inal activities, general intelligence information, background data on the suspects and informant information, within the confines of their geographical jurisdictions, greatly enhanced the overall investigative capability of the task force. This cooperative investigative effort was essential to the successful completion of the investigation. The formation of the investigative task force resulted in the effective unification of the manpower and resources of participating law enforcement agencies involved, and precipitated a niore effective and comprehensive investigative effort. The nature and scope of this investigation necessitates the involvement of Federal law enforcement. Of paramount importance was the public safety aspect and the necessity to curtail the rash of bombings and violence. In this instance, the infusion of Federal investigative manpower and resources into the Rochester area greatly accelerated the progress of the investigation and resulted in the complete cessation of the bombing incidents. The Federal investigation participation, complemented by the utilization of an investigative Federal grand jury under the supervision of an attorney for the U.S. Justice Department Organized Crime and Racketeering Section, greatly facilitated the gathering of witness testimony and documentary evidence against the perpetrators of these violent crimes. ATF's ability to pursue investigative leads through local ATF offices was an important factor. Witnesses residing out of State could be readily interviewed, and telephone toll records and business records could be subpenaed and secured for presentation to the grand jury. Our ability to conduct investigations of an interstate nature greatly enhanced the efficiency and effectiveness of the overall investigation. Certain investigative techniques initiated and further developed by ATF, such as examination of bomb scene debris for explosives taggants, utilization of fixed-wing aircraft for surveillance purposes, and ATF's explosives tracing capability, assisted in the conduct of the investigation. Extensive use of ATF forensic laboratory capabilities was of invaluable assistance in identifying the type of explosives and other components used in the construction of the destructive devices. The capability of Federal law enforcement agencies to place witnesses into the Federal witness security program proved to be a critical asset in this investigation. Many crucial witnesses, peripherally involved in organized crime activities, were reluctant to cooperate with investigators for fear of jeopardizing their lives and the lives of their families. The very nature of the investigation itself, complete with constant overtures of death and violence, mandated that the Government be able to insure the personal safety of witnesses and their families. It is unlikely that this cooperation could have been obtained if the Government had not been able to offer the promise of safety to the witnesses and their families. A total of 14 individuals were entered into the Federal witness security program and relocated during the course of this investigation. Essential testimony was rendered at trial by ATF personnel recognized by the court as expert witnesses. A representative of the Explosives Technology Branch rendered expert testimony relative to the 64-385 0 - 80 - 5 construction of the destructive devices and the similarities between component parts recovered at the scene of bombings and component parts recovered from the Wise Potato Chip truck in June of 1978. A questioned document examiner rendered expert testimony which linked the defendants to hotel registrations, executed under fictitious names, in West Virginia and Ohio, which provided corroboration of testimony offered by other Government witnesses. Since the inception of this investigation, ATF special agents have expended almost 35,000 man-hours in pursuing this investigation. Thousands of hours have been expended in conducting interviews of more than 700 potential witnesses; hundreds of hours were required to compile, examine and analyze thousands of telephone toll call records from throughout the United States. Vast amounts of investigative time were utilized to examine business documents and financial records. The cost of this task has been enormous, with the expenditures of $581,000 in salaries of ATF investigative personnel alone. Travel costs and subsistence for ATF special agents was in excess of $70,000. Furthermore, more than $3,000 was expended to provide interim protection to Government witnesses prior to their actual acceptance into the Federal witness security program. Indirect costs such as motor vehicle maintenance, gasoline costs. photographic work, office supplies, communications costs and clerical support costs cannot be accurately measured, and are therefore not included in the above figures. The cost factor cited above does not include the salaries and expenses incurred by the participating State and local law enforcement agencies; the costs of Justice Department personnel; the costs of operating a Federal grand jury for a period of 1 year with the attendant expenses of witness fees and travel costs; the cost of protection and relocation of witnesses placed into the Federal witness security program; the cost of extensive laboratory examinations of evidence including the salaries of forensic personnel and ATF technical services personnel; and the cost of a month-long trial with a sequestered jury. The financial cost of this investigation clearly exemplifies the necessity for adequate budgetary appropriations for Federal law enforcement agencies if investigations of this quality are to be successfully pursued. As a result of the extensive investigative effort, ancillary violations of Federal law were discovered, including but not limited to multiple conspiracies, perjury, obstruction of justice, mail fraud, income tax fraud, and violations of the RICO (Racketeer Influenced and Corrupt Organizations) statutes. Senator JAVITS. Counsel will handle the questioning. Mr. STEINBERG. Senator, with your permission, we have a slide presentation that the agents have prepared. As with the last slide material, Senator, the pictures are in some respects gruesome, gro tesque, and unpleasant. The screen will be facing Senator Javits so that no one in the audience has to watch the screen if they don't wish to. However, members of the media who wish to watch the screen may. Mr. Kern, would you explain the slides as they appear? Mr. KERN. Yes, sir. We will. This slide of the Blue Gardenia Restaurant is the focal point of a number of attempts on the life of Salvatore Gingello. This is the lo cation where the March 2, 1978, attempt failed to seriously hurt him. This is the March 23 bombing of Mr. Gingello's car which resulted in his death. As you can see, the extensive damage to the front of the vehicle is indicative of the force of the explosives utilized. That is a photograph of the front seat of the vehicle. Mr. Gingello, at the time of the detonation, was the operator of the vehicle. This again is another photograph of the front portion of the vehicle. That is the photograph of the driving area of the vehicle from the back seat. The other two occupants who were not seriously injured, one was in the rear seat and the other was in the passenger side of the vehicle. That is a post mortem photograph of Mr. Gingello reflecting some of the traumatic damage to his torso as a result of the bombing. The next photograph depicted traumatic injuries to the lower body as a result of the detonation of the bomb. This is an aerial photograph, the lower right-hand corner of the gambling establishment at 1455 University Avenue, Rochester, N.Y. On May 21, a time bomb went off in the area of the entrance and did considerable damage to the fence and the front of the building. This is another view of the same violent incident. This photograph was the establishment at 1264-1266 Clifford Avenue, Rochester, N.Y. The photographs here were taken after the second bombing at that location. As you can see, there was extensive damage done to the front of the building. This again is a photograph of the front of the premises at 1264– 1266 Clifford Avenue. In this photograph, it depicts the basement area of the building where the device was placed. You can see extensive damage done to the ceiling which, of course, was the floor of the first floor. The device was placed on the upper part of that photograph, on the "I" beam which supported the building. The device was placed on the "I" beam and the force of the explosion completely shattered it. That is the Wise Potato Chip truck which had been previously parked at the service station, at the scene of the explosives, and the arrest of Mr. Chirico and Starkweather was consummated. That is the beer cooler which we made reference to which was removed from the Wise Potato Chip truck. Those are some of the explosives which had been recovered from the vehicle. That is Kinepac, as it is commonly referred to, which was also recovered from the vehicle. Those are the portions of the electrical blasting caps which we recovered also. That is the timing device which has been modified and was utilized in the construction of time bombs. As you can see there is a switch on the upper part of it. Those are boosters which had been stolen from Genesee Explosives on May 11, 1978. That photograph shows them in the original condition, which includes identification for the tracing of the explosives. We recovered from the cooler more boosters which had the outside shell removed thereby negating the possibility of identifying the explosives or tracing them as to date of origin or purchaser. They were subsequently wrapped similar to this where they would take six boosters, wrap them together and tape them and utilize that for any one particular device. That is a photograph of a F-u-t-a-b-a transmitter recovered from the Wise Potato Chip truck. The transmitters and receivers similar to this were modified and utilized as remotely controlled bombs. That is the photograph of Mr. Didio, who was machinegunned to death on July 6, 1978, at the Exit 45 Motel in Victor. This photograph shows the damage of wounds inflicted by the rounds fired at Mr. Didio and subsequently caused his death. Mr. STEINBERG. Did you prepare pictures of the slides we have seen for inclusion into the record. Mr. KERN. Yes, sir. We do have photographs available. Chairman NUNN. Without objection, that will be part of the record and appropriately numbered exhibit. [The photographs referred to were marked "Exhibit No. 15" for reference and excerpts follow:] FIGURE 5. Bombed automobile in which Salvatore Gingello, Rochester, N.Y., was killed. |