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Bozanich, in his affidavit filled with the court in September, gave several reasons to support his argument. Citing the history of the court orders Bozanich stated that on May 29, 1968, Judge Herbert Waiker had issued an order restricting access to the original Sirhan exhibits by providing that persons, other than counsel of record, could obtain access to the exhibits only by order of the court. Thereafter, during an investigation in 1971 by the District Attorney into claims that a second gunman besides Sirhan had been involved in the assassination of Senator Kennedy, it had come to the attention of the District Attorney that various persons, who were not counsel of record, including William Harper, had obtained access to the original Sirhan exhibits. Bozanich further stated that during a four-day period from August 16 to August 19, 1971, the Los Angeles County Grand Jury heard evidence presented by the District Attorney, including the testimony of Harper, that there had been unauthorized access and handling of the original Sirhan exhibits. Harper was not an attorney, and had not been retained and was not affiliated with attorneys representing Sirhan. Harper had only been given a "letter of accommodation" directed to the County Clerk by George Shibley, one of the several attorneys representing Sirhan cn appeal rPrRSGadie Bozanich argued that Harper had access to, and handled the original Sirhan exhibits pertinent to firearms identification, including all the controversial bullets, People's 47, 52, 54, and 55, and the weapon, People's Exhibit 6. Additionally, Bozanich stated in his petition before Judge Wenke, that Harper's testimony indicated questionable security measures on the part of the County Clerk in regards to the original Sirhan exhibits. Finally, Bozanich showed that Harper himself had admitted his (Harper's) concern in a 1971 interview with the ee ea esha fa Bae Se mae = Lior ae meee District Attcrney's Office that the method of storage employed as to the Sirhan exhibits could operate to impair or eliminate their utility for meaningful firearms identification. Bozanich referred to the 1971 Grand Jury reservations relating ‘to the integrity of the ballistics evidence. Finally, Bozanich in his petition argued that there had never been a judicial deter- Mination, such as a full and complete evidentiary hearing, on the issue of utility and integrity of the Sirhan exhibits. Bozanich then discussed the 1974 hearings conducted by Supervisor Ward. Until the written application of the Los Angeles Times in 1975, and the subsequent application by Paul Schrade and CBS, the only known orders providing access to the original Sirhan exhibits (after the order by Judge Loring in 1972) were two orders. dated April 79, 1974, and April 24, 1974, by Judge Alfred McCourtney authorizing access to Supervisor Ward, Coroner Thomas Noguchi, and members of their staffs. - 48 ~ © O