Affidavits, Declarations and Statements

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UNITED STATES OF AMERICA	:	Criminal No. 75-26-CR-3
	:
v.	:	Criminal No. 84-41-CIV-3
	:
JEFFREY R. MACDONALD	:

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 September 9, 1981, Helena Stoeckley Davis, Post Office Box 545-A, was contacted at her residence and immediately advised of the identities of the interviewing agents. Davis, in the presence of her husband, Ernest Davis, was informed that she was to be interviewed regarding statements she furnished to Private Investigator Ted Gunderson in Los Angeles, California as well as other details regarding how she and her husband came to furnish statements to Gunderson.

2. She advised that while she and her husband were walking in Seneca, S.C., sometime in October, 1980, they were approached by Prince Beasley, a retired Fayetteville Detective, and Officer Fred Massey, of the Walhalla, S.C., Police Department. Beasley immediately got out of the car that he and Massey were riding in, and approached her husband and made the statement to Ernest, "Boy you have let me down". Beasley immediately handcuffed Ernest and told Ernest that he was going to be transported to Fayetteville, N.C., where he would have a hearing for bond jumping. Beasley informed Helena that she could accompany them to Fayetteville if she so desired, and she accepted Beasley's offer as she did not want to be separated from her husband.

3. En route to Fayetteville, N.C., Beasley "nagged" both Helena and her husband in an effort to get them mad at each other. After a long drive, the group arrived at the Magistrate's office in Fayetteville, N.C., and she and Ernest exchanged words at which time Ernest attempted to hit her. Beasley stopped this confrontation and wanted Helena to press charges against her husband. She thought that the arrest of her husband was a ruse to get her and her husband separated as Beasley wanted to get her alone to talk about the MacDonald
case.

4. After Beasley placed Ernest in jail, they talked at the Law Enforcement Center in Fayetteville, N.C., at which time Beasley encouraged her to talk about the MacDonald case. Beasley used persuasion on her saying things to her like, "The people in California need you and if you cooperate Beasley could help Ernest". Beasley told Helena that if she went to California the "matter" would be cleared up once and for all. Beasley also promised Helena that he would do everything possible to help her out.

5. She finally agreed to accompany Beasley to California, and although she did not have any clothes or personal items, she agreed to accompany Beasley to California and they immediately drove from Fayetteville, N.C., to the Raleigh-Durham Airport. Prior to leaving Fayetteville, N.C., Beasley telephonically contacted someone in California, and she believes he probably contacted Ted Gunderson. Beasley and Helena flew out after dark on an Eastern Airlines flight to Los Angeles, where they were met at the airport by Ted Gunderson. During the flight to Los Angeles, Helena remembered saying something to Beasley as, "I sure would like to have it cleared up once and for all." During the flight, Beasley told Helena that Ernest had informed him that she had implicated herself in the MacDonald murders and that Ernest was of the opinion Helena was involved. Other than the above statements Helena could not recall making any additional statements to Beasley about the MacDonald case.

6. After Gunderson met them at the airport, the trio immediately drove to Gunderson's office in Los Angeles, CA. Helena noted that it was after midnight and she was extremely tired, noting that she had driven from Seneca, S.C., to Fayetteville, N.C., and then had almost immediately driven to Raleigh, N.C., and flown to Los Angeles, CA. Gunderson talked to her at his office and told her that he was trying to see justice done once and for all. He informed Helena that "we" all know that MacDonald was not guilty and that he wanted to get the facts straight once and for all. Gunderson promised Helena that she would not go to prison if she cooperated with him. Helena recalled that she was at Gunderson's office for approximately 45 minutes to an hour, and that she was always accompanied by Beasley. Beasley finally took her to a Holiday Inn somewhere in Los Angeles, CA, where she registered and immediately went to bed.

7. At approximately 6:00 a.m., the next morning, Gunderson and Beasley got her up; however, she refused to go with them at the time to Gunderson's office and told them that she was too tired. They came back late in the morning and took her to Gunderson's office. At that time she was interviewed by Gunderson and Beasley, and noted that the interview was recorded on a cassette. After she initially consented to an interview, Gunderson told her that if she cooperated concerning the MacDonald murders that Gunderson would: (1) furnish her a new identity; (2) relocate her and her husband somewhere in California, possibly Orange County, CA; (3) obtain a job for her; (4) provide her with a new Social Security Number; (5) provide medical treatment; and (6) provide an apartment and/or housing.

8. After talking with Gunderson, she consented to be interviewed and told him everything as she recalled. She noted that Beasley was always present during the interview, and that the interview lasted from late morning hours until after midnight or later the next morning. During the interview, an employee of Gunderson by the name of Homer Young, was in and out of the office. Gunderson was the primary interviewer and she recalled that the cassette was always "on" when she talked about the night of the MacDonald murders. Basically, during interview, she vaguely recalled telling Gunderson that because of the amount of drugs she was taking during the period of time in February, 1970, she could not remember specifically what happened during the late evening and early morning hours of February 16-17, 1970. She did not tell Gunderson that she was present during the MacDonald murders, and at the present time she could not remember whether or not if she was actually at the MacDonald residence at the time of the murders. She sometimes thinks she was present, but the amount of drugs she was taking at the time had messed up her mind and she is not certain about anything at that particular period of time.

9. After the first day of interview with Gunderson, she recalled going to bed at approximately 2:00 a.m., and the next day she was awakened by Beasley at approximately 8:00 a.m., at which time she and Beasley returned to Gunderson's office to continue the interview. She recalled that she was interviewed from early in the morning until 11:30 p.m., that night. She believes she was interviewed a third day by Gunderson at his office, and after the interview she returned to Fayetteville, N.C., with Beasley in order that she could get her husband out of jail.

10. Helena stated specifically that she did not know for a fact whether or not she was present and/or participated in the MacDonald murders on February 17, 1970. She stated that she could specifically recall that at midnight on February 16, 1970, she had "dropped mescaline" and that she was totally "spaced out." She recalls doing this on Clark Street in Fayetteville, and that Greg Mitchell gave her the "hit" of mescaline. She recalls that after obtaining drugs from Mitchell that she was left alone.

11. While in California with Gunderson, she took one Quaalude which she had obtained from a legal prescription. She noted that at the time she had recently had a cast removed from a broken leg and had pain pills which were prescribed by a doctor; however, she could not recall the specific type. She recalled that she did take pain pills while in California, but stated she was not on any illegal drugs at the time she provided statements to Gunderson, but stated that she was "dog tired" the whole time she was in California.

12. Helena recalled signing a statement for Gunderson and specifically signing the statement using the name of Foster, as she did not want to use her maiden or married name. She could not recall when she signed the statement, but noted the whole time she was interviewed by Gunderson that secretaries were typing statements and pages, and that after completion she recalled initialing several pages. The last day she was with Gunderson she read the entire statement and signed it. She was shown a copy of a signed statement that she furnished to Gunderson dated October 25, 1980, and stated that she signed the statement after reading it in its entirety. She stated that at the time she "felt" the statement was accurate, but noted she did not know positively. She was not furnished a copy of the statement by Gunderson.

13. Helena recalled that while being interviewed by Gunderson he continuously attempted to make a "big thing" out of the word "cult", and encouraged her to talk about a cult. She noted that during 1970, she was into witchcraft and not cult activities and was of the opinion that the mention of cult activities in her statement was primarily Gunderson's idea and not hers.

14. Helena noted that Gunderson did not want her to leave California to return to Fayetteville, N.C., in view of the fact that Gunderson wanted Helena to be seen by a hypnotist, a psychologist, and a polygraph operator. Prior to leaving, she told Gunderson that she would return to California, and after arriving in Fayetteville, N.C., with Beasley, she went to court for Ernest's case which was never called to docket.

15. Recalling her interviews by Gunderson in October, 1980, Helena stated that while she was being interviewed by Gunderson she was aware that Dr. MacDonald and his attorney, Bernard Segal, had called the office several times and had spoken to Gunderson. Gunderson informed her that they wanted to make sure that the case would not be brought up again and that Segal wanted information from her statement to keep in his possession and that it would not be used in court. She also recalled that Dr. MacDonald had a group of friends who had put up money for an investigation to be conducted by Gunderson.

16. After returning to Fayetteville, N.C., and eventually getting back with her husband, she and her husband moved to Seneca, S.C. Her husband obtained a job and they were doing well, but she noted that she was periodically telephonically contacted through a neighbor by Beasley, who continually encouraged her to return to California. One day in late 1980, while walking to the store on a rural road in Seneca, S.C., Gunderson, driving a car, pulled up next to her and stated, "ready to go back to California?" She told him that she was not going and that he (Gunderson) had lied to her and Ernest. Gunderson requested that she return to California and noted that he had a doctor all lined up to examine her as well as other qualified people. It was her opinion that Gunderson obviously contacted her away from her husband as Ernest was not happy with the tactics used by Gunderson in separating her and her husband and separately transporting them to California for interviews. Gunderson eventually talked her into getting into his car and without clothing, luggage or personal items she and Gunderson immediately drove to Atlanta, GA. She requested that she be able to contact her husband prior to going to Atlanta, but Gunderson assured her that she could call Ernest from the Atlanta Airport. After arrival at the Atlanta Airport, they immediately flew on Eastern Airlines to Dallas, TX., a layover stop en route to Los Angeles. At this point, and shortly before the airplane was to depart, Gunderson called her husband in Seneca, S.C., and informed Ernest that Helena was with him and en route to California. Gunderson allowed Helena to talk to Ernest for a very short period of time, a minute or two, at which time he took the telephone away from Helena and again talked to Ernest. After the conversation, Helena and Gunderson boarded an airplane for Los Angeles, CA.

17. Helena believes the above events occurred during the early part of December, 1980, specific date unrecalled. She remembered that when she and Gunderson arrived at the Los Angeles Airport, that they were picked up by his secretary, Kathy (last name unknown), who drove them directly to Gunderson's office. Gunderson asked her why she did not return to California earlier and Helena simply informed him that she did not want to return. During this trip, she stayed at an unrecalled hotel, and noted that Prince Beasley was also registered at the same hotel. The next day Gunderson and Beasley took her out to various stores looking at jewelry boxes and then they returned to Gunderson's office where they went over her confession. She was later examined by a psychologist, (first name unrecalled) Beaber, at UCLA. To her recollection, the examination had nothing to do with the MacDonald case, and she took several tests at the psychologist's request. She recalled spending approximately five hours with the psychologist and that, to the best of her recollection, it was on a Sunday in the early part of December, 1980.

18. Sometime later, Gunderson took her to a polygraph operator by the name of Scott (last name unknown), who was the son of the owner of a detective agency. According to Helena, she was tested three times on the polygraph machine, and noted that only she and the operator were present during the tests. While she was taking the tests, Gunderson and Beasley remained in an outer office. Sometime during the three tests, Gunderson got mad at her and made the statement to her that she could "get forty years". She was so upset during one of the examinations that the polygraph operator told Gunderson that he would not perform any tests on her, and that the machine had gone completely berserk.

19. She eventually recalled signing another statement for Gunderson which was very similar to the first, but was more specific regarding the description of a jewelry box.

20. After spending several days in Los Angeles, California, Gunderson and Beasley flew back with Helena to Fayetteville, N.C. In Fayetteville, N.C., Gunderson and Beasley took her to the outside of the MacDonald's apartment, but she noted that they did not enter the residence. She recalled walking around the outside of the apartment building.

21. Since December, 1980, she has only had one contact with Gunderson and that was by letter approximately two to three months ago. The letter from Gunderson provided her with a false resume in order that she could attempt to get a job. She recalled that the resume was in the name of Helena Davis, and provided her with the name of a former supervisor she allegedly worked for in California. She stated that in the letter Gunderson promised her to forward her money when he could; however, she stated that she did not wish to have any additional contacts with Gunderson and threw the letter away. She then responded to Gunderson by her own personal letter dated July 25, 1981, of which she kept a rough draft copy. She showed the letter to the interviewing Agents and stated that it was somewhat illegible, but read it to the interviewing Agents, and it was noted that Helena informed Gunderson that she did not feel any moral obligation to help anyone regarding the MacDonald case. She further informed Gunderson that if he persisted in contacting her that she would seek legal advice. Helena stated that she would rewrite the letter and make available a copy to the FBI.

22. In reference to the MacDonald case, Helena specifically noted that both Beasley and Gunderson told her not to talk to the FBI or the Department of Justice; however, they gave no specific reason.

23. In January, 1981, she was contacted through the mail from a Mr. Fred Bost, a reporter of the Fayetteville Times, Fayetteville, N.C. The letter from Bost discussed "rights" to a book he was going to write regarding the MacDonald murders and contained a contract with the letter. To the best of Helena's recollection, she was to get twenty percent from the book, Beasley twenty percent, Bost fifty percent, and an agent ten percent. She tore up the contract. She recalled that sometime in January, 1981, she physically spoke with both Bost and Beasley regarding the "book" regarding the MacDonald murders. She noted that the format of the book was to be that she was a young drug addict and a serious problem. Bost and Beasley assured her that she would not get into any trouble if she cooperated regarding the book.

24. In retrospect to her interviews by Gunderson and Beasley in California, she specifically recalled that both Gunderson and Beasley told her that the Statute of Limitations had run out regarding the MacDonald case and that she could not get into any trouble whatsoever if she cooperated. When asked specifically the last contact she had with Beasley, Helena looked at her husband and would not reply to the question, but stated that she thought that Beasley had attempted to telephonically contact her today through a neighbor using the code name "Mr. Swaney" (phonetic). She stated that Beasley left a message for her to call him collect at telephone number 1-803-485-2389, and she noted that she tried unsuccessfully to contact the number. When she tried the area code 919 with the rest of the number she contacted someone at Beasley's residence in Fayetteville, North Carolina.

25. The only remuneration she ever received from Gunderson was $100 for expenses. She has never been relocated and specifically noted that Gunderson has requested that she have a telephone installed in her residence and she refused this request by both Gunderson and Beasley in view of the fact that she felt this was purely a method for them to stay in touch with her.

26. At this point in the interview, Helena was shown a copy of a signed statement dated December 4, 1980, being allegedly sixteen pages in length, and stated that she did not recall whether or not she signed the statement. She recalls signing numerous release forms during December, 1980, for Gunderson but, did not recall specifically whether or not she signed the above statement.

27. She was also shown a copy of a statement dated December 6, 1980, which she stated was taken by Gunderson and Beasley by use of a cassette, and was basically a question and answer type interview.

28. She advised that she gave statements to Gunderson and Beasley at their urging and request. She stated that she was so high on drugs that she did not know about the MacDonald murders, but thought maybe she did. She noted the first time she saw Dr. MacDonald was in court in Raleigh, N.C., during the summer of 1979. Sometimes she has dreams that are very real to her and she wanted to find out whether or not she was actually present during the MacDonald murders. She told the truth at MacDonald's trial and during the summer of 1979, to the best of her knowledge, according to the way the questions were asked.

29. Helena further related that she furnished an artist conception of "WIZARD" to Gunderson's daughter in Los Angeles, California. The conception was taken in a freelance manner and Helena noted that no books, composites, or any other aids were used during the description of the conception of "WIZZARD" [sic].

30. At the conclusion of the interview, Helena reiterated that she was not positively sure where she was during the late evening hours of February 16, 1970, and the early morning hours of February 17, 1970. In this regard, she noted that she had an appointment on Saturday, September 12, 1981, with a psychologist at Clemson University, Clemson, South Carolina, Dr. (first name unknown) DAWS (phonetic). In this regard, she was considering being hypnotized to determine once and for all where she was during the early morning hours of February 17, 1970.

31. At the end of the interview, Helena Davis furnished the following signed statement (attachment #1), which is herewith recorded:

"September 9, 1981

"Seneca, S.C.

"I, Helena Davis, do hereby make the following voluntary statement to Special Agents Raymond Madden, Jr., and Frank Mills who have identified themselves to me as FBI Agents. No threats or promises were made to me to induce this statement and it is entirely of my own free will.

"I currently reside in Seneca, South Carolina with my husband Ernest Davis.

"I have previously furnished signed statements regarding the MacDonald murders to Mr. Ted Gunderson, a private investigator in Los Angeles, California. I have read the statements I furnished to Mr. Gunderson, dated October 25, 1980, and December 4, 1980. These statements are basically accurate; however, the statements and the facts of the statements are what I think happened or dreamed and are not a positive recollection of events on Feb. 16 - 17, 1970. The fact remains and the truth of the matter is that I do not actually know where I was during the early morning hours of Feb. 17, 1970, and I do not know if I was present or participated in the MacDonald murders.

"I have read this two page statement and have initialed each page, and now sign it because it is true and correct to the best of my knowledge.

"/s/ Helena Davis
"9-9-81

"Witnessed: Raymond Madden, Jr.
"SA FBI, Seneca, S.C.
"9-9-81

"Frank Mills
"SA, FBI, Seneca, S.C.

"Ernest L. Davis
"9-9-81"

32. Upon leaving the residence of Helena Davis, she requested that she be contacted the next day away from the presence of her husband in order to correct some of the information she had furnished above.

33. Helena Stoeckley Davis, was contacted at 12:41 P.M., at her prior request during the evening of September 9, 1981. At this time she advised as follows:

34. She could not talk frankly about drugs in front of her husband, Ernest Davis, as he was not aware of her previous drug experiences. She advised that when she was residing in Fayetteville, N.C., during 1970, drugs were a big part of her life. When she left Fayetteville, N.C., she told people she was too drugged to know where she was during the MacDonald murders; however, she noted she intended to see a hypnotist to find out once and for all whether or not she was present at the MacDonald murders.

35. Concerning her association with former Detective Prince Beasley, Helena noted that she was his informant and that her husband was unaware of this information. Beasley had somewhat of a hold on her as she was in the drug business and he threatened her on several occasions that he would "bust" her if she did not cooperate. She furnished him information since the age of fifteen through the age of eighteen while she resided in Fayetteville, N.C. Her husband dislikes Beasley very much and feels as though Beasley has used her continuously.

36. She wanted to correct some of her previous statements furnished on September 9, 1981, to the interviewing Agents and advised that regarding her contacts with Beasley since December 1980, in January 1981, Beasley showed up at her residence in Seneca, S.C., with Fred Bost. They informed her that Bost was writing a book and Beasley requested that Bost be permitted to interview her. Beasley wanted her to tell her story to Bost and noted that Beasley informed her that she should deal specifically with Beasley and not through Gunderson or Bost. Beasley informed her at this time not to talk to the FBI or the Department of Justice or anyone else involved with the MacDonald case. She stated that she and Bost talked about a book that he was going to write and that she recalls being interviewed by him.

37. Beasley returned to Seneca, S.C., in late January 1981, with a contract for a book which was going to be written by Bost. She signed the contract, giving her twenty percent rights, Beasley twenty percent, Bost fifty percent, and an agent ten percent. She signed the contract reluctantly, but felt that due to the inconvenience caused her regarding this case, the publicity, and the bad press, that she was entitled to some money.

38. Regarding her contacts with Beasley, she noted that Beasley contacts her through one of her neighbors in Seneca, S.C., and attempts to maintain close contact with her.

39. In May 1981, Beasley brought a reporter to Seneca, S.C., from The Washington Post, who interviewed her. She could not recall the name of the reporter, but stated that she consented to the interview and discussed the MacDonald case. She told the reporter that she wanted to get to the bottom of the case once and for all.

40. She also wanted to make a correction in reference to her previous statement on September 9. 1981, and stated that the information she provided in the statement was accurate with the exception of the time being approached by Gunderson in Seneca, S.C., during 1980. She stated that when Gunderson pulled up to her in a car, that he was accompanied by Prince Beasley and that the three of them eventually flew to California. She did not want to discuss the fact that Beasley was with Gunderson as previously noted her husband, Ernest, did not care at all for Beasley. She would like to discontinue all contacts with Beasley because she is of the opinion Beasley is deceiving both her and Ernest. She advised she will not invite anymore contacts from Beasley and does not wish to talk with him again. Beasley has always informed her that he needs to know her whereabouts at all times should it be necessary for him to contact her.

41. Regarding her court testimony during the MacDonald trial in August 1979, Helena advised that she wished to make the following corrections to her statement on September 9, 1981. She stated that she was not entirely truthful in front of her husband and wanted to make the necessary corrections as follows:

(a) She did not possibly admit to the identities of some individuals, specifically Greg Mitchell and possibly some others.

(b) She believes she remembers seeing Dr. MacDonald prior to the trial and thinks that he was pointed out to her by Joe Kelly, who used to get drugs for her. Kelly stayed at the Medical Holding on Fort Bragg, Fayetteville, N.C. She believes she possibly saw Dr. MacDonald at the hospital prior to the trial in 1979.

(c) She was unsure what she did the evening before the MacDonald murders or the next morning, February 17, 1970.

42. In addition to the previous contact discussed with Beasley, Helena advised that she received a letter from Beasley last week in which he told her the book was coming along fine, according to Bost. He further informed her that if she had any problems to write to him at 1980 St. Pauls Avenue, Fayetteville, N.C. Beasley further noted that Bost, at the present time, was looking for a publisher for his book. She stated she destroyed the letter from Beasley as she was afraid her husband would find it.

43. She stated that while she was an informant for Beasley that he never paid her one nickel for any information and that she sold drugs to support herself. She feels as though she has been used and abused by Beasley and does not understand his motivation about the MacDonald case except that he is probably desirous of making money. She does not understand why Beasley did not help authorities with the case at the time rather than wait ten years later if he had valid information.

44. Other than the above corrections and/or additions, Davis advised that her statement and interview on September 9, 1981, was entirely accurate.

45. Davis made available a rough draft of a letter which she stated that she wrote to Ted Gunderson in Los Angeles, CA, dated July 25, 1981. She also made available a legible copy of the above letter which she stated was an exact, or near exact, duplicate of the letter she forwarded to Gunderson dated July 25, 1981. (See attachment #2 & 3).

46. The letter she directed to Gunderson dated July 25, 1981, is as follows:

"7-25-81

"Mr. Gunderson,

"In all fairness to any person or persons involved in the investigation of the Jeffrey MacDonald murder case of 1970 at Fort Bragg, N.C., I feel that it is my moral obligation to inform you that my husband and I are in the process of immediate relocation.

"It is my opinion that in the preceding months I have been used as a pawn for your convenience and suitability. I also feel that I was coerced into signing the so-called 'confession' in December by means of exploitation, false hopes, and empty promises.

"Never have I seen a greater mockery made of justice, or such a shambles made of a legal investigation.

"Granted, I have a past history of heavy drug abuse, cult involvement, and police trouble, but in my opinion, I do possess clear and sound mental faculties, good judgment, and a moderate level of intelligence.

"After having been deceived time and time again and after concluding that what I thought was caution and shrewdness on my part was being taken by everyone as gullibility, I no longer feel obligated to aid anyone in this matter any further.

"When I finally agreed to talk to you, I felt that I was doing what was morally right. I would also be freeing myself from a private hell. So I gave you as conclusive a review of the events of the night in question as I could. You, in turn misconstrued and distorted all statements I made to you to be used at your convenience.

"No longer will I be caused any further embarrassment or have unfavorable implications made about me due to this case.

"Any fears or anxieties that I now have I will deal with myself. Contrary to statements made by Judge Dupree and others my life is no longer a drugged, dazed stupor that I cannot face or deal with.

"I have procured a lawyer who is gathering data on this case so that should anyone come up with any insane idea that I should be incarcerated I won't be caught unprepared.

"If I were you, I would also be mindful of the fact that defamation of character over such a long period of time is a very serious offense.

"Do not try to contact me or anyone related to me in the future.

"At this point, I feel that vindication is in my favor.

"Your cooperation in this matter would be appreciated. Please make my stand clear to Mr. Beasley as well.

"Sincerely,
"/s/ Mrs. Helena Davis

"P.S. I must reiterate, should there be any undue stress placed upon me or my family in the future, I shall no hesitate to take legal action."

47. Davis advised that other than the above corrections and/or additions, that the information she provided on September 9, 1981, was accurate and truthful.

Further your affiant sayeth not: