Affidavits, Declarations and Statements
October 16, 1990
United States District Court
Eastern District of North Carolina
Affidavit of John Murphy re: Freedom of Information Act (FOIA) Material
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Webmaster note:
Regarding Exhibit #12, Murphy wrongly claims in his affidavit that this inventory was created by FBI technician Kathy Bond. The inventory was actually done by FBI technician Shirley Green (see FBI File re: Dec. 18, 1990 interview of Shirley Green).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
FAYETTEVILLE DIVISION
| UNITED STATES OF AMERICA, | ) | |
| ) | ||
| v. | ) | No. 75-26-CR-3 |
| ) | ||
| JEFFREY R. MACDONALD | ) | |
| ) |
AFFIDAVIT OF JOHN J. MURPHY
I, John J. Murphy, being first duly sworn, state under oath the following:
1. I am a paralegal with the law firm of Silverglate & Good, 89 Broad Street, Fourteenth Floor, Boston, Massachusetts, 02110, counsel for the defendant Jeffrey R. MacDonald in the above-styled and numbered action. I make this affidavit in support of defendant Jeffrey R. MacDonald's ("Dr. MacDonald") Petition for relief pursuant to Title 28r United States Code, Section 2255.
2. I have reviewed materials acquired by Dr. MacDonald post-trial under the Freedom of Information Act ("FOIA"). As set forth below in greater detail, my examination of these FOIA materials, in addition to discovery produced by the government prior to trial, the record in the case, and interviews with Dr. MacDonald's prior counsel and others associated with the defense, indicates that one of the prosecutors in this case deliberately failed to disclose to the defense materials that were exculpatory of Dr. MacDonald. These exculpatory materials consist primarily of handwritten laboratory notes compiled by the government's laboratory technicians in the course of examining the physical evidence taken from the crime scene. These handwritten laboratory notes -- which were never provided to the defense either prior to or during trial, and which were only obtained post-trial under the FOIA -- indicate that the government's laboratory experts found the presence of: (1) blond synthetic hairs, as long as 22 inches, on a hairbrush taken from the MacDonald home, (2) the presence of black, green, and white woolen fibers found in debris taken from critical places on the body of Colette MacDonald and from the wooden club murder weapon, (3) the presence of brown/green cotton fibers underneath the body of Colette MacDonald, and (4) The presence of unmatched human hairs in the bedding of the victims. These handwritten notes also indicate that these blond synthetic hairs, wool and cotton fibers, and human hairs were unmatched to any other items in the MacDonald home.
3. The exhibits attached hereto were sequentially page-numbered with a stamping machine beginning with the number 00001 at the first page of Exhibit 1 and ending with page number 00270 at the last page of Exhibit 37. Any references to page numbers, unless otherwise noted, are to these stamped page numbers. Statements contained hereinafter are made on information and belief, based upon my review of the FOIA materials, unless otherwise noted.
GOVERNMENT LABORATORY FINDINGS INDICATING
THE PRESENCE OF SYNTHETIC BLOND FIBERS IN THE MACDONALD HOME
THE PRESENCE OF SYNTHETIC BLOND FIBERS IN THE MACDONALD HOME
4. In the spring of 1990, Dr. MacDonald's attorneys and myself were informed by Anthony Bisceglie, Esq., Dr. MacDonald's FOIA attorney, that he had spoken to the FOIA officer at the United States Army Criminal Investigation Records Division in Baltimore, Maryland. Mr. Bisceglie informed us that the Records Division had offered to allow us to inspect their records pertaining to Dr. MacDonald, which offer we accepted. (See Affidavit of Anthony P. Bisceglie, filed herewith.)
5. Mr. Bisceglie and I, along with a third investigator, Mr. Fred Bost, visited the Records Division on May 7, 1990. Upon our arrival, we were placed in a room with three large boxes of materials, which we were told constituted the Army CID's entire MacDonald file. We were told to mark with a paper clip any page that we wanted to have copied by the Records Division and we then proceeded to look through each page of the documents.
6. Toward the end of the day, while looking through the third box, I came across a set of handwritten laboratory bench notes. Within these pages I found references to synthetic blond hair-like fibers. I knew from previous work on the case that Helena Stoeckley had testified at trial to owning a blond wig at the time of the MacDonald family murders. I made sure that these pages would be copied, by placing a rubber band around the entire set and leaving them in a pile of materials to be copied, separate from the rest of the files.
7. On or about June 20, 1990, Mr. Bisceglie received the copies of the documents we had seen and designated, and immediately forwarded them to this office. (See Affidavit of Anthony P. Bisceglie)
8. Attached hereto as Exhibit 1, are the Army CID handwritten laboratory notes which reference the CID's discovery of 22-inch synthetic blond hair-like fibers and related documents, which I saw at the Records Center and which were subsequently forwarded to the office of Silverglate & Good by Mr. Bisceglie.
9. On March 9, 1971, during the Army's reinvestigation of the case several months after the conclusion of the Article 32 hearing, Army Criminal Investigation Division ("CID") investigator Peter Kearns requested the examination of, among other things, three hairbrushes found in the MacDonald home. (Exhibit 2) On the first page of his request, Kearns identified the hairbrushes and hair sample exhibits as follows:
Exhibit J: Blue handled hair brush (By All
American)
Exhibit K: Clear handled hair brush (Fuller)
(Exhibit 2)
Exhibit X: Hair brush from under body of
Colette MACDONALD listed in previous
CHEMISTRY SECTION: Lab reports as exhibit
#35.
Exhibit Y: Envelope containing hair samples
(plucked and combed) from Mrs. Alfred KASSAB
Exhibit Z: Hairs found in hand of Colette
MACDONALD. Mounted on glass slides.
(Exhibit 2)
On page two of his letter, Kearns requested the CID perform comparison examinations of the hairs found on the hairbrushes: "Examine exhibit J and K with exhibits X, Y & Z and determine if hairs are similar."
10. A handwritten inventory of the exhibits listed in Kearns' March 9, 1971 request letter was compiled by the Army CID laboratory. (Exhibit 1, pp. 21-22) This inventory, with the handwritten page numbers 770 and 771 in the lower right-hand corner, contains the following notation in the upper right-hand corner of the first page:
[illegible]
[illegible]
JSG
(Exhibit 1, p. 21)
It is clear, from the initials "JSG", that this handwritten inventory and the handwritten laboratory notes that contain the results of examinations of the items listed in the inventory (Exhibit 1, p.21-22) were composed by CID chemist Janice S. Glisson. This is confirmed by a cover page to this set of notes, marked with the initials "JSG," which indicate that Glisson's handwritten lab notes on "hairs" and "urine" consisted of the pages numbered 754 through 791 of the Army CID's compilation of laboratory notes. (Exhibit 1, p. 1) These pages included Glisson's examinations of hairs found in the hairbrushes taken from the MacDonald home.
11. Glisson's handwritten inventory listed these items:
Exb.J: s.s.p.b. cont. blue handled hair
brush (by All American) contents sealed
ĉ m.t. around handle.
Exb K: s.s.p.b. cont. clear handled hair
brush (Fuller) contents sealed ĉ
m.t. around handle.
E-35 s.s.p.b. cont. white handled hairbrush
(Fuller) and 5 s.s.p.b. cont. hairs.
hairbrush found under right arm of body in
master bedroom.
E-321 p.o. ĉ s.t. manilla envelope cont.
numerous head hair samples combed & plucked
from head of Mrs. Kassab (hair last dyed 25
Feb 71 removed 28 Feb 71) also
"All" cont. from left, center, rt. = plucked
from left, rear, rt. = combed
E-4, E-5 hairs found in hands of Colette M.
mounted glass slides in s.s.p.b. in slide box
closed ĉ m.t. with E-305 - E-313 (Jeffrey M.
known hair samples) and E-314 - E-319
(investigators Rossi, Orr, Ivory hair
samples)
E-320 head of Vicki Kalin (baby sitter)
(Exhibit 1, p. 21)
12. On the second page of her handwritten inventory, Glisson wrote: "1 Compare J&K ĉ E-35, E-321, E-4 and E-5" (Exhibit 1, p. 22).
13. The handwritten laboratory notes following Glisson's inventory indicate that Glisson commenced the examination of the hairs found on the hairbrushes by separating the hairs into three different categories: Dark brown hairs, blond hairs, and blond-brown hairs. (Exhibit 1, pp. 24-27)
14. The handwritten laboratory notes indicate that Glisson's examination of the blue handled hairbrush ("J") revealed the existence of dark brown or black synthetic hairs, as exhibited by the following notation:
9 dk br. black hairs curlier than E-
321 . . . most are 3-4" . . . think
this is a synthetic hair
(Exhibit 1, p. 24)
15. Glisson's handwritten laboratory notes indicate that her examination of the clear-handled Fuller hairbrush ("K") revealed the existence of blond, probably synthetic, hairs, up to 22 inches in length, as exhibited by the following notation:
Knumerous blondvaries in length up to 15" - curlySynthetic (?)up to 22"b)striated pigmentationa)cut end-sht br. samethroughout ĉ pigmentsgranules same as Jc) synthetic striated fibers made to look likehairs
(Exhibit 1, p. 25)
The question mark following the designation "synthetic?" would appear to indicate that, at that point, Glisson merely suspected that the blond hair in Exhibit "K" was synthetic. These handwritten notes of Glisson, documenting her findings of blond synthetic fibers, were not disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons and Wendy P. Rouder filed herewith.)
16. There are no written references in this set of handwritten CID laboratory notes or the CID's typed reports as to where within the MacDonald home the investigators found the clear-handled hairbrush. However, based on my review of photographs taken of the crime scene by the Army CID, copies of which are attached hereto as Exhibits 3 and 4, I conclude that the clear-handled hairbrush, which the CID initially designated as "K", was gathered from a small side table in the dining room that was located next to the doorway to the kitchen and very close to the telephone, which Helena Stoeckley admitted using while in the house in an interview with investigator Ted L. Gunderson. (Exhibit 5, par. 25)
17. On April 16, 1971, Glisson re-designated item "J", the blue-handled hairbrush, as E-322 and re-designated item "K", the clear-handled hairbrush, as E-323. Glisson wrote:
Note for Exhibit DesignationsExb J chged to E-322 - blue handledhair brushExb K chged to E-323 - clear handledhair brush
In adm. found we had had a J & K
so must chg. - did not chg. my notes or evidence
designations.
(Exhibit 1, p. 23)
18. On April 20, 1971, the results of the CID's comparisons of the hairs found on the hairbrushes, were compiled in a typed laboratory report numbered P-FA-D-C-FP-82-70-R24 (Exhibit 6). This laboratory report was signed by a number of CID laboratory personnel, including Janice S. Glisson. A copy of this typed laboratory report was apparently turned over to the defense prior to trial. (See the Affidavit of Bernard L. Segal, filed herewith.)
19. In the April 20, 1971, typed laboratory report (Exhibit 6), the CID made no reference to Glisson's findings of the suspected synthetic blond fibers "made to look like hairs" that were found on the clear-handled hairbrush ("K"/E-323). The only mention of synthetic fibers was a reference to "dark strands . . . synthetic fibers" that were found on the blue-handled hairbrush ("J"/E-322). (Exhibit 6, p. 54) The typed laboratory report indicated that the "blond hairs" found on the blue-handled ("J"/E-322) and the clear-handled ("K"/E-323) hairbrushes were "similar in gross color, pigmentation and structure to the hair of Exhibit E-4 and could have had the same source of origin." (Exhibit 6, p. 54) The hair in Exhibit E-4 was found in the right hand of Colette MacDonald and was identified by the FBI in a November 5, 1974, typed laboratory report as belonging to Colette MacDonald. (Exhibit 7) A copy of the November 5, 1974 FBI laboratory report likewise was apparently disclosed to the defense prior to the trial of Dr. MacDonald's case. (See Affidavit of Bernard L. Segal, filed herewith.)
20. On May 6, 1971, CID investigator Peter Kearns submitted an additional request for comparison examinations of the hair samples in the case. (Exhibit 1, p. 31) Kearns requested that hair samples on file be compared against hairs taken from the head and hairbrush of Helena Stoeckley (designated as "A") and a "hair like substance" removed from the nightgown of Kimberly MacDonald (designated as "B").
21. On May 13, 1971, a handwritten inventory of the exhibits listed in Kearns' May 6, 1971 request letter was compiled by CID Chemist Janice Glisson. (Exhibit 1, p. 37) This inventory contains the following notation in the upper right-hand corner:
[illegible]
13 May 71
JSG
(Exhibit 1, p. 37)
Clearly, this handwritten inventory and the handwritten laboratory notes that contain the results of examinations on the items listed in the inventory were composed by Glisson. This conclusion is based on the fact that (1) the handwritten inventory contains, among other things, the initials "JSG" in the upper right-hand corner, (2) Glisson's signature, along with the initials of her supervisor, Arthur Boyd Conners, appear on what appears to be a handwritten draft (Exhibit 1, p. 38) of what was later to become the typed CID laboratory report (which report was apparently turned over to the defense pretrial), numbered P-FA-D-C-FP-82-70-R25, in which the results of Kearns' May 6, 1971, request were supposedly compiled by Glisson and Conners, and (3) that these notes were included in the set of pages numbered 754-791 by the 'Army CID underneath the cover page marked with the initials "JSG". (Exhibit 1, p. 1; see also ¶ 10, supra)
22. Glisson's handwritten inventory noted the following items:
Rec'd in prop. sealed cb b.
Exb A =#E-324: one sm. white cardboard pillbox sealedĉ black tape & attached to MP prop tag cont.
head hairs taken from head & her hair
brush (of Helena Werle Stoeckley)Exb B =#E-325: one sm. film cannister cont. hairlike sealed (stapled) plastic bag cont.
hairs from nightgown of Kimberly
MacDonald.
Exb A =#E-324:many (>20) long med. brownslightly curled.
end fragmented, light brown [diagram]
striated pigmentation ĉ frag medulla; diam
wider then changes to narrower diameter & med
brown ĉ no medulla, & more dotted pigment
granules change to gray black brown ĉ
granulor pigmentation toward rootall hairs have ≈ characteristics
Exb B =#E-325: clump of hairs ĉ some colorless, red &
blue & green fibers. some broken and some
long. - curly. lt med brown throughout ĉ frag
prominent medulla & striated pigmentation granules
along ĉ granules (salt and pepper) also one long
eccentric granule all hairs have ≈
characteristics.
(Exhibit 1, p. 37)
23. Glisson's handwritten laboratory notes indicate that the hair samples (designated as "A" and "B") that were provided by Kearns, were compared to laboratory exhibits "J" and "K'', which were the hairs found on the blue-handled and clear-handled hairbrushes, respectively. (Exhibit 1, pp. 34-36.) In these handwritten notes, Glisson wrote the following:
A & B + 1) K synthetic hair blond2) K"gray or blond
3) K black (dyed - deep red under scope)
4) K(b) too blond & striated for ≈ ĉ B
(Exhibit 1, p. 36)
Thus, the handwritten notes containing Glisson's results of Kearns' second request, made on May 6, 1971, confirm her earlier suspected findings that there were blond synthetic fibers on the clear-handled hairbrush ("K"/E-323). This positive identification thus appears to have removed the question mark following the earlier "synthetic?" designation. (See ¶ 15, supra.) Glisson's handwritten notes of her second examination were not disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons and Wendy P. Rouder, filed herewith.)
24. On or about May 21, 1971, Glisson drafted, and it appears that Conners approved, a one-page handwritten version of what was later to become CID typed laboratory report P-FA-D-C-FP-70-R25, dated May 25, 1971. (Exhibit 1, p. 38) This hand written draft makes no reference to Glisson's findings, on different occasions, of blond synthetic fibers among the hairs taken from the clear-handled hairbrush ("K"/E323).
25. On or about May 25, 1971, the information in Glisson's hand written draft was transferred word-for-word onto a typed CID laboratory report. This typewritten lab report, dated May 25, 1971 and numbered P-FA-D-C-FP-70-R25 was signed by both Janice S. Glisson and her superior, Arthur Boyd Conners. (Exhibit 8) This typed report, which made absolutely no reference to Glisson's findings of synthetic blond fibers among the hairs taken from the clear-handled hairbrush ("K"/E-323), was apparently disclosed to the defense prior to trial. (See Affidavit of Bernard L. Segal, filed herewith.)
26. On March 29, 1972, the Army CID issued a typed laboratory report numbered "FA-D-C-FP-82-70 (Consolidated)" in which it compiled the results of previous reports of examinations that had been performed by the CID's lab technicians and investigators. (Exhibit 9) This consolidated report, like the CID's April 20, 1971 (Exhibit 6) and May 25, 1971 (Exhibit 8) typed reports, all of which were apparently turned over to the defense pretrial, not only failed to mention the CID's findings of synthetic blond fibers on the clear-handled hairbrush ("K"/E-323), but also failed entirely to include any reference to either the blue or clear-handled hairbrushes themselves, or the debris found on them.
27. During Dr. MacDonald's trial in July and August of 1979, Janice Glisson was called by the government to testify as to blood testing results that she had compiled in the course of conducting examinations on blood samples taken from the MacDonald home and from other items, such as clothing and bedding. (Glisson's testimony begins at p. 3625 of the trial transcript.) Prosecutor Brian M. Murtagh qualified Glisson solely as an expert in blood testing and did not qualify her as an expert in hair identification, despite the fact that Glisson had conducted hair examinations in the case. (Exhibit 36, Tr. 3638) On direct examination, Murtagh did not ask Glisson a single question about her examinations of hairs taken from the MacDonald home. This was despite the fact that in a March 1, 1979 letter to Captain Ronald Phillips, Executive Officer of the Army Criminal Investigation Laboratory at Fort Gordon, Georgia, Murtagh had requested copies of all of the CID's laboratory examiners' notes prior to trial (Exhibit 10), and presumably reviewed Glisson's handwritten laboratory notes which indicated that she had found long blond synthetic hair-like fibers for which there was no known source.
GOVERNMENT LABORATORY FINDINGS INDICATING THE PRESENCE OF BLACK, GREEN, AND WHITE WOOL FIBERS ON THE BODY OF COLETTE MACDONALD AND ON THE WOODEN CLUB MURDER WEAPON
28. On December 14, 1978 -- just eight months prior to trial -- prosecutor Brian M. Murtagh wrote to Morris S. Clark, Assistant Section Chief of the FBI's Scientific Analysis Section Laboratory Division. (Exhibit 11) In this letter Murtagh referenced a December 5, 1978, meeting and requested that the FBI laboratory undertake the reexamination of certain exhibits containing items taken from the MacDonald home which had never been matched to any known source. On page one of his reexamination request, Murtagh stated:
A review of the initial CID Laboratory inventory of the vials containing the debris found at the crime scene is also consistent with this theory, however, many of the fibers have never been compared with known items from the crime scene. I suspect that many of these "unidentified" fibers were either transported into the north bedroom (or left there by Colette MacDonald, or transported from the north bedroom to the master bedroom by her body. [sic]
(Exhibit 11, p. 95)
Beginning on page four of his request, Murtagh indicated that he was particularly concerned about an unknown fiber (identified by the designations E-4 and Q-117) that had been found in one of Colette MacDonald's hands. Murtagh stated:
III. Special Agent Stombaugh's report dated November 5, 1974, reflects that "specimen Q-117 (E-4, from Colette MacDonald's hand) contained a single blue acrylic fiber. This fiber is dissimilar to the fibers composing the Q-12 pajama top and did not originate from that source."
I am greatly concerned that the source of this fiber be identified, however, I only have a hunch as to its origin.
(Emphasis added) (Exhibit 11, pp. 98-99)
29. Among Murtagh's many requests in his December 14,1978, letter to Clark was a request made concerning debris taken from the mouth area of Colette MacDonald (identified by the designations E-3 and Q-100). In his letter, Murtagh indicated that he was interested in identifying a pink single strand fiber that had been found in the debris taken from around Colette's mouth. Murtagh wrote:
Exhibit E-3 (Q-100) debris from mouth area of Colette MacDonald
(a) Pink single strand fiber with:(1) Pink pajamas (Colette's), D-209 (Q-8, Q-9)(2) Pink blanket, D-58NB (Q-112)(3) Pink powder puff, D-54NB(4) Red and white pajamas, D-212 (Q-4, Q-5)
(Exhibit 11, p. 98)
30. As detailed in the Affidavit of Ted L. Gunderson, filed herewith, Murtagh's request for reexaminations of the items listed in his December 14, 1978, letter (Exhibit 11) were carried out by Morris S. Clark, and FBI lab technicians James Frier and Kathy Bond [sic; Shirley Green]. Sometime between the December 14, 1978, request from Murtagh, and March 14, 1979, Clark, Frier, and Bond examined the items contained in the exhibits listed in Murtagh's reexamination request.
31. Prior to their examinations, Kathy Bond compiled a handwritten inventory of all of the items listed in Murtagh's December 14, 1978 request by cataloguing the items found in each exhibit in numerical order. (Exhibit 12, pp. 100 to 114) (See Affidavit of Ted L. Gunderson, filed herewith.)
32. In the course of cataloguing the items in each exhibit, Bond noted in her inventory that Murtagh had made a verbal request on January 4, 1979, for the FBI to examine the debris taken from the right bicep area of the pajama top Colette MacDonald had been wearing when she was murdered. (Exhibit 12, p. 105) The debris taken from this area of Colette's pajama top was designated as "Q-88".
33. Bond's handwritten inventory of the debris taken from the right bicep area of Colette MacDonald's pajama top (Q-88) noted the following:
Q88 evidence - zip lock bag w/(1) vial (empty) (PMS)
(2) 2 slides (L2082, PMS)1= human hair
1= 3 fibers (long green long blk shrt
gray/white)
(Exhibit 12, p. 105)
34. On the same page that Bond recorded Murtagh's verbal request to examine "Q-88", she inventoried the contents of the exhibit marked "Q-100" containing debris taken from the mouth area of Colette MacDonald. This examination was made pursuant to Murtagh's original request of December 14, 1978, in which he asked that the source of a pink fiber found in Q-100 be identified. (See ¶ 29, supra.) Bond's handwritten inventory of Q-100 noted the following:
Q100 Request:Compare w/a pink single strand fiber" Q4, Q5, Q8, Q9, Q112+ K29
Q100 evidence = vial only[vial mk'd Q100 PMS; lid mk'd: 59-70]
inside vial = slip paper w/[mother (illegible) mouth]
and folded round filter paper
w/ [hair originally 1 piece] containing:[#1]sm. particles of what appears to be dried blood[left in[paper
[illegible]
[blue]→(and 1 short yarn (1/8" long,lplyZ,blue)[illegible]
[pajama top](and fibers (2 long purple-blk + fragments)
| all mounted on 1 slide
(Exhibit 12, p. 105)
35. On or about January 11, 1979, a typed FBI laboratory worksheet with the notation "Recorded, 1/11/79, jmc*" was transmitted to the attention of Brian M. Murtagh at the Department of Justice. (Exhibit 13) This worksheet contained a list of laboratory specimens previously examined by the FBI that were to be subjected to Murtagh's requested examinations, and included listings of both Q-88 (debris from the bicep area of Colette MacDonald's pajama top) and Q-100 (debris removed from the mouth area of Colette MacDonald).
36. On February 9, 1979, Bond was contacted by Brian Murtagh, as reflected in a hand written page of her notes. (Exhibit 12, p. 108) Bond's handwritten notations indicate, that Murtagh requested the following:
90103084 s RRPer Murtagh on 2/9/79
(2:00 - 5:15 PM, Rm 3931M)
Examine additional evidence:Q89 (Vial, pbx, slide - PMS)
Q92 (Vial, slide - PMS)Q-128: Their slide "E-5 fibers" (w/#13 vial)[from left hand of Colette][Note: Yarn in Q100 prev. like blue PJ top]
(Exhibit 12, p. 108)
It should be noted here that during this conversation with Murtagh, Bond made the notation "Yarn in Q100 prev. like blue PJ top," which leads me to conclude that a yarn taken from the debris around the mouth of Colette MacDonald was found by Bond to have been previously misidentified as being similar to the yarns from Dr. MacDonald's blue pajama top.
37. Bond's handwritten inventory of the debris taken from the wooden club murder weapon (Q89) noted the following:
Q89 = Vial + pillbox (PMS) + slide (PMS) in zip lock bag
(1) Vial contains some fibers [+ sm.torn frag.(illeg.)][+ what appears to be sm.pc. dried blood][+ tiny woodlike frag.](left as is)→ (2) Pillbox contains 2 short pc's sew thr (likeblue PJ top)(3) Slide has sev. fibersQ89 Additional slide made of fibers removed from vial
(Exhibit 12, p. 109)
38. After Bond completed her handwritten inventory of the items in each exhibit that Murtagh had requested be reexamined, FBI lab technician James Frier conducted examinations in an attempt to identify the items that Bond had listed in her inventories of Q88, Q89, and Q100. (See Affidavit of Ted L. Gunderson.)
39. During the course of his examinations, Frier created and compiled handwritten laboratory notes indicating the results of each examination. (Exhibit 14, pp. 121-128) (See Affidavit of Ted L. Gunderson.) Frier's handwritten laboratory notes indicate that he found black, green, and white woolen fibers -- the sources of which he could not identify -- in the debris taken from the right bicep area of Colette MacDonald, the mouth area of Colette MacDonald, and the wooden club murder weapon.
40. In compiling the results of his examinations of Q88, Q89, and Q100, Frier made the following handwritten notations:
Q-88--1 -- blk woolen fs -- source?1 green--[illeqible]Rayon = K 301 white woolen f -- NSFCfragmented
(Exhibit 14, p. 124)
***
Q-892 blk woolen fs -- ‡ any1 green woolen f‡ any
ID2 green [illegible] f - = K 303 blue"= K 301 gold [illegible] f - = K 30- all Rayonnum. white cotton fs - NSFCsev animal fur hrs - unable to ID
(Exhibit 14, p. 124)
***
Q-100 -- 1 slide2 blk woolen fs -- source?num blue cotton & poly fs --[illegible]no possible fibers to compare
(Exhibit 14, p. 125)
Thus, Frier found a total of five black wool fibers, one green wool fiber, and one white wool fiber, on the body of Colette and the wooden club, which he was unable to match to any known source. These handwritten lab notes, documenting Frier's findings of black, green, and white wool fibers, were never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Sara A. Simmons and Wendy P. Rouder, filed herewith.)
41. The results of Frier's, Clark's, and Bond's examinations were compiled in a four page type written FBI laboratory report, dated March 14, 1979. This report, numbered "90103084 S RR I2", was addressed to the attention of Brian M. Murtagh, Esq. at the Department of Justice. (Exhibit 15) There is also a handwritten notation on the first page of the report: "Original and cc picked up by B.M. Murtagh on 3-15-79". This unsigned typed Frier report, which was picked up personally by Murtagh, was never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Sara A. Simmons and Wendy P. Rouder, filed herewith.) This typed report did not make any references to the FBI's findings of unmatchable black, green, or white wool fibers found in (1) the debris taken from the right bicep area of Colette MacDonald's pajama top, (2) the debris taken from around Colette MacDonald's mouth area, and (3) the debris taken from the wooden club murder weapon.
42. During Dr. MacDonald's trial in 1979, neither James Frier, Kathy Bond, nor Morris Clark were called by the government to testify as to what they had found during the course of their reexaminations of the evidence conducted pursuant to the directions of Murtagh in late 1978 and early 1979. Frier's name was on the government's pretrial witness lists. (Exhibit 16, pp. 139, 145, and 148) However, Frier was never actually called by the government to testify about his laboratory reexaminations of the evidence and his findings of black, green, and white wool fibers, which he could not match to any known source.
43. Instead of calling Frier to the stand, prosecutor Brian M. Murtagh represented to the defense and to the Court that if Frier were called to the stand, Frier would testify that he had examined the contents of a vial containing the debris taken from the wooden club; that he had compared single strand fibers found in the vial with the multicolored throw rug that was found at the feet of Colette MacDonald; and that the fibers "removed from the piece of wood microscopically matched the fibers composing the composition of the multicolored throw rug, and in his opinion, they could have a common source." (Exhibit 17; pp. 155-158; Trial Tr. at pp. 4610-4613; See also, Affidavit of Bernard L. Segal, filed herewith.)
44. The basis for the Frier stipulation is reflected in Frier's handwritten findings outlined in ¶ 40, supra, in which he noted that during his examination of the debris found on the wooden club (Q-89), he found six fibers (green, blue, and gold) that he believed came from exhibit "K30" the multicolored throw rug that was found at the feet of Colette MacDonald in the master bedroom.
45. The government also called CID laboratory technician Dillard O. Browning to testify at trial about fibers found on the club. Browning testified that in examining the "vial" of debris taken from the club, he found only two fibers altogether, and that these two fibers were blue cotton fibers which, in his opinion, had come from Dr. MacDonald's blue pajama top. No mention was made by Browning of Frier's findings of black, green, and white unmatched wool fibers found on the club. (Exhibit 18, pp. 159-160; Trial Tr. at pp. 3877-3878)
GOVERNMENT LABORATORY FINDINGS INDICATING THE PRESENCE OF UNMATCHED FIBERS FOUND UNDERNEATH THE BODY OF COLETTE MACDONALD
46. On March 20, 1970, the CID examined fibers and debris (designated by the CID as Exhibit E-303) that were taken from under the trunk and legs of Colette MacDonald in the master bedroom, as evidenced by a handwritten set of laboratory bench notes. (Exhibit 19) These handwritten notes have the following notation in the upper right-hand corner:
20 March 70
DOB
Hairs & Fibers
- Woods -
(Exhibit 19)
I conclude that these handwritten notes were created and compiled by CID laboratory technician Dillard 0. Browning, based on the fact that the initials "DOB" appear in the upper right-hand corner.
47. In examining the debris taken from under the trunk of Colette MacDonald, Browning noted the following:
Exhibit E-303 - Fiber and debris from under
the trunk and legs of Colette MacDonald in
MBR - Vial contained numerous purple multi
divstrand cotton fibers similar to the purple
multi strand thread used to sew the seams of
Exhibit D-210 [Dr. MacDonald's blue pajama
top]. also several blue cotton/polyester
multi strand fibers identical to the
cotton/polyester material of Exhibit D-210* -
One long green/brown cotton fiber,
bloodstained - One human pubic or body hair,
no comparison due to a lack of knowns . . . .
(Exhibit 19, pp. 161-162)
Thus, Browning identified at least one fiber, for which he was unable to determine the source. These handwritten notes were never disclosed prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons, Wendy P. Rouder, James F. Douthat and Dennis H. Eisman, filed herewith.)
48. Sometime after April 17, 1970, the CID issued a typewritten report numbered FA-D-P-C-FP-82-70-R thru R-4. (Exhibit 20) In this typewritten report, which was signed by Dillard Browning, the CID reported the following results of its examination of the debris found under Colette MacDonald (E-303):
Examination of Exhibit . . . E-303 revealed the
presence of fibers identical in type, color,
dernier, twist, and all other physical
characteristics to the fibers of the pajama
jacket, Exhibit D-210.
It is the opinion of the examiner that the
fibers present in Exhibit . . . E-303 could
have originated from Exhibit D-210.
(Exhibit 20, p. 167)
These same findings were reported in the CID's consolidated type written report, numbered P-FA-D-C-FP-82-70 (Consolidated), that was issued by the CID on March 29, 1972. (Exhibit 9, p. 80) Both of the above-mentioned typed CID reports were apparently disclosed to the defense prior to trial. (See Affidavit of Bernard L. Segal, filed herewith.) In both cases, the CID omitted any reference to having found (as reflected in Browning's lab notes) fibers underneath the body of Colette MacDonald, which could not have originated from Dr. MacDonald's blue pajama jacket (D-210), such as the "green/brown cotton fiber."
49. Handwritten laboratory notes provided by former FBI lab technician Paul M. Stombaugh to Anthony P. Bisceglie, Esq., in January of 1990, indicate that the FBI also examined the debris that was found underneath the body of Colette MacDonald (designated by the FBI as Q-79) and discovered the presence of three fibers that did not have the blue pajama top (designated as Q-12 by the FBI) as their source. (Exhibit 21, pp. 170-171) (See Affidavit of Anthony P. Bisceglie, filed herewith.) The FBI's handwritten notes, labeled "L2082" in the right-hand corner, contain the following notations concerning the debris found underneath Colette MacDonald's body (Q-79):
Q79 (Vial in plast bag]1 HAIR -- 1 slide(vial empty)
For. F's -- 1"
sev. pcs sew thr + yrns -- 1 pillbox
9 wood frags -- 1 pillbox
2 pcs yel tiss paper + chip (pos. nut) -
- 1 pillbox
(Exhibit 21, p.170)
***
Q79 3 pcs 1ply z, polyest/cotton yns - like Q12 fabric yns(appear most like WARP]sev. pcs (at least 15) purple cot. sew thr like in Q12
2 pcs 3 plyz brown cot sew thr) not like[illegible]1 pc 1 plyz (blue-black F's + green F's - blend) yarn) in Q12
(Exhibit 21, p. 171)
These handwritten laboratory notes were never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons and Wendy P. Rouder, filed herewith.)
50. On October 17, 1974, the FBI issued a laboratory report indicating that "blue yarns like those composing the fabric of [the blue pajama top] Q12 were found in specimen[ ]Q79 (3 pieces) . . . " and that "[p]urple cotton sewing threads like that used in the construction of (the blue pajama top] Q12 were found in specimen[ ] . . . Q79 (15 pieces)." (Exhibit 22, p. 179) The report concluded that "the above-described yarns and sewing threads could have originated from the torn areas of the Q12 pajama top." This report, a copy of which was apparently provided to the defense prior to trial, omitted the FBI's findings of the three fibers that did not match the fibers from the blue pajama top. (See Affidavit of Bernard L. Segal, filed herewith.)
GOVERNMENT LABORATORY FINDINGS INDICATING THE PRESENCE OF UNMATCHED HAIRS AND SKIN IN THE BEDDING OF THE VICTIMS.
51. In addition to reviewing the materials discussed above, I have also reviewed many other handwritten laboratory notes (disclosed to the defense post-trial under FOIA) created and compiled by the CID and the FBI, which demonstrate that the government's laboratory technicians discovered the presence of human hairs and a skin fragment for which there were no known sources within the MacDonald home. In each instance, the findings of these hairs and the skin were omitted from the typed laboratory reports that were apparently turned over to the defense prior to trial. While this affidavit does not undertake to document all of the instances in which unmatched hairs were omitted from the final CID and FBI type written laboratory reports, the following paragraphs (152-162) are illustrative examples of such instances.
a. Laboratory findings of skin tissue and unmatched hairs in the blue sheet found on the floor of the master bedroom.
52. In a set of handwritten laboratory notes, dated March 4, 1970, concerning an examination by the Army CID of a sheet found on the floor of the master bedroom (designated by the CID as E-211), CID lab technician Dillard Browning entered the following notation:
Exhibit CSC (E-) #211Blue sheet removed
from the floor of master bedroom (Debris
from).Vial contains one human pubic or body
animal hair, bloodstained - One clump of
clear or pale pink nylon fiber,
bloodstained - one piece of what appears to
be skin tissue - one piece of a rubber
surgeons glove, bloodstained.
(Exhibit 23)
These handwritten lab notes were never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons, Wendy P. Rouder, James F. Douthat and Dennis H. Eisman, filed herewith.)
53. In a second set of handwritten laboratory notes dated March 10, 1970, Browning, as indicated by the initials "DOB" in the top right-hand corner (Exhibit 24) conducted another examination of the debris taken from the blue sheet (the blue sheet itself having been designated by the CID as exhibit D-211), which document the presence of a pubic hair within the exhibit, noting as follows:
Exhibit CSC #D 211 - Blue sheet removed from
floor of master bedroom. (Debris from)
One medium brown pubic or body hair
No comparison made due to lack of
knowns or controls.
(Exhibit 24)
Browning's handwritten notes concerning his examination of the debris from the blue sheet in the master bedroom were never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons, Wendy P. Rouder, James F. Douthat and Dennis H. Eisman, filed herewith.)
54. On September 4, 1970, the CID issued a typewritten laboratory report entitled "Addendum to Laboratory Report P-FA-D-C-FP-82-70". (Exhibit 25) This report referenced the debris found on the blue sheet removed from the master bedroom (CID exhibit E-211) and noted that the CID had determined that it "contained several pink nylon fibers and one (1) animal hair." (Exhibit 25, p. 183) The report omitted any reference to Browning's discovery of a possible piece of skin tissue, or a possible human pubic or body hair found within the debris taken from the sheet (see ¶¶ 52 and 53, supra). The CID's Consolidated Laboratory Report of March 29, 1972, not only omitted any reference to the possible piece of skin tissue and possible human body hair, but it stated that the examination of E-211 "did not reveal any data of significance or relevance." (Exhibit 9, p. 81, par.49)
55. On December 14, 1978, prosecutor Brian M. Murtagh requested the FBI laboratory to compare the animal hair found in the debris taken from the blue bedspread found in the master bedroom (E-211) with "known horse" and "known cat" hair samples. (Exhibit 11, p. 98)
56. The FBI's laboratory notes compiled by James Frier indicate that the hair that was previously identified by Browning as being "animal hair" was actually human hair. Frier's notes contain the following notation:
Q125-hair - human, [unreadable copy]NSFC - [unreadable copy]not animal
(Exhibit 14, p. 126)
57. In the typewritten unsigned FBI laboratory report, dated March 14, 1979, the only reference to Frier's reexamination of the hair in E-211 was "no animal hairs which could be associated with horse or cat were found." (Exhibit 15, p. 131) The report omitted any reference to his discovery of an unmatched human hair in the blue sheet found in the master bedroom (E-211). Neither Frier's handwritten laboratory notes, nor the March 14, 1979, FBI typed report, were disclosed to the defense prior to, nor during, the trial of Dr. MacDonald's case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Sara A. Simmons and Wendy P. Rouder, filed herewith.)
b. Unmatched hairs found in the bedding of the victims.
58. In the bedding of Kimberly MacDonald, who was found in the South Bedroom at 544 Castle Drive, Browning found, as shown by his handwritten laboratory notes, an unidentified human hair which was left out of the typed report turned over to the defense. Browning's handwritten laboratory notes of March 4, 1970, as exhibited by the initials "DOB" in the upper right-hand corner of the page, indicate the following findings:
Exhibit CSC-E·#124 - Debris from purple, pink
and green quilt from South bedroom.
Vial contains one short human hair - two animal
hairs and several clear, purple and black single
strand nylon fibers - no blood stains visible
(Exhibit 26, P. 185)
Browning's handwritten notes of March 10, 1970, as exhibited by the initials "DOB" in the upper right-hand corner, contain similar notations:
Exhibit CSC-E-124 - Debris removed from purple,
pink and green quilt in south bedroom. (One
medium brown pubic or body hair.) One animal
hair. No comparisons made due to a lack of
controls.
(Exhibit 27, p. 186)
These handwritten lab notes were never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons, Wendy P. Rouder, James F. Douthat and Dennis H. Eisman, filed herewith.)
59. The CID Consolidated Report, dated March 29, 1972, (Exhibit 9) mentions CID Exhibit E-124 twice. The first reference states:
49. Appropriate examinations of . . . E-124 . . .
were performed. These examinations did not reveal
any data of significance or relevance.
(Exhibit 9, p. 81)
The second reference in the CID Consolidated Report states:
62e. Exhibit E-124 contained one (1) animal hair
and several fibers from the purple green and pink
quilt in the south bedroom. No bloodstains were
present."
(Exhibit 9, p. 83)
60. In addition to the findings of unmatched hairs in the bedding of Kimberly MacDonald, CID handwritten laboratory notes indicate the existence of human pubic body hair in the bedding of Kristen MacDonald, who was found in her bed in the north bedroom of the apartment. Dillard Browning's March 4 1970, handwritten notes indicate the presence of this pubic hair within the debris taken from the bedding of Kristen:
Exhibit WFR -E· 52NB - Hairs and fibers from
the bedspread on the bed in north bedroom.
Vial contains One blue polyester/cotton
fiber*identical to the material of the paiama
top and one dark purple cotton multi fiber
strand identical to the purple thread used to
sew the seams of the pajama top One clump of
pink nylon fibers and one clump of pale blue
nylon fibers - one clump of multi colored
fibers. Several white to brown animal hair.
One medium brown pubic or body hair - Several
clear nylon fibers - One small piece of white
spongy substance - Several grass or hay
fragments.
*This fiber was bloodstained
(Exhibit 28)
61. In a later set of handwritten notes dated March 10, 1970, Browning again analyzed the debris taken from the bedspread in Kristen's room. Browning findings on this date were as follows:
Exhibit CSCE· 52NB - One pubic or body hair -
Not bloodstained - no comparison made due to
lack of knowns or controls.
(Exhibit 29)
62. On yet another set of notes, bearing the code "P-D-FA-C-FP-82-70-R14" at the top of the page, and dated "1 Sept," Browning noted the following:
Exhibit E-52NB - One pubic hair - The hair is
slightly different in color, but grossly different
in scale structure. The scales are much more
pronounced and larger than the known pubic hair of
Capt. MacDonald - Medulla canal very irregular -
did not originate from common source with known
hair above. Washed in Xylene and returned to
vial. [emphasis added]
(Exhibit 30)
None of the handwritten notes discussed in 11 60-62 were disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons, Wendy P. Rouder, James F. Douthat and Dennis H. Eisman, filed herewith.)
63. In a September 11, 1970, typewritten CID laboratory report, entitled "P-D-FA-C-FP-82-70-R14," the CID supposedly compiled the results of Browning's examinations of the debris taken from the bedspread from Kristen MacDonald's bedroom. (Exhibit 31) This report failed to reference Browning's discovery of the presence of an unmatchable pubic hair in the bedspread of Kristen MacDonald. The type written report merely stated:
5. Examination of Exhibit[] . . . E-52NB. . .
did not reveal the presence of any hair
grossly similar to the known hairs of
exhibits E-305 through E-313 [samples taken
from Jeffrey R. MacDonald].
(Exhibit 31, p. 193)
The CID's Consolidated Laboratory Report of March 29, 1972, also failed to mention the presence of this unmatchable pubic hair, and contained the same exact reference to the debris found in the bedspread of Kristen as was in the September 11, 1970 type written report. (Exhibit 9, p. 82)
64. In addition to the CID's examinations of the debris taken from the bedspread of Kristen MacDonald, the FBI laboratory also examined this debris. In his December 14, 1978 letter to Clark, Murtagh requested that the FBI examine nylon fibers found within this exhibit. (Exhibit 11, p. 95) Bond's handwritten inventory of the debris taken from the bedspread (designated as Exhibit Q87) indicate the presence of a human hair:
Q87 Evidence - zip lock bag w/[left in pbx]->(2) Pillbox (L2082, PMS, "Thr + Yn")(1) Vial w/[illegible copy] matter pc
white plastic foam (PGC, MSC)
[illegible](3) 2 slides ( " " )1=1 human hair; 1=4 tufts offibers. . .
[emphasis added]
(Exhibit 12)
Frier's examinations of the debris make no reference to this human hair, (Exhibit 14) nor does the typed FBI laboratory report of March 14, 1979 (Exhibit 15), in which the results of Frier's examinations were supposedly compiled. Bond's handwritten inventory notes concerning exhibit Q-87 were never disclosed to the defense prior to, nor during, the 1979 trial of this case. (See Affidavits of Bernard L. Segal, Wade M. Smith, John I. Thornton, Michael J. Malley, Sara A. Simmons and Wendy P. Rouder, filed herewith.)
65. In conclusion, at no point in time during the trial was the defense informed that: (1) Janice Glisson had discovered the presence of long blond synthetic hairs on the clear-handled hairbrush taken from the MacDonald home; (2) James Frier had found black, green, and white wool fibers, for which he could find no known source within the MacDonald household, and that these fibers were found within the debris taken from the body of Colette MacDonald, and from the wooden club murder weapon; (3) that the CID and FBI had found fibers underneath the body of Colette MacDonald for which there was no known source; and, (4) that there were numerous unmatched human hairs, as well as a piece of human skin, found in the bedding of the victims and in other locations within the MacDonald home. (See Affidavits of Bernard L. Segal, Wade M. Smith, John 1. Thornton, Michael J. Malley, Orrin L. Grover, Sara A. Simmons, Wendy P. Rouder, James F. Douthat, and Dennis H. Eisman filed herewith.)
66. In addition to reviewing the FOIA materials released to Dr. MacDonald post-trial that are referenced in ¶¶ 4-65, supra, I have also reviewed additional FOIA documents released to Dr. MacDonald post-trial which demonstrate that one of the prosecutors was extremely concerned about the government laboratory technicians' findings of unmatched fibers, hairs and other items taken from the crime scene and the repeated attempts by the defense to gain access to the handwritten laboratory bench notes which documented these findings. In addition these documents indicate that the prosecution was clearly concerned about the strength of its circumstantial case. These documents consist of the following:
(a) A June 26, 1973, prosecution memorandum compiled by U.S. Attorney for the Eastern District of North Carolina Thomas P. McNamara, to Carl W. Belcher of the Criminal Division at the Department of Justice in which he set forth the strengths and weaknesses of the prosecution's case, and stated that unidentified hairs found in Colette MacDonald's right hand would "aid the defense." (Exhibit 32, p. 241)
(b) A pretrial memorandum written by then law clerk Jeffrey S. Puretz for Brian M. Murtagh, concerning, among other things, a prosecutor's duty to reveal "the detailed data of a lab report, as distinguished from the conclusions of the report." (Exhibit 33, p. 246) (See also, Affidavits of Anthony P. Bisceglie and Fred H. Bost, filed herewith.)
(c) FBI reports showing that, on June 7, 1979, approximately one month prior to trial, Brian Murtagh personally entered the crime scene at 544 Castle Drive. There, the documents show, he found a blue sleeveless sweater in the master bedroom, had it removed, and requested that the FBI determine what material it was made from. (Exhibit 34, pp. 261-262) A handwritten page of laboratory notes, marked at the top "Notes -- 90615002" (Exhibit 34, p. 264) say that the sweater is "composed of [illegible] blue & white wool." The typewritten report returned June 28, 1979, and bearing the heading "Lab No. 90615002 S RR," which indicates that it was compiled by technicians Bond and Frier (See Affidavit of Ted L. Gunderson; see also ¶ 30, supra), says the examination results were that "The Q130 sweater is composed of wool." (Exhibit 34, p. 266)
(d) A June 10, 1981 letter from Brian M. Murtagh to Special Agent Walter Scheuplein of the FBI FOIA office in which Mr. Murtagh noted that he anticipated a motion for a new trial and asked that "all requests under FOIA be denied pursuant to subsection b(7)A of the statute pending final resolution of this litigation." (Exhibit 35)
(e) A December 21, 1973 letter from Assistant Attorney General Henry E. Petersen to Col. Albert Green, concluding "that the evidence currently available to the government would be insufficient to establish prima facie case; hence prosecution is not warranted at this time."(Exhibit 37)
/John J. Murphy/
John J. Murphy
Signed and sworn to before me this 16 day of October, 1990.
/[illegible]/
Notary Public
My commission expires June 6, 1997 .
Webmaster note:
The misspelling of Peterson (Henry E.) has been corrected to Petersen in this transcript.
Exhibit #1
Army CID Laboratory notes and related documents
| July 27, 1970: | Notes of Janice Glisson (CID Chemist) |
| Aug. 26, 1971: | Request for Laboratory Examination |
| Aug. 31, 1971: | Janice Glisson's response to Request for Laboratory Examination |
| Ca. Sept. 1971: | Notes and worksheets of Janice Glisson |
| May 6, 1971: | Request by Peter Kearns for Laboratory Examination re: hair samples |
| May 6-25, 1971: | Notes, worksheets and lab reports of Janice Glisson re: hair samples |
Exhibit #2
March 9, 1971:
Request by Peter Kearns (CID) for Laboratory Examination re: Candles, wax and hair samples
Exhibits #3 and #4
February 17, 1970:
Army crime scene photos
Exhibit #7
FBI Laboratory Reports
| Nov. 5, 1974: | Lab Report re: Colette MacDonald |
| Nov. 5, 1974: | FBI Lab Report re: Bedding Evidence |
| Nov. 5, 1974: | FBI Summary re: Laboratory findings |
Exhibit #10
March 1, 1979:
Letter from Brian Murtagh to Cpt. Phillips (USACIL)
re: Pre-trial preparation
Exhibit #11
December 14, 1978:
Letter from Brian Murtagh to Morris Clark (FBI) re: Request for Additional Microscopic Analysis and Photographic Support to Supplement Nov. 5, 1974 FBI Reports by Paul Stombaugh
Exhibit #12
ca. January - February, 1979:
Inventory of all items listed in Dec. 14, 1978 letter from Brian Murtagh to Morris Clark (FBI)
Exhibit #13
January 11, 1979:
FBI Lab Worksheets re: Dec. 14, 1978 letter from Brian Murtagh to Morris Clark (FBI)
Exhibit #14
ca. January to mid-March, 1979:
Notes of James Frier (FBI) re: Dec. 14, 1978 letter from Brian Murtagh to Morris Clark (FBI)
Exhibit #15
March 14, 1979:
FBI Lab Results re: Dec. 14, 1978 letter from Brian Murtagh to Morris Clark (FBI)
Exhibit #16
Government's Pre-Trial Witness Lists
| May 1979: | Government's Pre-Trial Witness List |
| July 12, 1979: | Government's Pre-Trial Master Witness List |
Exhibit #17
August 10, 1979:
Excerpt from trial re: stipulation of FBI Lab Technician James Frier's findings re: fibers from club and master bedroom throw rug
Exhibit #18
August 6, 1979:
Excerpt from trial testimony of Dillard Browning (CID) re: fibers from club and pajama top of Jeffrey MacDonald, showing no mention of FBI Lab Technician James Frier's findings of unmatched wool fibers found on the club
Exhibit #19
March 20, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-303 (fibers, debris and wood chips from under the trunk and legs of Colette MacDonald)
Exhibit #21
Notes of Paul Stombaugh re: FBI Exhibit Q-79 (a.k.a. CID Exhibit E-303: fibers, debris and wood chips from under trunk and legs of Colette MacDonald)
Exhibit #22
FBI Lab Reports
| Oct. 17, 1974: | Letter re: Conclusions conflicting with Jeffrey MacDonald's statements |
| Oct. 17, 1974: | FBI Report re: Evidence delivered |
Exhibit #23
March 4, 1970:
Notes of Dillard Browning (CID) re: Exhibit D-211 (sheet on floor of master bedroom)
Exhibit #24
March 10, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-211 (debris from sheet on floor of master bedroom)
Exhibit #26
March 4, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-124 (debris from purple, pink and green quilt from south bedroom)
Exhibit #27
March 10, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-124 (debris from purple, pink and green quilt from south bedroom)
Exhibit #28
March 4, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-52NB (hairs and fibers from bedspread on bed in north bedroom)
Exhibit #29
March 10, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-52NB (hairs and fibers from bedspread on bed in north bedroom)
Exhibit #30
September 1, 1970:
Notes of Dillard Browning (CID) re: Exhibit E-52NB (hairs and fibers from bedspread on bed in north bedroom)
Exhibit #31
September 11, 1970:
USACIL Report P-D-FA-C-FP-82-70-R14 re: Hair, fibers and debris
Exhibit #32
June 26, 1973:
Memorandum from Thomas McNamara (U.S. Attorney for the Eastern District of North Carolina) to Carl Belcher (DOJ Criminal Division), re: Strengths and Weaknesses of the Government's Case
Exhibit #33
Circa July 1979:
Pre-trial Memorandum from law clerk Jeffrey Puretz to Brian Murtagh, re: Prosecutor's Duty to Disclose Exculpatory Materials in the Fourth Circuit and Other Criminal Discovery Issues relating to U.S. v. MacDonald
Exhibit #34
FBI Files, notes and reports re: Blue sleeveless sweater in the master bedroom
Exhibit #35
June 10, 1981:
Letter from Brian Murtagh to Special Agent Walter Scheuplein (FBI FOIA Team) re: Denying FOIA Requests Concerning Jeffrey MacDonald or Helena Stoeckley
Exhibit #36
August 2, 1979:
Excerpt from trial testimony of Janice Glisson (CID) re: Murtagh offering Glisson as an expert in blood stain identification and typing
