Originally posted by NobodyElse:
Thanks again for the informative and illuminating answers. You are really helping me clarify my thinking on this, but you're right that I'm not giving you the situation that inspired my query, so here is the conundrum:
In 1927, a man is shot and killed outside of his home in the middle of a Friday night. There are no eyewitnesses but three people hear the shooting. The gunman flees the scene.
The first witness arrives on the scene a few minutes after the shooting and pockets two spent .38 cartridges (shell-casings) but he does not give them to the investigators and they never come up in the subsequent trials.<span class="ev_code_RED">No way to explain something like this 80 years after it happened. Even if you wanted to. The worst "witness" in the World is the so called "Eye Witness" since no two of them will agree on exactly what happened.</span>
More witnesses arrive on the scene (about 6 or so) and start searching for clues. They immediately find footprints, so they must have been looking at the ground and able to see. About an hour after the witnesses arrive, someone finds 4 spent .38 cartridges about 10 yards from where the shooting occured, and in plain sight, and gives them to the investigators. <span class="ev_code_RED">My first question here is just why these "witnesses" started searching for clues??? Did they have any training??? What brought them to the scene??? Were they just "busybodies" or what??? I'm wondering just what you call "...in plain sight..." since you are indicating that this incident occurred at midnight; which last time I checked would put the crime as occurring after dark and the "Flashlights" of 1927 aren't anything like they are today. </span>
The morning after the crime, another spent .38 cartridge is found a few miles from the scene where a hold-up is alleged to have occured before the murder. That .38 is later positively identified (using a magnifying glass and checking the indents made by the firing-pin "plunger") as having been fired from the same weapon as the batch found at the murder scene.
The following Monday, a man is arrested in his home 60 miles from the crime scene and a gun is found in his home. The investigators match the gun, a .38 S&W Special, to the 5 found spent cartridges.
I find it inconceivable that witnesses scouring the scene did not find the cartridges at the scene within the first hour of searching when they are all looking at the ground.<span class="ev_code_RED">I'm guessing that you've never been on an actual crime scene. I have been, more than one, and I don't find it inconceivable at all that clues were over looked by untrained personal(witnesses). I've seen it happen with "Trained" Investigators, as well as by well meaning 'witnesses' or others involved. The afore mentioned busybodies!</span> Therefore, the suspicion is that the cartridges were introduced to the scene by one of the witnesses, at least one of whom was at both crime scenes where cartridges were found. But that leaves the problem of the S&W .38 Special being found at the alleged gunman's home, but that is only a problem if the weapon was positively identified as matching the cartridges. If the science connecting them is flawed, however, then it is possible to construct a narrative where the cartridges were introduced to the scene after the shooting and a gun, not neccesarily the gun, was found when the man was arrested. The police, believing they have their man, assume the connection between the weapon and the cartridges.
However, if the connection leaves no room for any other interpretation, then the narrative must be constructed where the alleged gunman had a gun in his possession which was used to kill someone. That central truth would then have to be reconciled with other issues, not firearms related, involved with the prosecution of the alleged gunman.
So, my broad question was; how can I know if the gun was truly connected to the cartridges? <span class="ev_code_RED">Well, if you're unable to examine the original firearm used you are certainly out of luck proving one way or the other whether it was the actual murder weapon. This applies here as well as below.</span> I thought that the answer must lie in understanding the technical aspects of weapon and cartridge production which would show that either the weapon and cartridges were truly connected, or that they were not neccesarily connected and the investigators connected them because they "must be" connected based on the assumption that they had the right man, they had the weapon, therefore the cartridges found at the scene must have belonged to that weapon.<span class="ev_code_RED">The 'science' of crime scene ballistics has come a very long way since 1927 and yet without the original firearm and the original cartridges nothing more can be determined that would be relevant to a Court case. The 'science' of Crime Scene Investigation, itself, has also come a very long way since 1927. Unfortunately, you can't go back and take a better look at the evidence at this late date.</span>
The weapon is apparently not out there (I've asked about that), <span class="ev_code_RED">Well, if you're unable to examine the original firearm used you are certainly out of luck proving one way or the other whether it was the actual murder weapon.</span> and the cartridges are not now available either. Tests were not conducted on the rifling or lands, and the only tests that were conducted were those that checked the firing pin indentations from test fired cartridges to those found at the scene. Only the test fired cartridges belonging to the alleged murder weapon were produced in the trial.
The S&W evidence was the primary evidence used to convict the alleged gunman who was later executed.[Note on agenda: I don't have one other than to find out what happened and why it happened] <span class="ev_code_RED">Here is where you are simply out of luck. You can't make anything out of nothing and that is what you have in this case - NOTHING!!!</span>
I hope all that makes sense? But if I'm not asking the right questions, I am open to suggestions on the best way to understand the firearms and ballistic evidence.<span class="ev_code_RED">As far as I can see there are "No Right Questions" to be asked. It all goes back to the fact that you don't have the original evidence to examine.</span>
Thanks.
ps I've read the book on the Little Big Horn archaeology and it is fascinating, as is the History Channel documentary. I wish I had the physical evidence from this case to do that kind of testing.