On 10-8-86, Beering convened a meeting. Present were School of Science Dean Ken Kliewer, Chemistry Deparetment Head Harry Pardue, Provost Varro Tyler and Fong. The purpose was to discuss Purdue's submission to the United States Congress to arrive at remedial measures for (1) PCDF's agreement in the making of the Calvin cycle - NSF's dark photosynthesis funding standard; (2) the Posner-Margerum transfer to procure Reviewer No. 8, and (3) the state and federal tax issues arising from (1) and (2). Beering tape-recorded the proceedings.
On 4-26-88, Beering submitted the tape recording of the 10-8-86 meeting to the court in Francis K. Fong v. Purdue University, U.S.D.C., N.D. Ind., Hammond Division, No. L-88, i.e., PX 45, Exhibit and Witness List (4/25/88-4/28/88). This List shows the chain-of-custody of PX 45: no one except Beering and the court had access to it.
issued an order to release a tape recording, which the court's clerk, Steve Ludwig, certified as "the original PX 45 tape." But this "original" tape was badly chopped up. Side A of the tape (please download and play) appeared intact; but Side B was shortened by approximately 30 minutes. Compare, the court's certified transcript submitted by Beering on 4-26-88, which faithfully tracks the deletions manifested by the mechanical "clicks" and broken words uttered by Beering. See, Fong's 7-29-98 letter to DOJ (Tax) trial counsel Gerald Parshall. On 8-11-98, Parshall, Fong and Margareta, Fong's wife, met at the Justice Center in Washington. There, in the library near Parshall's office, the three of them listened to the tape in its entirety. Parshall verified the broken up passages on Side B of the tape, and determined that the discussions on the Calvin cycle were deleted in toto. Accordingly, he wrote for submission on the following business day before his superior, Chief Mullarkey, a memorandum request for the FBI crime lab's forensic analysis of Moody's "original PX 45 tape." In 1988, the deletions set in motion the murder plot for eliminating Don MacLauchlan as Fong's live witness in the GAO review committed 10-30-89 by Senator Lugar's office (Keith Luse), see, Hunt Submissions at 25.
- “In Chief Judge Sharp’s thorough opinion appearing at 692 F.Supp 930, he extensively discusses PX 45, see esp. pp 941-942. *** Dr. Beering contended that the entire meeting had not been recorded in the first place; at that time you were contending that a portion of the tape was deleted in 1986. The court found that regardless of which contention was correct, the matter wasn’t on the tape so it could not support any of your claims. *** So many people had access to the tape from 1986 on, that it would serve no purpose for the F.B.I. to examine the tape, because even if it were concluded that matter was deleted from the tape, it would be impossible to tell who did it or when.”
But evidence of the tampering on Side B of PX 45 is manifested by Beering's broken words and the mechanical clicks appearing immediately following the broken sentence, "A letter I wrote Dr. Ford that I decided not to send pending internal investigations . . ." Transcript at 9, end of paragraph 2. Because this transcript was submitted, PX 45B on 4-26-88, by Beering to the court, the "so many people had access to the tape from 1986 on" are narrowed to Beering and the court. PX 45B tracks precisely PX 45, the tape released by Moody could only have been tampered with by Beering, the court. Nowhere in “Chief Judge Sharp’s through opinion” was there an “extensive” discussion of PX 45. Instead, Sharp's discussion was on "PX 46," a copy of PX 45 made by Purdue audio technician Richard Kemmer, Exhibit and Witness List, 692 F.Supp. 930, 938. Fong has a tape recording of Mullarkey's telephone call on 9-22-98, in which he contradicted his letter in all details. The DOJ executive wondered in the recorded conversation why DOJ(Tax) trial counsel Jerry Parshall asked Fong to contact The New York Times to facilitate Mullarkey's request for the FBI crime lab's forensic analysis of the PX 45 tape. ("the FBI PX 45 request")
Beering's lawyer David Starkweather in a motion paper filed 9-9-98, Hunt Submissions at 35-36, wrote:
- "The facts which demonstrate that Fong's cross motion for summary judgment should be denied are: the alleged [PX45] tape which is the subject of Fong's counterclaim was not tampered with and the federal district court conclusively resolved this issue more than a decade ago; the statute of limitations bars Fong's allegations with respect to evidence submitted in a case in 1988."
- "Senator Lugar's commitment of the GAO review in the fall of 1989 prompted Judge [Richard A.] Posner to order the McLauchlan contract to eliminate your only live witness. To finnish you off, he also ordered my submission of the shortened transcript ("PX 45B") to match the abbreviated PX 45 tape, thereby eliminating your remaining evidence."
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