Court Records


July 11, 1979

United States District Court
Eastern District of North Carolina

Order allowing Jeffrey MacDonald to examine blood stains and fibers, subject to conditions

Scans of original transcript
July 11, 1979: United States District Court, EDNC: Order allowing Jeffrey MacDonald to examine blood stains and fibers, subject to conditions, p. 1 of 2
July 11, 1979: United States District Court, EDNC: Order allowing Jeffrey MacDonald to examine blood stains and fibers, subject to conditions, p. 1 of 2
July 11, 1979: United States District Court, EDNC: Order allowing Jeffrey MacDonald to examine blood stains and fibers, subject to conditions, p. 2 of 2
July 11, 1979: United States District Court, EDNC: Order allowing Jeffrey MacDonald to examine blood stains and fibers, subject to conditions, p. 2 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FAYETTEVILLE DIVISION

UNITED STATES OF AMERICA, )
Plaintiff. ) NO. 75-26-CR-3
)
VS. ) O R D E R
)
JEFFREY R. MACDONALD )
Defendant )
)
The United States has moved that the court enter an order allowing the defendant, Jeffrey R. MacDonald, to examine blood stains and fibers that are connected with the physical evidence in this case subject to certain conditions.  The defendant has responded agreeing to some of the government's conditions and objecting to others, whereupon it is now
ORDERED:
1.  That in making examinations of dried blood stains the defendant shall be allowed to utilize the absorption elution method only for the detection of the antigens A, B and H.
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 the defense shall be permitted to test those cuttings which it obtains in its laboratory facilities in California.
8.  That the defendant shall be permitted to visually examine the contents of any sealed vial, pill box, or other container having within it certain fibers which the government proposes to introduce in evidence.
9.  That the results of all tests, relating to blood and otherwise covered by the scope of this order, shall be filed with the court and hand-delivered to the government counsel by 9:00 a.m. on July 17, 1979.


 
/F. T. Dupree, Jr./
 
F. T. DUPREE, JR.
 
UNITED STATES DISTRICT JUDGE
 
 

July 11, 1979
[illegible]
United States District Court
Eastern District of North Carolina

By: /[illegible]/
Deputy Clerk