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Court Records


July 6, 1979

United States District Court
Eastern District of North Carolina

Government Motion requesting an order to allow Jeffrey MacDonald to examine blood stains and fibers, subject to conditions
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA : Criminal No. 75-26-CR-3
V. : Civil No. 84-41-CIV-3
JEFFREY R. MACDONALD :
The United States of America, by and through the United States Attorney for the Eastern District of North Carolina, hereby moves that this Court enter an order allowing the defendant, Jeffrey R. MacDonald, to examine blood stains and also microscopically examine fibers that are connected with the physical evidence in this case subject to the following conditions:
1.  That the defendant only be allowed to utilize the absorption elution method for the detection of the antigens A, B, and H, in any of the dried blood stains.
2.  That the defendant not cut or dissolve, or in any way disfigure any portion of any bloodstain, which the government maintains in good faith, is either a fabric impression, contact print, or, in the case of the defendant's blue pajama top, is either on the torn edges or punctured areas of the garment.
3.  That prior to any blood testing, the blood soaked portions of the clothing of Colette, Kimberly, and Kristen MacDonald shall be tested for the presence of antigens, and if no antigens for the known blood groups of the respective victims (that is, A for Colette; AB for Kimberly; and H for Kristen) are detected, then no further blood testing shall be performed.
4.  That should the defendant desire to test any portion removed from the rug in the master bedroom, it shall test all such portions.
5.  That all blood testing shall be limited to verification of CID blood findings by examination of a reasonable portion of the unconsumed residual area of the blood stain cuttings previously numbered by the CID chemist on the particular exhibit.
6.  That, if available, prior cuttings contained in vials identifiable by exhibit number designation, shall be used in lieu of new cuttings and that each party shall agree to the authenticity of the cuttings in the vial.
7.  That no testimony will be adduced by the defendant nor contention made which is based on the failure to detect a specific antigen or antigens.
8.  That the defendant shall be permitted to test those cuttings which it obtains in its laboratory facilities to California.
9.  That the defendant shall not be permitted to open any sealed vial, pill box, or other container having within it certain fibers, unless the defendant agrees in writing to waive proof of chain of custody for the period between analysis and sealing and introduction into evidence.
10.  That the defendant shall not mount any fiber specimens on slides in the absence of a binding written agreement as to the authenticity and chain of custody of that specimen, and no fiber shall be destroyed by solubility testing in the absence of a binding written agreement as to the number of threads or yarns previously contained in any particular vial which is utilized, and
11.  That all tests, relating to blood and otherwise covered by the scope of this notion, shall be filed with the Court and hand delivered to the government counsel by noon of July 12. 1979.

Respectfully submitted,

GEORGE M. ANDERSON
United States Attorney

By: /James L. Blackburn/
JAMES L. BLACKBURN
First Assistant United States Attorney


/Brian M. Murtagh/
BRIAN M. MURTAGH
Attorney
United States Department of Justice
Washington, D. C.



CERTIFICATE OF SERVICE

    This is to certify that a copy of the foregoing Motion Relating to Blood Testing and Microscopic Examination of Fibers has been served upon Counsel for Defendant by placing a copy of same in the United States mail in a postpaid envelope, addressed as follows:

Mr. Wade M. Smith, Attorney at Law
PO Box 1151
Raleigh, North Carolina 27602

    This, the 6th day of July, 1979.

/James Blackburn/
 
James Blackburn
 
First Assistant United States Attorney