Tuesday, July 20, 1993, was a clear day with afternoon temperatures in the high nineties [1459]. There had been no significant rain for several weeks [386]. The trees and bushes at FMP were, of course, fully leafed-out and visibility was much lower than in the winter and early spring months for that reason. The sun set that evening around 2030.
Witnesses See A Car Similar To VWF's Honda Turn Into FMP
A motorist traveling northwest on the GWMP saw a Japanese car, occupied by a lone white male, swerve into Fort Marcy Park between 1445 and 1500 on the afternoon of July 20th [202,1528,2145], cutting sharply from the left lane across the right lane and taking the FMP exit off the GWMP. The witness thought the car's license plate might have been an AR plate, but there is some uncertainty on that score [203].
Another man drove into the FMP Parking lot between 1615 and 1630 in a Thrifty Rental Vehicle and noticed an unoccupied brown Japanese made car with AR license plates parked in the lot, but when he was later showed photographs of VWF's Honda, he thought the car in the parking lot was somewhat smaller and darker in color, according to his FBI interview [203,1525,1631].
Interestingly enough, no physical description of the Thrifty Rental vehicle appears in the record, making it unnecessarily difficult to reconcile witnesses' descriptions of various cars in and near the FMP parking lot. This was a needless omission in the record since the Thrifty Rental driver could obviously have given a description of his own vehicle to his FBI interviewer. Presumably, the vehicle he saw was VWF's Honda, unless for some reason, another auto with AR plates was in the parking lot that afternoon.
The vehicle he described was parked in one of the first spaces on the left-hand side of the lot [the location in which VWF's Honda was found by the USPP] and had a man's suit jacket folded over [not "on"] the passenger seat (as did VWF's Honda) [203]. See the Comment immediately following the Table of Civilian Vehicles in the FMP parking lot and their estimated arrival and departure times [Appendix V].
The Discovery of VWF's Body By The Confidential Witness
VWF's body was discovered in FMP at about 1745 by CW, a male witness who knew the park well and who requested that his identity be kept confidential. In contrast to the detailed personal identity data on many other witnesses casually revealed in the record, CW is not named or otherwise indirectly specifically identified therein. CW described a light-colored Japanese make car parked in the second or third slot on the left as he drove into the parking lot from the GWMP in his construction van [see Map V (R)].
In an FBI interview, CW described VWF's car as a "light tan or light brown Japanese vehicle [1544]." The only other car in the lot was described by CW as a white Honda Accord parked near the rear (far end as one drives in) of the lot [204]. The former [sic] car was apparently VWF's Honda and the latter was apparently the white Nissan with MD plates, according to the consensus in the official Reports.
CW said he turned into FMP off the GWMP because he had been drinking a lot of coffee [1515] and he badly needed to urinate. Having seen the two vehicles in the parking lot, he decided to walk some 750 feet to the northwestern corner of the earth-walled Fort, to a spot near the so-called second cannon to ensure his privacy.
This explanation for his long stroll from the parking lot is difficult to believe if CW were truly in extremis from having drunk a lot of coffee!
While standing on the top of the northern end of the western berm of the Fort and some 15-20 feet to the right (e.g., to the north) of the second cannon [see Map V (R)], CW noticed what he soon determined was a body below and to his left, the head just visible (thanks to CW's elevated position at the top of the berm) over the top of the earthen berm in front of the second cannon [205,2663].
The berm is sloped roughly 45 degrees (shallower in parts) and is some 20-25 feet in length [207]. VWF was lying on his back on the western slope of the western berm, very neatly laid out, with his arms straight down at his sides and with both palms up [1461], according to CW.
The body was bloating, there were "traces" of dried blood around the nostrils and mouth, and flies were crawling over those parts of the body [1461,1517], but CW did not recall seeing any blood or traces of dried blood running down the left or right side of the face [1517], nor did he observe any blood or dried blood on the shirt.
This description contrasts sharply with the statements of the first officials to reach the body, which in turn do not jibe with the photos taken of the deceased's face taken at the death scene (see Comments below).
CW Sees Very Little Blood, And What He Does See Has Completely Dried
In a deposition, CW stated, "I saw blood traces on his nose and around his lips. There was not streams of blood on the side of his face. There was not trickles of blood as indicated in the [Fiske] report. . . I didn't see any signs of a gunshot on his shirt or clothes. . . There was no gun in his hand. His -- both palms were face up, thumbs out to the side [2660]."
As to the small amount of blood that was seen by CW, "The blood was dried hard and black [2665]." A bit later in his deposition, in response to a question, CW confirmed that what little blood he did see (on the nostrils and lips) was "hard and black [2665]."
Later witnesses in general not only saw more blood, but the blood they did see was not as dry and hard like that described by CW.
Although the EMS and USPP personnel in the park who arrived at the body roughly 25 minutes after CW were generally surprised at the lack of blood coming from VWF's wound, given he had been shot in the mouth point blank with a Colt Army .38 Special (see Comment below), it is clear that CW saw even less blood on VWF's face and upper torso than did the first few EMS and USPP personnel to come upon the body.
A possible explanation for these two related observations (the greater amount of blood seen later on (whether that blood was dry or not) and that less blood in general was seen than expected) would be: 1) the body was shifted in place or even moved bodily after CW saw it, causing more (and fresher) blood to appear and 2) for some reason the .38 Special that was found with the body did much less damage than would normally have been expected from a point blank shot to the mouth from that particular weapon and cartridge combination.
The only medical doctor to examine the body in place thought the wound to VWF's head was caused by a "low velocity weapon (see the sub-heading, "More On The Nature Of VWF's Head Wound" below). The official record rejects the first possibility described above and simply ignores the doctor's statement. Why?
The Fiske Report Versus CW: The Gun and The Position of VWF's Palms
The right shoulder of VWF's shirt had a light purple-colored stain on it and there was a wine cooler bottle a couple of feet away from the body on the right, according to CW. CW did not see a gun in either of VWF's hands. According to one interview, "Witness was emphatic, saying he had spent several minutes observing the body closely and there was absolutely no firearm there [1462]." CW confirmed the lack of a firearm multiple times in this interview.
However, the Fiske Report records that CW said "There could have been a gun in the man's [VWF's] hand that he [CW] did not see [205]."
The "could have been" wording in the Fiske Report is based upon numerous FBI attempts to have CW concede he might possibly have missed seeing the gun since it was largely covered by the right hand. CW agreed that was conceivably possible, though he did not understand how this could be so, and therefore asked the FBI to show him its photo of the gun hand to illustrate what the FBI had in mind. The FBI refused to do so despite several requests by CW [2661].
The Fiske Report quotation and CW's own statements are thus in conflict as to whether CW thought there could have been a gun in VWF's right hand that, for whatever reason, CW did not see. CW is quite clear that he saw no gun.
How Sure Was CW That There Was No Gun And That VWF's Palms Were Up?
To understand why this is an important issue, see a black and white photocopy of the image of a color photo leaked to ABC News in Appendix III. The picture shows the gun with the gun hand palm down and the gun partially underneath the hand, but clearly visible. The gun is even more distinct in the original color image.
During a subsequent deposition, when CW was handed this photo of the hand with the gun in it for the first time [the FBI having refused to show it to him during its prior interrogations], CW said, describing what his reaction would have been if the FBI had originally shown the photo to him, ". . . I would have probably been -- know I would have been screaming. . . . That is not a picture of what I saw. The man's palms were straight up. . . The man's hands were against his leg [2661]."
Q: "How sure are you that the palms were up?" A: "As sure as I am standing right here. I am absolutely and totally unequivocally, the palms were up. I looked at both palms. There was nothing in his hands. I didn't look at one and assume the other. I looked at both of them [2666]."
The author interprets these comments to mean that CW's belief that the palms were up and there was no gun are strongly held! This question will be revisited herein once the USPP and FCFRD personnel appear on the scene. What CW saw will be then be contrasted to what the officials' reports say they saw.
The Fiske Report and CW's deposition [this one taken on July 28, 1994, after the Fiske Report was issued and in response to its contents] are thus in conflict as to whether CW thought there could have been a gun in VWF's right hand that, for whatever reason, CW did not see. How can this discrepancy be explained?
According to CW's deposition, the FBI ". . .led me to believe that the hands were up [CW agreed with that] and the gun was concealed on the other side [2662]." However, the FBI would not show CW the picture of the gun in VWF's right hand at FMP (the photo showed the right hand palm down, hence CW's comment above that he would have been screaming. . . if the FBI had showed him the picture [see Appendix III] during the numerous occasions the interviewers attempted to get CW to agree it was conceivable he missed seeing the gun).
CW Sees The Path Is Trampled Beginning Immediately Down Slope From VWF's Body
CW stated he never touched the body [205]. CW also told the FBI that VWF's were palm up [1517]. What else did he tell the FBI? CW said that the foliage below the body had been "trampled down as if the individual might have been walking or pacing in that area [2664]."
But not only was the berm the body was lying on trampled directly immediately down slope from the body. According to CW:
Below this man's feet all the way down into the bottom of the ditch, approximately ten feet or better up the berm on the other side, over the hill to the walking trail everything had been trampled completely flat like the man had walked back and forth at least a dozen times or better. It was at least 24, maybe 30 inches wide that everything was trampled completely flat. Every twig, every leaf [2664].
Could this trampling have represented evidence of the "passage" of a dead or unconscious VWF down the shallow grade opposite the berm, then up the berm itself? Only two significant berms remain at FMP, the southern and western berms of the fort.
This possibility was not explored by the Reports, despite evidence that there were people at FMP that afternoon "working on the trails" [918] at the time the FCFRD and USPP officials responded to the 911 calls, individuals who were never interrogated or even specifically identified. There was a general reason for doing so: they were in the park around the time USPP Fornshill reached the body. More specifically: they might have been able to shed some light why the trail down the berm and up the adjacent slope from the body had the appearance of having been recently disturbed (the "volunteers" were working on the FMP trails, after all). Could some of these "volunteers" have done the "trampling" seen by CW?
For reasons unknown, none of CW's comments about the trampled vegetation below the body and up the opposite slope was included in the Fiske Report. This is an example of the Fiske's Report's selectivity that is apparent when the Fiske Report itself is contrasted with the raw data in the underlying witness statements.
"All the evidence that fits is printed?" "When the data contradicts what we want to say, we say it anyway?" Remember the weight loss issue? [Apologies -- the author had a weak moment there.]
In his deposition, CW had something to say about the omission by the Fiske Report of CW's statements about the trampled trail below the body: "The agents had known about this and known about this. Nothing in that report [the Fiske Report]. I don't know. I don't know. Did it disappear or what happened [2664]?"
CW was asked to confirm that he told the FBI agents assigned to the Fiske OIC about the trampling when they interviewed him on several occasions. "Oh, I told them numerous times [2664]. . . A minimum of three. Once here and twice at the site with them."
However, USPP Investigator Rolla volunteered in his deposition when he was asked if he had seen any signs that the body had been dragged to the site from the parking lot: "There's not any. . . heavy trampling around the body [386]." Rolla and CW clearly disagree. The Fiske Report apparently decided to concur with Rolla since the trampling is not even mentioned in the Report. There is other evidence in this report that the body was moved bodily (or at least shifted in place) between the time CW first saw it and its discovery by USPP Fornshill. Though not absolutely conclusive, the Fiske Report ignored all witness statements or lab report data that suggested the body was moved.
CW Did Not See The Body Immediately When He First Stood Near It
CW did not know the object he had noticed on the berm slope was actually a human body until after he had finished urinating, walked over to it, and determined exactly what it was. He then stared at the body for two or three minutes from a position leaning directly over it as he stood just up-slope of the head. As he had started to go back to his van, he had seen what he thought was a bit of trash near the top of the berm to his left, crossed over to see what it was, and found the body. It was only then that he realized what he had seen [2666].
Thus, if other persons just happened to have been in the vicinity of the body when CW first appeared, off to the north on top of the western berm, they would have had a number of seconds to conceal themselves from CW (in plain view as he was, standing on top of the berm, some 15-20 feet to the north of the cannon, taking care of business (probably looking down, as it were!), the dense vegetation shielding anyone further down the berm and to his left from his view), before he ambled over to ascertain just what it was that he had noticed on the berm slope.
CW Returns To His Van In The FMP Parking Lot And Drives Away
CW passed the Honda in the FMP parking lot on his return from the body site. He saw a gray suit jacket that matched the suit pants on the body tossed over the back of the front passenger seat [1463]. CW, as do some others who saw the Honda early on at FMP, states that the jacket was not on the front passenger seat, but was hanging from (or over) the back of the passenger seat [1511, 1515].
CW believes he saw a briefcase on the passenger floor of the Honda [1463,1518], but he is certain there was a wine cooler four-pack on the passenger seat floor [R11,2666].
The question whether VWF's Honda contained a now-unaccounted-for briefcase will be returned to later in this report.
There is some question whether CW confused the White Nissan (the other civilian vehicle officially in the lot at the time) with the Honda. The male half of the couple that drove to FMP in the Nissan stated that to the best of his recollection there was a bottle of beer and a wine cooler bottle in the Nissan [1469] and a high probability that he had left his blue blazer on the back seat of the Nissan. His briefcase was likely on the rear seat of the Nissan, he said.
Regarding whether the suit jacket he saw was in VWF's Honda (as opposed to the Nissan with MD plates), CW stated in a deposition "I thought sure that was his [VWF's] car since the jacket was so similar to the pants he had on [2665]." Asked if he was sure the jacket matched the pants, CW replied "Exactly." [Per the Clinger Report (pg. 5) there was no jacket in the other civilian vehicle.]
The color, placement, and style of the jacket, the fact that CW identified the vehicle as a Honda, the fact that CW says he saw a wine cooler four-pack on the passenger seat floor (as opposed to a wine cooler bottle and a beer bottle somewhere else in the vehicle), and the fact that CW believed the briefcase was on the floor of the front passenger seat, not the rear seat, all reinforce the likelihood that CW was indeed describing VWF's car.
The female driver of the Nissan confirmed her male companion's statement to the FBI that any wine coolers in her car were not in a four-pack or a six pack, but loose [1472]. Whether CW was describing the Honda or the Nissan is, however, not entirely free from doubt [1511].
Note that the FBI interview with CW has him going into the fort itself via the path at the far end of the lot (the northerly end, near the white Nissan) and returning via the same route [1518; see also 1610], whereas Liddy's FBI interview has CW returning to his van via a separate route [1511]. It is not known from the record whether these two "routes" refer to the two ends of the path that arcs from one end of the north side of the lot to the other [see Map V (R)] or to two totally separate routes to and from the body.
There are no paths that lead to the body from the parking lot. The "trail" or "path" that was under or near the body to which many witnesses at FMP referred is a short pathway down the western berm headed away from the barrel of the second cannon (headed west) and extending perhaps few yards up the much shallower opposite slope before quickly fading away in the woods.
The path near the parking lot forms a semi-circle (each "end" starting at a different "end" of the parking lot) just to the northwest of the parking lot. There is no path encountered when one enters the first open grassy area in the center of the old fort [observation of author June 1995 and confirmed by the configuration of this path on aerial imagery flown on April 7, 1993; see Map V (R).
CW had parked his construction van between the two other vehicles in the parking lot (The Honda and the Nissan. There is only one row of slots, on the left as one drives into the lot, with spaces for 21 vehicles). As he faced the northwest, standing by his van, the path entering the northern half of the park (where the earthen-walled fort itself is located) on his left would have taken him past VWF's Honda and the path entering the northern half of the park on his right would have taken him past the Nissan.
On the return to his van from the body site near the second cannon, CW says he passed by the vehicle at the end of the lot (which CW termed a Honda but, if at the northern end of the lot, was the Nissan). CW had gone into the fort via a different route. It is possible that CW passed VWF's car one time, the Nissan the other time, and confused the two vehicles and their contents. CW apparently traced his route in the park to and from the body on a sketch map he gave to talk show personality G. Gordon Liddy that is not part of the record. Access to the map of the routes taken by CW might clear up this ambiguity [1460-1463].
Why Did CW Wait Until March Of 1994 To Come Forward?
CW was interviewed by G. Gordon Liddy, the radio show talk personality, on March 22, 1994 [1459], after deciding to contact Liddy and insisting his identity be kept secret. CW decided to come forward because the stories he had been reading in the press (that CW had assumed were true) about the discovery of VWF's body were "not right" [1464].
In the words of Liddy's interview with the FBI, CW expressed to Liddy "a fear of some type of retaliation if his identity is surfaced, based primarily on observations that neither of Mr. Foster's hands held a gun at the time and location of his sighting by this witness [1509]."
CW's concern about the body's location is unexpected and remains unexplained to this day since the Fiske Report, issued some eleven months after the death of VWF, and three months after CW first came forward, concluded that the body was clearly at the location described by CW. Did CW make a mistake about one of the reasons why he should be afraid? CW was never asked to clarify this point. What is the implication if CW was not mistaken in his reasoning that the location he reported for the body could cause severe problems for him?
CW told the FBI that one specific reason he came forward when he did was that he had recently read and heard reports in the media that the two Park Service maintenance employees whom he asked to call 911 from the US Park Service's Turkey Run maintenance yard (see the sub-heading, "The 911 Calls" below) had retracted their story about the "man in the white van" (CW) [1519,2663-2664], and were now claiming they were the ones who had found the body. CW was concerned that something very persuasive had caused these two civil servants to alter their previous statements about CW, his white van, and the provenance of the 911 calls.
If it is assumed that these press reports were indeed accurate, what motivated these two workers to change their story and deny that CW and his van ever existed, saying instead that they had found the body? Why were these individuals never questioned about the truth of these news accounts? Whether the news accounts were true or not, they had the effect of causing CW to come forward since he believed them.
Statement Of The Lady Who Drove Her White Nissan With Maryland Plates To FMP
This individual was the female half of a couple that was first interviewed at FMP by USPP Officer Spetz and then by two USPP Investigators. Spetz passed the basic information to Investigator Braun when Braun arrived at FMP with Investigators Rolla and Apt [498,522]. This couple were the only civilians interviewed at the scene the day of VWF's death [507] and the occupants of the only car (that is, excepting VWF's Honda) that was officially in the parking lot when the first wave of USPP officers and FCFRD personnel arrived about 1811. Braun didn't think this couple was able to provide much information [523], but that was not the case. Readers should evaluate carefully what these witnesses said and decide whether they did not provide "much information."
This female witness to the "traffic" in the FMP parking lot and her male companion drove to FMP in her Nissan, arriving at 1715 plus or minus fifteen minutes (depending on whether the male's or the female's estimate of the arrival time is used) [1470]. She told the FBI that the only vehicle in the lot when they arrived was
A relatively old (mid-1980s) Honda, possibly a Honda Accord, either tan or dark in color, parked close to the entry of the parking lot, adjacent to a path leading to the northern section of the park. [She] believed this particular Honda was parked with the front of the vehicle facing the park area [meaning the fort itself] and to the best of her recollection believes a white male was seated in the driver's seat of this particular vehicle. . . she believed the occupant had dark hair and could have been bare-chested [1470].
Based on this detailed description and the fact that the official Reports indicate there were only two vehicles in the parking lot when the EMS vehicles arrived at 1810, it is quite likely that this witness is describing VWF's Honda. It is extremely unlikely that the individual she described was VWF.
What is going on in the Fort Marcy parking lot about a half hour before CW discovered VWF's body, where is VWF, and who is sitting in his Honda?
The male companion of the Nissan driver also noticed just one other vehicle in the lot around 1725 (which he described as "a small station wagon or hatchback, brown in color" [1474] [words of his FBI interview]: "The hood of the vehicle was up and a white male was standing in the vicinity of the vehicle. He described the white male as in his mid- to late-40's, approximately six feet in height, medium build, long blond hair and beard, appeared unclean and unkempt."
After he and his female companion had sat in her Nissan for about 15 minutes [1475], during which time they saw the two described individuals in and near VWF's Honda, they left the Nissan and took a path leading southeasterly from the northern end of the parking lot. The brown or tan car was still parked in the same place at the time they started on their walk (at 1730 plus or minus fifteen minutes, depending on whether the female's or the male's estimate of their arrival time in the FMP parking lot is used). Where is VWF and who are these people fooling around with his car? The Reports do not say. Nor do they even comment on these unsavory-looking individuals.
That is not quite true. There is an indirect official comment regarding these two individuals. The Fiske Report [210] states: [Referring to the couple who drove to FMP in the Nissan] "Neither individual heard a gunshot while in the park or saw anything unusual." The author believes the two people in and around VWF's Honda should count as something "unusual." The USPP Report reads as if these individuals were not associated with VWF's Honda, but with other vehicle(s) that came and left while the Nissan couple were in the parking lot. [However, Fiske had access to the FBI interview of the female Nissan owner in which she "corrected" what had been written down when she was interviewed by the USPP at Fort Marcy Park on July 20, 1993.]
It is also noteworthy that, when the FBI showed the female witness a copy of her interview with the USPP, she stated to the FBI that she is positive her comments in that interview report concerning a light-colored older model car pulling in next to the Honda were not true [1472]. She confirmed there was no vehicle between her vehicle and the Honda except an unrelated white van or truck (see Table of Civilian Vehicles in Appendix V) whose occupant stopped to dump trash and left soon after.
The reader is also reminded of Investigator Braun's statement (at the beginning of this Comment) that this couple was not able to provide much information. They certainly did not provide much information that became part of the official Reports!
[Did her USPP interviewers (there were at least three: Spetz, Braun, and Hodakievic; see above in this sub-heading) record the female Nissan owner's statement incorrectly in the confusion?]
Based on the times stated, man who drove this white van into the park (the man who emptied trash into one of the barrels on the northwest side of the parking lot) does not appear to have been CW, but there is some uncertainty on this point. CW never mentioned emptying trash to anyone when he was interrogated, nor was he asked that question See Appendix V.
This female Nissan owner's male companion, while seated south of the parking lot, saw a jogger running from the southeastern half of FMP toward the parking lot [1475]. The jogger was an older man with graying hair, a thin build, and wearing shorts. If an official search was ever made for this jogger, evidence of it does not appear in the record. This individual was running toward the northwest from an area southeast of the FMP parking lot shortly after 1800 (VWF's body was found by USPP Fornshill at 1814:32 [2252] on the northwest side of FMP).
This jogger could easily have been a critical witness: shortly before CW finds the body, this person was jogging along, headed northwesterly in the general direction of the spot where CW saw the body. Was this jogger ever sought through advertising? Did anyone at FMP know who he was? Is he still jogging this route most days after work around 1800? Have and investigators checked?
The female Nissan owner, while she was sitting in the park south of the parking lot with her male companion, remembered a white male, 6 foot tall with dark brown hair who appeared to be in his late 20s to early 30s walking toward the parking lot. He might have been big and burly and wearing blue jeans [1471,1472].
It is not clear who this person in FMP was. Perhaps it was the "jogger" described above by the Nissan driver's male companion, but that seems unlikely based on the male companion's description of the jogger. The person seen by the female witness appeared quite close to the time CW first observed VWF's body, but the description does not match CW well either, who is a white male, 45-48, 210-215 pounds, stocky build, 5'-7" to 5'-8", with light brown hair worn short [1467]. This person would have made an ideal witness, just like the jogger. There is no evidence in the record that he was ever interviewed or sought out.
In the words of the Fiske Report [183]: "Everyone known to have been in Fort Marcy Park on the afternoon or evening of July 20, 1993, also was questioned."
This statement is relatively unqualified ("known to have been") and is demonstrably not true. There were many people known to have been at FMP that afternoon who were observed by government and civilian witnesses who were never questioned. At the least, the Fiske Report statement gives an unmerited impression of thoroughness, a thoroughness that does not exist.
CW never entered the southeastern side of the park according to his statements. If he did not, he could not have been seen on the southeastern side of the park headed northwest toward the parking lot. See the Comments below concerning the evidence that "others" were also in FMP at this time.
CW told the FBI he stopped to take his shirt off before commencing his walk in the park [1515] [another indication he, and in particular, his bladder, was not in extremis, in addition to his apparent willingness to roam over 750 feet to find a private spot at which to urinate], but the couple in the Nissan were away from the lot on the south side of FMP when CW drove into the parking lot somewhere between 1730 and 1745 [1515, 1470, 1474].
Remember that the driver of the Nissan stated that the occupant of VWF's Honda "could have been bare chested." However, CW clearly does not match the descriptions of the drivers of the other vehicles this couple saw in the parking lot that afternoon [1471,1474-1475]. It is quite possible that CW arrived, emptied his bladder near the second cannon, spotted and observed VWF's body, and left, all unseen by the Nissan couple since they were sitting on the southeastern side FMP during the time CW indicates his van was present in the parking lot.
The 911 Calls
After returning from the body site to the lot (viewing VWF's Honda and the white Nissan with MD plates in the lot on the way as described above), CW drove his white van from FMP some two-and-a-half miles northwest on the GWMP to Parkway Headquarters' Turkey Run maintenance yard where he asked two Park Service maintenance workers to call 911 [2663] and report the body. CW did not give his name, nor did the workers record his license plate number. CW wanted to remain anonymous from the beginning (for the reasons described previously).
The younger maintenance worker made two 911 calls, one to Fairfax County at 1759:59 that ended at 1804:01 [1430] and another to the USPP at 1803:30 [2116]. Fairfax County itself also made a short call to the USPP [2116] in response to the 911 call it had received from the maintenance worker because FMP, a Federal Park, was also part of the USPP's jurisdiction. [The fact that the call to Fairfax County by the maintenance worker apparently did not end until 31 seconds after he placed his call to the USPP can likely be attributed to slightly different clock times used by the two agencies that day.]
The FCFRD And A USPP Officer Arrive At FMP And Begin The Search For The Body
Fairfax County Emergency Medical Services units (part of the Fairfax County Fire and Rescue Department) and a USPP officer were immediately dispatched to FMP, with the three vehicles (FCFRD's E01 and M01, plus Unit 261, the USPP vehicle) arriving in the parking lot from 1810 to 1812 [206]. Computer time records are available for the EMS vehicles [1045]. The fire engine (E01) dispatched with the EMS vehicle (M01) pulled into the parking lot in FMP at 1809:58 and the EMS vehicle followed 18 seconds later. The author assumes that the FCFRD computer-driven times are accurate.
Per a USPP communications record memo in the record that provides precise times, USPP Officer Kevin Fornshill, arrived one minute and fifty-two seconds behind E01 [2252], and the six FCFRD workers on E01 and M01 [1392]. These seven individuals constituted the first official presence at FMP among those who responded to the 911 calls. E01 contained Pisani, Iacone, and Wacha. M01 contained Hall, Gonzalez, and Arthur.
Per the official Reports, USPP Officer Fornshill was the first official to find the body (in the same location and general position described by CW).
FCFRD Pisani stated there were no police on the scene when E01 arrived [1361], although Fornshill arrived only about two minutes later and joined the northern search team consisting of EMS Gonzalez, EMS Hall, and Fornshill. According to EMS Arthur, the first USPP officer arrived while he and other EMS persons were searching FMP southeast of the parking lot [881,988], so maybe the southern search team left the lot a little ahead of the northern search team.
However, EMS Hall (one of the two EMS personnel to reach the body immediately after Fornshill and a member of the northern search team) told the FBI in his interview that some USPP officers [plural] were already in the parking lot when the Fairfax County EMS workers arrived [1160].
FCFRD Iacone thought the first US Park Police officers arrived on the scene 5-10 minutes after the body had been found [1357-1358]. Presumably these would either have been USPP Ferstl, USPP Spetz or USPP Gavin (see Appendix IV) since the record indicates that Fornshill arrived within two minutes of the initial FCFRD units on the scene [1045,1392]. Iacone, like Arthur, didn't see any USPP until he returned to the lot from the unsuccessful search to the south. Hall and Gonzalez would have then been with the body and Fornshill, if not still at the body site, would have been preparing to leave FMP shortly.
Perhaps the discrepancy regarding the presence or absence of Fornshill at the beginning of the search can be explained in the following way: the southern search team (consisting of all the FCFRD personnel except Gonzalez and Hall who searched the northern half of FMP) left the lot to search just before Fornshill arrived, and Fornshill, seeing Gonzalez and Hall headed northwest into the park to search, joined them since they were the only EMS personnel he saw.
This may not be correct since the natural split of the six EMS people would have been three to the north and three to the south. Furthermore, the view of the park from the parking area (personal observation of the author) would tend to cause more searchers to head northerly rather than southerly since there is more open space visible to the northwest.
Another complication: Fornshill stated that no one had begun searching for the body when he (Fornshill) arrived at FMP [918].
It remains unclear who the additional USPP officer(s) (in additional to Fornshill) seen by Hall were.