Affidavits, Declarations and Statements

August 28, 1984

Declaration #1 of Bernard Segal re: August 13, 1979 Psychiatric and Psychological Examinations and Testing of Jeffrey MacDonald by Drs. Brussel and Silverman


I, Bernard L. Segal, declare as follows:

(1) I am an attorney at law. In 1979 I represented Dr. Jeffrey R. MacDonald in the criminal case captioned United States v. MacDonald, Case No. 75-26-Cr-3 in the United States District Court for the Eastern District of North Carolina.

(2) My co-counsel at that trial were Wade M. Smith of Raleigh, North Carolina and Michael J. Malley of Phoenix, Arizona.

(3) During the trial, on the evening of August 13, 1979, as a precondition to the court considering the admission of defense psychiatric testimony, Dr. Jeffrey R. MacDonald submitted to a psychiatric examination conducted by Dr. James Brussel, psychiatrist, and psychological examination and testing by Dr. Hirsch Silverman, psychologist, who had been selected by the government to perform the examinations.

(4) The examination took place in the law offices of Wade M. Smith.

(5) On the evening of August 13, 1979, I accompanied Dr. MacDonald to Wade Smith's offices. Before Dr. MacDonald, Dr. Silverman and Dr. Brussel left the reception area to go into the private offices to conduct the examination, I spoke with both Dr. Silverman and Dr. Brussel. At that time I had them both read and agree to confidentiality agreements. I stood with the doctors as they read the confidentiality agreements and each stated they understood and accepted the terms. Dr. Brussel and Dr. Silverman then escorted Dr. MacDonald into a private office to conduct the interviews and they closed the door.

(6) I remained in the reception room within ten feet of the door of the private office for the entire time that Dr. Silverman, Dr. Brussel and Dr. MacDonald remained in the office for the interviews.

(7) I saw Dr. Silverman walk into the office with Dr. MacDonald and I did not see him exit the office until the conclusion of the interviews with Dr. MacDonald, Dr. Brussel and Dr. Silverman walked out together.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 28 day of August, 1984 at San Francisco, California

/Bernard L. Segal/
Bernard L. Segal