The Fiske Preliminary Report.

OCR transcription. There may be some typographic errors.

TABLE OF CONTENTS
INTRODUCTiON . . . . . . . . . . . . . . . . . . . . . . . 1
THE INVESTIGATION . . . . . . . . . . . . . . . . . . . . . 2
SUMMARY OF CONCLUSIONS . . . . . . . . . . . . . . . . . . 6
FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Background . . . . . . . . . . . . . . . . . . . . 7
B. Foster's State Of Mind During The Weeks
Prior To Suicide . . . . . : . . . . . . . . . . . . 9
	1. Travel Office matter . . . . . . . . . . . . . lO
	2. The Wall Street Journal 
editorials . . . . . . . . . . . . . . . . . . 14
C. The Role Of Whitewater . . . . . . . . . . . . . . 18
D. Foster's Activities From July 12 - July 18 , 1993 . 20
E. Foster's Activities On July 19 . . . . . . . . . . 23
F. Foster's Activities On July 20 . . . . . . . . . . 25
G. Discovery Of Foster's Body . . . . . . . . . . . . 28
	1. Fort Marcy Park . . . . . . . . . . . . . . . 28
	2. Observations by Confidential Witness . . . . . 29
	3. Observations of the U . S . Park Police
and Fairfax County personnel . . . . . . . . . 31
H. The Autopsy . . . . . . . . . . . . . . . . . . . 37
i. The Gun . . . . . . . . . . . . . . . . . . . . . 38
J. The Park Police investigation . . . . . . . . . . 39
	1. investigative jurisdiction . . . . . . . . . . 39
	2. Summary of Park Police investigation . . . . . 40
TESTS COWUCTED BY FBI LABORATORY . . . . . . . . . . . . . 40
A. Firearm Analysis . . . . . . . . . . . . . . . . . 41
B. Chemical Analysis . . . . . . . . . . . . . . . . 42
C. Blood Analysis . . . . . . . . . . . . . . . . . . 43



D . Analysis Of Bloodstaining Patterns . . . . . . . . 44


E . DNA Analysis . . . . . . . . . . . . . . . . . . . 45


F . Fingerprint Analysis . . . . . . . . . . . . . . . 45


G . Handwriting Analysis . . . . . . . . . . . . . . . 46


H . Other Analyses . . . . . . . . . . . . . . . . . . 46


I . Search For Additional Evidence in Fort
Marcy Park . . . . . . . . . . . . . . . . . . . . 47


ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . 48

A. Analys is And Conclusions of Forensic
Pathology Panel . . . . . . . . . . . . . . . . . . 48


1 . Basis for conclusion that death was a
suicide . . . . . . . . . . . . . . . . . . . 49
2 . Basis for conclusion that death
occurred in Fort Marcy Park . . . . . . . . . 51


B . Analysis Of issues Raised On Circumstances
Of Foster's Death . . . . . . . . . . . . . . . . 52


CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . 58



EXHIBITS.



FBI Laboratory Reports . . . . . . . . . . . . . . . . . . 1


Pathologists' Curriculum Vitae . . . . . . . . . . . . . . 2


Pathologist Report . . . . . . . . . . . . . . . . . . . . 3


Psychiatrist's Curriculum Vitae . . . . . . . . . . . . . . 4


Note Transcript . . . . . . . . . . . . . . . . . . . . . . 5


Wall Street Journal Editorials . . . . . . . . . . . . . . 6


Commencement Address . . . . . . . . . . . . . . . . . . . 7


Autopsy Report . . . . . . . . . . . . . . . . . . . . . . . 8


Fort Marcy Artifact inventory . . . . . . . . . . . . . . . 9



.


ii



. .


REPORT ON THE DEATH OF VINCENT W. FOSTER, JR.




INTRODUCTION

in the early evening of July 20 , 1993, the body of Deputy
White House Counsel vincent W. Foster , Jr. was found in Fort Marcy
Park in Fairfax County, Virginia. The United States Park Police
("Park Police") investigated the death and concluded that it was a
suicide. 

Since that time, questions have been raised concerning the
circumstances of Foster's death, specifically..


1 ) Were the Park Police correct that Foster committed
suicide, or was he murdered?;

2 ) if the death was a suicide, did it occur in Fort Marcy
Park or had the body been moved.? ; and

3 ) If Foster committed suicide, was it motivated in any
way by concerns Foster may have had about legal issues related to
the Clintons, involvement with the Whitewater Development Company,
Inc. ( "Whitewater" ), Madison Guaranty Savings & Loan ( "Madison
Guaranty" ), or Capital Management Services, Inc. ( " CMS") ?
As a result of speculation about a possible link between
Foster's death and issues related to Whitewater, Madison Guaranty,
and CMS, the Office of the independent Counsel ( " this Office")
conducted a thorough investigation into each of the questions
listed above.

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THE INVESTIGATION
Roderick C. Lankler directed the independent Counsel's
investigation into Foster's death. For eight of his thirteen years
in the Manhattan District Attorney's Office, Mr. Lankler served in
the Homicide Bureau, investigating and prosecuting murder cases.
He was assisted in this investigation by Associate Counsels Mark
Stein and Carl Stich. Russell Hardin, Jr., also an Associate
Counsel, reviewed and analyzed the evidence compiled during this
investigation. Mr. Hardin is a former Assistant District Attorney
in Houston, Texas who has also investigated and tried numerous
homicide cases..
The Federal Bureau of invest igat ion ("FBI") provided
substant ial and invaluable support in thi s invest igat ion. The FBI
assigned seven experienced agents to the Independent Counsel, s
Washington Office, all of whom have worked exclusively with this
Office for approximately the last four months. Assistance was also.
provided by representatives of the FBI's National Center for the
Analysis of Violent Crime. in addition, experts in the FBI
Laboratory performed a thorough analysis of the available evidence.
In the course of the investigation, this Office
interviewed approximately 125 people. Those interviewed included
numerous close friends and relat ives of Foster, who provided
insight into Foster's activities and state of mind during the weeks



2.
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prior to his death. * This Office also interviewed numerous people
who worked with and for Foster in the White House,. including
President William Jefferson Clinton; First Lady Hillary Rodham
Clinton ; Chief of Staff Thomas McLarty. Assistants to the President
,
Bruce Lindsey, John Podesta, Ricki Seidman and George
Stephanopoulos ; Deputy Assistants to the President Charles ("Bill")
Burton, and Marsha Scott ; former Deputy Chief of Staff Roy Neel ;
Mrs. Clinton's Chief of Staff Margaret Williams ; former General
Counsel Bernard Nussbaum; Associate Counsels William Kennedy,
Stephen Neuwirth, Beth Nolan and Clifford Sloan ; Foster's Executive
Assistant Deborah Gorham, and other staff who worked in the White
House Counsel's offices. in addition, we contacted and interviewed
everyone whom our investigation revealed may have spoken or
attempted to speak with Foster in the days prior to his death,
including Foster's close friend, former Associate Attorney General
Webster Hubbell..
Everyone known to have been in Fort Marcy Park on the
afternoon or evening of July 20, 19 93, also was questioned. This
includes : a confidential witness who first found the body. the,
members of the Fairfax County Fire and Rescue Department who
responded to the Park ; the Park Police investigators, officers and
technicians who conducted the investigation in the Park; the
Fairfax County Medical Examiner. and others who were in or near the


* it should be noted that Mr. Foster's wife, Elizabeth "Lisa"
Foster, his three children, and other close family members were
extremely helpful and cooperative with this Office under obviously
difficult circumstances.
3.
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Park on that day for reasons unconnected with Foster's death. The
Medical Examiner who conducted the autopsy was also interviewed.
in addition to conducting interviews, this Office examined
documentary and photographic evidence, including documents obtained
by the Park Police at the time of Foster's death from his wallet
and his car ; documents removed from Foster's office at the White
House and turned over to either the Clintons, private attorney or
the Foster family attorney, photographs of Foster's body taken by
the Park Police in Fort Marcy Park ; the Northern Virginia District
Medical Examiner's autopsy report ; and photographs taken during the
autopsy. This Office also reviewed White House documents that were
worked on by Foster, found in his office, or which otherwise
related to Foster.
Experienced FBI Laboratory Technicians in Washington D.C.
("the FBI Lab") performed extensive analyses of the physical
evidence identified during the investigation. Among the tests.
conducted by the FBI Lab were : an examination of the gun that the
Park Police found in Foster's hand; a chemical and physical
comparison of gunpowder and lead residue on Foster's clothing with
that found in the gun; an analysis of photographs taken by the Park
Police for patterns of bloodstaining, gunpowder residue and the
presence or absence of physical marks on Foster's clothing and
body; a toxicological analysis of a blood sample obtained during
the autopsy and a comparison of that blood sample with blood on
Foster's clothing. a DNA comparison of Foster's blood with DNA
found near the muzzle of the gun; an analysis of mineral deposits

4.
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on the clothing ; a fingerprint analysis ; and a handwriting analysis
of a torn-up note discovered in Foster's briefcase. *

A four-member panel of experienced and respected forensic
pathologists ("Pathologist Panel") reviewed the results of the
investigation. The members of this panel are :

Dr. Charles S. Hirsch - Chief Medical Examiner for the
City of New York and Chairman of the Department of
Forensic Medicine at New York University Medical School ;

Dr. James L. Luke - Forensic Pathology Consultant, FBI
investigative Support Unit, FBI Academy,. Project
Director, Department of Environmental and Toxicologic
Pathology, Armed Forces institute of Pathology,
Washington D.C. ; Clinical Professor of Pathology at
Georgetown and George Washington Universities  **

Dr. Donald T. Reay - Chief Medical Examiner for King
County, Seattle, Washington since 1975 ; Professor of
Pathology at the University of Washington .

Dr. Charles J. Stahl - Distinguished Scientist and Armed
Forces Medical Examiner, Armed Forces institute of
Pathology, Washington, D.C.

Following their review of the evidence, the Pathologist Panel
issued a report summarizing their analysis and conclusions

("Pathologist Report"). ***




* Attached as Exhibit 1 are reports issued by the FBI Lab.
These include two general reports dated May 9, 1994 ( "Lab Report")
and June 13, 19 94 ("Supplemental Lab Report") ( the Supplemental Lab
Report was issued as a result of questions posed by this Office to
the Lab following receipt of the Lab's first Report) ; two reports
on the FBI Lab's fingerprint analyses dated May 9, 1994 and June 9,
1994 ; and a report on the FBI Lab's handwriting analysis dated June
17, 1994.


** Dr. Luke assisted this Office throughout the investigation.

*** The curriculum vitae for each pathologist is attached as
Exhibit 2. The Pathologist Report is attached as Exhibit 3.

5.
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This Office was also assisted by Dr. Joel E. Kleinman,
M. D., PhD., a respected psychiatrist. Dr. Kleinman is the Deputy
Chief of the Clinical Brain Disorders Branch and Chief of the
Neuropathology Section at the intramural Research Program, National
institute of Mental. Health, Saint Elizabeth's Hospital, Washington
D.C. He is also a Clinical Professor in the Department of
Psychiatry and Behavioral Sciences and Department of Neurology,
George Washington University School of : Medicine. *




SUMMARY OF CONCLUSIONS


On the afternoon of July 20, 1993, in Fort Marcy Park,
Fairfax County, Virginia, Vincent W. Foster, Jr. committed suicide
by firing a bullet from a. 38 cal iber revolver into his mouth. As
discussed below, the evidence overwhelmingly supports this
conclusion, and there is no evidence to the contrary. This
conclusion is endorsed by all participants in the investigation,
including each member of the Pathologist Panel.
We found no evidence that issues involving Whitewater,
Madi son Guaranty, CMS or other personal legal matters of the
President or Mrs. Clinton were a factor in Foster's suicide. While
Foster did confide to family and friends in the weeks prior to his
death that certain matters were troubling him, we have learned of
no instance in which Whitewater, Madison Guaranty, CMS, or other
possible legal matters of the Clintons were mentioned. Moreover,


* The curriculum vitae for Dr. Kleinman is attached as Exhibit 4.


6.
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in the spring and summer of 1993, Whitewater and Madison Guaranty
related matters were not issues of concern either within the White
House or in the press.




FACTS


A. Background


Vincent W. Foster, Jr. was born on January 15, 1945, in
Hope, Arkansas, where he attended the ; same kindergarten class as
President Clinton and White House Chief of Staff Thomas McLarty.
After graduating from Hope High School in 1963, Foster attended
Davidson College in Davidson, North Carol ina, where he earned a
bachelor's degree in 1967. in 1968, Foster married Elizabeth
("Lisa") Braden, with whom he had three children : vincent, age 22 ;
Laura, age 21 ; and John, age 18. in 1971, he received his law
degree from the University of Arkansas School of Law in
Fayetteville, Arkansas, where he ranked first in his class. He
subsequently received the highest score on the Arkansas Bar exam.
in 1971, Foster joined the Rose Law Firm and, in 1973, he was made
a partner. Among his partners at the firm were Hillary Rodham
Clinton, webster Hulbbell and William Kennedy.
Foster remained at the firm until January 1993, when he
moved to Washington, D.C., to assume the position of Deputy White
House Counsel. At about the same time, Kennedy joined the
Counsel's Office and Hubbell became Associate Attorney General.
Foster's office at the, Whtte House was located on the second floor
of the West Wing where he shared a suite with White House General



7.
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Counsel Bernard Nussbaum. A few weeks after arriving he hired
Deborah Gorham as his Executive Assistant.
When Foster first arrived in washington he lived with his
sister, Sheila, and her husband, Beryl Anthony. Foster's wife and
children remained in Arkansas so that his son John could complete
his school year. in March 1993, Foster rented a house and in early
June he was joined in Washington by his wife and children.
Friends and associates who knew Foster well, uniformly
described him as a man of honesty and integrity, respected for his
intelligence and judgmrrent. His professional reputat ion was of
paramount importance to him, particularly among colleagues in
Arkansas. Foster was characterized as quiet, reserved, and one who
rarely showed anger or emotion. Although difficult to get close
to, he could be relied upon as a trusted confidante. Col leagues
within the White House described him as a calming influence during
stressful periods.
Foster's family and friends said that Foster did not
experience any extended period of depression prior to the spring of
1993. Although he experienced some brief episodes of depression
and anxiety, these appeared to be resolved without treatment. From
time to time Foster experienced what his wife described as anxiety
or panic attacks, marked by heavy sweating and a strained voice.
in late 1992, he told his physician in Little Rock, Dr. Larry
Watkins, that he was feeling depressed and anxious. At least two
of Foster's close relatives have suffered from periods of
depression.


8.
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B. Foster's State Of Mind During The Weeks Prior To Suicide.

Foster's position at the White House generally demanded
that he work from between 7:30-8:30 in the morning until 9:30 or
later at night, either six or seven days per week. He took no
vacation or weekends off until the weekend immediately prior to his
death. The demands of the Counsel's office were severe, and
Bernard Nussbaum heavily relied upon Foster to assist him in
accomplishing a wide range of tasks. Friends and associates recall
that in the last two to three months prior to his death, he showed
signs of stress and had virtually no time to relax in the ways that
he had in Arkansas.
In the last six to eight weeks of his life those close to
Foster observed that he appeared exhausted much of the time, his
face drawn and grey. He confided to some that he was having
difficulty sleeping, and on certain mornings commented that he had
not slept at all. * Although no one noticed a loss of appetite, it
was obvious to many that he had lost weight. in the last few weeks
of his life Foster seemed uncharacteristically fretful, and more
quiet and subdued than usual. Family members noted that he had
lost his sense of humor and appeared distracted. Lisa Foster
described him as constantly worried and under stress.
Bernard Nussbaum noted a marked decrease in Foster's
productivity in the weeks prior to his death. During his first few
months in Washington, Foster actively involved himself in most of

* Foster had a prescription for sleeping pills but did not
want to take them for fear of becoming addicted.

9.
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the important matters within the Counsel's office. Nussbaum came
to rely on him to accomplish matters quickly and with sound
j udgment. During the particularly busy period of late June and
July, however, Foster was virtual ly uninvolved. For example,
Nussbaum noted that Foster uncharacteristically provided little
assistance in the selection of a new FBI Director, a task that
Nussbaum considered one of the most important he faced during his
time in Washington. Nussbaum repeatedly suggested to Foster during
this period that he should take some time off, but Foster was
reluctant. Deborah Gorham, his Executive Assistant, confirmed that
Foster's productivity dropped significantly in the last few weeks
of his life. Lisa Foster said that Foster received no j oy from his
work during that time.
Some fami ly members have stated that Foster appeared
depressed in the weeks prior to his death. Although it is
impossible to determine precisely what triggered this depression,
certain matters were cited repeatedly by those interviewed during
this investigation.
1. The Travel Office matter
Those close to Foster have stated that the single greatest
source of his distress was the criticism he and others within the
Counsel's Office received following the firing of seven employees
from the White House Travel Office.
The Travel Office controversy began in mid-May 1993, when
.
allegations surfaced that the White House Travel Office was being
mismanaged and that employees within that Office may have either
10.
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embezzled funds or received kickbacks. Foster gave Associate
Counsel William Kennedy responsibility for handling the matter. in
consul tat ion with Foster and others within the White House, Kennedy
took two steps : he hired an outside accounting firm to audit the
books of the Travel Office, and he contacted the FBI to discuss the
possibility of initiating a criminal investigation. On May 19,
1993, following a preliminary report by the accounting firm, the
White House decided to fire seven employees in the Travel Office.
in the days that followed, the White House was harshly
criticized for its handling of the matter. Some report s charged
that the White House pressured the FBI to open an investigation in
order to j ustify the firings. In late May 1993, the FBI conducted
an internal review of the meetings between FBI agents and White
House personnel, and on June 1, submitted a report on the matter to
the Attorney General. included in the report were statements
attributed to William Kennedy, some of which Kennedy denied making.
The White House announced in late May that it would conduct an
internal review of the Travel Office matter. in connection with
that review, the White House requested and received a copy of the
FBI's report to the Attorney General. On July 2, 1993, the White
House released an internal report that reprimanded Kennedy and
others for their handling of the matter. There was some discussion
within the White House about reprimanding Foster, but this did not
occur.
By many accounts, Foster was deeply disturbed by the
reprimand of Kennedy and what he viewed as a distortion of the

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facts by the press. Lisa Foster believed that the Travel Office
matter was the greatest cause of Foster's stress and anxiety in the
weeks prior to hi s death. She recalled that Foster had a bout of
"anxiety" at around the time that the White House reprimand was
issued. Foster was angry and distressed that, in his view, Kennedy
had been unj ustly criticized. He told co-workers that he believed
that the FBI's report to the Attorney General had mischaracterized
what had occurred in meetings with Kennedy. He told family members
that the FBI had lied about the meetings, and that the Counsel's
Office had been set up by the FBI in this matter. *
Foster was concerned that the White House report would
lead to unwarranted investigations of well - intentioned actions. He
felt responsible for Kennedy's situation because he had assigned
Kennedy to the matter. He was heard to raise his voice
uncharacteristically in insisting that Nussbaum allow Foster to
take the blame instead of Kennedy.
it is clear from Foster's conversations with others in the
White House that the reaction to the Travel Office firings had a
profound effect upon him. He told Webster Hubbell, a close friend
who at that time was serving as the Associate Attorney General,
that no laws or rules had been broken but that in Washington you


* At the time of the appointment of the Independent Counsel
on January 20, 1994, the Office of Professional Responsibility
("OPR") in the Department of Justice had already begun an inquiry
into the conduct of the FBI in connection with the Travel Office
matter. As a result, this Office agreed with OPR that this Office
would not investigate whether the FBI had in fact made false
statements in it s report to the Attorney General, but only whether
Foster's belief that the FBI had "lied" played any role in his
suicide.

12.
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are assumed to have done something wrong even if you have not. He
further told Hubbell that he thought the matter would never end.
Foster told Kennedy in connection with the Travel Office matter
that there were very few people one could trust in Washington.
Foster's sister, Sheila Anthony, observed that immediately
after the White House issued its Travel Office report, Foster's
distress became severe. He told his sister, as well as his wife,
Lisa, and friend, Kennedy, that he was : considering resigning from
his position. Both Sheila Anthony and Lisa Foster believed that
the personal humiliation he would have felt had he returned to
Arkansas under those circumstances prevented him from resigning.
According to Nussbaum, Foster became increasingly obsessed
with the Travel Office matter in the weeks before his death.
Foster repeatedly urged Nussbaum to hire outside counsel to
represent the General Counsel's Office in connection with the
issues related to the Travel Office firings. * Nussbaum felt that
Foster was overreacting and tried unsuccessfully to allay his
concerns.
The extent to which Foster was disturbed by Travel Office
issues is reflected in a torn note found in his briefcase by
Stephen Neuwirth on July 26, 1993, six days after Foster's death.
Lisa Foster has identified the handwriting in the note as Foster's,


* In fact, in early July 1993, Foster consulted James Lyons,
an attorney located in Denver, Colorado, about the likelihood of
Congressional hearings into the Travel Office firings and Foster's
concern that his role in the Travel Office matter might affect his
obj ectivity in advising the Clintons. Lyons advised Foster, after
reviewing the White House report, that he saw no conflict of
interest.

13.
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and a handwriting analysis performed by the FBI Lab confirms that
identification. Lisa Foster believes that the note was written by
Foster on or about July 11, 1993. On that day, she had encouraged
him to write down everything that was disturbing him. She also
encouraged him to go on the offensive and not take responsibility
for every mistake. Later that day, Foster told his wife that he
had written the opening argument for his defense - an apparent
reference to his expected testimony should Congress hold hearings
on the Travel Office matter..

There are ten separate entries in the torn up note found
in Foster's briefcase. Five of them appear to relate to the Travel
Office matter..

I made mistakes from ignorance, inexperience
and overwork;

I did not knowingly violate any law or
standard of conduct.

No one in the White House, to my knowledge,
violated any law or standard of conduct,
including any action in the travel office.
There was no intent to benefit any individual
or specific group.

The FBI lied in their report to the AG.

The press is covering up the illegal* benefits
they received from the travel staff.


2. The Wall Street Journal editorials
According to people close to Foster, he was also
distressed by editorials written about him in the Wall Street
Journal ("the Journal"). Of particular concern was a June 17,


* The full text of the note is attached as Exhibit 5.


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1993, editorial entitled "Who Is Vincent Foster?." The editorial
criticized the Clinton White House for "carelessness about
following the law", using as an example the Journal's efforts to
obtain a photograph of Foster. According to the editorial, someone
within the White House Counsel's Office responded that, "Mr. Foster
sees no reason why he should supply the Journal with a photo." The
Journal thereafter filed a request for the photograph under the
Freedom of Information Act but, according to the editorial, did not
receive a response within the ten-day period set forth in the Act.

The editorial states :

No doubt Mr. Foster and company consider us
mischievous (at best ).... Does the law mean
one thing for critics and another for friends.?
Will we in the end have to go to court to get
a reply, or will even that. work? Does it take
a $50,000-a day fine to get this mule's
attention.?... Who ensures that this
administration follows the law, or explains
why. not ? A good question. While
constitutional law may not have been the big
part of the Rose firm's practice, it seems to
us that a good man for the job would be deputy
counsel Foster.

 One week later, on June 24, 1993, the Journal ran another
editorial entitled "Vincent Foster's Victory", which focused on a
decision by the United States Court of Appeals for the District of
Columbia that Hillary Rodham Clinton was the functional equivalent
of a federal employee and, therefore, the Health Care Task Force
she headed need not meet in public pursuant to the Federal Advisory
Committee Act ("FACA" ). The editorial states :

As for Iran-Contra, we suspect that Vincent
Foster and Ollie North might hit it off.
After all, we're supposed to believe. that the
health task force "officially" disbanded on

15.
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May 30, and so FACA's requirements are moot.
That is, we're supposed to believe that Mrs.
Clinton and her associates will never ever
hold off-the-books meetings with "non-
government" advisers to get the reform plan
finished.

Foster was unaccustomed to such criticism. He was
distraught over these editorials, and told others that they were
mean-spirited and factually baseless. He believed the Journal
would continue attacking him and others within the Administration
until someone from Arkansas was forced : out of the White House. He
noted to his sister Sheila and to Kennedy that his friends and
colleagues in Arkansas read the Journal, and voiced his concern
that the editorials would damage his reputation. Foster told
Sheila's husband, Beryl Anthony, that he had spent a lifetime
building his reputation and that it was now being tarnished.
Sheila Anthony tried without success to make Foster understand that
this was "par for the course" in Washington politics. Colleagues
at the White House made similar comments and attempted to joke with
Foster about the editorials, but Foster found no humor in them.
On July 19, 1993, the Journal ran another editorial that
mentioned Foster. That editorial was critical of the speed at
which the Administration was moving to replace FBI Director William
Sessions, and compared it to the Administration's handling of the
Travel Office matter. The editorial noted that Foster was involved
in the Travel Office matter, and stated that, "The mores on display
from the Rose alumni are far from confidence-building."*


* The June 1 7, June 24 and July 19 Journal editorials are
attached as Exhibit 6. @

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Foster's views about the importance of reputation are
reflected in his commencement address to The University of Arkansas
Law School at Fayetteville, Arkansas, on May 8, 1993. Manv of
those interviewed referred to the speech as a source of insight
into Foster's attitudes. On the topic of reputation Foster told
his audience :

The reputation you develop for intellectual
and ethical integrity will be your greatest
asset or your worst enemy. i.. Treat every
pleading, every brief, every contract, every.
letter, every daily task as if your career
will be judged on it.... I cannot make this
point to you too strongly. There is no
victory, no advantage, no fee, no favor which
is worth even a blemish on your reputation for
intellect and integrity. Nothing travels
faster than an accusation that another
lawyer's word is no good.... Dents to the
reputation in the legal profession are
irreparable.... *

Sheila Anthony recalls that during his address Foster's voice was
unnaturally strained and tense, reminiscent of their father's voice
when he was distraught during the period before his death in 1991.
Foster's distress about adverse publicity is plainly
reflected in the torn note found in his briefcase. In reference to
the Journal editorials, he wrote that "The WSJ editors lie without
consequence."He concluded the note by stating, "I was not meant
for the job or the spotlight of public life in Washington. Here
ruining people is considered sport." **


* The full text of the address is attached as Exhib.it 7.

** Foster also exhibited distress over criticism received by
the Administration regarding matters in which he was involved. For
example, he was actively involved in the selection of a nominee for
United States Attorney General. On the night that Zoe Baird

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C. The Role of Whitewater

During his time as White House Deputy Counsel, Foster
continued to handle some personal legal matters for the President
and Mrs. Clinton, as he had while a member of the Rose Law Firm.
Among those matters was Foster's role in arranging for the
Clintons, accounting firm to prepare Whitewater tax returns for the
years 1990-92. We have reviewed all of the Whitewater-related
documents from Mr. Foster's files that were delivered to the
Clinton's personal attorney after his death. However, Rule 6 (e) of
the Federal Rules of Criminal Procedure precludes us from
disclosing the content of these documents since they were obtained
by grand jury subpoena.
Those who worked in the White House during the first half
of 1993 all stated that Whitewater was not an issue of any
significance within the White House during that period. The issue
had received virtually no attention in the press since the spring
of 1992, during the Presidential campaign. As one person put it,
Whitewater issues were "not on the screen" at that time. It was
not until October 1993, three months after Foster's death, when it
was disclosed that the Resolution Trust corporation had issued
withdrew from consideration, Foster had what was described as an
anxiety attack. He went to bed at about 2:30 a.m., sweating
profusely, and became sick. He told family members that he felt
that everyone was criticizing him. Beryl Anthony said that Foster
blamed himself for the failed nomination and was concerned that he
had let down the President.

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criminal referrals involving Madison Guaranty and Whitewater, that
the matter again received prominent public attention.
Each of Foster's co-workers, friends and family whom we
questioned was explicitly asked whether Foster had ever mentioned
Whitewater or Madison Guaranty related matters as a cause of
concern or distress. * According to each of these people, Foster
had never expressed any concern about these matters.
Questions have also been raised regarding whether a
warrant authorizing the FBI to search the premises of CMS played a
role in Foster's suicide. The search warrant was issued by the
Federal District Court in Little Rock, Arkansas, on the afternoon
of July 20, 1993, the date of Foster's death. However, the search
warrant was not made public until it was executed, on July 21,
after Foster's death. We have investigated to determine whether
Foster learned of the search warrant prior to his death and have
found no evidence that he did. In fact, only a limited number of
individuals in the Little Rock U. S. Attorney's Office, the Little
Rock FBI Office and the Court had any knowledge of the warrant
prior to its execution.
Obviously, the fact that Foster never expressed a concern
about Whitewater or Madison to anyone does not mean that he did
not, in fact, have such a concern. Thus, we cannot conclusively
rule out such a concern as a possible contributing factor to his
depression. What we can conclude is that there is no evidence that


* These questions were asked under circumstances where a
false statement would be prosecutable under Title 18, United States
Code, Section 1001.


19.
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he did have such a concern against a background in which
Whitewater /Madison issues were neither a matter of expressed
concern in the White House, nor the subj ect of media attention. *



D.  Foster's Activities From July 12 - July 18, 1993

Early in the week of July 12, Foster expressed concern to
Beryl Anthony about the possibility of congressional hearings on
the Travel Office matter and asked : Anthony to recommend an
attorney. Mr. Anthony delivered a list of attorneys to him later
that week. At about the same time, Foster spoke to James Lyons by
telephone and told Lyons that the Travel Office matter was
escalating and asked him to come to Washington as soon as possible.
They arranged to meet the following week, on July 21, when Lyons
was planning to be in Washington on other business. On July 13,
Foster again expressed his concern about upcoming congressional
hearings regarding the Travel Office and told his wife that he was
thinking about resigning.
Deborah Gorham, Foster's Executive Assistant, stated that
Foster did little work during the week of July 12, and instead
concentrated on" cleaning-up" matters that he had not been able to
get to for some time, such as dictating thank-you and
congratulatory notes. Gorham rarely had personal conversations
with Foster, but on Thursday, July 15, he told her that he was


* In addition to completing tax returns on Whitewater, Foster
also participated in creating a blind trust for the Clintons,
completing their personal 1992 income tax returns, and fulfilling
their financial disclosure requirements. There is no evidence that
these matters were a contributing cause of Foster's distress.

20.
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frustrated because well - intentioned people were trying to build
something and others just kept knocking it down. Gorham asked
Foster if he ever felt that he was in "spiritual default." He said
that he did, and Gorham recommended a church located near the White
House.
Lisa Foster recalls that during that same week, Foster
told her that his heart had been "pounding". Records reflect that
on Friday, July 16, he went to the White House medical unit to have
his blood pressure taken, which was recorded as 132/ 84. On the
same day, Foster called his sister, Sheila, and told her that he
was battling depression for the first time in his life and did not
know what to do about it. Sheila Anthony described Foster's voice
as tight and strained. She asked him to let her contact a
psychiatrist and set up an appointment for him. Foster told her
that he was hesitant to see a psychiatrist because it could
j eopardize his White House security clearance. Sheila Anthony said
that she would discuss this concern with the psychiatrist before
making any appointment.
Sheila Anthony contacted a psychiatrist in the Washington
area who was recommended by a friend. That doctor agreed to see
Foster one time on an "off-the-record" basis. Sheila Anthony then
called Foster and provided him with the names and telephone numbers
of three psychiatrists, including the one she had spoken to, and
encouraged him to call right away. He said that he wanted to think
about it over the weekend.

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Telephone records reflect that in the early afternoon of
July 16, Foster made two calls to one of the psychiatrists
recommended by his sister. At. 12.41 p.m. and again at 1:24 p.m.,
Foster called the psychiatrist from the telephone in his office,
and charged the calls to his home telephone. Each call lasted one
minute or less. * The psychiatrist called by Foster often uses an
answering machine during the lunch hour when no one is in the
office. It is possible that Foster reached the answering machine
and did not leave a message. Neither the psychiatrist that Foster
attempted to reach nor the other psychiatrists recommended by
Sheila Anthony ever spoke with Foster. The list of psychiatrists
was found on a piece of paper in Foster's wallet following his
death.
During the same telephone call in which Foster told
Sheila Anthony that he was depressed, he asked her to recommend a
place he and his wife could go to relax for the weekend. She
called Lisa Foster with two or three possibilities, and Lisa Foster
made arrangements for them to go to an inn on Maryland's Eastern
Shore. Before they left, Foster told his wife that he was
depressed, and she could tell that he was still under great stress
while they were driving through Maryland.
Coincidentally, Webster Hubbell and his wife were also on
the Eastern Shore of Maryland for the weekend staying with friends,
Michael and Harolyn Cardoza, who also knew the Fosters. On

* Calls of less than one minute are reflected on a telephone
bill as one minute in length.
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Saturday, July 17, the Cardozas invited the Fosters to their home,
and the group spent Saturday evening and Sunday together. Hubbell
described it as a relaxing weekend during which Foster j ogged, went
boat ing, hit some golf balls, read the newspaper, and ate fresh
crab for the first time. Foster and Hubbell spoke about the need
to change their lifestyles and spend more time away from work.
Foster mentioned that he missed spending time during June and July
at his house in Michigan, as he had while at the Rose Law Firm.
Somewhat in contrast to Hubbell's perception of the
weekend, Lisa Foster stated that the weekend did not go
particularly well for Foster. When Foster returned on Sunday
evening, July 18, he spoke to Lyons by telephone. They discussed
the Travel Office matter for approximately thirty minutes and
confirmed that they would meet in Washington to further discuss it
on July 21.
E. Foster's Activities On July 19
Gorham observed that Foster spent much of the day on
Monday, July 19, going through paperwork on his desk and in his
desk drawers, dictating letters and taking care of unfinished
business. She described Foster's day as one of " straightening and
cleaning." Gorham recalled that he spent much of the day with his
door closed.
Gorham recalls that at one point Foster came out of his
office and placed three envelopes in the out-box on her desk. The
envelopes had already been addressed, stamped and sealed by Foster,
which was unusual. She looked at the envelopes to make sure they


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had postage and recalls that one was addressed to Foster's mother
in Hope, Arkansas, and another was addressed to an insurance
company. She cannot recall how the third envelope was addressed.
Sheila Anthony was with their mother when she received
correspondence from Foster a day or two after his death. The
letter contained oil leases which had been left to Foster's mother
after his father died in 1991. Foster wrote a very brief
typewritten cover letter providing instructions to his mother
regarding the leases. Lisa Foster believes that the correspondence
sent to the insurance company and the third envelope mailed by
Foster were bill payments that she had asked Foster to make.
Hubbell stopped by Foster's office on July 19, and Foster
told him that the weekend had been good for him and that he and
Lisa were planning to go away the following weekend. Lisa Foster
recalls that she and Foster had spoken about going away the
following weekend but that no plans had been made. Foster also
told Sheila Anthony during a telephone conversation on July 19 that
the weekend had gone well, and he contemplated getting away more
often. He also said that he was not yet ready to contact a
psychiatrist.
On the same date, Foster contacted Dr. Larry Watkins, his
physician in Arkansas. He told Watkins that he was under a great
deal of stress and was depressed, that he had a loss of appetite
and was losing weight. Watkins prescribed an anti -depressant drug
called Desyrel, which has the generic name trazadone. Watkins
stated that he had never before prescribed an anti -depressant for

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Foster. A pharmacy in Washington filled the prescription for 30
tablets, in a dosage of 50 milligrams per tablet, and had the
tablets delivered to Foster's home in the late afternoon on July
19. * Lisa Foster saw Foster take one tablet during that evening.
Foster left work earlier than usual that day and arrived
home around. 7.45 p.m. During the evening Foster received a call
from President Clinton. The President had heard that Foster was
feeling down about the Travel Office matter and called to invite
Foster to watch a movie with him and others at the White House.
Foster declined the invitation. After chatting about Foster's
weekend in Maryland, the President told him that he wanted Foster's
advice on possible White House organizational changes. They agreed
to meet on Wednesday, July 21. The President did not perceive
during this conversation that Foster was downcast or depressed.
F. Foster's Activities On July 20
Lisa Foster recalls that Foster left for work at about
8:00 a. m. She saw him for the last time standing "stiffly" in the
kitchen before he left for work. As usual, Foster drove to work in
their 1989 light grey Honda Accord which still bore Arkansas
license plates. On the way to the White House, he dropped his son,
Vincent, at a Metro station and his daughter, Laura, at work. Soon
after Foster arrived at the White House, he attended the regular


* The pharmacy had no record of having filled any prior
prescriptions for Foster.
25.
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9:00 a.m. Counsel's Office staff meeting. * Following the meeting,
Foster went to the White House Rose Garden to attend the ceremony
announcing the selection of Louis Freeh as Director of the FBI.
Foster then returned to his office.
Later that morning, Foster walked into Nussbaum's office,
where Nussbaum was watching television coverage of two events : the
Freeh nominat ion and Ruth Bader Ginsburg's Supreme Court
confirmation hearings. Nus sbaum was exuberant about both
nominations. He said to Foster, "We hit two home runs today."
Foster seemed distracted and his response was markedly understated.
At approximately 12:00 noon, Foster asked Linda Tripp, an
Executive Assistant to Nussbaum, to get him lunch from the
cafeteria. A short time after Tripp went to the cafeteria, Thomas
castleton, an employee in the Counsel's Office, arrived at the
cafeteria and told Tripp that Foster had sent him to find out what
was taking so long. Tripp delivered Foster's lunch and added some
M & M's to the tray. Foster sat on the couch in his office and ate
his lunch while reading the newspaper. At about 1:00 p.m., he came
out of his office holding his suit jacket, without a briefcase. He
told Tripp that there were still some M & M's on the tray if she
wanted them. He said, "I'11 be back," and then left.
Foster did not return to the White House. A number of
people tried unsuccessfully to reach him by telephone. C. Brantley
Buck, Foster's former partner at the Rose Law Firm, called to

* Nothing of significance to the issues of this Report
occurred during that meet ing.
26.
|------------------- PAGE BREAK ---------------------------|


discuss finalizing work that Buck had been doing to set up a blind
trust for the Clintons. Foster, who was acting as Buck's contact
point at the White House, was supposed to have the Clintons sign
some documents to complete the process. Buck stated that there was
nothing about the blind trust that would have provided a source of
concern to Foster, nor did Foster ever express any such concern.
James Lyons called to finalize plans for his meeting with
Foster'scheduled for the following : day. Gordon Rather, an
attorney from Little Rock, called to discuss a routine matter
regarding the American Board of Trial Advocates. A number of
people within the White House also tried to reach Foster to discuss
ongoing White House proj ects with which Foster was involved.
We have been unable to determine where Foster went
following his departure from the Counsel's Office at about 1 : 00
p. m. We have also been unable to determine with certainty when
Foster entered Fort Marcy Park. One motorist traveling on the
George Washington Memorial Parkway saw a Japanese-made car driven
by a white male swerve from the left lane of the Parkway into Fort
Marcy Park some time between 2:45 and 3:00 p. m. on the afternoon of
July 20. When interviewed shortly after Foster's death, the
motorist told the Park Police that he recalled that the license
plate on the car was from either Arkansas or Ohio. When he was
recently shown pictures of Foster's car, the motorist stated that
he did not believe that it was the car he saw on July 20 because


27.
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the license plate he saw identified the State in the lower right
hand corner of the plate. *
Another man stated that he drove into Fort Marcy Park
between 4:15 and 4:30 p.m. He observed two cars in the parking lot
of the Park at that time. He described one as a brown Japanese-
made car with an Arkansas license plate. When shown photographs of
Foster's car, he stated that the car he saw appeared darker in
color and more compact. He stated that nobody was in the car, but
there was a man's suit j acket folded over the passenger seat of the
car. He recalls that the car was parked in one of the first spaces
on the left side of the lot, which is where the Park Police found
Foster's car following his death. The Park Police also found
Foster's suit j acket draped over the front passenger seat of his
car.

G. Discovery Of Foster's Body
1. Fort Marcy Park
Fort Marcy Park is located adjacent to the northbound
lanes of the George Washington Memorial Parkway in Fairfax County,
Virginia. The only vehicular entrance is from the Parkway,
although there is a small opening in the fence on the Chain Bridge
Road side of the park for use by pedestrians. A short drive from
the Parkway entrance, there is a parking lot. Several foot trails
lead from the lot. The original Fort Marcy was one of a ring of
fortifications constructed during the Civil War to defend
* In recent years, only the State of Montana has a license
plate that identifies the State in the lower right corner.

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Washington against Confederate attack. It is now a National Park.
One path from the parking lot leads up to two cannons dating from
the Civil War.
No one interviewed during this investigation had ever
heard Foster mention the Park, or knew of Foster ever visiting the
Park prior to the date of his death.


2. Observations by Confidential Witness

Foster's body was discovered in Fort Marcy Park at
approximately. 5:45 p. m. on July 20 by a man who has requested that
his identity remain confidential. As a result, this individual
will be referred to only as a confidential witness ("CW"). *
On the afternoon of July 20, at approximately 5:30-5:45
p.m., CW was driving north on the George Washington Memorial
Parkway in heavy traffic when he turned into Fort Marcy Park to
urinate. When he arrived, he observed two cars in the parking lot.
He described the first as a compact Japanese-made car of a light
color (he is not sure of the exact color) parked in the second or
third space on the left as one enters the lot. ** The other he
described as a white Honda Accord parked near the rear of the lot.
CW had visited the Park many times and was familiar with its
layout.


* CW initially provided this information to G. Gordon Liddy,
who hosts a radio call - in program broadcast from the Washington,
D.C. area. Mr. Liddy subsequently contacted this Office and
arranged for this Office to meet and interview CW, after receiving
assurances that we would respect CW's desire for confidentiality.

** This is approximately the spot where the Park Police located
Foster's car.

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CW followed a path off the parking lot for approximately
200 yards until he reached the second cannon, which faces a raised
berm that runs along the original Fort's perimeter. CW walked j ust
over the berm, stopping at a point about 15-20 feet to the right of
the cannon. * He noticed to his left what he first thought was a
pile of trash located on the slope j ust over the berm in front of
the cannon. He went over to look, and realized that it was a body.
He stood at the top of the berm, j ust above the head of the body.
The body appeared to be a man dressed in a white dress shirt,
" expensive" trousers, and black dress shoes. CW stated that the
man's head was either straight up or slightly tilted to the right,
his arms were straight down at his sides. CW further stated that
he believed the man's palms were facing upward. He did not see a
gun in the man's hands but said it was difficult to see his hands
because of the dense foliage in the area where the body was lying.
CW acknowledges that, because of his position at the top of the
berm and the heavy foliage, there could have been a gun in the
man's hand that he did not see.
CW saw what appeared to be dried blood on the man's lips
and nostrils. He also noticed a purple stain, which he believed to
be a mixture of wine stains and vomit on the right upper shoulder
and chest of his shirt. CW stated that he never touched the body.
After briefly viewing the body, CW returned to his vehicle
and drove to Parkway Headquarters about two miles north of Fort
* CW stated that he walked to this spot because he saw two
cars in the lot and wanted to be assured that he would have
privacy.


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Marcy Park, where he hoped to find a telephone. When he pulled
into the parking lot he saw two uniformed park maintenance
employees. CW provided the employees with the location of the body
and drove off. He did not leave his name and the maintenance
workers did not observe his license plate. *


3. Observations of the U. S. Park Police and Fairfax Countv personnel
Computer records and audio recordings establish that at
5:59 p. m., using a public telephone, one of the Park maintenance
workers dialed "911" to report the information provided by CW. He
was advised by the Fairfax County Police dispatcher that because
the body was found in the Park, the Park Police was the appropriate
authority to respond. At 6. 02 p. m., the maintenance worker reached
the Park Police dispatcher and reported the information received
from CW.
Following receipt of these calls, the Fairfax County Fire
and Rescue Department dispatched Emergency Medical Services ("EMS")
personnel to the Park, and the Park Police dispatched officers and
investigators. At 6. 09 p. m., a medical unit and an engine unit
from Fairfax County EMS arrived at the Park. At approximately the


* In order to test the veracity of the information provided by
CW, this Office performed a detailed analysis of that information.
CW provided details that have never become public, and that could
only have been known by the person who discovered Foster's body.
These details include specific information about the appearance and
location of the body, the description and location of the cars in
the parking lot, the physical description of the park maintenance
workers, and the short conversation held with them.

31.
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same time Officer Kevin Fornshill of the Park Police arrived. They
split up to look for the body.
Fornshill was first to arrive at the body. His
description of its location is identical to that reported by CW.
Fornshill observed the body from the top of the berm as had CW and
reported that Foster's head was near the top of the berm directly
in front of the second cannon.
Representatives from this Office and the FBI have gone to
this site numerous times. The berm on which Foster was found is
located approximately ten feet in front of the cannon. There is a
short incline on the inside of the berm facing the cannon. From
the top of the berm, the ground falls away to form the outside
embankment of the Fort. Foster was found on the outside of the
berm, toward the top of the embankment. The embankment is about
twenty to twenty-five feet in length, sloping at about a 45 degree
angle.
Fornshill described Foster's body as lying straight up
with his head slightly tilted to the right. From his position at
the top of the berm, Fornshill could not see a gun, but noted that
the natural foliage around Foster's body blocked his view of
Foster's hands. Even after the EMS personnel arrived and stated
that Foster had a gun in his right hand, Fornshill still could not
see it from the top of the berm.
The first EMS personnel to arrive at the body were Todd
Stacey Hall and George Gonzalez. Each of them moved next to the
body and saw a gun in Foster's right hand, partially concealed. 


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beneath the hand and right leg. Hall checked for a pulse against
the left side of Foster's neck and found none. Hall states that he
did not move Foster's head during this time.
Shortly thereafter an additional group of EMS personnel
and Park Police officers arrived at the body. Polaroid and 35 mm
photographs were taken of the body and the surrounding area. The
35 mm photographs were underexposed and of little value, despite
the FBI Lab's effort to enhance their quality. The Polaroid
photographs, however, clearly depict the condition of Foster's body
shortly after the arrival of the Park Police. The photographs show
blood stains on Foster's face and on the right shoulder of his
shirt. The staining on his shirt covered the top of his shoulder
from his neck to his upper arm. The photographs of his face show
two lines of blood, one running from the right corner of his mouth
to below the right ear, and the other from the right nostril toward
the temple above the right ear. The photographs also show a larger
area of blood staining Foster's right cheek and jaw, forming what
is described in the FBI Lab Report as a "contact stain." Lab
Report at 9. *


* Two members of Fairfax County EMS, George Gonzalez and
Richard Arthur, have expressed doubts about whether Foster's death
was the result of a suicide. In large measure, these doubts were
caused by observations of what they believed to be bullet wounds on
Foster's face. Gonzalez believed he saw a bullet hole in the upper
right portion of Foster's forehead. Arthur believed he saw a
bullet wound in the right side of Foster's neck. These wounds did
not exist. The autopsy results, the photographs taken at the
scene, and the observations made by Park Police investigators
conclusively show that there were no such wounds.

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At approximately 6:35 p.m., Park Police Investigators
arrived at the body. Park Police Investigator John Rolla observed
that some of the blood on Foster's face was still wet when he
arrived, but was starting to dry. He touched Foster's body and
noted that it was still relatively warm (which could have been a
result, in part, of the ninety degree heat that day) and there were
no signs of rigor mortis. * Foster's clothes were neat and there
was no sign of any struggle. Foster was wearing his White House
paging device, which had been turned off. A pair of eyeglasses,
identified by Lisa Foster as belonging to her husband, were found
about thirteen feet below Foster's body at the bottom of the berm.
Park Police Technician Peter Simonello was responsible for
removing the gun still held in Foster's right hand. He noted that
the knuckle of Foster's right thumb was trapped between the front
surface of the trigger and the inside of the trigger guard of the
gun. Simonello stated that Foster's hand was flexible, but that he
had to half cock the weapon in order to remove his thumb. After
removing the gun, Simonello observed a deep impression on Foster's
thumb where the trigger had been located. He further saw powder
residue on Foster's thumb and along the edge of Foster's right
index finger. Photographs taken at the scene and at the autopsy
show this powder residue, and a photograph taken at the autopsy
shows the mark on Foster's thumb. The gun, a .38 caliber Colt

* As stated in the Pathologist Report, the available
information is insufficient to determine the precise time of death
during that afternoon. Pathologist Report, at i 4.

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revolver, was found to contain one unexpended cartridge and one
cartridge case from which a bullet had been fired.
While one group of Park Police officials continued to
examine Foster's body, others conducted an inspection of the cars
in or near the parking lot. When the Park Police and EMS personnel
first arrived, they observed three cars within the Park. The first
was a blue Mercedes flashing its hazard lights, located just inside
the entrance to the Park. This car belonged to a woman who had
pulled into the Park late in the afternoon when her car had begun
to malfunction. She immediately left the Park on foot and a tow
truck arrived to pick up the car at approximately. 7:00 p.m.
The second car, a white Nissan Stanza parked near the rear
of the parking lot, belonged to another woman who drove to the Park
with a friend at approximately 5:00 p.m. * They were still in the
Park when located by the Park Police a short way down a path
leading south from the parking lot. Neither individual heard a
gunshot while in the Park or observed anything unusual.
The third car, a grey 1989 Honda Accord with Arkansas
license plates, was parked in one of the first spaces on the left
near the entrance of the parking lot. The car was registered to
Vincent Foster. Park Police Investigators observed a suit j acket
that matched the pants worn by Foster, neatly folded over the
passenger seat of the car. In the j acket was Foster's White House
identification. The keys to the car were located in Foster's pants

* CW accurately described the location and description of
this car.


35.
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pocket. The car was impounded and searched, but nothing
significant to the investigation was found. * Foster's wallet was
in his suit j acket and contained $2.92, credit cards, and
miscellaneous papers, including the list of three psychiatrists
provided by Sheila Anthony four days earlier.
At approximately 7:40 p.m., Dr. Donald Haut, the Fairfax
County Medical Examiner, arrived at the scene to examine the body.
At that point Foster's body was rolled over and those present
observed a large pool of blood located on the ground where Foster's
head had been. Haut observed a large exit wound in the back of the
skull.
Following this examination, additional personnel from
Fairfax County Fire & Rescue were dispatched to the scene to
transport Foster's body to the morgue. At approximately 8:45 p.m.,
Corey Ashford and Roger Harrison lifted Foster's body under the
arms and placed him into a body bag. The body was wheeled out of
the Park on a stretcher and transported to Fairfax Hospital where
it was briefly examined by Dr. Julian Orenstein, the physician on
duty in the hospital's emergency room, who officially pronounced
Foster dead. The body was taken to the morgue, where it was later
identified by William Kennedy and Craig Livingstone, a Special
Assistant to the White House Counsel.


* The presence in the car of beer cans, an empty pack of
cigarettes, and a cork screw was the result of a trip to the beach
taken by Foster's sons during the prior weekend.
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H. The Autopsy
At 10:00 a.m. on July 21, 1993, Dr. James C. Beyer, the
Deputy Chief Medical Examiner for the Northern Virginia District,
conducted the autopsy on Foster. The autopsy found a contact
bullet wound entering the soft palate inside the mouth. A
microscopic examination noted extensive gunpowder residue on the
soft palate. According to the autopsy report and information
subsequently provided by Dr. Beyer, the bullet entered the cranial
cavity, significantly damaged the left side of the brainstem and
the left cerebral hemisphere of the brain, and exited from the
center of the back of the head. The autopsy found no other trauma
to Foster's body and found his teeth unbroken. Dr. Beyer found
gunpowder- like residue on the lateral portion of both index
fingers, with a greater concentration on the right index finger.
No alcohol or drugs were found in Foster's blood, although a later
analysis by the FBI Lab revealed trace amounts of trazadone,
attributable to the anti-depressant prescribed by Dr. Watkins.
Photographs taken during the autopsy, as well as microscopic slides
of Foster's soft palate and other tissues, were obtained from Dr.
Beyer by this Office and reviewed by the Pathologist Panel. * Dr.
Beyer certified the death as a suicide. **



* The office X-ray machine was inoperable at the time of
Foster's autopsy, and as a result no X-rays were taken.
** The complete autopsy report is attached as Exhibit 8.
37.
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I. The Gun
The Park Police submitted the gun found in Foster's hand
to the Bureau of Alcohol, Tobacco and Firearms ( "ATF") for testing.
ATF identified the gun as a. 3 8 caliber Colt revolver. The gun
contained two different serial numbers, indicating that it was
assembled with parts from two different guns. The only available
records indicate that guns bearing those serial numbers were
purchased in 1913. 
When shown the gun, Foster's sister, Sharon Bowman,
identified it as appearing very similar to the one their father had
kept in his bedside table, specifically recalling the pattern on
the grip. When her father fell ill with cancer in 1991, Bowman
moved this gun and others in her father's collection into a closet
within her father's house. In 1991, shortly after her father's
death, Bowman showed Foster where she had put the guns and Foster
removed them from the house.
Lisa Foster stated that the gun looked similar to one that
she had seen in their home in Arkansas and that she had brought to
Washington. Foster had packed a trunk prior to going to Washington
but did not take the trunk with him. When Lisa Foster "repacked"
the trunk for her own move to Washington in June, she saw the gun
and brought it with the rest of her belongings. * Lisa Foster felt
uncomfortable having a gun in their house, and twice asked Foster
to remove it. On the night of Foster's death, she found a gun,

* Foster's children did not recognize the gun as one they had
seen in their home.


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different in appearance from the gun that she had brought with her
from Little Rock, in the closet of her house in Washington. She
did not recall seeing any ammunition in their house in Washington.
In recent weeks, she found some ammunition at her home in Arkansas,
but none of it was .38 caliber.


J. The Park Police Investigation

1. Investigative Jurisdiction
Because Foster's death occurred in a National Park, the
Park Police, as part of the Department of the Interior, had
jurisdiction to conduct the investigation. Park Police Chief
Robert E. Langston stated that the Park Police have historically
had primary investigative jurisdiction for crimes or possible
crimes committed within federal parks.
The FBI would have had primary investigative jurisdiction
if the circumstances fell within the Presidential and Presidential
Staff Assassination statute, Title 18, United States Code, Section
1751. That statute makes it a federal crime to, among other
things, kill the President, Vice-President, or a specified number
of persons appointed by the President or Vice-President. The
statute further provides that violations shall be investigated by
the FBI. * Based on a preliminary inquiry by the FBI which failed



* 18 U. S. C. Section 1751 covers "any person appointed under
section 105 (a) (2) (A) of title 3 employed in the Executive Office of
the President.... " Title 3, United States Code, Section
105 (a) (2) (A) provides that the President may appoint twenty-five
employees at a specified rate of pay. Because the preliminary
investigation by the FBI provided no indication of criminal
activity, the FBI did not determine whether Foster was covered by
this statute.

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to indicate any criminal activity, the FBI's inquiry into this
matter was closed. At the request of this Office, the FBI
reentered this investigation in February 1994.
2. Summary of Park Police investigation
In the weeks following Foster's death, the Park Police
conducted a number of interviews with family members, White House
staff, and others ; reviewed documents obtained from the White House
and from Foster's personal belongings ; and took other investigative
steps including fingerprint analyses and an unsuccessful search in
Fort Marcy Park for the bullet fired from the gun. The Park Police
concluded that Foster's death was a suicide from a self-inflicted
gunshot wound to the mouth.

TESTS CONDUCT.ED BY FBI LABORATORY
In March 1994, this Office obtained from the Park Police
and the Medical Examiner's Office all available physical evidence
collected in connection with the investigation of Foster's death,
and provided it to the FBI Lab for analysis. This evidence
included the gun and the ammunition it contained, Foster's clothing
and eyeglasses, items found in Foster's car, photographs taken at
the scene of the death and during the autopsy, Foster's hair and
blood samples obtained during the autopsy, the autopsy report, and
relevant portions of the Park Police Report on Foster's death. The
FBI Lab performed extensive analyses, as summarized below.


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A. Firearm Analysis
The FBI Lab test - fired the revolver found in Foster's hand
("Foster's gun") and found that it was operable. This kind of
firearm can be fired by either cocking the hammer and then pulling
the trigger ( single action) or by simply pulling the trigger
(double action). * The cartridge case, a. 3 8 caliber special
cartridge case manufactured by Remington was analyzed and found to
have been fired inside Foster's gun. The unexpended cartridge was
also. 38 caliber manufactured by Remington, and bore the same stamp
as the expended cartridge.
The FBI Lab found that when Foster's gun is fired, it
releases gunshot residue from the muzzle of the gun and from the
cylinder gap. As a result, powder and lead residue can be found on
obj ects in close proximity to the gun when fired. An analysis of
the photographs taken at the autopsy reveal gunshot residue on the
side of Foster's right forefinger and the web area of Foster's
right hand. The FBI Lab found this consistent with that vented by
Foster's gun when ammunition of the type found in its cylinder is
fired with the palm of the right hand positioned near the front of
the cylinder or near the muzzle.
The trigger of Foster's gun will automatically rebound
when released after firing. On one of the autopsy photographs,
there is a visible mark on the inside of Foster's right thumb. The
FBI Lab found that this mark is consistent with a mark produced by

* The latter method requires a much firmer pull on the
trigger.


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Foster's gun 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 [Foster's gun] when the trigger rebounds (moves
forward).,, This mark is also consistent with the position of
Foster's thumb in the trigger guard as depicted in the Park Police
photographs. Lab Report, at 7.

B. Chemical Analvsis
Ball shaped gunpowder was : found in scrapings from
Foster's shirt and undershirt. The FBI Lab found this gunpowder to
be physically and chemically similar to the powder found in the
empty cartridge case in the gun. In addition, chemical testing of
Foster's shirt resulted in a positive reaction for the presence of
lead residue. The presence of the residues found on Foster's
shirt is consistent with the blast from the cylinder of Foster's
gun when fired using ammunition of the kind found within that gun.
The FBI Lab further found one piece of ball powder on the
eyeglasses recovered from the bottom of the berm, approximately
thirteen feet below where Foster was found. This powder is
physically and chemically similar to the gunpowder found in the
cartridge case removed from Foster's gun. These facts are
consistent with the eyeglasses being positioned near the gun when
fired ( such as on Foster's face or in his shirt pocket ). One
obvious scenario is that the eyeglasses were dislodged by the
sudden backward movement of Foster's head when the gun was f ired,
after which the glasses bounced down the hill.



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The FBI Lab detected one flattened ball-shaped gunpowder
particle in scrapings from Foster's shoes and socks, and one disk-
shaped particle on the paper that Foster's clothes were placed on
at the Park Police Laboratory. The FBI Lab found that these
particles did not originate from the fired cartridge in Foster's
gun. These particles are believed to be the result of
contamination some time after the clothing was removed from
Foster's body. * The FBI Lab concluded that these particles " are
not likely associated with this investigation. " Supplemental Lab
Report, at 3.


C. Blood Analysis

The FBI Lab conducted tests on the blood sample obtained
during Foster's autopsy. The tests revealed small concentrations
of trazadone, diazepam and nordiazepam. Trazadone is the anti -
depressant prescribed by Dr. Watkins and taken by Foster on the
evening of July 19. Diazepam is commonly known as valium, and
nordiazepam is a metabolite of valium. ** The concentrations of
these drugs were below generally recognized therapeutic levels.



* Although the Park Police laboratory does take precautions to
avoid contamination of evidence, it is a small facility which was
conducting a number of unrelated examinations in July 1993.
Foster's clothes were laid out to dry for four days on the floor of
a "photo lab room" adj acent to the laboratory examination area.
This room is regularly used by Park Police officers working on
investigations and is equipped with an exhaust fan. It is possible
that the clothes were contaminated while in this room.

** Lisa Foster stated that there was valium in their home in
Washington, but she was not aware of Foster taking any.

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Foster's blood type was found to be consistent with the
blood found on his shirt and undershirt. A visual examination and
limited chemical testing of the gun by the FBI Lab did not reveal
the presence of any blood. Additional chemical testing was avoided
so that the gun could be preserved for subsequent fingerprint and
DNA testing. Subsequent testing did detect DNA near the muzzle of
the gun which could have been derived from blood or saliva.
D. Analvsis of Bloodstaining Patterns
The FBI Lab conducted an analysis of the bloodstaining on
Foster's face and clothing as depicted in the photographs taken at
the scene. The photographs show Foster's face pointing straight up
- his head not tipped to either side. This position is
inconsistent with the blood patterns on Foster's face and shirt.
The blood on the right shoulder of Foster's shirt " consists of
saturating stains typical of having been caused by a flow of blood
onto or soaking into the fabric. " Lab Report, at 9. The blood on
Foster's right cheek and j aw is a " contact stain... typical of
having been caused by a blotting action, such as would happen if a
blood- soaked obj ect was brought in contact with the side of his
face and taken away, leaving the observed pattern behind. " Lab
Report, at 9.
The FBI Lab concluded that the pattern of the blood on
Foster's face and on Foster's shoulder is consistent with Foster's
face having come into contact with the shoulder of his shirt at
some point. Because Foster's head is not in contact with his
shoulder in the photographs, the FBI Lab Report concludes that


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Foster's head "moved or was moved after being in contact with the
shoulder." Lab Report, at 9. The Pathologist Panel endorsed this
conclusion, stating that " a rightward tilt of his face was changed
to a forward orientation by one of the early observers before the
scene photographs were taken. " Pathologist Report, = 7.
The FBI Lab also found extensive bloodstaining on Foster's
shirt and undershirt, covering a vastly greater amount of his shirt
than that depicted in the photographs : taken at the scene. This
staining is attributable to the movement of the body from the
scene, which typically results in additional staining of the
deceased's clothing.

E. DNA Analysis
The FBI Lab performed a DNA analysis on material obtained
from an area within 5 cm from the muzzle portion of the gun barrel.
This DNA was compared to the DNA in Foster's blood, and the FBI Lab
found it to be the same type. This DNA type is shared among
approximately 6 percent of Caucasians. This material is derived
from a cellular material, likely blood or saliva.

F. Fingerprint Analvsis
The FBI Lab removed the grips from the handle of Foster's
gun for testing. There were no fingerprints found on the outside
of the grips or any other exposed portion of the gun. One print



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was located on the inner surface of one of the gun's grips. The
FBI Lab determined that this was not Foster's print. *


G. Handwriting Analysis

Lisa Foster provided a document that she knew to have been
handwritten by her husband, and personal checks that she knew had
been signed by him. The FBI Lab compared the handwriting to that
on the torn note found in Foster's briefcase on July 26, 1993, and
determined that the torn note was written by Foster.


F. Other Analvses

1. The FBI Lab examined the pair of prescription

eyeglasses found at the bottom of the berm and compared them to
Foster's optical prescriptions provided to this Office by Lisa
Foster. The FBI Lab found that the prescriptions were consistent
with the determined prescription of the eyeglasses found on the
berm. Marks on the earpieces of the eyeglasses were found to be
consistent with biting. Lisa Foster stated that Foster had a habit
of biting the earpieces of his glasses.

2. The FBI Lab determined that Foster's clothing
contained head hairs dissimilar from his own, and carpet type
fibers of various colors.

3. When Foster's clothing was examined by the FBI Lab,
it " did not contain any coherent soil. " Lab Report, at 12.


* The ability to recover prints varies due to a number of
factors including the texture of the tested obj ect and
characteristics of the person who came in contact with that obj ect.
Latent prints can be destroyed by exposure to certain elements,
such as heat.

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However, the FBI Lab found small particles of mica on much of
Foster's clothing, including his shoes. This mica is consistent
with the soil found in the area where Foster's body was found.


I. Search For Additional Evidence In Fort Marcy Park

On April 4, 1994, sixteen individuals from the FBI Lab
went to Fort Marcy Park to conduct a search in the area where
Foster's body was found. * The purpose of the search was to attempt
to find a bullet, bone fragments from Foster's skull, the presence
of blood in the soil beneath the location of Foster's body when
found, and any other evidence relevant to Foster's death.
In an attempt to locate a bullet, FBI Lab personnel
surveyed and marked out a grid in what the FBI Lab determined was
the most likely area for the bullet to have landed after passing
through Foster's skull. This area was systematically searched
using metal detectors. Twelve modern-day bullets were collected
during the search and returned to the FBI Lab for analysis. The
FBI Lab has determined that none of the bullets found were fired
from Foster's gun. **
The area immediately beneath where Foster's body was found
was searched by digging and hand sifting the soil and other debris.


* Also present were representatives from the National Park
Service and a representative from the Smithsonian Institution.

** In addition to the bullets, a number of cartridges and shell
casings were found. The Lab determined that none of these items
was fired in Foster's gun. Numerous Civil War artifacts were also
found during the search, including ammunition, nails, horseshoes,
a military button and other metal obj ects. These items were turned
over to the National Park Service. An index of these items is
attached as Exhibit 9.

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FBI Lab personnel excavated to a depth of approximately eighteen
inches, searching the soil through various screening methods. No
bone fragments or bullets were found.

ANALYSIS
A. Analysis And Conclusions Of Forensic Pathology Panel
Four experts in the field of forensic pathology reviewed
and analyzed the evidence obtained during the course of this
investigation. Each member of the Pathologist Panel was provided
unrestricted access to the FBI Lab Reports ; the reports of all
interviews conducted during the course of the investigation ; the
report issued by the Park Police following its investigation ; the
autopsy report ; all photographs taken at the scene of Foster's
death and during the autopsy,. and microscopic slides containing
portions of Foster's soft palate obtained during the autopsy. In
addition, the Pathologist Panel discussed the evidence with members
of this Office, the FBI investigating agents, and FBI Lab
personnel. Two members of the Panel met with the Medical Examiner,
Dr. Beyer.
After reviewing and analyz ing the evidence, the
Pathologist Panel issued a report stating its conclusions and
summarizing the bases for its conclusions. The Panel concluded the
following :
1 ) The bullet wound to Foster's head and
brain caused his death ;

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2 ) The bullet traveled through the soft
palate, entered the cranial cavity,
significantly damaged the left side of the
brainstem and the left cerebral hemisphere of
the brain and exited from the center of the
back of the head;

3 ) The wound caused instantaneous complete
incapacitation, followed by clinical death
within a matter of minutes ;

4 ) The wound was self-inflicted, resulting
from Foster placing the barrel of the gun into
his mouth and firing it ; and

5 ) Foster shot himself where he was found in
Fort Marcy Park.

The Pathologist Report states that these conclusions were arrived
at separately and independently by each member of the Panel .


1. Basis for conclusion that death was a suicide

The Pathologist Panel found the evidence in this case
"typical and characteristic of such findings in deaths due to
intentional self-inflicted intraoral gunshot wounds." Pathologist
Report , = 1 . Physical evidence examined by the Pathologist Panel
establishes that the gun was fired while in Foster's mouth .
Microscopic slides taken during Foster's autopsy reveal a large
quantity of gunpowder residue on the soft palate , indicating " that
Mr . Foster placed the barrel of the weapon into his mouth with the
muzzle essentially in contact with the soft palate when he pulled
the trigger." Pathologist Report, = 1.
The Panel also relied on the FBi Lab's finding that the
DNA in Foster's blood sample was the same type as DNA found near
the muzzle of the gun . This indicates that cellular material from
Foster's body likely came into contact with the barrel of the gun .


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Logically, this material is either blood or saliva from Foster's
mouth.
The condition of Foster's body indicates that Foster
voluntarily placed the gun in his mouth. The evidence is
inconsistent with someone having forced the gun into his mouth. No
broken teeth or other trauma to Foster's body were discovered
during the autopsy, and there was no sign of a struggle. It is
highly unlikely that someone could have : forced a gun into the mouth
of a man of Foster's size (six feet, four and one-half inches in
height and 197 pounds in weight ) without a struggle that would have
resulted in Foster sustaining some other detectable inj ury. Nor
was there any evidence that he was incapacitated by drug or
alcohol.
The physical evidence also demonstrates that Foster
himself pulled the trigger. An autopsy photograph depicts a mark
on Foster's right thumb consistent with the recoil of the trigger
after firing. Based on the existence of this mark and Park Police
scene photographs showing the position of the gun, the Pathologist
Panel concluded that after Foster fired the gun, his " right thumb
was trapped and compressed between the trigger and the front of the
trigger guard. " Pathologist Report, = 8.
Moreover, the photographs reveal and the autopsy confirms
that there was gunpowder on the portion of Foster's right index
finger facing his thumb and in the web area between the index
finger and the thumb. Dr. Beyer, the Medical Examiner, also noted
a lesser amount of gunpowder on Foster's left index finger. The
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gap between the cylinder and the frame of the gun is the logical
source for this gunpowder because the muzzle of the gun was in
Foster's mouth when it was fired. As a result, the Pathologist
Panel concluded " that Mr. Foster's index fingers were in the
vicinity of the cylinder gap when the weapon was fired. "
Pathologist Report = 8.
Finally, the Panel was provided with summaries of
interviews with Foster's family and : friends during which they
described Foster's depressed state prior to his death. The
Pathologist Report notes that information that Foster took an anti-
depressant prior to his death is corroborated by the finding of a
trace amount of trazadone, an anti -depressant, identified in
Foster's blood.
2. Basis for conclusion that death
occurred in Fort Marcy Park
The Panel concluded that the condition of Foster's body
and clothing at the time he was found precludes his having been
moved to Fort Marcy Park from another location following his death.
The photographs taken of the body in Fort Marcy Park show modest
amounts of blood on his face and clothing. The blood visible on
his clothing was limited to a small area on the right shoulder of
his shirt, which is consistent with Foster having committed suicide
where the body was found. The Panel determined that
" [s] ubstantially greater contamination of skin surfaces and
clothing by spilled and/ or smeared blood would have been
unavoidable, had the body been transported postmortem to the place
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where it was found. " Pathologist Report, = 3. The extensive blood
loss that occurred after Foster's body was moved from the park
confirms that finding.
Foster's body was positioned on a steep slope, with his
head near the top of the berm and his legs extended down the hill.
As a result, when his heart stopped beating, gravity permitted the
settling of blood into the lower portions of his body rather than
out of the wound in his head. Once the body was laid flat in the
body bag for transportation to the morgue, substantial blood loss
did occur. Foster's shirt and undershirt were completely saturated
with blood when removed from his body before the autopsy. His face
and head were also contaminated with additional amounts of blood,
as shown in pre - autopsy photographs. Had the body been moved to
Fort Marcy Park after his death, the Park Police would have found
Foster's body and clothing far more bloodied than they were at the
scene.
B. Analysis Of Issues Raised On Circumstances Of Foster's Death
A number of issues have been raised regarding the
circumstances of Foster's death. Many of these question the Park
Police conclusion that Foster committed suicide in Fort Marcy Park.
In this section of the Report we will address those issues.
Although it is not possible to provide a definitive response to
each of the questions or theories posed, none present circumstances
inconsistent with the conclusion that Foster committed suicide in
Fort Marcy Park.

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1. Why wasn't there more blood on and around Foster's body?

When the Park Police and EMS personnel found Foster's body
in Fort Marcy Park, relatively little blood was visible. However,
members of the Park Police who were present when Foster's body was
rolled over observed a fairly large pool of blood on the ground
where his head had been and further noted that the upper portion of
the back of Foster's shirt was blood- soaked. The Pathologists,
Report provides further explanation for : the limited amount of blood
observed at the scene :

[A]ny relative lack of extravasated blood can
be readily explained by the position of the
body on the steeply incl ined slope, with blood
settling postmortem to the dependent portions
of the body, i. e., below the level of the head
wounds and by the prompt cessation of
cardiovascular activity incident to the bullet
wound injury of the brainstem.

Pathologist Report, = 6.

After Foster's body was placed into the body bag and his
body laid flat, some of the blood that had settled in the lower
part of his body then flowed out, causing significant additional
bloodstaining on his clothes and face.


2. Why were Foster's hands found lying neatly at his side?

The final position of Foster's body is explained by his
likely position when he fired the gun. The Pathologist Report
concludes that Foster was seated at the time he pulled the
trigger. * If Foster were lying down, it is likely that the bullet



* This conclusion is buttressed by the observation of a root
pattern at the location of Foster's death which forms a natural
seat a few feet down the slope of the berm.

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would have been recovered in the soil beneath his head. If Foster
was standing up, " he would not have ended up in the orderly
position in which he was found. " Pathologist Report, = 6.
If Foster were seated, however, the position of the body
was as would be expected following the loss of all motor function
caused by bullet -generated trauma to the brainstem. The
Pathologist Report concluded that " [a] fter firing the weapon,
because of the sloped terrain, he would have fallen backward, with
his arms falling to their respective sides by gravity, aided on the
right by the weight of the revolver affixed to his thumb. "
Pathologist Report, = 6.
3. Why was the gun still in Foster's hand?
After firing, the trigger of Foster's gun rebounds
forward. Based on an analysis of scene photographs and an autopsy
photograph showing a mark on Foster's right thumb, the Pathologist
Panel and FBI ballistic experts concluded that Foster's thumb was
" trapped and compressed" between the trigger and the trigger guard
of the gun. Pathologist Report, = 8. This conclusion is
corroborated by the statement of Park Police Technician Peter
Simonello who removed the gun from Foster's hand. He stated that
Foster's knuckle initially prevented him from removing the gun from
Foster's hand. As a result, Simonello half cocked the gun causing
the trigger to be pulled back. Only then could Simonello remove
the gun.


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afternoon. Second, records obtained through the security guards at
the Saudi residence show that construction work involving large
vehicles and heavy machinery was occurring at the residence on the
date of Foster's death. In addit ion, the sound of the shot would
have been further muffled by Foster shooting the gun inside his
mouth and by the Park's dense summer foliage.
6. Why was no bullet found?
The FBI Lab's search for the : bullet focused on the most
likely area for the bullet to have come to rest based upon certain
assumptions of Foster's position when the gun was fired. Given the
available information, however, it is impossible to determine where
the bullet landed. For example, there is no information on the
precise angle of Foster's head when the gun was fired. It is also
impossible to predict to what degree the speed or traj ectory of the
bullet might have changed upon passing through his skull. It would
have been enormously time-consuming, costly, and in all likelihood
unproductive, to have searched the entire Park for the bullet.
7. Why was no dirt found on Foster's shoes?
The FBI Lab did find mica particles on Foster's shoes and
socks. These mica particles are consistent with the mica that is
found at Fort Marcy Park. It was approximately 90 degrees
Fahrenheit and dry on the day that Foster died. Foliage leading up
to and around Foster's body was dense. As a result, it is unlikely
that there was a great deal of exposed moist soil in the Park that
would have soiled Foster's shoes.
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8. Why were there no powder burns inside Foster's mouth?
The Pathologist Panel was able to examine microscopic
sections of Foster's soft palate obtained during the autopsy.
These sections reveal large quantities of gunpowder indicating that
the muzzle of the gun was inside Foster's mouth when he pulled the
trigger. The Panel did not observe any burns caused by the muzzle
blast, but added that such burns would not necessarily be expected
under these circumstances. :
9. Why was there no gunpowder on Foster's. face ?
The question of whether there was gunpowder on Foster's
face remains unresolved. The scene and autopsy photographs show
scattered " stippled material " on Foster's face. This material was
not examined during the autopsy. It is uncertain whether this
" stippled material " represents "gunpowder residue, blood spatter,
or some other foreign material.... " Pathologist Report = 8.
10. Why didn't CW see a gun in Foster's hand?
CW has stated that he viewed Foster's body from the top
of the berm. He did not move down the berm to view the body from
the side. CW has further stated that the natural foliage in the
area made it difficult to see Foster's hands. In addition to the
foliage, photographs taken at the scene show that Foster's right
hand and leg obscured a large portion of the gun.
Observations of Park Police officers who also viewed the
body from the top of the berm confirm that it was difficult to see
the gun from that position. Officer Kevin Fornshill stated that he
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was unable to see a gun in Foster's hand while viewing the body
from the top of the berm due to the dense vegetation around
Foster's body. He stated that he could not see the gun even when
it was specifically referred to by a medic from Fairfax County EMS,
who was positioned next to the body. Similarly, Ralph Pisani, a
technician with Fairfax County EMS, was positioned about fifteen
feet from the body at the top of the berm when he asked a colleague
where the gun was. Even after he was told that the gun was in
Foster's right hand, he was unable to see it from his position.


CONCLUSION
This Report does not purport to provide definitive answers
to all questions surrounding Vincent Foster's death. Obviously, it
is impossible to completely understand how or why he came to the
point at which he decided to take his own life.
The overwhelming weight of the evidence compels the
conclusion, however, that Vincent Foster committed suicide in Fort
Marcy Park on July 20, 1993. Although the contributing factors to
his depressed state can never be precisely determined, there is no
evidence that any issues related to Whitewater, Madison Guaranty or
CMS played any part in his suicide.




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