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 Investigation ("FBI") provided substantial and invaluable support in this investigation. 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 relatives of Foster, who provided insight into Foster's activities and state of mind during the weeks prior to his death. (1) 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, 1993, 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 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 on the clothing; a fingerprint analysis; and a handwriting analysis of a torn-up note discovered in Foster's briefcase. (2)

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; (3)
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"). (4)

This Office was also assisted by Dr. Joel E. Kleinman, M.D., Ph.D., 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. (5)

Notes:

(1) 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.

(2) 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, 1994 ("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.

(3) Dr. Luke assisted this Office throughout the investigation.

(4) The curriculum vitae for each pathologist is attached as Exhibit 2. The Pathologist Report is attached as Exhibit 3.

(5) The curriculum vitae for Dr. Kleinman is attached as Exhibit 4.