THE EVIDENCE AS TO TAWANA BRAWLEY'S WHEREABOUTS

In the absence of testimony from Tawana Brawley, and due to the very limited information she provided on the two occasions police authorities were able to interview her, the Grand Jury has had to rely on other evidence to determine where she was and what might have happened to her during her four-day disappearance. This evidence includes testimony as to efforts by members of her family to locate her during the four-day period; testimony from friends, acquaintances and former neighbors concerning possible sightings of her during this period; the discovery of textbooks that she may have been carrying at the time of her disappearance; and the evaluation by forensic experts of physical evidence recovered from her body, her clothing and the vicinity of her discovery.

The Family's Efforts to Locate Her

During the early evening of either Tuesday, November 24 or Wednesday, November 25, a black woman who identified herself as Tawana Brawley's aunt appeared at the Newburgh Police Department and told the desk officer that her niece had run away from Wappingers Falls and was believed to be somewhere in the vicinity of Liberty Street in Newburgh. The Sergeant who spoke to the woman initially recalled that she came on Wednesday, November 25, but after he checked his duty schedule, he concluded it was Tuesday, November 24.

Because Tawana Brawley's home was in Wappingers Falls, the desk officer informed her aunt that a missing person report had to be filed with the Wappingers Falls Police Department, which should be asked to direct a teletype to the Newburgh Police. The desk officer also asked for a photograph of Tawana Brawley, but her aunt did not have one with her. No missing person report concerning Tawana Brawley was in fact filed until Saturday, November 28, when Glenda Brawley visited the Wappingers Falls Police Department.

During the period following Tawana Brawley's disappearance, her mother called several of her friends and Cathy W., whose apartment in Newburgh Ms. Brawley had visited on November 24, to inquire about her whereabouts. On Thursday, November 26, Thanksgiving Day, Ralph King asked William B. to drive him to the apartment of Cathy W. in Newburgh. Mr. King knocked on the door of the apartment, but there was no answer.

On the next day, Friday, November 27, Juanita Brawley went to Cathy W.'s apartment in Newburgh and accused her of kidnapping Tawana Brawley. Juanita Brawley also telephoned her former husband and made several other trips to Newburgh looking for her niece.

On Saturday, November 98, after leaving the Pavillion Apartment Complex, Glenda Brawley drove to the Wappingers Falls Police Department to report Tawana Brawley missing. She arrived at the police station at 2:02 p.m. According to the officer who took the report, Glenda Brawley first stated that her daughter had been missing since the preceeding Tuesday, then corrected herself and said she had actually been missing since Monday, November 23, and that she may have been in Newburgh. When the officer asked Glenda Brawley why she had waited until Saturday to report this, she responded that she worked nights at IBM and did not have a car. (There was testimony that Glenda Brawley's route from work to home passed near the Wappinger Falls police station, and that there were three vehicles in the Brawley/King household.) Glenda Brawley left a photograph of Tawana Brawley and described her as wearing a blue jeans skirt, black shoes, a black top and a gold chain. The officer who took the report and another who was present described Glenda Brawley's demeanor as calm.

Glenda Brawley then drove to the Newburgh Police Department. At 4:20 p.m., she reported to the desk officer that her daughter was missing from Wappingers Falls, and had been seen in the area of Liberty and South Streets in Newburgh. The desk officer described Glenda Brawley's demeanor as calm and pleasant during the fifteen minutes she remained at the station. The officer did not prepare a missing person report because Tawana Brawley had disappeared from Wappingers Falls, but did record the information and was given a photo.

Alleged Newburgh Sightings

The Grand Jury examined the possibility that Tawana Brawley was in Newburgh during the period of her disappearance.

William B., who drove Ms. Brawley to Newburgh on Tuesday, November 24, told an FBI agent in March of 1988, that he had received a phone call from Ms. Brawley on Wednesday, November 25, during which she told him she was not going home and asked him not to tell her parents. He later recanted that story. In his appearance before the Grand Jury, William B. testified that he was telling the truth when he said she never made that call.

The Grand Jury heard the testimony of individuals who, according to the testimony of others, had said that they had seen Ms. Brawley in Newburgh during this period. However, when these individuals testified, they denied having seen her.

One witness maintained before the Grand Jury that he did see Ms. Brawley in Newburgh during this period. He claimed that he had been previously introduced to her by a boyfriend of hers. This witness testified he saw her with an unidentified girl on the afternoon of either November 25, 26 or 27, on Lander Street in Newburgh. He stated he saw her twice meet and engage in conversations with an individual on the street whom he identified. He identified one other person as also being present when this occurred.

These two individuals -- the one to whom Ms. Brawley allegedly spoke and the other who was allegedly present -- both testified and denied the incident.

The witness who claimed he saw her admitted that he had previously lied to investigators about also seeing her in a private home in Newburgh on the same day he saw her on the street. This witness also admitted that he was a crack dealer and that he had been drinking heavily on the day in question. In view of the inconsistencies in his story and the lack of corroboration, the Grand Jury did not accept his account as credible evidence of Ms. Brawley's presence in Newburgh.

The Grand Jury knows of no credible evidence that Tawana Brawley was in Newburgh during her four-day disappearance.

The Discovery of Ms. Brawley's Textbooks

Several witnesses who saw Ms. Brawley before she disappeared on Tuesday, November 24, testified about books she carried that day. William B., the friend who drove Ms. Brawley to Newburgh that morning, told us she had "three or four" books, including one or two textbooks which he described as "an integrated math book or a Spanish book." William B. also recalled Ms. Brawley carrying a "spiral notebook." The other friend in the car when Ms. Brawley went to Newburgh recalled "a couple of books, as in few," which he described as "like school books," but he could not be specific when asked whether he meant textbooks or notebooks.

Cathy W., the woman who lived at the apartment where Ms. Brawley first went when she arrived in Newburgh, also recalled that Ms. Brawley had "two or three hardcover books" with her, which looked "like text covered books from school.. The witness could not remember what subjects the books involved, but did recall Ms. Brawley also had a hardcover looseleaf notebook.

Mrs. W., Cathy W.'s mother, who accompanied Ms. Brawley to the Orange County jail, recalled Ms. Brawley carrying what "look[ed] like school books." Mrs. W. did not identify the books with any greater specificity.

The bus driver who said he let Ms. Brawley off at Route 9 in Wappingers Falls that evening described what he believed were "several...school books curled in her arms." During his testimony the bus driver remembered "big textbook-type books. but could not recall if Ms. Brawley had any notebooks. When she left the bus, Ms. Brawley took her books with her.

When Ms. Brawley was found on November 28, there were no books with her. None were found inside her former apartment at l9A Carnaby Drive or in the vicinity of the building.

We heard testimony from a friend of Ms. Brawley who said he shared a locker with her at Ketcham High School. The locker did not have an automatic locking mechanism or a separate lock. After he agreed to share his locker with Ms. Brawley, the friend observed that she put a composition book, a soft cover Spanish workbook and a red hardcover social studies book into the top part of the locker. After hearing that Ms. Brawley had been abducted, the friend looked into the top part of the shared locker "out of curiosity" and saw the same three books.

On March 17, 1988, members of the Attorney General's task force investigating this case interviewed a Ketcham High School classmate of Ms. Brawley's about several different subjects related to the investigation, but the subject of textbooks was not discussed. The next day, several of Ms. Brawley's textbooks were discovered on the teacher's desk in a classroom located ten feet from Ms. Brawley's locker. With Ms. Brawley's books were those of the friend with whom she shared the locker.

The books were not in the classroom the previous day, and both the teacher who last used the room and the custodian who cleaned it later testified that they had left it locked. There were no signs of forced entry into the room. However, there was testimony that all classrooms shared a common key, and it was not unheard-of for students to have access to the key. Later on March 18, a composition book bearing the name "Tawana Brawley" was found in a first floor stairwell of the high school.

The classmate initially interviewed on March 17 testified that he did not know anything about Ms. Brawley's books or how they arrived in the room where they were found on March 18. The friend with whom Ms. Brawley shared the locker noticed that his books were missing when he went to the locker on March 18. He also saw that Ms. Brawley's books were no longer in the top part of the locker where he had last seen them, but he had not checked that portion of the locker since shortly after Ms. Brawley was found.

The friend with whom Ms. Brawley shared a locker examined the books that were discovered in the classroom and on the stairwell. He identified his books and the three books of Ms. Brawley which he said had been in his locker. He examined the other books of Ms. Brawley which were found in the classroom -- an English book, a Chemistry text and a notebook -- and stated that they had never been in his locker. Of the books issued by Ketcham High School to Ms. Brawley, all but a Spanish textbook were found on the teacher's desk on March 18. Thus, based on the accounts of witnesses who saw her with more than one book on November 24, the Grand Jury cannot rule out the possibility that books that she had with her that day appeared at her school in March.

We have heard testimony that Ms. Brawley said that on the day she disappeared she was carrying two books, one of which was a Spanish book. Ms. Brawley made this statement after the discovery of the school books had been publicly reported, and the Grand Jury is uncertain as to whether those reports may have affected this account.

Evidence of Ms. Brawley's Presence in the Woods

The Grand Jury found no evidence that Ms. Brawley spent any length of time in a wooded area.

FBI Special Agent (S/A) Michael Malone, an expert in hair and fiber analysis, examined the jeans, pink shirt and pink shoe that Ms. Brawley was wearing on Saturday, November 28, as well as the black blouse that had been around her head, the ladies' gloves that had been in the plastic bag with her, the bag itself, and the burnt cloth and the cotton-like material (subsequently identified as DuPont Hollofil) found with the bag. He also examined the acid washed denim jacket and jeans found in the washing machine inside Apt. l9A. He further examined the pubic hair combings, fingernail scrapings and clippings, debris removed from her body and hair samples which were obtained as part of the rape kit at St. Francis Hospital. He also studied photographs taken at the hospital of Ms. Brawley.

S/A Malone has examined evidence in approximately fifteen hundred rape cases. Several hundred of those rapes were alleged to have taken place in the woods. In his opinion, it would be impossible for a person to spend any length of time in the woods without picking up a great deal of plant materials on the person or clothing. He stated you would expect to find things like needles, leaves, pieces of wood, twigs and grass fragments. He noted that most rapes take place on the ground. He testified, "Normally you're going to find it all over the clothes, many times in the hair of the individual, pubic combings, all over the body, just everywhere. "S/A Malone found "absolutely no plant material."

This Grand Jury also considered the other medical and scientific evidence that is detailed more fully in other sections of this report. Despite weather that dipped to the freezing mark several times during the four-day period, Ms. Brawley exhibited no signs of exposure. She was not dehydrated or malnourished; her breath did not have a bad odor. There were no bruises or scuff marks on her body consistent with having been on the ground. The Grand Jury found no evidence consistent with a person having been sexually assaulted in a wooded area and no evidence that Ms. Brawley spent four days or any significant part thereof in a wooded area.

Evidence of Ms. Brawley's Presence at the Pavillion Apartment Complex

The Grand Jury heard accounts from several witnesses, examined certain items of physical evidence, and received expert forensic testimony, all of which pointed to the possibility of Ms. Brawley's presence at the Pavillion Apartment Complex during the period of her disappearance.

Pavillion Sightings

On the morning of Thursday, November 26, Thanksgiving Day, a resident of Scarborough Lane arose at approximately 7:30 a.m. The resident and his wife were going to his mother-in-law's for Thanksgiving dinner. They had baked five or six pies and had to get everything together for the trip.

While his wife was getting ready, he went into the dining room and looked out the rear of his apartment. The rear of his apartment adjoins the common area that separates his building from the rear of the buildings on Carnaby Drive. Behind the building that contained units 17, l9, 21, 23 Carnaby, he observed a black woman. He described her as being in her teens or early twenties, wearing an acid washed denim jacket. Her hair was "matted down as if she had slept on it, was flat in the back, and the sides were sticking up as if she had just gotten up." The length of the hair was halfway between the ears and the shoulder.

She was first observed standing about fifteen feet from the rear of the building between units 19 and 17. The resident saw her grab the top of her jacket and clutch it as if for warmth.

The resident observed her walk toward the end window of unit 17 then to the rear corner of the building when she "bent down and she peeked up towards Carnaby Drive...as she made that turn, she walked along the side of the building in a walking position as if she was sneaking up on something, trying not to be seen." When she arrived at the front corner of the building on Carnaby, the resident described her actions as follows:

She then bent down again and she looked across the front of those buildings on that side. So she stood there for a couple of seconds. Then she gave a fast glance to the right, looking down the parking lot of those buildings, down that way. She then turned around and hurried back, not at a fast pace but at a kind of a brisk pace, and she walked around the building again and went into the third patio door.

The resident identified the third patio door as that of Apt. l9A Carnaby Drive. The resident distinguished the way the person walked back to the apartment from the way she walked to the front of the building. He testified, "she looked as though she knew where she was going, not sneaking around or anything, she just went right back."

The resident stated he has never met Tawana Brawley. He stated he did not get a good enough look at the person to make a positive identification. He examined photographs of Ms. Brawley and said that the person he saw on Thanksgiving was consistent with the appearance of Ms. Brawley.

We note from evidence we received that another black teenage girl residing at the Pavillion Apartments in November, 1987, also fits this description. This young woman is approximately the same height as Ms. Brawley, has the same complexion, owns a denim jacket similar to the one worn by Ms. Brawley and, from a distance, could be mistaken for Ms. Brawley. However, this young woman, who is a friend of Tawana Brawley, testified that she spent the evening and night of Wednesday, November 25, all of Thursday, Thanksgiving Day, and the morning of Friday, November 27, with her family visiting relatives in Pennsylvania.

Although this friend of Ms. Brawley did testify that she visited the former Brawley apartment between 9:30 and 10:30 a.m. on Sunday, November 29, the Grand Jury believes that she was not the young woman the Scarborough Lane resident testified he observed. Because it was raining on Sunday morning, Ms. Brawley's friend was carrying an umbrella, which is inconsistent with the observation of the Scarborough Lane resident. Also, she testified that she entered the apartment by walking from the front of the building housing Apt. l9A to the rear and sliding open the patio door, which was unlocked because her brother had spent the previous night inside the apartment. /3 Consequently, her movements do not match what the Scarborough Lane resident said he observed on Thanksgiving morning.

There were other indications that Apt. l9A was occupied by someone during the period from Tuesday, November 24, to Saturday, November 28, 1987.

A Carnaby Drive neighbor testified that he heard a door slam in Apt. l9A at approximately 7:00 p.m. on either Tuesday, November 24, or Wednesday, November 25. He also saw a light on inside the apartment for "quite a few days" prior to and after November 24. His wife testified that she saw a light shining from inside Apt. l9A on either Tuesday, November 24, or Wednesday, November 25. He also testified that on Friday, November 27, at approximately 9:30 a.m., there was loud music coming from either Apt. l9A, which is adjacent to his apartment, or Apt. l9D, which is directly above his apartment. The resident in 19D testified that she did not play any loud music during November and did not have any visitors on Friday, November 27, or Saturday, November 28.

The Grand Jury also heard evidence that certain items found in Apt. l9A at the time of Ms. Brawley's discovery had recently been taken from a neighbor's apartment. During their searches of the Brawley's former apartment, investigators found a pair of denim jeans in the washing machine, and in a closet, a pair of white boots, which had been cut open, exposing the insulation material (subsequently identified as DuPont Hollofil). A neighbor who lived in the adjoining apartment identified both of those items as belonging to her. She had noticed the boots missing from her apartment on Friday, November 27.

Investigators also found in the washing machine with the neighbor's denim jeans, an acid washed denim jacket with a piece of white cotton-like material (subsequently identified as DuPont Hollofil) inside it. This jacket was identified by William B. as his jacket which he had lent to Ms. Brawley and which she was wearing when he dropped her off in Newburgh on the morning of Tuesday, November 24.

As described later in this report, FBI forensic experts examined these items and other evidence from Apt. l9A and by means of hair and fiber analysis were able to further connect Ms. Brawley with Apt. 19A.

The Grand Jury believes that another resident of the Pavillion Apartment Complex may have more information concerning Ms. Brawley's whereabouts during the period of her disappearance than she was willing to reveal in her testimony. This individual is a friend and former classmate of Ms. Brawley.

She admitted in her testimony that on Saturday, November 28, 1987, she told her father that at 1 p.m. that day (which is shortly before Ms. Brawley was first sighted by a Pavillion resident) a "friend" came by her apartment, but she did not allow this friend to enter. She admitted in her testimony that she subsequently told investigators that she had indeed allowed the "friend" to enter and that they had visited for a while.

She testified that she was mistaken in what she told her father on Saturday, November 28, and later to investigators; that the "friend" had not come to her home at 1 p.m. on that day; and that no one had. The "friend", she said, had either been there on a different Saturday, or may not have been there at all. The "friend" she identified is another Pavillion resident and friend of Ms. Brawley, who testified that she was with her family in Peekskill from Thursday, November 26, until Saturday night, November 28.

The Grand Jury does not find the witness's explanation credible and believes she may be concealing information concerning Tawana Brawley.

Forensic Evidence

Testimony by forensic experts concerning physical evidence found on Ms. Brawley's body, her clothing and in the vicinity of the Brawley's former apartment, sheds further light on Ms. Brawley's whereabouts between Tuesday, November 24, and Saturday, November 28.

As noted earlier, FBI Special Agent Michael Malone, an expert in hair and fiber analysis, examined Ms. Brawley's pubic hair combings, fingernail scrapings and clippings, debris removed from her body and hair samples, all of which were recovered during her examination at St. Francis Hospital. He also examined the clothing she was wearing and the items found at the scene. As noted above, he did not find plant materials on Ms. Brawley's body or clothing, which would have been present if she had spent any length of time in the woods. However, he did find hair and fibers that indicated Ms. Brawley's presence in Apt. 19A.

S/A Malone found hairs and two different types of fiber on Tawana Brawley and the clothing and items associated with her and the scene. He found pubic hairs consistent with hers in the denim pants found in the washing machine in Apt. l9A. He found head hairs consistent with hers in Apt. l9A, although that was not surprising since she had recently lived there. He found other unidentified Negroid hairs in the apartment. He found a total of five carpet fibers on the jeans she was wearing, the pink shoe, the webbed black strap found with her and the black blouse. These carpet fibers matched the carpet fibers from the rug in Apt. 19A.

S/A Malone also found white DuPont Hollofil fibers in Ms. Brawley's pubic hair combing and in dog feces on the left black glove found in the plastic bag in which she was found. The clumps of white material found near her and in the jean jacket in the washing machine were found to be Hollofil. These fibers perfectly matched the Hollofil fiber in the cut-open white boots found in Apt. l9A. Hollofil fiber is used only in insulation.

S/A Malone stated that based on studies done in England by the Central Research Establishment, 80 percent of the fibers transferred to an individual are gone after only four hours of normal activity; 96 percent are gone after 36 hours. It was his opinion, therefore, that the presence on Ms. Brawley's clothing of five carpet fibers consistent with the carpet fibers from the carpet in Apt. l9A leads to two conclusions: first Ms. Brawley must have been inside the apartment within the two days prior to her discovery; second, originally she had many more of these carpet fibers on her.

He did not find any Caucasian head hairs in Apt. l9A or any Caucasian pubic hairs on any of the items recovered from Ms. Brawley's body, her clothing, or from the scene. He found one Caucasian bleached blonde head hair, a few inches long, on the black blouse that had been wrapped around Ms. Brawley's head at the scene. There was testimony that her clothing had fallen to the floor under the stretcher in the emergency room. In S/A Malone's opinion, this evidence was thereby contaminated because the hair could have been picked up from the hospital floor.

Other expert forensic testimony compared the feces present on Ms. Brawley's clothing and on the clothing found in Apt. l9A with the feces of a neighbor's dog. FBI Special Agent Douglas Deedrick, an expert in hair and fiber analysis, found dog hairs in the feces found on the pink shirt, pink shoe and the black gloves which were in the bag when Ms. Brawley was discovered. He also found dog hairs in the feces on the denim pants which were found in the washing machine in Apt. l9A. After examining the dog hairs embedded in the fecal material on these items, and determining that these hairs had gone through a digestive tract, he concluded that the material was dog feces. He compared these hairs to hairs from the dog belonging to the occupants of Apt. l9B Carnaby Drive and hairs from the dog belonging to the occupants of Apt. 21A Carnaby Drive. According to S/A Deedrick, the dog hair found in the feces on the clothing Ms. Brawley was wearing and on the denim pants found in Apt. l9A are inconsistent with the hair from the Apt. l9B dog; they are consistent with the hair from the Apt. 21A dog. S/A Deedrick testified that, in his opinion, he felt "strongly that dog could have been the source of the hairs."

In examining the black, ladies' gloves found inside the bag with Ms. Brawley, he noted that the feces was smeared on the palms and came up between the fingers and onto the back of the fingers, as though the person wearing the gloves had pressed down on a mass of the feces. The fecal material on the pink shoe was found mostly on the sole, as if the feces had been stepped in.

FBI Special Agent Robert Murphy, an expert in firearms and tool mark identification, examined the white boots, the pink shoe, the black leather strap and the black webbed belt.

He also examined the word "NIGGER" which appeared to be cut into the instep of the pink shoe. He determined that the cut of the word in the pink shoe is more characteristic of a single-bladed or sharp-bladed tool, like the razor found in Apt. l9A, than a shearing action type tool, such as scissors. He also stated that the cuts in the white boots and black straps could have been made by the razor found in Apt. l9A or by a shearing action type tool.

Finally, FBI Special Agent Thomas Lynch, an expert in forensic chemistry, examined a number of other materials using light and electron scanning microscopes, including the charred portion of the face cloth material found near Ms. Brawley, a charred portion of the jeans she was wearing, and the charred material found inside Apt. l9A, which he identified as charred cotton. He also examined the material that constituted the writing on the pink shirt. His findings, which are discussed in more detail below, are that the writing was made with charred cotton fibers, and that the charred materials he examined could have produced the writing on the pink shirt.

To recapitulate, the forensic evidence shows that Ms. Brawley spent some time in Apt. l9A during the two days prior to November 28, and that her contact with that apartment was more than fleeting. The relatively large number of carpet fibers found on her clothing which matched the carpet fibers from Apt. l9A show that she had recent and significant contact with Apt. l9A. Similarly, the white DuPont Hollofil fibers which were found in Ms. Brawley's pubic hair combing match the fibers from the white boots found in Apt. l9A. This same fiber was recovered in a clump near the spot Ms. Brawley was found, and on the left black glove found in the plastic bag she was in. Ms. Brawley's pubic hair was present in the denim pants found in the washing machine inside Apt. l9A. Dog hair found in feces on the pink shoe, the pink shirt Ms. Brawley was wearing, and the black ladies' gloves found in the bag with her is consistent with dog hair found in the feces on the denim pants which were recovered from the washing machine in Apt. l9A. Finally, the acid washed denim jacket, with a clump-of Hollofil inside it, found in the washing machine, was the jacket she wore on Tuesday, November 24.

The forensic evidence also shows that everything needed to put Ms. Brawley in the condition in which she was found was present in and around Apt. l9A. The dog hairs found in the feces on the pink shirt and pink shoe Ms. Brawley was wearing, the black gloves found in the bag with her, and on the denim pants found in the washing machine, match the hair from the dog belonging to the occupants of Apt. 21A Carnaby Drive. This dog was permitted to defecate in the area behind Apt. l9A and Apt. 21A Carnaby Drive. A razor that could have cut the word "NIGGER" into the pink shoe she was wearing, cut open the white boots, and cut the black leather strap and the black webbed belt, was found in Apt. l9A. Finally, the charred cotton fiber from the charred face cloth found near her, the charred jeans she was wearing and the charred materials found in Apt. l9A was consistent with the charred cotton material used to write the words "KKK" and "NIGGER" on the pink shirt she was wearing.

THE EVIDENCE AS TO TAWANA BRAWLEY'S MEDICAL CONDITION

The Grand Jury examined a significant amount of evidence concerning the medical condition in which Tawana Brawley was found on Saturday, November 28, including testimony and written reports from the ambulance technicians who picked her up, the medical personnel at St. Francis Hospital who treated her that same day, a gynecologist who saw her on Monday, December 1, and physicians at the Westchester County Medical Center who saw her on Tuesday, December 2, and on subsequent days.

The Grand Jury also heard testimony from two forensic pathologists who reviewed the testimony and written reports of the personnel who treated Tawana Brawley. Based on their review, the pathologists offered opinions on Ms. Brawley's medical and physical condition and the quality of care she had received.

Treatment by the Ambulance Technicians

Upon their arrival at the Pavillion Apartment Complex on Saturday, November 28, the emergency medical technicians (EMTs) from Sloper-Willen Ambulance Service found Ms. Brawley in a fetal position in the plastic bag with her head sticking out. She had a black blouse around her head and maintained a biting grip on it.

Their first course of action was to check for responsiveness, the primary airway, breathing, and circulation. One EMT testified that when she first saw Ms. Brawley, she appeared unconscious and unresponsive. There was no visible reaction to a sternal rub that was applied in order to cause pain and obtain a response. An ammonia inhalant was passed under Ms. Brawley's nose, and there was no reaction. The EMT attributed this to the presence of cotton-like material in her nostrils.

During the course of the EMT's exam, Ms. Brawley reached out and grabbed, with both of her hands, the hand of one of the EMTs. - The EMT could not easily get her hand away from Ms. Brawley's grip and had to forcibly pull Ms. Brawley's hands off. The EMT attempted to check Ms. Brawley's pupils and encountered difficulty in opening her eyes. She testified that she had to use some force to open them. She stated that MS. Brawley's pupils were dilated and reacted only slightly.

One EMT conducted a head-to-toe survey and found no injuries, cuts, bleeding, swelling or deformity. She testified that Ms. Brawley "just appeared like she was, for an unknown reason, just laying behind the building." The EMT took her vital signs and recorded her as having shallow respiration with a weak and slightly irregular pulse. The EMT observed that she was wearing burnt jeans and had redness on her legs and stated in the written report prepared later that there were burns on her legs. (Subsequent examination at the hospital showed that there were actually no burns.)

The two EMTs attempted to get Ms. Brawley out of the fetal position and tried to pull her legs out so she would lie flat but were unable to do so.

In the ambulance the I.V. was started and Ms. Brawley exhibited no visible reaction to the needle's insertion. Dextrose was administered via the I.V., as well as Narcan. Narcan is a narcotic antagonist that would cause a reaction in a patient who was under the influence of certain narcotic drugs but has no effect on Valium, cocaine and certain other drugs. There was no reaction to the administration of the Narcan. Prior to their arrival at the hospital, the vein in which the I.V. was inserted collapsed, and the fluid, instead of entering the vein, infiltrated the tissue. As a result of this, the I.V. was removed to be reinserted at the hospital.

After arriving at the hospital, the EMTs filled out reports. Among other things, the EMTs used a standard scoring system called the Glasgow Coma Score, which is used as a quick means of broadly assessing the condition of a trauma victim. They scored Tawana Brawley as a three on a scale of three to fifteen. (This assessment, which was contradicted by other medical evidence, will be discussed later in the report.)

Ms. Brawley was taken from the Pavillion by the ambulance at 2:22 p.m. She arrived as a "Jane Doe" at St. Francis Hospital in Poughkeepsie at 2:39 p.m.

Treatment at St. Francis Hospital

Immediately after Ms. Brawley's arrival, she was examined by the emergency room physician, a specialist in emergency medicine since 1981. Initially, Ms. Brawley did not react to voices or commands and appeared to be unconscious. However, the physician determined that she was never unconscious in the emergency room. After having initially resisted the physician's efforts to open her eyelids, Ms. Brawley subsequently opened her eyes when the physician said to her, "I know you can hear me, so open your eyes." The physician also performed a consciousness test by raising Ms. Brawley's arm directly above her face and letting it fall. If the patient is unconscious, the arm will strike his or her face; a conscious patient will be aware of the threat to his or her face and will alter the course of the arm's fall, according to the physician. In Ms. Brawley's case, her arm did not strike her face.

In the course of the examination and treatment, Ms. Brawley was able to follow commands, sit up and lean over, push herself down on the stretcher, place her legs in stirrups, move her legs to position herself, and physically react to the normal discomfort caused by aspects of the examination. Ms. Brawley did not complain of any pain during this examination.

Neither the physician nor an emergency room nurse found evidence of any injuries, broken bones, discolorations, contusions or bruises, other than a small bruise on the back of her head and the swollen left arm where the I.V. inserted in the ambulance had infiltrated. The physician described the bruise as being approximately the size of a quarter. It was not tender, there was no collection of fluid underneath it, and when the doctor touched it, Ms. Brawley did not wince or pull away in pain. The doctor estimated that the bruise did not appear to be fresh and could have been one day to several days old. She testified that the bruise was unlikely to have been able to cause unconsciousness.

There were no bruises, lacerations, tenderness or blood in the rectal area, and there was no evidence of trauma to the mouth or the back of the throat. An examination of the vaginal and pelvic areas did not reveal any cuts, dried blood, bruising, swelling, deep redness or any other evidence of injury, nor was there any in the surrounding outside skin.

Examination of Ms. Brawley's legs where one EMT thought she noticed burns disclosed that there were in fact no burns. Moreover, there were no burns anywhere on Ms. Brawley's body.

There was no evidence of exposure, low body temperature, dehydration or undernourishment. (Weather reports introduced into evidence indicated that the temperatures for the days Ms. Brawley was missing were as follows:

Low (degrees) High (degrees) Tuesday, November 24 30 at 5 a.m. 57 at 2 p.m.

Wednesday, November 25 32 at 1 a.m. 50 at 2 p.m.

Thursday, November 26 32 at 12 a.m. 50 at 12 p.m.

Friday, November 27 31 at 4 a.m. 40 at 2 p.m.

Saturday, November 28 34 at 1 a.m. 43 at 2 p.m.

Her teeth were clean, and her mouth did not have a bad odor. In her testimony, the emergency room physician noted that a typical person who came into the emergency room having been out in the environment would not have brushed her teeth or have good hygiene of the mouth. This would result in a bad odor, even if the person was out only overnight. Ms. Brawley's good dental hygiene was inconsistent with not having brushed her teeth in three or four days. No evidence of urine was found in Ms. Brawley's mouth.

Ms. Brawley's respiration was noted by hospital personnel at 22 breaths per minute, her pulse was 78 and regular, her temperature stable at 99 degrees, and her blood pressure 138/98.

A blood test was conducted which revealed no evidence of alcohol.

Ms. Brawley voided urine in the stretcher in the emergency room two times. This precluded the taking of a urine sample for testing. The physician determined no physical reason for Ms. Brawley to have been incontinent.

The emergency room physician administered the standard rape kit provided by the New York State Police.

The rape kit involved several procedures: 1) wipings and cultures were taken from Ms. Brawley's vaginal area and checked for sperm motility (i.e., sperm that may have been present and moving); this was microscopically examined immediately and no motile sperm was detected, although a white discharge of trichamonas was present;

2) pubic hair was combed for any materials trapped in it;

3) pubic hair was pulled;

4) debris that had adhered to Ms. Brawley was collected;

5) vaginal swabs and smears were taken and placed on slides;

6) rectal swabs and smears were taken and placed on slides;

7) swabs of the mouth were taken and placed on slides;

8) Ms. Brawley's fingernails were clipped and the material embedded in them was collected;

9) a saliva sample was taken;

10) hair was pulled from different areas on Ms. Brawley's head;

11) blood was drawn.

The results of the laboratory analysis of the rape kit evidence are discussed later in this report.

Further blood tests were conducted by FBI Special Agent Thomas Lynch, an expert in forensic chemistry, who analyzed the sample of Ms. Brawley's blood from the rape kit. He found no evidence of alcohol or any of four hundred drugs, including Valium. The blood was not tested for marijuana or LSD. He also tested the orange pill that was found on her clothing at the hospital and found it to contain what is commonly known as Valium. (The circumstances under which the pill was found on the floor at the hospital make it possible that it was not brought in with Ms. Brawley.)

Gynecological Examination

On Tuesday, December 1, 1987, Ms. Brawley was examined by a gynecologist from a nearby city. Before her examination, Ms. Brawley's aunt informed the doctor that her niece was unable to walk or talk. The physical examination was restricted because Ms. Brawley "appeared to be in pain," according to the gynecologist's testimony. She grimaced when the gynecologist attempted to move her head, appeared to be in pain when attempting to position herself in the stirrups and would not cooperate with the cervical examination because of the pain. However, the gynecologist did not observe any black or blue marks or swelling on Ms. Brawley's legs and found no physical reason for her inability to walk. The gynecologist also concluded that Ms. Brawley did not have any gynecological problem, and there was no need to admit her to a hospital as a gynecological patient.

Treatment at Westchester County Medical Center

On Tuesday, December 1, 1987, Tawana Brawley was examined in the Westchester County Medical Center Emergency Room by a pediatric resident physician. Glenda Brawley told the physician that because her daughter was shy, she would answer all the questions and give the medical history. Glenda Brawley told the physician that the account she would give of what happened to Tawana Brawley might not be reliable or be a good history because Ms. Brawley had been unable to give her a full idea of what happened. According to Glenda Brawley, Tawana Brawley was in good general health until she was abused, raped and molested by a group of white males. Now she was suffering from slow speech, headache, hip pain, inability to walk, pain above the left eye, pain in the left shoulder, pain in the left side of the neck, pain in the left arm (from an I.V. infiltrate), pain and tenderness in the lower abdominal area, and pain in the lower back. She also had no control over her urge to urinate. Tawana Brawley was present while Glenda Brawley related these complaints and appeared to be in agreement with her mother's statements.

The doctor's report of the examination recorded a mildly tender area above her eye and tenderness on the left side of her neck, her left shoulder, ribs, pelvic area and hip. Ms. Brawley was either unable or unwilling to move her legs, but had full range of motion in her arms, hands, neck and feet. She reacted normally to light touches on her arms, legs, hands and feet and exhibited normal motor functions, indicating she was able to move in response to signals sent from the brain, and had good and equal bilateral strength, adequately resisting the pulling of arms and legs. Her reflexes in the arms, hands, knees and feet were within the acceptable limits for a healthy person. There were no bruises on Ms. Brawley, or swelling, except for her left arm. X-rays of her hips, ribs, and left shoulder were negative, and her blood and urine tests were normal. She was menstruating at the time. Her left hand grasp was weaker than her right, and she was able to push both feet against a nurse's hands with equal strength.

During the exam, Tawana Brawley and her mother were friendly and agreeable and did not seem gravely concerned about any immediate problem. Glenda Brawley stated that everything had been done to her satisfaction at St. Francis Hospital, and she just wanted a physical exam for her daughter. Ms. Brawley was given an appointment with the adolescent medicine department, but was not admitted on Tuesday, December 1, because the physical findings did not warrant hospitalization. However, according to another physician at the Medical Center, "[i]t was decided that [Tawana Brawley] should be called back to the hospital and admitted because this case had already been in the press and was therefore somewhat high profile, and because this would be the best manner in which to coordinate all the necessary services for her."

Tawana Brawley was admitted to Westchester County Medical Center on Wednesday, December 2 (and was discharged on Friday, December 4). A resident physician in the emergency room and an assistant professor of pediatrics at the Medical Center examined Tawana Brawley. She did not respond to any questions, and her mother provided a brief history. The examination revealed that she had no physical problems though she said she was unable to walk, was weak and exhibited low muscle power. When asked, she said she was unable to move her arms and legs, and when told to stand, she dropped to the floor. She had tenderness in her lower abdominal area and a bruise on the back of the head, -though otherwise did not appear to be in any pain. Skull X-rays were negative, her vital signs were normal, she had a one-inch abrasion over the right breast that was described as a scratch, no lacerations in the vagina, nor any redness or bleeding of the cervix, and her arms and legs had a full range of motion when manipulated by the physician.

The pediatrics professor's impression on Wednesday, December 2, was of an alleged sexual and physical abuse, which was based on the history provided by Glenda Brawley, as well as a possible conversion reaction, a condition in which physical i-symptoms are produced by the unconscious mind. A psychiatric consultation was ordered.

Ms. Brawley was then examined on that same day by a specialist in pediatric neurology. In the examination, Ms. Brawley exhibited signs of weakness in her arms and legs when undergoing specific strength tests, but when she had to adjust or move her body in order to assume new positions, she showed no sign of weakness or paralysis and was able to move her legs without pain. She exhibited normal reflexes in her legs and reacted normally to the planter response test (stroking the bottom of the foot). There were no spinal cord, nerve or muscle problems nor were there any areas of her legs or arms that did not have sensation. There was no evidence of brain swelling or concussion.

The neurologist testified that Ms. Brawley was "unconcerned, and, in his judgment, not acting properly for one who had undergone such a traumatic event: "that even though you're telling somebody that you're paralyzed and you've obviously apparently been through a lot, you are for some reason quite happy and acting like everything is okay, when it doesn't appear to be okay at all. It was an inappropriate affect for the situation." He concluded that Ms. Brawley's complaints were nonphysiologic, but rather psychogenic.

On Thursday, December 3, 1987, Ms. Brawley was again examined by the professor of pediatrics. Ms. Brawley reported improvements in the strength of her left arm and left leg, but in subjective tests, in which the results are able to be controlled by the patient, Ms. Brawley exhibited decreased strength in her left arm and both legs. A test was conducted in which Ms. Brawley's left arm was held above her face and dropped. The hand did not strike her face, which indicated that there was no organic basis for the weakness. Therefore, according to the physician, this movement by Ms. Brawley could be attributable to either conversion reaction or malingering. Malingering was defined by the physician as a condition in which the patient consciously either feigns or prolongs a certain symptom.

Ms. Brawley was examined again by the pediatrics professor on Friday, December 4, 1987, and showed both subjective and physical improvement in her arm and legs, and no evidence of neurological disease. Ms. Brawley's complaints of paresthesia (tingling or numbness) and absence of sensation varied from examination to examination. The professor's impression was "conversion reaction and/or post-traumatic stress disorder." Malingering was still considered a possible diagnosis. A December 7, 1987 examination produced the same impression.

Ms. Brawley was discharged from the Westchester Medical Center on Friday, December 4, 1987. At the time of Ms. Brawley's discharge, the pediatrics professor who was the discharging physician had not entered a "discharge diagnosis,. nor did she sign the face sheet of Ms. Brawley's medical records. The Department of Medical Records later entered a discharge diagnosis of "multiple contusions." Upon being advised of this invalid discharge diagnosis, the discharging physician crossed out the erroneous diagnosis, wrote "error," dated and initialed it, and wrote her discharge diagnosis of "conversion reaction and alleged sexual abuse."

A computer printout, which was a "billing abstract" prepared for the billing department of the medical center listed "rape" as a discharge diagnosis for Ms. Brawley. The printout was prepared for billing and research purposes by a billing department coder who reviewed Ms. Brawley's medical records and abstracted the diagnoses into a numeric code to conform to the guidelines of the World Health Organization. The physician's discharge diagnosis of "alleged sexual abuse" was numerically coded as "rape" because that is the closest code available under the guidelines. There is no numeric code for either "sexual abuse" or for "alleged."

The discharging physician did not make a diagnosis of rape. She testified that she "would not in any circumstance make a medical diagnosis of rape...because it was not my role as a physician to determine what may have occurred." No diagnosis of "rape" was entered by any physician in any part of the Westchester County Medical Center records for Tawana Brawley, and there were no test results or findings by any of the examining and treating physicians at the medical center that indicated that sexual activity had taken place or that she had been raped.

Ms. Brawley met several times with a child and adolescent psychiatrist at Westchester Medical Center. These meetings will be discussed later in this report.

Evaluation by Forensic Pathologists

The Grand Jury heard testimony from two experts in forensic pathology concerning their evaluation of the medical condition in which Tawana Brawley was found on Saturday, November 28. *

Dr. Michael Baden is a physician, medical examiner, and forensic pathologist and is currently the Director of the Forensic Sciences Unit of the New York State Police. He is a former Chief Medical Examiner for the City of New York and was the chief forensic pathologist and chief medical consultant to the United States House of Representatives Select Committee on

Dr. Baden reviewed Ms. Brawley's condition and treatment when she was in the care of the EMTs, St. Francis Hospital and Westchester County Medical Center.

Dr. Baden examined the reports of the EMTs and their testimony along with the testimony of the witnesses who observed her when she was found. Dr. Baden testified at some length regarding the observations and actions of the EMTs.

Dr. Baden testified that Tawana Brawley's respiratory rate of 8 to 10 breaths per minute, which was reported by the ambulance technicians, was consistent with her being relaxed and is not a sign of "any debility or abnormality." He testified that her pulse rate of 60 or 62 is "a little bit slow, but again consistent with resting." This rate is consistent with her being not "frightened" but rather that she was "calm." He also noted that her pulse was repeatedly found to be in the range of 60 when she was tested in the Westchester County Medical Center several days later.

He testified that her blood pressure on Saturday, November 28, as recorded by the EMT (90/50), was "a little bit low," but that it was not unusual for an adolescent and that it was consistent with the readings recorded at the Westchester County Medical Center several days later.

He concluded that he regarded her vital signs on Saturday as "as being consistent with good health" and that "she has no physical problems, no physical abnormalities, no injuries."

Dr. Baden also reviewed the Sloper-Willen Community Ambulance Service reports. In his view, the findings of the EMT were "rough estimates" of Ms. Brawley's condition taken on three separate occasions during a 17-minute period in an emergency situation. The goal of the EMTs was to provide the best emergency medical care, that is, to assume the worst and treat for the worst with the hospital eventually providing the appropriate medical treatment. Their purpose is not to give a medical evaluation of what happened.

The Pre-hospital Care Report, which is filled out by the EMT after returning to the office, contains, among other information, a listing of the vital signs, the level of consciousness, and the GCS, or Glasgow Coma Score. Dr. Baden explained that the GCS is a system for quickly evaluating how critically ill a patient is, most commonly from head trauma. There are three items that are considered in computing the score. The GCS listed here was 3, the lowest possible score. That score would mean that Ms. Brawley was virtually brain dead. Dr. Baden testified that in his opinion, this score was clearly "wrong. and "not at all valid."

A patient should receive a score of one if the patient cannot open the eyes. If a patient can open the eyes, the score should be four. Where, as here, the person resists opening the eyes, the score should also be four. The second category measured is motor response: if the patient cannot move, the score should be one. If the person can move, the score should be six. Here Ms. Brawley grabbed the EMT's wrist. She should have received a score of six. The third category is verbal response. The worst score is one and the best five. There is a difficulty in determining whether a person cannot or does not want to talk. Nonetheless, Ms. Brawley's GCS should have been at least ten out of fifteen, a good score, according to Dr. Baden, rather than three.

Dr. Baden also testified that, from his review of the testimony of the ambulance technicians, the sternum rub test may not have been done properly. The EMTs had concluded from the test that Tawana Brawley was unconscious. Dr. Baden noted that correct application of the sternum rub test "requires a certain sadism" on the part of the doctor and that it involves putting "severe pressure" on the chest, not just a "rub." If the test had been done correctly, he believes Ms. Brawley would have winced. He also said that a negative response to the sternum rub test indicates a condition that "doesn't come and go in 20 minutes" and that at St. Francis Hospital, she was clearly not unconscious.

The reports filed by the EMT indicated that Ms. Brawley's pupils were non-reactive and dilated, although the EMT testified that her pupils, in fact, reacted slightly. In either event, these findings are unremarkable under the circumstances, according to Dr. Baden. Twenty minutes later in the hospital the findings were perfectly normal.

Dr. Baden testified that, in his opinion, Ms. Brawley "was not in severe trouble immediately and physically at the time she was picked up."

Dr. Baden testified that in his opinion, Ms. Brawley received good and appropriate medical care from the ambulance technicians, though he disputed their diagnostic findings, and good and appropriate care at St. Francis Hospital. It was also his opinion that the emergency room physician collected the evidence for the rape kit properly and professionally. He noted that for "criminal justice" reasons, he would have wished for more evidence to have been saved, but also acknowledged that a physician's first concern is to treat a patient accurately, carefully and in a caring manner -- not to-secure evidence. He felt that nothing much was lost as a result of the time that elapsed between Ms. Brawley's arrival at the hospital and the administration of the rape kit. He also noted that not much was lost because her body, other than the pubic perineal region, had been washed prior to the administration of the rape kit, since her body had been photographed with the fecal matter and markings still on it and the fecal matter on her clothing had been preserved.

Dr. Baden also gave his opinion that the care at Westchester County Medical Center was appropriate and within accepted medical standards. He also believed the care was necessary. Ms. Brawley had physical complaints that had to be evaluated, and the emotional impact of the alleged assault had to be evaluated. Dr. Baden concluded his testimony by saying that "there's no evidence, in my opinion, within a reasonable degree of medical certainty of any physical trauma at all." He also concluded, based upon the medical reports from Westchester County Medical Center, that there were "no physical reasons she couldn't walk."

He testified that further evaluation of her condition at the time of her discovery on Saturday and of her apparent inability to walk subsequently should be left to psychiatrists.

Dr. Justin Uku, a forensic pathologist and the Chief Medical Examiner of Erie County (his other credentials are listed later in this report) who testified extensively on other aspects of this case, briefly commented on Tawana Brawley's medical condition. He testified that from my review of the medical evidence there was nothing that should have caused the position, the situation she was in. when she was found on Saturday, November 28.