Affidavits, Declarations and Statements
July 12, 1984
United States District Court
Eastern District of North Carolina
Affidavit #2 of Raymond Madden, Jr. (FBI) re: Ted Gunderson, Prince Beasley, and Allen Mazerolle
Attachments
Attachment #1: | December 27, 1981: Interview with Ted Gunderson and P. E. Beasley |
Attachment #2: | April 11, 1980: Excerpts from Investigative Report by Ted Gunderson |
Attachment #3: | January 29, 1970: Arrest card for Allen Mazerolle |
Attachment #4: | January 28, 1970: Complaint for Arrest for Allen Mazerolle |
Attachment #5: | March 10, 1970: Appearance Bond form for Allen Mazerolle |
Attachment #6: | March 10, 1970: Prisoner sheet re: Allen Mazerolle's release |
Attachment #7: | January 14, 1971: Judgment sheet for Allen Mazerolle |
Attachment #8: | January 14, 1971: Judgment and Commitment form for Allen Mazerolle |
Attachment #9: | January 14, 1971: Appeal Entries |
Attachment #10: | November 17, 1981: FBI Interview of Allen Mazerolle |
Attachment #11: | November 17, 1981: FBI Report re: Prints of Allen Mazerolle |
Scans of original transcript
UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF NORTH CAROLINA
FOR THE
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA | : | Criminal No. 75-26-CR-3 |
: | ||
v. | : | Criminal No. 84-41-CIV-3 |
: | ||
JEFFREY R. MACDONALD | : |
AFFIDAVIT OF RAYMOND MADDEN, JR. - #2
Raymond Madden, Jr., being duly sworn does depose and say that:
1. I am a special agent of the Federal Bureau of Investigation (hereafter FBI) assigned to the Raleigh Resident Agency, Charlotte Division, and on November 18, 1981, Prince E. Beasley, 1918 St. Paul's Avenue, was contacted and advised of the identities of the interviewing agents. He was informed that the FBI at the request of the United States Department of Justice was conducting an update investigation regarding the MacDonald case, specifically information obtained and reported by Private Investigator Ted L. Gunderson.
2. At the outset of the interview, Beasley related that several weeks ago he was telephonically contacted by Gunderson who informed him that he was not to talk to Special Agent Raymond Madden, Jr. or the FBI on instructions of Attorney Bernard L. Segal. Gunderson informed Beasley that if contacted, he should request that the interviewing agents put forth any questions in writing which would then be forwarded to Attorney Segal. Beasley stated he was somewhat confused by these instructions and in this regard, contacted Attorney Wade Smith in Raleigh, N.C., who requested that Beasley, if contacted by the FBI, contact him prior to consenting to any interview. Beasley stated that neither Segal nor Smith are his attorneys and he is not represented by them in this matter. He did not feel compelled to comply with Gunderson's instructions and furnished the following:
3. He was formerly employed as a Detective by the Fayetteville, N.C., Police Department. He first became involved with the MacDonald case on February 17, 1970, when he was informed of the MacDonald murders and furnished a description of the suspects noting that the descriptions of the individuals allegedly responsible for the murders were furnished by Dr. MacDonald. At that particular time, he was dealing with an informant whom he considered reliable by the name of Helena Stoeckley. He advised that after hearing the descriptions of the suspects that he immediately thought of Stoeckley as she basically met the description of the female suspect described and noted she ran around with several other hippie-type in- dividuals who also basically met the description of the suspects. Beasley noted that at that particular time in Fayetteville, N.C., there was a great deal of drug trafficking and numerous "hippie"-type individuals in Fayetteville, N.C., who basically fit the description of the alleged suspects. As he was familiar with Stoeckley and she basically met the description of the female suspect, he contacted Stoeckley shortly after the murders. He had occasion to talk with Stoeckley shortly after the murders and on other numerous occasions and in summary advised that in talking with Stoeckley, she informed him that she "thought" she may have been involved in the murders. She also related to him on occasion that Dr. MacDonald was "indirectly" responsible for the murders; however, he could not advise what Stoeckley meant by this statement. In conversations with Stoeckley, she told him on numerous occasions that she "thinks she was there." In reference to the night prior to the murders, February 16, 1970, at approximately 11:00 p.m., he recalls seeing Helena Stoeckley and three male individuals, two white males and one black male, outside the Village Shop, a local drug hangout in Fayetteville, N.C. The group was in what Beasley recalls as a blue Mustang vehicle and he remembers seeing Helena get out of the car and go into the shop. The black male sitting in the car and who was wearing an Army field jacket was unknown to Beasley, but was later identified to him by Helena as Eddie or Smitty. Beasley did not know this individual's complete identity. Greg Mitchell was also in the car and Beasley knew this in view of the fact that he had drug cases on Mitchell and was personally acquainted with him. There was also another individual in the car who was either Bruce Johnny Fowler or Allen Mazerolle. Beasley was acquainted with both of these individuals having had knowledge of them through drug related activities. In thinking back, Beasley was almost positive that the individual in the car was Mazerolle as he specifically recalled arresting Mazerolle for drugs. "Another" individual, a white male, was in the back seat of the car who was later identified by Helena as "Wizard." It should be noted that in the interview of Beasley, none of the above names were mentioned to him and he voluntarily furnished the above identities.
4. Insofar as his activities regarding the recent investigation of the MacDonald murders by Gunderson, Beasley advised his principal role was to solicit the cooperation of Helena Stoeckley and her husband, Ernest Davis, to submit to interview by Gunderson. In this regard he noted he had previously operated Stoeckley as a confidential informant and had a good rapport with her. He did convince Helena and her husband to eventually submit to interview and accompanied them on separate trips to Los Angeles, California, where they were interviewed by Gunderson. He noted during the interviews, he was present during the majority of the time and in addition to the interviews, he noted that Stoeckley was afforded an examination by a psychologist and polygraph operator. According to Beasley, the psychologist told Gunderson, Stoeckley was telling the truth regarding the MacDonald case. Gunderson also told Beasley that the polygraph operator stated that Helena passed the examination and was telling the truth. During the interviews of Stoeckley, she furnished statements to Gunderson admitting she was present during the murders of the MacDonald family and named as the murders, Bruce Johnny Fowler, Allen Patrick Mazerolle, Gregory Howard Mitchell, Shelby Don Harris, "Smitty" and "Wizard."
5. In reference to the above named individuals as being responsible for the murders of the MacDonald family, Beasley was of the opinion that the investigation should attempt to locate and interview the individuals; however, Gunderson refused to attempt to locate and interview these people. This seemed like a logical aspect of the investigation to Beasley and he could not understand Gunderson's reasoning for not attempting to locate these individuals. To Beasley's knowledge, these individuals have never been interviewed by Gunderson and he has no idea of their present whereabouts.
6. In reference to a photograph of a group of individuals, photographed on a dock, Beasley advised to the best of his recollection, this photograph was obtained form Mrs. (First Name Unknown) Garcia, who resides near North Carolina Highway 210 near Fort Bragg, N.C. Beasley recalled that a white female, Kathy Smith, had resided at the Garcia residence and had indicated to Mrs. Garcia that she may have been in trouble with the law and been involved in a murder. When Smith left the residence, Garcia made the photograph available as well as a calendar that Smith had circled the date of February 16, 1970. Beasley did not state at this time that Helena Stoeckley had ever associated with Cathy Perry, or that Helena Stoeckley had told him (Beasley) that she had left any clothing or boots in the care of Cathy Perry.
7. Beasley has never discussed any book or movie rights with Stoeckley and advised that he has no contractual arrangements regarding any book concerning the MacDonald case. He advised that Helena does have some kind of an arrangement with Fred Bost, a former newspaper writer residing in Fayetteville, N.C. Beasley took Bost to see Helena in South Carolina. Beasley then admitted he did have some type of contract with Bost and Helena for a book and movie rights and believes he and Helena were each to receive 20 percent, the author Bost an unrecalled percentage and an agent an unrecalled percentage. He was not sure of what percentage he was to receive, but stated Bost informed him the book would be about "cult" and "drug" activities during the 1970's and was not primarily about the MacDonald case.
8. In reference to the investigation conducted by Gunderson, Beasley recalled that he received a telephone call from Gunderson who requested that Beasley meet two "psychics" at the Greenville, S.C., airport and noted his purpose was to point out Helena to the psychics. He did not know why the psychics were sent by Gunderson and did not know what part in the investigation they played. He was told by Gunderson that Gunderson wanted the psychics to talk to Stoeckley and her husband Ernest Davis. He did in fact pick up the psychics and point out to them Helena and Ernest Davis. He later learned from Gunderson that the psychics approached Helena and attempted to get her to talk about the MacDonald case. One of the psychics, both of whom were female, told Ernest and Helena that she (psychic) had fallen in love with MacDonald and wanted Helena to go to California to tell the story of the MacDonald murders. Beasley advised the psychics looked like "hippies."
9. In reference to the investigation, Beasley advised that his only remuneration has been for expenses involved in connection with his travel and he has not been paid one cent for his time. He is not certain whether the investigation he participated in has cleared MacDonald and was willing to testify concerning his knowledge of the MacDonald case.
10. On Sunday, December 27, 1981, in the presence of Special Agent Victor P. Holdren, Ted L. Gunderson, Private Investigator, Los Angeles, CA, and Prince E. Beasley, retired Fayetteville, N.C., police detective, voluntarily appeared at the Raleigh Resident Agency of the FBI, and consented to be interviewed regarding the Jeffrey R. MacDonald murder case at Fort Bragg, N.C., on February 16-17, 1970. They were both informed that the interview to be conducted was to be tape recorded and it should be noted that Gunderson also, on his own equipment, tape recorded the interview. Attached #1 is a true and correct transcript (pages numbered 1-74) of the interview with Gunderson and Beasley.
11. During the tape recorded interview of December 27, 1981, Beasley denied his prior statement of November 18, 1981, regarding having seen Allan Mazerolle in Helena Stoeckley's company at the Village Shoppe on the night of February 16, 1970, (see transcript at page 39-40) however, with regard to his alleged encounter with Helena Stoeckley following the murders in the early morning hours of February 18, 1970, the following colloquy took place:
MADDEN: Mr. Beasley, uh, when you contacted Helena on February 17, 1970, uh, in the late evening hours in Fayetteville, N.C., uh she was with a group of individuals at that time, is that correct?12. Prior to interviewing Beasley on November 18, 1981, I had read the following statement in the Investigative Report, United States v. Dr. Jeffrey R. MacDonald, Volume I, April 11, 1980, prepared by Ted L. Gunderson and Associates, Inc.; at page (196a) (attached #2):
BEASLEY: That is correct. Yes.
MADDEN: Uh, would you please uh, state the, uh, location you, uh, found Helena, and uh, particularly who was in her company at that time.
BEASLEY: O.K. Excuse me that's corrections February -
MADDEN: Excuse me, uh, let the record show that, uh, this would be on, uh, February 18, 1970.
MADDEN: Would you please state the, uh, uh, names of the individuals, uh, who were in the company of Helena Stoeckley, uh, during the first occasion you contacted her, uh, after the, uh MacDonald murders and the, uh, circumstances surrounding, uh, your contact.
BEASLEY: Well, I, you want me to, uh, describe how I, uh, first spotted her, or what, or -
MADDEN: Uh, I would like you to describe, uh, the particular location where you found her, and exactly who was in her company at that time.
BEASLEY: I, uh, staked out 1108 Clark Street, That was in, uh, Fayetteville, that was where Helena lived with this group of hippies, or so called hippies. Uh, it was about two, uh, thirty, on the morning of the 18th. Uh, a cream, or a light colored car, pulled into the driveway. I saw Helena in the car and I called Helena to me. Greg Mitchell was in the car, Don Harris was in the car, and I believe, uh, without looking at my report, his name was, uh, Poplin (phonetic), was in the car. Uh, now whether Bruce Fowler was there or not, I'm not sure about that. And there was some others that I, I, I don't know. I, I have records, I did have records, with the names of most of the people that was there, and I cannot locate my records, at the Police Department.
MADDEN: How many, uh, people, uh, specifically are you talking about, uh, can you recall the number of people who were with her at that time?
BEASLEY: Oh, gosh, there was six or seven people with her, uh, the car was completely full. It, it was completely filled up when it pulled up there. And, uh, they were, they were yelling and laughing, going on.
MADDEN: Was Bruce Johnny Fowler in the car?
BEASLEY: I don't recall Fowler being there. But I do recall Don Harris being there.
MADDEN: Was Allen Mazerolle in the car?
BEASLEY: Allen Mazerolle was there.
MADDEN: Uh, you're quite sure in you mind that, uh, uh, Fowler and Mazerolle were in the car?
BEASLEY: I'm not sure about Fowler.
MADDEN: Uh, you're not sure about Mr. Fowler, but you are sure about Mr. Mazerolle?
BEASLEY: And Greg Mitchell.
MADDEN: And Greg Mitchell.
BEASLEY: Don Harris.
MADDEN: Uh, there's no doubt in your mind, uh, at this time, that uh, Mazerolle was in the vehicle?
BEASLEY: Well, I, I don't think there's any doubt at all. Of course, now you know this was a long time ago. And I, without having records to refer to, its hard, but, uh, I'm, I'm positive he was there, almost positive he was there.
MADDEN: O.K. To the best of your recollection
BEASLEY: At the best of my recollection,
MADDEN: Mazerolle was, uh, in the vehicle with Helena and the, and the other individuals.
BEASLEY: Yes, uh, he was a close, uh, companion of Helena's anyway.
MADDEN: Was Mazerolle, uh, Helena's boyfriend, to your knowledge?
BEASLEY: Yes he was.
MADDEN: Had you ever, uh, arrested Mazerolle for any reason?
BEASLEY: Yes sir I did.
MADDEN: Uh, could you please tell me to the best of your recollection when and why you arrested Mazerolle.
BEASLEY: Uh, closest I can come to the date, now I know there's a file there on Mazerolle, but about fifteen days, I believe, before this MacDonald case, uh, thing happened, uh, Helena set Mazerolle up, and uh, I arrested him and her and another guy, together, and a guy by the name of Rezo (phonetic), driving, uh, Rezo's automobile, and they had about fifteen thousand dollars worth of LSD with them. Uh, I arrested all three, and put all three in jail. Confiscated the car, and uh, charged Rezo and Mazerolle, Ro, Rolle, or whatever his name is, with possession of LSD. And transported them. Helena was charged but later released.
MADDEN: Was, uh, Rezo and/or Mazerolle ever, uh, prosecuted for this offense, do you recall?
BEASLEY: Uh, yes they were. Mazerolle was gave, I believe, if I'm not mistaken, was given three to five years. Uh, Rezo was found not guilty.
MADDEN: You say that, uh, you arrested Rezo and Mazerolle approximately three weeks before the MacDonald murders?
BEASLEY: It was approximately that. I'm, I'm, now I'm guessing, uh, because, uh, I don't have the files, but I could look at the files and tell you, I know that file is there. I found that.
MADDEN: Was, uh, Rezo subsequently convicted?
BEASLEY: Rezo was released.
MADDEN: He was released.
BEASLEY: Yes.
MADDEN: Uh, but Mazerolle, uh, to your knowledge, uh, was convicted?
BEASLEY: He was convicted, yes he was.
MADDEN: And, uh, served time.
BEASLEY: He served time. I think he served about eight months out of a three to five year sentence.
MADDEN: After you arrested, uh, uh, Rezo and Mazerolle, uh, did they make, uh, bond, uh, immediately or shortly thereafter?
BEASLEY: Uh, yes, I guess they did, I'm not sure. I, I put 'em in jail and, uh, I don't know whether they made bond or not.
MADDEN: Well, obviously, uh, at least Mazerolle had to make bond in order to be, uh, out of jail on February 18, 1970, is that correct?
BEASLEY: Oh yes, he was out.
MADDEN: Definitely?
BEASLEY: Yes, he was out.
MADDEN: O.K. Uh, at this particular, uh, point, uh, in the interview, Mr. Beasley, I have no further questions of you. If you would like to make any statements at this time, uh, regarding your association, uh, with Helena Stoeckley and/or the investigation of the MacDonald case, uh, you would be most welcome to, uh, volunteer anything at this particular point.
(Tr. P. 39-43).
"Mazerolle was not in custody at the time of the murders. The CBA Bonding Company had bonded him for $2,000."13. On October 14, 1981, accompanied by Special Agent Wayne Edenfield, your affiant contacted and advised Captain F. R. Armstrong, Chief Custodian, Cumberland County Jail, Fayetteville, N.C., of the identities of the interviewing agents. He was furnished a list of the following names and requested that he check his jail records regarding the below listed individuals:
(a) ALLEN PATRICK MAZZEROLLE, also known as Alan Patrick Mazerole, and Alan Patrick Mazerolle; white male; date of birth October 24, 1949; place of birth Fort Fairfield, Maine; Social Security Number 004-48-3430.14. Captain Armstrong advised that after reviewing the above names, he could only locate a record regarding Ernest Leroy Davis as having been incarcerated in the Cumberland County Jail. He stated that his records indicated that Davis, 315 Valley Road, Fayetteville, N.C., was arrested on September 19, 1980, at 12:15 p.m. and committed by Magistrate Oakley under a $200 bond. Davis was charged with assault on a female and made bond at 6:45 p.m. on September 19, 1980. Bond was posted by Prince E. Beasley and Davis was released by Magistrate Hall.
(b) THOMAS JOSEPH RIZZO; white male; date of birth; May 8, 1948; place of birth Poughkeepsie, New York; Social Security Number 123-36-9924.
(c) SHELBY DON HARRIS, also known as Don Harris; white male; date of birth June 23, 1948.
(d) GREGORY HOWARD MITCHEL, also known as Gregory Howard Mitchell; white male; date of birth July 6, 1950; Social Security Number 237-86-2215.
(e) BRUCE JOHNNY FOWLER; white male; date of birth July 25, 1949; Social Security Number 420-72-9509.
(f) JANE MCCAMBELL, also known as Jane Zillioux; white female.
(g) WILLIAM EDWARD POSEY; white male; Social Security Number 418-20-3137.
(h) HELENA WERLE, also known as Helena Stoeckly, Helena Stockley, and Helena Foster; white female; date of birth; June 7, 1951.
(i) DWIGHT SMITH; black male.
(j) ROBERT MURRAY SANDERS; white male.
(k) ERNEST LEROY DAVIS; white male; date of birth; January 27, 1957; Social Security Number 248-11-1626.
15. Armstrong stated his records further indicated that Davis was again committed to the Cumberland County Jail in Fayetteville on October 21, 1980, at 11:30 p.m. for charges of failing to appear and assault on a female. He was committed to the jail by Prince E. Beasley who went off of Davis' bond. Davis was subsequently released at 8:55 p.m. on October 24, 1980, on bond furnished by Lena Stoeckley.
16. Armstrong stated that possibly additional records regarding the above individuals checked in his file could be located in a storage facility maintained in a room adjacent to the Cumberland County Jail. In this regard, Armstrong, accompanied by the interviewing Agents, reviewed records in a file cabinet for the year 1970 at which time Armstrong located a commitment card for Allen P. Mazerolle. This card, according to Armstrong, an original copy, indicated that Mazerolle, a white male, age 20, was arrested on January 29, 1970 at 3:20 a.m. by officers Sonberg and Beasley of the Fayetteville Police Department and incarcerated in the Cumberland County Jail. The record further indicated that Mazerolle was released from the Cumberland County Jail at 5:15 p.m. on March 10, 1970, on bond posted by the CBA Bonding Company. He was incarcerated on a charge of possession and transportation of LSD and listed his home address as the 82nd AVI Company, Fort Bragg, N.C. There was a notation on the card that a military detainer was outstanding and also a hold for the U.S. Alcohol and Tax Unit. During incarceration from January 29, through March 10, 1970, Mazerolle had one hundred and twenty-three meals in the Cumberland County Jail.
17. Armstrong advised that he could not make available the original incarceration card regarding Mazerolle but would make available a certified copy of the card from the Cumberland County Superior Court. In reference to this, Armstrong made available a copy of the above arrest card which was certified and issued by Tommie J. Dallas on October 14, 1981, Clerk, Superior Court of Cumberland County, N.C. A copy of this document is attached herewith to this affidavit. (#3)
18. Armstrong further advised that should it be necessary to produce either of the above documents in a court of law that a subpoena duces tecum should be issued to him.
19. On October 15, 1981, your affiant contacted Peggy J. Brinson, Clerk's Office, Cumberland County Superior Court, made available a "true" certified copies of the following documents:
(a) A complaint of arrest for Allen Patrick Mazerolle, District Court Case Number 70-CR-2215. This warrant of arrest indicates that Mazerolle was arrested on January 29, 1970, by L. L. Sonberg. Listed as witnesses were P.E. Beasley and J. R. DeCarter. Brinson made available a "true" certified copy of the above document. (attached #4)Brinson explained that should any records from the Clerk's office be necessary to be produced in a court of law, that an appropriate subpoena duces tecum should be issued to George T. Griffin, Clerk, Superior Court, Cumberland County, North Carolina, who is the official keeper of all records. The above listed documents are herewith attached.
(b) A copy of an "appearance bond" form contained in Mazerolle's Superior Court file, 70-CR-2215 which indicated that Mazerolle posted $2,000 cash bond through the CBA Bonding Company, Fayetteville, on March 10, 1970. Brinson made available a "true" certified copy of the above document. (attached #5)
(c) A prisoner sheet contained in Mazerolle's file, CR-70-2215, indicating that Mazerolle was released from the Cumberland County Jail on March 10, 1970, after spending 41 days in jail and noting the amount due to the County as $123. Brinson made available a "true" certified copy of the above document. (attached #6)
(d) A judgment sheet regarding Allen Patrick Mazerolle, Superior Court of Cumberland County, Case Number 70-CR-2215, indicating that Mazerolle was found guilty of possession of LSD. Brinson made available a "true certified copy of the above document which was actually prepared by (First Name Illegible) Smith on October 14, 1981. (attached #7)
(e) A "judgment and commitment" form regarding Allen Patrick Mazerolle indicating that on January 14, 1971, he was found guilty of possession of LSD and was sentenced to three to five years to the care and custody of the Department of Correction. Brinson made available a "true" certified copy of the above document which was actually prepared by (First Name Unknown) S. Smith on October 14, 1981. (attached #8)
20. On November 17, 1981, Allen P. Mazerolle, was interviewed by Special Agent Charles J. Walsh, Portland, Maine, Field office, and a signed statement obtained. (see attachment #10)
21. Attached at #11 is a report of the Latent Fingerprint Section, Identification Division, FBI, reflecting the fact that comparison of Allen Patrick Mazerolle's fingerprints, with those unidentified prints found at the crime scene, resulted in no identifications being effected.
Further your affiant sayeth not.
/Raymond Madden, Jr./
RAYMOND MADDEN JR.
Special Agent, FBI
Subscribed and sworn to
before me this 12th
day of July, 1984.
DEPUTY CLERK
/[illegible]/
N0TARY PUBLIC
My Commission Expires May 31, 1985
Attachments
Attachment #1: | December 27, 1981: Interview with Ted Gunderson and P. E. Beasley |
Attachment #2: | April 11, 1980: Excerpts from Investigative Report by Ted Gunderson |
Attachment #3: | January 29, 1970: Arrest card for Allen Mazerolle |
Attachment #4: | January 28, 1970: Complaint for Arrest for Allen Mazerolle |
Attachment #5: | March 10, 1970: Appearance Bond form for Allen Mazerolle |
Attachment #6: | March 10, 1970: Prisoner sheet re: Allen Mazerolle's release |
Attachment #7: | January 14, 1971: Judgment sheet for Allen Mazerolle |
Attachment #8: | January 14, 1971: Judgment and Commitment form for Allen Mazerolle |
Attachment #9: | January 14, 1971: Appeal Entries |
Attachment #10: | November 17, 1981: FBI Interview of Allen Mazerolle |
Attachment #11: | November 17, 1981: FBI Report re: Prints of Allen Mazerolle |