Article 32 Hearing
Volume 6

July 14, 1970

Pamela Kalin (babysitter)

(The hearing reconvened at 0836 hours, 14 July 1970.)

COL ROCK:  The hearing will come to order.  Let the record reflect that the persons in attendance at the close of the hearing yesterday are present in the hearing room, with the exception of Lieutenant Malley for counsel for the accused, and Captain Thompson, counsel for the government.
     Prior to bringing in the government witness, are there any other matters to bring to the attention of this investigating officer?

MR. EISMAN:  At this time I'd like to make a request of the investigating officer, that we have a one-day continuance for the reason that I must return my family to Philadelphia and I have pressing legal business which cannot wait past Wednesday to conclude, after discussing the matter with my office in Philadelphia.  I would be prepared, if necessary, to return Wednesday night if we continue again on Thursday, if that request is granted.

COL ROCK:  The request is granted.

MR. EISMAN:  Thank you, sir.

COL ROCK:  Are there any other matters to be brought up at this time?

CPT SOMERS:  None by the government, your honor.

COL ROCK:  None by counsel --

MR. EISMAN:  None by counsel.

COL ROCK:  Will counsel for the government please proceed with the next witness?

CPT SOMERS:  The government calls Miss Pamela Kalin.

(Miss Pamela Kalin was called as a witness by the government, was sworn and testified as follows.)

Question by CPT SOMERS:
Q  Would you state your full name, please?
A  Pamela Lorraine Kalin.
Q  And what is your occupation?
A  Student.
Q  What is your residence?
A  542 Castle Drive.
Q  How long have you lived at 542 Castle Drive?
A  A year and a month.
Q  Can you tell us, is 542 Castle Drive immediately adjacent to 544 Castle Drive?
A  Yes, it is.
Q  Have you ever been in 544 Castle Drive?
A  Yes, I have.
Q  Did you know the MacDonald family that lived at 544 Castle Drive?
A  Yes.
Q  Can you describe for us, please, the relationship between your bedroom and the or the residence at 544 Castle Drive?
A  It is directly over their living room.
Q  Directly over the living room of 544 Castle Drive?
A  (The witness nodded in affirmative.)
Q  When you are in your room, can you hear conversations being carried on in a normal tone in the living room below?
A  Yes, if it's quiet.
Q  Can you tell us, please, what time did you go to bed on the 16th of February 1970?
A  About 10:30.
Q  Were you -- well, let me ask you this.  How did you sleep?
A  I didn't sleep very well.
Q  Were you awakened at any point during the evening?
A  Yes, I was.
Q  Would you describe for us what awakened you?
A  I was -- I believe it was Captain MacDonald and he was either sort of laughing or a sobbing cry.
Q  Was this in intensity at the level of a scream or was it at a level of normal conversation, or somewhere in between?
A  Somewhere in between.
Q  Did you hear at this time anything else?
A  No.
Q  Did you hear at this time or anytime close to this time -- any evidence of a scuffle, furniture being moved or screaming?
A  No, I did not.
Q  Well, what did you do when you were awakened?
A  I just woke up, heard the noise, and then I went back to sleep.
Q  Was it unusual for you to hear something from downstairs?
A  No, I'm used to hearing it.
Q  When were you next awakened?
A  At the banging of the MP's.
Q  When the MP's arrived?
A  Um-hum.

CPT SOMERS:  I have no further questions.

Questions by MR. EISMAN:
Q  Miss Kalin, after you heard the first sound, could you -- did you fall into a deeper sleep than you had before?  In other words, had you been sleeping lighter than you would have been later on in the night?
A  I don't remember.
Q  And are you awakened by all the sounds that come from the MacDonald household, or just occasionally?
A  Occasionally.
Q  Do you know approximately what time it was that you heard the laughing or sobbing?
A  No, I don't.
Q  Do you have any idea in relation to the time you heard the MP's at the door?
A  It was somewhere in between three and four.
Q  Did you hear any screaming that night?
A  Nope.
Q  Did you have occasion to visit the MacDonald household, inside the house?
A  Yes, I used to babysit.
Q  You used to babysit?
A  Um-hum.
Q  And on the times that you went there to babysit, did you have occasion at least at the time the MacDonalds were there, before they left, and after they returned, to observe their actions between themselves and the children?
A  Um-hum.
Q  Did you ever see the MacDonalds argue violently or abuse the children in any way?
A  No, I didn't.
Q  How would you describe the -- behavior of the children?
A  They were normal children.
Q  Were either of them any discipline problem for you as you were babysitting?
A  No.

CPT SOMERS:  I object to this line of questioning.  It is way outside the scope of direct.  If the counsel wants to use this witness for a character witness, I suggest he call her as his own witness.

CPT BEALE:  Your objection is overruled.  You may continue.

Q  Is there any incident -- first of all, from what you could observe of the MacDonalds, were they a -- normal happily married couple?
A  Um-hum.
Q  Did you ever see any evidence of any deep strife or problems between Mr. and Mrs. MacDonald, or between them and their children?
A  Nope.
Q  Is there anything you can recall that particularly sticks in your mind regarding Captain MacDonald and his children?  Any incidents?
A  Nope.
Q  Is there any incidents that you recall which would indicate to you that Captain MacDonald cared very deeply for his children?
A  Just like a normal father.
Q  In particular, did anything happen around Christmas that you recall, that sticks out in your mind, with regard to Captain MacDonald and his children at Christmas time?
A  I don't understand the question.
Q  Did Captain MacDonald do anything around Christmas time which you can recollect that was of particular interest of -- regarding his children?  Something out of the ordinary.
A  He was buying a pony for Kim.
Q  He was buying a pony for Kim?
A  Um-hum.
Q  How did you learn -- how did you learn this incident?  Was it from somebody, from Captain MacDonald or Mrs. MacDonald?
A  Captain MacDonald.
Q  He told you this fact?
A  Um-hum.
Q  And when did he tell you?
A  Sometime around Christmas.
Q  In reference to the house itself, how would you describe the -- the appearance of the house?
A  It was neat.
Q  Did you ever have occasion to see the pony?
A  Um-hum.
Q  When was that?
A  Sometime before Christmas, a day or two.

MR. EISMAN:  I have nothing further at this time.

CPT SOMERS:  No redirect.

COL ROCK:  Miss Kalin, how frequently did you babysit for the MacDonalds?

WITNESS:  Since I lived next door, it was often, a lot of times.

COL ROCK:  Well, now, often, that could mean many things.  Would you say once or twice a week?

WITNESS:  It might have been that.  It depends.

COL ROCK:  Well, I realize it depends on the situation.  Prior to the tragedy on the 17th of February, do you recall the last date, prior to the 17th of February -- that would be earlier than the 17th of February -- that you babysat for them?

WITNESS:  It might have been that Thursday, the past Thursday.

COL ROCK:  Do you recall whether you had occasion to use a hairbrush while in their house?  I want you to think very carefully on that question.  We all realize that young ladies brush their hair, and I wonder if, by any chance, you had, ever had occasion -- it is rather boring babysitting -- to sometimes brush your hair.

WITNESS:  I don't remember, but I could have.

COL ROCK:  The reason I am asking this is because certain evidence has been found in the house indicating some hair of an individual other than the persons living in the house, and I just thought that possibly since you had been in the house frequently, that you might have had occasion to brush your hair and it would be quite logical if your hair was found in the house.  So this is the only reason that I am asking the question.  And your answer is that you might have brushed your hair in the house?

(Witness nodded in the affirmative.)

COL ROCK:  Do you recall whether you have ever had occasion to be awakened by noises coming from the living room previously -- that is prior to the 17th of February -- were there other occasions when you may have been awakened?

WITNESS:  When they had company.

COL ROCK:  When they had company.  I have no further questions.  Does either counsel?

MR. EISMAN:  I have one further question.

Questions by MR. EISMAN:
Q  Do you dye your hair in any way, or was your hair lighter at the roots?
A  Um-hum, I did it about two years ago.
Q  But you haven't dyed it since two years ago?
A  No.

CPT SOMERS:  No questions.

COL ROCK:  No further questions by myself or counsel for the government.

CPT SOMERS:  Sir, I'd like to request that we permanently excuse this witness.

MR. EISMAN:  I have no objections.

COL ROCK:  Miss Kalin, you advised that you will discuss your testimony with no person other than either counsel for the accused or counsel for the government.  Do you understand this?

WITNESS:  Yes, I do.

COL ROCK:  You are permanently excused.  Thank you.