Court Records


September 5, 1984

United States District Court
Eastern District of North Carolina

Addendum to Reply to Government's Opposition to Motion to Vacate Sentence, re: August 13, 1979 Psychiatric and Psychological Examinations and Testing of Jeffrey MacDonald by Drs. Brussel and Silverman

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA, plaintiff :
VS. : No. 75-26-CR-3
JEFFREY R. MACDONALD, defendant :
ADDENDUM TO REPLY TO GOVERNMENT'S OPPOSITION
TO MOTION TO VACATE SENTENCE


NOW COMES Defendant, Jeffrey R MacDonald, and respectfully offers Addendum to Reply to Government's Opposition to Vacate Sentence filed in the office of the Clerk for the United States District Court, Eastern District of North Carolina, Raleigh Division, on the 24th day of August, 1984.

The Addendum is as follows:

(1) The Declaration of Bernard L. Segal (#1).

The following Addendum to Reply to Government's Opposition to Motion to Vacate Sentence is hereby respectfully submitted.

This, the 5th day of September, 1984.

/Wade M. Smith/
Wade M. Smith
Tharrington, Smith & Hargrove
300 BB&T Building
Post Office Box 1151
Raleigh, North Carolina 27602
(919) 821-4711


DECLARATION OF BERNARD L. SEGAL #1

I, Bernard L. Segal, declare as follows:

(1) I am an attorney at law. In 1979 I represented Dr. Jeffrey R. MacDonald in the criminal case captioned United States v. MacDonald, Case No. 75-26-Cr-3 in the United States District Court for the Eastern District of North Carolina.

(2) My co-counsel at that trial were Wade M. Smith of Raleigh, North Carolina and Michael J. Malley of Phoenix, Arizona.

(3) During the trial, on the evening of August 13, 1979, as a precondition to the court considering the admission of defense psychiatric testimony, Dr. Jeffrey R. MacDonald submitted to a psychiatric examination conducted by Dr. James Brussel, psychiatrist, and psychological examination and testing by Dr. Hirsch Silverman, psychologist, who had been selected by the government to perform the examinations.

(4) The examination took place in the law offices of Wade M. Smith.

(5) On the evening of August 13, 1979, I accompanied Dr. MacDonald to Wade Smith's offices. Before Dr. MacDonald, Dr. Silverman and Dr. Brussel left the reception area to go into the private offices to conduct the examination, I spoke with both Dr. Silverman and Dr. Brussel. At that time I had them both read and agree to confidentiality agreements. I stood with the doctors as they read the confidentiality agreements and each stated they understood and accepted the terms. Dr. Brussel and Dr. Silverman then escorted Dr. MacDonald into a private office to conduct the interviews and they closed the door.

(6) I remained in the reception room within ten feet of the door of the private office for the entire time that Dr. Silverman, Dr. Brussel and Dr. MacDonald remained in the office for the interviews.

(7) I saw Dr. Silverman walk into the office with Dr. MacDonald and I did not see him exit the office until the conclusion of the interviews with Dr. MacDonald, Dr. Brussel and Dr. Silverman walked out together.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 28 day of August, 1984 at San Francisco, California

/Bernard L. Segal/
Bernard L. Segal