JONES, WYATT & ROBERTS PRIVILEGED AND CONFIDENTIAL MEMORANDUM ATTORNEY WORK PRODUCT ATTORNEY/CLIENT COMMUNICATIONS TO: McVEIGH LEGAL TEAM FROM: ROBERT WARREN SUBJECT: EXAMINATION OF UNIDENTIFIED LEG ON FEBRUARY 26, 1996 AT 10:00 A.M., DATE: March 1, 1996 Stephen Jones, Dr. Yasar Iscan, Robert Warren and Ann Bradley met at the Oklahoma Medical Examiner's Office and had a discussion with Dr. Jordan and Dr. Balding on February 26, 1996. The subject of the discussion revolved around P-54 and LaKesha Levy. Dr. Balding showed the members of the McVeigh team four 35 mm photos of Mrs. Levy and two polaroids along with her file. Stephen remarked that we only had one photo of Mrs. Levy and that was of her feet. It was also stated that Mrs. Levy's personal effects list is in her file. It was stated by one of the doctors that the foot and boot had just arrived back at the Medical Examiner's Office, and it was thought that the foot had been in Washington, D.C. (I think it may actually be in federal custody at some closer location, as FBI Agent James Elliott told me at the end of our examination of P-54 that if we needed to see it again, to let him know. He works out of McAlester.) The leg bones were and still are in the custody of the Oklahoma Medical Examiner's Office. Fred Jordan remarked that it was impossible to get stuff back from the FBI. It was stated that LaKesha Levy weighed 68 kg or 149.6 lbs and was 5'6" tall. Her body was found at 3:00 p.m. on April 27 and arrived at the Medical Examiner's office at 3:25 p.m. on April 27th. Mrs. Levy was identified with dental records from two months earlier and fingerprints that were taken by the Air Force. Dr. Jordan remarked that he did not know what type of footprints were used. He suspected possibly baby footprints, but he said that was something that was done by the FBI and not by the State of Oklahoma. The solitary leg, P-54, was found at 11:30 a.m. on May 30th after the implosion and had been in the part of the Murrah Building that was sealed off. Fred Jordan remarked that a sample of flesh was taken from Mrs. Levy for DNA purposes and that the DNA test had matched P-54 to Mrs. Levy except for a small spot at the top of the chart. Mrs. Levy had a tattoo of a red devil on her hip, and I.D. tag that was numbered 9502404. Dr. Jordan stated that the FBI had returned Mrs. Levy's clothing and personal effects to her family and he further added that this was highly unusual. Stephen discussed Mrs. Levy and Mrs. Garrison who were found in close proximity to each other discovered within 2 hours of each other and both had military dress presumably with combat boots. Dr. Jordan discussed the fact that the left foot in the picture of Mrs. Levy had two toe tags on it which he said would indicate that the foot was barefoot when it was found. He said that feet with shoes were only tagged after being removed from the site. He stated that Mrs. Levy's personal effects were put in ziplock bags and returned to her family with her remains. Stephen told Fred Jordan how he had been informed by Hartzler and other members of the prosecution that there had been only one set of photos of the bodies made and that it was hard to get those photos out of the medical examiner. Stephen then said that a woman from the FBI had come over to the prosecution and asked how many sets of photos they had and the prosecution said that they have two sets. Stephen said that he would much prefer to deal with Fred Jordan than directly with the FBI. Fred Jordan acted surprised that the prosecution had said that it was hard to get materials from the Medical Examiner's Office. EXAMINATION OF P-54 Part 54 is not in the condition it was in when it was originally discovered. It has been cut into many different pieces. The parts of P-54 can be described as 1) the foot; 2) the flesh from the thigh and calf portions; 3) the leg bones; 4) the boot; 5) two socks; 6) blousing strap. The first item to be examined was the foot which had been removed from the leg bones just below the ankle. Dr. Iscan conducted the examination of the foot with Ann Bradley taking notes and Robert Warren taking photographs and tape recording the conversations. An assistant was made available by the medical examiner's office who took the items out of plastic bags and assisted in the handling of all items. Two FBI agents, James Elliott and a man I did not get the name of also stood nearby quietly while we looked at P-54. The first part of P-54 to be examined was the left foot. Dr. Iscan examined the foot and made observations on the foot and notes were taken from his statements. Dr. Iscan remarked that the big toe was on the left anterior to the heel bone. The foot had some green and while colored fungus or mold on the exterior of the foot, small rocks and chucks of concrete were stuck to the outside of the foot. The color of the flesh varied from dark brown or black to a creamy color depending on which part of the foot was examined. It was noted that no apparent damage to the articular surface of the foot existed, and that the tibus had been carefully removed. The toes appeared to be elongated and the foot appeared to be narrow relative to its length. This could possibly explain why two socks were worn inside a 7 1/2W boot. There was a small incision made in the middle of the third toe, and there had been an incision on the left side of the foot about 3/4ths back towards the heel. Also, there appeared to be an incision on the bottom of the big toe. Some tissue had been removed from the incision on the big toe and from the left side of the foot. The fabella and tibula had been removed post-mortem from the foot and there was a smell of decomposition about the foot. Caliper measurements were taken and the width of the foot was determined to be 77 mm, the length was 237 mm. The big toe was 52 mm. The second digit was 49 mm. The third digit was 48 mm. The fourth was 44 mm, and fifth digit was 37 mm. The arch height was estimated at 46-47 mm. Dr. Iscan remarked that these measurements would give us an idea if they are comparable to body measurements. The toenails were removed from the first, third and fifth digit. Dr. Iscan felt each of the toes and moved them and noted that the bone appeared healthy and the joints working and that only an x-ray would be able to tell if any of the toes had been broken. From the present outward appearance of the foot, it would be very difficult for an average person to determine sex, race, or age. The next part of P-54 to be examined were two large lumps of soft tissue. They were extremely moldy and had been stored inside a large ziplock plastic bag. It was very difficult to tell which piece of flesh came from the calf area and which came from the thigh area as both were badly molded and appeared to be in an advanced state of decomposition. Dr. Iscan did not express much interest in the flesh and did not feel that it would be of any assistance to his examination. The next item to be examined was a body part known as the fabella. A small marble sized piece of hard ligament or bone. The fabella had been stored in a preservative known as Formalin. Measurements of the fabella were taken and it was determined to be 12 X 14.5 X 8 mm. Dr. Iscan remarked that the fabella had a smooth base and the rest of the surface was facet-like and rather rough. The next item to be removed from a container was a piece of skin and a small toenail that appeared to be from the small toe. The nails did not appear to be pedicured or polished and were short and clean cut. The skin color gave no indication of race of the person, as it was basically dark brown and obviously not in its natural state. The next item to be examined was a light brown colored hair, approximately 4 inches in length and appeared to be from someone's head. I believe that the hair was found in the boot. It did not appear to Dr. Iscan to have negroid characteristics. Of the toes that had the toenails removed, only the fourth toe retained a toenail for certain. The next item to be examined was a bottle labeled PROX.R.HUMQ3192 which was empty. The next item to be examined was a bottle labeled PROX R RAD c BLUE MAT OKC bomb 58, and this bottle did not appear to be have anything inside it except a paper towel. The next item to be examined was labeled as PROX Left tibula with blue material. It was a wedge-shaped bone of 16 X 17 X 10 mm and there was no blue material present. The doctor then began a cursory examination of the bones and he remarked that it was a pity that the bones had been torn apart and measured by only one person. There had been no confirmation of the accuracy of the measurements. He said that the intercondylear arch had most likely been cut for a DNA test. The left femur was measured and found to have a maximum length of 189 mm. Dr. Iscan remarked that it was difficult to get an accurate notch height because the lateral condyle had been cut after death. Two small bone chips were also found that would fit in place at the surface of the femur. Dr. Iscan was quite disappointed that the cuts had been made because every time the saw blade goes through the bone, at least 1 mm of bone is lost. He said that Emily Craig had done lots of adjustments to put the bone back together. Dr. Iscan then reviewed some x-rays from P-54 and further commented that it would be difficult to get an accurate measurement from the x-rays because of 1) orientation of the bones and 2) there was a line drawn on the x-ray, and the x-ray quality was so poor that it was difficult to see the Blumensaat's line. Dr. Iscan also remarked that in addition to the breaks in the bone, there was a major problem in that the condyle had been cut with a saw in three places. This is a problem because the cuts were made exactly where we needed to measure the angle. There was a large piece missing from the posterior surface of the lateral condyle. The next item to be examined was the combat boot that was found on P-54. The boot was a size 7 1/2W, and it appeared to be a man's size 7 1/2, the W meaning wide, due to its size. The FBI agent standing nearby also commented that he believed the boot was a man's size 7 1/2. The boot had two large rips in it, one in the left ankle area and one in the lower left region of the side of the boot. The wear on the sole of the boot did not appear excessive at all, Rob Warren remarked that an examiner of the boot in our file had stated that possibly P-54 had a pronated foot; however, the boot did not indicate any abnormal wear and in fact the sole was not very worn at all. Dr. Iscan measured the maximum width of the sole of the boot and found it was 102 mm and the heal of the boot was 76 mm at the base of the heel. The length of the boot from the toe to the top surface of the heel was found to be 285 mm. The next item to be examined was the insole from the combat boot. The insole did not appear to be a military issue insole and more likely was a Dr. Scholl's or some similar commercially purchased insole. The widest point of the insole was measured at 90 mm. The heel was measured at 77 mm, and it was a total of 276-277 mm long. The insole was not new. It was rather dirty and had several cracks in it indicating it had been used for quite some time. The next item to be examined was labeled Q2984 and was simply a lump of lint with other small pieces of dirt and one tiny flake of metal. The next item to be examined was labeled Q3240B and appeared to be more lint and dirt. The next item to be examined was labeled Q3240 and this also had more lint and dirt. The lint and dirt did not appear to of any particular interest. The next item to be examined was a ziplock bag labeled 3239 and inside of it were a number of small white envelopes containing cloth samples taken from the socks and blousing strap. The next items to be examined were the socks themselves. They were both black socks, but of different weaves. One sock was notably thinner and appeared to be more of a dress sock while the other sock was of thicker construction. The socks were in very poor condition and had several holes in them. Apparently some of the holes were caused by the taking of cloth samples from the socks while some of the other holes may have been caused by the explosion. The next item to be examined was labeled Q3239B and was the blousing strap. This was a elastic strap with hooks on either side. Apparently the strap had been cut to take cloth samples from it so the strap is now in two pieces. The next item to be examined was a ziplock bag labeled 50911043 and it had three clear slide holders inside. The slides were of the cloth samples. The next item to be examined was the new boot, for comparison purposes with the old. It should be noted, however, that the new boot had a later production date and thus was from a different production lot than the boot on P-54. At this point, we had to stop for the day because the Medical Examiner's Office was closing. We were finished with the materials that the FBI had custody of, and Robert Warren signed a paper stating that we had viewed the various parts of P-54 that were in federal custody. On Tuesday, February 27, we returned to the Medial Examiner's Office and Dr. Iscan began a detailed examination of the leg bones from P-54. The two halves of the tibia were placed together and measured for a combined length of 305 mm. Dr. Iscan reviewed Clyde Snow's measurements and noted that Clyde Snow had taken a measurement of the tibia before it had been cut and arrived at 358 mm. This means that approximately 53 mm of tibia have been removed. Dr. Iscan then examined the distal femur and the lateral condyle. The distal femur and lateral condyle were examined by Dr. Iscan, and it was noted that there had been three chips of the condyle sliced off with a saw. In total, there were four pieces of bone that needed to be glued back together on to the femur. The lateral condyle was in situ apparently, but had been broken off the rest of the bone. Upon further examination of the femur, Dr. Iscan noted that it will be difficult to match P-54 with any other bones because of the shattering that occurred when the leg was amputated. Dr. Iscan laid the tibia and fabella side-by-side and when doing so, it was obvious that a large piece of the fabella had been removed, approixmately 53 mm because when the fabella which had a cut in it was placed along side the tibia which was also cut, the tibia was notably longer. At this point, Dr. Iscan made several remarks. 1) Why is such a large chunk of the fabella missing? 2) Why is the chunk from the fabella that is missing so much larger than what the records say was taken from the fabella? 3) Why is the back of the condyle missing? 4) Why was a large wedge of the distal end diaphysis of femur missing, and if experiments were done on these missing parts, where are the reports and remainder bits from the experiment? At this point in the examination, Dr. Choi entered the room and began to have a conversation with Dr. Iscan. I had been over at the table with the bones when I noticed that the conversation was getting quite interesting, so I walked over with my tape recorder. During the course of the conversation, some interesting statements were made by Dr. Choi. She seemed quite confident that both of the legs that were placed in the body bag with LaKesha Levy were, in fact, her legs. Mrs. Choi stated that Mrs. Levy was wearing cream colored pantyhose and that both legs in the body bag had cream colored pantyhose, and one sock on each foot. (I am not sure if she discussed boots at this point.) She also went on to add that Mrs. Levy had black underwear on. (The list of Mrs. Levy's personal effects says she had both cream panties and black panties but says nothing about pantyhose.) During this discussion, there were x-rays of both P-54 and the legs that were in the body bag with Mrs. Levy on the x-ray viewer. Mrs. Choi explained to us that P-54 had a condition known as trabeculation. Trabeculation is a condition that gives the bone an almost vein-like appearance. It could possibly be described as a lattice-type design on the bone. Then Mrs. Choi showed us that both legs that were in the body bag with Mrs. Levy did not have the condition known as trabeculation. (The x-rays also show there was a left and a right leg in the body bag.) At that point with Fred Jordan standing in the middle of the conversation and constantly interrupting, Ann Bradley had a sideline conversation with Mrs. Choi. It was difficult for me to hear everything that Dr. Choi was saying at that point in time, because I was trying to have two conversations at the same time, and it is difficult to understand what she said on my tape recording because Fred Jordan was speaking so loudly; however, according to my recollection and according to Ann Bradley's notes, Dr. Choi stated that the shoe size on Mrs. Levy's body, meaning both feet was different than that of the shoe size of P-54. At that time, we also viewed an above the knee x-ray of Mrs. Levy, and in that picture, the leg in question is clearly broken; however, it is impossible to tell from the x-ray whether the skin was holding the lower leg to the rest of the body. Mrs. Choi was quite confident that the skin was still attached at least partly. Since viewing those x-rays, we have received the x-rays in question, and although the copies we have received are not of the quality of the originals, the trabeculation in P-54 and the smooth appearance of the legs placed with Mrs. Levy is quite clear. After the conversation, the examination of the leg bone continued. Dr. Iscan attempted to assemble the pieces of the leg bone that had been sliced off with a saw and first tried to stick them together with clay so that he could take an x-ray; however, upon x-raying the leg bone that was held together with clay, we learned that the x-rays could not penetrate the clay. Thus, a different attempt had to be made with the use of a glue gun. The bone fragments that had been cut off with a saw and the part of the condyle that was broken were also glued into their place as accurately as could be done and an x-ray was taken. Given the amount of damage to that region however, it was impossible for Dr. Iscan to taken an accurate reading of the angle measurement that is so important in the attempt to determine the sex of P-54. Due to this inability to take an accurate measurement, Dr. Iscan remarked that he would have to rely on the angle measurements that were made by Clyde Snow. Upon completion of gluing the leg bones back together, Dr. Iscan took what measurements he could and photos were taken of the assembled leg, and the examination ended. During the examination of the leg, at one point the assistant led us into a room which had a freezer where bodies are often stored. While showing us a different freezer drawer, I happened to notice that one of the freezer drawers was labeled OKC Bomb Victim 9502362. It will be interesting to find out if one of the victims has yet to be buried. I did not inquire about that at the time and no one was aware in the Medical Examiner's Office that I recorded the number. 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