July 29, 1994 - Part 5
July 29, 1994 - Part 5
(16:50:30) Park Police enforcement authority is much more limited. The Park Police authority comes from the National Park Service Act and the law says "may conduct investigations of offenses against the United States committed in that System," which refers to the Park System, "in the absence of an investigation by any other Federal law enforcement agency having jurisdiction over the offense committed or with the concurrence of such agency." So any way you look at it, the Park Police are a secondary investigative agency. The National Park Service law says that even if the Park Police investigate a possible crime in a national park, the jurisdiction of the FBI or anybody else is not limited by that investigation. In other words, most any other investigative arm of the Federal Government can override the Park Police. Given these legal justifications for the FBI to have been and should have been the lead investigative agency, why were the Park Police in charge of the investigation? Does anybody know that? Mr. ROLLA. Do you want an answer? Senator FAIRCLOTH. Excuse me? Mr. ROLLA. Do you want an answer? Senator FAIRCLOTH. Yes, I want an answer. Mr. ROLLA. Because it was an apparent suicide, not a homicide. We do have training in homicide and death investigation. In fact, we probably handle more routine death investigations than FBI agents handle. We see the same training as Metropolitan Police. We receive training from the FBI in death investigations. 105 The FBI was notified of this. They reviewed it, and they found no evidence of foul play or anything other than a suicide, and they left it to us. They were brought in. Senator FAiRcLoTH. In other words, you called-when did you call the FBI? Mr. ROLLA. I didn't call them, Senator FAiRcLoTH. Who did call them? Mr. ROLLA. I would imagine reports were Faxed to them. I don't know. An official probably called the FBI. Senator FAIRCLOTH. When did he call? Mr. ROLLA. I believe they were notified the next day. Ms. BRAUN. I was going to say, that question would A probably be better asked to Capt. Hume. Senator FAIRCLOTH. And the FBI said, we don't want to get into it? You, the Park Police, are wonderful and you are experts in this, and you get on with it? Is that what they said? Mr. ROLLA. I believe when the FBI agents were here before they told you that the next day they were notified and they were brought up to the White House to review the stuff, anti' it was an apparent suicide and they were not going to be involved in the investigation. They told you that. Senator FAIRCLOTH. I have another question, just to clarify another question. Who called your lieutenant to call you so that someone could get into your desk? Who called your lieutenant? Mr. ROLLA. I don't know. Senator FAIRCLOTH. Do we know whether Robert Fiske asked the Park Police, not the FBI, asked why the Park Police rather than the FBI were investigating Foster's death? Mr. ROLLA. Because we had jurisdiction. I don't know if he asked anybody. senator FAIRCLOTH. All right. Thank you. CHAiRmAN. Senator Sarbanes. Senator SARBANES. Mr. Chairman, in light of the, in effect, state- I think rather than question that Senator Faircloth just put, would like to read from the Fiske Investigative Report, an in fairness I think to the two witnesses who are at the table. Park Police Investigation: Investigative Jurisdiction. Because Foster's death occurred in a National Park, the Park Police as part of the Department of the Interior had jurisdiction to conduct the investigation. Police Chief Robert E. Langston stated that the Park Police have historically and primary investigative jurisdiction for crimes or possible crimes committed with- Federal parks. FBI would have had primary investigative jurisdiction if the circumstances fell within the Presidential and Staff Assassination Statute, Title 18 U.S. Code, 1751. That statute makes it a Federal crime to, among other things, kill the President, Vice President, or specified number of persons appointed by the vice President. The statute further provides that violations shall be in-vestigated by the FBI. Based on a preliminary inquiry by the FBI which failed to indicate any criminal activity, the FBI's inquiry into this matter was closed, he then goes on to say: At the request of this office, the FBI re-entered this investigation in February of 1994. So you in effect, were carrying out an historically traditional Park Police activity and responsibility, as I understand it Was that your understanding? 106 Ms. BRAUN. That's correct. Mr. ROLLA. It is a routine function. Death investigation is a routine function of the Park Police.