During proceedings led by prosecutor Miquel Rodriguez, the grand jury received testimony at odds with almost every FBI witness statement. For instance, paramedic Todd Hall, one of the first to come upon Foster's body, testified he saw a man wearing a red vest running away from the death scene on the trail at the bottom of the berm. Hall said his FBI statement misrepresented what he told them. His first statement reads that he "saw something moving in the woods. He was unable to determine if it was a person." This was an important question considering the group of unidentified men wearing such vests later encountered by Park Police on a park trail.

As noted previously, the Park Police simply dismissed these unidentified men wearing red/orange vests as just "volunteers" working on one of Fort Marcy's trails. Hall's observation from the area of the body of an individual wearing an orange or red vest should have raised red flags for Fiske's investigators. It didn't.

The Strange Death of Vincent Foster: An InvestigationBy Christopher RuddyPage 191