WHAT BALLISTICS EXPERTS SAY

(1) Taken from ICQ computer-to-computer chat 11-5-99 between Dr. Boris deKorczak Ph.D. weapons expert and Sherry Swiney, Patrick's wife

Regarding gun powder residue for a .22 rifle
BORIS Sherry, How much of residue was there on the stock of the rifle? Do we know or do we don't know? 

SHERRY The report does not indicate that the stock was tested but I'll search the CD for the word residue and see what we can find. 

BORIS You have ammo 40 grain. 15-16% is being blown away through the firing mechanism into the direction of the shooter. The lab should be able to establish the missing grains, taking to consideration quantity of residue on the stock.

SHERRY OK.. I'll go look for something to this nature. What about the bullets and primers, does that make any difference at all? 

BORIS NOPE! 

SHERRY Great! One person I spoke to said that .22's have a different kind of primer that doesn't emit any gun powder and that confused me. 

BORIS Primer, regardless if it is center primer or side primer like in 22 has nothing to do with residue. It simply is not a gun powder. 

SHERRY I see... so these tests show either that they did a real sloppy job of inspecting the evidence or that PS actually was not the shooter. 

BORIS Look at this. The exploding in the shell gun powder propels the projectile at same time it gives a recoil - meaning a part of gases go "backward" and leave through the small imperfections in the ammunition chamber and rest of the mechanism. It is directed opposite to the direction of the projectile. 

SHERRY Wonderful! Then we have sufficient information to show that PS is not the shooter - a mystery indeed. 

BORIS Now. If we take as a constant value the speed of the expanding gases - ca. 1000FT/sec., then the gases going opposite direction go about 3/4 of this speed. Ergo. They have enough power to imbed the particles of burned and unburned powder into the right hand of the shooter, right cheek of the shooter, his hair, etc. 

SHERRY Wow. 

BORIS Those miniscule particles are usually invisible to the naked eye. They can be " lifted" with help of hot wax or other chemicals. 

SHERRY I wonder, if we ever do get the photos if you can also see from that examination if there was residue on the rifle ? 

BORIS Pending good quality of pictures - Yes. I can. 

SHERRY If the photos are not good quality, do you think that can be done from the video? 

BORIS I would have to see what can I do with pics, video, etc. 

SHERRY I hope that after the UN examines the document they will tell the courts to release the photos for examination if they have any doubts. 

BORIS GHerman Sicherheit Polizei have outstanding record of their crime lab testing. They could be approached and asked for independent opinion. 

SHERRY That would be perfect! 

SHERRY I am so very relieved to here these things, Boris. 

BORIS I could myself bring it to them and act as the independent observer. 

SHERRY Well, at what point do you think we should approach these people? 

BORIS After we get some reaction from UN. 

SHERRY Ok... 

BORIS Remember one thing 22 does not have a center primer. It is a side primer and it has nothing to do with residues. 

SHERRY Please explain this to me as I'm not sure. 

BORIS The bottom of an ordinary ammo piece, the round like a coin part has a "center" looking like if there was a little nail head imbedded in it. The .22 does not have it. Primer sits under the surface of the shell's head /coin like/ and is being struck by the firing pin which hits the side of the bottom instead of center. 

SHERRY OK, I see what you are saying. So when Alabama lab 

BORIS In crazy terms. Any other ammo looks like an eye with a pupil. .22 looks like a blind eye. 

BORIS OK? 

SHERRY Yes, OK! Tell me this....when Alabama lab says at the bottom of their report that "some" 22's don't reveal residue, they put that there to mislead I think. And then it was never questioned! 

BORIS It is called in "latin" - bulshittus popularis". 

SHERRY LOL....those thugs! 

BORIS here is no gun in the world, artillery, revolvers, rifles, etc which do not disperse the residue. 

SHERRY You can't imagine how this makes me feel! 

BORIS If Patrick fired this gun he MUST have had miniscule particles of the residue imbedded in his skin, clothing, hair, etc. 

SHERRY That is what I thought but no one would listen to one who is not an expert at this like you are. 

BORIS Grazie tante. 

SHERRY If we do go back to court, we will certainly need your expert testimony. 

BORIS Go to any shooting place and fire .22. Then go and get your hands tested - you will be surprised how much of this stuff they will find. 

SHERRY You know, some months back when I visited with our Correctional Guard friend, he took out his AR7 .22 rifle and shot it for me so I could actually "see" the blow-by coming out of the mechanism. He said that if he went and had his hands tested there would be residue on them for sure. 

BORIS Remember - allegedly PS fired multiple shots - ergo - the quantity of the residue would be very impressive. 

(2) From Ron Plumlee, Sr. Monday April 24, 2000 921 am to Larry "Doc" Stansberry, Chaplain

Greetings Doc Maybe I can help our brother in the .22 residue situation. I will give you the information and you decide. First my credentials in brief 

1. Valedictorian of my gunsmith college class (Journeyman). 
2. Trained on most major weapons by their factory instructors. 
3. Certified Master-Rangemaster/Chemical agents instructor state of CA. 
4. N.R.A./U.S. Marines, State of OR certified range master. 
5. Been teaching civilians, law enforcement, and college in firearms since 1974. 
6. 30 year law enforcement career. 21 years patrol in all facets, 9 years in corrections. Retired from state of CA in Dec. 95. last few years I was a full-time armoire for the state. I taught, cleaned, and repaired. Also prepared post-shooting reports (fatal & non) and evidence for shooting review boards and court testimony. 

Doc a .22 is the most dirty shooting weapon probably in the world. A large portion of its powder is unburned or only partially burned on ignition of the cartridge. Plus most .22 bullets are coated with a very thin wax like substance that also adds to the mix. All .22's have blow-back of residue. 

Depending on the style of the weapon, some more than others. Semi-autos blow more out and back than say a bolt action. This is due to the tighter lockup of the firing mechanisms of the bolt action than the semi-auto. The primer is so small and has so few chemicals in it, that it is virtually a non-issue here. The blow-back of the normal powder is more than enough to mark a shooter and the weapon. I have been gunsmithing since approx. 1975. 

With rare exception, everytime a person brings in a .22 rifle that does not work, it is because they have not cleaned it in some time, and the .22 cartridge "residue" has caused it to malfunction. And, the semi-auto .22 pistols are no exception. Hope this helped in some way. My web site also gives you an idea of who I am, and what I am about. http://www.fortplumlee.com/main/main_index.html

Semper Fi, 
"Top" Ron Plumlee, Sr. 

(3) From Dr. Glenn Larkin MD May 26, 2000 924 am to Sherry Swiney

Sherry 
At trial, a negative finding of any test has to be considered most favorable to the defense, and if not done, it must be considered negative. This is plain law.

While Nuclear activation does not usually pick up residue from a 0.22 caliber weapon, atomic absorption does. A rifle blast leaves significant residue both on the target (in this case the victim, and on the hands of the shooter.

Does Dr Embry suggest that a 0.22 caliber weapon was used as the murder weapon? If so, it contradicts the state's case.

G M Larkin MD DABFM