Article 32 Hearing
Volume 3

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(Sergeant Richard D. Tevere was called as a witness by the government, was sworn, and testified as follows.)

Questions by CPT SOMERS:
Q  Would you state your full name, please?
A  Richard Dennis Tevere.
Q  Your grade?
A  Sergeant E-5.
Q  Your organization?
A  Company A, 503d MP Battalion.
Q  Your station?
A  Fort Bragg, North Carolina.
Q  Your armed forces?
A  U.S. Army.
Q  What were your duties on the evening of 16 and 17 February of this year?
A  Military Police Patrolman.
Q  And what were you doing specifically?
A  Patrolling Fort Bragg.
Q  Was this in a vehicle?
A  In a M151 jeep.
Q  Did you have an occasion to be directed to go to the Castle Drive address?
A  Yes, I did.
Q  Would you tell us how that came about?
A  It was a radio transmission to the effect that it was a domestic disturbance on Castle Drive.
Q  And as a result of that, what did you do?
A  I proceeded to 544 Castle Drive.

CPT SOMERS:  I believe this will be Government Exhibit 4, will it not?

COL ROCK:  Affirmative.

CPT SOMERS:  This is the statement that you have requested, that the investigating officer requested I provide the witness.

COL ROCK:  Yes.

(Government Exhibit 4 was shown to Mr. Segal and handed to the witness.)

Q  Sergeant Tevere, I hand you what has been marked as Government Exhibit 4 and ask you to examine or tell me if you can what it is?
A  This is the statement that I wrote the morning of 17 February in Colonel Kriwanek's office.
Q  That is your statement?
A  Yes, it is.
Q  It is provided to you to serve to refresh your memory if necessary.  Now to pick up with the train again.  You did proceed to Castle Drive, did you?
A  Yes, sir.
Q  And what did you do when you arrived at your destination?
A  I went to 544 Castle Drive and found several MP's at the steps of the above location trying to get into the house, the front door of the house.
Q  Now what were they doing to try to get in the front door?
A  They were banging on the front door.
Q  What did you do when you pulled up?
A  I stood at the foot of the steps at 544 Castle Drive and I was observing them trying to get into the house.
Q  I see.  What did you next do?
A  I was then told to go around the back of the house and check to see if I could get in the back door of that same house.
Q  Do you remember who told you that?
A  I believe it was Lieutenant Paulk, the MP duty officer.
Q  And did you do that?
A  Yes, sir.
Q  Would you describe that for us, please?
A  I got a flashlight from one of the other MP's and proceeded around the back of 544 Castle Drive.
Q  What did you find there?
A  When I got around the back of the house I found the back door open with the screen door closed to the back of 544 Castle Drive.
Q  What did you do?
A  I opened the screen door and proceeded into the master bedroom at 544 Castle Drive.
Q  Did you stay there or did you leave?
A  I got about two feet into the bedroom and observed Captain and Mrs. MacDonald -- a man and a lady on the floor.  I immediately ran back out of the house, out the back door.
Q  Where did you go?
A  I started to run back around to the front of the house.  I got about half way and I was calling for help of the other MP's.
Q  What were your words?  Do you remember?
A  I said, "Let's get some other MP's back here.  I believe somebody has been stabbed."
Q  And anything else?
A  No.
Q  Where did you go then?
A  I then proceeded back through the screen door again back into the house.
Q  Now to the best of your knowledge, did anybody precede you into the house?
A  Nobody.
Q  And the second time you went in there that you've described to us, was there someone ahead of you at that time?
A  No there was not.
Q  What did you do when you went into the house?
A  I entered the house with my pistol drawn and proceeded up to Captain MacDonald who appeared to have been unconscious, in a state of semi-consciousness.
Q  Now what were the lighting conditions in that bedroom?
A  In the bedroom there was a small light on.  I didn't need my flashlight.
Q  There was a light on?
A  There was.
Q  Was that light on when you first looked in that room?
A  Yes, sir, it was.
Q  Did anyone follow you in that room?
A  Yes, another MP, two MP's I believe.
Q  Did you say anything to them or give any instructions?
A  Yes, I -- the first thing I said was, when I put a round in the chamber the fellow behind me also did, and I told him to watch his pistol because he was behind me, and I also told him not to touch anything, bouncing off the walls, watch where you walk and watch where you touch.  I said it several times.
Q  Did you see any foreign material of this sort on the floor of the bedroom?
A  Yes, I did.
Q  Would you describe that?
A  I saw blood on the floor of the bedroom.
Q  Blood, you say?
A  Yes, blood stains.
Q  Did you see any mud or grass or wet spots, water spots or anything of that nature on that floor?
A  No, I did not.
Q  But you could see blood?
A  Right.
Q  What did you then do after you had gone to Captain MacDonald's side?
A  Well, Specialist Four Mica and myself started to talk to Captain MacDonald and I -- he stated that he wanted to check on his children, and also stated he wanted to check the pulse in his wife's leg.
Q  He wanted to?
A  He told us to check the pulse in his wife's leg and to check on his children.
Q  What did you do?
A  I then got up and I proceeded to the bedrooms which were to the left of the master bedroom.
Q  You mean down the hall?
A  Yes.
Q  Can you see this diagram that's marked Government Exhibit 1?
A  Yes.
Q  Would you walk up to it, please?

(Witness complied.)

Q  Now you say you proceeded to the bedroom.  Would you point out the bedroom you were in?
A  This bedroom here.
Q  That's the bedroom that's marked the front bedroom on that chart?
A  Yes, sir.
Q  What did you do then?
A  I got about two steps into the bedroom and I shined a light on the bed, the child was sleeping in.  It appeared that she had been stabbed several times.  I couldn't see too much of her because it was dark in the room.
Q  Okay, then what did you do?
A  I came out of this bedroom and went to the doorway of the rear bedroom right here.  I stood right in the doorway here.  I again shined my light towards another child who appeared to have been beaten and stabbed.  There was a big puddle of blood here on the floor.
Q  What did you do next?
A  I proceeded back to the doorway of the bedroom here where I saw the MP duty officer and several others, several other MP's.
Q  What were they doing?
A  The duty officer was standing right here with his clipboard.
Q  You've indicated a point which is close to the -- close to the north west closet door, perhaps three or four feet in front of it?
A  That's correct.
Q  Okay.
A  And Specialist Four Mica was over Captain MacDonald and there was a couple of other MP's just standing around, standing with clipboards in their hands, paper.
Q  I see.  And what did you do then?
A  Lieutenant Paulk asked if -- how bad the children were.  I said they seemed to -- they appeared to be bad.
Q  What did you do next?
A  I then went down the hall.

COL ROCK:  Excuse me, did you see the children appeared to be bad or dead?

WITNESS:  Well, I didn't -- I just assumed they were dead.  I didn't know.

MR. SEGAL:  That's not what I understood the witness -- I thought he said that he told Lieutenant Paulk that the children were hurt pretty bad.  Am I stating directly what you said just a minute ago?

WITNESS:  Yes.

COL ROCK:  That they were hurt pretty bad?

WITNESS:  I didn't have no way of knowing if they were dead or not.

Q  Proceed.
A  Then I went down the hallway to the living room to right about here, observed a table turned over and plants and some magazines thrown about on the floor.
Q  What were the lighting conditions in that area?
A  There was a light on, I believe in the kitchen, this vicinity which was casting enough light. There was no light in the living room but it was casting enough light because I didn't use my flashlight.
Q  Did you notice any mud or wet spots or foreign matter on the rug at that time on the floor?
A  No, I did not.
Q  Would you have seen them if they were there?

MR. SEGAL:  That's objected to.  It calls for a speculation, sir.

COL ROCK:  Objection by counsel for the accused is sustained.  If you could rephrase your question.
Q  Do you think you could have seen them if they were there?

MR. SEGAL:  Objected to again as to the way it is formulated, sir.  It still calls for a speculative answer.

COL ROCK:  Objection is again sustained.
Q  Were the visibility conditions such that such debris might be visible?

MR. SEGAL:  Again it is objected to.  It calls for a conclusion of the witness too.  If the witness were to be asked by the state what the visibility conditions were, what did he observe, I think we might be able to get the answer.

COL ROCK:  That is sustained and the observation is valid.

Q  What were the visibility conditions with respect to the floor area of that living room?
A  It was pretty visible.
Q  It was pretty clear -- is that what you are saying?
A  Yes.
Q  Did you, in fact, see any mud or foreign matter, debris, wet spots, stains on the floor?
A  I did not.
Q  What did you do once you got into the living room?
A  I just stood in the entry right here.
Q  Indicating a point from the hall several feet?
A  Right.  Observed the -- the way the room looked.  There was also a Sergeant Hageny at that time, I believe, came into the living room, had a few words.  Him and I proceeded back to the bedroom.
Q  Once you got to the bedroom now, what took place?
A  There were several MP's standing around.  Captain MacDonald was giving a description of the people, some people that were in his house, trying to tell us what had happened at that time.
Q  What did you do -- what part did you take in this?
A  I just knelt along side of Captain MacDonald.  Mica was on the other side of him, they were trying to get a description of the people that he was giving out, and he also appeared to be going into shock, at that time, and I assisted Mica in giving him first aid.
Q  What was this first aid?
A  We gave him mouth-to-mouth resuscitation.
Q  When did you leave the 544 Castle Drive address?
A  Leave the area of the house?
Q  The house.
A  About ten minutes later when I went next door.
Q  What transpired in that ten minute period?
A  Captain MacDonald gave us a brief description of the assailants.  He explained that he awoke while sleeping.

CPT SOMERS:  You can return to your seat if you want.

(Witness did as directed.)

A  He also stated that if he went into shock that we breathe in his mouth and give him mouth-to-mouth.  We told him we would and we knew what we were doing, just not to worry; we would get him to the hospital as soon as possible.
Q  Then you were in that area for about ten minutes according to your testimony.  And then you left for what place?
A  I left to go next door to see what was taking the ambulances so long in getting to the house.
Q  And how did you do that?
A  I left through the front door, walked to a neighbor's house, also to the front door.
Q  Did you use that phone?
A  I believe I did.  Well, Lieutenant Paulk was using the phone and I had a few words with Lieutenant Paulk, may have made one call.
Q  And when did you finish that?
A  I left the neighbor's house and came back in through the front door of 544 Castle Drive, proceeded back into the bedroom.
Q  And how long did you remain there?
A  For a minute or two.  That's when the ambulance arrived.
Q  And what happened when the ambulance arrived?
A  The ambulance arrived and they brought a stretcher in at 544 through the front door, wheeled down the hallway, and into the bedroom, the master bedroom.
Q  Were you in the master bedroom?
A  Yes, I was.
Q  What did the medics do in the master bedroom?
A  We -- they looked at Captain MacDonald's condition and merely decided to place him on the stretcher and take him to Womack.
Q  Did you have any difficulty doing that?
A  No, we placed Captain MacDonald on the stretcher, three or four of us, I believe.
Q  Now I'd like to go back a minute to the second time that you went into the back of the house and into the master bedroom.  Did you touch anything in that room?
A  Yes, I did.  I picked up the telephone receiver.
Q  Where was the receiver?
A  The receiver was off the hook of the telephone, right next to the telephone.
Q  How did you lift it?  Can you show us?
A  The -- I proceeded like this, and placed it back down.
Q  Indicating your thumb and first two fingers?
A  Right.
Q  When you lifted it up, what -- did you use it?
A  I lifted it up with the intention of calling back to main post Provost Marshal's Office, because I was directed -- we were directed to do so when we got in the house.
Q  By whom?
A  The radio operator.  This was what came over the radio.
Q  And what happened when you attempted to use this phone?
A  It was dead.  There was no dial tone.
Q  Did you put it up to your ear?
A  I put it close to my ear.  I didn't put it against my ear.
Q  And when you finished ascertaining that the line was dead, what did you do?
A  Placed the phone right back down where I got it.
Q  Did you dial that phone?
A  No, I didn't.
Q  Outside of that telephone did you move or tamper with anything in that house?
A  No, I didn't, other than the back door -- the screen door.
Q  Did you issue any instructions with respect to moving or tampering with anything?
A  Yes, I -- I told the other MP's in the house not to touch anything.  I told them to watch where they walked and not to be hitting the walls or anything with their hands.
Q  How often did you do that?
A  I said it several times, maybe three or four times.
Q  And did you see any of these people or anyone in the house move anything or tamper with anything, with the exception of Captain MacDonald?
A  No.

CPT SOMERS:  Your witness.

Questions by MR. SEGAL:
Q  Sergeant Tevere, you saw the body of Mrs. MacDonald.  Was any portion of her body exposed, that was not covered by her own night clothes?
A  Yes, sir, there was.
Q  Would you tell the investigating officer what portion of this body were exposed?
A  I noticed part of her breast and midsection.
Q  And would that have been the left breast that you observed?
A  Yes.
Q  There's no doubt in your mind that you did see a portion of her left breast actually exposed, not covered by any kind of garment whatsoever?
A  Yes.
Q  And you also indicated her midsection.  Would you show us on your body, please, roughly what area was exposed and not covered by the clothing of Mrs. MacDonald?
A  Right here.
Q  You are indicating about mid-stomach above the belt buckle.  Is that right?
A  Right.

CPT SOMERS:  On the right side.

Q  Are you indicating the right side also?
A  Yes, sir.
Q  Now I want to show you a photograph that has been previously marked as A-6 for identification, and ask you whether you are familiar with the scene that is depicted in that photograph?
A  Yes.
Q  What is the scene that is depicted there as far as you know it?
A  When I walked in I saw Mrs. MacDonald lying as such.  Mr. MacDonald was along side of her, up against her over here.
Q  So does that photograph depict that portion of the master bedroom of the MacDonald floor which had Mrs. MacDonald on it that is now minus the body of Captain MacDonald?
A  Yes.
Q  Now is there a difference that you observe about the body of Mrs. MacDonald from the way you actually saw it when you came in?
A  I don't remember seeing this blue pajama on her.
Q  You are indicating -- if you will hold up the photograph and show it to the investigating officer so he may see it -- you are pointing to the area that you have identified as a blue pajama you do recall seeing right here?
A  Yes, sir.
Q  Now at the time you saw Mrs. MacDonald's body was there anything at all covering that portion of her body?
A  I don't know.
Q  Would that be the portion of the body which would have also been her left breast?
A  It could have been.
Q  Now immediately below that garment that you have characterized as a pajama, do you observe a white garment lying on the midsection of the body?
A  Yes.
Q  What does that appear to you to be?
A  I don't recall that being there either.
Q  I also ask you to look at a photo that has been previously identified as A-5 and ask you whether that likewise depicts another angle of the same scene you have been looking at.  In A-6.
A  Yes.
Q  Sergeant Tevere, do you observe anything on the body of Mrs. MacDonald that you did not observe at the time you came in the MacDonald bedroom on February 17th 1970?
A  I don't remember seeing the blue top draped across her. It could have been there. I just --
Q  And what about the other item of cloth that appears draped across the body of Mrs. MacDonald immediately below the blue garment, what appears to be white, possibly a towel?  Did you see that on Mrs. MacDonald's body when you were there?
A  I don't recall.
Q  Now, you don't recall -- you don't recall seeing that there?
A  Right.
Q  Now, if I may, Sergeant Tevere, when you came in, how soon was it that you went to the telephone in the room to determine its condition?  Was it immediately after you observed on the first, did you go to the phone, or was it later after you had checked out the other portions of the house?
A  Well, I went in the house and then I ran back out and asked for help.  I came back into the house and I believe I checked the phone before going into the bedrooms.
Q  Now at that time where was the receiver part of the telephone?
A  It was right along side of the telephone.
Q  It was not dangling at the end of the cord, was it?
A  It was not.
Q  You then picked up the phone, is that right?
A  Yes, sir.
Q  And did you say anything into the receiver at that time?
A  No, I didn't. The only thing I said was to Lieutenant Paulk to see if the phone was dead.  I may have been heard when I said it, but I didn't talk into the receiver.
Q  What was it that gave you the impression that the phone line was dead?
A  Because I got no dial tone.
Q  Did you attempt to flash the telephone button on which the receiver rests?
A  No, I didn't.
Q  You were just listening to the phone and you heard no dial tone?
A  Right.
Q  And you directed some remark toward Lieutenant Paulk but you did not at that time speak into the phone?
A  Right.
Q  After you said to Lieutenant Paulk the line was dead, what did you say or what did you do then?
A  I placed the phone back along side the receiver, the receiver back along side the telephone.
Q  Did you ever place the cradle, the receiver on the cradle?
A  No, I didn't.
Q  Did you ever allow the phone, after you had finished talking to dangle off the bureau, to hang from the bureau?
A  No, I didn't.
Q  Now I want to ask you again to examine photographs, and I first ask you to look at the one identified as A-6 for identification, and ask you if you will particularly address your attention to the white telephone that appears on the dresser or bureau in that room.  Did you ever observe the telephone and its receiver in the fashion which is depicted in this photograph?
A  I can see the telephone but I can't see the receiver.
Q  Now I ask you to observe the photograph marked A-10 for identification.  And I ask you to tell us whether you ever saw the phone as depicted there in a fashion where it is that the receiver is not?
A  No, I didn't.
Q  Did you put the receiver of the phone down on the bureau top at some place close to this multi colored box as appears on the bureau top?
A  Yes, I did.  I put it down on the other side of the telephone.
Q  And would you be good enough to turn the photograph around so the investigating officer may see it and would you indicate with reference to the telephone and the colored box on the bureau where you put the receiver down?
A  I put the receiver down right on the left hand side of this telephone here, facing the same way as the telephone.
Q  So that if it were in that position at the time the photograph was taken, it should be visible in this photograph?
A  Yes, it should.
Q  And it would be visible in the photo that is marked as A-6.  Please indicate again to the investigating officer where you placed the receiver.
A  I placed it on the other side of the phone.  Now in this photograph if it was on the other side, I don't think it would be visible because the phone would be blocking it unless it extended out.

COL ROCK:  May I see those two, please?

MR. SEGAL:  Yes, sir.

MR. SEGAL:  I am now going to show the witness, may it please the investigating officer, a black and white photograph, one of the series of sixteen supplied by counsel for the government a short while ago, and ask that it be marked as A-11 for identification.

COL ROCK:  This will be A-13.

MR. SEGAL:  And submit for examination by the investigating officer.

(A-13 was examined by the IO and CPT Somers.)

CPT SOMERS:  I object to this photograph unless the defense is prepared to tell us exactly when it was taken and under what circumstances.

MR. SEGAL:  May it please the investigating officer.  In view of the fact that -- the circumstances by which the defense came into this photograph, having already made a part of this record of this case, namely that upon demand made to this hearing, it was ordered by the investigating officer that the government produce all photographs that were taken prior to the removal of the bodies of the MacDonald household.  It seems to me that these were photographs that were peculiarly under the control of the government.  The government would know much better, in fact, entirely at this time, the circumstances of the taking of the photograph and that demand is not well taken and we should be permitted to use these photographs without further ado.

COL ROCK:  Objection overruled.  Proceed.

Q  Sergeant Tevere, would you be good enough to examine the photograph now marked A-13 for identification with particular reference to the telephone here, and I would ask you, Sergeant, whether that is the way you left the telephone after you had picked it up and attempted to determine whether the line was open, and then put the phone receiver down again?
A  May I see the other picture?
Q  Yes, sir.  Let the record reflect we are also showing Sergeant Tevere A-6 and A-10.
A  I didn't leave the phone this way.
Q  Well, would you describe for the investigating officer what it was that is different in this photograph than the condition which you left the telephone?
A  The receiver just isn't there.
Q  And this photograph was taken from an angle where it should reveal as far as you can tell the receiver as you placed it?
A  Yes, sir.
Q  Is it correct to say that you placed the receiver between the side of the telephone and the lamp that is also located on the bureau in this photograph?
A  Approximately, right.
Q  And would you observe as to whether or not this photograph that I have shown you, A-13, whether the legs of the telephone receiver itself are flush against the table top of the bureau top?
A  It is hard to say because the photograph is very deceiving because of the reflection from the table top.  If you take a picture of it it will cause a reflection.
Q  As best you can observe does it appear that one leg, at least of the telephone is not flush with the table top?

CPT SOMERS:  I object since he is asking that a conclusion be drawn from the picture itself. This is a conclusion that the investigating officer can himself draw.

MR. SEGAL:  I'm only asking whether he observes anything about the leg of the telephone in view of the fact that we are dealing with a relatively small portion of the photograph.  It is not improper, in my judgment, on cross examination to direct his attention to that subject matter.
A  I can't make out --

COL ROCK:  Just a minute, please.  The objection is sustained.  I think the witness has adequately answered the tendered question.

Q  When you placed the receiver of the phone back on the bureau, did you observe whether or not all four legs, if they may be referred to on the telephone, were flush on the table top.
A  I didn't notice, I didn't take notice.
Q  Now I ask you to observe on the floor an item that appears in all three of these photographs and see whether you note what that item is or can identify what that item is?
A  The item I guess you are talking about is a knife in front of the dresser.
Q  Did you observe that knife when you were in the master bedroom?
A  Yes, I did.
Q  And was it in the position that is depicted in this photograph -- in the photographs?
A  Yes, it was.
Q  Now, Sergeant Tevere, could you tell us please what portion of your hand and the number of fingers that you used to handle the receiver -- the receiver on this particular evening?
A  It would be these two fingers.
Q  You are indicating your thumb of your left hand, your index finger and the forefinger?
A  Right.
Q  And did you have to grasp the receiver with those fingers in order to be able to determine the phone was functioning so far as you could tell?
A  I had no other way of picking it up.
Q  Now when you went down the hall and you looked into the living room, what was your purpose of making observations in that room?
A  Captain MacDonald stated that he was sleeping in the living room and he was woken by some screams or cries.
Q  All right, now what relevance did that remark of Captain MacDonald have to your going to the living room?
A  To see where he was sleeping, and to see if anything was disturbed or if anything was all messed up in there, if there was any other -- any other evidence in there.
Q  Were you looking to determine whether any persons were in that living room?
A  Yes.
Q  Well, would that have been the principle object at first to determine whether there was other persons in the house?
A  Yes.
Q  The second object, would be fair to say, if there was any other bodies or injured persons in the house?
A  Yes.
Q  Thirdly, would the purpose have been to see whether you might notice any important clues or evidence at that juncture?
A  Right, sir.
Q  Did you have any reason at that point to be looking for mud on the floor?
A  Yes.
Q  What was that reason?
A  Captain MacDonald stated that there was a blond -- one of the supposedly people in the house was a blond with boots on, and that he mentioned the fact that there was muddy boots.
Q  Did he tell you that the first time you were in the master bedroom or the second time?  I'm talking about actually when you went in and with the other MP's.  Not when you first observed the bodies and ran out.  At that time when you came in with other MP's, is that when you heard him tell the description of the blond woman?
A  It was in the course of that time, yes.  It was in the course of that time.
Q  Did anyone ask him whether the mud on the boots was dry mud or wet mud?
A  No, we didn't question the fact as to whether it was wet or dry.
Q  Now you went down the hall.  I assume that you were looking to see whether you could see any traces of mud or any other evidence in the hallway.  Is that right?
A  I was walking cautiously.
Q  And what did you find, if anything, in the hallway?
A  There were some blood stains, I noticed in the beginning of the hallway.  I noticed on the floor a doll's head, just the head of a doll, a very small head, and some clothing at the foot of the hallway.
Q  Now I want to show you a photograph which will be marked as 14, I believe.

(The photograph was handed to the IO.)

COL ROCK:  All right.

(A-14 handed to CPT Somers.)

Q  Sergeant Tevere, I show you a photograph now marked as A-14 for identification and ask you whether that represents any scene that you are familiar with?
A  Yes, it does.
Q  What does that represent to you?
A  This is the living room at 544 Castle Drive.
Q  And looking from what direction to what portion of the house?
A  From the front door towards the hallway.
Q  The hallway that leads back to the master bedroom?
A  Yes, sir.
Q  Now do you observe anything, any items in this photograph that you did not observe yourself on the morning of February 17th, 1970?
A  I believe there are some clothes on the stairs in this picture here.
Q  Would you be good enough to turn the photograph around and indicate to the investigating officer?
A  There was clothing or some sort of clothing items right here on the stairs.  I can't see if there is a doll's head, but there was a doll's head there, and the flower pot was also on its side.
Q  Now you are indicating that there is a white object shown in this photograph which appears to be at the end of the over turned coffee table.  Is that what you are referring to?
A  Right.
Q  Now that white object, as it appears in this photograph, how would you describe it?
A  When I saw it, the white object, which appeared to be a pot of the flower that was on the floor.
Q  Now was that white pot standing on its base or in some other fashion?
A  When I saw it, it was lying on its side.
Q  Do you have any idea, Sergeant Tevere, how that pot came to be at the time the photograph was taken, standing on its base when you had seen it lying on its side originally?
A  I have no idea.
Q  Did you at any time see anybody touch it or move it?
A  No, I did not.
Q  Did you observe anything else on the floor of the living room with particular emphasis in or about the area of the coffee table?
A  I just noticed some magazines in the picture here.
Q  Did you have occasion to note a wallet on the floor?
A  No, I didn't.
Q  Was that an item, that if it had been on the floor you would have thought sufficiently important to take note of?

CPT SOMERS:  I object.  It calls for a conclusion.

COL ROCK:  Objection is sustained.

Q  Sergeant Tevere, what was the light source in the living room area when you first came in there and made your observations?
A  There was a light on in the dining or kitchen area that was reflecting a light into the living room.
Q  Now there is a diagram on the easel in this room.  By looking at that diagram, does it help you to determine more accurately where the light source was that was visible to you in the living room?
A  No, it doesn't.
Q  You cannot ascertain whether the light was in the kitchen or in the dining room as noted on that chart?
A  No, I can't.
Q  Sergeant Tevere, when you came into the MacDonald house originally by yourself, into what room did you enter?
A  I entered through the back door.  There was a little vestibule, I believe.  I entered into it and then entered the master bedroom.
Q  Did you recall going into the utility room before reaching the master bedroom?
A  You have to cross the utility room before you get to the master bedroom.
Q  Did you actually pass through the utility room and step into the master bedroom the first time you came into the house?
A  Yes.
Q  And then you left, went out and asked for assistance to be obtained.  Is that right?
A  Yes.
Q  Did you observe that there was a door inside the utility room that connects the utility room with a bath?
A  No, I didn't.
Q  When you came out you said that you told one of the other MP's that someone had been stabbed.  Is that right?
A  Yes, sir.
Q  Now, how did you make the determination that there had been stabbings?
A  Well, I noticed that Mrs. MacDonald, when I walked in, the first thing that caught me was the fact that she had been, seemed to be cut up and bleeding very badly, or had bled badly.
Q  What portions did you observe these cuts or stab wounds on?
A  I noticed her hand, arm and face.
Q  Now when you came back after giving that message, do you know the names of the military policemen that followed you into the house?
A  Specialist Four Mica was one of them and Specialist Four Morris.
Q  Now would you describe for us, please, what the three of you did when you came back?
A  Myself and Morris had our pistols out.  Exactly what Morris did, I don't know, but Mica and I went to Captain MacDonald.
Q  Do you know where Morris was at that time?
A  No, I don't.
Q  Now how long did you say you stayed with Captain MacDonald at that point?
A  Maybe fifteen seconds or a minute.  Maybe fifteen seconds, thirty seconds or a minute.  I don't recall.
Q  And then did you leave Specialist Mica with Captain MacDonald?
A  Yes, I did.
Q  And where did you proceed to?
A  The -- I tried the telephone.
Q  Then after you tried the telephone what did you do?
A  I went to the bedroom on the left.
Q  Now had any other MP's come into room by the time you had finished trying the telephone?
A  Yes.
Q  Who were they?
A  I don't recall.
Q  Was Lieutenant Paulk there at that time?
A  Yes.
Q  Where were the other MP's at that point?  When you finished using the telephone or trying to use the telephone?
A  I don't remember.
Q  They were not all in the master bedroom though, were they?
A  They all weren't in the house yet.
Q  Well, those who had come in behind you, Mica and Morris, were they all in the master bedroom at that point?
A  Yes.
Q  All right, you then proceeded down the hallway.  Is that correct?
A  Yes.
Q  And who did you observe were the MP's in the hallway or in the other parts of the house at that time?
A  There weren't any.  To the best of my knowledge, there weren't any.
Q  All those MP's that were there were still in the master bedroom?
A  Yes.
Q  And then you went into which bedroom?
A  The -- I guess it would be the south bedroom.
Q  Is that the one that is marked front bedroom on the chart or the one marked rear bedroom?
A  Front bedroom.
Q  How far into the bedroom did you go?
A  Two feet, maybe three feet.
Q  And what light did you use to make observations by?
A  I used my flashlight.
Q  You flashed light on what objects in the bedroom?
A  The bed.
Q  Now what vital signs did you check on the person that was in the bed at that time?
A  I didn't.
Q  You concluded from your observations, I assume, that the person in that bed was hurt pretty bad?
A  Yes.
Q  You then did what?  Go into the bedroom on the other side?
A  Yes.
Q  And was there any MP's other there at that time?
A  No, there wasn't.
Q  About how far did you go into that rear bedroom?
A  I didn't.
Q  Just to the doorway?
A  Yes.
Q  And did you use your light again at that point?
A  Yes.
Q  And what did you see in that room?
A  A little girl who also appeared to have been hurt very bad, bleeding quite a bit.
Q  But you did not at that time make any observations of vital life signs?
A  No.

COL ROCK:  Counsel, it seems to me we are repeating the same questions that were asked before and getting essentially the same answers.  Is there any purpose in reiterating what has already been said in this event?

MR. SEGAL:  Yes, sir, I think it is necessary to follow somewhat in detail the chronology of Sergeant Tevere's activities to establish how certain observations he made were made and how his testimony may relate or may not relate to other witnesses.

COL ROCK:  Well, my notes indicate that he is saying the same thing that you've already asked him.  You are asking him the same questions that you asked before.  That is the reason I am trying to determine if there is something new that you are obtaining from this.

Q  Sergeant Tevere, when you went down the hallway after looking into the two bedrooms, did you go into the living room?
A  Yes, I did.
Q  How far into the living room did you go?
A  Six feet, five feet.
Q  Were there any MP's there?
A  I think one followed me down the hall.  I am not sure.
Q  Do you know who that was?
A  No, I don't.  I think it was Sergeant Hageny.
Q  Would you tell us please in what position Captain MacDonald was reference to the body of his wife when you initially came in?
A  Captain MacDonald was lying the same way as his wife, in other words their feet were next to each other, and they were lying in the same, more or less, position, in the same way.
Q  And was any portion of Captain MacDonald's body in contact with a portion of his wife's body?
A  Initially, yes.
Q  What positions were in contact?
A  I believe it was his right side.  Part of his right side was in contact with her left side.
Q  And did you notice where Captain MacDonald's head was?  In reference to his wife's body.
A  I think it was around her -- the area of her left side.
Q  Are you indicating that his head was resting on a portion of her body?
A  Yes.
Q  Did you ever give Captain MacDonald mouth-to-mouth resuscitation?
A  I physically didn't.  I assisted Specialist Mica when he gave mouth-to-mouth.
Q  Did Captain MacDonald on other occasions while you were there ask about the condition of his wife and ask about the condition of his children?
A  When we first went in, he said -- he said, "Check the pulse of my wife's leg."  And then he kept on asking about his children, to check on his children.  He asked about his children several times.
Q  Did you observe the medics when they took Captain MacDonald down the hall?
A  Yes, I did.
Q  Did you observe what, if anything, Captain MacDonald was doing while he was on the stretcher?
A  Yes.  We were wheeling him past the front bedroom and Captain MacDonald wanted to see his children and he overpowered us to get off the stretcher and tried to get into the bedroom.

CPT SOMERS:  Could I interrupt for just one instant at this moment.  I think that I have the CID on the line with reference to the house.  Could I have a two or three minute recess to answer the phone?

COL ROCK:  About how much longer do you think this will continue, counsel?

MR. SEGAL:  I would think about fifteen to twenty minutes additional questions.

COL ROCK:  Do you object to us taking a brief recess?

MR. SEGAL:  Not at all, sir.

COL ROCK:  We will take a five minute recess, while he answers the phone.  I'd like to instruct the witness that you are advised that you will discuss your testimony with no person other than either of the counsel.  The hearing is recessed.

(The hearing recessed at 1610 hours, 8 July 1970.)


(The hearing opened at 1616 hours, 8 July 1970.)

COL ROCK:  The investigation will come to order.  The members present at the start of the recess are currently in the hearing room.  Proceed with cross examination, counsel.

Questions by MR. SEGAL:
Q  Sergeant Tevere, will you tell the investigating officer what kind of clothing Captain MacDonald had on on the morning of February 17th?
A  Captain MacDonald had blue bottoms -- dark blue pajama bottoms, and had no top on.
Q  And what, if anything, can you tell us about the condition of the pajama bottoms?
A  They appeared pretty clean.  They reminded me of the pajama bottoms you see in the hospital.
Q  Did you observe any stains or marks on the pajama bottoms?
A  No, I didn't.
Q  Now did you come into the living room after Captain MacDonald was taken out by the medics?
A  I don't understand your question.
Q  You went down the hallway, I gather, to a certain extent with the medics when they were taking Captain MacDonald out on the stretcher and as a matter of fact you helped them restrain Captain MacDonald when he tried to get off the stretcher near the bedroom of one of his children.
A  Yes, he got off the stretcher.
Q  And you assisted in restraining him?
A  Yes.
Q  And then the medics continued to move the stretcher down the hall and out the front door.  Am I correct?
A  Right.
Q  And did you follow behind them and come into the living room at that point?
A  Yes, I did.
Q  Did you then stay in the living room after Captain MacDonald left?
A  No, I went out and helped them put Captain MacDonald into the ambulance.
Q  And after you helped with that chore what did you do?
A  I proceeded back into the house.
Q  Through the front door?
A  Right.
Q  And did you go into the living room at that time?
A  Right.
Q  And were there other persons in the living room at that point when you came in?
A  At that point Colonel Kriwanek and one of the CID agents appeared.
Q  In the living room?
A  Right, they walked in about the same time as I.
Q  Were there military policemen in the living room already besides these two persons?
A  Yes, there were.
Q  About how many would you say there were?
A  Two, three.
Q  Could you name those you recall?
A  Specialist Sellick -- the other two I am not sure -- I remember seeing Specialist Sellick.
Q  Did you observe anybody else in the living room at that time whom you could not identify by uniform as being a military policemen on duty or medic or a person on duty?
A  I believe a photographer came in.
Q  Did you know who that photographer was?
A  I had seen him at the PMO in December.  That was it.
Q  Did you observe anybody in the living room wearing dungarees?
A  No, I didn't.
Q  By the way, when you went outside with the medical personnel and the stretcher with Captain MacDonald what was the weather conditions like at that time?
A  It was fine drizzle.
Q  Now when you came back into the house what did you do after helping with the stretcher?
A  Colonel Kriwanek asked who were the first ones at the scene, who were the initial people that were involved and Lieutenant Paulk said it was Specialist Four Mica and myself.  He then walked to the master bedroom and told Mica and myself he wanted us to come to the Provost Marshal Office and make statements.
Q  And then what did you do?
A  Left through the front door with Mica and Colonel Kriwanek.
Q  And did you go to the Provost Marshal Office at that time?
A  Yes, I did.
Q  When you were with Captain MacDonald in the master bedroom did he give you any information about the assailants?
A  Yes, he did.
Q  Would you tell the investigating officer all those things you can recall that Captain MacDonald told you?
A  He said that the assailants were two male Caucasians, one male Negro, wearing a field jacket with sergeant stripes on it, one female with long blond hair wearing muddy boots, a floppy hat, carrying a candle, saying acid is groovy and kill the pigs.
Q  Captain MacDonald said that those statements were made by the blond female?
A  Yes.
Q  When you finished your conversation with Colonel Kriwanek and he told you to report back to the PMO, did you go back out the front door of the house?
A  Yes, I did.
Q  And you went in some vehicle to the PMO?
A  I took my partner's jeep.
Q  And when you walked out through the living room at that time, did you see any footprints or wet spots on the floor of the living room?
A  I didn't take notice.
Q  Did you see anything?
A  No, I didn't.
Q  Did you ever see any grass on the floor of the living room?
A  No, I didn't.

MR. SEGAL:  I ask to have this color photograph marked as Accused Exhibit, sir.

COL ROCK:  A-15.

(A-15 was marked and examined by the IO and CPT Somers.)

Q  Sergeant Tevere, would you please examine the photograph which has been marked A-15 for identification and indicate to the investigating officer whether you can identify the subject matter of that photograph?
A  Yes.
Q  What does that photograph depict to you?
A  This is a picture of the hallway from the living room facing toward the master bedroom.
Q  And what do you see in the end of that hallway in the master bedroom?
A  Mrs. MacDonald, the body of Mrs. MacDonald.
Q  On the floor?
A  Right.
Q  Would you look at that photograph and tell us where on the floor you observed grass, mud marks or any other noticeable foreign matter other than an item of clothing in the lower half?
A  No, I don't.
Q  I ask you to look at photograph marked A-7 for identification and ask you to again note whether you see any foreign matter that you might refer to grass, mud marks or visible water stains?
A  No, I don't.
Q  I ask you to look at photograph marked A-8 for identification and indicate to the hearing officer whether you see any of those foreign objects we referred to?
A  No, I don't.

MR. SEGAL:  I ask to have an additional photograph marked, sir, as Accused Exhibit A-16.

(Colonel Rock marked the exhibit and it was examined by CPT Somers.)

Q  Sergeant Tevere, I ask you to look at the photograph that has been marked as A-16 for identification, which purports to be another view of the living room of the MacDonald house, and ask you to examine this photograph to see whether it shows any indications of foreign matter such as we've been discussing this afternoon?
A  No, it doesn't.
Q  Did you see the photographers take any photographs at all while you were present in the MacDonald house?
A  No, I didn't.
Q  Did the photographer arrive as you were just leaving for the purpose of going to the PMO?
A  Yes, he did.
Q  And you indicated already what the name of the photographer was?
A  I didn't say.
Q  You recognized him as the one you have seen at the PMO before?
A  Yes.
Q  How long would you estimate you were in the MacDonald house from the time you first came in by yourself and made your first observation until you left with Colonel Kriwanek?
A  Fifteen minutes.
Q  Would that be at a minimum?
A  Yes.
Q  And during the course of that time, is it fair to say that some where in the approximation of twelve to fifteen military policemen, CID investigators and medical personnel had been through the MacDonald house in the course of this investigation?
A  About a dozen.

MR. SEGAL:  I have nothing further at this time, sir.

COL ROCK:  Counsel for the government?

Questions by CPT SOMERS:
Q  Sergeant Tevere, I show you the pictures which has been marked A-5 and A-6, which you have previously looked at.  The defense has asked you about a piece of blue material, which is visible in this picture and a piece of white material which is visible in this picture.  Now I'd like to test your memory a little bit, if I could.  You have said that you do not remember seeing either of those pieces of material on MacDonald.  Is that correct?
A  Yes, it is.
Q  Now are you saying categorically that it was not there or simply that you do not remember it being there?
A  I don't remember it being there.
Q  You are not saying that it was not there or it could not have been there?

MR. SEGAL:  That's objected to.  This is direct examination, not cross examination.  The question may not be put in that fashion to this witness.

COL ROCK:  Counsel, this is redirect examination.  Your objection is overruled.

WITNESS:  Would you repeat the question, please?

Q  You are saying that you do not believe that these things were there but you are not saying that categorically that they were not there, or could not have been there?
A  That's correct.
Q  I show you a picture now which has been marked as A-7, which I do not believe you have previously seen.  Would you look at it, please?  Do you see some material which appears on the stairs of the hallway?
A  Yes.
Q  You do.  Now when you first went down that hallway into the living room the very first time, did you see that material?
A  Yes.
Q  Does that picture depict the position of that material at that time correctly?
A  Yes.
Q  I show you now a picture which has been marked A-16.  Look, if you will, at the coffee table.  Is that the position that coffee table was in when you first saw it?
A  Yes, it is.
Q  Do you see some debris near or under that coffee table?
A  Yes.
Q  What does that appear to be to you?
A  Some type of magazines.
Q  Is that the appearance that that table and the accompanying debris had when you first saw it?
A  Yes.
Q  Did you glance in the kitchen?
A  Yes I did.
Q  Is there a phone in that kitchen?
A  Yes, there was.
Q  Do you remember seeing it?
A  Yes, I do.
Q  Do you remember the position of the receiver?
A  Yes, it was a wall phone.  The receiver was lying straight down on the ground.
Q  Did you ever see anyone remove that phone, touch it or tamper with it?
A  No, I didn't.

CPT SOMERS:  I have no further questions.

Questions by MR. SEGAL:
Q  Sergeant Tevere, did you give a signed statement to the investigator for the criminal division on 17 February 1970 at 0900 hours?
A  Yes, I did.
Q  And are you holding a copy of that statement before you at the present time?
A  Yes, I am.
Q  May I direct your attention to the eleventh line from the bottom of the first page of that statement?
A  Yes.
Q  And in that sentence that begins on the 11th line from the bottom, did you state to the CID investigators the condition as far as clothing of the body of Mrs. MacDonald?
A  Are you referring to where I said the female was dressed in pajamas and appeared to have struggled with someone?
Q  Yes, sir.
A  The pajama top was partially open and one of the breasts was exposed.  Is that where you are referring to?
Q  That's right, sir.  Did you in fact state that to the CID on the 17th of February?
A  I didn't give the statement to the CID.
Q  To whom did you give it?
A  I wrote the statement in Colonel Kriwanek's office.
Q  In other words you wrote it to yourself.  Did you type it also?
A  No, I did not.
Q  Now is that statement correct in which you said that the left breast -- that one of the breasts of Mrs. MacDonald was exposed when you saw her body on the floor in the master bedroom?
A  Yes.
Q  Is it possible in the photographs that you have been shown today for you to have seen an exposed breast if the blue cloth had been placed in the fashion that the photograph reveals?
A  Possibly.
Q  Possibly.  Do you have any recollection at all seeing the blue cloth placed over her body?
A  No, I don't.
Q  I beg your pardon?
A  No, I do not.
Q  You do not have any recollection?
A  No.
Q  What about the white object which appears to be a white towel covering the midsection of Mrs. MacDonald?  Do you have any recollection at all having seen that on the morning of February 17th?
A  No.
Q  Is it fair to say that your best recollection of that incident was that she had neither of those two items on her when you first observed her body with her left breast exposed and her midsection exposed?  Is it fair to say that?
A  Yes.

MR. SEGAL:  I have nothing further.

CPT SOMERS:  Could I have a moment, please?

COL ROCK:  I have several questions of the witness.

Questions by COLONEL ROCK:
Q  Have you ever taken any first aid courses or instruction in first aid in your military career?
A  Yes, I have.
Q  In those courses do they ever describe anything about shock or how you can identify it in an individual?
A  Somewhat.
Q  Well, from your layman's view point do you think Captain MacDonald was in shock at any period of the time that you were there with him in the bedroom?
A  It appeared so.
Q  Appeared so.  I believe you testified to the fact that Captain MacDonald told the MP's to give him mouth-to-mouth resuscitation.  Is that correct?
A  Right, he said he thought he was going into shock and that we should breathe into his mouth if he did pass out.
Q  Then at that time you feel he was not in shock?
A  No.
Q  But would you say as a medical officer he probably recognized the fact of this as a possibility?
A  Yes.
Q  Is that your general impression?
A  Yes.
Q  The photographs have been shown with some blue cloth on the floor.  From the position of that blue cloth can you recollect whether or not that was generally the position in which Captain MacDonald had been lying while he was on the floor?  Perhaps maybe you should see the photograph to refresh your memory.

(Col. Rock left his desk and approached the witness.)

Q  Does either of these photographs -- do you think that Captain MacDonald's body could have covered that cloth or was he in some other position?
A  He could have been covering the cloth, yes.
Q  As that photograph is viewed, and considering that this is Mrs. MacDonald's left and this is Mrs. MacDonald's right, was Captain MacDonald on her left or her right?
A  Captain MacDonald was on her left side.

COL ROCK:  I have no further questions.  The record should reflect that I was showing the witness Exhibits A-5 and A-6.  I do have one other question written down.

Q  You stated you were in the kitchen area, correct?
A  Yes, sir.
Q  And examined the phone?
A  I saw the phone -- I did not go into the kitchen, I --
Q  You did not go into the kitchen?
A  Right.
Q  Was there a light on in the kitchen?
A  I believe so.
Q  And please tell me once more, I want to be certain, what position was the receiver of that phone?
A  The one in the kitchen?
Q  Right.
A  The receiver was down on the ground.
Q  It was dangling by its cord?
A  Right.
Q  Was the kitchen phone a wall type phone, or the normal telephone on a cabinet?
A  It appeared to be a wall phone.

COL ROCK:  I have no further questions.

CPT SOMERS:  I have nothing further, sir.

MR. SEGAL:  Nothing further.

COL ROCK:  Sergeant Tevere, you are advised that you will discuss your testimony with no person other than either counsel.  You are excused and subject to recall.

(Witness saluted the investigating officer and departed the hearing room.)

COL ROCK:  Are there any other matters to be brought to the attention of the investigating officers at this time?

CPT SOMERS:  None by the government, sir.

MR. SEGAL:  No, sir, not for the accused.

CPT SOMERS:  If I may, do you wish me --

COL ROCK:  No, I will handle that aspect tomorrow.  This investigation is adjourned until 0830 tomorrow morning.

(The hearing adjourned at 1645 hours, 8 July 1970.)