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Robert F Kennedy Assassination — Part 3
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public officials. However, the Robert Kennedy investigation, even
though always subject to being reopened in light of new evidence,
has been officially closed. Therefore, refusal to release these
ten volumes will only undermine the credibility of public agencies
and detract from their credibility. Special Counsel Kranz
emphasizes that there is no evidence within the ten volume summary
that suggests that defendant Sirhan did not commit the crime alone,
acting on his own, without any influence from other personalities,
or ideological organizations.
Other Recommendations by Special Counsel Kranz
Preservation of EVidence
It should first be clearly stated that no actual evidence ever
introduced before the Grand Jury or at the trial of Sirhan has every
been destroyed. However, during the September, 1975 examination of
DeWayne Wolfer it was discovered by representatives from the County
Clerk's Office that a fragment from one bullet exhibit was missing.
Nevertheless, all the items, ballistics evidence’ and exhibits, and
transcripts and testimony have been subject to continuing court
orders first initiated on June 7, 1968, by Judge Arthur Alarcon,
further crdered by trial Judge Herbert Walker in May 1969, and
covered by continuing orders issued by Judge Charles Loring in
1972, and Judge Alfred McCourtney in 1974.
The Los Angeles Police Department admitted that ceiling tiles
and panels with bullet holes, entry and exit holes, and x-rays of
the same ceiling panels, and possible spectrographic analysis of
bullets which Wolfer testified he may have prepared, all were des-
troyed. In essence, the Sirhan defense at trial was primarily one
of diminished capacity, with counsel and defendant Sirhan both
admitting that Sirhan has fired the weapon.
However, the destruction of these relevant materials, parti-
cularly when the initial stages of Sirhan'ts appeal-had not yet been
filed before the appelate court in 1969, reflects a serious lack of
judgment by the authorities who destroyed such material. In answer
to the argument that the continued preservation of all materials
and items, no matter how bulky and cumbersome, would prove a
physical impossibility for the County Clerk's Office and police
agencies, a reasonable time limit during the course of the appeals
procedure should be established as a necessary period to preserve
all materials and items relevant to the case. Included in such
policy would be a directive that no evidence, including the
materials that had not actually been introduced at the trial, but
could have legitimate relevance and materiality on appeal, could be
destroyed pending the completion of the appeal process.
In the Sirhan matter, although diminished capacity was a major
defense, in light of the fact that People's 48, the bullet that -
actually killed ‘Senator Kennedy, could never be positively
- 53-
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