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MURDERED BY
OKLAHOMA
KEN
TRENTADUE
Ken
and Carmen Trentadue
21
Aug 1995 Oklahoma City, OK
Kenneth Michael Trentadue is beaten to
death in his cell at the Oklahoma City Federal Transfer Center, where he
is incarcerated for a minor parole violation. The U.S. Bureau of Prisons
tells his family that he hanged himself, but upon inspection at the
funeral, they discover injuries over his entire body.
Since August
21, 1995, Salt Lake City trial lawyer Jesse Trentadue has led a small,
relentless crusade against Janet Reno, the FBI and the United States
Department of Justice.
The quest is a family affair, and includes
Trentadue's aging mother who has handed out T-shirts on the steps of "Main
Justice" in Washington, D.C. For four years now, the family has doggedly
searched for the truth about how family member Kenneth Trentadue died
while in federal custody. And now smoke blowing in from the direction of
Waco, Texas, where dozens of people met their death in a standoff with
Reno and the FBI, may spell more trouble for embattled Attorney General
Reno and her FBI director, Louis Freeh.
For the Trentadue family,
their personal nightmare began in the early morning hours of August 21,
1995, shortly after prison guards claimed to have found the body of
Kenneth Michael Trentadue hanging in a suicide proof cell in the new
"Federal Transportation Center" in Oklahoma City, Oklahoma.
Kenneth Trentadue had been returned to federal custody there for a
"parole violation" hearing. According to family members who had contact
with him hours before he died, he was positive and upbeat about his
chances for an early return home.
Originally locked up for a
bungled bank robbery, Trentadue was a model prisoner while in custody. A
slip-up had resulted in his return to jail, but family members say he had
made important changes in his life and had prospects for a good future.
"He left a wife and new baby behind," says older brother Jesse.
The family describes Kenneth as a peaceful person, unless you pushed him
into a corner. "He was not the kind of man to back down from a fight,"
says older brother Jesse.
A recent twist in the Trentadue case
coupled with newly discovered evidence in the Branch Davidian cases, may
well set the stage for explosive confrontations in both the halls of
Congress and federal courtrooms in October of this year. While Congress
prepares to peel back layers of FBI secrets, families of the dead victims
will be in federal court seeking once and for all to learn what the
Justice Department and the FBI are doing in secret behind their closed
doors.
In the Trentadue case, older brother Jesse Trentadue says
that from the very beginning, Justice Department lawyers have lied about
the existence of critical evidence, including death scene pictures.
Federal officials finally admitted that photos existed only after a number
of them were leaked to a writer for GQ Magazine, Mary Fischer.
Though they admitted photos existed, Justice then they claimed
they couldn't find the negatives of the 35-millimeter snapshots taken of
Cell 709A where several prison guards have testified Trentadue's body was
found hanging at 3 AM on August 21, 1995.
Early-on, a literal
"swearing contest" erupted between the prison guard who took the pictures,
and the FBI Special Agent he swore under oath he gave them to. The agent
testified that he never received them. After several years, the negatives
mysteriously reappeared in the Oklahoma City's FBI field office where
another Special Agent, Tommy Linn, says he found them in a stack of
pictures of the Oklahoma City's paramilitary FBI "SWAT" team.
The
prison guard, Kenneth Freeman, has testified he used two different cameras
to film the cell at different times that morning.
In a deposition,
Freeman said he took one set early in the morning of August 21, 1995,
before sunrise. Later that morning he went back with his assistant Serena
Israel and took more pictures. In his testimony Freeman admitted
"rearranging" several items of evidence: a plastic knife and two plastic
toothpaste tubes. Freeman said he posed the evidence to better photograph
the items.
The government now claims Trentadue used the plastic
items to inflict deep gashes in the right side of his neck before he
supposedly fabricated a noose from bed sheets and hanged himself in a cell
which the architect who designed it says is "suicide proof."
Earlier this year, Trentadue lawyers filed papers with the federal
court in Oklahoma City refuting the conclusions of experts hired by the
Justice Department to help defend it in the civil suit. Former Oklahoma
City police captain, and self-styled "blood spatter expert" Tom Bevel
maintains that Trentadue viciously beat himself to a bloody pulp and then
hung himself. Other experts, including Rudy Riet, and a Chicago homicide
investigator disagree.
The House Judiciary Committee had
previously assigned a veteran homicide investigator, on loan from the
Chicago Police Department, to investigate the Trentadue case. The
detective, in a telephone interview, said that Trentadue "was clearly
murdered." The investigation was derailed by the Clinton-Lewinsky matter
and never taken back up by the House committee.
It is a complex
case to investigate. The alleged death scene, Cell 709A, was completely
"sanitized" shortly after 7 AM on August 21, 1995, after Oklahoma State
Medical Examiner staff were denied access to it. A "crime scene"
investigation was never accomplished on the cell and all sides to the
controversy agree that critical evidence was lost because of that. Since
the scene was never properly documented and vital evidence lost or
destroyed, the government and the Trentadue family have been at war over
what the remaining evidence actually proves.
And since the
government is in control of virtually all the physical evidence in the
case, the Trentadue family has had to fight lengthy battles to gain even
limited access to the evidence. And when they do get access, inevitably it
causes problems for the U.S. government.
A person close to the
Trentadue case said that one such problem the government will soon face is
in the nature of explaining how the strips of sheet that supposedly formed
a noose were "cut" into strips with either scissors or a knife. Bureau of
Prisons records indicate that Trentadue was held in the most secure part
of the facility. He was supposedly alone in a cell where there were no
sharp objects, certainly no scissors or knives.
A motion filed by
the family revealed that forensic analysis of the sheet strips, a number
of which are still missing, precludes their having been ripped by hand and
confirms that they were cut.
If sheets are a problem, the photos
are a nightmare for the government. In May, 1999, the government finally
produced a set of twenty-nine glossy enlargements of what they claim is
the only roll of film ever shot at the scene. The Justice Department
stands on that claim despite the fact that government lawyers had
previously produced two separate "photo logs," and even the photographer,
Freeman, says otherwise.
"When we began to analyze the photos,"
said Trentadue, "we thought they had been faked." Beside the 35-millimeter
photos, the government also produced a series of eight Polaroid pictures.
An experienced trial lawyer, Trentadue says he was immediately
suspicious when he was told the negatives could not be examined by
Trentadue family lawyers and their experts. Agents and lawyers from the
Justice Department's Office of Inspector showed Trentadue and his
attorneys strips of negatives they claimed constituted "a roll." When they
handed over the prints, they also produced several volumes of CD ROM's
which supposedly contain digitized copies of the negatives. The attorneys
for Trentadue werre never allowed to touch the negatives or closely
examine them.
Despite that, a photographic expert presently
employed by the U.S. Navy as an image analyst, says the attempt by the FBI
to fake the pictures is "an amateurish result produced by professionals."
The pictures are a gory collection that begins with a sheet of
paper with a handwritten date on it. What follows are pictures of Kenneth
Trentadue's body, covered with blood. His knuckles are bruised. Huge
patches of scalp are bloodied. Government officials claim it's the result
of him beating himself. His neck bears a long gash on the right side.
After the gruesome pictures shot in the prison hospital, the scene
switches to the cell where it is claimed he first beat then hung himself.
The cell has puddles of blood on the floor. A bloody noose is tied at an
impossible height off the floor to a grate that has not a single drop of
blood on it.
The analyst, speaking on condition of anonymity,
examined the original prints at the request of Arkansas Chronicle on his
off-hours. After nearly two months of comparing the prints, the digitized
CD-ROMs, the testimony of the witnesses and the actual photo logs, the
expert eventually unraveled and explained the faked photos.
He
said his first resource was the Navy's own Naval Observatory. The
observatory keeps incredibly accurate records of sunrise times for every
place on earth. That includes Oklahoma City, Oklahoma, on the morning of
August 21, 1995.
According to the National Weather Service, the
weather was clear with a thin haze in the air at sunrise, August 21, 1995.
But, if the government's negatives are to be believed, the sun rose and
set at least twice that morning at the Oklahoma City airport. If it did,
nobody seemed to notice it.
"The sequence of exposure of the
pictures is tracked by 'frame numbers' that appear on the edge of the
film. Even after the negatives are cut into strips and placed in plastic
sleeves, you can always tell which order they were shot in by looking at
the frame number just beneath the actual image," said the Navy analyst.
"Those frame numbers are put on the film by the manufacturer, not the
camera."
It is this "image sequence" that creates the most
problems for the Justice Department. When you take the pictures, in the
sequence that the government claims they are on the roll and compare it to
the testimony, and, to other pictures on the same roll, the
Alice-in-Wonderland world of the government defense to a murder case
becomes shockingly apparent.
According to the negatives, the sun
had risen an hour early, just in time for prison guard Freeman to take his
first picture of the cell. His camera, a Minolta with a built-in flash,
failed to flash on the first shot in the cell. And through the vertical
slit window at the back of the cell, you can see daylight, trees and
grass. "Another picture after that one shows a clearly illuminated outdoor
scene," said the expert. "Somehow, the sun set again. Additional pictures,
but with higher frame numbers, show total darkness outside the very same
window. There's just no way the sun was going up and down. It's the
pictures that are all wrong."
Pressed for an explanation as to how
such images could be faked, the image expert explained. He described the
process whereby a computer with two "peripherals," a negative scanner and
a film output printer were used to fabricate a roll of film that appears
to be "original," but really isn't.
"What someone obviously has
done is this: they had the two rolls of film all along. And I would guess
that there is surely something on one or both of those rolls they don't
want anyone to see. So, they simply used a common computer tool, a
'negative scanner,' to import the negative images into a graphics program.
"Once they have scanned in the images they can electronically
reassemble them into any sequence they want to. The original sequence of
pictures can be shuffled just like a deck of cards. Picture number one can
become number eight, and so on. The images can also be electronically
altered, special effects filters used, and information added or
subtracted.
"Once the original negative is scanned in, the sky's
the limit with a skilled operator, and there are a bunch out there. But
whoever did this job got into trouble when the 'reassembled' the faked
roll and forgot to take into consideration the incredible documentation
that exists on paper about who took which pictures and when they took
them. That's why they have some of the pictures out of sequence with
daylight where darkness should be, and vice-versa.
"After they had
the fake roll assembled they merely issued a command to 'print' the images
to a new roll of film. There are printers that you can hook to your
computer, even at home, and create a whole new roll of film. The printer
created a 'perfect' roll of film that was conventionally processed using
what is known as a 'C-41' process. The negatives were then cut into strips
and placed into the plastic sleeves just like the originals," explained
the imagery expert. "You could take the bogus roll to the local Moto-Foto
and have them developed and printed, and nobody would be the wiser," he
added.
Government lawyers also produced the faked negatives for
copying onto CD-ROM's. The analyst said that there are tell-tale
"artifacts" on the digital imagery that further confirms the negatives are
"second generation," but would not offer specific details on the
methodology used to identify the fake photos. Arkansas Chronicle was able
to obtain a set of the CD-ROMs and have them analyzed at the same time as
the prints were analyzed.
The analyst said that the most damning
piece of evidence is that one of the pictures released earlier by
government lawyers somehow does not appear on the "roll" that the FBI
produced. "It's sort of an obscure shot. But the point is, the picture is
not on the roll of their negatives, and without question, it was indeed
shot between two frames that I can absolutely identify on the roll they
released." Other evidence suggests, he said, that the roll they produced
was in fact shot from two different cameras with "two different lens
systems."
"There is strong evidence to support a claim that
several of the pictures were altered, and, in once case, some photos were
electronically cropped to make it appear that one photo was in fact two
different photos. The cycle time of a Minolta camera, such as the one they
used is too slow to create to images that are otherwise so completely
similar in intricate detail," said the analyst. "My opinion is that they
had a quota to fill . . . somebody said, 'here, fill up this roll with
pictures and don't use any of these shots to do it.' So they left some
pictures out, got many of the real pictures out of sequence, and then
doubled up on some of the pictures which were safe to use in order to try
to make up a full roll. The big problem is that the sequences are all
wrong and they don't coincide with the photo logs and they don't have any
relation to the light conditions outside the window of the prison cell."
One polaroid picture, supposedly shot at 4:30 a.m., has a picture
of part of a watch band on the hand of a man who has testified under oath
that he didn't come to work until at least 6:30 a.m. that date.
"I
suppose that's why they have refused to let us have them tested by an
independent lab," said Trentadue.
"Since the case record would
indicate that the FBI had custody of these negatives for several years,"
said the imagery expert, "that's where I would be looking in terms of
identifying who manipulated this imagery. It took really expensive
equipment to produce these fakes and not a lot of people have it."
Contacted again shortly before press time, the expert would
neither confirm nor deny that he is one of two imagery experts now
examining video tape of aerial FBI infrared photography from Waco for a
U.S. Congressional committee headed by Rep. Dan Burton.
According
to court records in the Trentadue case, the Department of Justice's Office
of Inspector General has indeed been investigating Bureau of Prisons and
Federal Bureau of Investigation agents for complicity in criminal
misconduct in the Trentadue case.
It was in the process of having
the pictures and CD-ROM's examined that a chilling allegation surfaced
about the capabilities of the FBI's lab, especially its ability to alter
physical evidence such as photographs, video and audio tape.
??????????SUICIDE??????????
May 2, 2001
$1.1 MILLION SETTLEMENT ORDERED IN TRENTADUE CASE
U.S. District Judge Tim Leonard ruled today that the family of Kenneth Michael Trentadue suffered severe emotional distress because of the insensitive action of federal prison officials and ordered $1.1 million paid in settlement of the law suit brought by them against the Federal Bureau of Prisons in 1997.
Federal and state investigators called the Aug. 21, 1995, death of Trentadue, 44, a suicide, but his family alleged prison guards or another inmate had killed him.
Although state Medical Examiner Fred Jordan initially ruled Ken Trentadue's cause of death as unknown, the injuries covering Ken’s body caused his family and others to suspect he had been beaten to death. Federal and state investigations subsequently determined the injuries were caused by a botched attempt to hang himself before succeeding on the second try. The cause of death was then amended to suicide.
In December, a federal jury found that Lt. Stuart A. Lee, a former officer at the Federal Transfer Center, was deliberately indifferent to Ken’s medical needs because when Ken was found hanging in his cell, Lee did not order guards to cut him down and attempt to revive him. Lee had said it was obvious Trentadue was already dead.
The jury awarded $20,000 in compensatory damages to the family in compensation for Lee’s deliberate indifference to Ken’s medical needs. Jurors decided only the case against Lee, the officer in charge the night Ken was found hanging.
The broader allegations against the federal government were be decided by the judge. Judge Leonard ruled Monday that the federal government was liable for the intentional infliction of emotional distress caused to Ken's wife and family.
Judge Leonard scolded prison officials for not informing the family of Ken's injuries or the fact that an autopsy had been performed. Ken’s family was shocked and outraged when they discovered the injuries after his body was shipped to them in California.
"Prison officials did not initially answer the Trentadue family's valid and understandable questions about the unexpected death of their loved one," the judge said. "Their silence and the mishandling of potential evidence from Trentadue's cell helped fuel conspiracy theories that the inmate was murdered."
Leonard did find however that Ken committed suicide, stating that allegations of a conspiracy by prison officials to cover up a murder was just speculation and that actions of prison officials were more consistent with ignorant or incompetent, rather than conspiratorial behavior.
Come on Judge Leonard – do these photos look like suicide to you? Do they look like suicide to ANYONE?
Oklahoma City attorney Scott Adams, who represented the Trentadue family, said he was very pleased the judge punished the prison officials for their actions.
"They stonewalled us from day one," Adams said. "They treated the family very horribly. You cannot treat people the way the government treated the Trentadue family." Adams said the judge was sending a message with his award of $1.1 million.
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