Affidavits, Declarations and Statements
July 12, 1984
United States District Court
Eastern District of North Carolina
Affidavit #14 of Raymond Madden, Jr. (FBI) re: Janet Ault (formerly Jan Snyder)
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. - #14
Raymond Madden, Jr., being duly sworn does depose and say that:
1. I am a Special Agent of the FBI assigned to the Raleigh, North Carolina Resident Agency of the FBI, and as part of my duties in this case I have read the Four Volume Investigative Report of Ted L. Gunderson and Associates, Inc., entitled USA vs. Dr. J. R. MacDonald, including that portion of Volume IV, pp. 7-18, which purportedly reflects the identification of Artist Composite Drawings introduced at the trial in 1979, by Helena Stoeckley Davis. (See Attachment #1 ). (See also Attachment #4, "Events Leading to Interview of Ernie Davis and Helena Davis, aka Helena Stoeckley").
2. I have also read that portion of volume IV, pps. 175-183, which is captioned "Signed statement of Jan Snyder Attachment #2).
3. I have also read the handwritten draft prepared for Mrs. Janet Snyder Ault formerly known as Jan Snyder by Ted L. Gunderson. (Attachment #3).
1/ A witness who testified before the Article 32 Investigatory Officer. See Transcript Volume 11, pp. 1270-1271.________
4. I have also read the testimony of Jan Snyder, before Colonel Warren Rock, on August 12, 1970, Volume XI, p. 1220, 1271, in which the record reflects as follows:
(The hearing reconvened at 1545 hours, 12 August 1970).5. In reading the statements of Mrs. Janet S. Ault, formerly known as Jan Snyder, given to Private Investigator Ted L. Gunderson, in 1980, note that not only has Mrs. Snyder-Ault changed her prior testimony but she has identified the composite (identified by Helena Stoeckley) of Allen Mazerolle, as being the individual she saw on Castle Drive on the night of February 16, 1970.
COL ROCK: This hearing will come to order. Those parties who were present at the beginning of the recess are currently in the hearing room. I'd like to announce at this time that Mrs. Jan Snyder has made herself available as a witness and this has been called to my attention. As you counsel will recall this morning, I stated that I wanted her here if at all possible and she has come of her own volition, apparently as a result of listening to a radio broadcast. I am introducing Mrs. Snyder as my witness. Both counsel will have right of cross examination, beginning with counsel for the government followed by counsel for the accused. Would you please ask Mrs. Snyder to step in?
MRS. JAN SNYDER was called as a witness by the investigating officer and testified as follows:
Questions by COL ROCK:
Q. Please state your name and current address.
A. Jan Snyder, Fairmont.
Q. Is that in North Carolina?
A. Fairmont, North Carolina.
Q. Did you and your husband reside at Fort Bragg in February of 1970?
A. Yes, sir.
Q. At what address?
A. I've forgotten. It was, on Castle Drive. I've forgotten the number.
Q Would a number like 300 or 306 or 308 be in the area? Does that refresh your memory?
A. Yes. 306 Castle Drive.
Q. During the night of 16-17 February, do you recall anything unusual occurring?
A. Yes. I was awakened very early or sometime during the night by an unusual -- I guess a car or something. It was enough to arouse me that I did get out of bed and go to the window and look.
Q. And what did you see?
A. Nothing. It was just -- I think it was a car going by, down -- and I saw the tail lights, and I thought perhaps it was just, you know, someone turning around or -- real fast, or something. It was enough that I did get up out of bed.
Q. I see. Approximately what time was this?
A. I have no idea.
Q. Did you hear any voices at that time?
A. I don't remember. I can't say.
0. Did you hear any people running?
A. I really don't know.
Q. Did you see anyone?
A. No, sir.
Q. Had you previously been awakened at night by similar noises?
A. Yes, anything obviously loud or obviously unusual.
Q. And do you normally go to the window to look out if it is an outside noise?
A. No, sir.
Q. Was your husband at home that evening?
A. Yes, sir.
Q. Did you awaken him?
A. I don't recall.
COL ROCK: I have no further questions. Cross examine, counsel for the government.
6. Your affiant knows from personally reviewing court, police and prison records that Allen Patrick Mazerolle was in jail from January 29, 1970 until March 10, 1970.
Further your affiant sayeth not:
/Raymond Madden, Jr./
RAYMOND MADDEN, JR.
Federal Bureau of Investigation
Subscribed and sworn to
before me this 12th
day of July, 1984.
My Commission Expires May 31, 1985
Report Containing June 1979 Artist Composite Drawings of Alleged Suspects and Photograph of Helena Stoeckley (circa 1970-1971)
December 13, 1980:
Transcript of statement of Janet Ault (formerly Jan Snyder)
I was born 4/16/46 at Robason County, North Carolina. My family residence is Route #3 Fairmont, North Carolina.
During the early morning hours of 2/17/70 while asleep in my second-floor bedroom at 308 Castle Drive, Fort Bragg, North Carolina, I was awakened by the sound of running automobile motors and loud talking. The noise came from the street in front of my home. I got out of bed, went to the window and looked out. I believe it was between 2:00 a.m. and 3:00 a.m. or in that time range. I know the approximate time because my baby had to be fed shortly after this. When I looked out the window, I saw two automobiles parked on the street. One a light-color car possibly cream, was parked to the left of my front door directly in front of my neighbor's home, Mr. John McGowan. McGowan lived at 310 Castle Drive which was in my same building located toward the MacDonald home. This was a two-door car, very plain, small in size with large, round tail lights. I don't know the make of the car. It appeared to be well kept.
The other vehicle was a two-tone, blue Mustang late model with a vinyl top. It was parked at a 90 degree angle in an alcove which came off the street. This was at a 90 degree to the other car which was parked at the curb of the street. The Mustang was a two-door, hard-top, fast back and the top was lighter in color than the bottom.
As one stands facing the street the light color car was heading to the right. The blue Mustang was backed into the alcove with the front facing toward the street. The front of the Mustang was directly behind the rear light color car and located at least one car length behind it. [See exhibit attachment of hand written notes for the diagram.]
There were several street lights in the area of these cars and I could see very well. The people in both cars were talking loudly back and forth between the cars. I did not see anyone out of the automobiles. I don't remember how many people were in each car but both cars had people in them. I don't remember what they were saying. I did hear one voice that was unusual and I think it was a female voice. I also heard male voices. There was something different about the female voice but I don't remember what it was. I didn't see any faces at this time.
All I did was glance out the window. I did not stand there and watch them. I then returned to my bed. About then, I heard something that was different like maybe an automobile pulling up or turning around or leaving. I then went back to the window and watched the automobiles. I recall that automobile B pulled out of the alcove a few yards and stopped with the motor still running. It looked like it was going to turn left toward the MacDonald home but it stopped half in the street and half in the alcove. Automobile A had turned around (a U-turn) and had half pulled along side automobile B. The occupants of both cars continued to talk back and forth. I saw a military jeep next to both cars A and B. All three vehicles were slowly creeping and the occupants were talking back and forth. [See exhibit attachment of hand written notes for the diagram.]
The street lights and head lights of car A were shining on the passenger side of car B and I could see the face of the white male sitting in the front seat passenger side of car B. I don't recall any other faces, but I will always remember that face. There was something about his eyes that were different. He had piercing shinny eyes, dark hair and was ugly. He had a mean-looking face. I was approximately 70 to 80 feet from him.
People were in the military jeep but I don't know how many. I couldn't swear to it but I believe the driver was a black male. When I saw the military jeep, I thought it was the MPs and felt they would handle the situation so I returned to my bed. I didn't get back up and look out the window again and didn't hear anything more after that. I assumed if there was a problem it had been handled by the Military Police. In retrospect, I'm not sure now if the military jeep contained MPs.
Next, I recall the CID investigator who came to my front door about 10:00 a.m. or 11:00 a.m. He asked if I heard or saw anything during the night. I relayed the above story to him including my account concerning the military jeep described above. He asked if I was sure I hadn't seen the military jeep around 6:00 a.m. that day and I said no it was earlier. He said he would return and get more details later but he didn't return. He only stayed maybe five minutes and left. He did make notes. At this point, I was not aware of the MacDonald murders. No one else from the MPs or CID returned to interview me about this.
That summer on two or three occasions, I ran into a CID agent at Pope Air Force Officer's Club bar. He did not know I was a witness. Each time he told me that Doctor MacDonald was guilty and gave me details of the investigation. I don't remember exactly what he said except that they had an eyewitness who could prove he was guilty. I don't recall his name except he was fat, a mouthy person and repulsive.
The next time I was contacted was the summer of 1970. I heard on the radio that the defense was trying to locate me and I went to Fort Bragg and talked to an individual in the office of the Commanding Officer who referred me to the CID. CID talked to me and told me not to lie. They told me that Mr. Segal would attempt to confuse me and that I didn't have to admit or say anything if I didn't want to. CID told me to tell the truth but I was scared and afraid to tell the above story. Prior to testifying, I attempted to call Mr. Segal and tell him the above story but he did not return my phone call. I do not recall the name of the person in CID who gave me the above instructions. Today is the first time (other than the morning of 2/17/70 when I talked to CID). I have not relayed the above information to anyone. The reason is because no one ever asked me about it other than during the Article 32. I didn't talk about it then because I was scared.
On a number of occasions after 2/17/70, I recall seeing the same blue Mustang in the neighborhood on Castle Drive. On one occasion about two or three months after the murders the same person I saw in the passenger side of the blue Mustang the night of 2/17/70 parked across the street in this car. He sat in it with another young white male and they appeared to be looking at a gun. They did not point it at anyone but merely appeared to be looking at it. I called the MPs and by the time they came to the area, the car and the young men were gone. The MPs told me they would check into it but I never heard any more from them.
I also saw this car and the same young white male driving up and down Castle Drive on several occasions. I was told by someone whose identity I do not recall that this person was a friend of an officer's son who lived in the neighborhood.
I didn't see any reason to call the CID about this person because the CID never recontacted me about my story that night (2/17/70). I felt if the CID didn't care enough to get more details from me about what I saw that night, then they wouldn't have an interest in this person appearing periodically in the neighborhood.
The CID has never shown me any photographs of possible suspects in this case. From my conversations with the CID agent at Pope Air Force Base officer's Club, it was obvious they decided at the onset that Dr. MacDonald was guilty and they didn't want to know what I saw the early morning of 2/17/70. It appears they totally discounted my story and weren't interested in what I saw or had to say.
Ted Gunderson has shown me the artist conceptions which he says were made by Dr. MacDonald. These artist conceptions, according to Ted Gunderson, are of the individuals who Dr. MacDonald says invaded his home early a.m. 2/17/70. The artist conception with #44 at the bottom of the page is identical with the person mentioned above who was on the passenger side of the blue Mustang that night and who I saw in the neighborhood on a number of occasions after the murders. I remember him specifically because of his piercing deep set eyes and the sneer on his face. I could pick him out of a crowd today. I cannot recall seeing any of the other individuals in the pictures shown me.
I have read the above fourteen page statement and it is true and correct to the best of my knowledge.
Sean Janet Locklear Ault
December 13, 1980
Witness: Ted L. Gunderson 12/13/80
December 13, 1980
at Cleveland, Ohio
Events Leading to Interview of Ernie Davis and Helena Davis, a.k.a Helena Stoeckley
Ernie Davis' one trip and Helena Davis' two trips to Los Angeles, were the result of a coordinated effort involving numerous phone calls between Beasley and Gunderson. The Davis' trips to California would not have been possible had it not been for Beasley who continuously stayed on top of the situation in North Carolina. Beasley's close relationship to Helena Davis over a more than ten-year period led ultimately to the success of this case. Helena Davis told Beasley prior to each trip to California that she would not take the trip unless he accompanied her.
During early October 1980, P. E. Beasley learned that Helena Davis and Ernie Davis were in the Fayetteville, North Carolina area. Later he learned from a confidential source that Ernie Davis had assaulted Helena Davis and she had signed a warrant for his arrest. Further inquiry established that the warrant was at the police department and no effort was being made to serve it. Beasley learned where Ernie Davis was hiding and arranged to have the warrant served on him. He was arrested by the Fayetteville Police Department and placed in jail under bond of $200.
Beasley had met Ernie Davis during the MacDonald trial in August 1979 and asked and received permission to go to the jail and talk to him. Upon contact with Ernie Davis, Davis asked Beasley if he would get him out of jail and Beasley informed him that he would if Davis would furnish us his knowledge of the MacDonald murders in February 1970. He agreed and said he would appear in court on the day he was supposed to and answer to the charges by Helena Davis. Two hundred dollars was sent to Beasley by Gunderson and Ernie Davis' bond was posted. He came to California and furnished Ted L. Gunderson and P. E. Beasley a signed statement. It is noted this interview and signed statement is contained in report of Ted L. Gunderson & Associates dated 10/2/80. Beasley and Ernie Davis returned to North Carolina from California however he did not appear in court in accordance with the original agreement.
Beasley later learned from a confidential source that immediately upon returning to North Carolina, Ernie Davis contacted Helena Davis and informed her that the MacDonald investigation was being reopened and they both had to leave town immediately. The day after Ernie Davis returned from California he and Helena hitchhiked from Fayetteville, North Carolina for an unknown destination.
Beasley later learned their whereabouts through various confidential sources. After conferring with Gunderson, it was decided Beasley would proceed to their location and attempt to locate the Davis's. Since Beasley had personally made bond for Ernie Davis and he was a bond jumper and a fugitive, Beasley did not have to be concerned about formal extradition proceedings from one state to another. He apprehended Ernie Davis placing handcuffs on him and placing him in the car. He advised him at that point he had jumped bond and for this reason he was being returned to Fayetteville, North Carolina.
After a brief discussion, Helena told Ernie Davis that she was going to hitchhike back to Fayetteville and she would see him there. Beasley then told Helena that since he was going back to Fayetteville, she could ride with him if she so desired. This she agreed to do against Ernie Davis' wishes.
During the ride to Fayetteville, Ernie Davis became extremely unruly and made abusive remarks to Helena. He told her on numerous occasions she was involved in the MacDonald murders at Fort Bragg. She became very upset at his remarks and they began arguing in reference to Helena's family not wanting to have anything to do with her because of the MacDonald murders. Beasley until this point had not made any remarks to Helena concerning the MacDonald murders. She turned to Beasley and asked if he wanted to discuss the MacDonald murders, that she was now ready to do so. Beasley asked her why she wanted to talk about it now and she said she was involved with the killings and she was ready to talk about it at that time. Ernie Davis then told her to keep her damn mouth shut. At this point, Beasley felt it was not wise to discuss this situation any further in front of Ernie Davis.
Ernie Davis kept up his unruly ways and abusive language towards Helena all the way to Fayetteville. After arriving at the Law Enforcement center in Fayetteville, he became abusive towards Beasley. Beasley got out of the car and proceeded to the magistrate's office with Ernie Davis and Helena. Beasley heard Ernie Davis say to Helena "so this is it." She made no reply and before Beasley could stop him, he hit Helena in the head with his arms and handcuffs and knocked her to the ground. He then attempted to drag her and stomp her with his feet. At this time, Beasley took him under control. As they were entering the Law Enforcement building, Ernie Davis snatched Helena Davis' watch off of her arm and stomped it to pieces on the pavement. Once again he was brought under control and placed in jail. A court date was set for his appearance.
Beasley then asked Helena if he could drop her off some place and she stated that she had no place to go. Her parents wanted nothing to do with her. Beasley then asked her if she still wanted to discuss the MacDonald murders and she stated that she did. He asked her why and she stated that she had been living in hell for the past few years, that she was waking up at night screaming and all she could see was the gory scene at the MacDonald residence, the hobby horse and other matters which she could not emotionally handle. It was agreed by her that she would proceed to California and give a signed statement concerning the MacDonald murders providing Beasley would escort her there.
On October 22, 1980, Helena and P. E. Beasley flew to California. During the flight, Beasley asked her if she was aware what this could mean and she stated that anything would be better than what she had been going through for the past few years. She periodically dozed off during the flight and would wake up with a scared look in her eyes. Each time Beasley asked what was the matter and she stated that she could not get the MacDonald murders off her mind. Finally she admitted that she was in the MacDonald house on the night of the murders. She claimed she did not kill anyone but she did witness what happened. She began to cry and Beasley told her if it would make her feel any better to go ahead and talk about it. She then started repeating the word rocking horse, rocking horse. She said she was in one of the children's rooms, but she didn't know which one and there was a rocking horse there. Beasley asked her if she tried to ride it and she stated she didn't try to ride it but that she sort of squatted down on it but it didn't work because a spring was broken on it. She repeated over and over again about the rocking horse and hid her face saying that she just couldn't talk about it. She also told Beasley that she was at the couch where MacDonald was sleeping and she did have a candle and the candle was lit. Beasley asked her who was with her and she was reluctant to say although she did mention Gregg [sic] Mitchell and a person known as Wizard.
Helena stated that Dr. Jeffrey MacDonald was indirectly involved with the killings of his family. When asked what she meant she stated that he cut several people off and refused to give them any drugs. She didn't mention any names. MacDonald was not killed as that would not have served the purpose. Killing him would have ended his suffering. By killing the closest things to him and leaving him alive, he would have to suffer more. Helena stated that she was a witch during the MacDonald killings and she still was at the point where people could see stars in her eyes. Black cats still shied away from her.
Helena stated that every time she sees a rocking horse, she goes all to pieces. When she was living with Ernie Davis' brother he had three children. One of them was the age of Kristen Jean MacDonald and one day their little girl was crying and reached her arms out for Helena and for some reason it seemed in her mind that she had seen something like this before. She could not pick up the child, panicked, and ran from the trailer home.
Helena remembered seeing Dr. MacDonald getting up from the couch on the night of the killings. Helena kept mentioning Gregg and the name Cathy Smith as being there. Helena stated on the night of the murders she went into the Apple House on Haymont Hill for a short while and that she came to the Apple House in a blue Mustang with three other people, two white and one black male. The black man who was wearing an Army fatigue field jacket with E-6 stripes, was Dwight Smith - nick name Smitty and Zig Zag. This black man lived at the trailer park (Hickory) that was rented by Robert Murray Sanders. She did not remember the others or would not say. Helena stated that if she was ever alone with MacDonald, she may kill him for all the trouble that he has caused her.
She further states that she remembers the night Beasley stopped her at the house on Clark Street after the murders and talked to her about the killings along with others who were with her. She further stated that she remembers letting Beasley have the wig and floppy hat to examine what she was wearing and that she asked him to return it to her. Later she burned both the wig and hat. She states that she flushed them down the toilet. The heel on one of her boots was broken and she cut up her boots with a razor blade and threw them into a trash dump near where she lived. When I asked why all this was done, she stated that she thought she may have been involved with the murders and wanted to get rid of everything she was wearing that night.
She stated that the night of the murders she returned to her home on Clark Street - it was early in the morning. She stated when she walked in the door one of the girls and some others that were there asked her why she did it. She stated that she told them that they deserved to die. She stated she was tired of waking up screaming and having nightmares and flashbacks every time she saw a rocking horse and an ice pick and heard children crying. Helena stated on many occasions on the flight to Los Angeles, that the rocking horse was driving her crazy and she knew the spring was broken on it.
Beasley asked Helena why she put up with Ernie beating her all the time since she told him he had broken her leg, blacked her eyes, and hit her in the back with a 2 x 4 with a nail in it. She stated that her family wanted nothing to do with her and didn't want her around because of all the publicity she had received. She had to live somewhere and that was the reason she was living with Ernie. Beasley asked her why she signed the warrant for Ernie's arrest and she said she had taken enough beating from him, but it was dangerous for her to be on the street where she might be recognized and that she probably would go and live with him again.
Helena Davis and P. E. Beasley arrived in Los Angeles the early evening of October 22, 1980. She was met there by Ted L. Gunderson. All three of them immediately proceeded to the offices of Ted L. Gunderson & Associates, 1100 Glendon Avenue, Suite 1200, Los Angeles California. The evening of the 23rd and the 24th of October 1980, Helena was reluctant to discuss the matter, however, finally late evening October 24, 1980 she agreed to furnish a signed statement concerning the MacDonald murders.