to authorize public
                release of this report, and the OIC has prepared the
                report with the assumption that the Special Division,
                consistent with past practice, would see fit to
                authorize public release. While some descriptions of
                forensic evidence are necessarily graphic, the OIC has
                sought to comply with the 1994 Independent Counsel
                Reauthorization Act regarding the contents of reports.

                Some of the best evidence of the condition of Mr.
                Foster's body at the time of his death is contained in
                photographs taken by Park Police officers at Fort Marcy
                Park and in photographs taken at the autopsy. However,
                based on traditional privacy considerations, this report
                does not include death scene or autopsy photographs. The
                potential for misuse and exploitation of such
                photographs is both substantial and obvious.


             
                IV. FACTUAL SUMMARY
             
                A. Mr. Foster's Background and Activities on July 20,
                1993

                Vincent W. Foster, Jr., was born on January 15, 1945, in
                Hope, Arkansas, to Alice Mae and Vincent W. Foster. He
                had two sisters, Sheila and Sharon. He was graduated
                from Hope High School in 1963 and from Davidson College
                in 1967. He married Elizabeth (Lisa) Braden in 1968, and
                they had three children, two boys and a girl. Mr. Foster
                was graduated first in his class from the University of
                Arkansas School of Law in 1971, where he was Managing
                Editor of the Law Review. He joined the Rose Law Firm in
                Little Rock in 1971 as an associate, and he became a
                Member of the Firm in 1974. Mr. Foster left the Rose Law
                Firm and moved to Washington in January 1993 to serve as
                Deputy White House Counsel. He initially lived in
                Washington with his sister Sheila Anthony and her
                husband Beryl Anthony. Mrs. Lisa Foster moved to
                Washington in early June 1993, and the family lived in a
                house in the Georgetown section of Washington.

                On the morning of Tuesday, July 20, 1993, six months
                into the Clinton Administration, Mr. Foster drove his
                gray Honda Accord to the White House from the house in
                Georgetown where he and his family were living. After
                dropping off his older son and his daughter on the way
                to work, Mr. Foster arrived at the suite on the second
                floor of the White House's West Wing where White House
                Counsel Bernard Nussbaum and Mr. Foster had offices.
                Three assistants (Mr. Nussbaum's assistants Betsy Pond
                and Linda Tripp and Mr. Foster's assistant Deborah
                Gorham) and an intern (Thomas Castleton) had desks in
                the outer office of the suite.

                According to the testimony of a number of witnesses, Mr.
                Foster attended the morning Rose Garden ceremony
                announcing the nomination of Louis J. Freeh to be
                Director of the FBI. According to Ms. Tripp and Ms.
                Pond, at about 12:00 or 12:30 p.m., Mr. Foster asked
                them for lunch from the White House mess.

                After eating lunch in his office, Mr. Foster left the
                Counsel's suite. He was seen leaving by Ms. Tripp, Ms.
                Pond, and Mr. Castleton. The OIC, like the other
                investigative bodies before us, has not learned of or
                located anyone who definitively saw Mr. Foster from the
                time he left the White House until near 6:00 p.m., at
                which time a private citizen found Mr. Foster dead in
                Fort Marcy Park.

                B. Fort Marcy

                Fort Marcy was constructed as a Civil War earthwork
                fortification. It is located between the George
                Washington Memorial Parkway (GW Parkway) and Chain
                Bridge Road in the Virginia suburbs of Washington, D.C.,
                approximately 6.5 miles by car from downtown Washington.
                The GW Parkway, on which there is virtually constant
                automobile traffic, runs along the Virginia side of the
                Potomac River from Mount Vernon to the Capital Beltway.
                Several bridges connect the Parkway (or roads leading
                to the Parkway) to Washington. A parking lot for the
                park is adjacent to the outbound side of the GW Parkway.
                Inside the park, as of July 1993, were two cannons --
                one closer to the GW Parkway and a second (the one near
                which Mr. Foster was found) closer to Chain Bridge Road.
                That second cannon is approximately 200 yards from the
                parking area.

                Thirty-one witnesses, 19 of whom observed Mr. Foster's
                body, have provided relevant testimony about their
                activities and observations in and around the Fort Marcy
                Park area on July 20, 1993. They include:

                     6 private citizens (one of whom discovered and
                     observed Mr. Foster's body);

                     13 Park Police personnel (9 of whom observed Mr.
                     Foster's body);

                     11 Fairfax County Fire and Rescue Department
                     (FCFRD) personnel (8 of whom observed the body);
                     and

                     Dr. Haut, the doctor representing the Medical
                     Examiner's Office who responded to the scene and
                     examined the body.

                Between about 2:45 and 3:05 p.m., a citizen (C1) driving
                outbound on GW Parkway saw "a dark metallic grey,
                Japanese sedan" occupied by a single, white male
                abruptly enter Fort Marcy Park. C1 said in his initial
                1993 statement to the Park Police that the license plate
                was from Ohio or Arkansas.   Months later, on April 18,
                1994, during Mr. Fiske's investigation, C1 was shown
                photographs of Mr. Foster's car. C1 stated that the car
                in the photographs looked "similar" to the car he
                recalled, but that the license plate on it differed from
                that which he recalled.

                Another citizen (C2) drove his rental car into the Fort
                Marcy parking lot at approximately 4:30 p.m. While
                there, C2 saw one unoccupied car, which he described as
                a "rust brown colored car with Arkansas license plates."
                C2 also saw another nearby car; that car was occupied by
                a man who exited his car as C2 exited his own car. C2
                described this man as having "a look like he had a ...
                an agenda," although "everything I based my observation
                of this guy, was from my gut, more than anything else."
                C2 and the man did not speak to one another. C2 went
                into the park to urinate, and the other man had
                reentered his car by the time C2 returned to the parking
                lot. C2 then left the park in his car.

                A man (C3) and woman (C4) pulled into the Fort Marcy
                parking area in C4's white Nissan at about 5:00 p.m. and
                were still at Fort Marcy when police and rescue
                personnel arrived shortly after 6:00 p.m. While C3 and
                C4 were at Fort Marcy, another citizen (C5) drove his
                white van into the parking lot to urinate. C5 said that
                he exited his van, and while walking through the park,
                found Mr. Foster's body near the second cannon, the
                cannon closer to Chain Bridge Road. C5 then left Fort
                Marcy and drove approximately 2.75 miles further
                outbound on the GW Parkway to a parking area near GW
                Parkway Headquarters; there, C5 reported the dead body
                to two off-duty Park Service employees who called 911.
                Numerous Park Police and FCFRD personnel then responded
                to Fort Marcy Park.

                In the initial response, two groups of FCFRD personnel,
                as well as Park Police Officer Kevin Fornshill, arrived
                at Fort Marcy Park at approximately the same time --
                about 6:10 p.m. They then split into teams to search the
                park. Officer Fornshill and FCFRD personnel George
                Gonzalez and Todd Hall composed one group; FCFRD
                personnel Richard Arthur, James Iacone, Jennifer Wacha,
                and Ralph Pisani formed the other. The Fornshill-Hall
                Gonzalez group first reached the body of Mr. Foster, and
                the other group joined them soon thereafter.

                Twelve additional Park Police personnel subsequently
                arrived at Fort Marcy Park. Officer Franz Ferstl was the
                responding beat officer and, as such, was responsible
                for preparing the incident report. He responded to the
                scene at the same time as Officer Julie Spetz. Sergeant
                Robert Edwards, the District supervisor, also arrived on
                the scene. Ferstl, Spetz, and Edwards arrived before
                approximately 6:15 p.m., according to the report of
                Officer Christine Hodakievic, who arrived at
                approximately 6:15 p.m. and recorded the names of those
                officers already on the scene (Fornshill, Ferstl, Spetz,
                and Edwards). Lieutenant Patrick Gavin arrived in a
                supervisory role at roughly 6:30 p.m., according to his
                recollection.

                According to their reports, Investigators Cheryl Braun
                and John Rolla, the lead Park Police investigators,
                arrived along with Investigator Renee Abt at about 6:35
                p.m. They received investigative assistance from Officer
                Hodakievic, who was an investigator in training at that
                time. Peter Simonello, the Park Police identification
                technician responsible for gathering physical evidence,
                arrived shortly thereafter.

                At the scene, Park Police investigators and the Park
                Police identification technician conducted interviews,
                examined the body and Mr. Foster's car, made notes, took
                photographs, and collected evidence. Later, five of the
                Park Police personnel prepared typed reports: the
                responding beat officer (Ferstl), the two lead
                investigators (Rolla and Braun), Officer Hodakievic, and
                the identification technician (Simonello). Several
                evidence receipts were prepared to record physical
                evidence obtained at the scene.

                When the Park Police and rescue personnel found Mr.
                Foster's body, he was lying on his back on a berm in
                front of the  second cannon, the cannon nearer Chain
                Bridge Road.   He was dead and had a gun in his right
                hand (with his thumb trapped in the trigger guard).
                Gunshot residue-like material was observed on his right
                hand.   When the Park Police lifted and turned over the
                body later that evening, they noted a wound out the back
                of his head, and blood on the ground underneath his head
                and back.   They observed no signs of a struggle.

                Park Police also found a gray, 4-door Honda Accord with
                Arkansas plates in the parking lot; that car, the police
                discovered later that evening, was registered to Mr.
                Foster.   The two lead Park Police investigators (Braun
                and Rolla) photographed and examined the car and, during
                that examination, found Mr. Foster's White House
                identification. The car was towed to a Park Police
                impoundment lot that night.   The next day, the car was
                further photographed and examined at the impoundment
                lot.

                Dr. Haut, the medical examiner's representative, arrived
                at Fort Marcy Park at approximately 7:40 p.m. on July 20
                and confirmed the death. The body was then transported
                by FCFRD ambulance personnel to a morgue at Fairfax
                Hospital in Fairfax, Virginia.

                The witnesses' recollections of precise details at Fort
                Marcy Park vary in some respects (the differences will
                be explored below). Nonetheless, the evidence from the
                scene -- including the gun, the apparent residue, the
                nature of the wound, the blood, the lack of any signs of
                a struggle -- points to the conclusion that death
                resulted from suicide by gunshot. A final determination
                of the manner of death depends on a variety of further
                investigative steps -- most importantly, those
                associated with forensic science.


             
                V. FORENSIC ANALYSES
             
                The forensic analyses, in conjunction with the evidence
                from the scene, confirm that Mr. Foster committed
                suicide in Fort Marcy Park.

                A. Autopsy

                The autopsy occurred on July 21, 1993, in the presence
                of six persons. Dr. James Beyer, Deputy Chief Medical
                Examiner of the Virginia Office of the Chief Medical
                Examiner, conducted the autopsy, aided by an assistant.
                Park Police Sergeant Robert Rule and Officer James
                Morrissette observed the autopsy. Park Police
                Identification Technicians Hill and Johnson took
                photographs at the autopsy and collected evidence such
                as clothing, blood samples, and hair samples. Dr. Beyer
                prepared an autopsy report. He has supplemented the
                report with testimony on several occasions. Dr. Beyer
                has performed over 20,000 autopsies. His responsibility
                is to determine cause of death and, in the case of a
                gunshot wound, to determine with the police the manner
                of death -- suicide, homicide, accident, or
                undetermined.

                Dr. Beyer said Dr. Haut contacted him early on July 21,
                1993, to advise him of Mr. Foster's death.   Dr. Beyer
                recalled that Dr. Haut indicated that there was a
                perforating gunshot wound (that is, a gunshot wound with
                an entrance and exit) and that the Park Police was the
                investigating agency.

                Dr. Beyer recalled that when he opened the body bag,
                there was blood on the right side of the face and on the
                right shoulder area of the shirt.   Dr. Beyer found a
                large amount of blood in the body bag.

                The autopsy report states that Mr. Foster's height was 6
                feet and 4 1/2 inches and his weight was 197 pounds. The
                report indicates no problems or abnormalities with the
                cardiovascular system, respiratory system, liver, gall
                bladder, spleen, pancreas, adrenal and thyroid glands,
                gastrointestinal tract, genitourinary tract, kidneys,
                urinary bladder, or genitalia. The report states that
                the "stomach contains a considerable amount of
                digested food material whose components cannot be
                identified."

                As to the head, the report indicates:

                     Perforating gunshot wound mouth-head; entrance
                     wound is in the posterior oropharynx at a point
                     approximately 7 1/2" from the top of the head;
                     there is also a defect in the tissues of the soft
                     palate and some of these fragments contain probable
                     powder debris. The wound track in the head
                     continues backward and upward with an entrance
                     wound just left of the foremen magnum with tissue
                     damage to the brain stem and left cerebral
                     hemisphere with an irregular exit scalp and skull
                     defect near the midline in the occipital region. No
                     metallic fragments recovered.

                The report contains a diagram of the head and brain area
                that depicts the entrance wound and the fracture line. A
                separate diagram depicts the fracture lines, exit, and
                skull damage. A third page of diagrams of the head area
                states "perforating gunshot wound" and describes the
                entrance wound as follows: "Entrance -- mouth --
                posterior oropharynx -- large defect -- soft palate
                defect / powder debris identified." It describes the
                exit wound as a wound of 1 1/4" x 1". The report
                indicates "backward" and "upward" as the direction of
                the bullet through the head.

                With respect to the wound, Dr. Beyer stated: "The
                entrance wound was in the back of the mouth, what we
                call the posterior oropharynx, where a large defect was
                present. There was also a soft palate tissue defect, and
                powder debris could be identified in the area of the
                soft palate and the back of the mouth. The exit wound is
                depicted [in the autopsy report] as being present three
                inches from the top of the head, approximately in the
                midline, and there is an irregular wound measuring one
                and one quarter inch by one inch. " There was "good
                alignment" between the entrance and exit wounds, and
                there was "no reason to think that this was not an
                entrance and exit defect configuration." As the report
                indicates, Dr. Beyer did not recover any bullets or
                bullet fragments from the body.

                The report states that "sections of soft palate" were
                "positive for powder debris," and Dr. Beyer said that
                the gunpowder debris in the mouth was "grossly
                present,'" meaning that it could be seen with the naked
                eye, and was present in a "large amount." Thus, Dr.
                Beyer stated that "the obvious finding was that the
                muzzle of the weapon had to be in his mouth, close to
                the back of his throat, back of his mouth."

                Dr. Beyer said that he performed "an external
                examination of the body, with photography of the body.
                We then examine the body for any identifying marks, such
                as scars, tatoos or wounds." Dr. Beyer stated that he
                recalls observing powder debris on the right hand. He
                recalled gunpowder debris on the left hand to a much
                lesser degree. (The diagrams in the autopsy report
                indicate "black material" on both the right hand and the
                left hand.) Dr. Beyer also recalled a "tannish brown
                indentation" across the back of the right thumb (the
                thumb which had been in the trigger guard).

                Dr. Beyer said that observation of Mr. Foster's body
                revealed no wounds on the neck, hands, buttocks,
                shoulder, back, or any portion of the body other than
                the head; he said, moreover, that any such wounds would
                have been registered on the anatomic diagram. Dr. Beyer
                stated that "there was no evidence of any trauma to
                the individual other than the gunshot wound."

                Dr. Beyer concluded that this was a self-inflicted wound
                based upon the fact that there was no evidence of any
                trauma other than the gunshot wound, and "no evidence of
                any central nervous system depression or diseased state
                that would have permitted, in my estimation, somebody to
                walk up and put a gun in his mouth and pull the
                trigger."

                Dr. Beyer's conclusions were reviewed by two sets of
                experts, one set retained by the OIC and the other by
                Mr. Fiske's Office. Their analyses of Dr. Beyer's
                findings and of the relevant laboratory analyses are
                outlined below. They confirm the conclusions reached at
                the autopsy.

                B. Laboratory Analyses

                A number of photographs were taken at Fort Marcy Park
                and at the autopsy. In addition, at both the scene and
                the autopsy, the Park Police obtained physical evidence.
                Evidence receipts show that, at the Fort Marcy scene,
                the Park Police obtained physical evidence and clothing,
                including the following:


                     * Colt Army Special .38 caliber revolver, 4",
                     6-shot (obtained from "right hand victim")

                     * round .38 caliber RP 38 SPL HV (from "revolver")

                     * casing .38 caliber RP 38 SPL HV  (from
                     "revolver")

                     * eyeglasses (from berm)

                     * Seiko quartz wrist watch (from "Deceased left
                     wrist")

                     * pager (from "Deceased right side waist area")

                     * silver colored ring (from "Deceased right ring
                     finger")

                     * gold colored band type ring (from "Deceased left
                     ring finger'')

                     * black suit jacket (from "front passenger seat of
                     gray Honda")

                     * blue silk tie with swans (on "top of coat on
                     front passenger seat")

                     * White House Identification (from "under coat on
                     front passenger seat")

                     * brown leather wallet (from "inside suit jacket
                     pocket of suit jacket from front passenger seat")

                At the autopsy, the Park Police obtained physical
                evidence and clothing, including the following:

                     * one vial of blood

                     * lock seal envelope containing pulled head hairs

                     * white colored long sleeve button down shirt with
                     blood stain

                     * white colored short sleeve t-shirt with blood
                     stain

                     * pair white colored boxer shorts

                     * pair blue gray colored pants with black colored
                     belt

                     * pair black colored socks

                     * pair black colored dress shoes, size 11M

                The Park Police and Medical Examiner's Office caused
                several laboratory tests of the evidence to be performed
                during the initial 1993 investigation. In addition, Mr.
                Fiske's Office and the OIC submitted physical evidence
                collected during the investigation of Mr. Foster's death
                to the FBI Laboratory, which has produced reports
                analyzing physical evidence. The OIC also submitted
                physical evidence to Dr. Lee, and he, too, produced a
                report based on his laboratory analyses. The following
                summarizes the relevant laboratory analyses.

                1. Gun

                a. Operation

                The .38 caliber revolver recovered from Mr. Foster's
                hand at Fort Marcy Park had a four-inch barrel and a
                capacity of six shots. It had one live round and one
                spent casing. Had the trigger been pulled again, the
                next shot would have fired the remaining round.

                In August 1993, at the request of the Park Police, the
                Bureau of Alcohol, Tobacco and Firearms (ATF) Laboratory
                examined the revolver and found that it functioned. The
                ATF Laboratory determined that the cartridge case found
                in the cylinder under the hammer was fired in that gun.
                The FBI Laboratory also test-fired the gun and
                determined that it "functioned normally" and that the
                trigger pulls were normal. The .38 caliber cartridge
                case "was identified as having been fired in the . . .
                revolver. " Like the expended cartridge, the unexpended
                cartridge was .38 caliber manufactured by Remington.
                They bore similar headstamps. Dr. Lee also test-fired
                the revolver and found that it was operable.

                b. Serial Numbers

                An ATF report on the gun's two serial numbers revealed a
                purchase at the Seattle Hardware Company in Seattle,
                Washington, on September 14, 1913, and at the Gus Habich
                Company in Indianapolis, Indiana, on December 29, 1913.
                The gun could not be further traced. Laboratory
                examination of the gun

                     found no indication of any alteration of the serial
                     number of the weapon. . . . The additional serial
                     number on the crane of the firearm most likely
                     occurred at some time when the eighty year-old
                     weapon was repaired. There is no realistic way to
                     determine when such a repair occurred. The exchange
                     of the two numbers between the frame and the crane
                     is a condition noted on many similar firearms in
                     the Laboratory's Reference Firearms Collection and
                     is not considered significant.

                c. Ammunition

                Dr. Lee noted that the ammunition found in this weapon
                was type "RP .38 SPL HV," manufactured by Remington
                Peters. Dr. Lee stated that information from the
                manufacturer indicated that this ammunition was
                discontinued in 1975, and that the cartridge therefore
                would have been manufactured prior to that time.

                d. DNA

                DNA consistent with Mr. Foster's DNA was detected on the
                muzzle portion of the barrel of the revolver. In
                particular, DNA type DQ alpha 2, 4 was detected on the
                gun and in Mr. Foster's blood.

                e. Blood

                The gun was recovered at the scene by Park Police
                Technician Simonello and subsequently packaged in brown
                paper for storage in an evidence locker. While the Park
                Police's subsequent examinations for fingerprints and
                other evidence could have removed some trace evidence
                that might have existed on the gun, Dr. Lee examined the
                gun and reported that "small specks of
                brownish-colored deposits were noted." Dr. Lee found
                that "some of these deposits gave positive results
                with a chemical test for blood" although the "quantity
                of sample present was insufficient for further
                analysis."

                Dr. Lee also reported that "macroscopic and
                microscopic examination of [the] piece of paper"
                originally wrapped around the barrel of the revolver for
                evidence storage "revealed the presence of
                reddish-colored particles. These stains also gave
                positive results with a chemical test for blood." Dr.
                Lee stated that "this fact suggests that the barrel of
                the weapon was in contact or at close range to a source
                of liquid blood."

                Dr. Lee further stated that "blood spatters and
                tissuelike materials were noted on the fingerprint lift
                tape from the weapon." Dr. Lee concluded that "the
                presence of blood and tissue-like materials on the lifts
                is another strong indication that this weapon was fired
                while in contact with or close to a blood source."

                f. Fingerprints

                Identification Technician E.J. Smith of the Park Police
                examined the gun for latent fingerprints on July 23,
                1993. The results were negative. The FBI Laboratory
                later examined the gun and similarly detected no latent
                prints on the exterior surface of the weapon.

                In his report to the OIC, Dr. Lee explained that "the
                handle grip area of [the .38 Colt revolver] is textured
                and is not typical of the type of surface which commonly
                results in the development of identifiable latent
                fingerprints."   He also noted that the fingerprint
                powder method was used when the Park Police initially
                tested the gun; "although the fingerprint powder
                method is one of the most common techniques used in the
                latent print field, there are also newer technologies,
                such as cyanoacrylate fuming, laser, and forensic
                lighting techniques which could have been used in this
                case. It is unknown at this time whether these
                techniques would have provided additional information"
                had they initially been employed.

                The FBI Laboratory also noted that a lack of
                fingerprints is not extraordinary and that "generally,
                the determining factors in leaving latent prints are
                having a transferable substance, i.e., sweat, sebaceous
                oil or other substance on the fingers, and having a
                surface that is receptive to receiving the substance
                that forms the latent prints. A clean, smooth, flat
                surface is most receptive for transfer of any substance
                from the fingers," and the surface of the grip handle at
                issue here was textured, not smooth.

                g. Marks on Body from Gunshot and Gun

                (1) Gunshot Residue on Hands

                The photographs of Mr. Foster's right hand taken at Fort
                Marcy Park and during the autopsy depict black gunshot
                residuelike material on the right forefinger and the
                area between the thumb and forefinger. The autopsy
                report also noted material on the forefinger area of the
                left hand.

                During the Park Police investigation, the ATF Laboratory
                found that gunshot residue patterns reproduced in the
                laboratory were consistent with those seen in the
                photographs taken by the Park Police at the scene. The
                FBI Laboratory similarly stated that gunshot residue on
                the right forefinger area of the right hand is
                "consistent with the disposition of smoke from muzzle
                blast or cylinder blast when the . . . revolver is fired
                using ammunition like that represented by" the cartridge
                and casing recovered from the gun "when this area of the
                right hand is positioned near the front of the cylinder
                or to the side of and near the muzzle."

                Dr. Lee conducted test firings using a laboratory
                standard weapon and the same kind of ammunition that was
                found in the revolver recovered from Mr. Foster's hand.
                With the standard weapon, little or no observable
                gunpowder particles were released from the cylinder area
                or onto the shooter's hand. However, Dr. Lee reported
                that each test-fired shot of the revolver found in Mr.
                Foster's hand at Fort Marcy Park produced a significant
                amount of unburned and partially burned gunpowder.
                Relatedly, Dr. Lee reported that the gun had an
                "extraordinary front cylinder gap" (the space between
                the cylinder and the barrel) of .01 inch through which
                gunpowder residue is expelled when the gun is fired. Dr.
                Lee stated that the gap was one "possible cause of the
                deposit of a large amount of gunshot residue particles
                on Mr. Foster's body and clothing."

                (2) Indentation on Thumb

                The revolver was recovered from Mr. Foster's right hand
                at the scene at Fort Marcy Park by Park Police
                Technician Simonello. Technician Simonello reported that
                Mr. Foster's thumb was trapped in the trigger guard of
                the gun. Consistent with Technician Simonello's
                observation, the autopsy photographs depict an
                indentation mark on the inside of the right thumb.

                     The mark on the inside of the right thumb
                     which is visible in the [autopsy] photograph
                     is consistent with a mark produced by the
                     trigger of the . . . revolver when this
                     portion of the right thumb is wedged between
                     the front of the trigger and the inside of the
                     front of the trigger guard of the . . .
                     revolver when the trigger rebounds (moves
                     forward). The trigger of the . . . revolver
                     automatically rebounds when released after
                     firing (single or double action) or whenever
                     the trigger is released after it is moved to
                     the rear. This mark is consistent with the
                     position of the right thumb of the victim in
                     the trigger guard of the revolver in [three
                     Polaroid] photographs.

                                    Part V Continues

 
             
                h. Summary: Gun

                Dr. Lee concluded, "based on laboratory observations
                and the examination of the scene photographs,'' that
                "the revolver . . . is consistent with the weapon which
                resulted in the death of Mr. Vincent Foster. The barrel
                of this weapon was likely in Mr. Foster's mouth at the
                time the weapon was discharged. Gunshot residue noted on
                Mr. Foster's right hand and the lesser amount of
                deposits on his left hand indicated that Mr. Foster held
                the weapon when it was fired."

                2. Clothing

                At the autopsy, clothing was removed from Mr. Foster's
                body and placed on a table in the autopsy room. Park
                Police Officer Johnson took this clothing and placed it
                in a single bag for return to the Park Police offices.
                There, brown wrapping paper was laid on the floor of a
                photography room and the clothes placed on that paper.
                The clothes were left to dry in the photography room
                until Monday, July 26, when Technician Simonello
                packaged the clothing and put it into an evidence
                locker.

                The FBI Laboratory and Dr. Lee independently examined
                the clothing, examined debris collected from the
                clothing by the FBI Laboratory during the 1994
                investigation conducted by Mr. Fiske's Office, studied
                photographs taken at the scene and autopsy, and reported
                a number of findings related to the clothing.

                a. Gunshot Residue

                Dr. Lee, in his examinations, reported "small deposits
                of gunpowder residue and partially burned gunpowder
                particles" on the shirt. Earlier FBI Laboratory
                examination of the shirt resulted in a positive reaction
                for vaporized lead and very fine particulate lead on the
                front of the shirt. "This type of reaction is consistent
                with the type of reaction expected when a firearm is
                discharged in close proximity to this portion of the
                shirt. It is consistent with muzzle blast or cylinder
                blast from a revolver like the [submitted] revolver
                using ammunition like" the cartridge and cartridge case
                submitted with the gun. The FBI Laboratory further
                stated that

                     subsequent chemical processing of the . . . shirt
                     in the Laboratory revealed lead residues in a small
                     area near the sixth button from the collar on the
                     front of the . . . shirt. This reaction could have
                     been caused by contact with a source of lead
                     residues. Lead residues were also detected on the
                     underside of the edge of the collar on the left
                     side of the . . . shirt. This small area of lead
                     residues could have been caused by the discharge of
                     a firearm consistent with the positive reaction
                     noted above when the [submitted] shirt was received
                     in the Laboratory.

                The FBI Laboratory reported that these gunshot residues
                "are consistent with the cylinder blast or the muzzle
                blasts" which would be produced if the revolver was
                fired "in close proximity to the front of this shirt."

                Similarly, when the ATF Laboratory, at the request of
                the Park Police, tested Mr. Foster's shirt, it found ''a
                positive reaction consistent with the discharge of a
                revolver in close proximity to the upper front of the
                shirt."

                b. Bloodstain Patterns as Depicted in Photographs From
                Scene

                The FBI Laboratory examined the bloodstain patterns
                depicted in the Polaroids taken at the scene. The
                Laboratory Report stated:

                     Photographs of the victim at the incident scene
                     depict apparent blood stains on his face and the
                     right shoulder of his dress shirt. The staining on
                     the shirt covers the top of the shoulder from the
                     neck to the top of the arm and consists of
                     saturating stains typical of having been caused by
                     a flow of blood onto or soaking into the fabric.
                     The stains on his face take the form of two drain
                     tracks and one larger contact stain. . . .

                     The contact stain on the right cheek and jaw of
                     the victim is typical of having been caused by a
                     blotting action, such as would happen if a
                     blood-soaked object was brought in contact with the
                     side of his face and taken away, leaving the
                     observed pattern behind. The closest blood-bearing
                     object which could have caused this staining is the
                     right shoulder of the victim's shirt. The quantity,
                     configuration and distribution of the blood on the
                     shirt and the right cheek and jaw of the victim are
                     consistent with the jaw being in contact with the
                     shoulder of the shirt at some time.

                Dr. Lee also examined the photographs taken at Fort
                Marcy Park. He noted that the photographs of the shirt
                show several areas of bloodstains, including
                "saturated-type bloodstains" on the "shoulder and collar
                region.''

                On a separate bloodstain issue, Dr. Lee examined the
                photographs and reported that "high velocity impact
                type blood spatters were observed on Mr. Foster's face,
                hands, and shirt." Dr. Lee stated that "this type of
                blood spatter typically is produced at the time when a
                weapon is discharged and the spatters result from the
                backspatter of the gunshot wound." Dr. Lee reported that
                "these blood spatters are intact and no signs of
                alteration or smudging were observed." This finding is
                in conflict with any theory that the fatal shot was
                fired elsewhere and the head wrapped during movement or
                cleaned upon arrival -- because those actions likely
                would have altered, smudged, or eliminated the blood
                spatters, contrary to what Dr. Lee found.

                c. Blood Drainage After Movement From Fort Marcy Park
                and Bloodstains on Clothing at Autopsy

                Dr. Lee noted that Dr. Beyer had "observed a large
                amount of liquid blood in the body bag and in Mr.
                Foster's body," which "further indicates that the
                location where the body was found is consistent with the
                primary scene [and that it] is, therefore, unlikely that
                Mr. Foster's body was moved to the Fort Marcy Park scene
                from another location."

                The shirt itself, which was removed at the autopsy after
                movement of the body to the morgue, contains bloodstains
                on areas where blood does not appear in the photographs
                of the body at the scene. Dr. Lee stated that these
                stains on the shirt "most likely occurred when the body
                was placed into the body bag and moved from the scene
                and/or when in the body bag, prior to the collection of
                the decedent's clothing." As noted below, the experts
                concluded that the shirt likely would have been more
                extensively stained when the body was found at the
                second cannon area at Fort Marcy Park had the body been
                moved from another location.

                d. Mineral/Vegetative Material

                Dr. Lee reported that examination of a photograph of Mr.
                Foster's shoes taken by the FBI Laboratory at the time
                of its initial examination revealed brownish smears on
                the left heel. Dr. Lee further stated that his own
                macroscopic and microscopic examinations of the shoes
                revealed the presence of soil-like debris. (The FBI
                Laboratory photo of the shoes, taken in 1994 at the time
                of the Laboratory's examination of the clothing, shows
                traces of soil visible to the naked eye.) Dr. Lee found
                that "trace materials were located embedded in the
                grooves of the sole patterns at the heel of [the left
                shoe]. A portion of this material subsequently was
                removed. Microscopic and macroscopic examination showed
                this material to contain mineral particles, including
                mica, other soil materials, and vegetative matter." Dr.
                Lee stated that this fact "indicates the sole of the
                shoe had direct contact with a soil surface containing
                these materials."

                e. Lack of Rips, Tears, or Scraping on Clothing

                Dr. Lee found a small amount of vegetative material on
                Mr. Foster's shirt that could have resulted from contact
                with the ground in the park. Dr. Lee found no ripping,
                tearing, or scratch or scraping-type marks on the shirt.
                Dr. Lee stated that this fact "suggests that no
                prolonged moving contact with a soil surface occurred
                which would cause the type of damage commonly resulting
                from dragging or similar action."

                Dr. Lee reported that soil and grasslike materials were
                similarly present on the pants in the area of the rear
                pocket, which indicates that the pants had direct
                contact with a soil surface. Dr. Lee reported that "no
                dragging-type soil patterns or damage which could have
                resulted from dragging-type action were observed on
                these pants."

                f. Bone Chip

                Dr. Lee examined debris collected from Mr. Foster's
                clothing and reported that the debris was "found to
                contain a bone chip." Dr. Lee stated that DNA was
                extracted from this bone fragment and amplified, and the
                DNA profile generated for this bone sample was
                consistent with the DNA types of Mr. Foster. Based on
                his analysis of the evidence, Dr. Lee concluded that
                "this bone chip originated from Mr. Foster and
                separated from his skull at the time the projectile
                exited Mr. Foster's head.''

                g. Pants Pocket and Oven Mitt

                William Kennedy, Associate White House Counsel,
                eventually took possession of Mr. Foster's car on behalf
                of the Foster family after the Park Police released it
                on July 28, 1993. Mr. Kennedy maintained contents of the
                car that had not been taken into evidence by the Park
                Police, and he produced those contents to investigators
                from Mr. Fiske's Office.   The contents included a
                kitchen oven mitt that had been in the glove compartment
                in Mr. Foster's car (the mitt is depicted in the glove
                compartment in the Park Police photographs of the car
                taken at the impoundment lot on July 21).

                Dr. Lee's examinations of this oven mitt and of Mr.
                Foster's pants (taken into evidence by the Park Police
                at the autopsy on July 21) produced circumstantial
                evidence relevant to the investigation.

                Dr. Lee reported that "macroscopic and microscopic
                examination of the inside of the front pants pockets
                revealed the presence of fibers and other materials,
                including a portion of a sunflower seed husk in the
                front left pocket. Instrumental analysis of particles
                removed from the pocket surface revealed the presence of
                lead. These materials were also found inside the oven
                mitt located in the glove compartment of Mr. Foster's
                vehicle. . . . The presence of these trace materials
                could indicate that they share a common origin. These
                materials in the pants pocket clearly resulted from the
                transfer by an intermediate object, such as the Colt
                weapon."

                As noted, Dr. Lee also examined the oven mitt recovered
                from Mr. Foster's car. He reported: "Dark particle
                residues were located inside of the oven mitt.
                Instrumental analysis revealed the presence of the
                elements lead and antimony in these particles; this
                finding could indicate that an item which had gunshot
                residue on it, such as the revolver . . ., came in
                contact with the interior of [the oven mitt]."

                Dr. Lee further stated that "sunflower-type seed husks
                were located on the inner surfaces of this oven mitt.
                These sunflower seed particles were similar to the
                sunflower seed husks found in Mr. Foster's front, left
                pants pocket." Dr. Lee stated that "this finding
                suggests that the sunflower seed husk  found inside the
                pants pocket could have been transferred from the oven
                mitt through an intermediate object, such as the
                revolver."

                Virtually all theories that the manner of death was not
                suicide assume that Mr. Foster did not previously
                possess the gun recovered from his hand at Fort Marcy
                Park. Apart from a variety of other compelling
                circumstantial and testimonial evidence (discussed
                below) that the gun belonged to Mr. Foster, the evidence
                regarding the pants pocket and oven mitt also tends to
                link Mr. Foster to the gun. Mr. Foster was found by
                police and rescue personnel with the gun that fired the
                fatal shot in his hand, and the oven mitt was found in
                the glove compartment in his car. There is no evidence,
                moreover, that anyone other than Mr. Foster did place or
                would have placed this or any other gun into Mr.
                Foster's pants pocket and into the oven mitt. Those
                pieces of evidence, when considered together and with
                all of the other evidence, tend to link Mr. Foster to
                the gun and thus tend to refute a theory that the manner
                of death was not suicide. The evidence regarding the
                pants pocket and oven mitt does not itself compel a
                finding as to location of death, but it is consistent
                with a scenario in which Mr. Foster transported the gun
                from the Foster home in the oven mitt, and carried the
                gun in his pants pocket as he walked from his car in
                Fort Marcy Park to the berm near the second cannon.

                h. Hairs and Fibers

                In debris collected from Mr. Foster's clothing, the FBI
                Laboratory reported finding two blond to light brown
                head hairs of Caucasian origin that were suitable for
                comparison purposes and dissimilar to those of Mr.
                Foster. The hairs did not appear to have been forcibly
                removed. Hair evidence can become important or relevant
                in a criminal investigation when there is a known
                suspect and a significant evidentiary question whether
                the suspect can be forensically linked to another person
                (a rape or murder victim, for example) or to a
                particular location. If the suspect is a stranger to the
                victim or the scene, the presence of the suspect's hair
                is relevant in assessing whether he or she had contact
                with the victim or scene. In this case, however, the
                only known individuals who reasonably might have been
                compelled to provide hair samples were persons already
                known to have had contact with Mr. Foster.

                The FBI Laboratory reported 35 definitive carpet-type
                fibers in the debris collected from the clothing. Of
                those fibers, 23 were white fibers. OIC investigators
                sought to determine a possible source for the fibers --
                for the white fibers in particular, in light of the
                number of white fibers in comparison to the limited
                number of fibers of other colors. The logical known
                sources for possible comparison were carpets from
                locations with which Mr. Foster was known to heave been
                in contact -- his car, home, and workplace. OIC
                investigators obtained carpet samples from those
                sources, including from a white carpet located in 1993
                in the house in Washington where Mr. Foster lived with
                his family. The FBI Laboratory determined that the white
                fibers obtained from Mr. Foster's clothing were
                consistent with the samples obtained from that carpet.

                In sum, therefore, the carpet fiber evidence -- the
                determination that the white fibers were consistent with
                a carpet from the Fosters' house and the variety and
                insignificant number of other fibers -- does not support
                speculation that Mr. Foster was wrapped and moved in a
                carpet on July 20. Indeed, the fiber evidence, when
                considered together with the entirety of the evidence,
                is inconsistent with such speculation.

                3. Eyeglasses

                When found, Mr. Foster's body was located on a steep
                berm  with his head higher than his feet and his feet
                pointed essentially straight down the berm. Mr. Foster's
                eyeglasses were recovered by Park Police Technician
                Simonello approximately 13 feet below Mr. Foster's feet.

                a. Blood

                Dr. Lee stated that "bloodstains were found on both
                sides of the lenses" of Mr. Foster's eyeglasses. These
                bloodstains "were less than or equal to 1 mm in size. In
                addition, bloodlike and tissue-like materials were
                identified on the [fingerprint] lifts of the eyeglasses.
                "

                b. Gunpowder

                The FBI Laboratory found one piece of ball smokeless
                powder on the eyeglasses, and it was "physically and
                chemically similar" to the gunpowder identified in the
                cartridge case.

                c. Summary: Eyeglasses

                Dr. Lee stated that the above facts "support the
                interpretation that Mr. Foster was wearing his
                eyeglasses at the time the gun was discharged." The
                analyses and conclusions of the experts and
                investigators in this and prior investigations reveal
                that the location where the glasses were found is
                consistent with the conclusion that Mr. Foster was
                wearing the glasses at the time the shot was fired.

                4. Surrounding Area

                a. Gunshot Residue in Soil

                As part of his examination, Dr. Lee went to Fort Marcy
                Park with OIC investigators and obtained soil and other
                materials from the berm on which Mr. Foster's body was
                found. Dr. Lee examined the soil samples; he reported
                that "a few unburned and partially deformed
                gunpowder-like particles were recovered from the soil in
                the area where Vincent Foster's body was found.'' It
                cannot be determined "whether these particles were
                deposited on the ground at the time of Mr. Foster's
                death or at any other period of time."

                b. Possible Bloodstains on Vegetation at Scene

                Dr. Lee stated that one photograph of the scene "shows a
                view of the vegetation in the areas where Mr. Foster's
                body was found. Reddish-brown, blood-like stains can be
                seen on several leaves of the vegetation in this area."
                He also noted that "a close-up view of some of these
                blood-like stains can be seen in [a separate]
                photograph."

 
            
               5. Contents of Bodily Fluid

                During the 1993 investigation, the Laboratory of the
                Virginia Division of Forensic Science found that the
                blood, vitreous humor, and urine were negative for
                alcohols and ketones. The Laboratory did not detect
                "phencyclidine, morphine, cocaine, [or]
                benzoylecgonine"; "other alkaline extractable drugs"; or
                "acidic [or] neutral drugs."

                The FBI Laboratory later conducted more sensitive
                testing and determined that the blood sample from Mr.
                Foster contained trazodone. Trazodone was an
                antidepressant medication prescribed as Desyrel by Mr.
                Foster's physician on July 19, 1993, and Mr. Foster took
                one tablet that night, according to his wife.

                C. Review by Pathologists

                Because of the importance of the forensic evidence to
                the conclusion about cause and manner of death, the OIC
                retained Dr. Brian Blackbourne as an expert pathologist
                to assist the investigation. Dr. Blackbourne reviewed
                the relevant reports, photographs, and microscopic
                slides; toured Fort Marcy Park; and interviewed Dr.
                Beyer, Dr. Haut, and FBI and Virginia laboratory
                personnel. He provided a report to the OIC summarizing
                his work on the forensic issues and setting forth his
                analysis.

                Dr. Blackbourne concluded that Mr. Foster "died of a
                contact gunshot wound of the mouth, perforating his
                skull and brain." Dr. Blackbourne based that conclusion
                "upon the autopsy report, diagrams and photographs and
                my examination of the microscopic slides of the entrance
                wound in the soft palate and posterior oropharynx which
                demonstrated extensive soot."

                Dr. Blackbourne concluded that Mr. Foster was alive at
                the time the shot was fired. Dr. Blackbourne based this
                conclusion


                     upon the autopsy report and photographic evidence
                     that there was bleeding beneath the scalp about the
                     gunshot exit wound and beneath the fractures of the
                     back of the skull. Such bleeding requires the heart
                     to be beating at the time these injuries occurred.
                     The autopsy report and my microscopic observation
                     that blood was aspirated into the lungs requires
                     that the person be breathing in order to suck the
                     blood into the small air sacks of the lung.

                Dr. Blackbourne concluded that Mr. Foster "fired the gun
                with the muzzle in his mouth, his right thumb pulling
                the trigger and supporting the gun with both hands and
                with both index fingers relatively close to the cylinder
                gap (the space between the cylinder and the barrel)."
                Dr. Blackbourne reasoned that ''the dense deposit of
                soot on the soft palate and oropharynx indicated that
                the gun was discharged in close proximity to the soft
                palate." In addition, the DNA from the muzzle of the gun
                was consistent with that of Mr. Foster. Furthermore,
                "the right thumb was entrapped within the trigger
                guard by the forward motion of the trigger after the
                revolver was fired." Finally, Dr. Blackbourne stated
                that "when a revolver is fired, smoke issues out of
                the space between the cylinder and the barrel. This
                smoke will be deposited on skin, clothing or other
                objects close to the cylinder gap. The autopsy report
                documents that smoke deposits were noted on the radial
                aspect of both right and left index fingers. Dr. Beyer
                told me that there was more deposit on the right as
                compared to the left index fingers."

                Dr. Blackbourne concluded that "at the time of his
                death Vincent Foster was not under the influence of
                alcohol, narcotics, [or] cocaine." Dr. Blackbourne based
                this conclusion upon the toxicology reports of the
                Virginia Division of Forensic Science Toxicology
                Laboratory and the FBI Laboratory; a meeting with the
                personnel of the FBI Laboratory; and a discussion with
                the toxicologist for the Virginia Division of Forensic
                Science who performed work on the Foster case in 1993.

                Dr. Blackbourne concluded that the gunshot wound that
                caused Mr. Foster's death occurred in Fort Marcy Park at
                the location where his body was discovered. Dr.
                Blackbourne based this conclusion

                     upon the fact that he would be immediately
                     unconscious following the gunshot wound through the
                     brain. Movement of the body, after the gunshot, by
                     another person(s) would have produced a trail of
                     dripping blood and displaced some of his clothing.
                     If he had been transported from another location,
                     such movement would have resulted in much greater
                     blood soilage of his clothing (as was seen when he
                     later was placed in a body bag and transported to
                     Fairfax Hospital and later to the Medical
                     Examiner's Office). No trail of dripping blood was
                     observed about the body on the scene. His clothing
                     was neat and not displaced. The blood beneath the
                     head and on the face and shoulder is consistent
                     with coming from the entrance and exit wounds.

                Dr. Blackbourne concluded that the blood draining from
                the right nostril and right side of the mouth, as
                documented by Polaroid scene photographs, suggests that
                an early observer may have caused movement of the head.
                Dr. Blackbourne based this conclusion

                     upon the fact that blood will pool in the mouth and
                     nasopharynx while the heart is still beating
                     following a gunshot wound of the back of the mouth.
                     This blood may drain toward the dependent side of
                     the head if the volume of blood exceeds the
                     capacity of the mouth. There will be a thin
                     trickle. The broad area of blood covering the right
                     lower face, chin and right side of his neck and
                     extending over the right shoulder and right collar
                     of his shirt would result from the sudden drainage
                     of all of the blood in his mouth. . . . This event
                     occurred prior to taking the Polaroid scene
                     photographs.

                Based on all of the above evidence, analyses, and
                conclusions, Dr. Blackbourne concluded that "Vincent
                Foster committed suicide on July 20, 1993 in Ft. Marcy
                Park by placing a .38 caliber revolver in his mouth and
                pulling the trigger. His death was at his own hand."


           
                VI. ISSUES RELATING TO EVIDENCE AT SCENE
            
                Evidence from the scene and regarding the activities and
                observations of persons in and around Fort Marcy Park on
                July 20, 1993, raised certain issues requiring further
                investigative work.

                A. Blood Transfer Stain

                The Polaroids of the body at the scene depict, and many
                witnesses who observed the body at the scene describe,
                the position of the head as facing virtually straight,
                not tilting noticeably to one side or the other. The
                Polaroids depict a blood transfer stain in the area of
                the right side of the face. As explained in previous
                sections, the expert pathologists and Dr. Lee analyzed
                this blood evidence and the Polaroid photographs. They
                concluded, based on the blood transfer stain, that the
                head made contact with the right shoulder at some point
                before the Polaroids were taken. The testimony and
                contemporaneous reports point to the conclusion that
                rescue personnel at the scene handled the decedent's
                head to check for vital signs and open an airway.

                B. Quantity of Blood

                Many who saw the body at Fort Marcy Park after it was
                lifted and rolled over at the scene described a quantity
                of blood behind Mr. Foster's head, under his body, and
                on the back of his shirt. A reporter and Park Police
                officers separately visited the scene on July 21 and 22,
                1993, and stated that they could identify the spot where
                the body had been located by the blood soaked into the
                ground. A reporter placed a stick into the ground where
                the blood spot was located and estimated the blood depth
                at one-eighth inch.

                In addition, as Dr. Lee stated regarding the quantity of
                blood, the photographs at the autopsy reveal blood
                staining on the clothes that was not depicted at the
                scene. Moreover, Dr. Beyer, who performed the autopsy,
                found a large amount of blood in the body bag. These
                facts indicate that still more blood drained from the
                body during movement from the Fort Marcy scene to the
                autopsy.

                There has been occasional public suggestion, premised on
                the supposedly low amount of blood observed at the Fort
                Marcy scene, that blood must already have drained from
                the body elsewhere and that the fatal shot therefore
                must have been fired elsewhere. As revealed by the
                foregoing descriptions of the evidence, the underlying
                premise of this theory is erroneous: A quantity of blood
                was observed at the park under the body and on the back
                of the head and shirt. Moreover, the suggestion fails to
                account for the blood that subsequently drained from Mr.
                Foster's body during movement to the autopsy. The
                blood-quantity evidence, even when considered in
                isolation from other evidence, does not support (and
                indeed contravenes) a suggestion that the fatal shot was
                fired at a place other than where Mr. Foster was found
                at Fort Marcy Park.

                C. Unidentified Persons and Cars

                The evidence establishes that at least three cars
                belonging to civilians were in and around the Fort Marcy
                parking lot area when the first Park Police and FCFRD
                personnel arrived: (1) Mr. Foster's gray Honda Accord
                with Arkansas tags; (2) the white Nissan with Maryland
                tags driven by C4; and (3) the broken- down blue
                Mercedes driven by C6. The three cars belonging to Mr.
                Foster, C4, and C6 are the only cars positively
                identified and known to law enforcement and the OIC that
                were in the Fort Marcy Park parking lot area in the
                6:00- 8:30 p.m. time frame and that belong to persons
                other than FCFRD personnel, Park Police personnel,
                towing personnel, and Dr. Haut.

                During the afternoon, before Park Police and FCFRD
                personnel were called to the scene at Fort Marcy Park,
                C2 saw a man in a car next to him; C3 and C4's
                statements suggest the presence of at least one man in
                the parking lot and perhaps a jogger; and C6, after her
                car broke down, saw a man on the entrance ramp to the
                parking lot who asked her if she needed a ride. Law
                enforcement and the OIC are not aware of the identities
                of the persons (other than C5) described by C2, C3, C4,
                and C6. There is no evidence that any of those
                unidentified persons (or any identified persons, for
                that matter) had any connection to Mr. Foster's death;
                and the totality of the forensic, circumstantial,
                testimonial, and state-of-mind evidence contrasts with
                any such speculation.

                D. Car Locks

                The Park Police investigators (Braun and Rolla) who
                entered and searched Mr. Foster's car at Fort Marcy Park
                said that they were able to enter the car without keys
                because the car was not locked. James Iacone of the
                FCFRD stated that he had tried at least one of the doors
                and that it was locked. That statement contrasts with
                that of Ralph Pisani of the FCFRD, who said that he,
                Jennifer Wacha, and Iacone looked into the Honda, but
                that no one tried the doors. In any event, even were
                Iacone's recollection more accurate than the others, the
                statement would be of uncertain significance, inasmuch
                as it is, of course, possible that one or more of the
                four doors was locked and one or more unlocked.

                E. Neighborhood

                OIC investigators canvassed the area surrounding Fort
                Marcy Park to determine whether anyone observed, heard,
                or had knowledge of relevant activity on July 20. That
                effort did not yield relevant information.

                F. Pager

                A Park Police evidence control receipt indicates that at
                the scene, Investigator Rolla took possession of Mr.
                Foster's pager from his right waist area. The receipt
                reveals that the pager, along with other personal
                property such as Mr. Foster's wallet, rings, and watch,
                were released to the White House on the evening of July
                21 to be returned to the Foster family. Investigator
                Rolla said that Mr. Foster's pager was off when he
                recovered it. White House records of pager messages do
                not indicate messages sent to or from Mr. Foster on July
                20.

 
            
               VII. ISSUES RELATING TO CONDUCT OF INITIAL INVESTIGATION
            
               Certain issues related to the conduct of the initial
                1993 investigation into Mr. Foster's death warrant
                discussion in this report.

                A. Photographs

                Park Police Identification Technician Simonello took 35
                millimeter photographs of Mr. Foster's body and of the
                scene. Park Police investigators also took a number of
                Polaroids of Mr. Foster's body and of the scene.
                Polaroids taken at a crime or death scene develop
                immediately, and thus are useful in the event that
                problems subsequently occur in developing other film (as
                occurred here ).

                Thirteen of the Polaroids provided to Mr. Fiske's Office
                and the OIC are of the body scene, and five are of the
                parking lot scene. Of the 13 Polaroids of the body
                scene, eight are initialed by Investigator Rolla. The
                backs of the other five say "from C202 Sgt. Edwards
                7-20-93 on scene." Officer Ferstl said that he took
                Polaroids and, without initialing or marking them, gave
                them to Sergeant Edwards, who gave them to the
                investigators. Sergeant Edwards does not recall taking
                Polaroids himself.

                B. Keys

                Investigator Rolla said he felt into Mr. Foster's pants
                pockets at the scene in looking for personal effects.
                Later, when it became apparent to Investigators Rolla
                and Braun that they did not have the keys to the car,
                they went to the hospital to check more thoroughly for
                keys. The hospital logs indicate that Investigators
                Rolla and Braun were at the morgue at 9:12 p.m.
                Investigator Braun thoroughly searched the pants pockets
                by pulling the pockets inside out, and she found two
                sets of keys. She prepared an evidence receipt
                indicating that the keys were taken from the right pants
                pocket, and she subsequently placed the keys in an
                evidence locker.

                C. X-Rays

                Although no x-rays were produced from the autopsy, the
                gunshot wound chart in the autopsy report has a mark
                next to "x-rays made." Dr. Beyer has stated that either
                he did not take x-rays because the machine was not
                functioning properly at the time, or that if he
                attempted to take x-rays, they did not turn out. He
                stated:

                          I had intended to take x-rays, but our x-ray
                          machine was not functioning properly that day.
                          And if we took any all we got was a totally
                          black, unreadable x-ray, so I have no x-rays
                          in the file. . . . I could very well have
                          tried to use it on the Foster autopsy and got
                          an unreadable x-ray. If his wound had been a
                          penetrating wound, where there was only a
                          wound of entrance, and the missile was
                          retained within the body, then there would
                          have been a requirement that I have an x-ray.
                          Since this was a perforating wound, where
                          there was a wound of entrance and a wound of
                          exit, and I was going to examine the tissue
                          through which the missile path had taken, I
                          concluded we could proceed without the x-ray,
                          rather than delay it six to eight hours.

                Dr. Beyer's assistant recalled that, at the time of the
                Foster autopsy, the laboratory had recently obtained a
                new x-ray machine and that it was not functioning
                properly. The assistant stated that the machine
                sometimes would expose the film and sometimes would not.
                In this case, the assistant recalled moving the machine
                over Mr. Foster's body in the usual procedure and taking
                the x-ray. He said that he did not know until near the
                end of the autopsy that the machine did not expose the
                film. In addition, like Dr. Beyer and the assistant, the
                administrative manager of the Medical Examiner's Office
                recalled "numerous problems" with the x-ray machine in
                1993 (which, according to records, had been delivered in
                June 1993).

                With respect to the check of the x-ray box on the
                report, Dr. Beyer stated that he checked that box before
                the autopsy while completing preliminary information on
                the form and that he mistakenly did not erase that check
                mark when the report was finalized.


            
                VIII. OTHER ISSUES
            
                Several other issues have arisen and been examined by
                the OIC.

                A. Gun Observations and Ownership

                The OIC conducted investigation and analysis with
                respect to the gun, both as to observations of the gun
                at the scene and ownership of the gun.

                1. Observations of Gun at Scene

                According to the testimony of the first three official
                personnel to find the body (Park Police Officer
                Fornshill and FCFRD personnel Hall and Gonzalez), the
                gun was in Mr. Foster's hand when they found the body
                (although Officer Fornshill himself did not see or look
                for it, but rather was told of it by the others). Those
                statements contrast with the testimony of C5, the
                individual who first saw Mr. Foster's body and did not
                see a gun. Careful evaluation of all of the
                circumstances and evidence leads to the conclusion that
                C5 simply did not see the gun that was in Mr. Foster's
                hand.

                First, when questioned by the OIC, C5 agreed with a
                statement attributed to him in an interview report that
                "there was extreme dense and heavy foliage in the area
                and in close proximity to the body, and the possibility
                does exist that there was a gun on rear of hand that he
                might not have seen." That is supported, moreover, by
                the testimony of several witnesses establishing that the
                gun was difficult to see in Mr. Foster's hand when
                standing in a position above the head on the top of the
                berm. That is further confirmed by Polaroids taken from
                above the head that reveal the difficulty of seeing the
                gun from that angle.

                The forensic evidence and analyses outlined above also
                support the conclusion that the gun was in Mr. Foster's
                hand when C5 saw him. As explained by the pathologists
                and Dr. Lee, Mr. Foster's DNA was consistent with that
                on the muzzle of the gun, traces of blood evidence were
                derived from the gun, residue was on his hand, and
                residues were on his shirt. In addition, an indentation
                mark on his thumb suggests that the gun was in the hand
                for some period of time. The totality of the evidence
                leads to the conclusion that the gun recovered from Fort
                Marcy Park was in fact in Mr. Foster's hand when C5
                happened upon the body, but that C5 simply did not see
                it.

                There are discrepancies in the descriptions of the color
                and kind of gun seen in Mr. Foster's hand. However, the
                descriptions provided by the first two persons to
                observe the gun, as well as of numerous others, are
                consistent with the gun retrieved from the scene and
                depicted in the on-the-scene Polaroids. That gun was
                taken into evidence by Technician Simonello on July 20,
                and has been maintained by law enforcement since then.

                2. Ownership of Gun

                One follow-up investigative issue concerning the gun
                relates to its ownership. Virtually all theories that
                the manner of death was not suicide rest on an
                assumption that the gun did not belong to Mr. Foster.
                But testimony, circumstantial evidence, and forensic
                evidence support the conclusion that the gun did in fact
                belong to Mr. Foster.

                Mrs. Alice Mae Foster, Mr. Foster's mother, stated that
                Mr. Foster, Sr., died in 1991. He had kept a revolver in
                a drawer of his bedside table, in addition to other guns
                in the house. In 1991, when Mr. Foster, Sr., had been
                ill and bedridden for a period of time, Mrs. Alice Mae
                Foster had all the handguns in the house placed in a box
                and put into a closet. Subsequent to the death of Mr.
                Foster, Sr., in 1991, Mrs. Alice Mae Foster gave Mr.
                Foster, Jr., the box of handguns.

                Mrs. Lisa Foster similarly recalls that her husband took
                possession of several handguns from his parents' house
                near the time of his father's death. She recalled that,
                after they moved to Washington in 1993, some guns were
                kept in a bedroom closet. She recalled what she
                described as a silver-colored gun (she also has referred
                to it as a "cowboy gun" ), which had been packed in
                Little Rock and unpacked in Washington. She also
                recalled a .45 caliber semi-automatic pistol. She said
                she found one gun in its usual location on July 20,
                1993, the .45 caliber semi-automatic pistol. She did not
                find the other gun on or after July 20, 1993.

                On July 29, 1993, Mrs. Foster was shown a photograph of
                the gun retrieved from the scene and, according to the
                Park Police interview report, was unable to identify it
                from the photograph. On May 9, 1994, she was shown the
                actual gun that was recovered and said, according to the
                interview report, that the gun "may be a gun which she
                formerly saw in her residence in Little Rock, Arkansas"
                and that "she may have seen the handgun . . . at her
                residence in Washington." She stated to the OIC in
                November 1995, when viewing the gun recovered from Mr.
                Foster's hand, that it was the gun she unpacked in
                Washington but had not subsequently found, although she
                said she seemed to remember the front of the gun looking
                lighter in color when she saw it during the move to
                Washington.

                Webster Hubbell stated that, on the night of Mr.
                Foster's death, Lisa Foster went upstairs in the Foster
                house with him. While there, she looked into the top of
                a closet, pulled out a "squared-off" gun, and said,
                according to Hubbell, that one of the guns was missing.
                To Hubbell's knowledge, the "other gun" was never found
                at the Foster house.

                Sharon Bowman, one of Mr. Foster's sisters, recalled
                that her father kept a black revolver in a drawer of his
                bedside table. She said that she had retrieved various
                handguns from her parents' house, placed them in a
                shoebox, and put them in her mother's closet (and Ms.
                Bowman said they later were given to Mr. Foster, Jr.)
                During the 1993 Park Police investigation, John Sloan, a
                family friend of the Fosters, wrote a letter to Captain
                Hume of the Park Police, stating that he had shown
                Sharon Bowman a photograph of the gun. According to the
                letter, Ms. Bowman stated that it "looked like a gun she
                had seen in her father's collection," and particularly
                pointed out the "'wavelike' detailing at the base of the
                grip." Ms. Bowman was later shown the revolver recovered
                from Fort Marcy Park. She indicated that it looked like
                one that her father kept in the house in Hope, but she
                could not positively identify it.

                Mr. Foster's other sister, Sheila Anthony, said she had
                no personal knowledge about the gun found in Mr.
                Foster's hand at Fort Marcy Park. She recalled, however,
                that her sister, Sharon Bowman, and her brother had
                removed guns from their father's house near the father's
                death.

                Mr. Foster's older son said he knew his father had an
                old .38 caliber revolver. He saw it being unpacked at
                their house in Washington when they moved there. Mr.
                Foster told his son that he had received this gun from
                his father (Vincent Foster, Sr.). The older son did not
                know where the gun was kept in Washington. The son was
                unable to conclusively identify the gun recovered on
                July 20, 1993, from Mr. Foster's hand as the one he had
                previously seen.

                Mr. Foster's younger son stated that he saw one or two
                handguns in a shoebox along with a number of loose
                bullets while unpacking in Washington. The younger son
                stated that these items came from his grandfather's
                house. He described his grandfather's guns as a small,
                pearl-handled gun, and one or two revolvers. He believes
                his father placed the guns in a closet in Washington.

                Mr. Foster's daughter stated she recalled someone
                unpacking a handgun at the house when they initially
                moved to Washington, although she never saw any other
                guns in their Washington house.

                To sum up, the testimony establishes that, near the time
                of his father's death, Mr. Foster took possession of
                some handguns that had belonged to his father. The
                testimony also establishes that guns, including
                (according to the older son) a .38 caliber revolver,
                were taken to Washington by the Foster family in 1993.
                Mrs. Lisa Foster said that she recalls two guns in a
                bedroom closet in Washington, one of which was missing
                when she looked in the closet after Mr. Foster's death,
                and that the missing gun was the one found at the scene.
                Ms. Bowman has said the gun found at the scene looks
                like a gun previously kept by her father.

                In addition, forensic examinations of Mr. Foster's pants
                pocket and the oven mitt support the conclusion that Mr.
                Foster carried, and thus possessed, a gun at a time
                close to his death. As explained above, that evidence
                tends to link Mr. Foster to the gun recovered from his
                hand.

                This combination of testimonial, circumstantial, and
                forensic evidence supports the conclusion that the gun
                found in Mr. Foster's hand belonged to Mr. Foster.

                B. Briefcase

                There are some discrepancies in statements regarding
                whether a briefcase was in Mr. Foster's car at Fort
                Marcy Park.

                Mr. Foster's black briefcase was in his office on July
                22 when documents in the office were reviewed by Mr.
                Nussbaum in the presence of law enforcement officials.
                Four days later, a torn note was reportedly found in
                that briefcase by an Associate White House Counsel. To
                determine whether a briefcase (and perhaps that black
                briefcase) was in Mr. Foster's car at Fort Marcy Park,
                five related questions must be considered:

                1. Did those who saw Mr. Foster leave the White House on
                July 20 see him with a briefcase?

                2. Was a briefcase observed in Mr. Foster's car at Fort
                Marcy Park?

                3. Did the Park Police return a briefcase to the Secret
                Service that evening?

                4. Was a briefcase in Mr. Foster's office at the White
                House after his death?

                5. How many briefcases did Mr. Foster use?

                1. Mr. Foster's Departure From the White House

                Linda Tripp, Betsy Pond, and Tom Castleton -- all of
                whom worked in the Counsel's suite of offices -- said
                they saw Mr. Foster leave the Counsel's suite on July
                20. They were interviewed separately by the Park Police
                on July 22, 1993.

                The Park Police report of the interview with Ms. Tripp
                states:

                     Ms. Tripp makes it a habit to notice what the staff
                     members are taking with them when they leave the
                     office in order to determine for herself how long
                     she may expect them to be away from the office. Ms.
                     Tripp was absolutely certain that Mr. Foster did
                     not carry anything in the way of a briefcase, bag,
                     umbrella, etc. out of the office.

                Ms. Tripp confirmed to the OIC that this report
                accurately reflected her recollection.

                The relevant portion of the Park Police report of Ms.
                Pond's interview of July 22, 1993, does not address what
                Mr. Foster carried when he left the office. In a later
                interview, Ms. Pond stated that "I think I remember his
                jacket swung over his shoulder" and said "not that I
                recall" to the question whether Mr. Foster was carrying
                a briefcase.

                The Park Police report of Mr. Castleton's interview of
                July 22, 1993, does not address what Mr. Foster carried
                when he left the office. When questioned over eight
                months later, Mr. Castleton recalled Mr. Foster carrying
                a briefcase, and Mr. Castleton has said that it "looked
                very much like the one" that was in Mr. Foster's office
                on July 22.

                The testimony of Ms. Tripp, Ms. Pond, and Mr. Castleton
                thus conflicts as to whether Foster carried a briefcase
                when he left the Counsel's suite -- two saying that he
                did not and one saying that he did.

                2. Mr. Foster's Car at Fort Marcy

                The Park Police officers who searched Mr. Foster's car
                at Fort Marcy Park (Braun and Rolla) stated there was no
                briefcase in the car. The Park Police technician who
                inventoried the car on July 21, E.J. Smith, stated that
                no briefcase was found. The Polaroids of the interior of
                Mr. Foster's car taken at Fort Marcy Park, and the
                photographs taken the next day at the impoundment lot,
                do not show a briefcase in the car. (The photos from
                Fort Marcy show a white canvas bag in front of the rear
                seat on the driver's side of the car.)

                In addition, four other persons at Fort Marcy Park
                specifically recall looking into Mr. Foster's car but do
                not recall a briefcase. Officer Fornshill of the Park
                Police stated that he looked into the car (although not
                closely) but did not see a briefcase. Wacha, Iacone, and
                Pisani of the FCFRD also said that they did not recall
                seeing a briefcase.

                Four other persons have varying, but imprecise, degrees
                of recollection of a briefcase in somecar at Fort Marcy
                Park.

                Todd Hall of the FCFRD stated in a March 18, 1994,
                interview and in a January 5, 1995, statement to the
                OIC, that he recalled a briefcase of uncertain color in
                the car with Arkansas plates. However, in a July 20,
                1994, Senate deposition, he stated "We saw a suit coat
                and I think his briefcase, something like that. . . .
                All I know for sure I saw was his suit coat. And I
                thought I may have seen, he may have had a briefcase or
                something in there."

                George Gonzalez of the FCFRD said in one statement that
                he saw a black briefcase/attache case in the car with
                Arkansas plates. In a later statement, however, Gonzalez
                stated, "I can't say if I saw a briefcase or papers. I
                can't correctly say whether I saw it or not. . . . I
                think the tie was in there and the jacket was in there.
                That's what I remember. That's all I can really
                remember." He also said that what he recalled could have
                been a canvas bag that was found in Mr. Foster's car.
                Gonzalez was not present when the Park Police entered
                the Honda.

                C5 testified that he "would just about bet" that a
                "brown briefcase" was in the car, although he "wouldn't
                bet [his] life on it." C5's statements and a reenactment
                conducted with C5 at the scene by investigators reveal,
                however, that C5 was describing the car of C4, not Mr.
                Foster's car, when he referred to the briefcase.

                C2 testified that he saw a briefcase -- as well as wine
                coolers -- in a car with Arkansas plates that was parked
                in the parking lot. He stated: "I looked and I saw the
                briefcase and saw the jacket, saw the wine coolers, it
                was two of them. I remember exactly how they were laying
                in the back seat of the car." (There is no other
                evidence that wine coolers were in Mr. Foster's car. )

                3. Park Police Communications With Secret Service

                An official Secret Service report prepared at 10:01 p.m.
                on July 20 states in relevant part:

                     SA Tom Canavit, WFO PI squad, advised that he has
                     been in contact with US Park Police and was assured
                     that if any materials of a sensitive nature
                     (schedules of the POTUS, etc.) were recovered, they
                     would immediately be turned over to the USSS. (At
                     the time of this writing, no such materials were
                     located).

                4. Mr. Foster's Office at the White House

                White House employee Patsy Thomasson testified that she
                saw Mr. Foster's briefcase by the desk in Foster's
                office on the night of July 20 and indeed looked into
                the top of that briefcase for a note. As noted above,
                the testimony of White House, Department of Justice,
                FBI, and Park Police personnel confirms that Mr.
                Foster's black briefcase was in his White House office
                on July 22, two days after his death, during the review
                of documents in Mr. Foster's office.

                5. Mr. Foster's Briefcase

                The OIC is aware of only one briefcase used in
                Washington by Mr. Foster, the black briefcase that Ms.
                Thomasson observed in Mr. Foster's White House office on
                the night of July 20 and that a number of other
                witnesses observed there on July 22.

                6. Summary: Briefcase

                Based on careful consideration of all of the evidence,
                the conclusions significantly supported are: (a) Mr.
                Foster's black briefcase remained in his office when he
                left on July 20; and (b) neither it nor another
                briefcase was in his car at Fort Marcy Park.

                C. Notification

                According to Secret Service records, the Secret Service
                was notified of Mr. Foster's death at about 8:30 p.m.
                Eastern time on July 20. The records reflect that
                various White House officials were then contacted.

                An Arkansas Trooper has stated that, while on duty at
                the Arkansas Governor's Mansion, he was notified of Mr.
                Foster's death by Helen Dickey, at the time a
                22-year-old personal assistant of the Clintons who lived
                on the third floor of the White House Residence. The
                trooper described Dickey as "hysterical" and "very
                upset" when she called. The trooper, who was working a
                shift until 10:30 p.m. Arkansas time that night, stated
                that Dickey called him before 7:30 p.m. Arkansas time
                (8:30 p.m. Eastern time); according to the interview
                report, he said "he could possibly be mistaken about the
                time the call from Dickey was received. The call could
                have been as late as 8:30 PM, Arkansas time. However, he
                still felt his best recollection was that the call was
                received sometime between 4:30 PM and 7:30 PM [Arkansas
                time]."

                Helen Dickey stated that she was first notified of Mr.
                Foster's death by an employee of the White House Usher's
                Office at about 10:00 p.m. and that she became very
                upset. (The Dickeys had lived next door to the Fosters
                in Little Rock when Helen was younger. ) She then
                contacted her mother in Virginia and her father in
                Georgia from a phone on the second floor of the White
                House Residence. Dickey stated that she later called
                (from a different phone) the Arkansas Governor's Mansion
                and talked to the trooper at approximately 10:30 p.m.
                Eastern time.

                There are two other pieces of relevant evidence with
                respect to Ms. Dickey's statement. First, Ms. Dickey's
                diary entry for July 20 (written within a few days of
                the event) states in relevant part:

                     I watched [Larry King Live] and about 10:30 [the
                     Usher's Office employee] came up and told me they
                     had found Vince Foster's body and that he'd killed
                     himself. I waited for the punchline and lost it. I
                     called Mom and Dad . . . . We went to Lisa's, and
                     everyone was there . . .

                Second, the Usher's Office employee confirmed that he
                notified Ms. Dickey of Mr. Foster's death shortly after
                10:00 p.m. and said that Ms. Dickey immediately became
                hysterical, started screaming and crying, and ran
                downstairs. The Usher's Office employee "firmly believes
                he was the first to inform Dickey of the news of
                Foster's death because of her extreme reaction to the
                news."

                The totality of the evidence -- including the diary
                entry, the testimony of the Usher's Office employee, and
                the lack of any other evidence that White House or
                Secret Service personnel had knowledge of Mr. Foster's
                death at a time earlier than when the Park Police first
                notified the Secret Service -- does not support a
                conclusion that Ms. Dickey knew about Mr. Foster's death
                at some earlier time.

                D. Search for Bullet

                During the Park Police, Fiske, and OIC investigations,
                searches were conducted of Fort Marcy Park for the
                bullet that caused Mr. Foster's death.

                On July 22, 1993, four Park Police personnel (Hill,
                Johnson, Rule, and Morrissette) searched with a metal
                detector the immediate area where the body was found.
                Their search for the bullet was unsuccessful.

                Investigators in Mr. Fiske's Office conducted a search
                in the area where Mr. Foster's body was found. Their
                search for the bullet fired from Mr. Foster's gun was
                unsuccessful.

                With the assistance of Dr. Lee, the National Park
                Service, and a large number of investigators, the OIC
                organized a broader search of Fort Marcy Park for the
                fatal bullet. The search was led by Richard K. Graham,
                an expert in crime scene metal detection. The search
                plan was devised utilizing information obtained through
                ballistics tests performed by the Army Research
                Laboratory, Aberdeen Proving Grounds, Maryland.

                The search did not locate a bullet fired from the gun
                recovered from Mr. Foster's hand. That the search did
                not uncover the fatal bullet does not affect the
                conclusion that Mr. Foster committed suicide in Fort
                Marcy Park. Because a search covering the maximum range
                estimates "would have included a vast area . . . , a
                search which was limited in scope to the highest
                probability areas, closer to the minimum range
                estimates, was undertaken." In other words, while the
                OIC search covered a broader area than previous
                searches, "the maximum range estimates" predicted the
                possibility that "the bullet could have cleared the tree
                tops in Ft. Marcy and landed well outside the park."
                Moreover, although lines ultimately were laid out within
                the park along the outer limits of a 90 degree arc to a
                distance of 175 meters, which represented the "highest
                probability areas," a full search of even the 90
                degree-175 meter range would have included areas outside
                the park that were not searched. In addition, because
                "dense foliage and trees surround the area where
                Foster's body was discovered, and since there is a . . .
                cannon approximately 12.5 feet directly behind the
                location where the body lay, there is a distinct
                possibility the bullet's trajectory was altered due to
                its striking or ricocheting off a natural or man-made
                obstruction." Another variable is that "Foster's head
                could have been turned to one side or the other when the
                shot was fired."

            
               IX. STATE OF MIND
            
               In a death investigation, state-of-mind evidence can
                buttress the forensic and other evidence and, in that
                respect, is an issue within the scope of the
                investigation. For that reason, the OIC intensively
                examined Mr. Foster's state of mind and activities
                before his death. The OIC reconstructed and examined
                previously unreviewed documents from Mr. Foster's White
                House office. The OIC sought relevant documents from
                other sources. The OIC interviewed Mr. Foster's wife,
                sisters, mother, children, and other relatives; numerous
                friends in Arkansas and Washington; many colleagues who
                worked closely with him at the Rose Law Firm or the
                White House; and various other persons with potentially
                important information. During this effort, the OIC
                gathered extensive evidence relating to Mr. Foster's
                state of mind and activities.

                The OIC is grateful to the Foster family members --
                including Alice Mae Foster, Lisa Foster, Sharon Bowman,
                Sheila Anthony, Beryl Anthony, and the Foster children,
                among others -- for cooperating with this and prior
                investigations under painful and difficult
                circumstances. Lisa Foster and Mr. Foster's mother,
                Alice Mae Foster, not only spoke with OIC investigators
                at some length, but also provided additional information
                and assistance at their homes in Arkansas.

                A. Dr. Berman's Analysis

                Suicide, perhaps contrary to popular understanding, is a
                common manner of death in the United States. According
                to the Centers for Disease Control (CDC), suicide was
                the ninth leading cause of death among Americans in the
                period from 1980 through 1992. The CDC's statistics
                reveal that more individuals in the United States died
                by suicide than by homicide in every year since 1981. In
                the United States in 1993, 31,102 individuals committed
                suicide, and 18,940 of them committed suicide with a
                firearm. During 1993, therefore, there were
                approximately 85 suicides per day, and 52 suicides by
                firearm per day, in the United States.

                The OIC retained Dr. Alan Berman to review and analyze
                state-of-mind evidence gathered by the OIC in the course
                of its investigation. Dr. Berman, as noted above, has
                extensive experience and expertise in the study of
                suicide. He examined the evidence and reported his
                findings to the OIC.

                In his report, Dr. Berman first noted that
                "descriptors used by interviewees with regard to
                Vincent Foster's basic personality were extraordinarily
                consistent in describing a controlled, private,
                perfectionistic character whose public persona as a man
                of integrity, honesty, and unimpeachable reputation was
                of utmost importance."

                Mr. Foster's life, after "arriving in Washington, was
                filled with long, intense and demanding hours of work."
                Dr. Berman noted that Mr. Foster's May 8 commencement
                address to the University of Arkansas School of Law was
                "replete with reflections upon and regret regarding the
                changes wrought by his experiences in Washington." Mr.
                Foster had "uncharacteristically . . . talked of
                quitting," but considered a return to Little Rock to be
                a "humiliation."

                Dr. Berman reported that "mistakes, real or perceived,
                posed a profound threat to his self-esteem/self-worth
                and represented evidence for a lack of control over his
                environment. Feelings of unworthiness, inferiority, and
                guilt followed and were difficult for him to tolerate.
                There are signs of an intense and profound anguish,
                harsh self-evaluation, shame, and chronic fear. All
                these on top of an evident clinical depression and his
                separation from the comforts and security of Little
                Rock. He, furthermore, faced a feared humiliation should
                he resign and return to Little Rock." The torn note
                "highlights his preoccupation with themes of guilt,
                anger, and his need to protect others."

                Dr. Berman noted that Mr. Foster's admission to his
                sister on the Friday before his death that he was
                depressed was a "profound expression of his depression."
                Dr. Berman also noted Mr. Foster's July 19 call to Dr.
                Larry Watkins in Little Rock, during which Mr. Foster
                referred to symptoms of a mild depression and to stress,
                criticism, and long hours.

                Dr. Berman stated that Mr. Foster was "not a helpseeker"
                and was "reluctant to seek help" although he was
                "aware he was in trouble psychologically." Dr. Berman
                stated that "this difficulty accepting the vulnerable
                position is common to successful executives." Dr. Berman
                stated that "by the Friday before his death he was
                desperate; calling for names of psychiatrists was a
                clear . . . admission of his failure. He was ambivalent
                and fearful about this helpseeking." He ultimately
                "preferred the safety of his family physician . . . to
                the immediacy and presence of other, unknown
                professionals in the DC area."

                Dr. Berman said that Mr. Foster's "last 96 hours show
                clear signs of crisis and uncharacteristic
                vulnerability." Dr. Berman concluded, furthermore, that
                "there is little doubt that Foster was clinically
                depressed . . . in early 1993, and, perhaps,
                sub-clinically even before this." Dr. Berman noted that
                there was some history of depression in the family.

                Dr. Berman explained that for certain executives facing
                difficult circumstances, "in essence, death is
                preferred to preserve one's identity. The suicide has an
                inability to tolerate an altered view of himself;
                suicide maintains a selfview and escapes having to
                incorporate discordant implications about the self.
                These types of suicides are typically complete surprises
                to others in the available support system."

                As to why Mr. Foster was overwhelmed at that particular
                time, Dr Berman explained that Mr. Foster was "under an
                increasing burden of intense external stress, a loss of
                security, a painful scanning of his environment for
                negative judgments regarding his performance, a rigid
                hold of perfectionistic self-demands, a breakdown in and
                the absence of his usual ability to handle that stress
                primarily due to the impact of a mental disorder which
                was undertreated."

                Mr. Foster apparently did not leave a note that
                specifically refers to or contemplates suicide. Dr.
                Berman indicated that the great majority of persons
                committing suicide do not leave a note. Dr. Berman also
                stated, with respect to the lack of a note in this case,
                that Mr. Foster was "intensely self-focused at this
                point; overwhelmed and out of control."

                As to the Fort Marcy Park location, Dr. Berman stated
                that Mr. Foster "was ambivalent to the end" and may have
                driven for a while before going to Fort Marcy Park. He
                may have "simply and inadvertently happened upon the
                park or he may have purposely picked it off the area map
                found in his car." Dr. Berman stated that Mr. Foster's
                suicide in Fort Marcy Park is "similar to the typical
                male physician who suicides by seeking the guaranteed
                privacy of a hotel room, and a 'do not disturb' sign"

                In sum, Dr. Berman, based on his evaluation of the
                evidence, concluded: "In my opinion and to a 100% degree
                of medical certainty, the death of Vincent Foster was a
                suicide. No plausible evidence has been presented to
                support any other conclusion"

                B. Evidence

                The OIC, like other investigations before, is not aware
                of a single, obvious triggering event that might have
                motivated Mr. Foster to commit suicide. Therefore, the
                following is simply a brief outline of some of the
                evidence relevant to the ultimate determination that Mr.
                Foster's state of mind was consistent with suicide. This
                outline is not designed to set forth or to suggest some
                particular reason or set of reasons why Mr. Foster
                committed suicide. Rather, the issue for purposes of the
                death investigation is whether Mr. Foster committed
                suicide, and this outline is designed to show that, as
                Dr. Berman concluded, compelling evidence exists that
                Mr. Foster was distressed or depressed in a manner
                consistent with suicide.

                To begin with, in his six months in the White House, Mr.
                Foster was involved in work related to a number of
                important and difficult issues. The issues included, for
                example, the appointments and vetting of an Attorney
                General, a Supreme Court Justice, as well as many others
                (some of which developed into difficult situations
                abounding with unfavorable public comment); legal issues
                related to health care, such as medical malpractice
                reform; litigation related to the Health Care Task
                Force; the dismissal of White House Travel Office
                employees and the ensuing fallout from that incident;
                the Clintons' tax returns (which involved an issue
                regarding treatment of the Clintons' 1992 sale of their
                interest in Whitewater); the Clintons' blind trust;
                liaison with the White House Usher's Office over issues
                related to the White House Residence; and issues related
                to the Freedom of Information Act.

                The work proved to be difficult and stressful. In a
                letter to a friend in Arkansas on March 4, 1993, for
                example, Mr. Foster wrote: "I have never worked so hard
                for so long in my life. The legal issues are mind
                boggling and the time pressures are immense. . . . The
                pressure, financial sacrifice and family disruption are
                the price of public service at this level. As they say,
                'The wind blows hardest at the top of the mountain.'"

                During that six-month period, certain other aspects of
                Mr. Foster's life also came under some scrutiny. For
                example, in May 1993, a controversy arose over
                membership of Administration officials in the Country
                Club of Little Rock, which had had no black members. Mr.
                Foster was a member of that club and resigned from it
                that month. On a copy of a May 11, 1993, newspaper
                article in Mr. Foster's office that mentioned the
                controversy, Mr. Foster wrote, "I wish I had done more."

                At the same time, the White House staff generally was
                subject to media criticism during the first six months
                of the Administration. Some public criticism suggested
                incompetence, if not malfeasance, by staff members. Mr.
                Foster himself was mentioned in some of the critical
                editorial commentary. Numerous witnesses said that Mr.
                Foster was concerned and/or upset over the press
                criticism. According to Mr. Foster's brother-in- law,
                former Congressman Beryl Anthony, Mr. Foster said words
                to the effect that he had "spent a lifetime building
                [his] reputation" and was "in the process of having it
                tarnished."

                As Dr. Berman noted, reputation was clearly important to
                Mr. Foster. Indeed, in the May 8, 1993, commencement
                address, Mr. Foster said that "dents to the reputation
                in the legal profession are irreparable" and that "no
                victory, no advantage, no fee, no favor . . . is worth
                even a blemish on your reputation for intellect and
                integrity." He emphasized that the "reputation you
                develop for intellectual and ethical integrity will be
                your greatest asset or your worst enemy."

                In that commencement address, Mr. Foster also noted that
                there will be "failures, and criticisms and bad press
                and lies, stormy days and cloudy days." He advised to
                "take time out for yourself. Have some fun, go
                fishing, every once in a while take a walk in the woods
                by yourself."' He suggested that "if you find yourself
                getting burned out or unfulfilled, unappreciated. . .
                . have the courage to make a change."

                The Travel Office matter, in particular, was the subject
                of public controversy beginning in May 1993 and
                continuing through Mr. Foster's death. Criticism focused
                on the White House's handling of the matter before and
                after the May 19 firings. Legislation enacted on July 2,
                1993, required the General Accounting Office (GAO) to
                investigate the Travel Office firings. There was a
                possibility of some form of congressional review, or
                perhaps special counsel investigation, as well as the
                GAO investigation. During the week of July 12, Mr.
                Foster contacted private attorneys seeking advice in
                connection with the Travel Office incident.

                At some point in the last weeks of his life, Mr. Foster
                wrote a note that he had "made mistakes from ignorance,
                inexperience and overwork" and that he "was not meant
                for the job or the spotlight of public life in
                Washington. Here ruining people is considered sport."

                During that same period, according to Mr. Foster's
                immediate superior, Counsel Bernard Nussbaum, Mr.
                Foster's work effort decreased noticeably. According to
                William Kennedy, Sheila Anthony, and Lisa Foster, Mr.
                Foster said he was considering resigning.

                Mr. Foster's sister Sheila Anthony said that Mr. Foster
                told her on Friday, July 16 that he was depressed. She
                furnished him the names of three psychiatrists. Mr.
                Foster did not speak to any of the three psychiatrists,
                although phone records show that Mr. Foster attempted to
                contact one of them on July 16. When Mr. Foster was
                found at Fort Marcy Park, a list of the three
                psychiatrists was in his wallet.

                Lisa Foster said that her husband cried while talking to
                her on Friday night, July 16 and that Mr. Foster
                mentioned resigning during the weekend of July 16-18.

                Meanwhile, Mr. Foster's mother, Alice Mae Foster, said
                that she talked to her son a day or two before his death
                and that he said he was unhappy because of his job and
                that it was "such a grind."

                On Monday, July 19, Mr. Foster contacted Dr. Larry
                Watkins, his physician in Little Rock, and was
                prescribed an antidepressant. Watkins' typed notes of
                July 21 say the following:

                     I talked to Vince on 7/19/93, at which time he
                     complained of anorexia and insomnia. He had no GI
                     [gastrointestinal] symptoms. We discussed the
                     possibility of taking Axid or Zantac to help with
                     any ulcer symptoms as he was under a lot of stress.
                     He was concerned about the criticism they were
                     getting and the long hours he was working at the
                     White House. He did feel that he had some mild
                     depression. I started him on Desyrel, 50 mg. He was
                     to start with one at bedtime and move up to three.
                     . . . I received word at 10:20 p.m. on 7/20/93 that
                     he had committed suicide.

                Dr. Watkins said that it was unusual, even
                unprecedented, for Mr. Foster to call him directly. Lisa
                Foster said that Mr. Foster took one tablet of the
                antidepressant medication on the night of the 19th.

                In short, the OIC cannot set forth a particular reason
                or set of reasons why Mr. Foster committed suicide. The
                important issue, from the standpoint of the death
                investigation, is whether Mr. Foster committed suicide.
                On that issue, the state-of-mind evidence is compelling,
                and it demonstrates that Mr. Foster was, in fact,
                distressed or depressed in a manner consistent with
                suicide. Indeed, the evidence was sufficient for Dr.
                Berman to conclude that "to a 100% degree of medical
                certainty, the death of Vincent Foster was a suicide."


                X. SUMMARY OF CONCLUSIONS
            
                To sum up, the OIC has investigated the cause and manner
                of Mr. Foster's death. To ensure that all relevant
                issues were fully considered, carefully analyzed, and
                properly assessed, the OIC retained a number of
                experienced experts and criminal investigators. The
                experts included Dr. Brian D. Blackbourne, Dr. Henry C.
                Lee, and Dr. Alan L. Berman. The investigators included
                an FBI agent detailed from the FBI-MPD Cold Case
                Homicide Squad in Washington, D.C.; an investigator who
                also had extensive homicide experience as a detective
                with the Metropolitan Police Department in Washington,
                D.C., for over 20 years; and two other OIC investigators
                who had experience as FBI agents investigating the
                murders of federal officials and other homicides. The
                OIC legal staff in Washington, D.C., and Little Rock,
                Arkansas, participated in assessing the evidence,
                examining the analyses and conclusions of the OIC
                experts and investigators, and preparing this report.

                The autopsy report and the reports of the pathologists
                retained by the OIC and Mr. Fiske's Office demonstrate
                that the cause of death was a gunshot wound through the
                back of Mr. Foster's mouth and out the back of his head.
                The autopsy photographs depict the wound in the back of
                the head, and the photographs show the trajectory rod
                through the wound. The evidence, including the
                photographic evidence, reveals no other trauma or wounds
                on Mr. Foster's body.

                The available evidence points clearly to suicide as the
                manner of death. That conclusion is based on the
                evidence gathered and the analyses performed during
                previous investigations, and the additional evidence
                gathered and analyses performed during the OIC
                investigation, including the evaluations of Dr. Lee, Dr.
                Blackbourne, Dr. Berman, and the various OIC
                investigators.

                When police and rescue personnel arrived at the scene,
                they found Mr. Foster dead with a gun in his right hand.
                That gun, the evidence tends to show, belonged to Mr.
                Foster. Gunshot residue-like material was observed on
                Mr. Foster's right hand in a manner consistent both with
                test firings of the gun and with the gun's cylinder gap.
                Gunshot residue was found in his mouth. DNA consistent
                with that of Mr. Foster was found on the gun. Blood was
                detected on the paper initially used to package the gun.
                Blood spatters were detected on the lifts from the gun.
                In addition, lead residue was found on the clothes worn
                by Mr. Foster when found at the scene. This evidence,
                taken together, leads to the conclusion that Mr. Foster
                fired this gun into his mouth. This evidence also leads
                to the conclusion that this shot was fired while he was
                wearing the clothes in which he was found. Mr. Foster's
                thumb was trapped in the trigger guard, and the trigger
                caused a noticeable indentation on the thumb,
                demonstrating that the gun remained in his hand after
                firing.

                The police detected no signs of a struggle at the scene,
                and examination of Mr. Foster's clothes by Dr. Lee
                revealed no evidence of a struggle or of dragging. Nor
                does the evidence reveal that Mr. Foster was intoxicated
                or drugged.

                Dr. Lee found gunshot residue in a sample of the soil
                from the place where Mr. Foster was found. He also found
                a bone chip containing DNA consistent with that of Mr.
                Foster in debris from the clothing. Dr. Lee observed
                blood-like spatter on vegetation in the photographs of
                the scene. Investigators found a quantity of blood under
                Mr. Foster's back and head when the body was turned, and
                Dr. Beyer, who performed the autopsy, found a large
                amount of blood in the body bag. In addition, the blood
                spatters on Mr. Foster's face had not been altered or
                smudged, contrary to what likely would have occurred had
                the body been moved and the head wrapped or cleaned.
                Fort Marcy Park is publicly accessible and traveled; Mr.
                Foster was discovered in that park in broad daylight;
                and no one saw Mr. Foster being carried into the park.
                All of this evidence, taken together, leads to the
                conclusion that the shot was fired by Mr. Foster where
                he was found in Fort Marcy Park.

                The evidence with respect to state of mind points as
                well to suicide. Mr. Foster told his sister four days
                before his death that he was depressed; he cried at
                dinner with his wife four days before his death; he told
                his mother a day or two before his death that he was
                unhappy because work was "a grind"; he was consulting
                attorneys for legal advice the week before his death; he
                told several people he was considering resignation; he
                wrote a note that he "was not meant for the job or the
                spotlight of public life in Washington. Here ruining
                people is considered sport." The day before his death,
                he contacted a physician and indicated that he was under
                stress. He was prescribed antidepressant medication and
                took one tablet that evening.

                Dr. Berman concluded that Mr. Foster's "last 96 hours
                show clear signs of crisis and uncharacteristic
                vulnerability." Dr. Berman stated, furthermore, that
                "there is little doubt that Foster was clinically
                depressed . . . in early 1993, and, perhaps,
                sub-clinically even before this." Dr. Berman concluded
                that "in my opinion and to a 100% degree of medical
                certainty, the death of Vincent Foster was a suicide. No
                plausible evidence has been presented to support any
                other conclusion."

                In sum, based on all of the available evidence, which is
                considerable, the OIC agrees with the conclusion reached
                by every official entity that has examined the issue:
                Mr. Foster committed suicide by gunshot in Fort Marcy
                Park on July 20, 1993.

 


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