Crossfire: The Evidence Later in his testimony, Day suggested that the boxes were moved by someone before he arrived. So the evidence of the "sniper's nest" is virtually useless since even the Dallas Police crime scene official stated the boxes had been moved about. Unfortunately, it was the same story with the three cartridge hulls reportedly found on the sixth floor. Day said he took two photographs of the three hulls lying near the sixth-floor window. Two hulls can be seen lying near to each other on the floor beneath the window sill while a third is some distance away. It has been assumed that this was the position of the hulls. However, today there is evidence that they too were moved. In a 1985 interview with researcher Gary Mack, Tom Alyea gave the following account: "In 1963 Alyea was a news cameraman for WFAA-TV in Dallas. He managed to get inside the Texas School Book Depository before it was sealed by police. As he entered the building, Alyea heard someone shout, "Don't let anyone in or out!" Alyea reached the sixth floor and filmed Dallas Police searching for evidence. He said the federal authorities there were "bent on getting me out of the place" and did not want him taking any film but his friendly local police contacts allowed him to stay. Alyea said he noticed shells lying on the floor but couldn't film them because of book boxes in the way. Noting Alyea's predicament, Captain Will Fritz scooped up the shells and held them in his hand for Alyea's camera - then threw the hulls down on the floor. All of this occurred before the crime scene search unit arrived. Alyea said film of the shells lying in their original positions on the floor was apparently thrown out with other unused news film on orders of his WFAA news director." If Alyea's account is true (and there's no reason to believe it's not), then the shells as photographed by the Dallas Police were not in their original positions - but rather where they landed when thrown down by Fritz. Two lawmen on the sixth floor at the time - Deputy Sheriffs Roger Craig and Luke Mooney -have told researchers they saw the three hulls lying side by side only inches apart under the window, all pointing in the same direction. Of course this position would be impossible if the shells had been normally ejected from a rifle. So the evidence of the empty shell cases is now suspect. Just as a matter of speculation, it seems incredible that the assassin in the Depository would go to the trouble of trying to hide the rifle behind boxes on the opposite side of the sixth floor from the southeast window and then leave incriminating shells lying on the floor - unless, of course, the hulls were deliberately left behind to incriminate Oswald. There is yet another problem with the empty rifle hulls. Although the Warren Commission published a copy of the Dallas Police evidence sheet showing three shell cases were taken from the Depository, in later years a copy of that same evidence sheet was found in the Texas Department of Public Safety files which showed only two cases were found. This is supported by the FBI receipt for assassination evidence from the Dallas Police which indicates only two shell cases arrived in Washington just after the assassination. Reportedly, Fritz held onto one of the cases for several days before forwarding it to the FBI. This breach of the chain of evidence causes suspicions to be raised about the legitimacy of the third shell. This suspicion is compounded by the fact that while the FBI Crime Lab determined that two of the hulls show marks compatible with being loaded in Oswald's rifle, the third showed no such evidence. In fact, the third hull - designated Commission Exhibit 543 - had a dent on its lip which would have prevented the fitting of a slug. In its present condition, it could not have fired a bullet on that day. The FBI determined that CE 543 had been loaded and extracted from a weapon "at least three times" but could not specify the weapon as belonging to Oswald. (Some researchers speculate this shell may have been the one used to fire the slug from the Oswald rifle which later turned up at Parkland Hospital and has been designated as CE399 - the "Magic Bullet.") However, FBI experts said CE 543 did show marks from the magazine follower of Oswald's rifle. What went unexplained was how these marks were made, since the magazine follower marks only the last cartridge in the clip. This position was occupied by a live round found that day, not by CE 543. Again, too many questions arise to accept the shell cases as solid evidence.