Affidavits, Declarations and Statements
July 12, 1984
United States District Court
Eastern District of North Carolina
Affidavit #9 of Raymond Madden, Jr. (FBI) re: Carlos Torres
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DISTRICT OF NORTH CAROLINA
|UNITED STATES OF AMERICA||:||Criminal No. 75-26-CR-3|
|v.||:||Criminal No. 84-41-CIV-3|
|JEFFREY R. MACDONALD||:|
AFFIDAVIT OF RAYMOND MADDEN, JR. - #9
Raymond Madden, Jr., being duly sworn does depose and say that:
1. I am a Special Agent of the Federal Bureau of Investigation, assigned to the Raleigh, North Carolina Resident Agency, and on May 31, 1984, Carlos E. Torres, 4377 Calhoun Street, Hope Mills, North Carolina, home telephone number 425-2185, was contacted at Pope Air Force Base where he is employed as the Superintendent of the Golf Course, work telephone number 394-2189. Mr. Torres was immediately advised of the identities of the interviewing agents and related that his date of birth was October 11, 1931, at Puerto Rico. He furnished the following information:
2. In February, 1970, he was stationed in the United States Army at Fort Bragg, Fayetteville, North Carolina. Prior to that time, he was assigned to the 108th MP Company, but on February 16, 1970, he believes he was employed by the NCO Club located on post. His home address at that time was 205 Weaver Street, Spring Lake, North Carolina, and he retired from the military service on February 28, 1974.
3. During the summer of 1983, he attempted to buy a used car at an unrecalled car lot in Hope Mills, North Carolina. He believes the car dealership may have been Bradshaw Auto Sales, but he is not certain. He spoke to a salesman about a car, name unrecalled, and eventually the conversation somehow got into the MacDonald case as he had read in the news that MacDonald was petitioning for a new trial. He told the salesman at the time the MacDonald family was murdered, that on the way home from work that night from the NCO Club, at 2:05 a.m., on February 17, 1970, he had observed a van near the intersection of Honeycutt Road and Bragg Boulevard, Fayetteville, North Carolina. In reference to this, Torres advised the next day he heard the news about the MacDonald murders and from recollection advised that he was stopped at a red light at the above-mentioned time and date and that while waiting for the light to change, he observed a dark blue van, possibly a Volkswagen van, being a 1962, 1963, or 1964 model, as he had previously owned one, and being dark blue in color, parked on Bragg Boulevard facing the direction of Honeycutt Road. He observed that the front driver's side door was open on the van and he could not see the side door. He estimated the distance to be approximately 60 to 70 yards away. He observed three people, one possible black male (he is not certain of race), but believes he was light skinned, age unknown, who was standing outside the vehicle next to the driver's side door which was open. He believes this individual possibly had on blue jeans, a short sleeve shirt, but is not sure of his clothing and does not think the individual was wearing a hat. Torres admitted he could not describe this individual better because of the time of morning and the distance involved.
4. He advised that he observed another individual, believed to be a white male, maybe a white female, about 5 feet 10 inches to 5 feet 11 inches, but noted he could not really remember how tall this individual was. He did recall that this individual had long stringy blondish-brunette hair and was possibly wearing a tank shirt, possibly khaki pants, but noted he is not sure of the clothing. This individual did not have a hat and was coming from the buffered wooded area near the intersection.
5. The other individual he observed, race unknown, was possibly a white male. This individual had short dark hair, age unknown, was possibly 6 feet tall, but noted he was taller than the other individual walking from the woods. His clothing was unrecalled, but he was possibly wearing a light colored shirt. Both of these individuals were coming from the wooded buffer zone and he did not know where they were coming from or what they had done. He does not recall any of the individuals as wearing sunglasses at the time.
6. Mr. Torres advised after the light changed and he continued down the highway that he watched the van in his rear view mirror until he could not observe it any more. To the best of his recollection, the van had not moved by the time he lost sight of it.
7. Approximately one year ago, he was contacted by the used car salesman at Bradshaw Auto Sales who was accompanied by a white male in his mid-50's. This individual, name unknown, possibly Raymond Shedlick, identified himself as a private investigator and talked to Torres and he related the above information. Torres believes he was contacted on two occasions by Mr. Shedlick at which time he was shown a number of sketches and/or photographs of numerous individuals.
8. Torres advised that he never related the above information previously to law enforcement authorities because he was aware that the CID was investigating the MacDonald case and as a former MP, he did not want to interfere with CID affairs. He has followed the MacDonald case somewhat since the inception and has had an interest in it.
9. Mr. Torres was shown a copy of a declaration by Raymond R. Shedlick, Sr., entitled "Shedlick Declaration Number 3," and permitted to read from Section 5 of this declaration through Section 17. Mr. Torres advised he understood the declaration after reading same and immediately thereafter was shown a copy of "Exhibit B" which was attached to Shedlick's declaration. Torres advised there was no way he could identify this individual depicted in the photograph on Exhibit B as being identical to any of the individuals he observed on February 17, 19710. He advised the man in the photograph depicted on Exhibit R appeared to be too heavy as compared to any of the individuals he observed on February 17, 1970. He noted the man he saw on February 17, 1970, to the best of his recollection did not wear sunglasses and at this point in time he does not feel as though he could positively identify any of the individuals even if he were to view them in person. He advised it has been too many years and he did not observe these individuals closely enough.
10. At this point in the interview, Mr. Torres was shown a copy of "Exhibit C" attached to Shedlick's declaration and after viewing this photograph which depicts seven male individuals, Mr. Torres advised that he could not recognize anyone in this photograph.
11. Torres noted that he was recontacted by Mr. Shedlick who wanted him to sign an affidavit, but he declined to sign same because he did not want any involvement in the MacDonald case and further because he did not feel as though he could identify any of the individuals he observed on February 17, 1970, although he attempted to pick out "look-alikes" for Mr. Shedlick. By picking out certain individuals for Mr. Shedlick, he did not mean that he was positively identifying these individuals, merely that they may have had some similar features, such as hair length, and size. He is not prepared to appear in court and identify anyone as being identical to the individuals he observed on February 17, 1970.
12. He would not sign Shedlick's declaration that had been prepared for him as he was not certain of the information contained therein. He also advised that he has appeared in court in the past and does not desire to be in the courtroom atmosphere again. He stated he was in court for a divorce and that he was also in court for a car accident, believed to be before Judge (First Name Unknown) Dupree and noted he did not care for Judge Dupree and believes it is the same Judge who was involved in the MacDonald case. He also had some hesitation about appearing in court because he was a retired government employee and is currently employed by the government in a civilian capacity. Mr. Torres was advised that should it be necessary for him to appear in court that he should testify truthfully to any information he may possess and that in no way would his government position be jeopardized.
Further your affiant sayeth not:
/Raymond Madden, Jr./
RAYMOND MADDEN, JR.
Subscribed and sworn to
before me this 12th
day of July, 1984.
My Commission Expires May 31, 1985