Warren Commission (04 of 26): Hearings Vol. IV (of 15)
Part 2
When this salt material, which is left by the fingers on the paper, is immersed in the silver nitrate solution, there is a combining, an immediate combining of--the elements themselves will break down, and they recombine into silver chloride and sodium nitrate. We know that silver is sensitive to light. So that material, after it has been treated with the silver nitrate solution, is placed under a strong light. We utilize a carbon arc lamp, which has considerable ultraviolet light in it. And it will immediately start to discolor the specimen. Wherever there is any salt material, it will discolor it, much more so than the rest of the object, and show exactly where the latent prints have been developed. It is simply a reaction of the silver nitrate with the sodium chloride.
That is all it is.
Mr. EISENBERG. Do you frequently find that the silver nitrate develops a print in a paper object which the iodine fuming cannot develop?
Mr. LATONA. Yes; I would say that is true, considerably so. We have more success with silver nitrate than we do with the iodine fumes.
The reason we use both is because of the fact that this material which is exuded by the fingers may fall into one of two main types--protein material and salt material. The iodine fumes will develop protein material. Silver nitrate will develop the salt material.
The reason we use both is because we do not know what was in the subject's fingers or hands or feet. Accordingly, to insure complete coverage, we use both methods. And we use them in that sequence. The iodine first, then the silver nitrate. The iodine is used first because the iodine simply causes a temporary physical change. It will discolor, and then the fumes, upon being left in the open air, will disappear, and then the color will dissolve. Silver nitrate, on the other hand, causes a chemical change and it will permanently affect the change. So if we were to use the silver nitrate process first, then we could not use the iodine fumes. On occasion we have developed fingerprints and palmprints with iodine fumes which failed to develop with the silver nitrate and vice versa.
Mr. EISENBERG. Now, Mr. Latona, looking at that bag I see that almost all of it is an extremely dark brown color, except that there are patches of a lighter brown, a manila-paper brown. Could you explain why there are these two colors on the bag?
Mr. LATONA. Yes. The dark portions of the paper bag are where the silver nitrate has taken effect. And the light portions of the bag are where we did not process the bag at that time, because additional examinations were to be made, and we did not wish the object to lose its identity as to what it may have been used for. Certain chemical tests were to be made after we finished with it. And we felt that the small section that was left in itself would not interfere with the general overall examination of the bag itself.
Mr. EISENBERG. That is, the small section of light brown corresponds to the color which the bag had when you received it?
Mr. LATONA. That is the natural color of the wrapper at the time we received it.
Mr. EISENBERG. And the remaining color is caused by the silver nitrate process?
Mr. LATONA. That is correct.
Mr. EISENBERG. Does paper normally turn this dark brown color when treated by silver nitrate?
Mr. LATONA. Yes; it does. It will get darker, too, as time goes on and it is affected by light.
Mr. EISENBERG. Mr. Latona, does the silver nitrate process permanently fix the print into the paper?
Mr. LATONA. Permanent in the sense that the print by itself will not disappear. Now, it can be removed, or the stains could be removed chemically, by the placing of the object into a 2 percent solution of mercuric nitrate, which will remove the stains and in addition will remove the prints. But the prints by themselves, if nothing is done to it, will simply continue to grow darker and eventually the whole specimen will lose its complete identity.
The CHAIRMAN. May I ask a question here?
So I understand from that that this particular document that you are looking at, or this bag, will continue to get darker as time goes on?
Mr. LATONA. Yes; it will.
The CHAIRMAN. From this date?
Mr. LATONA. That's right.
Mr. EISENBERG. Returning to the prints themselves, you stated I believe that you found a palmprint and a fingerprint on this paper bag?
Mr. LATONA. That is correct.
Mr. EISENBERG. Did you find any other prints?
Mr. LATONA. No; no other prints that we term of value in the sense that I felt that they could be identified or that a conclusion could be reached that they were not identical with the fingerprints or palmprints of some other person.
Mr. EISENBERG. Did you attempt to identify the palmprint and fingerprint?
Mr. LATONA. The ones that I developed; yes.
Mr. EISENBERG. Were you able to identify these prints?
Mr. LATONA. I--the ones I developed, I did identify.
Mr. EISENBERG. Whose prints did you find them to be?
Mr. LATONA. They were identified as a fingerprint and a palmprint of Lee Harvey Oswald.
Mr. EISENBERG. Now, Mr. Latona, what known sample of Lee Harvey Oswald's prints, finger and palm, did you use in making this identification?
Mr. LATONA. The known samples I used were the ones forwarded by our office at Dallas, the Dallas office.
Mr. EISENBERG. Do you have those with you?
Mr. LATONA. I do.
Mr. EISENBERG. Mr. Latona, you have handed me three cards, one of which appears to be a standard fingerprint card, and the other two of which appear to be prints of the palms of an individual. All these cards are marked "Lee Harvey Oswald."
Are these the cards which you received from your Dallas office which you just described as being the prints of Lee Harvey Oswald?
Mr. LATONA. They are.
Mr. EISENBERG. Mr. Chairman, I would like these admitted into evidence as 627, 628, and 629. I would like the standard fingerprint card, 10-print card, admitted as 627.
The CHAIRMAN. It will be admitted.
(The item referred to was marked Commission Exhibit No. 627 and received in evidence.)
Mr. EISENBERG. I would like the card which is--which appears to be the left palm admitted as 628.
The CHAIRMAN. It will be admitted.
(The item referred to was marked Commission Exhibit No. 628 and received in evidence.)
Mr. EISENBERG. I would like the card which is the right palm admitted as 629.
The CHAIRMAN. That may be admitted.
(The item referred to was marked Commission Exhibit No. 629 and received in evidence.)
Mr. LATONA. May I ask a question, please? Would it be possible to accept copies instead of the originals?
The CHAIRMAN. They are identical?
Mr. LATONA. These are true and faithful reproductions of the originals which Mr. Eisenberg has.
The CHAIRMAN. The originals, then, may be withdrawn, and the copies substituted for them.
Mr. EISENBERG. Shall I mark those 627, 628, and 629 in the same manner as the originals?
The CHAIRMAN. Exactly.
Mr. EISENBERG. Mr. Latona, do you know how the known samples we have just marked 627, 628, and 629 were obtained?
Mr. LATONA. How they were obtained?
Mr. EISENBERG. Yes. Can you tell the process used in obtaining them?
Mr. LATONA. You mean in recording the impressions?
Mr. EISENBERG. Yes, sir.
Mr. LATONA. Fingerprints are recorded by the use of a printer's ink, heavy black ink, which is first placed on a smooth surface, such as glass or metal, and it is rolled out in a smooth, even film. Then the subject's fingers are brought in contact with the plate by a rolling process, rolling the finger from one complete side to the other complete side, in order to coat the finger with an even film of this heavy ink. Then the finger is brought in contact with a standard fingerprint card and the finger again is rolled from one complete side to the opposite side in order to record in complete detail all of the ridge formation which occurs on the tip of the finger, or the first joint, which is under the nail.
Mr. EISENBERG. Did you received a second submission of known prints?
Mr. LATONA. Yes; we did.
Mr. EISENBERG. When did you receive those?
Mr. LATONA. Those were received in the identification division on November 29, 1963.
Mr. EISENBERG. Did this include two palms, or was this simply----
Mr. LATONA. No; it did not. It was simply a fingerprint card.
Mr. EISENBERG. Do you know why the second submission was made?
Mr. LATONA. The second submission was made, I believe, in order to advise us formally that the subject, Lee Harvey Oswald, had been killed, and it has the notation on the back that he was shot and killed 11-24-63 while being transferred in custody.
Mr. EISENBERG. And did you examine that second submission?
Mr. LATONA. Yes, I did.
Mr. EISENBERG. And is it in all respects identical to the first?
Mr. LATONA. The fingerprints appearing on this card are exactly the same as those that appear on the card which you have previously referred to as Commission Exhibit 627.
Mr. EISENBERG. Mr. Latona, do you have a copy of the second submission?
Mr. LATONA. No; I do not.
Mr. EISENBERG. I wonder whether you could supply one to us at a later date.
Mr. LATONA. Yes; I could. If you feel it necessary, you can take this one.
Mr. EISENBERG. Well, it is up to you. We will accept a copy.
The CHAIRMAN. If you wish, you may substitute a copy for it later.
Mr. LATONA. All right.
The CHAIRMAN. And then you may withdraw it.
Mr. EISENBERG. May I mark that as 630, with the understanding that it can be substituted for by a copy?
The CHAIRMAN. Yes.
(The item referred to was marked Commission Exhibit No. 630 and received in evidence.)
(At this point, Representative Ford entered the hearing room.)
Mr. EISENBERG. Mr. Latona, could you tell us what portion of the palm of Lee Harvey Oswald was reproduced on the paper bag, Exhibit 626?
Mr. LATONA. The portion of the palm which was identified was of the right palm, and it is a portion which is sometimes referred to as the heel. It would be the area which is near the wrist on the little-finger side. I have a photograph here which has a rough drawing on it showing the approximate area which was identified.
The CHAIRMAN. Which hand did you say?
Mr. LATONA. The right hand.
Mr. EISENBERG. That little finger, is that sometimes called the ulnar side?
Mr. LATONA. The ulnar side; yes, sir.
Mr. EISENBERG. Is this a true photograph made by you?
Mr. LATONA. This is a true photograph of one of the exhibits you have received.
Mr. EISENBERG. That is to say, the exhibit showing the right palmprint, which is marked 629?
Mr. LATONA. That's correct.
Mr. EISENBERG. Mr. Chairman, may I have this photograph admitted into evidence as 631?
The CHAIRMAN. It may be admitted.
(The item referred to was marked Commission Exhibit No. 631 and received in evidence.)
Mr. EISENBERG. Do you have another photograph there?
Mr. LATONA. I have here a photograph which is a slight enlargement of the latent palmprint developed on the bag. It has a red circle drawn around it showing the palmprint which was developed.
Mr. EISENBERG. Is that a true photograph made by you?
Mr. LATONA. This is. It is approximately a time-and-a-half enlargement of the palmprint which I developed on the paper bag.
Mr. EISENBERG. May I have that admitted, Mr. Chairman, as 632?
The CHAIRMAN. It may be admitted by that number.
(The item referred to was marked Commission Exhibit No. 632 and received in evidence.)
Mr. EISENBERG. Having reference to the paper bag, Exhibit 626, Mr. Latona, could you show us where on that bag this portion of the palm, the ulnar portion of the palm, of Lee Harvey Oswald was found?
Mr. LATONA. This little red arrow which I have placed on the paper bag shows the palmprint as it was developed on the wrapper.
The CHAIRMAN. Is it visible to the naked eye?
Mr. LATONA. Yes; it is. I think you can see it with the use of this hand magnifier.
Mr. EISENBERG. Mr. Latona, could you mark that arrow "A"--the arrow you have just referred to on Exhibit 626, pointing to the portion of the palmprint of Lee Harvey Oswald?
The CHAIRMAN. What is the number of the exhibit that it is on?
Mr. EISENBERG. That is 626.
Mr. LATONA. May I--I tell you, I am going to furnish you a copy of this, but I cannot make a copy unless I have it.
Mr. EISENBERG. We can lend it to you for that purpose.
The CHAIRMAN. You may have it to make the copy.
Mr. LATONA. And I will send you the copy. Thank you.
Mr. EISENBERG. Now, I believe you said you also found a fingerprint of Lee Harvey Oswald on this paper bag, 626.
Mr. LATONA. Yes; I did.
Mr. EISENBERG. Can you tell us what finger and what portion of the finger of Lee Harvey Oswald you identified that print as being?
Mr. LATONA. The fingerprint which was developed on the paper bag was identified as the right--as the left index fingerprint of Lee Harvey Oswald. I also have a slight enlargement of it, if you care to see it.
Mr. EISENBERG. You are showing us a true photograph of the actual fingerprint?
Mr. LATONA. As it appeared on the bag, slightly enlarged.
Mr. EISENBERG. May I have that admitted as 633, Mr. Chairman?
The CHAIRMAN. It may be admitted.
(The item referred to was marked Commission Exhibit No. 633 and received in evidence.)
Mr. EISENBERG. You are holding another photograph, Mr. Latona?
Mr. LATONA. I have here a photograph of the fingerprint card, of the one which I just took back, and it is actually a true reproduction of the front of the card. That was Exhibit 630. This one here is a true reproduction of the front of Exhibit 630.
Mr. EISENBERG. And have you circled on that, the photograph which you are holding, the left index finger?
Mr. LATONA. That's right.
Mr. EISENBERG. And would you show that to the Chief Justice? That is a true reproduction, Mr. Latona?
Mr. LATONA. Yes; it is.
Mr. EISENBERG. I would like that admitted as 633A.
The CHAIRMAN. It may be admitted.
(The item referred to was marked Commission Exhibit No. 633A and received in evidence.)
Mr. LATONA. Could that take the place of this?
Mr. EISENBERG. I think our exhibits would be confused.
Mr. LATONA. Very well.
Mr. EISENBERG. Now, what portion of the left index finger was that, Mr. Latona?
Mr. LATONA. That is the area which is to the left, or rather to the right of the index finger.
Mr. EISENBERG. On which joint?
Mr. LATONA. On the first joint, which is under the nail.
Mr. EISENBERG. Is that known as the distal phalanx?
Mr. LATONA. That's right.
Mr. EISENBERG. So it is the right side of the distal phalanx of the left index finger?
Mr. LATONA. That is correct. Now, that would be looking at an impression made by the finger. If you were to look at the finger, you would raise the finger up and it would be on the opposite side, which would be on the left side of the distal phalanx.
Mr. EISENBERG. Now, when we were talking before about the palmprint, and you said that it was on the right side--you said it was on the ulnar portion of the palm?
Mr. LATONA. That is correct.
Mr. EISENBERG. And that is looking at the palm itself?
Mr. LATONA. Looking at the palm itself.
Mr. EISENBERG. Now, I would rather----
Mr. LATONA. That would still be the ulnar side when you look at the print.
Mr. EISENBERG. Why don't we use ulnar and radial then when we refer to portions of fingerprints, ulnar referring to the little-finger side, and radial to the thumb side? So referring to the left index fingerprint now, that would correspond to the ulnar side of the left index finger of Lee Harvey Oswald?
Mr. LATONA. That is correct.
The CHAIRMAN. Congressman Ford, I'm going to leave now to attend a session of the Court. If you will preside in my absence, Mr. Dulles will be here in a few moments, and if you are obliged to leave for your work in the Congress, he will preside until I return.
(At this point, Mr. Dulles entered the hearing room and the Chairman left the hearing room.)
Mr. EISENBERG. Mr. Latona, could you show us where on the paper bag, Exhibit 626, this left index finger was developed by you?
Mr. LATONA. The left index fingerprint was developed in the area which is indicated by this small red arrow.
Mr. EISENBERG. Could you put a "B" on that arrow to which you are pointing? Mr. Latona, did you make comparison charts of the known and latent or the inked and latent palmprints of Lee Harvey Oswald which you have been referring to as found on this paper bag, 626?
Mr. LATONA. Yes; I did.
Mr. EISENBERG. Could you----
Mr. DULLES. Shouldn't you change that question a little bit? I don't think you should say Lee Harvey Oswald at this point.
Mr. EISENBERG. He has identified the print as being that of Lee Harvey Oswald.
Mr. DULLES. Excuse me.
Mr. EISENBERG. Mr. Latona, could you show us that chart and discuss with us some of the similar characteristics which you found in the inked and latent print which led you to the conclusion that they were identical?
Mr. LATONA. Yes. I have here what are referred to as two charted enlargements. One of the enlargements, which is marked "Inked Left Index Fingerprint. Lee Harvey Oswald" is approximately a 10-time enlargement of the fingerprint which appears on Exhibit 633A. The other enlargement, which is marked "Latent Fingerprint on Brown Homemade Paper Container," is approximately a 10-time enlargement of the latent fingerprint which was developed on the brown wrapping paper indicated by the red arrow, "B."
Mr. EISENBERG. And that also corresponds to the photograph you gave us, which is now Exhibit 633?
Mr. LATONA. That's correct.
Representative FORD. And the arrow, "B," is on Exhibit 626?
Mr. LATONA. That's correct. Now, in making a comparison of prints to determine whether or not they were made by the same finger, an examination is made first of all of the latent print.
An examination is made to see if there are in the latent print any points or characteristics which are unique to the person making the determination. In other words, in looking at the latent print, for example, this point, which is marked "1," is a ridge. The black lines are what we term ridges. They were made by the ridge formations on the fingers. That is, when the finger came in contact with the brown paper bag, it left an outline in these black lines on the brown paper bag.
Now, in looking at the latent print in the enlargement you notice there is one black line that appears to go upward and stop at the point which has been indicated as point No. 1.
Mr. EISENBERG. Mr. Latona, may I interrupt you there for a second.
Mr. Chairman, I would like to introduce this chart, this comparison chart, as an exhibit.
Representative FORD. It may be admitted.
Mr. EISENBERG. That will be 634.
(The item referred to was marked Commission Exhibit No. 634 and was received in evidence.)
Mr. LATONA. Looking further we notice----
Mr. DULLES. Could I just ask a question about this? This is referring to Exhibit 634. I want to make sure what line we are talking about. You are talking about a black line that goes up as though two rivers came together there, and here is the point where this line stops.
Mr. LATONA. That's correct.
Mr. DULLES. No. 1. This is the latent?
Mr. LATONA. This is the imprint. This is the print on the bag.
Mr. DULLES. Yes.
Mr. LATONA. The contrast here is not as good as it is here.
Mr. DULLES. This goes up here, and these two lines come in there, so there is the point where your black line stops?
Mr. LATONA. Right at the end of the red line which is marked "1."
Mr. DULLES. Thank you.
Mr. LATONA. Now, looking further we find this point that has been indicated as No. 3. And No. 3 is located----
Mr. DULLES. Why do you skip 2?
Mr. LATONA. I am going to come to that.
Mr. DULLES. I see.
Mr. LATONA. I am going to tie these three in. Point No. 3 is above and to the left one ridge removed from--one black line--there is No. 3. Now looking further, we can look over to the right, or rather to the left, and we notice that one ridge removed from No. 3 are two ridges that come together and give you a point which has been indicated as No. 2.
Mr. EISENBERG. Is that what you might call a bifurcation?
Mr. LATONA. That is referred to, generally speaking, as a bifurcation.
Mr. EISENBERG. That is No. 2?
Mr. LATONA. And No. 1 is what is referred to as a ridge end.
Now, keeping those three points in mind, and the relationship they have to each other, if this print here, the inked print, were made by the same finger which left the print on the brown paper bag, we should be able to find those three points in the same approximate area, having the same relationship to each other.
Now, at this point we have not made a determination of any kind as to whether they are or are not identical. Examining the inked fingerprint, bearing in mind the general formation of this print that we see here, the latent print, we would examine the inked print and that would direct us to this approximate area here. And looking, we find sure enough there is point No. 1--or rather there is a point which appears to be the same as point No. 1 here. Bearing in mind how we located points Nos. 2 and 3, we would then check the inked print further and say to ourselves, "If this print were the same, there should be a point No. 2 in exactly the same relationship to No. 1 as there was in this latent print." We look over here--one, two, three, four--there is point No. 2.
Mr. EISENBERG. That point, or that count that you are making, is of ridges between the first and second point?
Mr. LATONA. Between the points, that's right. Then we have over here one, two, three, four. And bearing in mind again how point No. 3 bears a relationship to point No. 2, we should find point No. 3 in the same relative position in the inked print that it occurs in the latent print. Counting over again--one--we find a point which could be considered No. 3.
Now, at this time we have coordinated three points. We have tied three points together. On that basis, by themselves, we would not give a definite determination. Accordingly, we would pursue a further examination to determine whether there are other characteristics which occur.
Mr. DULLES. How many times is that magnified?
Mr. LATONA. This is magnified approximately 10 times.
Then we would pick up point No. 5. We notice point No. 5 is again one of those bifurcations which occurs above and slightly to the left of point No. 3. We also notice that it envelops point No. 1--as we go down further, slightly to the right of point No. 5, we notice that bifurcation envelops point No. 1. So we would look around for such a characteristic in the latent print.
If the same finger made those two prints, we have to find point 5. And looking over here we find such a formation, we look at it, and sure enough it envelops point No. 1--exactly the same relationship to each other appears in the latent print, and in the inked print. It has the same relationship to point No. 3 that occurs in the latent print as occurs in the inked print. Then we would pick up point No. 4--one, two, three, four.
Mr. EISENBERG. Again you are counting ridges?
Mr. LATONA. Counting ridges again, from point No. 5--one, two, three, four. There is a so-called ridge end, which occurs above, above and almost slightly to the left of point No. 5, point No. 5 enveloping No. 1. Point No. 5.
Mr. DULLES. Is 5 a ridge-end?
Mr. LATONA. Five is what we term a joining, forking, or bifurcation. These two come together at point 5. Over here, together at point 5.
Mr. DULLES. Is that where the two ridges come together there and encase it?
Mr. LATONA. Yes, sir. From point No. 5 we pick up point No. 7, which is another one of those so-called bifurcations. One, two, three, four.
Mr. EISENBERG. Again a ridge count?