Affidavits, Declarations and Statements
July 10, 1984
United States District Court
Eastern District of North Carolina
Affidavit of Darrell Hamar (FBI) re: Randy Phillips
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 | : |
Darrell L. Hamar being duly sworn does depose and say that:
1. I am a Special Agent of the FBI, assigned to the Nashville, Tennessee, Resident Agency of the FBI, and on June 7, 1984, Randall Wallace Phillips, 970 East Main Street, Gallatin, Tennessee, was interviewed at his place of employment, the Wilson County Mental Health Center, Lebanon, Tennessee. Mr. Phillips furnished the following information:
2. He was born June 20, 1950, at Fort Knox, Kentucky. He is currently employed as a member of the clinical staff at the Wilson County Mental Health Center, Lebanon, Tennessee. He is married and has two children, age 6 years and 4 years. His parents currently reside at Paris, Tennessee, and his father, Wallace V. Phillips, is a retired Army First Sergeant.
3. Due to the military career of his father he attended numerous elementary and high schools while growing up. He graduated from the E. W. Grove Senior High School, Paris, Tennessee, and then moved to Killeen, Texas, as his father had just returned from Vietnam and was stationed at Fort Hood, Texas. He then enrolled in Central Texas College at Killeen and attended that school for one year during 1968 and 1969. His father then retired from the military and moved to Paris, Tennessee; however, he quit school and obtained employment in Texas. He later moved to Tennessee and attended Union University at Jackson, Tennessee, attending that university from 1974 to 1977 at which time he received a Bachelor of Science degree in psychology. He has, since his graduation from Union University, taken periodic leaves of absence from his employment and worked on an advanced degree through the California Family Study Center in the State of California.
4. After he quit school at the Central Texas College during 1969, he obtained employment at the Baron Rent-All Company in Killeen, Texas. He worked at that location for approximately one year during which time he met Mr. Robert Bearden, who currently resides at Harker Hts., Texas. He met Mr. Bearden during a Bible study session which both attended. He became friends with Mr. Bearden's son, Carol Perkins Bearden, who went by the nickname "Perky". In a conversation with Robert Bearden, Bearden advised he was planning to open a post exchange concession on the Fort Bragg, North Carolina, Military Base. Bearden, after learning of his employment with the Baron Rent-All Company, asked him if he would move to Fort Bragg, North Carolina, and operate his business. He agreed to do so and after an approximate two-week period of training in Louisiana, moved to Fort Bragg, North Carolina, and began working for Robert Bearden at his business, the Equipment Rental and Repair Company. Perky Bearden also moved to Fort Bragg and he and Perky resided together in a rented mobile home in an unrecalled trailer park. He does not recall the exact date he moved to Fayetteville; however, moved there probably in 1970.
5. While residing in Fayetteville, he met Currie N. Vaughn, who was a Presbyterian Chaplain at Fort Bragg. Chaplain Vaughn is now retired and resides somewhere in the State of Florida. Chaplain Vaughn and others started a halfway house type organization which they named "The Manor". The Manor was a religious type organization for the purpose of guiding young people who were in need of help and who had drug and alcohol problems. He became interested in this organization and became involved in this organization's work, eventually becoming a member of the board.
6. The Manor was initially located in an older house which was located some three to four blocks from downtown Fayetteville, North Carolina, on Haymarket Street. This house was on the right hand side of Haymarket Street as one was traveling toward downtown Fayetteville. Sometime later the Manor changed locations to a house across the street and closer to downtown Fayetteville.
7. As previously stated, he does not recall exactly when he moved to Fayetteville, North Carolina. On February 17, 1970, he would either have been residing in Killeen, Texas, training for his new employment in Louisiana or had recently moved to Fayetteville.
8. As the ministry of The Manor continued, there were many individuals that became involved in the operation of this organization. There was a rather large volunteer support base made up of both local residents as well as members of the military stationed at Fort Bragg. Among these individuals were Ann Cannady and Juanita Sisneros. Ann Cannady was a local resident and Juanita Sisneros was from somewhere in Colorado. Juanita had come to the Fayetteville area due to the fact her son, who was stationed at Fort Bragg, had been charged with a serious crime. As he recalls, Sisneros' son had been charged with murder, kidnapping and rape and was later convicted on one or more of these charges. Juanita was distraught over her son's situation and as a result became involved in The Manor's ministry.
9. After he had been in Fayetteville approximately two years, Robert Bearden requested him to return to Killeen, Texas, and assist him in opening up a Christian ministry operation. This operation, which was named the Christian Farm, Inc., was to be operated by Bearden and he, in fact, did make one or two trips to Killeen, Texas, from Fayetteville; however, decided he would return to Paris, Tennessee, to be with his family and to work and go back to college.
10. While residing in the Fayetteville area, the management of The Manor decided they would make arrangements to buy a farm. He personally was against the purchase of the farm, as he did not feel The Manor was financially stable enough to take on such an obligation. A farm was located which The Manor decided to purchase. This farm was located near an interstate outside of Fayetteville; however, he does not recall the location. He did visit the farm on approximately two occasions but cannot state the number of acres in this farm. On one trip to the farm he was accompanied by Ann Cannady and Juanita Sisneros. Their purpose was to merely look the farm over and Ann Cannady, being an interior decorator, desired to look at the house for decorating purposes. Upon arrival at the farm, Ann Cannady and Juanita Sisneros went into the vacant house; however, he remained outside. As Sisneros and Cannady entered the house, he observed two individuals running through some pine trees near the rear of the house. He can only state that he believes these two individuals were males and could not state positively that they had been in the house; however, were running from the direction of the rear of the house. When Ann Cannady and Juanita Sisneros came out of the house, they appeared distraught and immediately told him that someone had done some writing on the interior walls. He does not recall exactly everything that was said; however, believes they stated that the wording "Death to Pigs" had been written on the walls in paint. He cannot state for certain but believes they possibly said it was written in red paint. He never went into the house on this occasion; however, did on a later date return to the house but the walls had been painted by Manor personnel. He does not know who actually painted the walls and never heard anyone else make any statement about there being writing on the walls.
11. As previously stated, he resided in Fayetteville, North Carolina, approximately two years. He does not recall exactly when he left Fayetteville; however, did return to Paris, Tennessee, where he worked for a period of time. He then entered Union University at Jackson, Tennessee, and thereafter graduated from that university in 1977. Following his graduation from college, he became minister of the Cottage Grove Baptist Church at Cottage Grove, Tennessee. He remained minister of this church for approximately three years at which time he left the ministry and went into the field of mental health.
12. He had no further contact with Ann Cannady or Juanita Sisneros following his having left Fayetteville, North Carolina, until sometime in approximately 1980. He does recall he was still minister of the Cottage Grove Baptist Church and received a telephone call from Ann Cannady on a Sunday evening. He remembers it was a Sunday evening, as he was getting ready to go to church when she called. His wife had told him that a woman had been calling for him several times during the previous week and when told he was not present, the caller would refuse to tell his wife who she was. When Ann Cannady did call him on that Sunday evening, he asked her if she was the one that had been calling him and she stated she was. Ann Cannady then asked him in the conversation if he recalled a resident at The Manor who had gone by the name of Dave. He immediately knew who she was talking about, as he recalled an individual who gave his name as "Dave" that had appeared at The Manor while he was in Fayetteville, North Carolina. He recalls that "Dave" was a thin blonde headed white male, approximately 5'8" tall. Dave was much different than most residents of The Manor in that he was much neater in his appearance than others. He recalled Dave mainly because Dave had stayed at The Manor only approximately two days and after he left, it was determined that some of his clothing was missing from the closet giving the appearance that Dave had stolen them. After being asked by Ann Cannady if he recalled Dave, he told her he did. She then asked him if he recalled Dave making the statement during a prayer meeting at the farm in North Carolina about being a party to the MacDonald murders. He told her that he did not attend any prayer meeting at the farm and did not recall ever hearing Dave make any such statement regarding the MacDonald murders. It was evident this was the purpose of Ann Cannady's call, as nothing much else was talked about. Just before they discontinued their conversation, Juanita Sisneros got on the phone and talked to him for a short period of time merely asking him how he was doing and to say hello to him. He recalls his impression following this telephone conversation was that Ann Cannady had become involved in the cause of Juanita Sisneros son and it appeared to him she had found another cause.
13. He never heard anything further until sometime in 1983 at which time he received a telephone call from a man identifying himself as Ray Shedlick. Mr. Shedlick identified himself as a private investigator and asked him for a physical description of the individual that had used the name "Dave" at The Manor. He did furnish a physical description of Dave; however, he told Mr. Shedlick that he had no personal knowledge whatsoever of any statement allegedly made by Dave. Mr. Shedlick did state that Ann Cannady had been the person giving his, Phillips', name to him.
14. Following his having received the telephone call from Mr. Shedlick, Mr. Shedlick arrived in Tennessee and interviewed him regarding any knowledge he might have concerning Dave and the MacDonald murders. This interview was recorded by a female which Mr. Shedlick had with him. During the interview, Mr. Shedlick exhibited to him a group of photographs asking if he recognized anyone identical to "Dave". As he recalls, there were approximately five or six photographs that were exhibited to him. Some of these photographs contained a group of individuals and at least one photograph was a photograph of only one individual. He cannot recall if there was more than one photograph that contained only one individual. He did advise Mr. Shedlick that the photograph of one individual did look like the individual he knew as "Dave"; however, could not state positively that the person depicted in this photograph was "Dave". Additionally, he selected an individual in a group photograph as bearing a resemblance to "Dave"; however, again had advised Mr. Shedlick he could not positively state that any of these individuals were identical to "Dave".
15. Mr. Phillips was exhibited a copy of a photograph denoted as Exhibit A attached to a declaration of Randy Phillips signed July 29, 1983, at Gallatin, Tennessee. Additionally, Mr. Phillips was exhibited a copy of a photograph depicting a group of individuals, this photograph identified as Exhibit B attached to the declaration of Randy Phillips. Mr. Phillips thereafter furnished the following information:
16. The photograph identified as Exhibit A, this being a photograph of one individual, is a photograph of the individual who he advised Mr. Shedlick looked like "Dave". The group photograph identified as Exhibit B is the photograph containing an individual the third from the left as being the person he advised Mr. Shedlick also looked like "Dave". Although he did make these statements to Mr. Shedlick, he at no time positively identified either individual depicted in these photographs as being identical to Dave.
17. Following this interview, Mr. Shedlick left; however, returned on July 29, 1983. At this time Mr. Shedlick had a prepared statement for him to sign. The statement presented to him, which he signed, was identical to the copy of the declaration of Randy Phillips which had just been exhibited to him and which contained the attached photographs, Exhibit A and Exhibit B. Upon reading this statement he advised Mr. Shedlick that he could not sign the statement in its present state, as item number five was not true. Item number five of this statement indicated that he had personal knowledge that "Dave" had made a statement regarding his being responsible for the MacDonald slayings. Additionally, he advised Mr. Shedlick that item nine of this declaration was not totally correct, as he had never returned to the farm for the purpose of cleaning the walls. In his opinion, the original writing of this declaration as far as item nine is concerned indicated he knew something about writing on the walls which he actually did not. He then crossed through all of item five of this declaration and a portion of the statement under item nine.
Further your affiant sayeth not:
DARRELL L. HAMAR
Special Agent
Federal Bureau of Investigation
Subscribed and sworn to before me this 10th day of July 1984.
[Illegible]
NOTARY PUBLIC
My Commission Expires 4-17-88
1. I am a Special Agent of the FBI, assigned to the Nashville, Tennessee, Resident Agency of the FBI, and on June 7, 1984, Randall Wallace Phillips, 970 East Main Street, Gallatin, Tennessee, was interviewed at his place of employment, the Wilson County Mental Health Center, Lebanon, Tennessee. Mr. Phillips furnished the following information:
2. He was born June 20, 1950, at Fort Knox, Kentucky. He is currently employed as a member of the clinical staff at the Wilson County Mental Health Center, Lebanon, Tennessee. He is married and has two children, age 6 years and 4 years. His parents currently reside at Paris, Tennessee, and his father, Wallace V. Phillips, is a retired Army First Sergeant.
3. Due to the military career of his father he attended numerous elementary and high schools while growing up. He graduated from the E. W. Grove Senior High School, Paris, Tennessee, and then moved to Killeen, Texas, as his father had just returned from Vietnam and was stationed at Fort Hood, Texas. He then enrolled in Central Texas College at Killeen and attended that school for one year during 1968 and 1969. His father then retired from the military and moved to Paris, Tennessee; however, he quit school and obtained employment in Texas. He later moved to Tennessee and attended Union University at Jackson, Tennessee, attending that university from 1974 to 1977 at which time he received a Bachelor of Science degree in psychology. He has, since his graduation from Union University, taken periodic leaves of absence from his employment and worked on an advanced degree through the California Family Study Center in the State of California.
4. After he quit school at the Central Texas College during 1969, he obtained employment at the Baron Rent-All Company in Killeen, Texas. He worked at that location for approximately one year during which time he met Mr. Robert Bearden, who currently resides at Harker Hts., Texas. He met Mr. Bearden during a Bible study session which both attended. He became friends with Mr. Bearden's son, Carol Perkins Bearden, who went by the nickname "Perky". In a conversation with Robert Bearden, Bearden advised he was planning to open a post exchange concession on the Fort Bragg, North Carolina, Military Base. Bearden, after learning of his employment with the Baron Rent-All Company, asked him if he would move to Fort Bragg, North Carolina, and operate his business. He agreed to do so and after an approximate two-week period of training in Louisiana, moved to Fort Bragg, North Carolina, and began working for Robert Bearden at his business, the Equipment Rental and Repair Company. Perky Bearden also moved to Fort Bragg and he and Perky resided together in a rented mobile home in an unrecalled trailer park. He does not recall the exact date he moved to Fayetteville; however, moved there probably in 1970.
5. While residing in Fayetteville, he met Currie N. Vaughn, who was a Presbyterian Chaplain at Fort Bragg. Chaplain Vaughn is now retired and resides somewhere in the State of Florida. Chaplain Vaughn and others started a halfway house type organization which they named "The Manor". The Manor was a religious type organization for the purpose of guiding young people who were in need of help and who had drug and alcohol problems. He became interested in this organization and became involved in this organization's work, eventually becoming a member of the board.
6. The Manor was initially located in an older house which was located some three to four blocks from downtown Fayetteville, North Carolina, on Haymarket Street. This house was on the right hand side of Haymarket Street as one was traveling toward downtown Fayetteville. Sometime later the Manor changed locations to a house across the street and closer to downtown Fayetteville.
7. As previously stated, he does not recall exactly when he moved to Fayetteville, North Carolina. On February 17, 1970, he would either have been residing in Killeen, Texas, training for his new employment in Louisiana or had recently moved to Fayetteville.
8. As the ministry of The Manor continued, there were many individuals that became involved in the operation of this organization. There was a rather large volunteer support base made up of both local residents as well as members of the military stationed at Fort Bragg. Among these individuals were Ann Cannady and Juanita Sisneros. Ann Cannady was a local resident and Juanita Sisneros was from somewhere in Colorado. Juanita had come to the Fayetteville area due to the fact her son, who was stationed at Fort Bragg, had been charged with a serious crime. As he recalls, Sisneros' son had been charged with murder, kidnapping and rape and was later convicted on one or more of these charges. Juanita was distraught over her son's situation and as a result became involved in The Manor's ministry.
9. After he had been in Fayetteville approximately two years, Robert Bearden requested him to return to Killeen, Texas, and assist him in opening up a Christian ministry operation. This operation, which was named the Christian Farm, Inc., was to be operated by Bearden and he, in fact, did make one or two trips to Killeen, Texas, from Fayetteville; however, decided he would return to Paris, Tennessee, to be with his family and to work and go back to college.
10. While residing in the Fayetteville area, the management of The Manor decided they would make arrangements to buy a farm. He personally was against the purchase of the farm, as he did not feel The Manor was financially stable enough to take on such an obligation. A farm was located which The Manor decided to purchase. This farm was located near an interstate outside of Fayetteville; however, he does not recall the location. He did visit the farm on approximately two occasions but cannot state the number of acres in this farm. On one trip to the farm he was accompanied by Ann Cannady and Juanita Sisneros. Their purpose was to merely look the farm over and Ann Cannady, being an interior decorator, desired to look at the house for decorating purposes. Upon arrival at the farm, Ann Cannady and Juanita Sisneros went into the vacant house; however, he remained outside. As Sisneros and Cannady entered the house, he observed two individuals running through some pine trees near the rear of the house. He can only state that he believes these two individuals were males and could not state positively that they had been in the house; however, were running from the direction of the rear of the house. When Ann Cannady and Juanita Sisneros came out of the house, they appeared distraught and immediately told him that someone had done some writing on the interior walls. He does not recall exactly everything that was said; however, believes they stated that the wording "Death to Pigs" had been written on the walls in paint. He cannot state for certain but believes they possibly said it was written in red paint. He never went into the house on this occasion; however, did on a later date return to the house but the walls had been painted by Manor personnel. He does not know who actually painted the walls and never heard anyone else make any statement about there being writing on the walls.
11. As previously stated, he resided in Fayetteville, North Carolina, approximately two years. He does not recall exactly when he left Fayetteville; however, did return to Paris, Tennessee, where he worked for a period of time. He then entered Union University at Jackson, Tennessee, and thereafter graduated from that university in 1977. Following his graduation from college, he became minister of the Cottage Grove Baptist Church at Cottage Grove, Tennessee. He remained minister of this church for approximately three years at which time he left the ministry and went into the field of mental health.
12. He had no further contact with Ann Cannady or Juanita Sisneros following his having left Fayetteville, North Carolina, until sometime in approximately 1980. He does recall he was still minister of the Cottage Grove Baptist Church and received a telephone call from Ann Cannady on a Sunday evening. He remembers it was a Sunday evening, as he was getting ready to go to church when she called. His wife had told him that a woman had been calling for him several times during the previous week and when told he was not present, the caller would refuse to tell his wife who she was. When Ann Cannady did call him on that Sunday evening, he asked her if she was the one that had been calling him and she stated she was. Ann Cannady then asked him in the conversation if he recalled a resident at The Manor who had gone by the name of Dave. He immediately knew who she was talking about, as he recalled an individual who gave his name as "Dave" that had appeared at The Manor while he was in Fayetteville, North Carolina. He recalls that "Dave" was a thin blonde headed white male, approximately 5'8" tall. Dave was much different than most residents of The Manor in that he was much neater in his appearance than others. He recalled Dave mainly because Dave had stayed at The Manor only approximately two days and after he left, it was determined that some of his clothing was missing from the closet giving the appearance that Dave had stolen them. After being asked by Ann Cannady if he recalled Dave, he told her he did. She then asked him if he recalled Dave making the statement during a prayer meeting at the farm in North Carolina about being a party to the MacDonald murders. He told her that he did not attend any prayer meeting at the farm and did not recall ever hearing Dave make any such statement regarding the MacDonald murders. It was evident this was the purpose of Ann Cannady's call, as nothing much else was talked about. Just before they discontinued their conversation, Juanita Sisneros got on the phone and talked to him for a short period of time merely asking him how he was doing and to say hello to him. He recalls his impression following this telephone conversation was that Ann Cannady had become involved in the cause of Juanita Sisneros son and it appeared to him she had found another cause.
13. He never heard anything further until sometime in 1983 at which time he received a telephone call from a man identifying himself as Ray Shedlick. Mr. Shedlick identified himself as a private investigator and asked him for a physical description of the individual that had used the name "Dave" at The Manor. He did furnish a physical description of Dave; however, he told Mr. Shedlick that he had no personal knowledge whatsoever of any statement allegedly made by Dave. Mr. Shedlick did state that Ann Cannady had been the person giving his, Phillips', name to him.
14. Following his having received the telephone call from Mr. Shedlick, Mr. Shedlick arrived in Tennessee and interviewed him regarding any knowledge he might have concerning Dave and the MacDonald murders. This interview was recorded by a female which Mr. Shedlick had with him. During the interview, Mr. Shedlick exhibited to him a group of photographs asking if he recognized anyone identical to "Dave". As he recalls, there were approximately five or six photographs that were exhibited to him. Some of these photographs contained a group of individuals and at least one photograph was a photograph of only one individual. He cannot recall if there was more than one photograph that contained only one individual. He did advise Mr. Shedlick that the photograph of one individual did look like the individual he knew as "Dave"; however, could not state positively that the person depicted in this photograph was "Dave". Additionally, he selected an individual in a group photograph as bearing a resemblance to "Dave"; however, again had advised Mr. Shedlick he could not positively state that any of these individuals were identical to "Dave".
15. Mr. Phillips was exhibited a copy of a photograph denoted as Exhibit A attached to a declaration of Randy Phillips signed July 29, 1983, at Gallatin, Tennessee. Additionally, Mr. Phillips was exhibited a copy of a photograph depicting a group of individuals, this photograph identified as Exhibit B attached to the declaration of Randy Phillips. Mr. Phillips thereafter furnished the following information:
16. The photograph identified as Exhibit A, this being a photograph of one individual, is a photograph of the individual who he advised Mr. Shedlick looked like "Dave". The group photograph identified as Exhibit B is the photograph containing an individual the third from the left as being the person he advised Mr. Shedlick also looked like "Dave". Although he did make these statements to Mr. Shedlick, he at no time positively identified either individual depicted in these photographs as being identical to Dave.
17. Following this interview, Mr. Shedlick left; however, returned on July 29, 1983. At this time Mr. Shedlick had a prepared statement for him to sign. The statement presented to him, which he signed, was identical to the copy of the declaration of Randy Phillips which had just been exhibited to him and which contained the attached photographs, Exhibit A and Exhibit B. Upon reading this statement he advised Mr. Shedlick that he could not sign the statement in its present state, as item number five was not true. Item number five of this statement indicated that he had personal knowledge that "Dave" had made a statement regarding his being responsible for the MacDonald slayings. Additionally, he advised Mr. Shedlick that item nine of this declaration was not totally correct, as he had never returned to the farm for the purpose of cleaning the walls. In his opinion, the original writing of this declaration as far as item nine is concerned indicated he knew something about writing on the walls which he actually did not. He then crossed through all of item five of this declaration and a portion of the statement under item nine.
Further your affiant sayeth not:
DARRELL L. HAMAR
Special Agent
Federal Bureau of Investigation
Subscribed and sworn to before me this 10th day of July 1984.
[Illegible]
NOTARY PUBLIC
My Commission Expires 4-17-88