TESTIMONY OF SEBASTIAN F. LATONA
The CHAIRMAN. The Commission will be in order.
Mr. Latona, the purpose of today's hearing is to take your testimony
and that of Arthur Mandella. Mr. Mandella is a fingerprint expert from the New York City
Police Department. We are asking both of you to give technical information to the
Commission.
Will you raise your right hand and be sworn?
Do you solemnly swear that the testimony you are about to give will be
the truth, the whole truth, and nothing but the truth, so help you God?
Mr. LATONA. I do.
The CHAIRMAN. You may be seated. Mr. Eisenberg will conduct the
examination.
Mr. EISENBERG. Mr. Latona, could you state your full name and give us
your position?
Mr. LATONA. My full name is Sebastian Francis Latona. I am the
supervisor of the latent fingerprint section of the identification division of the Federal
Bureau of Investigation.
Mr. EISENBERG. What is your education, Mr. Latona?
Mr. LATONA. attended Columbia University School of Law, where I
received degrees of LL.B. LL.M., M.P.L.
Mr. EISENBERG. And could you briefly outline your qualifications as a
fingerprint expert?
Mr. LATONA. Well, I have been with the Federal Bureau of Investigation
for a little more than 32 years. I started in the identification division as a student
fingerprint classifier, and since that time I have worked myself up into where I am now
supervisor of the latent fingerprint section.
Mr. EISENBERG. Could you approximate the number of fingerprint
examinations you have made?
Mr. LATONA Frankly, no. There have been so many in that time that I
would not be able to give even a good guess.
Mr. EISENBERG. Would the figure run in the thousands or hundreds?
Mr. LATONA. So far as comparisons are concerned, in the millions.
Mr. EISENBERG. Have you testified in court?
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Mr. LATONA. I have testified in Federal courts, State courts,
commissioners' hearings, military courts, and at deportation proceedings.
Mr. EISENBERG. Mr. Chief Justice, I ask that this witness be accepted
as an expert.
The CHAIRMAN. The witness is qualified.
Mr. EISENBERG. Mr. Latona, could you briefly outline for us the theory
of fingerprint identification?
Mr. LATONA. The principle of fingerprint identification is based on the
fact primarily that the ridge formations that appear on the hands and on the soles of the
feet actually are created approximately 2 to 3 months before birth, on the unborn child,
and they remain constant in the same position in which they are formed until the person is
dead and the body is consumed by decomposition.
Secondly, the fact that no two people, or no two fingers of the same
person, have the same arrangement of these ridge formations, either on the fingers, the
palms, or the soles and toes of the feet. Plus the fact that during the lifetime of a
person this ridge formation does not change, it remains constant--from the time it is
formed until actual destruction, either caused by voluntary or involuntary means, or upon
the death of the body and decomposition.
Mr. EISENBERG. Mr. Latona, do you have any personal experience
indicating the uniqueness of fingerprints?
Mr. LATONA. Yes; I do. My experience is based primarily upon the work
which I have actually done in connection with my work with the FBI. I have had the
experience of working on one case in particular in which millions of comparisons were
actually and literally made with a small portion of a fingerprint which was left on a
piece of evidence in connection with this particular case, which was a kidnapping case.
This fragmentary latent print which we developed consisted of
approximately seven to eight points. Most fingerprints will have in them an average
roughly of from 85 to about 125.
This fragmentary latent print was compared with literally millions of
single impressions for the purpose of trying to effect an identification. And we were
unable, over a lengthy period while we were making these millions of comparisons, not able
to identify these few fragmentary points.
The important thing is simply this; that on the basis of that
fragmentary print, it was not possible to determine even the type of pattern that the
impression was. Accordingly, we had to compare it with all types of fingerprint patterns,
of which there are really four basic types--the arch, tented arch, loop, and whorl. And we
are still making comparisons in that case, and we have not been able to identify these few
points.
Now, that means simply this--that the theory that we are going on an
assumption that people do not have the same fingerprints--and we find it not necessary to
compare, say for example, a loop pattern with a whorl pattern, and as there is a
possibility that, it is contended by some of these so-called authorities, that maybe the
points that you find in a loop may be found in the same arrangement in a whorl--is not
true. I think that that case, a practical case we have actually worked on, disproves that
theory so strongly in my mind that I am convinced that no two people can possibly have the
same fingerprints.
Mr. EISENBERG. That is, you had a print with seven points, and these
same seven points appeared in none of the millions----
Mr. LATONA. Of the millions that we actually compared over a
period---well, since 1937. You may recall the case. It was the Matson kidnaping case out
in Tacoma, Wash. That is one of only three major kidnaping cases the FBI has not yet
solved.
Mr. EISENBERG. Are palmprints as unique as fingerprints?
Mr. LATONA. Yes; palmprints are. They are not as useful for purposes of
setting up a me in order to conduct searches, for the simple reason that there are not as
many variations of patterns occurring with any frequency in the palms as occur on the tips
of the fingers. That is primarily why the fingertips are used--because you have 10 digits,
and there is a possibility of finding
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variations of the four basic pattern types which can be additionally subdivided by
utilizing certain focal points which occur in those particular patterns, which enable us
to actually subdivide our files into millions of groups. Accordingly, when you make a
search in the fingerprint file, it can be reduced actually to a matter of minutes, whereas
to attempt to set up a palmprint file to the extent of the size of the fingerprint file we
have in the FBI would be a practical impossibility, much less a waste of time.
The CHAIRMAN. Approximately how many fingerprints do you have these
days?
Mr. LATONA. At the present time, we have the fingerprints of more than
77 million people, and they are subdivided in this fashion: we have two main files; we
have the criminal files and we have what are referred to as civil files.
As the names imply, in the criminal files are the fingerprints of
criminals, people who have had a prior criminal record or whose fingerprints have been
received in connection with an investigation or interrogation for the commission of a
crime. In that file we have approximately 15 million sets of fingerprint cards,
representing approximately 15 million people.
In our civil files, in which are filed the fingerprints of the various
types of applicants, service personnel and the like, we have fingerprints of approximately
62 1/2 million people.
Mr. EISENBERG. Returning to palmprints, then, as I understand your
testimony, they are not as good as fingerprints for purposes of classification, but they
are equally good for purposes of identification?
Mr. LATONA. For purposes of identification, I feel that the
identifications effected are Just as absolute as are those of fingerprints.
Mr. EISENBERG. Are experts unanimous in this opinion, Mr. Latona?
Mr. LATONA. As far as I know, yes.
Mr. EISENBERG. Now, Mr. Latona, I hand to you an object which I will
describe for the record as being apparently a brown, homemade-type of paper bag, and which
I will also describe for the record as having been found on the sixth floor of the Texas
School Book Depository Building near the window, the easternmost window, on the south face
of that floor.
I ask you whether you are familiar with this paper bag?
Mr. LATONA. Yes, I am. This is a piece of brown wrapping paper that we
have referred to as a brown paper bag, which was referred to me for purposes of processing
for latent prints.
Mr. EISENBERG. And you examined that for latent prints?
Mr. LATONA. Yes; I did.
Mr. EISENBERG. Mr. Chairman, may I have this admitted into evidence as
Commission Exhibit 626?
The CHAIRMAN. It may be admitted.
(The item referred to was marked Commission Exhibit No. 626 and
received in evidence.)
Mr. EISENBERG. Mr. Latona, do your notes show when you received this
paper bag?
Mr. LATONA. I received this paper bag on the morning of November 23,
1963.
Mr. EISENBERG. And when did you conduct your examination?
Mr. LATONA. I conducted my examination on that same day.
Mr. EISENBERG. When you had received it, could you tell whether any
previous examination had been conducted on it?
Mr. LATONA. When I received this exhibit, 626, the brown wrapper, it
had been treated with black dusting powder, black fingerprint powder. There was nothing
visible in the way of any latent prints on there at that particular time.
Mr. EISENBERG. Were you informed whether any fingerprints had been
developed by means of the fingerprint powder?
Mr. LATONA. No; I determined that by simply examining the wrapper at
that particular time.
Mr. EISENBERG. Could you briefly describe the powder process?
Mr. LATONA. The powdering process is merely the utilizing of a
fingerprint powder which is applied to any particular surface for purposes of developing
any latent prints which my be on such a surface.
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Now, we use powder in the FBI only on objects which have a hard,
smooth, nonabsorbent finish, such as glass, tile, various types of highly polished metals
and the like.
In the FBI we do not use powder on paper, cardboard, unfinished wood,
or various types of cloth. The reason is that the materials are absorbent. Accordingly,
when any finger which has on it perspiration or sweat comes in contact with an absorbent
material, the print starts to become absorbed into the surface. Accordingly,. when an
effort is made to develop latent prints by the use of a powder, if the surface is dry, the
powder will not adhere.
On the other hand, where the surface is a hard and smooth object, with
a nonabsorbent material, the perspiration or sweat which may have some oil in it at that
time may remain there as moisture. Accordingly, when the dry powder is brushed across it,
the moisture in the print will retain the powder giving an outline of the impression
itself.
These powders come in various colors. We utilize a black and a gray.
The black powder is used on objects which are white or light to give a resulting contrast
of a black print on a white background. We use the gray powder on objects which are black
or dark in order to give you a resulting contrast of a white print on a dark or black
background.
Mr. EISENBERG. Now, Mr. Latona, how did you proceed to conduct your
examination for fingerprints on this object?
Mr. LATONA. Well, an effort was made to remove as much of the powder as
possible. And then this was subjected to what is known as the iodine-fuming method, which
simply means flowing iodine fumes, which are developed by what is known as an
iodine-fuming gun--it is a very simple affair, in which there are a couple of tubes
attached to each other, having in one of them iodine crystals. And by simply blowing
through one end, you get iodine fumes.
The iodine fumes are brought in as close contact to the surface as
possible And if there are any prints which contain certain fatty material or protein
material, the iodine fumes simply discolor it to a sort of brownish color. And of course
such prints as are developed are photographed for record purposes.
That was done in this case here, but no latent prints were developed.
The next step then was to try an additional method, by chemicals. This
was subsequently processed by a 3-percent solution of silver nitrate. The processing with
silver nitrate resulted in developing two latent prints. One is what we call a latent
palmprint, and the other is what we call a latent fingerprint.
Mr. EISENBERG. Can you briefly explain the action of the silver
nitrate?
Mr. LATONA. Silver nitrate solution in itself is colorless, and it
reacts with the sodium chloride, which is ordinary salt which is found in the perspiration
or sweat which is exuded by the sweat pores.
This material covers the fingers. When it touches a surface such as an
absorbent material, like paper, it leaves an outline on the paper.
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.
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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.
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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 handled 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 pall 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 palls, or was this simply----
Mr. LATONA. No; it did not. It was simply a fingerprint card.
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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 admired.
(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?
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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 he on the left side of the
distal phalanx.
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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 go 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 approxi- mately 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.
9
731-220 O--64--vol.IV----2
Page 10
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. l--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.
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Page 11
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. 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?
Mr. LATONA. Ridge counting from 5 to 6. ,That is in the latent print.
We must find the same situation in the inked print. Counting from point No. 5 the ridges
which intervene, one, two, three, and then we count four, the point itself. There is the
bifurcation right here.
Mr. EISENBERG. Mr. Latona, in making these ridge counts, do you also
pay attention to the so-called, let's say, geographical relation, the spacial relation of
the two points?
Mr. LATONA. Very definitely. Now, it does not always follow that the
so-called geographical position will coincide exactly the same. That would be caused
because of variations in the pressure used when the print was made. For example, when you
make a print on a fingerprint card: when the inked print was made, the print was made for
the specific purpose of recording all of the ridge details. When the print was left on the
paper bag, it was an incidental impression. The person was not trying to leave a print In
fact, he probably did not even know he left one. So the pressure which is left, or the
position of the finger when it made the print, will be a little different. Accordingly the
geographical area of the points themselves will not always coincide. But they will be in
the general position the same.
Mr. EISENBERG. Mr. Latona, without going into detail, there are some
apparent dissimilarities on the two sides of that chart. Can you explain why there should
be apparent dissimilarities?
Mr. LATONA. The dissimilarities as such are caused by the type of
material on which the print was left, because of the pressure, because of the amount of
material which is on the finger when it left the print. They would not always be exactly
the same. Here again there appears a material difference in the sense there is a
difference in coloration. This is because of the fact that the contrast in the latent
print is not as sharp as it is in the inked impression, which is a definite black on
white, whereas here we have more or less a brown on a lighter brown.
Mr. EISENBERG. Now, Mr. Latona, when you find an apparent dissimilarity
between an inked and a latent print, how do you know that it is caused by absorption of
the surface upon which the latent print is placed, or by failure of the finger to exude
material, rather than by the fact that you have a different fingerprint?
Mr. LATONA. That is simply by sheer experience.
Mr. EISENBERG. Would you say, therefore, that the identification of a
fingerprint is a task which calls for an expert interpretation, as opposed to a simple
point-by-point laying-out which a layman could do?
Mr. LATONA. Very definitely so; yes.
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Page 12
Mr. EISENBERG. How much training does it take before you can make an
identification?
Mr. LATONA. Well, I cannot tell you exactly how much in terms of time,
insofar as what constitutes an expert. I can simply tell you what we require of our people
before they would be considered experts.
Mr. EISENBERG. Yes, could you do that?
Mr. LATONA. We require our people before they would be----
Mr. DULLES. This is the FBI?
Mr. LATONA. Yes; this is the FBI. It would be 10 years of practical
work in connection with the classifying and searching and verifying of regular fingerprint
cards which bear all 10 prints. Those prints would be searched through our main
fingerprint files. That means that that person would have to serve at least 10 years doing
that. Of course, he would have to progress from the mere searching operation to the
operation of being what we call unit supervisor, which would check--which would be
actually the checking of the work of subordinates who do that work. He would be
responsible for seeing that the fingerprints are properly searched, properly classified.
Mr. EISENBERG. And how long will he work in the latent fingerprint
section?
Mr. LATONA. He would have to take an adaptability test, which would
take 3 or 4 days, to determine, first of all, do we feel he has the qualifications for the
job. Then if he passed the adaptability test, he would receive a minimum of 1 year's
personal training in the latent fingerprint section--which means that he would have to
serve at least 11 years in fingerprint work constantly, day in and day out, 8 hours a day
in fingerprint work, before we would consider him as a fingerprint expert for purposes of
testifying in a court of law.
Mr. EISENBERG. So that when you show us this chart, this is actually,
or I should say, is this actually a demonstration, rather than a chart from which we could
make an identification?
Mr. LATONA. That's right. The purpose is simply a hope on my part that
by my explanation you may have some idea as to how a comparison is made, rather than for
me to prove it to you through these chars, because unquestionably there are certain points
that you will not see which to me are apparent.
Mr. EISENBERG. Now, Mr. Latona----
Mr. DULLES. May I ask a question? Is this ridge formation, sort of two
ridges coming together, is that one of the most distinctive things you look for? I note on
these charts, Exhibit 634, the various examples you have given us have been of one type so
far.
Mr. LATONA. Two.
Mr. DULLES. I did not get the two. I get the two ridges coming together
with sort of the ending of a valley. You were saying there were two distinctive things. I
have only. caught so far one distinctive thing--that is the two ridges coming together in
a kind of valley with no exit.
Mr. LATONA. Two that come together, like a fork. And the other one was
the one that just ends by itself--does not join.
Mr. EISENBERG. Which is an interrupted ridge?
Mr. DULLES. I do not get the distinction.
Mr. EISENBERG. Is that an interrupted ridge you just described?
Mr. LATONA. What we call an ending ridge.
Mr. EISENBERG. Off the record.
(Discussion off the record.)
Mr. EISENBERG. Back on the record. Mr. Latona, could you prepare a
diagram which would show some of the characteristics, in broad outline, which we have been
discussing, and have those labeled, and could you submit that diagram to us at a future
date?
Mr. LATONA. Yes; I could.
Mr. EISENBERG. We will append it to your testimony, so that your
testimony may be more easily followed in the record---with the permission of the Chairman.
Representative FORD. It will be prepared and submitted and included in
the record.
(The item referred to was later supplied and was marked Commission
Exhibit No. 634A.)
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Page 13
Mr. LATONA. Well, if you could give me your indulgence, I could do it
right here as fast as I did it on the board.
Representative FORD. Off the record.
(Discussion off the record.)
Representative FORD. Back on the record.
Mr. DULLES. These, I understand, are the particular distinguishing
points, the points that you would look for to determine whether the latent print----
Mr. LATONA. Not so much the looking for the points, as to finding
points having a relationship to each other. It is the relation that is the important
thing, not the point itself. In other words, all of us would have to a certain extent
these points.
Mr. DULLES. They have to be in the same relation to each other.
Mr. LATONA. That is correct. For example, on the illustration I have
here----
Mr. EISENBERG. This is an illustration on the blackboard.
Mr. LATONA. The mere fact that this is an ending ridge and bifurcation
and another ending ridge and a dot in themselves mean nothing. This is a type of pattern
which is referred to as a loop, which is very common. These comprise approximately 65
percent of pattern types. It has four ridge counts, for example. You can find hundreds of
thousands and millions of four-count loops. But you would not find but one loop having an
arrangement of these characteristics in the relation that they have. For example, the
enclosure is related to this ending ridge. This ending ridge is related by one ridge
removed from the dot. This bifurcation is next to the so-called core which is formed by a
red, the ending ridge.
The points themselves are common. The most common type of points are
the ending ridge and the bifurcation. Those are the two points we have covered so far.
Mr. EISENBERG. Mr. Latona, I see that you have marked nine
characteristics on your chart. Are these all the characteristics which you were able to
find----
Mr. LATONA. On this particular chart; yes. They were the only ones that
bore actually, there is still one more characteristic--there could have been 10.
Mr. EISENBERG. Now, is there any minimum number of points that has to
be found in order to make an identification, in your opinion?
Mr. LATONA. No; in my opinion, there are no number of points which are
a requirement. Now, there is a general belief among lots of fingerprint people that a
certain number of points are required. It is my opinion that this is an erroneous
assumption that they have taken, because of the fact that here in the United States a
person that qualifies in court as an expert has the right merely to voice an opinion as to
whether two prints were made by the same finger or not made. There are no requirements,
there is no standard by which a person can say that a certain number of points are
required--primarily because of the fact that there is such a wide variance in the
experience of men who qualify as fingerprint experts.
Mr. EISENBERG. Mr. Latona, you said that not all experts are in
agreement on this subject. Is there any substantial body of expert opinion that holds to a
minimum number of points, let's say, 12?
Mr. LATONA. In the United States, to my knowledge, I know of no group
or body that subscribe to a particular number. Now, quite frequently some of these
departments will maintain a standard for themselves, by virtue of the fact that they will
say, "Before we will make an identification, we must find a minimum of 12 points of
similarity."
I am quite certain that the reason for that is simply to avoid the
possibility of making an erroneous identification. Now, why they have picked 12--I believe
that that 12-point business originated because of a certain article which was written by a
French fingerprint examiner by the name of Edmond Locard back in 1917, I think--there was
a publication to the effect that in his opinion where there were 12 points of similarity,
there was no chance of making an erroneous identification. If there were less than 12, he
voiced the conclusion that the chances would increase as to finding duplicate prints.
Now, today we in the FBI do not subscribe to that theory at all. We
simply say this: We have confidence in our experts to the extent that regardless of the
number of points, if the expert who has been assigned to the case for purposes
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Page 14
of making the examination gives an opinion, we will not question the number of points. We
have testified--I personally have testified in court to as few as seven points of
similarity.
Mr. DULLES. But you would not on two, would you?
Mr. LATONA. No, sir; because I know that two points, even though they
would not be duplicate points, could be arranged in such a fashion that it might possibly
give me the impression that here are two points which appear to be the same even though
they are are not.
Mr. DULLES. But it is somewhere between two and seven--somewhere in
that range?
Mr. LATONA. That is right. Where that is, I do not know. And I would
not say whether I would testify to six, would I testify to five, would I refuse to testify
to four.
Mr. DULLES. You say you would--or would you?
Mr. LATONA. I don't know. That's a question I could not answer. I would
have to see each case individually before I could render a conclusion.
Now, going outside of the United States, we have been approached--I
mean the FBI--have been approached by other foreign experts in an attempt to set a
worldwide standard of 16 characteristics, a minimum of 16, as opposed to 12, which is
generally referred to by people in this country here. Now of course we would not subscribe
to that at all. And I think----
Mr. DULLES. That would be 16 on the fingerprint of the same finger?
Mr. LATONA. That's right.
Mr. DULLES. Obviously, if you have two fingers that would alter the
number--if you had three on one and two on the other, would you consider that five?
Mr. LATONA. We would.
Now, whether the foreign experts would not, I don't know. In other
words, if we were to go along with this European theory of 16 points, we would not testify
to this being an identification. That is really what it would amount to. Yet to me, in my
mind, there is no question that these prints here----
Mr. EISENBERG. Which is what exhibit?
Mr. LATONA. The enlargements in Exhibit 634 are simply reproductions of
the left index fingerprint of Lee Harvey Oswald.
Representative FORD. There is no doubt in your mind about that?
Mr. LATONA. Absolutely none at all. The fact that there are only the
nine points charted--and I feel this way, it is purely a matter of experience. They simply
do not have the experience that we have in the FBI. The FBI has the world's largest
practical fingerprint file. We receive on an average of 23,000 to 25,000 cards a day which
are processed within a 3-day period.
Mr. DULLES. In a 3-day period?
Mr. LATONA. In a 3-day period.
Mr. DULLES. And by processed do you mean they are filed according to
certain characteristics?
Mr. LATONA. They are. At first they are recorded as having been
received from a particular agency, as to the number that we have received, as to the type
of the card. Then they are checked to see if the impressions which are on the fingerprint
card are complete and legible, that they are placed in their proper sequence, that is they
are properly classified.
Then they are checked through our files to see if the person has or has
not a prior criminal record. Then a reply is prepared and forwarded to the contributor.
That is done in a 3-day period.
Mr. DULLES. How old is the art, roughly?
Mr. LATONA. Insofar as this country is concerned, I would say back to
1903, when the first fingerprint file for purposes of classification and filing was set up
in this country in New York.
Mr. DULLES. Did it start in France?
Mr. LATONA. No. Really, I daresay the English were probably as early as
any, or even down to South America--you have in Argentina the setting up of fingerprint
files as early as 1891. For a long time we never recognized the fact that Argentina had a
fingerprint file. I think it is primarily because all of the works on fingerprinting were
written in Spanish, and it was just a question of finding somebody to take the time and
effort to translate it into English.
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Page 15
The French are credited with the so-called Bertillon system, which is a
measurement of the bone structure of the body. Alphone Bertillon was a French----
Mr. DULLES. Didn't Bertillon go into fingerprints later?
Mr. LATONA. Very reluctantly. He was very reluctant to accept it. He
was a sort of diehard. He felt that his method, the measurement of certain bones of the
body, would not change after a person reached the adult stage. But we know that that is
not true. There is a change because of age, disease, dissipation. A person that was once
6'2" may, because of the fact he is getting older, hump down a little more and
instead of being 6'2" he might be 5'11". Certain bone structures over the years
make certain changes--plus the fact that his system was not a good system in that certain
allowances had to be made because of the way that people were measured.
Sometimes one operator might measure the bones of the arm, for example,
too tight, and another too loose. And they used the metric system of measurement, which in
terms of their measuring might sometimes mean that the same person would not measure the
same bone the same way twice.
We have the celebrated case here which we refer to as the Will West
case, here in the United States, in which a man was sentenced to the penitentiary in
Leavenworth. He was a colored man by the name of Will West. The operator there, going
through the mechanics of taking the various measurements and his photograph, said, "I
see you are back here again." The man said, "No, this is the first time I have
been to Leavenworth." The operator was certain he had measured and photographed this
man before. He went to check his records and he came up with a prior record which
disclosed a Will West who had practically the same Bertillon measurements as the man
currently being examined.
He said, "Isn't this you?" And he showed him a picture. He
looked at the picture and recognized the picture as being one of himself. He said,
"Yes, that is me, but I have never been here before."
They checked the records and found still there in the penitentiary was
another Will West who looked almost exactly like a twin. But they were not even related.
Their features were the same, their measurements were the same, but then their
fingerprints were completely different.
If they made that error that one time, how many other times could the
same error have been made? And accordingly, we here in the United States, around 1903--the
Bertillon method was slowly put out of use. It became obsolete.
Bertillon, before he died, conceded that fingerprints was a good means
of identification, and he very reluctantly conceded that the two systems, his method and
fingerprints together, would be an absolute means of identification.
We completely did away with the Bertillon system. In fact, the FBI
never used it. We started our fingerprint work years after all that had been resolved,
back in 1924.
On July 1, 1924, that is actually when the FBI went into the
fingerprint business.
Mr. DULLES. Thank you very much. I found that very interesting.
Representative FORD. Go ahead, Mr. Eisenberg.
Mr. EISENBERG. Mr. Latona, did you also prepare a chart showing a
comparison of the latent and known left-index fingerprint of Lee Harvey Oswald found on
the paper bag, Exhibit 626?
Mr. LATONA. The left index finger. That is the one we just discussed.
Mr. EISENBERG. I'm sorry--the right palmprint.
Mr. LATONA. Right.
Mr. EISENBERG. And before we go any further, I should state for the
record that the exhibit we have been referring to as 626 was earlier introduced as 142,
and it is 142.
Mr. DULLES. Off the record.
(Discussion off the record.)
Mr. DULLES. Back on the record.
Mr. EISENBERG. Also, before we get to the palmprint----
Mr. DULLES. Just a moment. It seems to me it would be well to have for
the files of the Commission copies of the earlier fingerprints of Lee Harvey Oswald that
were taken, and the time that they were taken.
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Page 16
Mr. EISENBERG. I agree, sir. Mr. Latona----
Mr. LATONA. Do I understand you are asking----
Mr. EISENBERG. I will develop this on the record.
Mr. Latona, you had earlier submitted to us, and we had marked as an
exhibit, copies of fingerprint cards and two palmprint cards which were made up by the
Dallas police and forwarded to you, received by you from your Dallas office; is that
correct?
Mr. LATONA. Yes, sir.
Mr. EISENBERG. Now, in. addition, did the Federal Bureau of
Investigation have in its files prints of Lee Harvey Oswald which it had received at some
earlier date, prior to November 22?
Mr. LATONA. Yes, sir; I believe there is a Marine Corps print.
Mr. EISENBERG. Would these prints have been taken by the FBI?
Mr. LATONA. No; they would not.
Mr. EISENBERG. They were taken by----
Mr. LATONA. The regular service.
Mr. EISENBERG. And forwarded to the FBI?
Mr. LATONA. That's right.
Mr. EISENBERG. Did you compare the 10-finger card which you received
from the Dallas office of the FBI and compare it with the Marine fingerprint card?
Mr. LATONA. Yes, sir.
Mr. EISENBERG. Were they identical?
Mr. LATONA. They were the same.
Mr. EISENBERG. Were the palmprints taken by the Marines?
Mr. LATONA. No; not to my knowledge.
Mr. EISENBERG. Could you submit to us a copy of the 10 -print card
which you received from the Marine Corps?
Mr. LATONA. Yes; I could.
Mr. EISENBERG. With the Chairman's permission, that will be appended as
an exhibit to Mr. Latona's testimony.
Representative FORD. Do you wish to identify it by a number at this
time?
Mr. EISENBERG. Yes. If we could give it a number in advance of
receiving it, I would like to give it Commission Exhibit No. 635.
(The item referred to was later supplied and was marked Commission
Exhibit No, 635.)
Representative FORD. It will be admitted.
Mr. DULLES. Do you know whether any fingerprints were taken after Lee
Harvey Oswald returned from the Soviet Union?
Mr. LATONA. Those after he was arrested in connection with this
particular offense.
Mr. DULLES. Apart from the fingerprints obtained in connection with the
assassination.
Mr. LATONA. I do not.
Mr. DULLES. Do you have a right to go to anybody and demand their
fingerprints?
Mr. LATONA. No.
Mr. DULLES. Under law?
Mr. LATONA. No, sir; only persons taken into custody for Federal
violations as such. Now, the FBI has actually no authority at all, except in cases of
making an arrest.
Mr. DULLES. There is nothing done in connection with the census or
anything of that kind?
Mr. LATONA. No, sir. Some persons are ordered, by virtue of being
aliens, to be fingerprinted those that are domiciled here in the United States must
register under the Alien Registration Act.
Mr. DULLES. And fingerprints then are taken of aliens in connection
with their registration?
Mr. LATONA. That's right.
Mr. DULLES. Otherwise there is no general procedure for the taking of
anybody that you may happen to want to take?
Mr. LATONA. The Services, of course, require it. Applicants for certain
positions are required by law. For example, all civil service, Federal civil service
16
Page 17
applicants must be fingerprinted. Locally, there are certain local eases. For example a
man may in some localities, if he even applies for a chauffeur's license, has to be
fingerprinted. If he desires a gun permit, he has to be fingerprinted. In some places, if
he applies for certain jobs he must be fingerprinted.
Mr. DULLES. As I recall, I gave a fingerprint when I got my automobile
license. Is that general throughout the United States?
Mr. LATONA. What State was that?
Mr. DULLES. Here in the District. Didn't I give that?
Mr. LATONA. No, sir. To my knowledge, there are none that require
it---- fingerprinting--for an automobile license. In California I believe it is
voluntary---to place the finger, if you desire to, on your card.
Mr. DULLES. Thank you very much.
Mr. EISENBERG. Mr. Latona, Exhibit 630, which is one of the known
10-print cards submitted by the Dallas office, is marked "Refused to sign" in
the box with the printed caption "Signature of person fingerprinted." Do you
recall whether Lee Harvey Oswald signed the Marine Corps card?
Mr. LATONA. Offhand, I do not.
Mr. EISENBERG. I think it would be interesting, for the record, to see
if that is signed, and, of course, as we read the record and get the card, we will be able
to note that information.
We were discussing whether you had made a chart of the known and latent
right palmprint of Lee Harvey Oswald found on Exhibit 142, as I will refer to it from now
on.
Mr. LATONA. I believe I have already furnished you mailer photographs.
Mr. EISENBERG. Yes; you have. Those have been marked into evidence.
Mr. LATONA. This is the inked--the right inked palmprint, a photograph
of the right inked palmprint of Lee Harvey Oswald.
Mr. EISENBERG. You say "this." Can you identify that exhibit?
It is 631. I am handing you Exhibit 632.
Mr. LATONA. Exhibit 632 is approximately a time and a half enlargement
of the latent palmprint which was developed on the brown wrapper.
Mr. EISENBERG. That is Exhibit 142.
Mr. LATONA. Exhibit 142--which is indicated by the red arrow A.
Mr. EISENBERG. Did you prepare this chart, Mr. Latona?
Mr. LATONA. Not personally, no. This was made under my personal
direction and supervision.
Mr. EISENBERG. And is it an accurate reproduction of the known and
latent prints which were earlier introduced into evidence?
Mr. LATONA. It is. It is a true and faithful reproduction of these
areas, enlarged to approximately eight times the originals.
Mr. EISENBERG. May I have this introduced into evidence as 636, Mr.
Chairman?
Representative FORD. It will be introduced.
(The item referred to was marked Commission Exhibit No. 636 and
received in evidence.)
Mr. DULLES. May I ask whether this was discovered immediately after the
assassination---at what time did you discover this particular palmprint?
Mr. LATONA. It was on the 23d of November, the day after.
Mr. EISENBERG. Using this chart, 636, Mr. Latona, could you demonstrate
to us some of the points which led you to the conclusion that the latent palmprint on 142
was the palmprint of Lee Harvey Oswald?
Mr. LATONA. The procedure in making this comparison was exactly the
same as the procedure followed in connection with making the prior examination of the
fingerprint. Now, the area which shows in approximately an eight-time enlargement, and is
marked "Latent Palmprint Developed on Brown Homemade Paper Container," which is
Exhibit 636, is roughly outlined on Commission Exhibit 631 in red, which is a photograph
of the inked right palmprint of Lee Harvey Oswald.
This area below the little finger, or what we referred to as the ulnar
portion of the palm--now, in making the examination or comparison, here again first of all
I would like to point out that there is a black line that goes right through--in an upward
fashion-- through the enlargement of the latent fingerprint. That line is caused by virtue
of the fact that the palmprint which is developed is
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partially on a piece of tape as well as the wrapper itself. In other words, a part of the
print is on a piece of tape and the other part is on the paper itself.
Mr. EISENBERG. Mr. Latona, could you show how the palm lay on the paper
to produce that impression?
Mr. LATONA. The palm lay in this fashion here.
Mr. EISENBERG. You are putting your right hand on the paper so that the
fingers are pointing in the same direction as the arrow A?
Mr. LATONA. That's right.
Mr. EISENBERG. And it is at approximately right angles to the paper
bag?
Mr. LATONA. That's right.
Here again, in making the comparison, a check is made for the location
of certain points.
Now, we notice here that the points appear to be much closer than they
were in the fingerprint, and that is probably because of the pressure which was exercised,
possibly in holding the object which was in this paper container.
Now, you notice this point No. 1 here, which we term the ending ridge.
Point No. 2 is also an ending ridge. And you notice in between these points there is a
ridge. Point No. 2 is to the left of point No. 1.
Then we find there is a point No. 3 which is a point which is similar
in character to point-No. 2 and is almost directly below, but there are two intervening
ridges. Then there is a point No. 4 which is below point No. 3, and going in a direction
opposite from point No. 3.
If we bear those four points in mind--and if the latent palmprint was
made by the same palm that made the inked palmprint-- then we should find these four
points in that position over there.
Now, in order to first of all find the particular area where-we would
look to see if those points exist, we would bear in mind the general formation of the
print itself. We notice the so-called looping formation in the inked print. We see that
there is a looping formation here. Definitely it is not as pronounced in the latent print
as it is in the inked print. But to the experienced eye, it is right here.
Accordingly, bearing in mind where these points would occur, we would
generalize in the area to the extreme right of the enlargement, and find that there is a
point which is somewhat similar to the point which appears in the inked impression, which
momentarily we would say appears to be the same point as No. 1.
Now, hearing in mind how No. 2 is related to point No. 1, does such a
point appear in the latent print? And making the check, exactly in the same fashion and
relationship that occurred in the inked print, we find that there is such a point.
Does a third point appear in the same relationship to point No. 2 as it
appears in the inked print?
Counting down one, two, and then the three point being the point
itself. And in the same general flowing direction we count here, one, two, three--there it
is.
Bearing in mind again that we found point No. 4 is what we refer to as
a bifurcation going in the opposite direction from No. 3, which was directly below and to
the left, do we find such a point here? Sure enough, there it is.
Now, an additional test would be this: At this point here we notice
there is an abrupt ending of a ridge at this point here. It was not even charted. The fact
is, it also occurs here. You see this point here, through which there is no line drawn,
here it is right here---
Mr. EISENBERG. You are pointing above 4?
Mr. LATONA. Directly above 4 to a ridge going--what we term flowing to
the right. Now, at this point here, to a fingerprint examiner of any experience at all, he
would start saying these prints were probably made by the same fellow. To satisfy himself,
he would continue to point No. 5--one, two, three, four--there is point No. 5. Then there
is No. 6, and there is No. 6 here, having exactly the same relationship to each other.
On the basis of those six points alone, I would venture the opinion
that these palmprints were made by the same person. But for purposes of carrying it out
further, here is point No. 7. Point No. 7 is obliterated to a certain degree
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to the inexperienced eye by virtue of the fact that it almost coincides with that line
there. You probably do not see that. And here is point No. 8, which is related to point
No. 7 by the separation of those ridges in the same way. One, two, three, four----one,
two, three, four. In its relationship to No. 9 here---just above and to the left, flowing
in the same general direction. Here it is here. Then your point No. 10, which is tied into
point No. 11 in this fashion here, and 12 and 13. All of them have the same relationship
insofar as the intervention of ridges is concerned, the same general area, plus the fact
that they all flow in the same general direction.
Picking up No. 14, which is going upward, to point No. 15, which stands
out rather easily--15 here. To throw in just one point extra--see this little point here,
that ends here?
Mr. EISENBERG. That is to the upper right of 15?
Mr. LATONA. To the right and upward of 15.
Mr. DULLES. So you really have 16 points there?
Mr. LATONA. Actually, there are more than that in here, which I have
not even bothered to chart. The opinion here, without any question at all this latent
print, which was developed on the brown bag marked "A"--142 was made by the
right palm of Lee Harvey Oswald. And in my opinion, this identification is absolute. There
is no question at all that only the right palm of Lee Harvey Oswald made this print, or
could have made it.
Mr. EISENBERG. Are there any further questions on the prints appearing
on this bag?
Representative FORD. Mr. Murray?
Mr. MURRAY. May I suggest this, Mr. Chairman? Since the print on the
bag may become obliterated, and since members of the Commission have already seen it, it
might be advisable to put on the record that they have seen it, because in time to come it
may not be visible to anybody.
Representative FORD. Well I for one would be willing to state that I
have personally seen that fingerprint through a glass on the bag--both the finger and the
palm.
Mr. DULLES. I would be. glad to concur that I also have seen the
fingerprint and the palmprint to which Congressman Ford refers.
Mr. EISENBERG. In that general connection, Mr. Latona, do you commonly
make your fingerprint identifications on the basis of the object on which the latent print
appears, or on the basis of a photograph of that object?
Mr. LATONA. Normally it is made on the basis of photographs. We work
more or less like an assembly-line basis, and we do not have the time or the opportunity
to work from the originals, as was done in this case this being quite an exceptional case.
So the usual identification would be made this was made on the basis of the bag itself,
rather than to wait and get finished photographs from our photographic laboratory.
If I recall correctly, this was on a Saturday---the 23d?
Mr. EISENBERG. Yes; it was.
Mr. LATONA. We did not have our full staff there. We were called in to
handle this case specially. There were no photographers available at that time for that
particular purpose. Frankly, under the circumstances it would not have made any difference
whether they were available or not. This had a priority over everything we were working on
and naturally we had to proceed as fast as we could, in a sense, to render conclusions and
opinions at that time.
Accordingly, the original comparisons were made directly from the
wrapper, rather than a photograph, which was prepared subsequently to this.
Representative FORD. The suggestion has been made, Mr. Murray, that
perhaps you would like to look at that palmprint and the fingerprint on the wrapping, and
you might make a statement the same as Mr. Dulles and I have made.
Mr. EISENBERG. Could you point out to Mr. Murray, Mr. Latona, the two
prints?
Mr. LATONA. Yes, sir. "A" is the fingerprint.
Mr. DULLES. And the witness certifies that these are true photographs
of the fingerprint and the palmprint that you have exhibited?
Mr. LATONA. Yes, sir.
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Page 20
Mr. MURRAY. May I say for the. record, Mr. Chairman, that I definitely
and clearly saw what appeared to me to be a palmprint in the port of Exhibit 142 which was
designated with a "B," and less clearly, but nevertheless I did see, the
fingerprint on the other portion of the bag.
Mr. EISENBERG. Mr. Latona----
Mr. LATONA. "B" is the finger, and "A" is the palm.
Mr. MURRAY. Yes; that's correct. And the palm "A"--there I
definitely saw what appeared. to be a palmprint, and more faintly I saw a fingerprint in
the portion marked "B."
Mr. DULLES. And these are exhibits----
Mr. EISENBERG. This is Exhibit 142.
(At this point Representative Boggs entered the hearing room.)
Mr. DULLES. Both the palmprint and the fingerprint are on Exhibit 142.
Mr. EISENBERG. Yes--marked "A" and "B"
respectively.
Mr. Latona, one further question on this subject. When you testify in
court, do you frequently testify on the basis of the photographs rather than the original
object?
Mr. LATONA. If the originals are available, I would prefer that they
be. brought into court. If they are not, then photographs are used--plus the original
negative of the latent prints which were photographed.
Mr. EISENBERG. Now, Mr. Latona, I hand you Commission Exhibit 139
which, for the record, consists of the rifle found on the sixth floor of the TSBD
building, and which ,was identified yesterday as the rifle and the day before
yesterday--as the rifle which fired the fatal bullets, and I ask you whether you are
familiar with this weapon?
Mr. LATONA. Yes; I am.
Mr. EISENBERG. And did you examine this weapon to test--did you examine
this weapon to determine whether there were any identifiable latent fingerprints on it?
Mr. LATONA. I examined the weapon to determine whether there were any
identifiable latent prints on the weapon.
Mr. EISENBERG. When did you receive the weapon?
Mr. LATONA. On the morning of November 23, 1963.
Mr. EISENBERG. And when did you proceed to make your examination?
Mr. LATONA. I proceeded to make my examination that same day that I
received it.
Mr. EISENBERG. Can you tell us what techniques you used?
Mr. LATONA. Well, the technique that I used first was simply to examine
it visually under a magnifying glass, a hand magnifying glass, primarily for the purpose
of seeing, first of all, whether there were any visible prints. I might point out that my
attention had been directed to the area which we refer to as the trigger guard on the left
side of the weapon, Commission Exhibit 139.
Mr. EISENBERG. The trigger-guard area?
Mr. LATONA. The trigger-guard area.
Mr. EISENBERG. Which actually, in the case of this particular weapon,
is the area in which the magazine is inserted at the 'top; is that correct? You are
looking at the weapon now, and the magazine comes out the bottom of what is called the
trigger-guard area, which would be a trigger guard on another weapon.
Mr. LATONA. That's correct. There had been placed over that area a
piece of cellophane material. My attention had been directed to it, to the effect that a
prior examination had been made of that area, and that there were apparently certain
latent prints available visible under that area. I first examine most prints to see----
Mr. DULLES. Who placed the cellophane material there, in your opinion?
Mr. LATONA. Well, I was told--my information was simply that the Dallas
Police Department had done so. I have no personal knowledge as to who did it, other than
information that the Dallas Police had examined the weapon and they had found these
visible marks on there, that they had developed the prints.
Now, by what means they did it, I do not know, but I would assume they
used a gray powder.
Mr. DULLES. What was the purpose of putting the cellophane there?
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Page 21
Mr. LATONA. To protect the prints while the rifle was intransit to the
FBI.
Mr. EISENBERG. Now, when you received it with the cellophane cover,
what portion did it cover?
Mr. LATONA. Closest to the trigger area.
Mr. EISENBERG. On the trigger guard, closest to the trigger area?
Mr. LATONA. That's right.
Mr. EISENBERG. Was that on the right or left side of the weapon?
Mr. LATONA. Left side.
Mr. EISENBERG. And was there a print visible to you underneath the
cellophane?
Mr. LATONA. I could see faintly ridge formations there. However,
examination disclosed to me that the formations, the ridge formations and characteristics,
were insufficient for purposes of either effecting identification or a determination that
the print was not identical with the prints of people. Accordingly, my opinion simply was
that the latent prints which were there were of no value.
Now, I did not stop there.
Mr. EISENBERG. Before we leave those prints, Mr. Latona, had those been
developed by the powder method?
Mr. LATONA. Yes; they had.
Mr. EISENBERG. Was that a gray powder?
Mr. LATONA. I assumed that they used gray powder in order to give them
what little contrast could be seen. And it took some highlighting and sidelighting with
the use of a spotlight to actually make those things discernible at all.
Representative FORD. As far as you are concerned.
Mr. LATONA. That's right.
Mr. DULLES. Is is likely or possible that those fingerprints could have
been damaged or eroded in the passage from Texas to your hands?
Mr. LATONA. No, sir ; I don't think so. In fact, I think we got the
prints just like they were. There had, in addition to this rifle and that paper bag, which
I received on the 23d--there had also been submitted to me some photographs which had been
taken by the Dallas Police Department, at least alleged to have been taken by them, of
these prints on this trigger guard which they developed. I examined the photographs very
closely and I still could not determine any latent value in the photograph.
So then I took the rifle personally over to our photo laboratory. In
the meantime, I had made arrangements to bring a photographer in especially for the
purpose of photographing these latent prints for me, an experienced photographer--I called
him in. I received this material in the Justice Building office of operations is in the
Identification Division Building, which is at 2d and D Streets SW. So I made arrangements
to immediately have a photographer come in and see if he could improve on the photographs
that were taken by the Dallas Police Department.
Well, we spent, between the two of us, setting up the camera, looking
at prints, highlighting, sidelighting, every type of lighting that we could conceivably
think of, checking back and forth in the darkroom--we could not improve the condition of
these latent prints.
So, accordingly, the final conclusion was simply that the latent print
on this gun was of no value, the fragments that were there.
After that had been determined, I then proceeded to completely process
the entire rifle, to see if there were any other prints of any significance or value any
prints of value--I would not know what the significance would be, but to see if there were
any other prints. I completely covered the rifle. I also had a firearms man----
Representative BOGGS. What do you cover it with?
Mr. LATONA. Gray fingerprint powder.
Representative BOGGS. What is that powder?
Mr. LATONA. It is usually a combination of chalk and mercury, or
possibly white lead and a little bit of resin material to give it some weight.
Mr. EISENBERG. And you testified earlier that that adheres----
Mr. LATONA. To the moisture that was left by the finger, the fingers or
the hands, when it came in contact with the surface.
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Page 22
Representative BOGGS. How long will that condition remain?
Mr. LATONA. Going from one extreme to the other, it may remain for
years; under other circumstances, it may not even last for 15 or 20 minutes.
Representative BOGGS. Why the difference?
Mr. LATONA. Because of the amount of material which was left and the
condition of the material which was left. Basically, the material may be made up of
protein material and salt and water--primarily water. If it is totally water, with very
little salt or oily material, when the evaporation is effected, then it is complete--there
Will be nothing left.
Representative BOGGS. You mean that it is gone?
Mr. LATONA. Right. On the other hand, if there is an oily matter there,
we know that latent prints will last literally for years on certain objects.
Representative BOGGS. Well, just for purposes of information, if I make
fingerprints there on the table, how long would they normally last?
Mr. LATONA. I don't know.
Representative BOGGS. Well, would there be any way to know?
Mr. LATONA. No, sir.
Mr. DULLES. It depends on temperature, on the amount of moisture
involved? What does it depend on?
Mr. LATONA. First of all, I saw him touch it, but I am not even sure he
left a print there.
Representative BOGGS. Well, I can see it.
Mr. LATONA. As to the quality of the print, there again it is simply a
matter of what material you have in your hands that made that print, as to how long it
will last, how long it will take for it to evaporate.
Actually, when it dries out, it may, in itself, leave a print with such
clarity that it would not even though it would not accept the powder, still by
highlighting it, the way you did to see that the print was there, we could photograph it
so it would come out just as clear as though it were black on white.
Representative BOGGS. Does the material that one touches have any
effect?
Mr. LATONA. Very definitely. It depends on how hard or smooth the
material is.
Representative BOGGS. Now, does a weapon lend itself to retaining
fingerprints?
Mr. LATONA. This particular weapon here, first of all, in my opinion,
the metal is very poorly finished. It is absorbent. Believe it or not, there is a certain
amount of absorption into this metal itself. It is not finished in the sense that it is
highly polished.
Representative BOGGS. So this would be conducive to getting a good
print, or would it?
Mr. LATONA. It would not.
Representative BOGGS. I see---because it would absorb the moisture.
Mr. LATONA. That's right. Now, there are other guns--for example, Smith
and Wesson, which have exceptionally nice finishes, the blue metal finishes are better
surfaces for latent prints. Where you have a nickel-plated or silver-plated revolvers,
where it is smooth--they are much more conducive to latent prints than some of these other
things, say like the army type, the weapons used in wartime that are dull, to avoid
reflection--things of that type--they are not as good.
Mr. DULLES. I wonder if you would like to look at the fingerprints we
have gone over. They are quite apparent there with the glass.
Representative BOGGS. I would like to look at them. That is all I want
to ask right at the moment.
Mr. DULLES. I would like to ask a general question.
Mr. LATONA (addressing Representative Boggs). This is one of the
fingerprints developed on the brown wrapper. It is this print here.
Mr. DULLES. You can see these prints quite clearly, and the palmprint.
Representative BOGGS. This is a photograph of that?
Mr. LATONA. This is approximately a time and a half enlargement. This
is the left index finger. Here is the palmprint that was developed.
Representative FORD. Mr. Boggs each of us here, Mr. Dulles, Mr. Murray,
and myself, have said on the record that we have seen the prints on the wrapping.
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Page 23
We did this because, as Mr. Latona has indicated, such prints may disappear over a period
of time. We thought it might be well for the record to indicate that we saw them. If you
wish to do the same----
Representative BOGGS. I would like to do the same, having just seen it.
Mr. DULLES. The witness has certified to the fact that these are true
photographs of the prints that we have seen.
Representative BOGGS. And the witness has also certified that those are
Oswald's prints?
Mr. LATONA. No; I cannot certify to that.
Mr. EISENBERG. Do you want to explain that?
Mr. LATONA. As I am not the one that fingerprinted Oswald, I cannot
tell from my own personal knowledge that those are actually the fingerprints of Lee Harvey
Oswald.
Mr. EISENBERG. But you can certify that those prints are identical with
the prints on the card which bears the name of Lee Harvey Oswald which was furnished to
you?
Mr. LATONA. That is right.
Mr. EISENBERG. We will get other evidence in the record at a subsequent
time to show those were the prints of Oswald. Mr. Latona, you were saying that you had
worked over that rifle by applying a gray powder to it. Did you develop any fingerprints?
Mr. LATONA. I was not successful in developing any prints at all on the
weapon. I also had one of the firearms examiners dismantle the weapon and I processed the
complete weapon, all parts, everything else. And no latent prints of value were developed.
Mr. EISENBERG. Does that include the clip?
Mr. LATONA. That included the clip, that included the bolt, it included
the underside of the barrel which is covered by the stock.
Mr. EISENBERG. Were cartridge cases furnished to you at that time?
Mr. LATONA. They were, which I processed, and from which I got no
prints.
Mr. EISENBERG. Therefore, the net result of your work on Exhibit 139
was that you could not produce an identifiable print?
Mr. LATONA. That's correct.
Mr. DULLES. May I ask one question? Does the Secret Service do
fingerprinting work, or do they turn it over to you--turn to you for all of that?
Mr. LATONA. I think they do some of their own, and on occasion we will
do some for them, too. Primarily I think they do their own. I am not too familiar with the
Secret Service as to how elaborate their laboratory is.
Mr. EISENBERG. So as of November 23, you had not found an identifiable
print on Exhibit 139?
Mr. LATONA. That is right.
Mr. EISENBERG. I now hand you a small white card marked with certain
initials and with a date, "11-22-63." There is a cellophane wrapping, cellophane
tape across this card with what appears to be a fingerprint underneath it, and the
handwriting underneath that tape is "off underside of gun barrel near end of foregrip
C 2766," which I might remark parenthetically is the serial number of Exhibit 139. I
ask you whether you are familiar with this item which I hand you, this card?
Mr. LATONA. Yes; I am familiar with this particular exhibit.
Mr. EISENBERG. Can you describe to us what that exhibit consists of,
that item rather?
Mr. LATONA. This exhibit Or this item is a lift of a latent palmprint
which was evidently developed with black powder.
Mr. EISENBERG. And when did you receive this item?
Mr. LATONA. I received this item November 29, 1963.
Mr. EISENBERG. Before we go any further may I have this admitted into
evidence?
Representative FORD. It will be. What is the number?
Mr. EISENBERG. That will be No. 637.
(The document referred to was marked Commission Exhibit No. 637, and
received in evidence.)
Mr. EISENBERG. Mr. Latona, could you describe to us what a lift is?
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Page 24
Mr. LATONA. A lift is merely a piece of adhesive material which is used
for purposes of removing a print that has been previously developed on an object, onto the
adhesive material. Then the adhesive material is placed on a hacking, in this case which
happens to be the card. The adhesive material utilized here is similar to scotch tape.
There are different types of lifting material. Some of them are known as opaque lifters,
which are made of rubber, like a black rubber and white rubber, which has an adhesive
material affixed to it, and this material is simply laid on a print which has been
previously developed on an object and the full print is merely removed from the object.
Mr. EISENBERG. When you say "the print" is removed, actually
the powder----
Mr. LATONA. The powder that adhered to the original latent print is
picked off of the object.
Mr. EISENBERG. So that the impression actually is removed?
Mr. LATONA. That is right.
Representative FORD. Is that a recognized technique?
Mr. LATONA. Yes; it is.
Representative FORD. In the fingerprinting business?
Mr. LATONA. It is very common, one of the most common methods of
recording latent prints.
Mr. EISENBERG. Who did you get this exhibit, this lift from?
Mr. LATONA. This lift was referred to us by the FBI Dallas office.
Mr. EISENBERG. And were you told anything about its origin?
Mr. LATONA. We were advised that this print had been developed by the
Dallas Police Department, and, as the lift itself indicates, from the underside of the gun
barrel near the end of the foregrip.
Mr. EISENBERG. Now, may I say for the record that at a subsequent point
we will have the testimony of the police officer of the Dallas police who developed this
print, and made the lift; and I believe that the print was taken from underneath the
portion of the barrel which is covered by the stock. Now, did you attempt to identify this
print which shows on the lift Exhibit 637?
Mr. LATONA. Yes; I did.
Mr. EISENBERG. Did you succeed in making identification?
Mr. LATONA. On the basis of my comparison, I did effect an
identification.
Mr. EISENBERG. And whose print was that, Mr. Latona?
Mr. LATONA. The palmprint which appears on the lift was identified by
me as the right palmprint of Lee Harvey Oswald.
Mr. EISENBERG. Now, Mr. Latona, as I understand it, on November 23,
therefore, the FBI had not succeeded in making an identification of a fingerprint or
palmprint on the rifle, but several days later by virtue of the receipt of this lift,
which did not come with the weapon originally, the FBI did succeed in identifying a print
on Exhibit 139?
Mr. LATONA. That is right.
Mr. EISENBERG. Which may explain any inconsistent or apparently
inconsistent statements, which I believe appeared in the press, as to an identification?
Mr. LATONA. We had no personal knowledge of any palmprint having been
developed on the rifle. The only prints that we knew of were the fragmentary prints which
I previously pointed out had been indicated by the cellophane on the trigger guard. There
was no indication on this rifle as to the existence of any other prints. This print which
indicates it came from the underside of the gun barrel, evidently the lifting had been so
complete that there was nothing left to show any marking on the gun itself as to the
existence of such even an attempt on the part of anyone else to process the rifle.
Mr. DULLES. Do I understand then that if there is a lifting of this
kind, that it may obliterate----
Mr. LATONA. Completely.
Mr. DULLES. The original print?
Mr. LATONA. That is right.
Mr. EISENBERG. So that you personally, Mr. Latona, did not know
anything about a print being on the rifle which was identifiable until you received,
actually received the lift, Exhibit 637?
Mr. LATONA. On the 29th of November.
24
