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Freedom of Information Advocacy Coalition,
Inc. www.F O I A C.org an educational non-profit corporation Dedicated to truth |
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FOIA Lawsuits TWA Flight 800: FOIAC.org |
Sephton v. FBI
Freedom of Information Act lawsuit
for
disclosure
of Flight 800's probe of records of foreign objects and shrapnel
obtained by
the FBI, and withheld, including from the NTSB and the medical examiner
Graeme Sephton November, 2003 I am a registered professional engineer who has been
working diligently for years on the discovery process of the most pertinent
evidence about the explosion of Flight 800. My main effort has been to
obtain the forensic evidence about hundreds of objects seized by the FBI
during the autopsy that were never later shared with the coroner. (Highly irregular in itself.) I
realized that, unlike other evidence collected from the bottom of the Consider that any suspicious objects that had been
dredged up during the salvage operation could not definitively be linked with
the explosion. Objects removed during the autopsies cannot be dismissed
in a cavalier manner. But such evidence obviously can be, and was,
withheld by the FBI from routine independent evaluation by the The FBI's excuse for the existence of explosive residues
throughout the wreckage is that it was carelelessly
“spilled” during a canine explosives detection exercise. Similarly, the
evidence from scores of witnesses who saw an object streaking up from the
water was both suppressed and dismissed. The CIA experts explained that
they were all visually confused by the burning disintegrating aircraft.
Radar experts who were concerned with what the radar data showed were also
dismissed. But suspicious foreign objects removed during autopsies
presents a significant challenge to explain away or dismiss.
Perhaps it is easier to withhold than to explain it. Indeed, the final official conclusion of the spontaneous
spark in the fuel tank was always very frail.
There is no corroborating evidence to support it. The fuel tank was empty. The FBI claims to have relied on the
"spark theory." The FBI
asserted that there was “no physical evidence" of any outside initiating
event.
In 1998, I made a Freedom of Information Act request for
the forensic evidence that was withheld from the coroner. I believe
that obtaining that evidence might resolve the controversial conclusions of
the investigation. Who if anyone inside the FBI had evaluated all those
hundreds of foreign bodies, and what did they conclude about them? Eventually it became evident that perhaps no one had
actually made an evaluation of the critical foreign body evidence: not the
county coroner, not the FBI’s medical forensic consultant, not the NTSB
medical forensic specialists, and certainly not the media. Despite
these and other blatant symptoms of a deficient investigation, the media has
repudiated the label “cover-up” as unmentionable and unacceptable.
Unfortunately, that has left citizen investigators to investigate and
research. There are dozens of us. In early 2000 the FBI could only find 23 pages of
responsive documents relating to the objects that were removed from 89 of the
victims. In July 2000, with the support of the FIRO organization (see http://www.flight800.org/FBI_COMP.htm),
I filed a lawsuit against the FBI for this apparent withholding of
documents. That three-year litigation has now produced a lot of
documentary evidence confirming that there were substantial quantities of
forensic lab data withheld from both the NTSB and the coroner. But among the
550 pages the FBI has now submitted to the federal District Court in Of the 550 pages of records eventually surrendered to
the federal Court in June 2003, only one page was of a forensic
laboratory report, a negative result from an explosive residue test.
Despite the lack of forensic data, the released records do reveal that
hundreds of foreign objects were removed during the autopsies by the medical
examiners – and were immediately seized as evidence by the FBI for its
“identification” and “detailed lab analysis.”
Eight years later the public is still waiting. The records also show that not even the FBI’s own
medical forensic team, headed by their specially appointed consultant Dr.
Dennis Shanahan, had any access to the foreign object forensic data. What those 550 pages fail to provide is very
disconcerting. The FBI could not find any of the requested physical
details or descriptions of those objects; their size, weight, composition, or
likely point of origin. If it accurately reflects the status and
contents of the “Main File” of the investigation produced and maintained by
the NY FBI Field Office there was a serious problem in the
investigation. It implies that Assistant Director Jim Kallstrom and the FBI Office in charge of the investigation
never received any of that forensic information or even summaries or
assessments of the foreign objects and shrapnel removed from the
bodies. Were they even claimed to be merely pieces of a 747 and its
contents? The official FBI investigation cost over $20 million and
the main record appears to be totally silent on this fundamental issue.
Only a thorough review by independent experts will be able to prove whether
the FBI's conduct is based on deception. Theoretically, the National Transportation Safety Board
(NTSB) was the lead agency in the Investigation. However, NTSB records
released in response to a similar FOIA request were equally perplexing.
Those records revealed that the FBI had never shared any of the
descriptions or forensic details with them either. When asked about
it via phone, Burt Simon, Chair of the NTSB Medical Group/Report,
subsequently confirmed that revelation. It seems particularly remiss
that the NTSB did not seek or receive that data. It is an important and
routine part of the survivability factor analysis of every accident
investigation, to analyze what particular objects were flying around and
hurting passengers, if such evidence exists. Mr. Simon had no
reasonable explanation for how he could have completed a professional
survivability report without that data. He attempted to dismiss the
unreviewed data as being “probably of little
consequence.” Despite his own negligence in the matter, he expressed
the utmost confidence in the never-seen analysis and conclusions the FBI must have
made about it. The FBI’s assertion that they cannot now locate the
forensic data is not believable. In support of our case, Dr. Fred
Whitehurst, formerly a senior chemist at the FBI Crime Laboratory, submitted
an affidavit to the Court explaining how easy all of the forensic data
would be to find if the FBI merely searched in the right place. He even
identified, by name, the two most relevant computerized data bases at that
institution. Despite all the facts above, in August of 2003 the
District Court ruled against us a second time, after having already been
reversed at the US Court of Appeals. On
Item “1B-28” - 20
mysterious shrapnel pellets of “unknown origin”
Apart from the single page mentioned above, only one
other forensic laboratory report out of those missing hundreds has ever been
released by the FBI.
It was an analysis performed by Brookhaven National Lab (BNL) to evaluate 20
small (~1/4” diameter) pellets that were removed during autopsy of the person
whose ME# was 96-5037; the pellets were designated Item “1B-28”. The
lab report showed that a sample pellet was composed mostly of Aluminum with
traces of Titanium, Zirconium, Cerium and Barium. Such compounds are
consistent with incendiary pellets used in some missiles. The report
merely concluded "unknown origin." The details of
1B-28 were among over 200 fairly innocuous pages of documents released in
response to a Freedom of Information Act request from another independent
researcher, Don Collins, in Even if the remarkable incendiary components could be
explained, the official low-velocity type fuel explosion could not shatter
aluminum into small pellets. Refer to the details and some of the documents of this
BNL evidence at: http://www.flight800.org/FBI_COMP.htm 230 souls perished with TWA Flight 800. It is now
time to find out what really went wrong immediately prior to the
explosion. Perhaps even more importantly for the sake of public safety
and government credibility, we now also need to find out what went wrong with
this elaborate and expensive investigation. As more and more evidence emerges from the archives of
the investigation, the more it's evident that the probe was a sham. We cannot be safe if catastrophic events and serious
problems can be swept under the carpet with elaborate and inadequate
investigations. |
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