-Caveat Lector-
NewsMax
Government Concedes 'Mistakes' on Vince Foster's Death
Wes Vernon Friday, Aug. 17, 2001
WASHINGTON - The government is now saying discrepancies in testimony of
witnesses in the murder of Vince Foster were merely "mistakes."
"It is not a crime to make a mistake," declared Karl N. Gellert,
associate independent counsel in a federal court session considering
Accuracy in Media's lawsuit against the Office of Independent Counsel.
The group charges the office of former Independent Counsel Ken Starr of
criminal activity and cover-up in the murder of Clinton White House aide
Vincent Foster in 1993. The death was officially ruled a suicide.
"What Mr. Clarke [AIM counsel John Clarke] has to prove is that when we
or our witnesses made mistakes, we did so with criminal intent, knowing
it was false," Gellert told Judge Ellen Huvelle on Thursday.
One of those "mistakes," Clarke recalled in an interview with NewsMax.com,
was locating the service records for the X-ray machines used by Dr. James
C. Beyer, the medical examiner for northern Virginia.
He found an exit bullet wound that had not been detected by anyone else who
had examined the dead Foster's head. The bullet has never been
found.
The absence of an exit wound, of course, presents difficulties in making
the case that Foster shot himself at short range. A high-velocity .38
bullet would not only exit Foster's head, but would not have exited the
head 4-1/2 inches above where it entered. No plausible explanation has
been given for this by any medical examiner.
What should settle the matter are the X-rays that any medical examiner
would take.
First, Beyer said the X-rays showed no bullet fragments in the skull.
Later, he told the FBI there were no X-rays. He said he had checked "Yes"
to signify that he took the X-rays because he intended to take them, but
the machine malfunctioned.
Later, he testified before a Senate committee that he had no X-rays for the
July time period in question.
"A deliberately deceptive response" is the verdict of AIM, noting the
"multi-thousand-dollar" X-ray machine was newly installed "in June, around
30 days before Foster's autopsy. The first call for service on the machine
was made on October 29. But getting this information from the OIC was like
pulling eyeteeth," Clarke told us. That information was presented to the
court.
Gellert told Judge Nuvelle, in effect, that AIM's position was that
everyone who changed his story was a criminal.
"We're not saying that any of those witnesses were criminals or that any
of these witnesses were involved in these various activities," Clarke told
NewsMax.com after the hearing. "What we're saying is that the FBI is the
one who changed the witness statements."
Among the examples cited by Clarke: one witness "who says he was leaned on
for four hours to change his story. Finally, he wanted to get on with his
life," so he said to the FBI agents, "What do you want me to say?" They
told him to say he could have been mistaken. At which point, the witness,
one of the paramedics originally called to the scene, finally said, "Okay,
I could have been mistaken."
Arthur said he had doubts that Foster had killed himself, saying the body
was "coffin-like" as if it had been placed there by someone else.
It would be hard to find a suicide case that lies down neatly after
shooting himself.
"So it wasn't Richard Arthur, the witness, who was nefarious or doing
anything wrong," said Clarke during the interview. "It was the FBI agents
detailed to the independent counsel's probe."
The best-seller by NewsMax.com CEO Christopher Ruddy also figured in the
courtroom arguments.
Clarke alluded to the official finding that Foster had shot himself from
the awkward and unlikely position of wrapping his hand around the barrel
and cylinder gap and pushing the trigger with his right finger.
"That's what Christopher Ruddy says we said in his book, 'The Strange Death
of Vincent Foster,'" Gellert exclaimed, "but that's not what we said at
all."
"Absolutely incorrect by the defendant, absolutely correct by Ruddy,"
Clarke told NewsMax. "And Gellert to claim not to have known that -
It's just ridiculous.
"I do know the FBI said he held the weapon that way, and it's really been
the long-standing conclusion. It would be very uncomfortable. In fact,
impossible."
He cited other areas where the OIC's lead counsel in the case appeared to
be short on basic knowledge. Clarke recalled that Gellert acknowledged in
open court not knowing the difference between the posterior oropharnyx (the
rear wall of the throat) and the soft palate (the roof of the mouth). "You
don't need a rocket scientist or even an expert to tell the difference,"
Clarke said.
Reading between the lines, Judge Nuvelle seemed to be saying at the end of
Clarke's presentation that it is bizarre that Sgt. Bob Edwards of the Park
Police, medical examiner Dr. Beyer and FBI personnel - all of whom did not
know each other beforehand - would be involved in a cover-up.
"She did say that, and what we said was that Dr. Beyer was involved in the
cover-up, the FBI was involved in the cover-up, and one Park police
officer. That's two individuals and the FBI. We're making that charge,
sure."
The AIM attorney noted this was not the first murder investigation that
Beyer had badly mangled. He had also tried to cover up the murder of a
Drug Enforcement Administration undercover agent several years ago. It
ended up that "suicide" was a case of assault and murder.
At the end of the day, Judge Nuvelle asked for documents to be precisely
categorized within two weeks.
Clarke thinks there will not be another hearing, that the judge will
rule based on what is filed.
It was then-President Bill Clinton who appointed Judge Nuvelle to the
bench.
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FROM THE DESK OF:
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The Best Way To Destroy Enemies Is To Change Them To Friends
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