Trial Transcripts

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MR. BLACKBURN:  Also, at this time, we would call Kenneth Mica.

THE COURT:  All right.

(Whereupon, KENNETH C. MICA was called as a witness, duly sworn, and testified as follows:)

D I R E C T  E X A M I N A T I O N  4:03 p.m.

BY MR. BLACKBURN:
Q  Please state your name?
A  Kenneth Mica.
Q  Mr. Mica, where do you presently live?
A  I live in Centereach, Long Island, New York.
Q  How long have you lived there?
A  Five and a half years.
Q  What do you do for a living?
A  I am a police officer.
Q  How long have you been a police officer?
A  Seven years.
Q  Do you have any special rank?
A  That is the rank -- police officer.
Q  Where did you live prior to your present location?
A  I lived in Amityville, Long Island.
Q  What did you do when you lived there?
A  I was also a police officer.
Q  Before you lived there, where did you live?
A  Before I lived there, I lived in Massapequa, Long Island.
Q  Mr. Mica, have you ever had occasion to live at Fort Bragg?
A  Yes, sir, I did.
Q  When was that?
A  That was from December of 1968, until May of 1978 -- excuse me -- May of '71.
Q  Would you speak loudly enough so that everybody in the Courtroom can hear you?
A  Yes, sir.
Q  While you were at Fort Bragg, would you state to the Court and jury what your capacity was?
A  I was assigned to the 503rd Military Police Battalion at Fort Bragg as a military policeman.
Q  Prior to becoming an DIP at Fort Bragg, what training, if any, were you given as a military policeman?
A  I went through the military police school down at Fort Gordon, Georgia.
Q  What was the nature of that course?
A  It was basically first aid, traffic, procedures of arrest, prisoner transportation, and so forth.
Q  What training, if any, were you given with respect to preservation of a crime scene?
A  Basically, we were trained to preserve the crime scene.  We were not really trained to collect any evidence -- basically, just to keep it intact and maintain it for CID.
Q  What other training, if any, do you have as a policeman?
A  I have an Associate Degree in Police Science from the State University of New York.  I have a Bachelor's Degree in Criminal Justice from New York Institute of Technology.
Q  When were those degrees obtained?
A  The Associate Degree was obtained in 1967.  The Bachelor's Degree was 1976.
Q  Directing your attention, Mr. Mica, to the days of the 16th and 17th of February, 1970, as a result of your official capacity as an MP, did you have an occasion to be on duty that night?
A  Yes, sir, I did.
Q  When did you come on duty if you recall?
A  I came on at approximately 2330 hours on the night of the 16th -- 11:30 p.m.
Q  Would you translate that for everybody?
A  That was 11:30 p.m. on the night of the 16th.

THE COURT:  He just did.

MR. BLACKBURN:  For counsel.

BY MR. BLACKBURN:
Q  What was the normal course that you worked on duty that night?
A  That is what was referred to as the midnight-to-8:00 shift.
Q  Do you recall what the weather was that night?
A  It was fairly cold and it was raining.
Q  What was your specific assignment on the midnight shift?
A  We were assigned to jeep patrol -- my partner and myself to cover the Anzio Acres Corregidor Courts area at Fort Bragg housing area.
Q  Did you, in fact, patrol that area that evening?
A  Yes, sir.
Q  Who was driving that night?
A  Spec. 4 Morris.
Q  Where were you seated?
A  I was in the passenger side of the jeep.
Q  As a result of your patrols, did you have an occasion to go into the Corregidor Courts housing area that evening?
A  Yes, sir.
Q  Approximately how many times, if you recall, did you go into that area prior to 3:40 a.m.  on the 17th of February?
A  I would say in the vicinity of at least four or five times.
Q  Did you come near the area of Castle Drive?
A  Yes, sir.
Q  How many times, if you recall, did you go near the area of Castle Drive?
A  I don't recall.
Q  More than once?
A  I would say either on Castle Drive or on a street that intersected it, we went past it.
Q  During these trips, prior to 3:40 a.m. on the 17th, what other moving vehicles, if any, did you see, if you recall?
A  I don't recall.  I know traffic was light, but I don't recall how many vehicles.
Q  If you recall, what pedestrians, if any, did you see?
A  Prior to responding?
Q  Yes.
A  Again, pedestrian traffic was very light.
Q  Now, directing your attention to approximately 3:40 or 3:45 a.m., as a result of being on patrol, did you have occasion to receive a radio alert or radio call?
A  Yes.
Q  What was the substance of that call?
A  The first call we received -- I don't recall the exact time -- but it was earlier in the shift.  That was on, I believe, North Dougherty for a defective oil burner.  That was the only call received prior to 3:40.
Q  If you would look, Mr. Mica -- if you would get the pointer and look at the exhibit to my right and point out on that exhibit where you were when you are speaking of North Dougherty?
A  This is North Dougherty right here (indicating).
Q  Where does that intersect with Castle Drive?
A  Right here (indicating).
Q  Would you point out where Castle Drive is?
A  This is Castle Drive right here (indicating).  This is North Dougherty right here (indicating).
Q  You may resume your seat.  As a result of receiving the radio call, what, if anything, did you do -- you and your partner?
A  The earlier call?
Q  Yes, sir.
A  We responded to a house on North Dougherty.  It seems there was a Captain who had trouble with his oil burner and called the MPs.
Q  Where were you when you received that call?
A  I don't recall.
Q  Now, can you describe for us, please, the way that you went to North Dougherty Street from where you were when you first got the call?
A  I don't recall.

MR. BLACKBURN:  Just a moment, Your Honor.

(Pause.)

BY MR. BLACKBURN:
Q  Now, Mr. Mica, with respect to the second call, what did you do after you got the second call?
A  The second.  call -- you are talking about the 3:40 call?
Q  Yes?
A  We responded at that time.  We responded to, I believe, another house number on North Dougherty Drive.  I believe we had a mix-up in the house numbers.
Q  When, if at anytime, did you receive a call to go to Castle Drive?
A  At approximately 3:40 a.m.
Q  Where were you when you got the call to go to Castle Drive?
A  As I recall, we were off the side of the road by a fire house watching traffic.
Q  Do you recall the street you were on?
A  It ran off of Honeycutt Road.  I don't know if it was actually on Honeycutt or if it was on the main road that ran off to it.  I don't know.
Q  As a result of receiving a call to go to Castle Drive, what if anything did you do?
A  We responded.
Q  What was the route that you took to get there?
A  We came up Honeycutt Road.
Q  (Interposing)  Excuse me.  If you would, if you would take the pointer, please, on the photograph would you point out where you were and where you went?
A  On the photograph?
Q  Yes, sir.
A  We were down in this area right down here.  It would be off this photo.  I believe there is a fire house either right there at the intersection of Honeycutt and I don't recall the other street.  I think it was Knox Street.  But there is a fire house down there.  We pulled off into the parking lot of the fire house.  We responded down Honeycutt, past the intersection, down to North Dougherty, up North Dougherty, and, as I said, I think we went to a house number on North Dougherty first.
Q  Where is Castle Drive on that photograph?
A  This would be Castle Drive right in here.

MR. BLACKBURN:  You may resume your seat.

Q  While you were proceeding on that route, did you have an occasion to see anyone?
A  Yes, sir.
Q  Who did you see?
A  I observed what I feel was a female standing on the corner of -- it would have been Honeycutt Road and South Lucas.
Q  Would you point out to the jury where that is?
A  That would be right over here at this intersection.
Q  And on the photograph, would you also point out where that is?
A  That would be right in here.
Q  Where was this girl standing when you saw her?
A  She was standing off on the side of the road I would say ten or 12 feet, possibly more, off the corner.
Q  Approximately how far from where she was were you when you saw her, if you could guess?
A  I don't recall.
Q  Was it raining at that time?
A  I believe it had just stopped raining just prior to that.
Q  Was your window up or down?
A  Jeeps don't have windows.  They have a canvas side-curtain with heavy plastic.
Q  Can you describe this girl that you saw for us?
A  To the best of my recollection, she had on a dark-colored raincoat and what appeared to be a type of a dark-colored rain hat, and I believe I could see part of her legs below the raincoat.
Q  What boots, if any, did she have on?
A  I don't recall seeing boots.
Q  What color was her hair, if you know?
A  I don't know, sir.
Q  Can you describe the hat that she had on?
A  As I recall, sir, the hat was sort of a wide, like a rain-type hat that the women wear.  I don't know what it is called.
Q  Was it a light or a dark hat or do you recall?
A  It was dark.  I believe it matched her raincoat.
Q  When you saw this girl, was the jeep going forward or had it stopped at the intersection?
A  As we approached the intersection -- again, I don't know the distance -- but she caught my eye.  We came to a slow stop and continued through.
Q  How was your jeep marked?  Was it marked in any way?
A  Right across the front window under the windshield there is a white sign with black letters approximately, I would say, five or six inches high that state "Military Police."  It has a red light mounted on the fender.  It had a round plaque on the back that also said "Military Police."
Q  Was the light on or off -- the red light?
A  I would believe it would have been on.
Q  Did you have an occasion to observe this entire intersection?
A  Yes, sir.
Q  Would you describe to the jury what is located there or what was located there in 1970?
A  Yes, sir.  On the corner where I saw this girl, there is a gas station.  Directly across the street is a small shopping center, a PX-type, and then on the opposite side is the Corregidor Courts Housing Area.
Q  Approximately at what time, if you recall, did you arrive at 544 Castle Drive?
A  I don't think it was any more than five minutes after we received the initial call.
Q  When you got there, what did you do?
A  When we got there, there were already several Military Police patrols ahead of us.  everybody seemed to be standing at the front door.  We got out and we went up and asked what was going on.
Q  Did you know any of those Military Police in the front area?
A  Yes.
Q  Who were they?
A  Lieutenant Paulk was there with his driver.
Q  Do you know who his driver was?
A  I believe it was someone called Dickerson.  I don't know what his rank was.  I don't recall what his rank was.  Tevere was there with his partner.
Q  Do you recall his partner's name?
A  No, not at this time.  There may have been one other patrol there, but I don't recall.
Q  How many Military Police were there at that point, if you know?
A  I know of at least four.
Q  Besides you and your partner?
A  Yes.
Q  After you went to the front of the apartment, what did you do?
A  We waited around for a minute and at that time I believe I heard Sergeant Tevere come around from the back of the house, come up along the side of the house, and he yelled something about "getting Womack ASAP."
Q  After that occurred, what did you do?
A  At that point, I was -- I had started to walk around to the side of the house.  I ran into Sergeant Tevere and we both proceeded back around to the rear door of the house.
Q  Now, Mr. Mica, if you would, come down.  If you would for the jury, Mr. Mica, point out -- assuming that this is the front -- point out for the jury where you went after you got out of your jeep until you went into the apartment.

THE COURT:  Would it be for convenient for him to stand behind the exhibit and look over and reach over?  That will accommodate the jury, I believe.

THE WITNESS:  This is the front door.  We came to the front door.  The door was locked.  There were several MPs there.  There was a little bit of light coming from the windows.  We looked in the windows and that was it.  I started to proceed around the side of the house and I heard Sergeant Tevere yell, "Get Womack ASAP."  About that time I proceeded a little bit faster and I ran into Tevere on the side of the house.  We then both proceeded around to the back door.

BY MR. BLACKBURN:
Q  When you got to the back door, what did you do?
A  We went in.
Q  Who went in first?
A  Tevere.
Q  Who went in second?
A  I did.
Q  After you got inside, where did you go?
A  We went through, I guess, the little utility room, and we hit the doorway into the master bedroom.
Q  Was the light in the utility room on or off?
A  That light was off.
Q  Was there any light in the master bedroom that you could see?
A  Yes, sir.
Q  When you went in to what is the master bedroom, what did you observe?
A  I observed a white female, who I now know to be Colette MacDonald, lyinq on the floor.  She appeared to be dead.  Alongside of her, I observed her husband, who I also thought at the time was dead.
Q  Was he moving at that time?
A  No, sir.
Q  How long did you stay in the master bedroom at that point?
A  At that point, I stood in the doorway.  I can't give you the exact time.  It seemed forever, but I would imagine it was a matter of seconds.
Q  What was the position of Colette MacDonald?
A  Colette MacDonald was lying on her back.  She had her left arm raised over her.  She was pretty well covered with blood.
Q  Do you recall where her right arm was?
A  Her right arm, I believe, was down by her side someplace.
Q  Where was the Defendant, Jeffrey MacDonald?
A  Jeffrey MacDonald was lying off to her side.  It would have been her left side.
Q  Was he on his back, or some other portion of his body?
A  I believe he was on his stomach, with his head turned away from me.
Q  I'm sorry?
A  Turned away from me.  I could not see his face.
Q  Were you able to see all of the front of Colette?
A  Yes.
Q  You may resume your seat.  Mr. Mica, did there come a time when the Defendant, Jeffrey MacDonald, appeared to be alive to you?
A  Yes, sir.
Q  Would you describe that, please?
A  He began to move slightly, and he started to moan, at which time, I went over to him.
Q  Did you say anything to him?
A  He was moaning something about, "Check my kids"; "How are my kids?"
Q  What, if anything, did you say to him?
A  At that point, I don't recall saying anything.
Q  As a result of what he said, what, if anything, did you do?
A  At that time, I believe myself and Sergeant Tevere started down the hallway of the house.
Q  Okay now, Mr. Mica, let me ask you, if you would, to come behind the model once again.  And if you would, sir, using the pointer, point out where you first went when you left the master bedroom?
A  I started down through the archway here, down the center hall of the house.  I approached the front bedroom of the house.
Q  Now you said you and Sergeant Tevere went down.  Who went first?
A  I believe Tevere was ahead of me.
Q  You went second?
A  Yes.
Q  What did you do as you went down the hallway?
A  I just went and looked into the door.
Q  What, if anything, did you touch?
A  Nothing.
Q  Now you said you looked into the doorway?
A  I stood in the doorway and just looked into the bedroom.
Q  Did you go inside the bedroom?
A  I don't recall stepping into the bedroom.  I may have had my foot inside the door, but I don't recall actually walking around in the bedroom.
Q  What, if anything, were you able to see?
A  I saw what appeared to be a female child, dead, in the bed.
Q  If you recall, sir, what was the position of the bedcovers?
A  I believe they were pulled up on her chest, up in the chest area.
Q  In that particular room, sir, was the light on or off?
A  The light was off.
Q  What illumination, if any, was there?
A  The hall light was on, and I believe there was a light in the kitchen area someplace.
Q  After you looked into what has been described as Kimberly's bedroom, what, if anything, did you do?
A  I walked another few steps and I stood at the doorway of Kristen's bedroom.
Q  How far in did you go?
A  Again, I stood at the doorway.
Q  What, if anything, did you touch?
A  Nothing.
Q  In that particular bedroom, what did you see?
A  Again, I saw another female laying on her left side.  Again, she appeared to be dead.
Q  Did you look at the floor?
A  There was a puddle of blood that had already dripped down the side of the bedding and onto the floor.
Q  With respect to the female child, what else, if anything, did you notice about her?
A  She still seemed to have the baby bottle in her mouth.
Q  After you looked in that bedroom, what, if anything, did you do?
A  Again, I proceeded to the end of the hallway.  I looked around the living room area very quickly, and I went back to the master bedroom.
Q  When you looked into the living room area, as you said, quickly, what did you see?
A  I observed a coffee table that was placed in front of the couch.  It was over on its side, right here.  Also, there was a flower pot that was turned over on its side, and right at the end of the hallway there was a small doll's head right at the top of the step.  There was also a blanket, or some type of quilt, lying right in this area here.
Q  You speak of the doll's head.  Where was it again?
A  The doll's head was right in the corner, right at the top of the step here in the hallway.
Q  How long would you estimate, if you can, sir, you were in this area?
A  I stood at the top of the step, I looked around the room quickly, I turned right around, and  went back to the bedroom.
Q  What illumination, if any, was there there?
A  Again, I believe there was a light coming from the kitchen area of the house.  This area right in here.
Q  Did you look anywhere else besides the living room area?
A  Not at that time, no.
Q  After you looked there, what did you do?
A  I proceeded back down the hallway to the master bedroom.
Q  What, if anything, did you touch on this trip down and back?
A  Nothing.
Q  When you got back to the master bedroom, what did you do?
A  At that time, I got down between Dr. MacDonald and his wife.
Q  Why did you do that?
A  He was still moaning.  I got down there to see if I could render first aid.
Q  What training had you had in first aid, if any?
A  Just the basic army training in first aid.
Q  Does that include mouth-to-mouth resuscitation?
A  Yes.
Q  What, if any first aid, did you give to Dr. MacDonald?
A  I gave Dr. MacDonald mouth-to-mouth.
Q  How many times?
A  Three times.
Q  How long, would you estimate, was the first time that you gave him mouth-to-mouth resuscitation?
A  I would say about a minute.
Q  You may resume your seat.  During this time that you examined the Defendant, Jeffrey MacDonald, did you have occasion to observe his physical appearance?
A  Yes.
Q  How was he dressed, sir?
A  He had on pajama bottoms; he was bare-chested.
Q  What, if anything, did you observe with respect to his chest area, arms and face?
A  His face had a small amount of dried blood on the side, like the chin area, I believe.  I observed a small, like a red welt, on his head.  He had what appeared to be, it looked like at the time, somebody had dug their fingernails into his chest.
Q  Okay, were you able to observe his color?
A  Yes.
Q  Can you relate to the jury, in your opinion, what it was?
A  It was fairly good.
Q  Now, during this time that you gave the Defendant mouth-to-mouth resuscitation, what, if  anything, did he say or do?
A  I asked him -- I said, you know, "What happened?"  And he began to tell me, "Why did they do this to me?  Look at my wife.  I tried to find her pulse.  I heard my children scream."  I was asking him what happened and he was asking me how his wife and children were.
Q  What, if anything, did he say with respect to any medical assistance that you could give him?
A  He stated he was having difficulty breathing and he needed a chest tube.
Q  What description, if any, did the Defendant give to you concerning the people he said had done this to him?
A  He told me there were four people: three males and a female.  One of the males was black.  He was wearing a fatigue jacket, and I believe he said it had Army stripes -- Sergeant stripes.
     He also said that he thought he may have hit the black Sergeant in the struggle.  There were two male whites and a female white.  The female white he described as having blonde hair, muddy white boots, short skirt, holding a candle.
Q  What, if anything, did he indicate that these people had said?
A  He stated that they kept saying, "Acid is groovy.  Hit the pigs.  Hit them again.  Kill the pigs."  I believe that was basically it.
Q  During this time that you were giving the Defendant mouth-to-mouth resuscitation -- strike that -- the second time you gave him mouth-to-mouth resuscitation, how long was that if you can guess?
A  It was a shorter period than the first time.
Q  Less than a minute?
A  Yes.
Q  How about the third time?
A  I believe that was even shorter than the second time.
Q  Approximately how long if you can guess, sir, after you arrived at Castle Drive was it before medical assistance from Womack got there?
A  I would say it was at least ten minutes.
Q  Were you there when they came?
A  Yes, sir.
Q  Now, Mr. Mica, during this time that you were in the master bedroom, besides Colette and the Defendant Jeffrey MacDonald, who else, if anyone, and if you know, was also in that room?
A  Myself, Sergeant Tevere, John Sellick, Mario D'Amore, Sergeant Duffy, Lieutenant Paulk.  I believe Sergeant Hageny came in.  And I believe Spec. 4 Morris also came in for a short period.
Q  During the time that you gave the Defendant mouth-to-mouth resuscitation, what assistance if any, did you receive from any other MP?
A  Sergeant Tevere raised Captain MacDonald's legs -- his feet.
Q  Was that on all three occasions?
A  I don't know if he did it on all three.  I remember he did it the first time.
Q  During this entire time up to this point that you were in the apartment, what, if anything, did you touch?
A  I touched nothing that wasn't absolutely necessary.  Basically I touched Captain MacDonald.
Q  Before you gave him mouth-to-mouth resuscitation, was he still in the same position  physically that he was when you got there or had he moved?
A  He was still to the left of his wife.  But I believe at that time he had rolled over, either onto his side or onto his back.  When I started to give him mouth-to-mouth, I rolled him over on his back.
Q  You rolled him over?
A  Well, he was three-quarters of the way over on his side.  But he was placed on his back.  And I administered mouth-to-mouth.
Q  Where did you position yourself?
A  I was between Captain MacDonald and his wife.
Q  Approximately how far, if you know, sir, at that time was the Defendant from his wife when you gave him mouth-to-mouth resuscitation?
A  I think it wasn't more than 18 inches or two feet because I was between the two of them.
Q  Now, during the time you were in the master bedroom, what, if anything, did you observe any of the other MPs that you have so-named touch?
A  The only thing I observed anyone touch in the master bedroom was Sergeant Tevere picked up the phone that was on the dresser.
Q  When he did that, what, if anything, did you do?
A  Told him to put it down.
Q  What did he do?
A  Put it down.
Q  Were you physically present when the first ambulance arrived?
A  Yes, sir.
Q  Where were you located when the medics or the people who had come with the ambulance -- where were you physically when they came into the house?
A  I was right alongside Captain MacDonald.
Q  And where was that?
A  On the floor between the bed and the body of his wife.
Q  In the master bedroom?
A  Yes, sir.
Q  Is it fair to say that the first time you saw the medics was in the master bedroom?
A  Yes, sir.
Q  How many medics did you see at that time?
A  At first I believe there were just two of them.  They brought the stretcher in.
Q  What kind of a stretcher was it?
A  I don't know what kind it was.  We call them trundles in Nassau.  It had wheels on it and it was wheeled down the hallway.
Q  That was brought back to the master bedroom?
A  Yes, sir.
Q  Where was it positioned in the master bedroom, if you recall?  And you may come down.
A  Again, if I remember correctly, it was brought into the doorway and placed alongside -- parallel to this wall here, right in here, right in that area.
Q  Is that the position that it was in when the Defendant was placed on it?
A  I believe it was, sir.
Q  Who picked the Defendant up, if you know, sir, and put him on that stretcher?
A  I believe Sergeant Tevere, the medics, and I know I had a hand on him.  But whether it was an arm or a leg by just holding the stretcher, I don't recall.
Q  You may resume your seat.  What assistance, if any, did the Defendant give in getting on the stretcher?
A  I am sorry; resistance or assistance?
Q  Assistance?

THE COURT:  Assistance.

THE WITNESS:  I don't recall.

BY MR. BLACKBURN:
Q  After he was placed on the stretcher, what did you observe?
A  At that point the medics began to wheel the stretcher down the hallway out towards the front door.
Q  What did you do?
A  I followed the stretcher up the hallway.
Q  As you followed the stretcher into the hallway, sir, what, if anything, unusual did you observe?
A  When we reached the doorway of the front bedroom --
Q  (Interposing)  Again, sir, if you would come down from the stand at this time and point.
A  As the stretcher reached this approximate area, Captain MacDonald attempted to get up off the stretcher and wanted to see his children.
Q  Now, again, sir, point out the bedroom that that occurred or where that specifically occurred?
A  It was right in this area here (indicating).  I believe it was the front bedroom.
Q  After that incident occurred, what, if anything, happened that you saw?
A  The medics, and I believe Sergeant Tevere, tried to restrain him and actually pushed him back down onto the stretcher and continued wheeling him out the hallway.
Q  How many people did you observe restrain the Defendant?
A  Two that I know of.
Q  Who were they?
A  I believe it was Tevere and one of the medics.
Q  After the stretcher was taking him down the hall, where did you go?
A  I went out into the living room.
Q  In other words, you followed the stretcher?
A  I followed it right down the hallway.
Q  Did you observe the stretcher as it was taken out of the living room?
A  Yes.  I followed it right down the hallway, and I went right into the living room.
Q  Would you come, sir, to the back of the model and point out the direction the stretcher was taken?
A  The stretcher was taken down the hallway and lifted down the two steps and wheeled out the front door.
Q  After the Defendant was taken out of his apartment on the stretcher, what did you do then?
A  At that point, I stayed in the living room of the house and waited for further instructions.
Q  Was anybody else in the living room with you?
A  Yes.
Q  Do you know who any of those people were?
A  I believe Lieutenant Paulk was there at the time.  I believe Tevere was still around there.  There were several others that I don't recall standing there.
Q  Now, if you would, sir, come again to the back of the model and point out to the jury where in the living room you were standing?
A  I stood in a position right basically over here (indicating) -- right at the edge of carpet.  There was a narrow strip of hardwood flooring, and I stood there.
Q  Were you on or off the carpet?
A  I was off it.
Q  Were the other people in the room on or off the carpet?
A  I believe that everybody had been instructed to stay off the carpet as much as possible.  They were standing around on the outer perimeter of the carpet -- on the hardwood floor.
Q  What was the condition of the coffee table?
A  The coffee table was over on its side, I think.
Q  What else, if anything, did you observe on the floor?
A  There was a flower pot lying on the floor.  Also, there was a wallet lying on the floor.
Q  How long did you stay in that area -- in the living room area?
A  I believe we stayed there for approximately ten minutes or so.
Q  During the time that you were there -- standing there -- what, if anything, did you observe with respect to the flower pot?
A  At that time, I believe the flower pot was still on its side.
Q  Did it remain on its side while you were there?
A  No, sir; it didn't.
Q  What happened to it?
A  A medic or an ambulance driver walked across and turned it up.
Q  You say "a medic."  How was he dressed?
A  Again, he had on -- I believe it was a field jacket.  I think he had on dungarees.  He may have had the white medic -- I don't know what it is called -- it is like a white shirt.  He was what I consider out of uniform.
Q  Was his hair long or short?
A  It was longer than MPs' hair.
Q  And you say that he went over to the flower pot and did what?
A  He picked it up.
Q  And set it upright?
A  I believe so, yes.
Q  After he did that, what, if anything, did you observe him do?
A  Somebody yelled, "Don't touch anything."  He continued and he walked over and sat down at the couch.
Q  What, if anything, did you say to him?
A  I said, "Get up," you know.  He walked back to where he was and just stood there.
Q  Where is that that he walked back to?
A  Back to over here (indicating).  I believe this was a desk.  He was standing right inside the doorway to the house.
Q  Now, the flower pot when you first saw it was on its side; is that correct?
A  Yes.
Q  The medic came in and put it upright; is that correct?
A  I believe so, yes, sir.
Q  You or someone else said, "Don't touch anything"?
A  Right.
Q  During the remainder of your stay in that living room area, what was the physical position of the flower pot?
A  As far as I remember, it was standing upright.

MR. BLACKBURN:  You may resume your seat.  Your Honor, may I have just a moment?

(Counsel confer.)

BY MR. BLACKBURN:
Q  Mr. Mica, how many people, if you can recall, were present in the living room area while you were there this last time?
A  I would say that there were at least six.
Q  While you were there, do you recall whether or not a photographer came?
A  I believe the photographer came just as I was leaving.

MR. BLACKBURN:  Your Honor, just one more moment.

(Pause.)

BY MR. BLACKBURN:
Q  Mr. Mica, going back to an earlier portion of your testimony when you stated that you saw a girl on the corner of the street on the way to Castle Drive, when you saw her, what movement, if any, did she make?
A  None.
Q  What, if anything, did she have in her hands that you could observe?
A  Nothing that I could observe.
Q  Do you know the approximate distance from that location to 544 Castle Drive?
A  I would say it was in excess of half a mile.
Q  On your way to Castle Drive or on patrol earlier that evening, did you at any time see any group of individuals wearing bedsheets?
A  No, sir.
Q  Or wearing sheets of any kind?
A  No.
Q  Did you see anybody carrying candles?
A  No, sir.
Q  After you were in the living room area this last time that you testified about, what did you do?
A  I waited there for further instructions.  We were informed that the Provost Marshal would be responding to the scene.
Q  You say you waited for further instructions?
A  Yes, sir.
Q  When did those further instructions come to you?
A  I would say it was approximately ten after 4:00 -- quarter after 4:00 that morning.
Q  So, you had been at that point at Castle Drive approximately how long?
A  I would say a good twenty-five, thirty minutes.
Q  What were the instructions to you?
A  The instructions were that I was to proceed back to the Provost Marshal's office where we were going to meet with Colonel Kriwanek and give him a basic rundown of what we knew and what we had done.
Q  Did you in fact do that?
A  Yes, sir.
Q  Now, Mr. Mica, when did you leave Castle Drive for the last time on the morning of the 17th?
A  I believe it wasn't any later than 4:15.
Q  And during the entire time that you were there, what, if anything, besides the Defendant Dr. MacDonald did you touch?
A  I touched nothing.
Q  Besides Sergeant Tevere touching the telephone, with respect to any individuals whom you have mentioned, what, if anything, did you observe them touch?
A  Nothing.
Q  Or move?
A  Nothing.
Q  Except for the flower pot?  What were you wearing on your feet that night, sir?
A  Combat boots.
Q  Is that what all the other MPs were wearing that you saw?
A  Yes, sir.
Q  Now, after the 17th, did you ever have an occasion to return to Castle Drive?
A  Yes, sir.
Q  When was that, if you know, sir?
A  It was after the 17th.  I don't know if it was the 18th or the night of the 19th or 20th.  But for several nights I guarded the scene outside the house.
Q  Were you at the front door or the back door?
A  We had different positions.  I believe there were four or five MPs assigned to guard the house.  We were stationed at points where we could see the perimeter of the house.

MR. BLACKBURN:  You may cross-examine.

MR. SEGAL:  If Your Honor please, I have a request to make of the Government.  Should I come to the Bench?

THE COURT:  Yes.


B E N C H  C O N F E R E N C E

THE COURT:  What was it you were going to request?

MR. SEGAL:  I wanted to request, Your Honor, the grand jury testimony of this witness which I have not received and other statements of this witness.

MR. MURTAGH:  You receipted or your associate receipted the grand jury testimony.  But I will give it to them anyway.  I will give them our file right now.

THE COURT:  He says you have got it but he will give it to you one more time.  In this trial, we do everything in duplicate.

MR. SEGAL:  Your Honor, is it your pleasure that we recess now?  I would not want to break my cross-examination once we have started.

THE COURT:  Well, I usually keep fairly regular hours.  But is there anything relating to keeping this witness here overtime?

MR. BLACKBURN:  No, sir.  He has been here.  One more day won't matter.

THE COURT:  We don't need him?  All right.  I will let you see if you can think up some questions between now and tomorrow morning at 9:00 o'clock.

(Bench conference terminated.)


THE COURT:  Members of the jury, it appears that the cross-examination of this witness will take more than the length of time remaining between now and our normal recess hour.  So, I  am going to let you retire now.  The Marshal will show you a way out.
     I will not recess Court.  The people in the audience are not at liberty to go yet, but will be shortly.  Let the jury go first.
     Now, we will come back tomorrow morning at 9:00 o'clock, and we will go until tomorrow afternoon at 3:00 o'clock.
     While you are out, remember what I said: you don't talk about the case among yourselves or with others.  You don't let anybody talk about it anywhere in earshot.  You do not read, look at, or listen to anything on the news media and you keep open minds about it.
     Have a good night, a safe trip home and back.  We will see you tomorrow morning at 9:00 o'clock.

(Jury exits at 4:57 p.m.)

THE COURT:  Any other housekeeping chores?

MR. MURTAGH:
A  short one, Your Honor.  The witness may not know, although I assume he does, but I would not like to be mistaken; would you instruct the witness, please?

THE COURT:  Well, in this Court, as I say, this goes for witnesses for all sides and lawyers for all sides; that witnesses do not talk with Counsel for either side during the recess.

MR. SEGAL:  In regard to Your Honor's ruling, I would like Your Honor to reserve ruling on that issue.  We will not try to talk to this witness this evening.
     But I would like an opportunity to brief the matter.

THE COURT:  All right.  And I will hear you and I will read your brief.  But I will leave it to you to pick a time when that will be done when we won't be doing it on this jury's time.

MR. SEGAL:  Yes, Your Honor.  I understand that.

THE COURT:  We are giving them a five-minute bonus this afternoon, which they don't necessarily want or need.  But we will hear you on that.
     Now, you may recess this Court until tomorrow morning at 9:00 o'clock.

(The proceeding was recessed at 4:58 p.m., to reconvene on Friday morning, July 20, 1979, at 9:00 a.m.)