Article 32 Hearing
October 13, 1970
Investigating Officer Warren Rock's Report
|TAB I||INVESTIGATING OFFICER'S REPORT (DD FORM 457)|
OPENING STATEMENT AND EXPLANATORY REMARKS
REASONS FOR RECOMMENDATIONS
RATIONALE FOR RECOMMENDATION NUMBER ONE
ANALYSIS OF THE ACCUSED'S CASE
ANALYSIS OF THE GOVERNMENT'S CASE
RATIONALE FOR RECOMMENDATION NUMBER TWO
SUMMARY TESTIMONY OF WITNESSES
ARTICLE 32 OFFICER
VISIT TO 544 CASTLE DRIVE
INDEX OF EXHIBITS
OPENING STATEMENTS AND EXPLANATORY REMARKS
A verbatim transcript of the proceeding was taken and is included in this report in the order which witnesses have testified. However, because of its obvious length and because much of the transcript does not concern itself with the relevant questions of the truth of the allegations, a summarized version of pertinent testimony was made (TAB V). All references to page numbers refer to the verbatim transcript.
In view of the fact that both the government and defense were represented by counsel, the hearing was conducted in generally the same format as a trial. Government represented its evidence and rested, the defense did likewise and finally the Article 32 Officer called for witnesses and evidence. In all instances opposing counsel was given the full right of cross examination. It was necessary to give considerable latitude to counsel and permit the introduction of some hearsay-type evidence for both sides. The legal advisor sat next to the Investigating Officer throughout the hearing and his sole function was to assist him in making proper legal rulings on all questions that arose.
When it became apparent that there would be a large number of exhibits offered by both sides, a system of numbering exhibits was established as follows: Government exhibits are G-, defense exhibit A-, and my exhibits are R-. All other exhibits are numbered E- : e.g., the sworn testimony of the witnesses.
It was then necessary to devise a coding system to assist in understanding the results of the CID Laboratory Reports from Fort Gordon, Georgia. (See Exhibit E-59). Thereafter, these symbols were transferred to the Lab Reports and placed to the left of the particular exhibit. It is important not to confuse the IO's exhibit numbers (G, A, R, and E) with the exhibit number used by the Lab. The meaning of their particular numbering and lettering system is explained in the Prefix Key (Exhibit G-27). Diagrams are provided of each room of the house (G-20 thru G-25) showing the approximate location of certain blood samples and the blood types when identified. Expanded diagrams of the floors, walls and ceilings (G-87 thru G-96) show additional blood locations and, in red ink, the location of identified/unidentified latent finger and palm prints.
For purposes of this report bedrooms are referred to by compass direction. The east bedroom is the same as the master bedroom (where Colette and the accused were found), the south bedroom was the same as the front bedroom (where Kimberly was found) and the north bedroom the same as the rear bedroom (where Kristen was found).
Throughout the transcript and summarized testimony there are references to blood types. It is important to remember that the blood types for the MacDonald family are as follows: Colette - "A", the accused - "B", Kristen, the youngest daughter - "O", and Kimberly, the oldest daughter - "AB."
When one reads the verbatim transcript, there are, in many instances, many pages devoted to a seemlying important issue. Thereafter, in the summarized testimony there is no mention made. It is essential to understand that because of the bizarre nature of the case, the Article 32 Investigator sometimes proceeded down blind alleys resulting in answers which, in the final analysis, were neither relevant nor necessary to his recommendation. Therefore, such areas of inquiry are excluded from specialized treatment in the end product.
It is suggested that the reviewer read the verbatim transcripts of testimony of the accused, pages M-1 - M-160 Volume XIII); the two psychiatrists, Dr. Sadoff, pages 1234 - 1269 (Volume XI), and LTC Bailey, pages 1557 - 1599 Volume XV); Mr. Posey, pages 1297 -1342 (Volume XII); and Mr. Ivory's testimony reference Stoeckley, pages 1508 -1556 (Volume XIV).
The chronology of the hearing was as follows:
15 May 70 - Hearing held, delay granted until 1 June 70; further delays granted to defense until 6 July 70.
6 July - 24 July - Hearing held. Government completed case; defense granted delay until 10 August 70.
10 August - 15 August 70 - Hearing held.
15 August - 8 September 70 - Delay for mental hygiene evaluation of accused at Walter Reed General Hospital, Washington, D. C.
8 September - 11 September - Hearing held.
12 September -13 October 70 - Preparation of Report of Article 32 Proceedings.
In the interest of military justice and discipline, it is mended that:
(1) All charges and specifications against Captain Jeffrey R. MacDonald be dismissed because the matters set forth in all charges and specifications are not true. There are no lesser charges and/or specifications which are appropriate.
(2) That appropriate civilian authorities be requested to investigate the alibi of Helena Stoeckley, Fayetteville, North Carolina, reference her activities and whereabouts during the early morning hours of 17 February 1970, based on evidence presented during the hearing.
REASONING FOR RECOMMENDATIONS
A. Rationale for Recommendation Number One
(General) The rationale for recommendation number one is based on two major lines of inquiry; first on analysis of the sworn testimony of the accused and evidence to support his version of the events on the night of 16 - 17 February and, secondly, an analysis of the government's evidence to refute his statements and testimony. A careful examination was made of the government's charges and its theory of how the crimes were committed as enunciated in the closing argument.
B. Analysis of the Accused's Case
In summary the accused states that four (or possibly more) unidentified assailants attacked him when he awoke on the couch in the living room of his apartment to the sounds of screaming by his wife (Colette) and cries for help from both Colette and the oldest daughter (Kimberly). During a short lived struggle with the assailants he received numerous blows, the most significant being a hit on the head and a hard punch (knife wound) to the chest. He fell into the hallway and apparently was unconscious for an unknown period of time. Upon regaining consciousness he attempted, on several occasions, to resuscitate the members of his family and telephoned for assistance.
C. The following is a list of evidentiary factors supportive of the accused
(1) The accused was subjected to two separate psychiatric evaluations: the first sponsored by counsel for the accused and the second, at the request of the Investigating Officer, by a team of three Army psychiatrists at Walter Reed General Hospital. Although there is a four month time span between the two evaluations, there is a striking similarity in the conclusions. Basically they believe he is now sane and was sane on 16 -17- February and is experiencing a normal reactive depression following the event.
Both feel that the accused was not trying to hide any facts from them and, had he been, they would have been able to detect it. They were favorably impressed that he could not remember all details and that he freely admitted this fact.
The psychiatrists also state that it is unusual to be asked, as the Investigating Officer did, if an accused is "capable" of committing a certain act. The only major area of disagreement arose in answering this question. The accused's psychiatrist, who specializes in forensic psychiatry, stated the accused was not capable of committing the crimes and would have become psychotic if he had; the Army psychiatrists did not think this question could be answered by a psychiatrist.
(2) A significantly large number of character witnesses testified in behalf of the accused. The testimony covers a life span from age 12, through high school, college, medical school, internship and military service. They testify to his qualities in what can be described as "The All American Boy." In those instances where it was appropriate to comment upon his marital and family relationships it was in terms of a loving husband and father.
(3) The accused, prior to the time he was formally charged with the murders, was willing to answer questions freely. On 17, 18 and 19 February he gave interviews to FBI and CID agents and on 6 April he answered questions in two lengthy sessions with three CID agents. Finally he provided sworn testimony at the hearing itself which was subjected to extensive cross examination by the government.
(4) Five of the six doctors who testified stated that the accused could not predict the medical consequences of the stab wound in his chest if it was self-inflicted. The accused sustained a 40% pneumothorax (partial lung collapse). All agreed that the location of the wound was such that other vital organs could have been damaged with a greater life threatening potential.
(5) The accused's statements from 17 February to his sworn Article 32 testimony, relative to the events of 16 - 17 February have been substantially the same in all important aspects. Explanation for any discrepancies are logical based on the testimony of the psychiatric experts, the time factor, his natural attempt to forget the horrible sights of 17 February, normal human failure to remember routine actions and the confusion following the blow to his head.
(6) There is, generally speaking, a logical explanation for the location of blood types where found.
(7) After listening to the lengthy testimony of the accused in the hearing room and closely observing his actions and manner of answering questions it is the opinion of the Investigating Officer that he was telling the truth.
(8) Medical laboratory tests conducted on specimens from Colette MacDonald and the accused revealed no use of narcotics or habit forming drugs nor was either individual intoxicated on 16 - 17 February 1970.
(9) There is conflicting evidence as to the degree the crime scene was preserved from the time the first MP arrived on the crime scene and until photographs were taken some minutes later. The controversy specifically relates to the fact of whether or not the white towel and blue pajama top were on Colette's body when first seen by the MPs, the location of the handset of the telephone in the east bedroom, the relocation of the white flower pot holder in the living room by some unknown individual and the number (12 to 14) of military police, CID agents, and medical personnel initially in the apartment and their movements through the rooms with the chance of inadvertently altering the crime scene.
(10) A significant number of fingerprints taken from the apartment remain unidentified.
(11) Only one of the four weapons alleged to have been used in the commission of the crime (a stick/club) can be identified as coming from the accused's residence.
(12) During the course of the hearing CID Agents Ivory and Shaw testified that they had kicked, pushed and/or knocked over the coffee table in the living room and it did not come to rest on its edge. On the Investigating Officer's second visit to the MacDonald apartment he knocked over the coffee table in the living room. The table struck the adjacent chair and landed on its edge.
(13) Considering all known facts about the life and previous history of the accused up to and including 17 February no logical motive was established for the accused to have committed such brutal murders, either singly or in any combination.
(14) Because of the manner in which the victims were murdered it is reasonable to conclude that the crimes were committed by persons who were either insane or under the influence of drugs or narcotics. The accused testified to treating addicts in the emergency rooms of Womack Army Hospital and in two local civilian hospitals. Witnesses testified that the unit chaplain said, at a drug lecture, that a doctor-patient conversation is not privileged. Following this lecture there was a noticeable drop in the number of soldiers seeking appointments with the accused in his capacity as medical drug counsel and he was reportedly considered as a "fink."
(15) A flowered jewelry box located on Colette's dresser in the east bedroom had reddish brown stains inside and one latent fingerprint and one latent palm print, both unidentified. Apparently two of the several rings requested by the accused have not been located and it is possible that assailants searched this box for valuables.
(16) Wax from a multi-colored candle not from the accused's residence was found on the bed spread and a chair in the south bedroom and also on the coffee table in the living room. This wax could be from a candle used by the female assailant.
(17) The autopsy report on the body of Colette shows that blond hair was found in her right hand. Major Gammel, the pathologist who conducted the autopsy, testified that this hair was four to five inches in length. To date this hair has not been identified.
(18) One witness (Posey) observed a girl Stoeckley coming home in a car with at least two males during the early morning hours (0345-0430) on 17 February in the Haymount section of Fayetteville, North Carolina. He described her as a "hippie" type who frequently wore attire similar to the accused's description of the female assailant. The girl told Posey she was "stoned" and had no alibi for her whereabouts that night. She was subsequently interviewed by CID Agent Ivory and he obtained the same information.
Posey, a reluctant witness, testified on 13 August. He had never previously provided this information to police authorities stating he was fearful of the possible consequences from members of the hippie community
D. Analysis of the Government's Case
The government's theory of the events is that the accused and his wife had an argument in the east bedroom concerning the baby's (Kristen's) wetting their bed. The argument escalated into a fight. Colette had a knife and stabbed him. He obtained a club and beat her and, with each stroke became angrier and "lost all control in a blind fantastic mindless rage." Kimberly came into her parents' room and he smashed her skull and then placed her in her own bed.
The accused then regained his senses and realized he needed a cover story, decided to blame the murders on hippies. He next went to Kristen's room and killed her. His wife, still alive, came into Kristen's room. He hit Colette again, dragged her back into the east bedroom and stabbed her. He then returned to Kristen's room, turned her over and stabbed her some more. Finally the accused hit and stabbed himself and telephone for assistance.
The government's case against the accused is based principally upon the fact that there are certain questions raised for which the accused does not seem to have pat answers, belief that the scene in the living room is staged, that there is no real evidence of the presence of unidentified assailants, that three members of the family were murdered in a bizarre manner yet the accused remains alive and that the accused is lying.
E. The following is a list of evidentiary factors presented by the government with my analyses in parentheses.
(1) CID Agent Ivory testified that when Colette's body was removed he collected a blue thread on the rug where her head had rested, 20 to 25 blue fibers from the floor and rug of the east bedroom, three from the south bedroom, two from the north bedroom (one of these was under Kristen's fingernail), one in the hallway and none in the living room. Ivory also stated that a pajama pocket from the accused's pajama top was found at Colette's feet.
CPT Neal, the Army doctor who examined the deceased at the apartment, states that he turned over Colette's body to examine her. CID Agents Ivory and Shaw stated he did not move the body.
The government believes these blue threads/fibers came from the pajama top of the accused. The government also contends that the absence of fibers in the living room, where the accused states a short struggle occurred, and the profusion of fibers in the east bedroom where the government thinks the husband-wife struggle occurred, indicates that no struggle occurred in the living room and the scene was staged by the accused.
The accused stated that during his struggle with the assailants his pajama top, in some unknown manner, got twisted around his wrists. When he regained consciousness in the hallway he was face down with his hands under his abdomen and still entwined in the pajama top. He took off the pajama top and dropped it in the east bedroom. Colette's body was leaning against the green chair and he laid her out on the floor. Later after checking her, he picked up the pajama top and spread it out over her chest area.
(The CID Laboratory report, concurred in by the testimony of a textile expert, qualifies the association of the fibers/thread to this garment by stating they "could have" come from the pajama top and therefore no positive identification could be made.
It is unknown when the pajama top was torn or when the pocket was ripped off the garment. It seems more logical for this action to have occurred in the couch area of the living room. With the garment wrapped around the accused's arms, the fibers and pocket may have, in some manner, remained with the garment until it was dropped in the east bedroom or when it was opened up to be spread across the chest of Colette.)
(2) The accused states he used telephones in the east bedroom and in the kitchen and also pulled a knife from Colette's chest and discarded it in the bedroom. Witnesses described how one MP also picked up the telephone in the east bedroom using three fingers. The CID fingerprint technician testified that there were no fingerprints on these three objects, but smudges on the knife and the telephone in the east bedroom. The government contends that it is strange that the kitchen telephone and the knife are devoid of fingerprints and theorize that the accused may have been wearing gloves.
(It seems logical that fingerprints would be on these three items. However, since only smudg-es appear on the telephone used by the MP it indicates that prints are not necessarily left on an object when used. In addition the accused thinks he washed his hands in the kitchen and this could have occurred prior to use of the telephone in that room thus further reducing the possibility of prints on that instrument.)
(3) Four pieces of evidence, suspected to be from a surgical glove(s) and bearing blood, were found in the east bedroom. One piece which was 3/4 of a finger was in the bedding on the floor at the foot of the bed. The accused states one or more used pair of surgical gloves were on the kitchen sink (not present when the CID arrived) and usually a pair was on top of the dryer in the utility room for the use of Colette (also not present).
(The government's theory is that, in the latter stages of the crime, the accused donned the surgical gloves from the kitchen. The evidence as presented during the hearing does not support this theory.)
(4) The CID Lab technician collected red brown stains from the west end of the hall floor which later identified as Type "B" or Type "O" blood. The accused testified that he fell, face down, and was unconscious in this general location with his arms under him and the pajama top entwined around his arms. The government contends that, if the stains are Type "B" blood and the accused's testimony is true, there should be a pool of blood in this location.
(From the Lab report and testimony regarding the stains it is not evident what quantity of blood was at this location. In addition, several witnesses testified that at least twelve military personnel were in the apartment and passed to and fro through the hallway thus potentially disturbing the evidence. The blood present could have come from the chest wound with the pajama top absorbing blood from the abdominal wound.)
(5) CID Lab reports indicate that Type "O" blood (described by the government as a speck on the lens) was on the spectacles of the accused which were found on the floor in the living room. Also, that Type "AB" was on the top edge of an Esquire magazine which was located under the edge of the overturned coffee table in the living room. The government contends that the accused wore his spectacles while committing the crimes.
(Considering the amount of blood evident in the killings of the two girls it is entirely plausible to consider that some of it contaminated the clothing of the assailants and their weapons and was subsequently transferred to the two above mentioned objects.)
(6) The family of the accused was brutally murdered while the accused suffered what the government describes as "superficial injuries." The government does not think that unknown assailants committing such a crime would leave the accused alive.
(Although this is not evidence in the true sense of the word it is a factor to consider. However, it seems logical that the assailants would be surprised to find the accused sleeping in the living room. The accused testified they hit him with a club and repeatedly with a sharp instrument. In the dark and in the absence of an inspection of the accused's body they could assume the assault was as effective on him as on the other members of the family. When the accused fell into the hallway the assailants, by this time, were probably anxious to leave the premises and departed in haste.)
(7) Although not specifically stated by the government in the closing argument of the hearing, there is implied lack of real evidence of the presence of assailants from outside of the MacDonald household.
(Evidence and/or unanswered questions leading to the possible conclusion that assailants were present as described by the accused is as follows: Numerous unidentified fingerprints on the premises; wax from an unknown candle apparently not from the MacDonald household; unidentified blond hair in the right hand of Colette; red brown stains on the interior of a jewelry box in the east bedroom together with an unidentified finger and palm print; and, no evidence that the two knives and the ice pick, apparently used in the murders, came from the apartment.)
F. Rationale for Recommendation Number Two
The rationale for recommendation number two is based on testimony presented at the hearing by a civilian witness Posey which had never previously been presented to civilian police and/ or military investigative authorities. There was a remarkable similarity of part of his testimony to testimony by the accused and other evidence.
As a result of this information the Investigating Officer requested that the government attempt to get a civilian female Stoeckley whom Posey had seen during the early morning hours of 17 February, to appear as a witness at this hearing. CID Agent Ivory testified that he subsequently interviewed her twice, that she had no alibi for that morning because she had been on marihuana, and that she declined to testify.
It seems appropriate to pursue this line of inquiry further and to provide the testimony of Posey and Ivory to appropriate local civilian authorities with a request that they determine if Stoeckley and/or her companions of that evening can be placed at the scene of the crime.
1LT Joseph L. Paulk, MP Duty Officer on 17 February 1970, testified that on the night in question, his desk sergeant received a telephone call. Paulk was summoned by him and in response to his statement that there was trouble at 544 Castle Drive, he and his partner proceeded there.
Upon checking the front door, he discovered it was locked so he sent MPs around back to check the rear entrance. As Paulk started towards his vehicle, one of the MPs shouted, they are around here." (p 27)
Paulk then entered the east bedroom and discovered, in addition to MPs Mica and Tevere, Colette MacDonald lying on her back on the floor, apparently dead, and the accused, lying beside his wife. Mica was assisting the accused. Paulk observed that the accused had some of the symptoms of shock and his speech was rather incoherent.
In Paulk's opinion, the accused expressed more concern about the condition of his wife and children than did he about his own condition. The accused asked about the condition of his children and once stated, "Oh, Jesus Christ, look at my wife." (p 34)
Prior to leaving the east bedroom, Paulk took note of the word "Pig" written in blood on the headboard of the bed. He also noted a wet spot in the center of the bed.
Upon departing the east bedroom, he started down the hallway. He looked into the doorways of the north and south bedrooms and assumed the children were dead because was, "just absolutely no movement whatsoever." (p 104) Continuing down the hallway, Paulk entered the living room at which time he noted the dim lighting. After quickly looking into the kitchen and dining room, he began to take notes.
Thereafter, it was reported to him that the accused described his assailants as three (3) males (one Negro) and one female. Paulk caused this information to be put on the radio. At about this time Paulk also cautioned all MPs in the house not to move or touch anything, an instruction Paulk subsequently repeated several times. He saw grass on the carpet after MPs had entered the house and he "half-way remembers a medic not in uniform." (p 57)
Paulk used the phone next door in CW3 Kalin apartment to notify Colonel Kriwanek (Post Provost Marshal) of the crime and Paulk also telephoned the MP desk sergeant (Boulware) to give him a description of the assailants and to request the desk to expedite the ambulances and CID.
Paulk was in the east bedroom more than three times; during one of these, he observed SGT Tevere attempt to use the telephone. Paulk testified Tevere picked up the receiver by using his index finger and thumb, thereafter replacing the handset on the cradle and subsequently placing the handset in a dangling position.
In addition Paulk heard the accused say, "I'm going to kill those God damn acid heads" and "I'm not going to help them any more." (p 950) (p15 -113)
SP4 Kenneth C. Mica, Company A, 503d Military Police Battalion, Fort Bragg, North Carolina, testified that in the early morning hours of 17 February 1970, he was routinely patrolling the Corregidor Courts/Anzio Acres housing area with SP4 Morris. It was a rainy cold night. During this period he passed the 544 Castle Drive area several times and did not notice anything unusual. Approximately 0345 hours his patrol received a call to proceed to 544 Castle Drive. Upon arriving he discovered three MP vehicles were already there.
After a futile attempt to gain entrance through the front door, SGT Tevere came from the rear of the quarters and yelled, "Tell them to get Womack ASAP." (p 116) When Tevere and Mica entered the east bedroom through the rear door, Mica stated he observed Colette lying on her back and the accused lying on his stomach on top of Colette's left shoulder. Mica testified that he observed Colette's midriff and a portion of her left breast; she was not covered by a pajama top or white towel.
Mica turned the accused over and he said, "Check my kids. How are my kids." (p 117) Mica immediately ran down the hallway, glancing in both children's bedroom and observed the children with his flashlight. Both children appeared dead. At the end of the hallway Mica briefly glanced into the living room - dining room area. Among the things he noticed was the overturned coffee table which was resting on its edge.
After returning to the accused in the east bedroom, Mica then remained with him until the medics arrived.
During this period Mica administered mouth to mouth resuscitation at least three because the accused would lose consciousness. At times the accused's teeth were chattering.
Among the statements Mica recalls the accused saying are, "I can't breathe, I need a chest tube - how are my kids. Check my wife - I heard my kids crying. I tried to feel my wife's pulse and I couldn't find it." They kept saying "acid is groovy, Kill the pigs. Why did they do this to me." (p 120-121) Mica asked the accused what happened. The accused answered that there were four of them, one blond female with a big floppy hat and that she had a candle. She kept saying, "aid is groovy, kill the pigs, hit them again." The accused said there were "three men and one woman, one Negro. I think I hit them. I think I scratched them." (p 142).
As Mica received this information, he repeated it and believed that Paulk was copying it down.
During the time Mica was attempting to administer first aid to the accused, the accused tried to struggle up from the floor to go check his children himself. Mica was then forced to restrain him. The accused repeatedly insisted that Mica leave him alone and attend to the children. Mica testified that the accused, when he was being taken from the house on a stretcher, struggled to get up and said, "God damn MPs, let me see my kids." (p 147)
While in the east bedroom recalls the accused describing some details of the attack upon him. Included therein were statements that he (accused) had been sleeping on the living room couch when he was awakened by screams, that upon awaking the accused saw his assailants standing at the edge of the couch and that before he could get up they started hitting him while the woman was chanting.
Mica testified that at the time the accused was removed from the promises there were approximately 12 -13 persons inside the apartment who were either MPs or medics. At this time Mica observed that the flower pot in the living room, which had apparently been sitting on the coffee table and had been thrown to the floor, was lying on its side on the floor, its contents spilled out. One of the persons in the living room, whom Mica believed was an ambulance driver, appeared to pick up the flower pot and set it on its base following which he sat on the couch. He was ordered to move and did so promptly.
Mica also testified that the MPs had been instructed by radio that as soon as someone got inside the house they were to pick up the phone and let the MP desk know what the situation was. Mica observed Tevere pick up the receiver and he believes Tevere stated the line was dead. Mica stated that when he first observed the telephone, "It was off the cradle and I believe it was laying on the dresser next to the phone." (p 162) (p 115-165)
SGT Richard D. Tevere, Company A, 503d Military Police Battalion, Fort Bragg, North Carolina, testified he was on MP patrol on 17 February 1970 when, at approximately 0350 hours, he was dispatched by radio to 544 Castle Drive. He was the first MP to enter the rear door and observed the victims in the east bedroom. After calling for assistance, he returned to the same bedroom, at which time he heard the accused ask him to check his children and the pulse in his wife's leg. In response to this, Tevere next went two steps inside the south bedroom, shined his flashlight and saw a child that appeared to have been stabbed several times. Going from there to the doorway of the north bedroom, he repeated this procedure and observed a child that appeared to have been beaten and stabbed and a big puddle of blood on the floor.
Upon returning to the east bedroom, Paulk (MP duty officer) asked Tevere how "bad" the children were and Tevere responded they appeared to be "bad." Tevere assumed they were dead. (p 189) While he was in the east bedroom on this occasion Tevere picked up the telephone receiver (which was off the hook) with his thumb and two fingers in order to call the Provost Marshal's office. His attempt was futile, as Tevere observed, "It was dead. There was no dial tone" (p 192-193). Tevere stated he then "placed the phone (receiver) right back where I got it from along side the telephone." (p 193)
Tevere testified that the accused described his assailants as two male Caucasians, one male Negro wearing a field jacket with sergeant stripes on it, one female with long blond hair wearing muddy boots, a floppy hat, carrying a candle, saying acid is groovy and kill the pigs (p 211).
When he first observed Colette, Tevere stated he noticed her left breast and midsection and does not recall seeing a blue pajama top (accused's) or white towel on her body. Subsequently Tevere went into the living room where he did not observe any wet spots or mud. Tevere stated he was looking for mud because the accused had reported seeing a "blond (woman) with muddy boots" (p 201). In the living room, Tevere noticed a white flower pot "lying on its side on the floor." (p 203). In the kitchen, which was lighted, he saw the telephone receiver dangling on the floor.
Tevere agreed that there was a total of about a dozen MPs, CID or medics in the apartment during the approximate 15 minute period he was there. (p 184-219)
SGT Robert J Duffy, Company A. 503d Military Police Battalion, Fort Bragg, North Carolina, testified that, as a result of a radio call, his patrol proceeded to 544 Castle Drive where he noticed two MP vehicles already had arrived.
Duffy entered through the utility room and pushed past Mica who was standing in the doorway to the east bedroom. Duffy stated he observed Colette laying on her back and the accused lying parallel to her on his side with his arms across her chest and his head on her shoulder. He observed the white towel over Colette's body but he does not remember seeing any mud, water spots or debris on the floor of the east bedroom, despite the fact was brightly lighted.
When Duffy heard the accused request that his children be checked, Duffy proceeded to the north bedroom. After going in two or three feet, he saw Kristen bleeding from the neck and shoulder. Simultaneously Duffy observed Dickerson going towards the south bedroom. As Duffy exited the north bedroom, Dickerson stated there was a baby (Kimberly) that seemed to be dead in the south bedroom. Duffy then ran out of the house through the utility room to call for medical assistance.
At approximately 0430 hours, Duffy and MP (SP4) Jackson were given instructions "to walk around the house to see if we could find any bits of evidence. (p 256) Jackson discovered an ice pick under a bush near the northeast end of the house and Duffy observed it when Jackson called his attention to it. Duffy stated neither he nor Jackson touched the item; rather, Jackson left to inform higher authorities of his discovery. After Jackson's departure, Duffy continued the search and discovered a stick (club) (Exhibit G-79) outside the rear step of the back entrance to the utility room.
Among his observations, Duffy remembers seeing two people (ambulance drivers or attendants) from Womack Army Hospital, and one was wearing a fatigue jacket, dungarees and boots. In addition, Duffy is of the opinion that one or more drawers of the bureau on the south wall of the east bedroom were open at the time he entered the room. Duffy stated, "I noticed like the drawers, like stuff hanging out of the drawers, and as if someone had looked through them." (p 251) Duffy was shown Exhibit A-10 which shows the drawers closed and Duffy stated this not how he observed them upon his initial entry. (p 220-284)
SP4 Dennis Morris, Company A, 503d Military Police Battalion, Fort Bragg, North Carolina, testified he was on MP patrol in the early morning hours of 17 February 1970 and that it was a rainy cold night. He was patrolling the Corregidor Court/Anzio Acres housing areas when he received a radio communication to proceed to 544 Castle Drive. Upon going around the house to the back door with Tevere, Morris saw the two bodies on the floor of the east bedroom. Tevere immediately summoned assistance and returned with SP4 Mica, 1LT Paulk and possibly the duty officer's driver (Dickerson). Morris then followed the other into the house.
Upon entering the east bedroom, Morris saw Mica assisting the accused. Morris testified the blue pajama top was on Colette's body at this time (as represented in Exhibit A-6), but Morris does not remember seeing the white towel.
Morris then proceeded down the hallway, but stopped at the end and at the top of the steps. He testified that Exhibit A-9 represented what he saw. In particular, he remembers the white flower pot standing up. At this time Morris stated there four or five MPs in the living room.
Next he returned to the east bedroom and was instructed to guard the rear entrance. Initially he did so from the utility room for approximately 15 minutes. Thereafter he moved to the outside rear porch and after about 20 minutes he noticed a stick lying on the ground which he thought might have some relevance. After about another hour had passed and it was becoming light, Morris stated he saw an ice pick and knife under a bush. When he pointed this out to a CID agent he was told not to let anyone disturb these objects. Later, Morris observed the knife and ice pick being photographed and boxes being placed over them for protection from the rain. A half hour later, these items were placed in plastic bags and removed. Small marking sticks were also placed at the site of the club before it was re-moved. (see Exhibit A-20) (p 289-319).
CW3 Donald L. Kalin, 573d Personnel Service Company, Fort Bragg, North Carolina, testified that on 17 February 1970, he and his family resided at 542 Castle Drive, which is the adjoining apartment to the accused. After the accuse and his family moved into the apartment in August or September 1969, Kalin had occasion to visit the accused's home about four times socially and the accused visited their home one time. From August or September 1969, when the MacDonalds moved into 544 Castle Drive, until February 1970, Kalin never saw the parents argue; in fact, they apparently had a good relationship. Kalin never observed the accused attempt to harm his children. The accused told Kalin he was purchasing a pony for his children at Christmas to surprise them.
On February 1970, Kalin went to bed approximately 2200 or 2230 hours. Kalin's bedroom is over his own living room; however, he also has two bedroom upstairs which are directly over the accused's living room - dining room - kitchen area. Kalin heard no unusual noises until he was awakened on the 17th of February by MPs banging on the accused's front door. Approximately 45 minutes later CID agents requested him to identify the three victims which he did. (p 320-330)
CPT William P. Neal, Womack Army Hospital, Fort Bragg, North Carolina, testified he is a physician who was the professional officer of the day of the day at Womack Army Hospital on the night of 16 - 17 February 1970. He received a call to go to 544 Castle Drive to pronounce bodies dead. Neal was at the home form approximately 0445 to 0520 hours on 17 February.
When he arrived, he was met at the front door and requested not to disturb any evidence. Thereafter he was escorted through the house by a CID agent. Before entering each bedroom, Neal was requested to wait before checking vital life signs until a photographer finished taking pictures of the bodies.
Neal first visited the north bedroom (Kristen's) and stated that Exhibit A-11 represents the scene as he saw it. He pronounced her dead, apparently from stab wounds.
Next Neal went to the east bedroom (Colette's) and he stated that A-17 represents the scene as he saw it. She was pronounced dead apparently from multiple stab wounds. During his examination, Neal removed the blue pajama top from Colette's chest. Neal also had to roll Colette over on her side to check her for back wounds.
Lastly, Neal went into the south bedroom (Kimberly's) and he stated that A-23 represents the scene as he saw it. After examining her, Neal pronounced her dead apparently from a heavy blow to the head although there were stab wounds. (p 331-353)
MAJ William H. Straub, Womack Army Hospital, Fort Bragg, North Carolina, testified he was one of the physicians on duty of the morning of 17 February 1970 at the emergency room of Womack. When the accused was wheeled into the emergency room, Straub quickly (2 - 3 minutes) examined him, noting that the accused's blood pressure had already been taken and that a Vaseline gauze bandage had been applied to his chest wound. Thinking the accused might have a collapsed lung because of decreased breath sounds, Straub sent the accused to x-ray. After seeing the initial x-ray film, Straub concluded the accused had a 20% pneumothorax collapse of his right lung. (Subsequently, 40%)
Straub noted a laceration of the accused's abdomen but considered that not too serious since it had not entered the peritoneal cavity; therefore, Straub gave primary emphasis to the chest wound.
Straub stated that, "If you puncture a lung you don't know whether you are going to get a 10% or a 100% collapse" (p 363), and that he considered the accused's partially collapsed lung to be a serious injury. (p 355-364)
SP6 Michael D. Newman, Medical Company, Womack Army Hospital, Fort Bragg, North Carolina, testified he was the NCOIC [noncommissioned officer in charge] of the emergency room on the night of 16 - 17 February 1970. When the accused was brought in by ambulance between 0415 and 0430 hours, Newman examined the accused's wounds and cleaned up the blood on his body. In addition Newman, in a sworn statement given on 25 February 1970, stated he placed a Vaseline gauze pad over the chest wound (Exhibit G-11).
Although the accused was excited and talking when he came into the emergency room Newman thought his general condition was "very good" (p 365). Furthermore Newman did not believe the accused was in shock.
During this initial period, the accused was being questioned by a nurse who was seeking administrative information and by a CID agent part of the time. The accused asked about his wife and children and described to Newman what he remembered of the attack on him. The accused also gave a description of the assailants in which he said they were four persons, two of whom were male Negroes.
According to Newman, the accused was in the emergency room between 20 and 30 minutes, was taken to x-ray, returned to emergency and then taken by Newman to Ward 2-B.
Newman observed that the accuse's blue pajama bottoms were torn in the crotch and had some blood on them.
Ultimately, the bottoms were discarded by an unknown person in accordance with emergency room SOP. (p364-376).
Mr. Dillard O. Browning, forensic chemist, US Army Criminal Investigation Laboratory, Fort Gordon, Georgia, testified he performed the chemical analysis on fibers, hairs, paints, waxes and wood chips in the MacDonald case. Upon being shown Exhibits G-7 and G-8, he stated that these two reports contained, in part, the results of his work. Browning further described the various scientific procedures used in arriving at the conclusions contained in the Lab Reports.
Browning noted that the hair brush which can be seen in Exhibit A-24 (this brush is referred to as Lab Exhibit D-35 on page 2 of the Lab Report (Exhibit G-7), contained only one hair, dark, apparently dyed, which he judges to be from a female because of its length and waves.
Included in the Lab Report (Exhibit G-7) are several test results listed on page 14 (fibers, hair, wood splinters and paint) and 15 (wax) which were elaborated upon by Browning as follows:
(1) Reference fibers: paragraph 27 indicates fibers "could have" originated from the blue pajama top of the Accused. (Lab Exhibit D-210)
(2) Reference hair: paragraph 29, 31 and 33 indicate hair "could have" originated from the head of the respective victims. In testimony, Browning noted that the known hair sample of Kristen came from her head at the time of the autopsy, but that the known hair samples (used for comparison purposes) of Colette and Kimberly came from outer wear garments in the house. Browning stated this latter technique is used in the cases of missing persons.
(3) Reference wood splinters: paragraph 35 indicates wooden splinters "could have" come from Lab Exhibit A (wooden stick, 31" in length, sometimes described by witnesses as a club).
(4) Reference point: paragraph 37 indicates paint from Lab Exhibit A (wooden stick), "could have a common source of origin" such as the paint found on Lab Exhibit E-203 (paint from the sidewalk behind accused's house).
(5) Reference wax: paragraph 38 indicates that waxes found on the bedspread and chair in the south bedroom and on the coffee table in the living room were "different" in chemical composition to wax from candles found in the MacDonald home. Browning testified he had received six additional candles (from the MacDonald house), one multi-colored but as of yet had not done the chemical analysis. (no Lab Report had been received on these samples at the time the hearing closed.) (p 393-434)
Miss Pamela Kalin, 542 Castle Drive, Fort Bragg, North Carolina, testified she is student and the daughter of CW3 Donald Kalin, who testified earlier. Her bedroom is located directly over the bedroom of the MacDonald living room and she was asleep there on the night of 16 - 17 February 1970. Prior to the 17th of February, she often babysat for the MacDonalds. She considered the MacDonald children to be normal and were not abused by the parents, whom she believed were a normal happily married couple. When in her bedroom, she could "hear conversations being carried on in a normal tone in the living room below, if its quiet" p 458. She had been awakened on other occasions when the MacDonalds had company.
On the night of 16 February she went to bed about 2230 hours but was later awakened by what she believes "was CPT MacDonald and he was either laughing or a sobbing cry." (p 458) She agreed with the defense description of the intensity or sound level as being somewhere between a scream and a normal conversation. She stated she heard no evidence of a scuffle, furniture being moved or screaming.
She dropped back off to sleep and was next awakened by MPs banging on the door of the MacDonald residence. (p 457-463)
SP4 Craig S Chamberlain, US Army Criminal Investigation Laboratory, Fort Gordon, Georgia, testified he worked at the Lab as a chemist and specifically was one of the chemists who worked on the blood stains in the MacDonald case. In addition, he was a member of the lab team sent to Fort Bragg to assist in the collection of the evidence. This lasted approximately five days beginning at noon, 17 February 1970.
Chamberlain described the methods employed in obtaining evidence and the specific techniques used in the typing of blood exhibits. He stated that blood tests were conducted to determine first if the sample was blood; next, if the blood was human blood; and, finally, the type of human blood. Two different experiments (crust and absorption elution) were used in determining blood type. Chamberlain explained that when the Lab Report (Exhibit G-7) stated that "red-brown stains revealed the presence of human blood Type O", as in paragraph 4, page 12, this means all tests have been conducted and the results are 100% accurate. On the other hand, paragraph 13, page 12 uses the word "indicated Type AB", which means either the crust or the absorption elution tests were used; therefore, the blood typing is in the excess of 90% accurate. From dried blood, chemist can only determine the basic International Blood Group Types (AB, A, B, or O). They cannot determine such factors as RH positive or negative, etc.
In order to make his testimony more meaningful, Chamberlain provided copies of his working diagrams showing floor plans of the various rooms in 544 Castle Drive. On the diagrams, he indicates where the blood was found and the blood types when identified. (See Exhibits G-20 through G-25)
His explanation of the top sheet from the north bedroom (see Exhibit G-16) reveals that most of the blood was Type A. When shown a photo of the white towel found on Colette (see Exhibit G-17), Chamberlain circled on the photo two locations of AB type blood. (p 435-456 and p 465-495)
MSG Hilyard O. Medlin, US Army Criminal Investigation Laboratory, Fort Gordon, Georgia, testified he is one of the fingerprint technicians who visited 544 Castle Drive to assist in collecting evidence. He worked on the fingerprints exhibits listed in Exhibits G-7 and G-8 as well as Exhibit G-28, a supplemental Lab Report.
Medlin noted that the east bedroom phone contained no readable fingerprints, "just smudges and smears." (p 500) The telephone in the kitchen also contained no legible fingerprints and Medlin thought "that it was odd that it was completely stark." (i.e. devoid of any discoloration. (p 501) There were found on the premises a total of 44 latent fingerprints, 29 latent palm prints and one latent footprint. Of these, 21 fingerprints, 6 palm prints and the footprint were identified, all belonging to either CPT or Mrs. MacDonald.
In addition there 44 fingerprints and 7 palm prints that Medlin thought should be capable of being photographed after he viewed them with a magnifying glass. However, apparently because of difficulties in the photography process, they were not useful. Some of these prints were again photographed and were readable for comparison purposes with record prints. (p 497-537)
MAJ George E. Gammel, Womack Army Hospital, Fort Bragg, North Carolina, testified he is the physician who performed the autopsy on Colette on 17 February and supervised autopsies performed by Dr. Hancock on Kristen and Kimberly. During the autopsy on Colette, Gammel supervised the taking of a number of photographs. (see Exhibits G-29 through G-32) Gammel identified the final autopsy report on Colette and it was marked as Exhibit A-25.
Gammel observed seven incised (knife) wound's and 21 puncture type (ice pick) stab wounds on Colette's chest. Some of these wounds penetrated vital organs. (see Exhibit G-29) There were nine knife wounds in her neck with some penetrating the trachea and thyroid which caused much internal bleeding. (see Exhibit G-30) Her chest and heart cavities as well as the pericardium were full of enough blood to have caused her to bleed to dead.
On Colette's head there were six blunt trauma blows with a blunt instrument. The most significant was the one over her nose which caused a small skull fracture. (See Exhibit G-31) Her arms were bruised and lacerated and both were broken, probably by a blunt instrument. Gammel believes they were broken as she was holding both arms up in a protective position. (See Exhibit G-32)
Gammel feels that the stab wounds in the chest were fairly perpendicular to the body. He also testified that, as a result of the toxicological work-up on Colette, no narcotics or drug abuse type drugs were found in her body. Some hairs (blonde per autopsy report A-25) 4 - 5" in length were entwined in the right hand. (p 552) Colette was four to five months pregnant at time of her death. (p 538-559)
CPT William F. Hancock, Womack Army Hospital, Fort Bragg, North Carolina, testified he performed autopsies on the bodies of Kimberly and then Kristen MacDonald on 17 February under the supervision of Gammel. Hancock identified Exhibits G-33 through G-35 as being autopsy photographs of Kimberly. Exhibit G-33 shows the right side of her face with multiple abrasions to the right ear and check and eight to ten stab wounds on her neck which transected the windpipe. Exhibit G-34 shows a severe fracture to her skull. Exhibit G-35 shows the left side of her face where multiple fractures inside the skull around and under the eye area can be observed. Hancock considered the major wound to be the one to the right side of the head (caused by a blunt instrument); it "was of such severity (as) to cause coma and possibly death shortly thereafter" (p 564) and was "sustained first." (p 565) No puncture (ice pick type) wounds were noted on Kimberly's body.
Hancock next describe the wounds sustained by Kristen beginning with Exhibit G-37. Four incisional (knife stab) wounds were observed in the left chest area, two of these penetrated deeply and into the right side of the heart. A total of 15 circular puncture (ice pick type) wounds were also noted in her chest area, all of superficial nature. Exhibit G-38, which is a photograph of her back, shows 12 incisional wounds. "These penetrated the left lung cavity, lacerating the lung and penetrating the left heart in two instances." (p 581) Exhibit G-36 shows several incisional wounds to her right hand; however Hancock testified there were also small incisional wounds to her left hand.
The wounds to Kristen's heart sustained from the front and rear were sufficient to cause bleeding to death. The knife wounds were at the right or left angles to her body. Hancock noted no broken bones or blunt trauma on Kristen. (p 560-584)
MAJ Severt H. Jacobson, Womack Army Hospital, Fort Bragg, North Carolina, testified he was on duty at Womack on the night of 16 - 17 February as the attending surgeon. Jacobson and Straub both saw the accused in the emergency room. Jacobson described all the accused's wounds as superficial except the chest wound which, upon x-ray, showed a 20% pneumothorax. The accused was not suffering from shock and that he did recall the events that had occurred at his home.
Jacobson related that the accused stated, among other things, the following: that he was awakened by someone beating on him and he heard his wife screaming; there was a blond haired female holding a candle saying something like "kill the pigs"; there were three males, one a Negro; somebody had a sharp instrument and somebody a club; heard his wife say something to the effect, "Why are they doing this?"; that he examined his children and his wife "looked bad"; he said, "Be sure to tell the MPs and CID I pulled the knife that was in her chest out"; he mentioned something about an individual named Badger he had seen as a physician pertinent to drug abuse; and multiple times he asked why his wife and children had not been brought to the hospital. (p 590)
When asked if he had been unconscious the accused could not remember.
Jacobson saw no evidence of neurological abnormalities and stated the accused's medical condition was excited, coherent, and alert. His vitals signs were stable and, in Jacobson's opinion, the accused's medical condition was good to fair.
After consultation with Dr. Gemma later in the morning on 17 February, it was decided to insert a tube (thoracotomy) into the accused's chest as he then had a 40% pneumothorax.
Jacobson is of the opinion that a doctor who inflicted a pneumothorax of this nature upon himself would not know what the final medical consequences would be.
Jacobson indicated that the accused's wound was in the general area of his liver and diaphragm. He agreed with the defense counsel's statements that the other puncture type wounds in the left pectoral region of the accused chest "could have touched the lung and the lung could have healed itself" (p 615) and that, reference head injuries, "there is no medical relation to what the injury looks like on the surface as to what damage it causes to the brain." (p 615)
SP4 William F. Ivory, 503d Military Police Battalion, Fort Bragg, North Carolina, testified he was the CID investigator on duty on the night of 16 17 February. At approximately 0350 hours he was awakened by his radio monitoring set at which time he learned of the incident at 544 Castle Drive. Ivory telephoned the duty photographer, gathering his investigative tools and went to the address with the PMI duty investigator Hagan Rossi. There was a light rain, it was quite cool and the ground was wet. Upon arriving around 0400 hours, Ivory observed four MP vehicles and an ambulance and about five MPs outside providing security.
Ivory passed through the 2 MPs at the front door and entered the living room. There he observed LT Paulk and four MPs standing by the desk. After Ivory was briefed by Paulk, Ivory requested Paulk to reduce the number of unnecessary personnel in the house. While they talked, Ivory observed the accused being wheeled (in a litter) through the living room and out of the house. Ivory was then escorted throughout the apartment at which time he made mental notes and, by visual inspection, determined the victims were dead. During the tour, Ivory asked Paulk whether anything had been moved and Paulk said no, except for the telephone in the east bedroom. Following this initial inspection Ivory went next door to the Kalin residence and called for investigative assistance. While there, Ivory requested Kalin to identify the deceased which he (Kalin) did.
Thereafter, Ivory continued to make additional observations until photographer Squires arrived. Under Ivory's supervision, the entire house was photographed. Ivory identified Exhibits A-5, 6, 7, 8, 9, 10, 11, 15, 17, 18 and 23 as being photographs which depicted the scene as he first saw it upon his arrival at 544 Castle Drive. Exhibit A-24 is a photo of the body outline of Colette after her body was removed. Exhibit A-12 depicts the position of Kristen's body following the examination by Dr. Neal.
Ivory then identified 32 additional photographs as Exhibits G-41 through G-72. The following photos show the scene in the various rooms as Ivory observed then upon his arrival at the residence. Exhibit G-41 through G-48 depict the east bedroom; Exhibit G-62 through G-66 depict the living room; Exhibit G-50 through G-56 depict the north bedroom; Exhibit G-68 through G-71 depict the south bedroom; Exhibit G-49 depicts the hallway bathroom and finally Exhibit G-57 through G-61 depict the kitchen. (with Exhibit G-59 showing blood stains) Exhibit G-67 is a photo showing the body outline of Kimberly after her body was removed and Exhibit G-72 depicts a view of the utility room with the door closed. (Ivory testified it was open when he first saw it.)
At 0458 hours Ivory began escorting CPT (Dr.) Neal as Neal inspected the victims and pronounced death. Neal went first to Kristen, then to Colette and finally to Kimberly. Neal was requested not to move the position of the bodies any more than was absolutely necessary. Ivory stated Neal did have to move Kristen's body. After Neal pronounced each victim dead, he immediately departed the premises.
Ivory returned to the east bedroom and assisted in careful removal of the white towel (Exhibit G-73) and the blue pajama top (Exhibit G-74) from the body of Colette. These items were then placed in plastic evidence bags. Also collected was the pocket to the blue pajama top (Exhibit G-75) which was lying at Colette's foot. After these items of evidence were collected, Ivory supervised the ambulance attendants as they removed all bodies from the premises. As Colette's body was removed, Ivory looked at that portion of the rug where her head had rested and saw a thread which he also collected as evidence. In addition Ivory collected numerous (20 - 25) other thread or fibers from the floor and the mat of the carpet in the east bedroom.
During the period 17 through 21 February while the Fort Gordon Lab technicians were collecting evidence, Ivory testified that he was present. Ivory took note of a blood stain that was found on the top edge of an Esquire magazine which was resting underneath the overturned coffee table in the living room. Ivory stated that no blue fibers were found in the living room; however one thread was found in the hallway, three blue fibers in the south bedroom and two blue fibers in the north bedroom (one of which was found under Kristen's fingernail).
Ivory described how, over a period of time, and with varying degrees of force, he caused the coffee table in the living room to be overturned. In each case it landed on its top and not on its edge.
Ivory located eight packages of rubber surgical gloves under the kitchen sink. In the east bedroom near Colette's head he found a rubber substance "like from a clear rubber glove." (p 675) In the sheet which was lying on the floor at the foot of the bed in the east bedroom, Ivory found an entire bloody finger "of a rubber glove such as a surgeon's rubber glove." (p 675) No remaining part(s) of the glove was located.
Ivory stated that Dr. Neal did not move Colette's body to examine her back, did not remove the blue pajama top to examine her chest and did not use a stethoscope during his examination - all of which Neal testified as having done.
Ivory also testified that the six-drawer chest in the east bedroom had no drawers open when he observed it, that the kitchen door was closed and locked, that there was some wet pieces of grass in the living room on rug and in the east bedroom, and that there was a doll's head on the clothing at the west end of the hallway. When handed Exhibits G-45, G-48, G-54 and G-65, Ivory encircled in red what he believed were the blades of grass he observed. Paulk told Ivory the wet grass was tracked in by MPs. (p 632-778)
Mr. Robert H. Caverly, Special Agent with the Federal Bureau of Investigation, Fayetteville, North Carolina, testified he interviewed the accused at Womack Army Hospital on 17, 18, and 19 February. With him on all three occasions was CID Agent Hodges. Caverly took handwritten notes and asked most of the questions. Later these were transcribed, and Caverly identified Exhibits G-76, 77 and 78 as being the product of his three interviews.
The first interview on 17 February lasted from 1424 to 1610 hours. The accused stated he was under sedation; however, he agreed to the interview and appeared to Caverly to be alert and responsive, although the accused did also appear to be emotionally upset and unable to give a coherent narrative. At the one hour interview on 18 February the accused was coherent and stated he was not under sedation. On 19 February, the interview lasted 45 minutes at which time the accused was very alert and coherent. (p 703-723) 703-723)
WO1 Robert B. Shaw, Criminal Investigator, Fort Bragg, North Carolina, testified he responded to Ivory's request for investigative assistance and arrived at 544 Castle Drive at approximately 0450 hours. Upon entering the premises, Shaw spoke to MAJ Parson. (Post Deputy Provost Marshal) Shaw briefly noted the appearance of the living room, dining room and kitchen before proceeding down the hallway. He observed the children's bodies in the north and south bedrooms and noted three stripes of blood on the edge of the doorway of the hall linen closet. After glancing into the hall bath, he contacted Ivory in the east bedroom.
Once Shaw had observed the east bedroom, Ivory requested him to process the south bedroom for evidence. Shortly afterwards Dr. Neal arrived and Shaw watched him as he checked the victims. Shaw stated Neal used no medical instruments during his examinations and that, in the east bedroom, nothing was disturbed or moved during the time Neal was present (alluding to the fact Colette's body was not moved as Neal remembered doing).
Upon Neal's departure Shaw returned to the south bedroom. There he looked at fragile evidence, took notes, made sketches and drew the body outline of Kimberly as shown in Exhibit G-67.
At approximately 0630 hours Shaw participated in a search of the outside of the apartment looking for footprints (he found none) and other evidence. As he approached the utility room entrance, an MP pointed to a club lying on the ground which he said he had just found and had not touched. Shaw saw reddish-brown stains on it and what seemed to be hairs or fibers. Later Shaw noted the fibers on the club were from the throw rug in the east bedroom. Because the photographer lacked flash bulbs, Shaw placed sticks in the ground to mark its location. Then he collected the club as evidence and marked it. (See Exhibit A-20 and G-80 which depict the location.) (IO's Note - The actual club, Exhibit G-79, was examined in the hearing room and was quite heavy for its size.)
Upon continuing his search Shaw's flashlight beam and an MPs statement, caused Shaw to spot an ice pick and a paring knife (both bearing red-brown stains) under a bush at the northeast corner of the house. Since photos could not be immediately taken, Shaw covered the two items with boxes. Shaw instructed the MP to "guard them and not let anyone touch them - other than myself (Shaw)." (p 803) Later, after photos were taken, the items were collected and marked as evidence. Shaw identified Exhibits G-81 and A-22 as photos of the scene and identified Exhibit G-82 as the knife and Exhibit G-83 as the ice pick.
At approximately 0800 hours Shaw assisted Ivory in collecting the white towel and blue pajama top from Colette's body as evidence. Shaw held a plastic bag under each item as it was raised while Ivory used one hand and tongs for the removal. Shaw observed no threads fall off the garments. Before Colette's body was removed from the east bedroom by the ambulance attendants, Shaw watched Ivory and CID Agent Connolly outline her body. (See Exhibit A-24)
Shaw next observed the ambulance attendants next remove Kristen's body. Prior to the removal of Kimberly Shaw uncovered her body and drew an outline on the bedding. (See Exhibit G-67)
Exhibit G84, a small paring knife with a bent blade which was found in the east bedroom (see Exhibit G-48) was introduced into evidence. Shaw saw reddish-brown stains on it the morning of 17 February.
(1O's Note - Following considerable discussion between opposing counsel it was agreed that the front cover of the March, 1970, issue of Esquire magazine (found in the living room underneath the coffee table), which can be seen in Exhibit G-65 become Exhibit G-85.)
Shaw testified that he noted about ten spots or streaks of reddish-brown liquid scattered about the ceiling light in the east bedroom. These spots or streaks appear to run in a north-south line. He also identified Exhibit G-14 as a portion of the rug he cut from the hallway entrance to the east bedroom containing reddish-brown stains.
Introduced by Shaw were Exhibits G-87 - G-96 which are expanded diagrams, in chart form, of each room in the MacDonald apartment, showing the floor, walls and ceiling. The location of positions from which red-brown stains were removed is indicated as well as the blood type of the stain if later identified by the CID lab. Not shown are stains removed from furnishings within the residence.
Shaw identified a piece of wood (Exhibit G-86) he found in the outside storage shed used by the MacDonalds. He stated, "These paints (on Exhibit G-86 and the club, Exhibit G-79) appear to be by visual examination of the same color. In addition, the paint is in such a configuration of design that they appear to have similarities". (p-840) (IO's Note - Following visual comparison of the two the IO concurs. Lab reports indicates that the paint could have the same origin.)
On Exhibit G-45 Shaw circled, in blue ink, two areas he recalled as being wet spots that were reddish-brown in color. He also remembered seeing Valentine Day greeting cards on the dining room buffet, some from the accused to his children. These can be seen in Exhibit A-30 which Shaw recognized.
Shaw described how the premises had been secured subsequent to the initial arrival of the CID. He also stated that the light outside the kitchen door was on when he first went to the rear of the house. He also noted that the lock to the outside utility door entrance functioned properly. (p 781-926)
CW3 Franz J. Grebner, Commanding Officer of Detachment B, 3d Military Police Group (CI), Fort Bragg, North Carolina, testified that as head of the CID element at Fort Bragg, he was in overall charge of the military portion of the MacDonald investigation. Furthermore, he coordinated this with the efforts of non-military investigative agencies.
He stated that "in excess of 3,500 people" were interviewed by all investigative agencies, to include 20 FBI agents, in the first weeks following the murders. In the initial stages the majority of people were questioned about the four alleged assailants.
When Grebner first arrived at the MacDonald apartment on the morning of 17 February, he noticed two ambulance drivers inside the apartment. One was wearing a white jacket and blue jean trousers and standing inside the front door. Later they were instructed to go and sit in the ambulances. Grebner stated that MAJ Parson said that "road blocks were in effect" (p 942), but Grebner does not know where or when.
On a day to day basis Grebner received all the reports and investigations on the MacDonald case. He recalled no statements to the effect that: (1) the MacDonalds were in the habit of having violent domestic arguments; (2) that the accused beat his children; (3) that the accused showed signs of mental illness; or (4) that he had taken or was addicted to drugs.
Grebner testified that all voluntary phone calls received by his office about the alleged assailants were checked by investigators. These investigators were to determine whether the individuals fit the description of the assailants and to establish their whereabouts and activities during the period in question. Of the 150 - 200 people checked, "we were able to establish that these individuals were not on Fort Bragg on the night and morning in question." (p 948) Each alibi of an individual was checked; however the accused was never shown any photographs of possible suspects.
CW2 Bennie J. Hawkins, HHC, 503d Military Police Battalion, Fort Bragg, North Carolina, testified he is a CID Agent who traveled to Suffold County, New York, in May, 1970, to interview a "colored male (Joseph Lee), approximately 5-9 in height, 170 lbs in weight, black hair and brown eyes" (p 962), who associated with a group of three others. From photos and police records Hawkins described the others as two Caucasian males - one was 5' 10", 180 lbs, dark brown hair and brown eyes, the other was 5' 6", 150 lbs, blond hair and blue eyes - and one female, 5'5/6 1/2", 110 lbs, blond hair and blue eyes. The four were close friends and ran together as a group. They were also friends with the accused's brother from the summer of 1969 to May, 1970, and lived with him and others in a house on Fire Island, New York.
Hawkins stated the girl was known (according to police information) to have dressed in knee boots and a floppy hat and had different shade wigs. (p 951-982)
SP4 Kenneth C. Mica, Company A, 503d Military Police Battalion, Fort Bragg, North Carolina, who previously testified, stated he was en route to 544 Castle at approximately 0345 hours on 17 February. The patrol vehicle he was in stopped for 4 or 5 seconds at the corner of Honeycutt Road and North Lucas Street. Mica was in the passenger seat and, looking through the plastic side window of his jeep, saw a female standing on the corner. He estimated her age to be between 20 and 30 years. She was wearing a wide brimmed hat, raincoat cut above the knees and she had "pretty nice legs." (p 1023)
While Mica was assisting the accused in the east bedroom the latter described his assailants to Mica. Mica then told Paulk he had seen a female at the corner of Honeycutt and North Lucas. Mica had, on occasion, seen a female on the corner at that time of night but "it's not very common." (p 1008)
When shown a composite drawing of the face of the female (Exhibit A-31) Mica stated it could possibly be the person he saw; however, he admitted he could not identify any specific features of the girl.
Mica drew a diagram (Exhibit A-32) approximating the location of his vehicle with relationship to the female he observed.
He denies telling Mr. Weiss (PMI investigator) about this incident but states that he did report it to Col Kriwanek and to the FBI, both on 17 February. (p 1005-1032)
Mrs. Winnie A. Casper, 400 North 25th Street, Mineral Wells, Texas, testified by a conference telephone call that on 16 - 17 February she and her husband resided at 344 North Dougherty which is about 200 yards from from the rear of the MacDonald residence. She stated she went to bed approximately 2345 hours on 16 February and was awakened by her younger daughter at 0345 on the 17th to take her to the bathroom. At some time between 2345 and 0345 (closer to 0345) when "(she was) not quite awake and drifting off to sleep (she) heard laughing, 'running' (p 1041) and scuffling" (p 1035) outside her open bedroom window on the second floor. She said she heard two male voices and one female voice and thought it was teenagers. She also heard a giggle and believes the voices were going in the direction of Castle Drive.
When her husband came home for supper on 17 February he asked if something woke her up "last night, and I said yes it did and he said, well, was it kind of laughing, you know, sound like the kids next door, and I said, yes." (p 1036)
Mrs. Casper thinks, upon questioning by government counsel, that she remembers her husband telling two CID agents at approximately 1800 hours on 17 February that he heard running and footsteps between 1900 and 2130 hours on 16 February. (p 1032-1045)
CPT James H. Williams, HHC, 6th Special Forces Group, Fort Bragg, North Carolina, testified he is an MSC officer who is the Operations and Training Officer with the Surgeon's Office. Williams worked with the accused from December, 1969, to February, 1970. As the medical drug abuse counselor the accused would talk to soldiers who requested counseling. In mid January, a lecture was conducted for all Group personnel on the subject of drug abuse. During the Chaplain's part of the lecture, he said he was the only person who had "privileged conversation" (p 1132) and that, at a court-martial, if a doctor is called to testify, he (the doctor) would not be able to shelter an individual.
Following the lecture Williams testified many young soldiers asked him "if that was true" (p 1132) and Williams said yes. Williams stated that the following week there was a noticeable drop in the number of soldiers requesting medical drug abuse counseling.
Later Williams was told by some of his enlisted medics that "they believed their men were being turned in to CID for being on drugs" (p 1133) and that the accused had the reputation of being a "fink." When Williams related this information to the accused, he laughed. (p 1125-1147)
Professor William G. Wolfgang, Philadelphia College of Textiles, Philadelphia, Pennsylvania, testified by conference telephone call that he is a member of the faculty with his pervious duty being the Director of Textile Apparel Research. He had the opportunity to examine the testimony of witness Browning, the forensic chemist from the CID Lab, as well as the CID Lab Reports relative to thread (yarns) and fibers.
Wolfgang stated that in order to properly compare fibers of a mixed variety (cotton polyester, for example) the chemist needs at least a gram of the material; for yarns, he needs a piece at least a yard long. "In textile identification we can actually say a lot more about where things didn't come from than where they did." (p 1174) Also, in identifying fibers, he said "you could say it could have come from a particular source, but you cannot say with any degree of certainty that it did come from it." (p 1175)
(IO's note - CID Chemist Browning used the same identification terminology, "could have", reference fibers in paragraph 26 of Exhibit G-7. (p 1154-1176)
Mrs. Elizabeth Ann Krystia, 301 Spear Drive, Fort Bragg, North Carolina, testified she met Colette while both were attending a night course in child psychology at the North Carolina State University branch on post. A friendship developed as both were pregnant and they drove to and from class together.
Krystia stated that Colette had great respect for her husband, that Colette's pregnancy was not planned and that she seemed "relaxed and calm" (p 1181) on the evening of 16 February. In class that evening Colette raised the question of what to do about their youngest child coming into bed with them at night. The professor suggested returning the child to her own bed after reassuring her. Colette indicated she was satisfied with his advice.
Upon departure from class between 2120 and 2130 hours Colette drove to a PX Shoppette, purchased milk and then drove Krystia home. Krystia planned to, within the next day or two, take some books on child psychology to Colette. (1177-1185)
Mrs. Susan Chester, Post Office Box 767, Pinehurst, North Carolina, testified by conference telephone call, that in February, 1970, she and her husband lived at 306 Castle Drive, adjacent to the apartment of Mrs. Jan Snyder. On 17 February Mrs. Chester and her husband (then CPT Chester) returned home for lunch and conversed with Mrs. Snyder. Mrs. Snyder told them: that she was awakened that night (16 - 17 February) sometime after 0300 hours because her daughter was crying; that she heard a car running outside her house; that she looked out the window and saw a girl with long blond hair running from the direction of the MacDonald house; and that this girl got into a red or maroon colored convertible and it pulled away.
Approximately two weeks later the Chesters related this information to FBI agents who came to their apartment. (p 1192-1212)
Mr. John W. Chester, Post Office Box 767, Pinehurst, North Carolina testified that in February, 1970, he was an Army Captain living at 306 Castle Drive adjacent to the apartment of Mrs. Snyder. On 17 February Mr. Chester returned home for lunch and heard Mrs. Snyder say, in his and wife's presence, that she (Snyder) was awakened between 0300 - 0330 hours (on the night of 16 - 17 February) by her children yelling; that she heard a commotion outside in front of the apartment; and that she looked out the window and saw a woman, with long hair, and some men get into an automobile and drive away. Mr. Chester was present for the entire conversation on the subject.
Ten days or two weeks later an FBI agent was given the information and three weeks after the incident Mr. Chester went to the CID office and related the information. Mr. Chester also testified he was present when Mrs. Snyder related the same information to three neighbors.
Later, on 21 February at approximately 0800 hours, Mr. Chester was in bed when he was awakened by the sound of Mrs. Snyder banging on the wall separating their apartments. He asked her, through the wall, what was wrong and she stated there was somebody out front with a gun. Mr. Chester went to the front bedroom, looked out and saw a late model light colored sedan with two individuals in it. The driver had a high-powered rifle with a telescopic sight which was pointed at the second story level of their apartment building. He went to get a shotgun and when he returned the car was driving off and was about 100 yards up the street. Immediately Mrs. Snyder came over to the Chester's apartment and together they telephonically reported the incident to the MPs. Mr. Chester testified the driver of the car was a man and he did appear to be looking through the sights of the rifle. He could not observe the other individual in the car. There were other people outside at the time but Mr. Chester did not remember how many. He drew a diagram (Exhibit A-34) of the area which illustrated the general position of the vehicle he observed on the 21st. (p 1212-1233)
Dr. Robert L. Sadoff, The Benjamin Fox Pavilion, Jenkintown, Pennsylvania, testified he is a civilian psychiatrist with a specialty in forensic psychiatry. He examined the accused in Philadelphia on 21 April 1970 and engaged a clinical psychologist (Dr. James Mack) to conduct psychological testing, which results were used by Sadoff. He stated the goal of his psychiatric examination was, "to determine whether or not Captain MacDonald possessed a type of mental state that would be likely to result in the kind of tragedy or killing that occurred in his family." (p 1241) His specific goal was "to search for evidence for types of mental state that would be conducive or would even allow for this type of behavior." (p 1241)
Sadoff next described the methodology employed to reach his findings. He considered the fact that the accused, as a medical doctor, would have some knowledge of psychiatry. During the examination he feels the accused: cooperated fully and was not hiding facts or holding back information; had a normal reactive depression resulting from the deaths in his family; had no serious mental illness; "Captain MacDonald felt guilty he was not able to save them (his family)" (p 1248); and that, "If I had found that he (accused) had sufficient psychiatric problem, emotional disability, then I would have told them (counsel for the accused)." (p 1251)
Sadoff's conclusion was that the accused "does not possess the type of personality emotional configuration that would be capable of this type killing of his wife and children with the resultant behavior that I saw in him on the 21st (of April)." (p 1250) Sadoff also "questioned him (accused) about things that perhaps he wasn't clear about or could not remember. He was not defensive about it. He accepted the idea that he could not remember some things or that things were very hazy." (p 1254) Upon being questioned would it be normal for the accused to be depressed if he had committed the crimes Sadoff stated "he (the accused) would not only be depressed, but he would be unable to compose himself, I think he would become psychotic." (p 1255) When asked is and was the accused legally sane Sadoff replied, "I would say he knew the nature and quality of his acts and was able to adhere to the right." (p 1261)
Counsel for the government and counsel for the accused each asked a number of hypothetical questions relative to the accused capability to do or not to do specific things. (IO's Note - All answers were satisfactory from the standpoint that the accused would not be able to successfully deceive the psychiatrist.)
In answer to a question by the Investigating Officer, Sadoff stated, "It's rare that I'm asked to see a person to find out whether or not he possessed the mental capacity sufficient to be able or to be capable of such violence." (p 1266) When asked could the accused have killed his wife Colette if Colette had first killed the children the witness stated, "I don't think its a great likelihood" (p 1266), and later, "it's highly unlikely, most extremely unlikely from my examination." (p 1267)
In summary Sadoff does not believe the accused was capable of committing the crimes and if he had the accused would have become psychotic and could not have hidden this fact from the psychiatrist.
Mr. William E. Posey, 505 Mrytle Street, Fayetteville, North Carolina, testified that during January - February, 1970, he lived in Apartment A, 1106 Clark Street, in the Haymount Section of Fayetteville. In the apartment across the driveway from his front door lived three "hippie-type" girls, one of them named Helen (later identified by Ivory as Helena Stoeckley). Posey described Helena as having brunette hair and she normally wore a white hat and had a long stringy blond wig. Posey stated the three girls lived there approximately three months and he would see Helen a couple times a day. During this period the girls had many (up to 30) living or visiting with them to include soldiers and one Negro.
On 16 February, at approximately 2300 hours, Posey went to sleep and awakened about 0345 to 0430 hours, 17 February, to go to the bathroom. At that time he " heard a car next whip in real fast" (p 1298) in the driveway. Posey heard laughing and giggling so he walked to his front door. He saw Helen get out of a Mach 1 Mustang, without a hat, and walk rapidly into her apartment with "something in her hand." (p 1299) Judging by the sounds, the car contained at least two males. After Helen got out the car drove away. Previously, Posey had seen a blue Mach 1 Mustang at the girl's apartment, driven by a neat appearing male approximately six foot tall who had a mustache.
Posey awakened his wife to show her that the other two girls in the apartment were painting designs on the walls and floor at that unusual time of the morning.
Approximately a week or two later Posey had an occasion to talk to Paul Bowman, a friend of both Posey and the girls. They were talking outside when Helen came up to them and stated that the police had questioned her several times, apparently shortly after the MacDonald murders, concerning her whereabouts on the morning of 17 February. Helen stated she could not remember where she had been because she was "stoned" on mescaline. She only recalled riding around that evening. She said she threw her boots away because they had a broken heel. She also threw away her hat but still had her blond wig. Bowman said Helen needed an alibi and when Posey told them "I can be her alibi because I saw her that morning" (p 1305), Helen "kind of backed off." (p 1305)
On the day of the MacDonald funeral services on Fort Bragg, Posey testified Helen wore a black dress, black shoes, a veil and had a wreath on her door. She stayed in her apartment alone all day. When her boyfriend came by she refused to go out with him. Before this she generally wore purple clothes but after 17 February she always wore black.
Posey stated that Helen had been previously charged with possession of drugs. Most of her friends were in the Army. On one occasion, Posey told the landlord, Mr. Turner, there were many people at the girl's apartment and that they made a lot of noise. Turner came by that same evening and kicked out 10 or 15 guys and girls.
Prior to 17 February Helen was always with her boyfriend but afterwards Posey did not see him until the day of the MacDonald funeral services.
On 11 August, at the request of counsel for the accused, Posey went to the Village Shoppe (in Haymount Hills) to attempt to learn Helen's full name. Posey located her and questioned her about the MacDonald murders. He asked her, "well, did you do it? Were you a part of it?, and she said she doesn't know, just drew a blank, but she didn't think she could kill anyone because she wasn't that type of person." (p 1327-1328. Toward the end of this one hour conversation outside the Shoppe Helen's boyfriend Jim drove up in his 1964-1965 yellow Plymouth. Posey immediately departed. (p 1297-1342)
Mr. John D. Sutton, 110 Spring Avenue, Spring Lake, North Carolina testified that on the evening of 17 February he was in Rick's Lounge on Hay Street opposite the railroad station in Fayetteville. From about 1900-2100 hours he had three or four beers. At about 2100 while standing at the far end (away from the street entrance), he looked at the front door and saw "a girl come in carried a lighted candle, lit, and wearing a floppy hat". (p 1367) She was also wearing pants. With the girl were two white men. Sutton also saw one Negro wearing a fatigue jacket with Sergeant's stripes, standing in the corner of the bar.
Later when Sutton read an account in the Wednesday issue of the local newspaper describing a girl with a floppy hat and a candle, he stated he called a Scottie Sutherland of the CID (unidentified) to report his observations in the lounge. Approximately a week later Sutton contacted the FBI and they stated they had the information.
During his testimony Sutton drew a floor diagram depicting Rick's Lounge and the location and movement of people as he remembered it. See Exhibit G-104 (p 1386-1391)
Mrs. Barbara Daw, 119 LeBlanc, Fort Bragg, North Carolina, testified she is the wife of CW2 Daw. In the summer of 1969, Mr. Daw was stationed in Vietnam and Mrs. Daw resided in Fayetteville. She took in a female boarder. Two of the boarder's male companions (soldiers) were thought by Mrs. Daw to be involved in drug trafficking. She stated they threatened her and her two children named Chris and Kim, and they took her car for their own use.
Mrs. Daw reported this incident to the North Carolina State Bureau of Investigation. Present at the time was a Chaplain (name unknown) from Fort Bragg. She wrote her husband in Vietnam and he returned on emergency leave and remained for reassignment to this area. In November 1969, they moved on post into Corregidor Courts at 119 LeBlanc Street. (p 1392-1410, and 1418-1421)
CW2 Roy Daw, Headquarters Company, 6th Special Forces Group, Fort Bragg, North Carolina, testified he is the husband of Mrs. Daw. In August 1969, Daw received a letter from his wife stating that two men had taken her car and and threatened to kill her and the children. Daw immediately came home on emergency leave. He located one of the two men, Randle Foster. Foster was a soldier terminee from the Special Forces Training Group awaiting reassignment orders. Foster blamed the other individual, Tom McCormick, for everything but did sign a note in the presence of his Commanding officer for $620.00 damage to the Daw car. Foster then departed for Vietnam.
Later, in February of March, 1970, Daw was able to trace the location of McCormick to Vietnam. He was stationed in the same unit as Foster. On 17 February when Daw heard of the murders and noted the similarity of his children's names to that of the MacDonald children, he decided to call the CID. He then reported the incidents of the previous summer. (p 1410-1415, and 1416)
Colonel Rock: The defense called approximately fifteen character witnesses to testify. Because most of it is both lengthy and repetitious, I have decided to present it in summary.
Several civilian and military witnesses testified they observed the accused and his family, both socially and otherwise. Included within this group are: Mrs. Robert Kingston, wife of the former commander of the 3d Special Forces Group at Fort Bragg (p 382-385); Mrs. Carol Butner, whose husband was also a doctor with the 3d Special Forces Group, Fort Bragg (p 1099-1106; Mrs. Jean Morrell, whose husband is also a doctor and former classmate of the accuse in medical school (p 1106-1111); Dr. Fredrick Herter, who was a member of the surgical attending staff while the accused interned at Columbia Presbyterian Hospital (p 1119-1125); Mr. Robert Stern, friends of the MacDonalds (p 1343-1347); COL Robert Kingston, former commanding officer of the 3d Special Forces Group, Fort Bragg (p377-381); CPT and 1LT (Mrs) Richard Thoesen, the MacDonald's sponsors when they first arrived at Fort Bragg (p 1086-1099); CPT Frank Moore, MSC officers who worked with the accused in the 3d and 6th Special Forces Group (p 1111-1119 and 1125-1147); and MSG Leo J. Violetti, the NCOIC of the medical section in which the accused worked. (p 1149-1153) In each case, these witnesses observed a close and loving interfamily relationship. Professionally, he was thought of as both an excellent soldier and physician.
Two medical doctors who went through medical school with the accused and his family also testified. They were Drs Paul Manson (p 1054-1072) and Robert C. McGann. (p 1072-1086) While in medical school, they testified the accused both excelled academically and was a good husband and father. Both observed the accused while he was in Womack during the week 17 - 26 February 1970.
Mrs. Bobbie Sue Evans, a civilian nurse who is employed by the Hamlet Hospital, Hamlet, North Carolina, testified she worked with the accused, to include the 15th of February 1970. She stated he was a good doctor who displayed both compassion and understanding when treating children. (1046-1054)
Miss Marjorie Murdock, an elderly lady from New York, testified she had formerly been a patient of the accused while he was interning in New York. She believed that the accused was one of the most humane doctors that ever treated her during her numerous stays in the hospital. (p 1186-1192)
Mr. Alfred Kassab, the step-father (of 14 years) of Colette testified he had known the accused since age 12 because his step-daughter and the accused began seeing one another at that age. Kassab observed their relationship from that time until the present and formed the opinion that theirs was nothing but a normal happy family situation. Because Kassab was close to Colette, he was of the opinion she could not hide her emotions from him. Kassab related an incident in which the accuse apparently saved Colette's life shortly after the birth of their second child while Colette was in the hospital recovery room. Lastly, he emotionally offered the statement that he would still want the accused as his son-in-law if he had another daughter. (p 1347-1363)
Captain Jeffrey R. MacDonald, Headquarters and Headquarters Company, 6th Special Forces Group, 1st Special Forces, Fort Bragg, North Carolina, testified he is 26 years old and was president of his class and of the student council in high school, a member of various school organizations and a co-captain of both the football and baseball teams. He attended Princeton for premed school on a partial scholarship and attended Northwestern for his medical degree where his class standing was 12th among 164 graduating students. He interned in surgery at Columbia Presbyterian Hospital in New York City. He married Colette in his second year at Princeton and both worked to get him through school and to pay living expenses.
The accused volunteered to come into the United States Army and, in turn for assignment to the Special Forces, arriving at Fort Bragg 29 August 1969. During part of his off-duty time he "moonlighted" at Cape Fear Valley Hospital in Fayetteville, North Carolina, and at the Hamlet Hospital in Hamlet, North Carolina. (p M-9) On Sunday, 15 February, at 0600, the accused began a 24-hour shift at the Hamlet Hospital. He did not see many patients that day, took one short nap during the day and slept approximately six hours that night. He returned to Fort Bragg on Monday morning, 16 February, had breakfast with his family and went to work at the 6th Special Forces Group Surgeon's Office. He had lunch at home, returned to work and at approximately 1600 hours played basketball.
Upon returning home he picked up Kristen and Kimberly and took them to feed their pony. The family ate dinner, prior to 1800 hours because his wife left for class at North Carolina State University at 1815 hours. The accused then put the dinner dishes into the sink and watched TV with the children after them in their pajamas. At approximately 1900 hours he put Kristen to bed with a bottle of milk, returned to the living room floor and fell asleep. Kimberly awakened him so they could watch the TV program "Laugh In" together. At 2100 hours he put Kimberly to bed and returned to watch TV.
Colette returned home between 2130 and 2145 hours, put the milk she had purchased in the refrigerator and changed into her pajamas. She came into the living room and they watched TV and had some routine conversation. The accused thinks Colette may have had a drink (liqueur) and watched part of the Johnny Carson show. He thinks she went to bed around midnight. At some time after his wife had retired, Kristen awoke and the accused refilled her bottle and he heard no more from her. He finished watching the Johnny Carson show and then washed the dishes, using rubber gloves he thinks.
Reference rubber gloves in the kitchen, "she had several kinds around. It was at least two pairs on the kitchen sink. There was a heavy yellow kitchen type of glove and some of the surgeons gloves that I had brought her home." (p M-83)
Next the accused completed reading a Mickey Spillane mystery while listening to a FM station on the stero set. He was wearing his glasses while reading. He cut off the stereo, probably went to the small bathroom off the utility room but did not check the doors to see if they were locked. (p M-85) He stated that a light in the kitchen and one in the hall bathroom were on when he was ready to retire. Lights were left on at night for the children in the event they awakened.
When the accused went to the east bedroom he found Kristen on side of the bed (right side, facing the foot of the bed) asleep. She had wet his side of the bed so he pushed the covers down along Colette and returned Kristen to her own bed. She had her bottle with her at the time she was back in her own room.
Next he obtained an Afghan type blanket and went to the couch in the living room, shortly after 0200 hours, his head to the south end of the couch. His sleep was interrupted by Colette's "Very loud high pitched scream", and then she said "help, help Jeff. Why are they this to me?" (p M-25) He also heard Kimberly screaming, "Daddy, Daddy" over and over. At this time he started to sit up and initially saw three people at the foot of the couch, two white males, one with a thin mustache, and a Negro with an Army field jacket to their right. Next he noticed a person, apparently female, with long blond hair and a light colored large floppy hat. The outline of her face appeared to be lit from underneath. (p M-99) As the Negro was moving towards the accused between the coffee table and couch, he heard the the girl say, "Acid is groovy, kill the pigs", at least twice, and once said something like, "Acid and rain." (p M-27)
The Negro approached the accused with what appeared to be a raised club and swung it, striking the accused on the left arm and left forehead and knocking him back flat on the couch, causing him to literally see stars. (p M-29) He then pushed himself back up again and he partially blocked the next swing of the club as he grabbed the Negro's arm and was holding the club. The accused attempted to get his left foot off the couch for leverage and then the white males began to punch him on the chest, neck and shoulders and suddenly he "got a very sharp pain in my chest, my right chest." (p M-32) He then directed his attention to the two males at the end of the couch.
At this time his pajama top had, in some unknown manner, gotten around his wrists. He grabbed hold of a hand of one of the white assailants and and noticed a blade and realized he was in serious trouble. He is under the impression the hand was covered with a heavy rough grained rubber glove. (p M-98) He attempted to get his hands free and to fend off the assailants when he was again hit by the club, this time in the shoulder. By this time he thinks his left foot was on the floor, his right knee on couch and he was pushing forward into the assailants at the foot of the couch, and last remembers seeing a knee and the top of what he thinks was a boot, probably on the hall stairs or at the end of the hall, and presumes the leg was that of a female. The entire episode took fifteen to thirty seconds in his estimation. (p M-33)
The accused apparently lost consciousness because the next thing he remembers is lying at the living room end of the hall, face down, with his hands under his abdomen and still entwined in the pajama top. His teeth were chattering. His head and chest hurt, and he realized it was very quiet and that the last thing he heard was screaming. He walked to the east bedroom and thinks he turned on the light. When he saw Colette, he took off the pajama top and dropped it; he went to Colette who was leaning against the green chair, removed a knife from her chest and threw it away. He then "probably straightened her out a little bit" (p M-107), and gave her mouth to mouth resuscitation for a few seconds and noticed the air immediately bubbling out of her chest where he could see multiple wounds. He specifically remembers picking up his pajama top, opening it up, and laying it on Colette. He may have covered her with the white "Hilton" towel or something else but does not remember doing so. (p M-109-110)
Next the accused went to Kimberly's room, noticed a lot of blood on her neck and gave mouth to mouth respiration or checked pulses on this first of two trips to her room. (p M-110) He noticed air coming from her chest and then went across the hall to Kristen's room. He checked her pulses and also gave mouth to mouth with the same results. Following this he went into the hallway, felt his head, noticed some blood on his hands and that his chest was bubbling. He then went into the lighted bathroom to check his injuries. He noticed a contusion on his left forehead and, probably because his hands were bloody, washed his hands in the bathroom sink and thinks he dried them with tissues. He then went into the east bedroom again, checked Colette for a pulse, found none, pulled the pajama top down to again look at her wounds and then dialed "0" on the telephone for the operator. (p M-41-42) (In subsequent questioning by government counsel the accused thinks he went directly to the telephone to call and then checked Colette. (p M-114)
He told the operator his name, that there had been stabbings, and that he needed police, MPs and doctors. The operator asked him if the address was on or off post; he replied on post and she said it's an MP matter. Thinking he was getting no assistance from the operator he dropped the phone and then, noting the back door in the utility room was open, walked over to it and looked out but saw nothing of importance.
Next the accused again went to Kimberly's room and to Kristen's room to check the children as it was difficult for his mind to accept what his doctor's training told him was true reference to their injuries and status. He then went down the hall into the kitchen, picked up the phone and heard both male and female voices. He repeated his request for assistance and heard someone say "Make that ASAP from Womack" (p M-122) and thinks he dropped the phone. He thinks he washed his hands again at the kitchen sink either before or after the second telephone call. His next recollection is struggling with an MP who was breathing into his mouth in the east bedroom.
The accused remembers the scene in the east bedroom as being somewhat confused as there were several people (MPs) there, shouts and orders were heard, someone tried to reassure him that everything was okay, but when he looked at Colette he thinks he said "Jesus Christ, look at my wife." (p M-47) He remembers being questioned by several people in bits and pieces as to what happened, who did it, could he recognized the assailants, etcetera, and vaguely remembers falling off the stretcher in the hallway while being removed from the apartment.
The accused described his wounds as he observed them in the hospital noting some small puncture wounds (possibly ice pick type) which were apparently not observed or recorded by the treating physician. Further he states that although he saw investigators and phoned Grebner at various times from 17 February up to and including April 6 he was never asked to view any person or photographs to determine if they resembled the assailants. He states that although several rings were returned to him at his request, there are two he has still not received.
When he went to the CID office on 6 April he was under the impression that Mr. Grebner would act upon his request to release some of his furniture from 544 Castle Drive. He was confused when Mr. Grebner proceeded to read him his rights against self incrimination and when Messrs Grebner, Ivory and Shaw began to question him with a desk light in his face. He states that previously he, "had never sat down with anyone and gone over the chronology, sequence of events or the full story of what had happened" (p M-65), but that, on the contrary, he had been trying to forget what had happened that night. They told him "they felt I had committed the crime." (p M-70)
The accused then related how his attorneys finally, after several previous attempts, convinced him that he should have an artist attempt to draw an approximation of the assailants as he remembered them on 17 February. This was accomplished during a two week recess in the Article 32 hearing. Of the four drawings (Exhibit A-31 female; Exhibit A-36, man with a mustache, Exhibit A-40, man without mustache; and Exhibit A-41, Negro) his recollection is best of the Negro and the white male with the mustache. At this time he also identified Exhibit A-42 (white floppy hat) as being similar to the one the female assailant wore on 17 February.
The accused related how Kristen had been awaking each night for a month or so and would frequently get into bed with her parents or with her sister. As a result sometimes one of the parents would move into Kristen's bed or onto the living room couch or Kimberly would move to Kristen's bed. The accused thought Kristen should be returned to her own bed but Colette didn't mind moving or giving Kristen a bottle if if that was what she wanted. The accused did not consider this an unusual situation as it had occurred with Kimberly when Colette was pregnant with Kristen.
When asked did the situation "cause any particular stress or strain between your wife, what Kristy was doing?", the accused said "absolutely not." (p M-23). He also stated, "you know your own family would never believe your word as a physician - and she said she would bring it up with her professor at the University." (p M-23) When asked if he objected, the accused stated, "Absolutely not, because I knew he was going to say what I said." (p M-23)
Further questioning revealed that the accused loved his wife more than anything in the world, did not consider his children to be more important than his wife, does not think his wife was capable of murdering the children and that he devoted the additional time his Army service afforded him equally to his wife and children. (p M-72) Upon cross examination by government counsel he admitted to sexual contact with a WAC in Texas in December 1969 and very, very infrequently during his marriage. He further stated that these events did not affect his relationship with his wife and that he did not tell her about them. (p M-131)
He stated that when treating drugs addicts in the hospital they would frequently threaten him, as a common bad drug reaction is acute paranoia. On two separate occasions in early January, 1970, he informed a commanding officer and a First Sergeant that he had treated drug abusers from their commands. He denies seeing the paring knives or the ice pick which were introduced into evidence and feels certain they did not come from his residence. (p M-139)
In answer to questions by the Investigating Officer he stated that he has no idea whose hair was on the hair brush found by Colette's body, does not know why small pieces of surgical gloves were found in top sheet from the east bedroom, remembers crying silent tears while going around to the various bedrooms, did not pull the covers from the bed in the east bedroom, has the impression the hands of some assailants he grabbed were covered with heavier than surgical rubber gloves, does not remember checking the utility room rear entrance door to see if it was locked (assuming he used the small bath to brush his teeth), did not hear any furniture overturned during the struggle and, when asked, "did you murder Colette and your children?" replied, "No, sir." (p M-160) (p M-1 through 160 and 1650-1654)
Mr. James G. Judson, Post Office Box 5555, Spring Lake, North Carolina, testified that on 17 February 1970 he was working as a Provost Marshal Investigator. He accompanied Park to interview residents living on North Dougherty Street in Corregidor Courts.
Judson was present when Park questioned the Caspers and Park made notes. Judson remembered Lt Casper saying he retired at 2230 hours, but, prior to retiring, he had heard some kids running up and down outside between the hours of 1900 and 2100. (p 1460-1463)
SSG David L. Weiss, 125th Military police Detachment (CI), Fort Bragg, North Carolina, testified he was on duty on 17 February as the senior investigator of the Provost Marshal Investigation Section at Fort Bragg. During the morning hours of that day SP4 Mica stopped Weiss in the hallway of the Provost's Marshal's Office to pass on information relating to a female he (Mica) had observed white en route to the MacDonald residence as a result of the initial radio call.
Weiss stated Mica described the female as dressed in a raincoat with a rain bonnet and 5' 6" in height with either light brown or blond hair. She was not wearing boots and she did have good looking legs. (p 1433-1441)
Mr. Vernon C. Park, Pelham, North Carolina, testified that on 17 February 1970, he worked as the operations sergeant for the Provost Marshal Investigation Section. Between the hours of 1700 and 1915 on 17 February he and SGT Judson queried residents who were home and residing on North Dougherty Street in Corregidor Courts to determine if they had seen or heard anything unusual on the night of 16 - 17 February.
Park stated he questioned LT and Mrs. Casper at their apartment front door. Lt Casper said he had gone to bed about 2230 hours. During the course of the evening between 1900 and 2130 he heard some running foot steps and that they belonged to some children in the neighborhood.
Park asked Mrs. Casper if she had anything to add and also "Did you wake up during the night?", and she answered no to both questions. (p 1441-1459)
Dr. Russell S. Fisher, 111 Penn Street, Baltimore, Maryland, testified he is a pathologist of some years experience who interviewed the doctors who initially treated the accused. Fisher also spoke with the attending surgeon. Fisher also examined the medical records of the accused and, in the hearing room, examined his upper torso to determine the exact location of the wound that caused the pneumothorax.
Fisher stated that all of the accused's injuries could have been self-inflicted. He did not consider the head wound to be of significance. In Fisher's opinion, the stab wound that produced the pneumothorax, if shallow, would not be serious if treated, "but if you enter a couple of inched you are going to get in the diaphragm and into the liver." (p 1496) Fisher further testified that when a knife is inserted two to four inches in that area (area of the accused's chest wound), then (that) makes it a serious business". (p 1498) (p 1463-1504)
SP7 William F. Ivory, 503d Military Police Battalion, Fort Bragg, North Carolina who has previously testified. This current testimony relates to two separate interviews Ivory had with Helena Stoeckley, the first occurring in the offices of the Fayetteville Police Department, and the second some days/weeks later in the Cumberland County Jail. The first interview lasted approximately one hour, the second one-half to one hour. Answers to the same type questions during the second interview was basically the same as during the initial interview. (Apparently no attempt was made to check out the details of her first interview for inaccuracies prior to the second interview.)
(IO's Note - Stoeckley was interviewed by the CID as a result of prior Article 32 testimony by Posey who testified that he had seen Stoeckley return home at approximately 0400 hours on 17 February 1970 in a Mustang car with some other people. Posey further testified he was told that Stoeckley had no alibi for her whereabouts during the early morning hours of 17 February and also that he [Posey] had seen her sitting on the front steps of her apartment dressed in black and with a wreath on the front door on the date the MacDonald funeral services were held at Fort Bragg.)
Stoeckley, a red head, told Ivory she remembers driving out alone and returning alone (departing after midnight and returning about 0400 hours) on 17 February in a blue Mustang owned by a white male named Bruce described as about 20, a former soldier and has dark hair. She was "on marihuana", left the house (apartment) sometime after midnight, "just driving aimlessly" (p 1521), and because she was taking marihuana, she cannot remember her whereabouts for those four hours. She stated, according to Ivory, that she owned a large floppy hat but gave it away to a person unknown; had black boots but threw them in the trash; occasionally wore a blond wig borrowed from a girl friend (name unknown) which was returned subsequent to 17 February; and she refused an opportunity to testify in court (Article 32 hearing) because she, "didn't want to get involved." (p 1516)
Stoeckley remembers Negroes visiting her apartment on occasion with Eddie being the only name she can recall; when asked was she wearing black clothes on the date of the MacDonald funeral she said, "probably yes." (p 1533) She remembers that the FBI questioned her on 19 February; when asked was she in the MacDonald house on 17 February, she said no and, "She's sure if she had been there she would have known it." (p 1553)
She willingly posed for a photograph (Exhibit G-105) following the first interview but seemed sensitive to Ivory's attempt to take notes of the interview so he took none.
Ivory is of the opinion that the FBI did interview Stoeckley in February (under aliases unknown to Ivory) and that they were apparently satisfied with her alibi (for her whereabouts on 16 - 17 February). He believes that Stoeckley fingerprints were forwarded to the CID Laboratory at Fort Gordon for identification purposes but cannot say under what name or alias.
The Investigating Officer questioned Ivory on a separate matter relating to rubber gloves. Ivory stated he did not see any surgical gloves on the kitchen sink (although MacDonald remembers a pair being there when he washed the dishes on the night of 16 February) nor on the dryer in the utility room. Ivory did see a piece of a surgical glove near the left arm and head area of Colette. (p 1508-1556)
ARTICLE 32 OFFICER
Mrs. Jan Snyder, Route 5, Fairmont, North Carolina, testified she and her husband lived at 306 (7) Castle Drive. On the night of 16 - 17 February she was awakened by a noise (possibly a car) and went to the window. Going down the street was a car with round tail lights. She was unable to recall what time it was, and she does not remember hearing voices or seeing anyone running. She denies ever telling Mr. or Mrs. Chester, her next door neighbors, or others that she saw or heard anyone that evening. (IO Note - This testimony is in direct conflict with that of the Chesters.)
Approximately 1020 hours on February she reported to some investigators who came to her apartment the noise and sighting of the car.
On Sunday immediately following 17 February, Mrs. Snyder and her husband were having breakfast when she looked out the window and saw a car with two young boys. One was holding a gun. She thinks the car was a light colored Buick convertible. Immediately she called the MPs. The person was holding the gun up, he was seated on the passenger side and the car was heading downhill. Mrs. Snyder denies banging on the wall dividing the Snyder and Chester apartments to get assistance from Chester. (IO Note - Parts of her testimony are in direct conflict with that of Mr Chester.) (p 1270-1294)
LTC Bruce H. Bailey, Walter Reed General Hospital, Washington, D. C., testified he is the Chief of Psychiatry Services. In a response to a request by the Investigating Officer, he and two other board certified psychiatrists conducted an examination of the accused. Bailey also utilized the services of Dr. Jonas Rappeport who is a qualified psychiatrist specializing in forensic psychiatry. Bailey was given background briefings by representatives of opposing counsel, had access to a copy of Dr. Sadoff's Article 32 testimony, the accused testimony, results of a clinical psychologist's (Dr. James Mack) testing of the accused, a summary of character witness testimony and finally testimony of witnesses who observed the accused immediately following the murders. CPT Beale, the Article 32 Legal Advisor, hand carried the above listed documents to Bailey.
Bailey stated an electroencephalogram was accomplished on the accused and the reading was normal. He introduced his official report of the psychiatric evaluation. (Exhibit R-1) When asked whether or not the time differential between when when Sadoff saw the accused (two months after the murders) and Bailey saw the accused (six months) affected the accuracy of his diagnosis, Bailey said "I think that the time factor is not significant, no." (p 1561) Bailey stated that each member of his team concurred in the findings as reflected in Exhibit R-1 and that his portion as Chief of the Service did not influence the opinion of the other two doctors involved in the psychiatric evaluation.
Bailey testified the primary question that precedes all others is - "is - or was there any evidence of emotional disease, defect or derangement." (p 1561) Bailey's opinion is that the accused knew right from wrong, was able to adhere to the right, was able to form intent with regard to the specific acts and the accused was able to cooperate in his own defense.
It is the opinion of Bailey and his staff that the answer to the Investigating Officer's "questioning regarding (the accused's) capability to commit a given act (this crime) is not within the realm of the psychiatric expert." (p 1562) Dr. Rappapor "very definitely" (p 1564) agreed with Bailey and his colleagues on that point. However, Bailey report (Exhibit R-1) did state "our answer to the question regarding capability is that it is possible." When asked by the Investigating Officer could this statement be paraphrased by saying "anything's possible", he said "Pretty close to that." (p 1574)
To the Investigating Officer's question concerning the accused's capability to hide this from himself and/or evaluators, Bailey again stated "this is possible - (but) I have no evidence or impression that this was the case in terms of deliberate behavior." (p 1562)
When asked how the accused would handle a sense of frustration in inter-personal relationships within his own family, Bailey pictures him as "working it out on the basketball court or going to the hospital and taking care of a lot of patients." (p 1590) Bailey considers this a normal response. Also, Bailey does not think that the accused's recitation of the events of 17 February was a contrived story.
Bailey further stated "I have the rather strong impression that his (accused's) memory of the 16th and 17th is reconstructed - I consider it highly possible that details, major or minor, as to specifically what happened in the context of that time might well have been different from his - most recently stated under testimony, memory of that time." (p 1595) Later, in elaboration on this point and when asked by counsel what the process was that caused that (the reconstruction of events) Bailey related "the most common process is a very natural one that all of us human beings can experience when we've gone through something that is quite horrible to us. We put it out of our minds. We may tend to deny it. We may tend to restructure it somehow to make sense to us. I'm talking about very natural processes." (p 1597) Bailey was also favorably impressed by the fact that the accused frequently could not give concert answers to questions but would respond with "It must have been this way because that's the way we usually did it." (p 1597) Finally, on this point Bailey thought that it was equally possible that the process of putting horrible details out of one's mind would be natural whether the accused had been the victim or had committed the crimes.
Bailey agreed that there was no evidence that the accused was trying to hide facts from him. (p 1557-1599)
1LT Edwin Casper, Jr., 4th Student Officer Company, Fort Wolters, Texas, testified by conference telephone call that he formerly resided at 334 North Dougherty Street (Corregidor Courts), Fort Bragg. On the night of 16 - 17 February he went to bed approximately 2230 hours; however, his wife stayed up to watch TV. Casper stated the windows in their bedroom were open. Sometime between 2400 and 0300 hours, Casper was awakened and heard what he thought were neighbor's children running up the path and splashing their feet in water. He heard footsteps, laughing and running, probably from two or more people; the first time "seemed like they were running up from North Dougherty towards Bragg Boulevard." (p 1605) He rolled over and went back to sleep. Approximately a half-hour later while half-asleep, Casper heard them a second time, "and it seemed like they ran back the other way." (p 1605)
Casper remembered that the CID questioned him at his home on 17 February, but does not clearly remember his answers to their questions.
(IO's Note - During his testimony Casper, on several occasions, paused for lengthy periods before answering questions. When counsel asked, "Are you conferring with someone as you answer these questions?", his answer was, "Sir, my wife is trying to tell me what happened." (p 1606) (1600-1607)
2LT Joseph L. Paulk was recalled and testified that on 17 February he was the MP Duty Officer. He was instructed by COL Kriwanek to obtain from the accused a description of the assailants. Paulk identified a copy of his notes (Exhibit R-6) of that interview which occurred sometime between 0600 and 0700 hours on 17 February. The interview only lasted five to ten minutes and was conducted on one of the upper floors of Womack Army Hospital. After refreshing his memory by reading the notes, Paulk had nothing to add from memory to the accused's description of the assailants. (p 1608-1612)
SSG William A. Boulware, 118th Military Police Company, Fort Bragg, North Carolina, testified that on the night of 16 - 17 February, he was the Military Police Desk Sergeant on duty at the Provost Marshal Office. At approximately 0342 hours on 17 February he received a telephone call from the chief telephone operator, Fayetteville. She said she had a party on the line she believed lived at Fort Bragg and the party kept uttering, "stabbing, 544 Castle Drive, hurry, 544 Castle, help." (p 1613) Boulware told the radio operator, located behind him, to send a patrol. She transferred the call to Boulware's line and he heard similar words. He then heard a "clinging noise like the phone hitting against the wall or something." (p 1613) He assumed the accused dropped the phone. In approximately a minute he heard a weak whisper, "544 Castle Drive, stabbing, help." (p 1613)
Boulware tried to determine from the accused what had happened but received no response to his question. He told LT Paulk, who was in the building at the time, what he had heard on the phone and also told him he thought it was a domestic disturbance. Paulk departed for the address.
When the first patrol arrived at the residence he heard them call back over the radio and say the front door was locked. Roughly ten minutes elapsed between the last time the witness heard the accused and the arrival of the first patrol. Over the phone Boulware heard someone (MP) say, "We're here now" and "Get us an ambulance over, get a couple." (p 1674) At this time Boulware hung up the phone.
On the radio Boulware heard one patrolman say that there were two bloody bodies there, to get Womack fast and Boulware assumed the MP's partner was inside the house and that he was the one who picked up the phone. Paulk subsequently phoned Boulware and said words to the effect, "We've got three bodies, - I believe they're goners, and thinks the old boy (accused) is still alive. What's holding Womack Up?" (p 1616)
Next an ambulance driver said, over the radio, that he was lost so Boulware dispatched a patrol to guide them to 544 Castle Drive. Also over the radio he heard MP Williams describe the assailants as two male Negroes, one Caucasian and one female wearing a floppy hat. Assuming that all patrols were monitoring this description Boulware instructed them "to stop any suspicious people in the area, fill out interrogation reports and 10 1 7 (bring them in)." (p 1617) At approximately 0400 hours some patrols began to circulate in the Corregidor Courts, Mallonee Village and part of the Anzio Acres housing areas. Several called in and said they had stopped cars and were bringing people in to the Provost Marshal Office. Boulware remembered two sergeants who were getting ready to go to work and one person in a phone booth at Mallonee Village Shopping Center that were subsequently brought in. Boulware assumes that those patrols not permanently assisting at 544 Castle Drive returned to patrolling.
In answer to the question, "Did any of your supervisors instruct you to establish road blocks for purposes of apprehending the alleged assailants?" (p 1618) Boulware answered in the negative.
Later Paulk called Boulware from the hospital and changed the description of the assailants to "one male Negro wearing an Army field jacket with NCO chevrons on the sleeves, two Caucasians, one female. She had on a floppy hat and she was wearing boots." (p-1624) (p 1612-1624)
CW3 Franz J. Grebner was recalled and testified that he is the Chief of the Fort Bragg CID. Primarily he was recalled to explain the administrative delay in the receipt of CID Lab Reports. (See Exhibit G-107 and G-108) At the request of the Investigating Officer, he introduced Colette's pajama top (Exhibit R-7) and Pajama bottom (Exhibit R-8) and the blue top sheet (Exhibit R-9) and multi-colored bedspread (Exhibit R-10) from the east bedroom. (p 1625-1649)
IO's VISITS TO 544 CASTLE DRIVE
As the hearing progressed, it became readily apparent that it would be beneficial for the Investigating Officer to personally view 544 Castle Drive, the MacDonald residence. Two visits were made, the first on 9 July 1970 and the second on 19 August 1970.
On the first visit, the Investigating Officer and his legal Advisor were accompanied by the accused, counsel for both sides, the recorder and Mr. Shaw of the CID. The Investigating Officer generally familiarized himself with the physical layout of the apartment and the contents therein, with the exception of various evidentiary items which had previously been removed and sent to the CID Lab. (p 276-280)
The details of the second visit were announced in the hearing by the Investigating Officer, as follows: "Let the record reflect that during our recess, on 19 August 1970 between the hours of 2100 and 2200 Captain Beale and I were escorted by Mr. Grebner, Chief, CID, Fort Bragg, to revisit 544 Castle Drive. Captain Beale made all arrangements with Mr. Grebner. I specifically instructed him to inform Mr. Grebner that at no time would I discuss the facts of the case with Mr. Grebner or ask any questions. Those instructions were obeyed completely during my visit and Mr. Grebner's sole function was to secure the premises. During my visit I made certain observations as a result of entering all rooms. I now wish to inform counsel for both sides of the relevant observations as follows:Number one, in the utility room I generally noted the titles of the many type books located therein. Number two, I noted the presence of feathers in several rooms. Number three, I read the messages on the several Valentine cards in the dining room. Number four, I measured and noted the height of the ceiling in the living room was the same as the height of the master bedroom ceiling. Number five, I observed that there were no nicks on either the living room ceiling or the ceiling in Kimberly's bedroom. Number six, I saw a few pairs of rubber surgical gloves under the kitchen sink, apparently in their original packaging. Number seven, I simulated the lighting conditions as per the accused's testimony. From a prone position on the couch, the length of which I noted, I was able to discern the facial features of Captain Beale at the end of the couch. The visibility increased considerably when I substituted as my source of light the lamp on the small dining room buffet. Number eight, and finally, I kicked over the coffee table. It struck the side of the rocking chair and came to rest on its edge. Upon my departure from the premises, they were again secured by Mr. Grebner." (p 1425-1426)
Index of exhibits
|E-1||LTC Bruce H. Bailey||XV|
|E-2||SSG William A. Boulware||XV|
|E-3||Dillard O. Browning||V|
|E-5||1LT Edwin Casper||XV|
|E-7||Robert H. Caverly||VII|
|E-8||SP4 Craig Chamberlain||V|
|E-9||John W. Chester||XI|
|E-12||CW2 Cornelius Daw||XII|
|E-13||SGT Robert J. Duffy||III|
|E-14||Bobbie Sue Evans||X|
|E-15||Dr. Russell S. Fisher||XIV|
|E-16||MAJ George E. Gammel||VI|
|E-17||CW3 Franz J. Grebner||IX, XV|
|E-18||CPT William F. Hancock||VI|
|E-19||CW2 Bennie Hawkins||IX|
|E-20||Dr. Fredrick Herter||X|
|E-21||SP7 William F. Ivory||VII, XIV|
|E-22||MAJ Severt Jacobson||VII|
|E-24||CW3 Donald L. Kalin||IV|
|E-27||Colonel Robert Kingston||V|
|E-28||Mrs. Robert Kingston||V|
|E-31||Dr. Paul Manson||X|
|E-32||Dr. Robert McGann||X|
|E-33||MSG Hilyard Medlin||VI|
|E-34||SP4 Kenneth C. Mica||II, X|
|E-35||CPT Frank Moore||X|
|E-37||SP4 Dennis Morris||IV|
|E-39||CPT William P. Neal||IV|
|E-40||SP6 Michael D. Newman||V|
|E-41||Vernon C. Park||XIV|
|E-42||1LT Joseph L. Paulk||I, XV|
|E-44||Dr. Robert L. Sadoff||XI|
|E-45||WO1 Robert B. Shaw||VIII|
|E-48||MAJ William H. Straub||V|
|E-49||John D. Sutton||XII|
|E-50||SGT Richard D. Tevere||III|
|E-51||1LT Mary Thoesen||X|
|E-52||CPT Richard Thoesen||X|
|E-53||MSG Leo J. Violetti||X|
|E-54||SSG David Weiss||XIV|
|E-55||CPT James Williams||X|
|E-56||William G. Wolfgang||XI|
|E-57||CPT Jeffery R. MacDonald||XIII, XV|
|Final arguments by counsel||XVI|
|E-58||Record of previous convictions||I0 Exhibit book|
|E-59||IO's code for lab reports||I0 Exhibit book|
|E-60||IO's request for mental evaluation with endorsement||I0 Exhibit book
|E-61||CID lab report - addendum to
|I0 Exhibit book
|E-62||All other enclosures not listed as an exhibit||With DD form|
|Carol Butner||San Angelo, Texas en route to Okinawa||E-4|
|1LT Edwin Casper||Flight Training School - Fort Wolters Texas||E-5|
|Winnie Casper||400 North 25th Street - Minerals Wells, Texas||E-6|
|Robert H. Caverly||Federal Bureau of Investigation - Fayetteville, N. C.||E-7|
|SP4 Craig Chamberlain||USA Criminal Investigation Lab - Fort Gordon, Georgia||E-8|
|John W. Chester||Post Office Box 767 - Pinehurst, N. C.||E-9|
|Susan Chester||Post Office Box 767 - Pinehurst, N. C.||E-10|
|Barbara Daw||119 LeBlanc - Fort Bragg, N. C.||E-11|
|CW2 Cornelius Daw||HHC, 6th Special Force Group - Fort Bragg, N. C.||E-12|
|SGT Robert J. Duffy||Co. A, 503d Military Police Battalion - Fort Bragg, N. C.||E-13|
|Bobbie Sue Evans||426 Champagne Street - Hamlet, N. C.||E-14|
|MAJ George E. Gammel||Womack Army Hospital - Fort Bragg, N. C.||E-16|
|CW3 Franz J. Grebner||Detachment B. 3d Military Police Gp (CI) - Fort Bragg||E-17|
|CPT William F. Hancock||Womack Army Hospital - Fort Bragg, N. C.||E-18|
|CW0 Bennie Hawkins||HHC, 503d Military Police Battalion - Fort Bragg, N. C.||E-19|
|Dr. Fredrick Herter||Columbia Presbyterian Hospital - New York, New York||E-20|
|SP7 William F. Ivory||503d Military Police Battalion - Fort Bragg, N. C.||E-21|
|MAJ Severt Jacobson||Womack Army Hospital - Fort Bragg, N. C.||E-22
|James G. Judson||Spring Lake Police Department - Spring Lake, N. C.||E-23|
|CW3 Donald L. Kalin||573d Personnel Services Company - Fort Bragg, N. C.||E-24|
|Pamela Kalin||542 Castle Drive - Fort Bragg, N. C.||E-25|
|Alfred Kassab||S22 Bonnie Lane - Stoney Brook, New York, New York||E-26|
|COL Robert Kingston||1st Cavalry Division - Republic of Vietnam||E-27|
|Josephine S. Kingston||2609 Ala' Wai Boulevard - Honolulu, Hawaii||E-28|
|Elizabeth Ann Krystia||301 Spear Drive - Fort Bragg, N. C.||E-29|
|Carolyn Landen||2609 Downs Place - Fayetteville, N. C.||E-30|
|Dr. Paul Manson||1025 Hancock Street - Quincey, Massachusetts||E-31|
|Dr. Robert McGann||9 Hawthorne Street - Boston, Massachusetts||E-32|
|MSC Hilyard Medlin||USA Criminal Investigation lab - Fort Gordon, Georgia||E-33|
|P4 Kenneth C. Mica||Co A, 503d Military Police Battalion - Fort Bragg, N. C.||E-34
|CPT Frank Moore||HHC, USAJFKCENMA||E-35|
|Jean M. Morrell||2615 Gerard Avenue - Evanston, Illinois||E-36|
|SP4 Dennis Morris||Co A, 503d Military Police Battalion - Fort Bragg, N. C.||E-37|
|Marjorie Murdock||S425 W. 21st Street - New York, New York||E-38|
|CPT William P. Neal||Womack Army Hospital - Fort Bragg, N. C.||E-39|
|SP6 Michael D. Newman||Medical Company, Womack Army Hospital
Fort Bragg, N. C.
|Vernon C. Park||Pelham, North Carolina||E-41|
|1LT Joseph L. Paulk||Co C, 503d Military Police Battalion - Fort Bragg, N. C.||E-42
|William E. Posey||505 Mrytle Street - Fayetteville, N. C.||E-43|
|Dr. Robert L. Sadoff||The Benjamin Fox Pavillion - Jenkintown, Pennsylvania||E-44|
|WO1 Robert B. Shaw||Detachment 1, 3d Military Police Gp - Fort Bragg, N. C.||E-45|
|Jan Snyder||Route 3 - Fairmont, North Carolina||E-46|
|Robert K. Stern||1 Great Oaks Road - New Hope, Pennsylvania||E-47|
|MAJ William H. Straub||Womack Army Hospital - Fort Bragg, North Carolina||E-48
|John D. Sutton||110 Spring Avenue - Spring Lake, North Carolina||E-49|
|SGT Richard D. Tevere||Co A, 503d Military Police Battalion - Fort Bragg, N. C.||E-50
|1LT Mary Thoesen||Womack Army Hospital - Fort Bragg, North Carolina||E-51|
|CPT Richard C. Thoesen||HHC, 7th Special Forces Group - Fort Bragg, N. C.||E-52|
|MSG Leo J. Violette||Medical Company, 6th Special Forces Group
Fort Bragg, North Carolina
|SSG David Weiss||Provost Marshal Investigator - Fort Bragg, N. C.||E-54|
|CPT James N. Williams||HHC, 6th Special Forces Group - Fort Bragg, N. C.||E-55|
|William G. Wolfgang||5407 Belmont Drive - Cherry Hills, New Jersey||E-56|
Index to Exhibits G-1 through G-28
|Diagram of floor plan of 544 Castle Drive, Fort Bragg, North Carolina||G-1|
|Copy of defense appeal to CG, Third Army, concerning CPT Thompson's appointment as a counsel for government||G-5|
|Orders appointing CPT Thompson as assistant counsel for government||G-6|
|Preliminary CID Lab Report, Fort Gordon, Georgia, #70||G-7|
|CID Lab Report, Fort Gordon, Georgia #70-R thru R4||G-8|
|CID Lab Report, Fort Gordon, Georgia, #70 - R6||G-9|
|Photo of portion of rug in east bedroom bearing red brown stains||G-12|
|Photo of portion of rug in east bedroom bearing spotty red brown stains||G-13|
|Photo of portion of rug from entrance to east bedroom bearing red brown stains||G-14|
|Photo of east bedroom viewing closet and 5-drawer chest||G-15|
|Photo of top sheet from north bedroom bearing red brown stains||G-16|
|Photo of bath mat bearing red brown stains removed from body of Colette MacDonald||G-17|
|Photo of blue pajama top (front view) bearing red brown stains||G-18|
|Photo of blue pajama top (rear View) bearing red brown stains||G-19|
|Specialist Chamberlain's (CID Lab, Fort Gordon, Georgia) diagram depicting location of evidence and subsequent blood types in east bedroom||G-20|
|Specialist's Chamberlain's (CID lab, Fort Gordon, Georgia) diagram depicting location of evidence and subsequent blood types in north bedroom||G-21|
|Specialist's Chamberlain's (CID lab, Fort Gordon, Georgia) diagram depicting location of evidence and subsequent blood types in south bedroom||G-22|
|Specialist's Chamberlain's (CID lab, Fort Gordon, Georgia) diagram depicting location of evidence and subsequent blood types in hall and bathroom||G-23|
|Specialist's Chamberlain's (CID lab, Fort Gordon, Georgia) diagram depicting location of evidence and subsequent blood types in living room||G-24|
|Specialist's Chamberlain's (CID lab, Fort Gordon, Georgia) diagram depicting location of evidence and subsequent blood types in kitchen and dining room||G-25|
|Change 1 to CID Lab Report, Fort Gordon, Georgia, # R-4||G-26|
|Prefix key and explanation of coding system used by CID Lab, Fort Gordon, Georgia||G-27|
|CID Lab Report, Fort Gordon, Georgia, # R-7||G-28|
Index to Exhibits G-29 through G-56
|Autopsy photo of Colette's breast||G-29|
|Autopsy photo of Colette's upper chest, throat and lower face||G-30|
|Autopsy photo of Colette's face, front view||G-31|
|Autopsy photo of Colette's left arm||G-32|
|Autopsy photo of right side of Kimberly MacDonald's face||G-33|
|Autopsy photo of Kimberly's skull||G-34|
|Autopsy photo of Kimberly from waist area to include head||G-35|
|Autopsy photo of Kristen MacDonald's hand||G-36|
|Autopsy photo of Kristen's body from navel to include face||G-37|
|Autopsy photo of Kristen's back from waist and showing head||G-38|
|Listing of specific location of unidentified finger and palm prints found in 544 Castle Drive||G-39|
|Photo of headboard in east bedroom with letters "PIG" written thereon||G-41|
|Photo of 6-drawer bureau in east bedroom||G-42|
|Photo of Colette's body from left side||G-43|
|Photo of east bedroom showing bed, headboard and partial view of Colette's body||G-44|
|OPhoto (taken from hallway) of east bedroom showing Colette's body||G-45|
|Photo of east bedroom showing Colette's body, night stand and easy chair||G-46|
|Photo depicting close up view of upper portion of Colette's body||G-47|
|Photo of east bedroom showing rug and small knife||G-48|
|Photo of bathroom sink with pink tissue||G-49|
|Photo of Kristen's body in north bedroom||G-50|
|Photo showing closer view of Kristen's body in north bedroom||G-51|
|Photo of Kristen's body in north bedroom||G-52|
|Photo of footprint on floor with black spot in north bedroom||G-53|
|Photo of footprint and green rug in north bedroom||G-54|
|Photo of footprint and tape measure in north bedroom||G-55|
|Photo of bed, shelves and children's toys in north bedroom||G-56|
|Photo of kitchen phone handset dangling on floor||G-57|
Index to Exhibits G-57 through G-91
|Photo of kitchen phone receiver and cord||G-58|
|Photo of spots on kitchen floor||G-59|
|Photo of kitchen which includes blender||G-60|
|Photo of kitchen which includes disk rack||G-61|
|Photo of eye glasses lying on living room floor||G-62|
|Photo depicting close-up view of living room sofa and coffee table||G-63|
|Photo of living room which includes stereo set||G-64|
|Photo of underside of coffee table in living room||G-65|
|Photo of living which includes TV set||G-66|
|Photo of south bedroom showing bed with red brown stains and outline of a child's body||G-67|
|Photo of south bedroom showing left part of child's bed and book stand||G-68|
|Photo of south bedroom showing Kimberly on bed exposing only hair, ear and hand||G-69|
|Photo of south bedroom showing right side view of upper portion of Kimberly's body on bed||G-70|
|Photo of south bedroom taken from hallway showing purple rug||G-71|
|Photo from east bedroom doorway showing entrance to utility room||G-72|
|Photo of area near rear entrance showing small sticks in ground||G-80|
|Photo of ice pick and small knife under bush near rear entrance||G-81|
|Front cover Esquire magazine, March, 1970||G-85|
|Expanded blueprint diagram of living room showing location of blood stains and type blood||G-87|
|Expanded blueprint diagram of dining room showing location of blood stains and type blood||G-88|
|Expanded blueprint diagram of kitchen showing location of blood stains and type blood||G-89|
|Expanded blueprint diagram of hallway showing location of blood stains and type blood||G-90|
|Expanded blueprint diagram of south bedroom showing location of blood stains and type blood||G-91|
Index to Exhibits G-92 through G-117
|Expanded blueprint diagram of north bedroom showing location of blood stains and type blood||G-92|
|Expanded blueprint diagram of bathroom and hall closet showing location of blood stains and type blood||G-93|
|Expanded blueprint diagram of east bedroom showing location of blood stains and type blood||G-94|
|Expanded blueprint diagram of utility room showing location of blood stains and type blood||G-95|
|Expanded blueprint diagram of utility bathroom showing location of blood stains and type blood||G-96|
|Ophthalmologic evaluation and spectacles prescription of accused||G-97|
|International certificate of vaccination with blood group of accused||G-98|
|Page 116 of March, 1970, issue of Esquire magazine||G-100|
|Transcript of 35 page morning interview with accused on 6 April 1970||G-101|
|Transcript of 38 page afternoon interview with accused on 6 April 1970||G-102|
|Stipulation of fact between opposing counsel concerning the 6 April 1970 interview||G-103|
|Sketch of interior of Rick's Lounge, Fayetteville, North Carolina||G-104|
|Police photo of Helena Stoeckley||G-105|
|Police photo of unknown male with small mustache||G-106|
|CID lab report, Fort Gordon, Georgia, # R-11 (hair samples)||G-107|
|CID lab report, Fort Gordon, Georgia, # addendum to R-11 (hair samples)||G-108|
|Letter from CPT Somers to CID lab, dated 25, August 1970, concerning lab report # R-11||G-109|
|Medical publications of Dr. Fisher||G-110|
|CID interview worksheet on E. G. Casper||G-112|
|FBI fingerprint report, dated 26 August 1970, with endorsement to IO's request for same||G-113|
|CID lab report, Fort Gordon, Georgia, # R-13 (date returned 19 August 1970)||G-114|
|CID lab report, Fort Gordon, Georgia, # R-10 (date returned 22 August 1970)||G-115|
|CID lab report, Fort Gordon, Georgia, # R-10, R-12 and R-13 (date returned 19 August 1970)||G-116|
|CID lab report, Fort Gordon, Georgia, # R-15 (date returned 2 September 1970)||G-117|
Index to Exhibits A-1 through A-27
|Accused's request that CPT Thompson be made available as a defense counsel and the denial of same||A-1|
|Accused's request that 2LT Michael J. Malley be made available as defense counsel||A-2|
|Letter requesting LT Malley addressed to Chief, Personnel Operations
Washington, D. C.
|Small floor plan diagram of 544 Castle Drive||A-4|
|Photo of Colette in east bedroom||A-5|
|Photo of Colette in east bedroom||A-6|
|Photo of portion of living room and hallway||A-7|
|Photo of living room showing overturned coffee table||A-8|
|Photo of living room showing coffee table and couch||A-9|
|Photo of east bedroom showing bureau with telephone||A-10|
|Photo of Kristen in north bed room||A-11|
|Photo of Kristen in north bedroom, from different angle||A-12|
|Photo of east bedroom showing chair, bureau and telephone||A-13|
|Photo of living room and portion of hall and dining room||A-14|
|Photo of hallway looking towards east bedroom||A-15|
|Photo of Colette which includes edge of bed and chair||A-17|
|Photo of south wall of east bedroom showing left side of bureau||A-18|
|True Police magazine photo of photographer taking a picture of bush and scene outside MacDonald house||A-19|
|Photo of rear entrance to 544 Castle Drive||A-20|
|Photo of stick||A-21|
|Photo of bush on northeast corner of 544 Castle Drive||A-22|
|Close up photo of Kimberly in south bedroom||A-23|
|Photo of floor of east bedroom to include hair brush||A-24|
|Autopsy report on Colette||A-25|
|Autopsy report on Kimberly||A-26|
|Autopsy report on Kristen||A-27|
Index to Exhibits A-28 through A-44, R-1, R-2, E-59 and E-60
|Medical records of accused while at Womack Army Hospital 17 - 26 February 70||A-28|
|Page 68, Gray's Anatomy, 28th ed., showing lung design||A-29|
|Photo of dining room||A-30|
|Artist's drawing of young female in floppy hat||A-31|
|Diagram of location of unknown woman seen at corner of Honeycutt and Lucas on 17 February 1970, prepared by SP4 Mica||A-32|
|Christmas card from Colette to the Morrells||A-33|
|Sketch of area surrounding 306 Castle Drive prepared by Mr. J. Chester||A-34|
|Curriculum vitae of Dr. Robert L. Sadoff||A-35|
|Artist's drawing of man with mustache||A-36|
|Illustration of Mustang MACH 1||A-37|
|Christmas card from Colette to the Sterns||A-38|
|CID interview worksheet with Janet Snyder||A-39|
|Artist's drawing of Caucasian male||A-40|
|Artist's drawing of Negro male||A-41|
|LT Malley's orders to Vietnam||A-44|
|Walter Reed General Hospital Mental Hygiene Report on accused||R-1|
|Curriculum vitae of LTC Bruce H. Bailey||R-2|
|Investigating officer's code used to interpret CID lab reports||E-59|
|Investigating Officer's request for mental evaluation of accused with endorsement||E-60|
Index to Exhibit list numbered 1 through 14
|1||544 Castle Drive, Fort Bragg, North Carolina, and the contents therein|
|2||One (1) white bath towel with word "Hilton" and red brown stains(Exhibit G-73)|
|3||Blue pajama top which is torn and has red brown stains(Exhibit G-74)|
|4||Pocket from blue pajama top(Exhibit G-75)|
|5||Wooden stick approximately 30 inches x 1 1/2 inches x 1 1/2 inches(Exhibit G-79)|
|6||"Old Hickory" brand paring knife(Exhibit G-82)|
|7||White handled ice pick(Exhibit G-83)|
|8||Small paring knife marked "Stainless - Geneva Forge", with bent blade(Exhibit G-84)|
|9||Piece of board, split at one end, with white paint marks(Exhibit G-86)|
|10||Sample of floppy hat(Exhibit A-42)|
|11||Pajama top of Colette(Exhibit R-7)|
|12||Pajama bottoms of Colette(Exhibit R-8)|
|13||Blue top sheet from bed in east bedroom(Exhibit R-9)|
|14||Multi-colored bedspread from bed in east bedroom(Exhibit R-10)|