Affidavits, Declarations and Statements


September 13, 1984

United States District Court
Eastern District of North Carolina

Affidavit of James Jenkins (FBI) re: Latent Prints

Attachment

UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA :
v. : NO. 75-26-Cr-3
: Civil No. 84-41 CIV-3
JEFFREY R. MACDONALD :
I, James E. Jenkins, being duly sworn do depose and say that:

(1) I am employed by the Federal Bureau of Investigation (FBI), Identification Division.

(2) I have been further employed by the FBI as a fingerprint examiner in the Latent Fingerprint Section, and as such I performed all of the examinations relating to questioned fingerprints submitted by the Army to the FBI, as they pertain to the MacDonald case.

(3) Along with the results of my examinations, the fact that more negatives than photographs of latent prints were delivered to me by then Captain Brian Murtagh, USACIDC, on November 27, 1974, for examination is reflected in the attached Report of the Identification Division, dated February 12, 1974, under the heading "Specimens". (see enclosure)

(4) In the spring of 1979, I received a phone message that Bernard Segal, an attorney representing Jeffrey MacDonald, had called to speak with me. Prior to returning Mr. Segal's call I contacted Brian M. Murtagh, the Justice Department attorney handling the trial preparation and arranged for him to be present when Mr. Segal called back. Subsequently, Mr. Segal called and stated, in substance, that he wanted to talk to me about the FBI's examination of the fingerprints in the MacDonald case. Before Mr. Segal got too far along I explained that the prosecutor, Mr. Murtagh, was also on the line. At that point Mr. Segal said he had another call to take or return and he terminated the conversation. To the best of my recollection, I was never contacted again by Mr. Segal or any other of the MacDonald defense team. To the best of my recollection, Mr. Segal did not request that the FBI furnish him with copies of all the photographs and negatives of latent areas submitted by the CID for examination. Had Mr. Segal done so the only photographs and negatives which I would have been able to furnish him in 1979, would have copies made by the Identification Division of latent prints previously identified, and copies of photographs and negatives of unidentified latents determined to be of value for comparison purposes. All of the original photographs, negatives and record fingerprints previously submitted by the Army for examination in 1974, and had been returned to the CID in 1975.

(5) Based on my training and experience as a fingerprint examiner in the Identification Division of the Federal Bureau of Investigation, I can state the following in regards to the enhancement of photographs of latent areas: a photograph of a latent area can be enhanced for comparison purposes if the negative is in focus, by reprinting the photograph on various types of paper to enhance the contrast in the photograph. This has long been a standard operating procedure employed by fingerprint examiners. From my experience, and based on the standard operating procedures employed by the FBI, I can further state, that when the negative is out of focus because there was improper focusing of the camera lens or movement occurred during the taking of the photograph, enhancement as described above will not correct the blurring of the image. Accordingly, the photograph from such a blurred negative will not be rendered valuable for comparison purposes merely because it has been printed on a photographic paper with different contrast characteristics.

Further you affiant sayeth not.

/James E. Jenkins/
JAMES E. JENKINS


Subscribed and sworn to before me this    13    day of September, 1984

/Sharon L. Tucci/
Sharon L. Tucci
Notary Public



Attachment
February 12, 1975: Letter from the FBI to Brian M. Murtagh
(Transcript provided below)

February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 1 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 1 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 2 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 2 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 3 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 3 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 4 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 4 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 5 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 5 of 12


Enclosure

February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 6 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 6 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 7 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 7 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 8 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 8 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 9 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 9 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 10 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 10 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 11 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 11 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 12 of 12


Trancript of Attachment
with Enclosure


FBI FINGERPRINT REPORT

Report of the Identification Division Latent Fingerprint Section

February 12, 1975

Your File No.
FBI File No. 70-51728
Latent Case No. A-25000

To: Captain Brian M. Murtagh
The U. S. Army Criminal Investigation Command
U. S. Department of the Army
Washington, D. C. 20318

Unknown Subject(s)
Jeffrey Robert MacDonald, and Others – Victims
544 Castle Drive
Fort Bragg, North Carolina
Re: Crime on Government Reservation Murder


Specimens delivered on November 27, 1974, and December 30, 1974, by Captain Murtagh, letter December 9, 1974, and specimens received January 8, 1975.

Reference: Addressee and FBI, Charlotte, Albuquerque, and New York Divisions.
Examination requested by: Same

Specimens:
(1) 290 negatives.
(2) 312 photographs of latent prints.
(3) Fingerprints including tips, sides and lower joint areas of fingers, palm prints, and footprints of Jeffrey Robert MacDonald, FBI #490743H.
(4) Finger, palm and foot prints of Colette S. MacDonald.
(5) Finger and palm prints of William Francis Ivory.
(6) Fingerprints and some palm and foot prints of 115 additional individuals for comparison.

Reference also FBI, Charlotte, New York, and Albuquerque Division communications, submitting fingerprints of Pamela Lorraine Kalin, fingerprints, including tips, sides and lower joint areas of fingers and palm prints of Dorothy MacDonald, Violet Mary Kalin, Paul Andrew Kalin, Donald Lewis Kalin, Johnny Lewis Caldwell, Robert John Duffy, David Harlan Dickerson, Mario Sabastian D'Amore, Mildred Stevenson Kassab, James Warner Paulsen, Jr., James Barthold [sic] MacDonald and Judith MacDonald Alvey, footprints of Jeffrey Robert MacDonald and naming Pat Comisky, FBI #16345H, for comparison.

Seventy latent fingerprints, twenty-eight latent palm prints, one latent footprint, and six latent impressions of value appear in 213 negatives and 245 photographs. Seven of the latent fingerprints are from tips, sides or lower joint areas of the fingers. Four of the latent impressions are either fingerprints or partial palm prints and two of the impressions are either fingerprints, partial palm prints, or footprints. No latent impression of value appear in the remaining negatives and photographs. The above totals include the latent prints of value previously reported in our Latent Fingerprint Section reports dated August 26, 1970, and September 10, 1970.

Seven of the aforementioned latent fingerprints were previously identified as fingerprints of Jeffrey Robert MacDonald as set forth in our reports of August 26, 1970, and September 10, 1970. See an attached page for the results of the comparisons of thirteen additional latent fingerprints and three latent palm prints with finger and palm prints of Jeffrey Robert MacDonald.

Fifteen latent fingerprints, two latent palm prints, and one latent footprint have been identified as fingerprints, palm prints and a foot print of Colette S. MacDonald as follows:

One footprint, exhibit 1x1
Two fingerprints, exhibit 2x2
One fingerprint, exhibit 2x6
One palm print, exhibit 3x13
Two fingerprints, exhibit 3x22 and 23
Two fingerprints, exhibit 3x24
Two fingerprints, exhibit 3x25
One fingerprint, exhibit 3x26
One fingerprint, exhibit 3x27
One fingerprint, exhibit 5x16
One fingerprint, exhibit 5x17 and 5x19
One fingerprint, exhibit L-19
One fingerprint, exhibit L-23
One palm print, exhibit L-26

Two latent palm prints appearing exhibit 2x3 have been identified as palm prints of James Warner Paulsen, Jr. One latent fingerprint appearing exhibit 3x2 has been identified as a fingerprint of Richard Dennis Tevere. One palm print appearing exhibit 3x3 has been identified as a palm print of David Harlan Dickerson. Two latent palm prints appearing exhibits 3x7 and 8 have been identified as Donald Rinzo Jeffrey. One latent fingerprint appearing exhibit 6x1 has been identified as a fingerprint of William Francis Ivory. One latent fingerprint appearing 6x2 has been identified as a fingerprint of Hagan A. Rossi. One latent fingerprint appearing exhibit L-13 and one latent fingerprint appearing L-25 have been identified as fingerprints of Ronald Harold Harrison.

The thirty remaining, eighteen latent palm prints, and six latent impressions appearing exhibits, 1x2, 2x5, 2x34, 3x1, 3x4, 3x6, 3x10, 3x12, 3x20, 3x22, 3x25, 3x29, 4x17, 4x23, 5x4, 5x6, 5x7, 5x11, 5x12, 5x14, 5x18, 6x5 and 6, 6x7, 6x9, 7x1, 7x2, J, L-24, P, S-1, S-2, M, Q, and Z were compared with the available inked prints of Jeffrey Robert MacDonald, Colette S. MacDonald, and with the available inked prints of 125 individuals, whose names appear on the attached list, but no identification were effected. Conclusive comparisons could not be made in some instances because the inked prints are not fully recorded, including tips, sides, lower joint areas of fingers and palm prints, and some of the copies of prints are not completely legible.

Seven of the unidentified latent fingerprints and one latent impression were searched in our single fingerprint file, but no identification was effected. The remaining unidentified latent prints lack sufficient pattern area necessary for search in this file. Searches were not conducted in our main fingerprint file, inasmuch as the prints contained in this file are filed according to a classification formula derived from all ten of an individual fingers.

Photographs of the unidentified latent prints have been prepared for our files and will be available for any additional comparison you may desire.

Should you desire the assistance of one of the FBI's fingerprint experts in the trial of this case, we should be notified in ample time to permit the necessary arrangements. This report should be used, however, if legal considerations permit, in lieu of the appearance of our expert in any pre-trial action such as preliminary hearing or grand jury hearing. Our representative cannot be made available to testify if any other fingerprint expert is to present testimony on the same point, that is, that the impressions in question are identical.

Negatives of the inked prints of Jeffrey Robert MacDonald have been prepared and are being retained in our files. The original inked prints are being returned and should be retained for possible use in the trial of this case.

The inked prints submitted by FBI, Charlotte, New York, and Albuquerque are being forwarded to FBI, Charlotte for retention. The remaining specimens, together with the notes and correspondence pertaining to this case, which were also submitted, are being retained in the Latent Fingerprint Section until called for by a representative of your department. The request to furnish transparencies, as well as the deposition of the photographic materials submitted with FBI, Charlotte communication dated November 13, 1974, was included in our laboratory communication to FBI, Charlotte dated December 14, 1974.

The inked prints of Chaplain and Mrs. Kenneth Edwards mentioned in FBI, Charlotte communication dated November 1, 1974, have not been received to date.

Enclosure



Enclosure

FBI File No. 70-51728 February 12, 1975
Latent Case No. A-25000



Re: JEFFREY ROBERT MACDONALD, FBI #490743H


Thirteen latent fingerprints and three latent palm prints have been identified as fingerprints and palm prints of Jeffrey Robert MacDonald as follows;

One palm print, exhibit 2x7
One palm print, exhibit 4x23
One palm print, exhibit 5x15
Three fingerprints, exhibit 5x20 and 21
Four fingerprints, exhibit 5x23
One fingerprint, exhibit L-1
One fingerprint, exhibit L-8
One fingerprint, exhibit L-9
One fingerprint, exhibit L-11
One fingerprint, exhibit L-15
One fingerprint, exhibit R-1

This is a list of the people/agents that was fingerprinted in the MacDonald case. Fingerprints only are available unless otherwise indicated.

(1) Alicea, Jose A.
(2) Allen, Terry Glenn, FBI #311274J6 (copy of palm prints)
(3) Alvey, Judith MacDonald (fingerprints and palm prints)
(4) Avila, Richard Frank
(5) Barnett, Kenneth (copy of fingerprints)
(6) Barton, Calvin Eugene
(7) Becker, Raymond Lester
(8) Black, Carl Eugene
(9) Brennan, Edward J.
(10) Bland, Sue Ann (fingerprints and palm prints)
(11) Braswell, Neil Keith (fingerprints and palm prints)
(12) Brock, Joseph G. (fingerprints and palm prints)
(13) Brock, Patricia (fingerprints and palm prints)
(14) Burnett, Gary James (copy fingerprints)
(15) Butner, Mary Carol (fingerprints and palm prints)
(16) Butner Robert Westbrook (fingerprints and palm prints)
(17) Byrne, Kevin Bruce (fingerprints and palm prints)
(18) Caldwell, Johnny Lewis (fingerprints and palm prints)
(19) Carney, Donna Marie (copy of fingerprints)
(20) Carter, Ernest Greenwood (fingerprints and palm prints)
(21) Castelan, Juan Casteneda (fingerprints and palm prints)
(22) Cazares, Dianne Marie (fingerprints and palm prints)
(23) Charest, John Edward (fingerprints and palm prints)
(24) Christian, David M., Jr. (fingerprints and palm prints)
(25) Cirrone, Charles David (fingerprints and palm prints)
(26) Clark, Timothy Steven (fingerprints and palm prints)
(27) Collins, James Dwight (fingerprints and palm prints)
(28) Comisky Patricia Anne, FBI #16345H
(29) Connelly, Paul A.
(30) Cooper, Charles C.
(31) Cullity, Annette (copy of fingerprints)
(32) D'Amore, Mario Sabastian (fingerprints and palm prints)
(33) Dickerson, David Harlen (fingerprints and palm prints)
(34) Duffy, Robert John (fingerprints and Palm prints)
(35) Durkin, Kathleen M. (fingerprints and palm prints)
(36) Eiler, Brenda Lynn (fingerprints and palm prints)
(37) Eshelman, Wayne M., Jr. (copy of fingerprints)
(38) Faber, Frederick Charles, lll (fingerprints and palm prints)
(39) Faulk, Russell Dale (copy of fingerprints)
(40) Fortner, Richard Michael (copy of fingerprints)
(41) Fowler, Bruce Johnny (fingerprints and palm prints)
(42) Fowler, Janice Marie (fingerprints and palm prints)
(43) Gardner, Robert H.
(44) Germano, Gerald Dominic (fingerprints and palm prints)
(45) Gilchrist, David Clifton (copy fingerprints)
(46) Gregg, David William (fingerprints and palm prints)
(47) Hageny, Thomas R. (fingerprints and palm prints)
(48) Hall, Jimmy Earl
(49) Hampson, John Charles (copy fingerprints)
(50) Hanley, Patrick D.
(51) Harris, Shelby Don (copy fingerprints)
(52) Harrison, Ronald Howard (fingerprints, palm prints and footprint)
(53) Hodges, John W.
(54) Hurst, Lewis Willard (fingerprints and palm prints)
(55) Ingland, James W. (copy fingerprint)
(56) Ingland, Terry William (copy fingerprints)
(57) Ivory, William Francis (fingerprints and palm prints)
(58) Jeffrey, Donald Rinzo (fingerprints and palm prints)
(59) Jenkins, Joseph E. (fingerprints and palm prints)
(60) Jetta, Charles F. (copy fingerprints)
(61) Johnson, Betty Jean (fingerprints and palm prints)
(62) Johnson, Henry (fingerprints and palm prints)
(63) Jones, Donna Marie (fingerprints and palm prints)
(64) Joyner, Nancy Diane (fingerprints and palm prints)
(65) Kalin, Donald Leroy ( fingerprints and palm prints)
(66) Kalin, Donald Lewis (fingerprints and palm prints)
(67) Kalin, Pamela Lorraine
(68) Kalin, Paul Andrew (fingerprints and palm prints)
(69) Kalin, Violet Mary (fingerprints and palm prints)
(70) Kassab, Alfred Gatas (fingerprints and palm prints)
(71) Kassab, Mildred Stevenson (fingerprints and palm prints)
(72) Kelley, Ronald Edward (fingerprints and palm prints)
(73) Kingston, Josephine Rae (fingerprints and palm prints)
(74) Kingston, Leslie Mildred
(75) Kulbeck, Larry James (fingerprints and palm prints)
(76) Lawson, Edward Charles, Sr.
(77) Lee, Joseph (fingerprints and palm prints)
(78) MacDonald, Dorothy (fingerprints and palm prints)
(79) MacDonald, James Barthold (fingerprints and palm prints)
(80) MacFarlane, Michael D. (fingerprints and palm prints)
(81) Maki, Leonard J.
(82) McAllister, David Haze
(83) MacDonald, Howard Hughes (fingerprints and palm prints)
(84) MacDonald, Jerry Wayne (copy fingerprints)
(85) Mica, Kenneth C. (fingerprints and palm prints)
(86) Mitchell, Gregory Howard (fingerprints and palm prints)
(87) Mitchell, Susan
(88) Moore, James Frank (fingerprints and palm prints)
(89) Moore, Rebecca J. (fingerprints and palm prints)
(90) Moore, Regina Joyce (fingerprints and palm prints)
(91) Morris, Dennis R. (fingerprints and palm prints)
(92) Musgrave, Walter Edmund (fingerprints and palm prints)
(93) Neal, William P. (fingerprints and palm prints)
(94) Norman, Vicki Sue (fingerprints and palm prints)
(95) Nuchereno, John Robert
(96) Orr, Raymond P.
(97) Paarmann, L Dean (fingerprints and palm prints)
(98) Paulk, Joseph L. (fingerprints and palm prints)
(99) Paulsen, James Warner, Jr. (fingerprints and palm prints)
(100) Perry, Cathy Elizabeth (copy of fingerprints)
(101) Perry, James Joseph
(102) Probst, Charles Edwin, Jr. (fingerprints and palm prints)
(103) Riopello, Albert (fingerprints and palm prints)
(104) Rossi, Hagan A.
(105) Sellick, John Frederick
(106) Shaw, Robert B. Jr. (fingerprints and palm prints)
(107) Sherer, Joseph Peter (fingerprints and palm prints)
(108) Sinclair, John, Jr. (fingerprints and palm prints)
(109) Smith, John R. (fingerprints and palm prints)
(110) Smith, Kathy Ann (fingerprints and palm prints)
(111) Smith, Melinda Mary (fingerprints and palm prints)
(112) Stinebaugh, Donald R. (fingerprints and palm prints)
(113) Stoeckley, Helena Worlie
(114) Strope, Daniel (fingerprints and palm prints)
(115) Taylor, Sherrie Louise
(116) Tevere, Richard Dennis (fingerprints and palm prints)
(117) Thoesen, Mary Judith (fingerprints and palm prints)
(118) Thoesen, Richard Craig (fingerprints and palm prints)
(119) Tool, H. Warren, Jr. (fingerprints and palm prints)
(120) Webb, Guy P. (copy fingerprints)
(121) Weiss, David L.
(122) White, Ann R. Johnson (fingerprints and palm prints)
(123) Williams, Donald R., Jr. (fingerprints and palm prints)
(124) Williams, Larry A. FBI #500617E
(125) Wright, Robert Earl
Webmaster note: 
The misspelling of Hogan (Rossi) has been corrected to Hagan in this transcript.