Journal of Forensic Research

Analysis of Fraudulent Photographs Submitted to Federal Court and the United States Congress

Abstract

Bryan Burnett

Photographs or recently digital images are routinely taken during autopsies. The analysis and interpretation of those images assumes that they are properly taken and handled, and can be relied upon. This paper concerns a case in which manipulation of such an image may have led to an unfounded conclusion in a death investigation. In 1994, as a result of the wrongful death civil case in United States District Court Central District of California Southern Division (SA CV 93-991) brought against the Department of Defense by Dr. David Sabow and Sarah Sabow, brother and wife of the victim, United States Marine Colonel James E. Sabow, approximately 30 autopsy photographs were released. One of the autopsy photographs differed from all the other photographs by appearing to be poorly taken. This photograph of the victim’s posterior upper body appeared to have had the flash too close to the victim’s lower left side, which caused the upper back, neck and left pinna to be overexposed. Digital analysis of a high resolution scan of this photograph revealed it was likely the result of darkroom manipulation. A nearly identical photograph to the questioned photograph, submitted in a report to the United States Congress, was a different fabrication. In December 2012 the original, unmodified photograph was discovered from which both manipulated photographs were generated. The original photograph allowed for a more detailed analysis of the questioned photographs and showed that perjured submissions had occurred: the first in Federal Court and the second to the United States Congress.