Court Records


June 13, 1979

United States District Court
Eastern District of North Carolina

Motion of Defendant for Pretrial Discovery

Scans of original transcript
June 13, 1979: Motion of Defendant for Pretrial Discovery, p. 1 of 2
June 13, 1979: Motion of Defendant for Pretrial Discovery, p. 1 of 2
June 13, 1979: Motion of Defendant for Pretrial Discovery, p. 2 of 2
June 13, 1979: Motion of Defendant for Pretrial Discovery, p. 2 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA, ) CRIMINAL NO. 75-26-CR-3
Plaintiff. )
)
)
v. ) MOTION OF DEFENDANT
) FOR PRETRIAL DISCOVERY
JEFFREY R. MACDONALD )
Defendant. )
)
TO THE HONORABLE FRANKLIN T. DUPREE, JR., JUDGE OF SAID COURT:

The Defendant, Jeffrey R. MacDonald, by his attorneys, moves the Court for an order compelling the Government to produce prior to the beginning of trial the following documents and information which are relevant and necessary to his defense:
1.  Full and complete transcripts of all witnesses who testified before the grand jury which returned the present indictments, if those transcripts have not already been furnished to the Defendant.
Such transcripts may include information helpful to the defense, and may result in the discovery by the Defendant of witnesses necessary for an adequate defense. Moreover, it will include witnesses who may testify on behalf of the defense and whose recollection may need to be refreshed because of the long passage of time between grand jury testimony and testimony at time of trial.
2.  The current addresses of all witnesses who appeared before the Article 32 Investigation held in 1970 at Fort Bragg, North Carolina, and an indication whether or not the Government has itself subpoenaed such persons to attend trial in this matter.
3.  To the extent not previously furnished, all information in the Government's possession which is of an exculpatory nature, including, but not limited to, recent reports by citizens of possible suspects, police and other investigatory files of possible suspects.
4.  A full and complete copy of the reported thirteen (13) volume reinvestigation of the crimes involved in this case, which investigation was represented by Government counsel to several courts, including the Supreme Court, to have been completed by the Army CID in July, 1972, and forwarded to various civilian governmental authorities, including but not limited to the United States Attorney for the Eastern District of North Carolina, and the Department of Justice General Crimes Section.
5.  A 54-page memorandum written in 1973 to the Department of Justice by former United States Attorney Thomas McNamara, and other Justice Department memoranda, evaluating strengths and weaknesses of the Government case (the existence of which was admitted by the Government in response to Defendant's request for information under the Freedom of Information Act). Since such memoranda evaluate government weaknesses, all facts surrounding such weaknesses are necessary, relevant, and discoverable by the Defendant.


Dated:   June 13, 1979
 
Respectfully submitted,
 
 
 
 
By: 
/Bernard L. Segal/
 
 
Bernard L. Segal, Esquire
 
 
Post Office 1151
 
 
Raleigh, North Carolina  27602
 
 
Attorney for Defendant
 
 
JEFFREY R. MACDONALD
 
 
 
 
 
and with him
 
 
 
 
By: 
/Wade M. Smith/
 
 
Wade M. Smith, Esquire
 
 
Tharrington, Smith & Hargrove
 
 
Post Office 1151
 
 
Raleigh, North Carolina  27602