Court Records

December 21, 1984

United States District Court
Eastern District of North Carolina

Motion by Jeffrey MacDonald For Reconsideration Of Defendant's Motion To Recuse


Brian O'Neill
Myrna K. Greenberg
Brian O'Neill
A Professional Corporation
1137 Second Street, Suite 106
Santa Monica, California 90403
(213) 451-5515

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

Attorneys for Defendant

v. NO. 79-5253
Motion For Reconsideration Of Defendant's
Motion To Recuse
Defendant respectfully requests the Court to reconsider its ruling of October 1, 1984 denying the defendant's recusal motion. The Defendant's motion was based in large upon information as to the extent of the involvement of former Assistant United States Attorney Jimmie C. Proctor in the case. That information had been provided by Mr. Proctor to a defense investigator.

In part, the Court's earlier order was premised upon the finding that Mr. Proctor's "involvement would not be sufficient grounds for recusal" (pg. 10 of October 1, 1984 Order ) and the Court's finding "that Proctor's role in the case was limited to representing Agent Caverly at the Article 32 hearing and assisting FBI and CID investigators in the case." (pg. 11 of October 1, 1984 Order).

This motion for reconsideration is based upon recently discovered information that Mr. Proctor had far more extensive involvement in the case than he has previously represented

Mr. Proctor recently made a statement to a reporter for the Fuquay-Varina, North Carolina newspaper "The Independent" which was published in November 28, 1984 edition of "The Independent." A true and correct copy of the article reporting Mr. Proctor's interview is attached hereto and offered in support of this motion pursuant to Federal Rule of Evidence 902 (6).

Mr. Proctor's recent statement discloses that his office together with the FBI and CID "continued to follow up every lead." Mr. Proctor states that he talked to Helena Stoeckley and had her take a polygraph examination. In addition, Mr. Proctor states that he went "to Washington every two to three weeks, taking new evidence. He talked with Victor Woerheide, Justice Department prosecutor, and convinced him that he had a case against MacDonald." Finally, Mr. Proctor states that in an effort to obtain approval to prosecute the case, "begged, pleaded, even threatened to resign."

This motion for reconsideration is made in order to offer the Court the opportunity to consider this new evidence of Mr. Proctor's involvement in the case and advocacy of Dr. MacDonald's prosecution.

Dated: December 21, 1984

Respectfully submitted,

/Brian O'Neill/
/Myrna K. Greenberg/
Brian O'Neill
A Professional Corporation

By: /Wade M. Smith/
Wade M. Smith

Attorneys for the Defendant