In a previous article we highlighted a missing casing from the Lake Herman Road police report. It detailed nine shell casings retrieved from the crime scene and sent off for ballistics testing, despite the fact that ten shots were fired that night. Not only did the police sketches depict ten shots within the turnout (9 on the turnout floor and one on the front passenger floorboard of the Rambler), but so did the police report on page six, where it stated '10-shots (2 in car, 5 in back of female victim, 1 in male victim, 2 unaccounted)'. However, on page 9 of the police report it clearly states under #4 and #5 that only nine casings were turned over to responding officers. We know this to be true, because when the shell casings were tested and detailed in the Department of Justice ballistics report, only nine were submitted for examination.
The conclusion, was that coroner Dan Horan and Sergeant Silva only recovered the shell casings from the turnout floor (totaling 9), inadvertently leaving the tenth casing on the front passenger floorboard of the Rambler. This ultimately became separated from the other nine casings and was never sent for ballistics analysis. Therefore, we cannot know with any certainty that this shell casing can be linked to the other nine. It may have been fired from a second weapon or a second shooter. The Department of Justice report also stated that 'All bullets submitted were Western copper coated .22 long rifle bullets, although some were damaged, it was possible to determine ALL but Item [1] had 6 right hand groove class characteristics.' Bearing in mind item [1] was the bullet recovered from David Faraday's head, it therefore cannot be inextricably linked to the other bullets tested. When we consider the position of David Faraday when he was shot in the left side of his head (possibly by a right-handed shooter), it is not inconceivable that the shell casing ejected to the right and rear, into the open passenger side of the Rambler and onto the floorboard. We have an unmatched bullet and a missing shell casing that may be linked, both of which could be attributed to a second shooter. A murderer who may have secured the main threat that night, David Faraday.
The conclusion, was that coroner Dan Horan and Sergeant Silva only recovered the shell casings from the turnout floor (totaling 9), inadvertently leaving the tenth casing on the front passenger floorboard of the Rambler. This ultimately became separated from the other nine casings and was never sent for ballistics analysis. Therefore, we cannot know with any certainty that this shell casing can be linked to the other nine. It may have been fired from a second weapon or a second shooter. The Department of Justice report also stated that 'All bullets submitted were Western copper coated .22 long rifle bullets, although some were damaged, it was possible to determine ALL but Item [1] had 6 right hand groove class characteristics.' Bearing in mind item [1] was the bullet recovered from David Faraday's head, it therefore cannot be inextricably linked to the other bullets tested. When we consider the position of David Faraday when he was shot in the left side of his head (possibly by a right-handed shooter), it is not inconceivable that the shell casing ejected to the right and rear, into the open passenger side of the Rambler and onto the floorboard. We have an unmatched bullet and a missing shell casing that may be linked, both of which could be attributed to a second shooter. A murderer who may have secured the main threat that night, David Faraday.
How is it possible that during a double homicide investigation, a shell casing pivotal to the case, can 'vanish' between evidence retrieval and the ballistics testing? In addition, wasn't this questioned by either the police or the forensic investigators? To make matters worse, the shell casing wasn't the only crucial piece of evidence to go missing, and raises further questions on the validity of any conclusions drawn from the Lake Herman Road crime scene.
Betty Lou Jensen was shot five times in the back, which is not under dispute. The post mortem revealed that there were three exit wounds, while two bullets remained inside her body. The three exit wounds were described:
[1] The first is over the left interior chest laterally and left margin of the breast, in the 4th intercostal space and 5 and 1/2 inches from the sternum.
[2] The second is in the anterior abdominal wall, below the xyphoid process and 1/2 an inch from the midline.
[3] The third is laterally and 3 and 3/4 inches to the right of the umbilicus.
If there were three exit wounds, why were only two of these bullets described in the police report on page 9, and only two detailed in the Department of Justice report? On page 9 of the police report it clearly states under #2, #3 and #8, the following findings;
#2 Two pellets removed from victim, Betty Lou Jensen, during autopsy.
#3 Pellet found in pants of victim Betty Lou Jensen, at mortuary, during examination of the deceased. The pellet had entered the lower back, coursed through her body, emerging under the waist band elastic of her panties, where it was found.
#8 Pellet recovered near victim Betty Lou Jensen in blood spattered path on her attempted escape route. Pellet entered her body in the back and emerged from the center of her stomach and dropped to the ground without penetrating the front of her dress.
This describes only four of the five bullets fired into Betty Lou Jensen. Two were recovered from her body at autopsy, one bullet was found in her panties and one bullet was found along her flight path on the gravel turnout. So where is the fifth bullet?
The investigation described ten shell casings apparent in the Lake Herman Road turnout, and the police report on page six accepted ten shots were fired, but again, only seven of the eight bullets accounted for reached the ballistics laboratory for testing.
Betty Lou Jensen was shot five times in the back, which is not under dispute. The post mortem revealed that there were three exit wounds, while two bullets remained inside her body. The three exit wounds were described:
[1] The first is over the left interior chest laterally and left margin of the breast, in the 4th intercostal space and 5 and 1/2 inches from the sternum.
[2] The second is in the anterior abdominal wall, below the xyphoid process and 1/2 an inch from the midline.
[3] The third is laterally and 3 and 3/4 inches to the right of the umbilicus.
If there were three exit wounds, why were only two of these bullets described in the police report on page 9, and only two detailed in the Department of Justice report? On page 9 of the police report it clearly states under #2, #3 and #8, the following findings;
#2 Two pellets removed from victim, Betty Lou Jensen, during autopsy.
#3 Pellet found in pants of victim Betty Lou Jensen, at mortuary, during examination of the deceased. The pellet had entered the lower back, coursed through her body, emerging under the waist band elastic of her panties, where it was found.
#8 Pellet recovered near victim Betty Lou Jensen in blood spattered path on her attempted escape route. Pellet entered her body in the back and emerged from the center of her stomach and dropped to the ground without penetrating the front of her dress.
This describes only four of the five bullets fired into Betty Lou Jensen. Two were recovered from her body at autopsy, one bullet was found in her panties and one bullet was found along her flight path on the gravel turnout. So where is the fifth bullet?
The investigation described ten shell casings apparent in the Lake Herman Road turnout, and the police report on page six accepted ten shots were fired, but again, only seven of the eight bullets accounted for reached the ballistics laboratory for testing.
Below are the items submitted for testing, as reported by the Department of Justice. As one can see, only seven bullets were submitted, whereas above we clearly have eight.
The police report states that two bullets were unaccounted for (presumably the missed shots that night) - but now we have three unaccounted for, including the one that exited Betty Lou Jensen. That is two key pieces of ballistic evidence currently missing in relation to the crime scene at Lake Herman Road.
The Department of Justice report has two important pieces of information. Firstly, it states 'Intercomparison of the cartridge cases in items 4 and 5 indicates that all are probably fired in the same weapon and all are the same make and type of ammunition. Due to lack of sufficient unique structure it appears that considerable difficulty will be encountered in identifying the responsible weapon if it should be recovered.' The cartridge cases, in essence, could be used to rule out a particular gun, which they did many times, including the weapons of Robert Connelly and James Owen, but could not be used to definitively rule a gun into the murders 'due to lack of sufficient unique structure'. This means that more than one gun may have been used in the Lake Herman Road murders of David Faraday and Betty Lou Jensen, or possibly several. Secondly, the ballistics report states 'All bullets submitted were Western copper coated .22 Long Rifle bullets. Each of these was microscopically compared with the others, but in no case was an absolutely positive identification possible. This is apparently due to the condition of the rifle barrel, which does not leave coarse structures on bullets fired therein, as well as the effect of the copper coating on the bullet. From our examination it appears that a conclusive identification of the responsible weapon, will be extremely difficult, if not impossible, even if it should be recovered.' Therefore, in theory, there could be two or more weapons involved, concerning multiple shooters, and any suspect weapon recovered could not be fired and provide 'a conclusive identification.' In fact, it 'will be extremely difficult, if not impossible.' This coupled with the 'lack of sufficient unique structure' of the cartridge cases, means that all of the bullets and cartridge cases could have been the product of one person or many people. All that a ballistics comparison can do in respect to the Lake Herman Road murders, is simply rule out a particular weapon. There may well have been one assailant at Lake Herman Road on December 20th 1968, but all other possibilities cannot be ruled out on the basis of the evidence presented.
The Department of Justice report has two important pieces of information. Firstly, it states 'Intercomparison of the cartridge cases in items 4 and 5 indicates that all are probably fired in the same weapon and all are the same make and type of ammunition. Due to lack of sufficient unique structure it appears that considerable difficulty will be encountered in identifying the responsible weapon if it should be recovered.' The cartridge cases, in essence, could be used to rule out a particular gun, which they did many times, including the weapons of Robert Connelly and James Owen, but could not be used to definitively rule a gun into the murders 'due to lack of sufficient unique structure'. This means that more than one gun may have been used in the Lake Herman Road murders of David Faraday and Betty Lou Jensen, or possibly several. Secondly, the ballistics report states 'All bullets submitted were Western copper coated .22 Long Rifle bullets. Each of these was microscopically compared with the others, but in no case was an absolutely positive identification possible. This is apparently due to the condition of the rifle barrel, which does not leave coarse structures on bullets fired therein, as well as the effect of the copper coating on the bullet. From our examination it appears that a conclusive identification of the responsible weapon, will be extremely difficult, if not impossible, even if it should be recovered.' Therefore, in theory, there could be two or more weapons involved, concerning multiple shooters, and any suspect weapon recovered could not be fired and provide 'a conclusive identification.' In fact, it 'will be extremely difficult, if not impossible.' This coupled with the 'lack of sufficient unique structure' of the cartridge cases, means that all of the bullets and cartridge cases could have been the product of one person or many people. All that a ballistics comparison can do in respect to the Lake Herman Road murders, is simply rule out a particular weapon. There may well have been one assailant at Lake Herman Road on December 20th 1968, but all other possibilities cannot be ruled out on the basis of the evidence presented.
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