Affidavits, Declarations and Statements
July 6, 1984
United States District Court
Eastern District of North Carolina
Affidavit of William Moran (FBI) re: Shelby Don Harris
Attachment
Dec. 2, 1982: | Handwritten tatement of Shelby Don Harris |
UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF NORTH CAROLINA
FOR THE
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA, plaintiff | : | |
VS. | : | CASE No. 75-26-CR-3 |
JEFFREY R. MACDONALD, defendant | : |
1. I am employed by the Federal Bureau of Investigation (hereafter FBI) as a Special Agent of the FBI, assigned as the Senior Resident Agent, Raleigh, North Carolina, Resident Agency.
2. On December 2, 1982, I interviewed Shelby Don Harris, who voluntarily appeared at the Nashville, Tennessee, Resident Agency of the FBI. Harris was orally advised of his rights by Special Agent Moran and was furnished a form entitled "Interrogation; Advice of Rights." Harris voluntarily waived these rights as shown on the executed form.
3. Harris was advised that he was being reinterviewed for additional details regarding his activities while stationed at Fort Bragg, North Carolina, since he had been named as one of the persons who participated in the murders of Colette S. MacDonald and her two daughters at Fort Bragg, North Carolina, on February 16 - 17, 1970. Harris advised he had previously been interviewed by the FBI in January, 1982, regarding these murders and at that time had denied any knowledge of them and that nothing had changed since that time. He stated he had no objection to answering questions and stated he would answer truthfully to the best of his recollection; but he noted that the murders took place almost 13 years ago and his memory concerning specific events during that time was not good.
4. Harris advised that to the best of his recollection, he first arrived at Fort Bragg, North Carolina, in August, 1969. He stated he was transferred to Fort Bragg from a hospital in Tokyo where he was recovering from wounds suffered in Vietnam. He stated at that time he was a Sergeant in the 82nd Airborne, lived on the base and was single. He first met Helena Stoeckley through mutual girlfriends at a pizza parlor in Fayetteville, North Carolina. He does not recall the name of this pizza parlor but said it could have been the Village Shop. This pizza parlor was a meeting place and hangout for a lot of young GI's while off duty. He recalled one of Stoeckley's girlfriends was a girl Kathy (last name unknown) from New Jersey who was employed at this pizza parlor. Kathy had a roommate, Dianne, whom he believes was also from New Jersey. Kathy and Dianne shared a small apartment in an older run down house which was located near the pizza parlor. He recalls having seen Stoeckley at this apartment on one or two occasions. He said that Stoeckley had moved out of her parents' residence located in Fayetteville and was apparently staying with various associates during the period he knew her.
5. He stated his contact with Stoeckley was limited; however she had always impressed him as the type of person who was always trying to get attention. She seemed to enjoy being the center of attention.
6. Harris advised he does not recall his whereabouts on the night of February 16 - 17, 1970. He stated he simply cannot recall any specific information about his activities during that period. Harris stated it is entirely possible that he could have been at the pizza parlor that particular evening and may have accompanied Dianne Marie Cazares (née Hedden) to her apartment at 1108 Clark Street, Fayetteville, North Carolina, during the early A.M. hours of February 17, 1970. He stated he simply does not recall; but it is entirely possible that he did so as it sounds like something that would have happened during that period. He advised his duty hours at Fort Bragg during February, 1970 were 7:00 a.m. until 3:00 P.M. The names Bruce Johnny Fowler, Allen P. Mazzerolle, and Dwight Smith, who was also known as "Zigzag" and "Smitty", were totally unfamiliar to him. He stated he was acquainted with a Sergeant Greg Mitchell who dated Helena Stoeckley during that period. He had been introduced to Mitchell at Fort Bragg by a Sergeant Rick Taylor after Taylor learned that both he (Harris) and Mitchell had been in Vietnam stationed at the same place during the same period. He stated he had never resided with Mitchell in a house trailer; but, he did recall on one occasion he and Mitchell did spend a night at a residence in Fayetteville, North Carolina, address unrecalled, and this residence was owned by Mitchell's parents.
7. Harris advised that he does not recall how he first learned of the MacDonald murders, but believes it was either the day it occurred or possibly the next day. He stated he does recall seeing Stoeckley and that she was enjoying the attention she was getting after having been interviewed by someone in connection with the murders. Harris advised he had no knowledge regarding the murders and stated he had no reason to believe that Stoeckley had knowledge regarding these murders.
8. Harris advised after he was assigned to Fort Bragg, North Carolina, he had trouble readjusting to military life in the United States. He explained while in Vietnam as a Sergeant, he had the respect of his men; however, upon returning to the United States, he found himself being given minor and undesirable type details, soon became frustrated and sometime around the end of April, 1970, went AWOL. During the period he was absent without leave, Harris stayed with some other sergeants who were also AWOL in a trailer located near Fort Bragg, North Carolina. He recalls that Sergeant Richard Taylor, Taylor's brother, Sergeant Rodney Taylor, and two other Sergeants, whose names he cannot recall but who also were AWOL, all stayed in this trailer at that time. While he was in this AWOL status, the CID and MP's raided the trailer after having received a tip that drugs were being stored in the trailer. No drugs were found, however, he (Harris) was taken into military custody and returned to Fort Bragg, North Carolina. He stated he was placed in solitary confinement and subsequently interviewed by military authorities. He was not asked any questions about the murder of Dr. MacDonald's wife and two children. He said that he does not specifically recall whether or not he was photographed and fingerprinted at that time, but assumed that he was since it would appear to have been standard procedure. Harris advised that he was taken into military custody on one other occasion while he was stationed at Fort Bragg. He does not recall the specific time when this occurred. He advised that at that time, his military roommate, Sergeant John Lanszack (phonetic), had gone AWOL. He (Harris) and another Sergeant, whose name he cannot recall, but who was a friend of Sergeant Richard Taylor, decided to go to New Jersey to talk Lanszack into returning to Fort Bragg. Harris said that while on the New Jersey Turnpike at either a Howard Johnson or Holiday Inn rest stop, he was sleeping in this Sergeant's car while the Sergeant had gone inside. He stated he was awakened by a New Jersey State Policeman who advised him that he was under arrest. Both he and this Sergeant were taken to a county jail and charged with possession of drugs. He does not recall the name or location of the jail. After approximately two weeks, Harris was released to the custody of the military authorities at Fort Dix, New Jersey, and was returned to Fort Bragg.
9. Harris advised the name Prince Beasley is totally unfamiliar to him and that to his knowledge he was never arrested by or photographed by Beasley. He advised he had been arrested on one occasion by the Fayetteville Police Department. He explained that he was discharged, from the United States Army in June, 1970, at Fort Bragg. He remained in the Fayetteville, North Carolina area for approximately one year after his discharge. During that time he stayed at various places simply "bumming" around. He was also during that period dealing in small amounts of marijuana. He recalls that during this year as a civilian in Fayetteville, for a short time he stayed at the Heart of Fayetteville Motel located on Bragg Boulevard. He does not recall the specific time frame, but does recall it was during the winter of 1970 that he and five other individuals who were also dealing in small amounts of marijuana departed the motel in a van en route to Atlanta, Georgia, to pick up marijuana. Approximately two blocks from the motel, they were stopped by either a police officer or a sheriff's deputy. At this time, one of the occupants of the van threw out a matchbox containing a small amount of drugs. Everyone in the van was arrested and taken to jail in downtown Fayette-ville, but Harris advised he cannot recall the names of any of the other occupants of the van, but believes one was a Dale (last name unknown) whose father was possibly a police officer in Florida. When they arrived at the jail, they were separated and he does not recall seeing any of these individuals subsequent to that time. He stated he does not specifically recall whether or not he was photographed and fingerprinted at the jail, but assumes that he probably was. He stated he was unable to make bond and spent the night in the jail. On the following day, he was taken from the cell to a Narcotics Detective's Office. The officer, whose name he cannot recall, wanted him to become an informant. He is not certain whether or not this was the Sheriff's Department or the Police Department. He described this officer as a white male approximately 40 to 45 years of age, 6 feet in height with brown hair, 185 pounds. Harris advised that he agreed to work with them and that a younger police officer in uniform came to this office and took him for a ride around Fayetteville, where Harris pointed out a few places where he knew narcotics were being sold in Fayetteville. He advised that he was released that same date, and all charges against him were dismissed and he had no further contact with that department.
10. To the best of his recollection, he left Fayetteville in the summer of 1971, and moved to Maryville, Tennessee. He then moved to Nashville, Tennessee, in 1972. He stayed in Nashville approximately one year and returned to Maryville, Tennessee, and during the next two to three years alternated living between Maryville and Nashville, Tennessee. He returned to live in Nashville in 1975, and on April 17, 1975, married his present wife Jeannette Hayes
11. He recalled that in the summer of 1972 or 1973, he did have a chance encounter with Helena Stoeckley in downtown Nashville. He advised he and a girlfriend, Brenda Mallory, had just left a "Head shop" named Pandora's Box and were walking down on Division Street on a Saturday about noon. He saw Stoeckley then walking alone on the sidewalk near this shop. As he recalled, the three of them stood on the sidewalk and talked approximately three to five minutes; however, he does not recall anything that was discussed during this conversation. He stated he is positive that he was not wearing a crucifix around his neck at the time of this chance encounter with Stoeckley. He advised that when he was in Vietnam, it was common practice for many soldiers in his unit to wear a black plastic crucifix around their neck with black beads on the chain. It was the usual practice for the wearer to paint a black bead white for each enemy soldier killed. He stated that he did wear such a crucifix around his neck while in Vietnam, but he never wore it in the United States. He stated it is possible she, Stoeckley, may have heard him mention this on some occasion. He advised he does not believe he has any photographs of himself in 1970, but would search his personal effects to see if one possibly could be located. He stated he had no objection to current photographs being taken of him by the FBI. He voluntarily posed for identification photographs which were taken at the Nashville Resident Agency.
12. Harris advised he had no objection to furnishing a signed statement denying Helena Stoeckley's allegation that he was involved in the MacDonald murders. Harris furnished the following signed statement (copy attached). "November 2, 1982
"Nashville, Tenn.
"I, Shelby Don Harris make the following free and voluntary statement to Special Agents William F. Moran and Francis M. Cristina who have identified themselves to me as Special Agents of the FBI. I have been advised of my rights by Special Agent Moran and I have been advised that I am to be questioned about the murder of Colette S. MacDonald and her two daughters at Fort Bragg, North Carolina on February 16-17,1970. I was also advised that I could be required to testify, to the information I furnish, in a Court of law.
"I was born June 23, 1948 at Bell County, Kentucky. I completed the 8th grade and later received a G.E.D. high school diploma while in the U. S. Army.
"In February, 1970, I was in the U. S. Army assigned to Fort Bragg, North Carolina. I did not know nor have I ever known Dr. Jeffrey Robert MacDonald, Colette S. MacDonald and their two daughters whose names are unknown to me. I have no knowledge of nor did I participate in the murder of Colette S. MacDonald and her two daughters. The only information regarding these murders I have is what I learned from the news media and from being interviewed by the FBI.
"While stationed at Fort Bragg, I met Helena Stoeckley through casual acquaintances. We had no personal relationship but did have mutual friends. I did see and talk with her on occasion in and around the Fayetteville, North Carolina area. Helena Stoeckley, in my opinion, was a very unstable person who liked to be the center of attention. She would twist the truth to suit her own purpose. I do not know why she would claim that I had anything to do with the murder of Dr. MacDonald's wife and two children. I have nothing to hide and can furnish no information regarding these murders. I am willing to take a polygraph examination to prove that I had nothing to do with these murders and do not know the identity of anyone involved in them.
"I have read this statement consisting of this page and one other page and I sign it below because it is true.
/s,/Shelby D. Harris 12-02-82
"Witnesses: /s/William F. Moran, Special Agent, FBI
"/s/Francis M. Cristina, Special Agent, FBI"
Harris advised he had no objection to taking a polygraph examination to prove once and for all that he had no knowledge regarding the MacDonald murders and had been completely truthful in answering questions to the best of his recollection. He was informed that should the FBI desire to afford him a polygraph examination, he would be contacted and arrangements made to do so.
Further your affiant sayeth not.
William F. Moran
Subscribed and sworn to before me this 6th day of July, 1984.
Cherlyn Wells
Deputy Clerk
2. On December 2, 1982, I interviewed Shelby Don Harris, who voluntarily appeared at the Nashville, Tennessee, Resident Agency of the FBI. Harris was orally advised of his rights by Special Agent Moran and was furnished a form entitled "Interrogation; Advice of Rights." Harris voluntarily waived these rights as shown on the executed form.
3. Harris was advised that he was being reinterviewed for additional details regarding his activities while stationed at Fort Bragg, North Carolina, since he had been named as one of the persons who participated in the murders of Colette S. MacDonald and her two daughters at Fort Bragg, North Carolina, on February 16 - 17, 1970. Harris advised he had previously been interviewed by the FBI in January, 1982, regarding these murders and at that time had denied any knowledge of them and that nothing had changed since that time. He stated he had no objection to answering questions and stated he would answer truthfully to the best of his recollection; but he noted that the murders took place almost 13 years ago and his memory concerning specific events during that time was not good.
4. Harris advised that to the best of his recollection, he first arrived at Fort Bragg, North Carolina, in August, 1969. He stated he was transferred to Fort Bragg from a hospital in Tokyo where he was recovering from wounds suffered in Vietnam. He stated at that time he was a Sergeant in the 82nd Airborne, lived on the base and was single. He first met Helena Stoeckley through mutual girlfriends at a pizza parlor in Fayetteville, North Carolina. He does not recall the name of this pizza parlor but said it could have been the Village Shop. This pizza parlor was a meeting place and hangout for a lot of young GI's while off duty. He recalled one of Stoeckley's girlfriends was a girl Kathy (last name unknown) from New Jersey who was employed at this pizza parlor. Kathy had a roommate, Dianne, whom he believes was also from New Jersey. Kathy and Dianne shared a small apartment in an older run down house which was located near the pizza parlor. He recalls having seen Stoeckley at this apartment on one or two occasions. He said that Stoeckley had moved out of her parents' residence located in Fayetteville and was apparently staying with various associates during the period he knew her.
5. He stated his contact with Stoeckley was limited; however she had always impressed him as the type of person who was always trying to get attention. She seemed to enjoy being the center of attention.
6. Harris advised he does not recall his whereabouts on the night of February 16 - 17, 1970. He stated he simply cannot recall any specific information about his activities during that period. Harris stated it is entirely possible that he could have been at the pizza parlor that particular evening and may have accompanied Dianne Marie Cazares (née Hedden) to her apartment at 1108 Clark Street, Fayetteville, North Carolina, during the early A.M. hours of February 17, 1970. He stated he simply does not recall; but it is entirely possible that he did so as it sounds like something that would have happened during that period. He advised his duty hours at Fort Bragg during February, 1970 were 7:00 a.m. until 3:00 P.M. The names Bruce Johnny Fowler, Allen P. Mazzerolle, and Dwight Smith, who was also known as "Zigzag" and "Smitty", were totally unfamiliar to him. He stated he was acquainted with a Sergeant Greg Mitchell who dated Helena Stoeckley during that period. He had been introduced to Mitchell at Fort Bragg by a Sergeant Rick Taylor after Taylor learned that both he (Harris) and Mitchell had been in Vietnam stationed at the same place during the same period. He stated he had never resided with Mitchell in a house trailer; but, he did recall on one occasion he and Mitchell did spend a night at a residence in Fayetteville, North Carolina, address unrecalled, and this residence was owned by Mitchell's parents.
7. Harris advised that he does not recall how he first learned of the MacDonald murders, but believes it was either the day it occurred or possibly the next day. He stated he does recall seeing Stoeckley and that she was enjoying the attention she was getting after having been interviewed by someone in connection with the murders. Harris advised he had no knowledge regarding the murders and stated he had no reason to believe that Stoeckley had knowledge regarding these murders.
8. Harris advised after he was assigned to Fort Bragg, North Carolina, he had trouble readjusting to military life in the United States. He explained while in Vietnam as a Sergeant, he had the respect of his men; however, upon returning to the United States, he found himself being given minor and undesirable type details, soon became frustrated and sometime around the end of April, 1970, went AWOL. During the period he was absent without leave, Harris stayed with some other sergeants who were also AWOL in a trailer located near Fort Bragg, North Carolina. He recalls that Sergeant Richard Taylor, Taylor's brother, Sergeant Rodney Taylor, and two other Sergeants, whose names he cannot recall but who also were AWOL, all stayed in this trailer at that time. While he was in this AWOL status, the CID and MP's raided the trailer after having received a tip that drugs were being stored in the trailer. No drugs were found, however, he (Harris) was taken into military custody and returned to Fort Bragg, North Carolina. He stated he was placed in solitary confinement and subsequently interviewed by military authorities. He was not asked any questions about the murder of Dr. MacDonald's wife and two children. He said that he does not specifically recall whether or not he was photographed and fingerprinted at that time, but assumed that he was since it would appear to have been standard procedure. Harris advised that he was taken into military custody on one other occasion while he was stationed at Fort Bragg. He does not recall the specific time when this occurred. He advised that at that time, his military roommate, Sergeant John Lanszack (phonetic), had gone AWOL. He (Harris) and another Sergeant, whose name he cannot recall, but who was a friend of Sergeant Richard Taylor, decided to go to New Jersey to talk Lanszack into returning to Fort Bragg. Harris said that while on the New Jersey Turnpike at either a Howard Johnson or Holiday Inn rest stop, he was sleeping in this Sergeant's car while the Sergeant had gone inside. He stated he was awakened by a New Jersey State Policeman who advised him that he was under arrest. Both he and this Sergeant were taken to a county jail and charged with possession of drugs. He does not recall the name or location of the jail. After approximately two weeks, Harris was released to the custody of the military authorities at Fort Dix, New Jersey, and was returned to Fort Bragg.
9. Harris advised the name Prince Beasley is totally unfamiliar to him and that to his knowledge he was never arrested by or photographed by Beasley. He advised he had been arrested on one occasion by the Fayetteville Police Department. He explained that he was discharged, from the United States Army in June, 1970, at Fort Bragg. He remained in the Fayetteville, North Carolina area for approximately one year after his discharge. During that time he stayed at various places simply "bumming" around. He was also during that period dealing in small amounts of marijuana. He recalls that during this year as a civilian in Fayetteville, for a short time he stayed at the Heart of Fayetteville Motel located on Bragg Boulevard. He does not recall the specific time frame, but does recall it was during the winter of 1970 that he and five other individuals who were also dealing in small amounts of marijuana departed the motel in a van en route to Atlanta, Georgia, to pick up marijuana. Approximately two blocks from the motel, they were stopped by either a police officer or a sheriff's deputy. At this time, one of the occupants of the van threw out a matchbox containing a small amount of drugs. Everyone in the van was arrested and taken to jail in downtown Fayette-ville, but Harris advised he cannot recall the names of any of the other occupants of the van, but believes one was a Dale (last name unknown) whose father was possibly a police officer in Florida. When they arrived at the jail, they were separated and he does not recall seeing any of these individuals subsequent to that time. He stated he does not specifically recall whether or not he was photographed and fingerprinted at the jail, but assumes that he probably was. He stated he was unable to make bond and spent the night in the jail. On the following day, he was taken from the cell to a Narcotics Detective's Office. The officer, whose name he cannot recall, wanted him to become an informant. He is not certain whether or not this was the Sheriff's Department or the Police Department. He described this officer as a white male approximately 40 to 45 years of age, 6 feet in height with brown hair, 185 pounds. Harris advised that he agreed to work with them and that a younger police officer in uniform came to this office and took him for a ride around Fayetteville, where Harris pointed out a few places where he knew narcotics were being sold in Fayetteville. He advised that he was released that same date, and all charges against him were dismissed and he had no further contact with that department.
10. To the best of his recollection, he left Fayetteville in the summer of 1971, and moved to Maryville, Tennessee. He then moved to Nashville, Tennessee, in 1972. He stayed in Nashville approximately one year and returned to Maryville, Tennessee, and during the next two to three years alternated living between Maryville and Nashville, Tennessee. He returned to live in Nashville in 1975, and on April 17, 1975, married his present wife Jeannette Hayes
11. He recalled that in the summer of 1972 or 1973, he did have a chance encounter with Helena Stoeckley in downtown Nashville. He advised he and a girlfriend, Brenda Mallory, had just left a "Head shop" named Pandora's Box and were walking down on Division Street on a Saturday about noon. He saw Stoeckley then walking alone on the sidewalk near this shop. As he recalled, the three of them stood on the sidewalk and talked approximately three to five minutes; however, he does not recall anything that was discussed during this conversation. He stated he is positive that he was not wearing a crucifix around his neck at the time of this chance encounter with Stoeckley. He advised that when he was in Vietnam, it was common practice for many soldiers in his unit to wear a black plastic crucifix around their neck with black beads on the chain. It was the usual practice for the wearer to paint a black bead white for each enemy soldier killed. He stated that he did wear such a crucifix around his neck while in Vietnam, but he never wore it in the United States. He stated it is possible she, Stoeckley, may have heard him mention this on some occasion. He advised he does not believe he has any photographs of himself in 1970, but would search his personal effects to see if one possibly could be located. He stated he had no objection to current photographs being taken of him by the FBI. He voluntarily posed for identification photographs which were taken at the Nashville Resident Agency.
12. Harris advised he had no objection to furnishing a signed statement denying Helena Stoeckley's allegation that he was involved in the MacDonald murders. Harris furnished the following signed statement (copy attached). "November 2, 1982
"Nashville, Tenn.
"I, Shelby Don Harris make the following free and voluntary statement to Special Agents William F. Moran and Francis M. Cristina who have identified themselves to me as Special Agents of the FBI. I have been advised of my rights by Special Agent Moran and I have been advised that I am to be questioned about the murder of Colette S. MacDonald and her two daughters at Fort Bragg, North Carolina on February 16-17,1970. I was also advised that I could be required to testify, to the information I furnish, in a Court of law.
"I was born June 23, 1948 at Bell County, Kentucky. I completed the 8th grade and later received a G.E.D. high school diploma while in the U. S. Army.
"In February, 1970, I was in the U. S. Army assigned to Fort Bragg, North Carolina. I did not know nor have I ever known Dr. Jeffrey Robert MacDonald, Colette S. MacDonald and their two daughters whose names are unknown to me. I have no knowledge of nor did I participate in the murder of Colette S. MacDonald and her two daughters. The only information regarding these murders I have is what I learned from the news media and from being interviewed by the FBI.
"While stationed at Fort Bragg, I met Helena Stoeckley through casual acquaintances. We had no personal relationship but did have mutual friends. I did see and talk with her on occasion in and around the Fayetteville, North Carolina area. Helena Stoeckley, in my opinion, was a very unstable person who liked to be the center of attention. She would twist the truth to suit her own purpose. I do not know why she would claim that I had anything to do with the murder of Dr. MacDonald's wife and two children. I have nothing to hide and can furnish no information regarding these murders. I am willing to take a polygraph examination to prove that I had nothing to do with these murders and do not know the identity of anyone involved in them.
"I have read this statement consisting of this page and one other page and I sign it below because it is true.
/s,/Shelby D. Harris 12-02-82
"Witnesses: /s/William F. Moran, Special Agent, FBI
"/s/Francis M. Cristina, Special Agent, FBI"
Harris advised he had no objection to taking a polygraph examination to prove once and for all that he had no knowledge regarding the MacDonald murders and had been completely truthful in answering questions to the best of his recollection. He was informed that should the FBI desire to afford him a polygraph examination, he would be contacted and arrangements made to do so.
Further your affiant sayeth not.
William F. Moran
Subscribed and sworn to before me this 6th day of July, 1984.
Cherlyn Wells
Deputy Clerk