CID Records

December 1970

The Kassab-Malley Allegations

Letter and Appeal from Alfred Kassab to U. S. Senate and Congress

Scans of original letter and attachment
December 1970:
Letter from Alfred Kassab to U. S. Senate and Congress
December 1970: Letter from Alfred Kassab to U. S. Senate and Congress
December 1970: Letter from Alfred Kassab to U. S. Senate and Congress

Appeal from Alfred Kassab to U. S. Senate and Congress
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, cover page
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, cover page
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 1 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 1 of 9
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December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 2 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 3 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 3 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 4 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 4 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 5 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 5 of 9
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December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 6 of 9
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December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 7 of 9
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December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 8 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 9 of 9
December 1970: Appeal from Alfred Kassab to U. S. Senate and Congress, p. 9 of 9
Related Files

(Spelling, punctuation and grammar preserved)

Dec 1970

STONY BROOK, N.Y. 11790.

Gentlemen of The Senate & Congress:-
The attached is an appeal that can
be directed to no other body. Congress, I feel, has
a duty to keep those who command our Armed Forces
in check, also to see to it that The Code of Military
Justice does not overide the constitutional rights
of persons serving in our Armed Forces, especialy
in cases that are basicly civilian in nature.
Perhaps the time has come again to
revise The Code, especially in areas that have nothing
to do with military discipline.

yours truly

/A. Kassab/
Alfred G. Kassab.





On February 17th, 1970 my daughter Mrs. Colette MacDonald and her two daughters Kimberly, age 5 and Kristen, age 2 were brutaly murdered at Fort Bragg, N.C. and at the same time my son in-law Capt. Jeffrey MacDonald recieved 19 superficial and one serious stab wounds.
What followed is now history.  Capt. MacDonald was charged with three counts of premeditated murder and after 8 months of investigation and hearings, the Army announced that due to insufficient evidence they were releasing Capt. MacDonald and would not Court-Martial him.
So that you should know what transpired, I am setting down my knowledge of what has taken place since that horrible day of February 17.
On Feb. 18, the day after the murders, I sent word to the F.B.I. objecting to the number of news releases being given out by Col. Robert Kriwaneck the Provost Marshal.
On Feb. 19, the F.B.I. agent in charge for North Carolina, Mr. Robert Murphy had a meeting with the Provost Marshal.  It was reported in the press that the meeting was not a cordial one and that Mr. Murphy stated there were to be no more news releases.  Col. Kriwaneck, angered at being told what to do by what he considered an outsider, claimed that the Army had "Prime Jurisdiction" in this case, and there and then disposed of the services of the F.B.I.  He stated that the Army was capable of solving the case without any outside help.  (One thing I must point out here is that the Army Investigators have absolutely no authority off a Federal Reservation except over Army Personnel).
Col. Kriwaneck had now put himself in the position of having to solve the murders or explain why he had gotten rid of the F.B.I.  As it developed later, after the pre-trial hearings started, Col. Kriwaneck was secretly replaced as Provost Marshal.  When I inquired where he was I was told "Col. Kriwaneck asked for and was granted a transfer to Korea" how convenient!!!!
Criminal Investigation Agents of the Army were sent out coast to coast to interview, by their count, aprox. 5,000 persons.  They admit that all of those interviews produced only words of praise about Colette and Jeff MacDonald.
On April 6, Capt. MacDonald was brought in for questioning.  During the course of the interrogation it became apparent to him that he was being questioned as a suspect, and quite understandably became very angry.  He voiced this anger in no uncertain terms to the C.I.D. agents and Col. Kriwaneck.  The Col., being a short tempered man, with not much foresight or common sence, flew off the handle at being told off by a Capt.  He immediately told Capt. MacDonald that he was a suspect and was under house arrest, under guard and incommunicado.  (he was not even allowed to call a lawyer.)
The Col. then performed the act that caused the Army to do what they have done.  He held another news conference, at which he announced to the world that Capt. MacDonald was a suspect in the triple slaying.  NOW, the Army was committed to prosecution.  However, they still had to find someone who would sign the charges on three counts of premeditated murder.  The logical person was Col. Francis B. Kane Jr., Capt. MacDonald's commanding officer, however he apparently was none too willing.  Time went on, and finally it was reported to me that on May 1, Maj. Gen. Edward Flanagan ordered Col. Kane to sign the charges.  That same night Col. Kane called me, to tell me he had read the charges to Capt. MacDonald.  He was very appologetic and assured me that the evidence was "very circumstancial".  Little did I realize at that time that all they had was, pure theory, with nothing to back it up.
That night my wife and I went on television and announced our complete faith in our son in-law and stated that we did not believe one word of the Army's charges.  Before the pre-trial hearings started, Capt. MacDonald had 3 military lawyers, and 2 civilian lawyers that he hired at his own expense.  After two weeks of preparation for the defense, the Army calmly announced that one of the defense lawyers, a Capt. Wm. Thompson, was being transfered from the defense to the prosecution.  If you can believe it, the Court of Military Appeals ruled that this was perfectly legal.
On July 6, the Pre-Trial hearing started.  A request by Capt. MacDonald that it be open to the public and the news media was granted by Col. Warren Rock the presiding officer.  The first morning's testimony was so damaging to the C.I.D. re their handling of the investigation immediatly after the murders that during the noon recess Maj. Gen. Edward Flanagan ordered Col. Rock to close the hearings to the public and the media, using as grounds, that he was protecting Capt. MacDonald's rights.
The hearings lasted 2 months, from July 6, to Sept.  12, Each night I spoke with Capt. MacDonald on the phone, and he would fill me in on the day's happenings.  Some of the things that were sworn to in that courtroom by C.I.D. agents are a disgrace to the Army.  I wont attempt to go into detail, but just set forth a few of the things that happened and were sworn to.  The Military Police officer in charge on the morning of the murders, refused a request by one of his sergeant's to seal off the Base and question everyone leaving.  I had been told by Col. Kriwaneck that this was done immediately.
One hour after the murders, at aprox. 5 AM C.I.D. agents admitted that there was a civilian with long hair, and wearing dungaree's wandering around in the house.  They swore that no one thought to ask him who he was or what he was doing there, further more they did not know when he arrived or when he left.
Capt. MacDonald's wallet which appears in an Army photo taken at aprox. 5 AM, had disappeared by 6 AM.
A C.I.D. agent Robert Shaw, when questioned as to what was done with the many sets of fingerprints, that could not be identified with any person's ever known to have been in the house, and were they sent to the F.B.I. lab. in Washington for comparison with their files? replied "I didn't know the F.B.I. performed that service".
It was apparent from foot prints found in the master bedroom that Kimberly, my eldest grandaughter, was there when her mother was being attacked, yet she was found in her own bedroom.  In regard to this, the following fantastic statement was made by a C.I.D. agent.  "When hippies kill someone they let the body stay where it falls, they don't move it."
The Army's so called fingerprint expert admitted that many photographs he had taken of fingerprints did not come out, so he went back to photograph them a second time, however when he removed the tape that was covering them, he inadvertantly destroyed them.  When questioned as to his Qualifications as an expert, he admitted that his formal education in fingerprimting consisted of a six weeks correspondence course.
After much prodding by the defence, the Army finaly admitted that my daughter's jewelry box had blood on it and unidentified fingerprints.  They also admit that they didn't think to ascertain whether any jewelry was missing.  Two rings my wife had given Colette which were family heirlooms were gone.  It was established at the hearing that no one had taken an inventory of the contents of the house, and as of the end of the hearings it still had not been done.
Two women neighbors of my daughter testified that they had heard voices of at least two men and a girl, going in the direction of my daughter's back yard immediatly prior to the murders.  They also stated that they had given this information to the C.I.D., but that they did not seem interested.  At this juncture I should point out that many persons called the defense lawyers with information on possible leads to the murderers.  They stated that they all had called the C.I.D. offering to give them the information but that no one had ever come to question them or asked them to come to the C.I.D. office.  (this information is all documented.)
The defense brought in a civilian witness who identified a composit drawing of the girl Capt. MacDonald had described.  She lived next door to him.  He stated that during a conversation with her one day after the murders, he asked her if she and her boy friend were going to be married?  Her answer was "We have to prove ourselves first and kill a lot more people."  This witness told the court that the girl had a large floppy hat, a blonde wig and high boots such as Capt. MacDonald had described and that she had disposed of these items on the day of the murders.  A reporter for the "Fayetteville Observer" tracked the girl down and she admitted to him about disposing of the garments.  When he asked her where she was on the night of the murders between midnight and 4 AM, she said that she was so "high" on drugs that night that she remembers nothing.
I was at Fort Bragg when this testimony was given.  I first went to the Army Provost Marshal's office and demanded protection for the witness, who was in fear for his and his wife's lives, also that they pick the girl up for questioning.  They refused on the grounds that these people were civilians and did not come under their jurisdiction.  I then called the F.B.I. where I got the same answer "lack of jurisdiction".  When I asked "who should I go to" I was told "the Army", since the local police don't have jurisdiction either.
The girl Capt. MacDonald described was carrying a lit candle during the murders.  Only after insistence by the defense did the C.I.D. admit that candle drippings had been found in various rooms, futher arguments ensued before the prosecution would produce the lab. reports on the drippings.  It turned out that the chemical analysis showed that the drippings did not come from any candle in the MacDonald house.
The most shameful thing of all was the presentation by the Army of the autopsy report.  Normaly this would be given verbally by the doctor who performed them.  Not in this case! They brought in a projector and a large screen and over defense objections they forced Capt. MacDonald to sit through autopsy pictures of his wife and children.
In the middle of the hearings the defense took the Army to Federal Court and asked for a sworn statement that the Army was not wire tapping phone conversations between Capt. MacDonald and his lawyers.  This the Army refused to do.
Now to the hair sample episode.  A 4" blonde hair was found in my daughter's hand.  The Army insisted in the middle of the hearings that it was imperative to their case that they have samples of Capt. MacDonald's hair, due to the fact that samples sent to the criminal lab. at Fort Gordon labled "known hairs of Capt. J. MacDonald" turned out to be horse hair.  The Capt. told them that if they got his commanding officer to give him a direct order, he would obey it, but no, they would not do that.  One day, between the courtroom and the cafeteria on the base, 7 jeeps and 2 civilian cars full of M.P's and C.I.D. men ran his car off the road and without provocation beat up one of his civilian lawyers and slammed the other against the car.  This shameful episode was witnessed and photographed by news men and an Army Public Information Officer on the scene.  Later this was called "A cheap publicity stunt" by the U. S. Attorney in Fayetteville who, by the way, happens also to be the legal advisor to th Army on civilian matters.  They took Capt. MacDonald and got samples of hair from various parts of his body, this was on July 20;/  Then silence.  Every day the hearing officer Col. Warren Rock would ask in court "Do you have the results of the hair tests?"  The answer was always "NO".  Finally, his patience ran out and early in September he demanded that the report be produced in court the next day.  It turned out that the hair did not match.  The head of the C.I.D. Franz Graebner, finally admitted that they had recieved the report from the lab. on aprox. August 5th, but that somehow it got into his safe, and he forgot about it due to other pressing matters.
The Army's basic case was as follows: They contended that the scene in the livingroom was staged by Capt. MacDonald, because the coffee table was lying on it's side and that this was an impossibility.  They claimed that no matter with what force the table was hit or pushed, it always fell on it's top because it was top heavy.  Also that with only the kitchen light on, the Capt. could not have seen the faces of the murderers as he had claimed.  This was all sworn to by C.I.D agent William Ivory.  Col. Rock,the presiding officer, decided to see for himself, so one night after dark, he went to the house accompanied by his legal officer and the head of the C.I.D.  The first time he kicked the coffee table it landed on it's side.  He then lay on the sofa, with the two men at the foot and only the kitchen light on.  Col. Rock stated that he could clearly see the faces of both men.
The prosecutor's summation started as follows: " It is our theory " and went on to state that in their opinion when Capt. MacDonald was ready to go to bed, he found his youngest daughter Kristen in bed with her mother and that she had wet the bed on his side.  This angered him so much that he woke his wife and an argument ensued.  She became angry and slapped his face, thereupon, he picked up a piece of lumber that happened to be in the bedroom and hit her with it, she in turn picked up a knife that also just happened to be on the night table and stabbed him.  He then lost all reason, he murdered his wife and children by stabbing them with 2 knives an ice pick and alternately beating them with the piece of lumber in excess of 80 times.  Then realizing what he had done, proceeded to write the word PIG in 7" letters in blood on the headboard, stabbed himself 20 times; carried the children back to their own rooms, went out into the back yard, hid three of the weapons under a bush, came back into the house, placed two phone calls to the police 5 minutes apart and then passed out.
The hearings ended on September 11, however it was not until October 28 that the Army announced the decision to drop all charges.
I could go on and om about shameful testimony and suppression of evidence by the C.I.D. and the prosecution that has brought disgrace to the United States Army, testimony that was so obviously perjured.  For this reason the Army has consistently refused to make public the transcript of the hearings.  They have absolutely refused to give me a copy to aid me in the investigation to find my daughters' and grandaughters' murderers, nor will they release Col. Warren Rock's report of this shameful episode.
This article is written as an appeal for a Congressional Investigation into everything surrounding this case.  An effort must be made by some investigative body other than the Army's Criminal Investigation Division, to find the murderers, they are still running loose, maybe to kill again.  Who's Family will be next.

Alfred G. Kassab

Allegations by Alfred Kassab, with Refutations, Substantiations, and Comments

Alleged that Jeffrey MacDonald was unjustly placed under house arrest and deprived of his freedom of coming and going at will. All of his activities were closely monitored by guards assigned to guard him.

Refutation: MacDonald was allowed to visit the PX, go anywhere on the base with a guard.

The list of individuals authorized to visit MacDonald including his military counsel, his two civilian lawyers and his friends and family. He had access to a telephone.

Civilian counsel, Bernard Segal and Dennis Eisman, expressed relief that CPT MacDonald would be allowed to remain in the BOQ, which was air conditioned, had a television, radio, and other obvious comforts, and not be put in the post stockade.

No complaint was ever made by MacDonald or any of his counsel pertaining to his status of restriction.
Alleged that Colonel Kriwanek suggested to Colonel Daniel Lennon, SJA, Fort Bragg, he phone MG K. J. Hodson, TJAG, to close the Article 32 hearing to the public and news media.

This was based on information received from an unknown officer of the military police detachment that during questioning of witnesses it was obvious that the military police and CID had been negligent in their duties and much bungling had occurred.

Refutation: Colonel Kriwanek played no role in any decision leading to initiation of the Article 32 or the conduct of the Article investigation.

Colonel Kriwanek did not suggest to Colonel Lennon that he ask MG Hodson, TJAG, to close the Article 32 to the public and news media.
Alleged that Colonel Robert Kriwanek made an excess of news releases concerning the MacDonald murders.

Refutation: All news conferences and news releases pertaining to the MacDonald murder case were staffed through the Information Officer, Fort Bragg.

The Fort Bragg decision to release information was based on the belief that the Fort Bragg and local civilian community should be kept informed of developments in the case. It was also hoped that publicity of the case would generate help from the public in getting information to the CID.

Substantiation: Robert Murphy, FBI SA in charge, Resident Field Office, Charlotte, N.C., stated that he contacted Colonel Kriwanek on February 18, 1970, advising that additional press conferences might possibly be detrimental to the investigation of the murders.
Alleged that Colonel Kriwanek claimed the Army had primary jurisdiction in this case and dispensed with the services of the FBI.

Refutation: Mr. Murphy, FBI SA in charge, FBI Field Office, Charlotte, N.C., visited with Colonel Kriwanek and CW3 Joe Grebner a few days after the murders, advising them that the FBI was reducing their investigative support, pending the development of any further information which would indicate primary jurisdiction should belong to the FBI. The FBI subsequently sent a letter to LTG Tolson, Fort Bragg, dated February 25, 1970, wherein reasons for the FBI termination of the investigation were enumerated. FBI SA Lacey Walthall, Fayetteville, N.C., indicated that the main reason the FBI withdrew from the case was because all physical evidence from the crime scene had been processed by the CID, adding the observation that the FBI considered the case belonged to the Army, not to the FBI.
Alleged that Colonel Kriwanek was secretly replaced and sent to Korea as a result of his actions in this investigation.

Refutation: Colonel Kriwanek was selected for assignment as Provost Marshal, 8th Army, on January 19, 1970 and officially nominated for that assignment on January 20, 1970. Assignment instructions were forwarded to the Commanding General, Third US Army, on March 4, 1970 and official written orders were published in paragraph 46, Special Order 57, Headquarters, XVIII Airborne Corps and Fort Bragg, N.C. on March 13,1970.
Alleged that during an interview, Colonel Kriwanek told MacDonald he was under house arrest, under guard, and incommunicado, and did not allow MacDonald to call a lawyer.

Refutation: Colonel Kriwanek did not participate in any interview of MacDonald, nor did he announce that MacDonald was under house arrest, under guard, and incommunicado.

The person who advised MacDonald that he was under restriction was his group commander, Colonel Kane.
Alleged that Colonel Kriwanek's action in holding a news conference and announcing to the world that MacDonald was a suspect in the triple murders committed the Army to prosecution.

Refutation: Colonel Kriwanek did not hold a news conference announcing that Captain MacDonald was a suspect.

The news release was made by the information officer at Fort Bragg for the purpose of informing the public of the development in this case. The Army was not committed to prosecuting MacDonald because of the news release.
Alleged Colonel Kriwanek informed him (Kassab) that the base had been immediately sealed off and everyone leaving the base questioned on the morning of February 17, 1970, when in fact it had not been done.

Refutation: Colonel Kriwanek does not recall mentioning to Mr. Kassab during their telephone conversation that Fort Bragg had been sealed off the morning of February 17, 1970. He does recall telling Mr. Kassab that everything that could be done was being done.

Colonel Kriwanek stated that is not possible to seal Fort Bragg to vehicular traffic without a major, carefully planned effort by several hundred men.

Colonel Kriwanek did give an order to the Military Police Desk Sergeant to place all available patrols on the major roads of Fort Bragg and to stop vehicles and to check occupants to see if they fit the description of assailants given by Captain MacDonald.

None of the Post patrols found any people fitting the description of the assailants given by MacDonald.
Alleged about an hour after the murders, CID agents allowed an unknown civilian, with long hair and wearing dungarees to wander through the house and did not know when he arrived or left.

Refutation: The "unknown civilian" was identified as Private James Paulsen, ambulance driver, Womack Army Hospital, Fort Bragg.
Alleged MacDonald's wallet appears in an Army photograph taken at approximately 0500 hours, but had disappeared by 0600.

Substantiation: Investigation by USACIDA Inquiry Team revealed that Private James Paulsen, an ambulance driver, Womack Army Hospital, stole Captain MacDonald's wallet; removed six one-dollar bills and discarded the wallet in the vicinity of Womack Army Hospital on the morning of February 17, 1970.

The wallet was recovered by CID and subsequently returned to  MacDonald.
Alleged CID agent Robert Shaw when questioned during the Article 32 hearing as to why unidentified prints found in the MacDonald house were not forwarded to the FBI, replied "I didn't know the FBI performed that service."

Refutation: This statement was taken out of context. WO1 Shaw relates that prior to the Article 32 hearing he was questioned by counsel for the defense, Captain James Douthat, Bernard Segal, Dennis Eisman, and 1LT Mike Malley. During this questioning, he was asked if he had sent the latent, unidentified, single fingerprints to the FBI for identification.

WO1 Shaw replied, "I am not aware that the FBI performs this service; in fact, I know they do not." Later, during the Article 32 investigation, Mr. Shaw had an opportunity to explain further why he did not send single latent fingerprints to the FBI for analysis. He stated that he knew the FBI would not perform a fingerprint record check based upon a single fingerprint. A letter sent by the FBI, and the statement of SP7 Hilyard Medlin substantiate this conclusion.
Alleged it was apparent from the footprints found in the master bedroom that Kimberley MacDonald was there when her mother was being attacked, yet she was found in her own bedroom. In regard to this, the following fantastic statement was made by a CID agent, "When hippies kill someone, they let the body stay where it falls, they don't move it."

Substantiation: CW3 Grebner made a statement to this effect to Captain MacDonald during the interview of April 6, 1970.

Grebner recalls that Captain MacDonald was questioned on many aspects of the crime scene, among them the fact that Kimberley MacDonald had been injured and bled in the master bedroom and then had been carried back to her own bed and covered up.

Mr. Grebner was using an investigative technique to set forth his theory of the scene being staged by the assailant.

He referred to the sheet bearing the blood of Colette and Kimberley and a pool of Kimberley's blood in the bedroom.

He drew attention to the fact that the sheet was probably used to carry Kimberley's body from the master bedroom back to her bed, and in this context said, "Hippies let bodies fall where they may" to which MacDonald replied, "Right, I agree with you."

There were no footprints found in the master bedroom.
Alleged the Army's fingerprint expert admitted many photographs he took of fingerprints did not come out which necessitated they be re photographed.

When he removed the tap covering, these prints were inadvertently destroyed.

Comment: Eighty-seven latent fingerprints in the MacDonald quarters were photographed, then clear plastic tape was placed over the latent prints in order to preserve them.

When the pictures were developed, seven exposures were of such poor quality that they prevented clear identification.

It was necessary to re-photograph the seven prints. However, in the meantime, dusting powder had adhered to the protective tape, thus distorting some of the characteristics of the latent prints. They could not be further identified.
Alleged the Army's fingerprint expert's qualifications as an expert consisted of a six-week correspondence course.

Refutation: During the Article 32 hearing, MSG Medlin offered the following qualifications: He was assigned to the Criminal Investigation Laboratory in October 1963, attended the eight-week Criminal Investigation course, trained for two years under the guidance of a fully qualified fingerprint technician and has been a fingerprint examiner since 1965.

MSG Medlin completed the Institute of Applied Sciences Fingerprint correspondence course in 1957. Medlin is a qualified fingerprint expert and has been an expert in numerous other judicial proceedings.

Medlin presented a paper to the annual conference of the International Association for Identification in 1967, and he had articles published in other professional magazines.
Alleged that only after much prodding by the defense did the Army admit that blood and unidentified fingerprints were found on Mrs. MacDonald's jewelry box.

Comment: MSG Medlin said that examination of the jewelry box produced two latent prints, both located inside the box and a stain that was not blood.

One print was positively identified as Captain MacDonald's fingerprint; the other was a partial edge of a print, which to date has not been clearly identified.

During the Article 32 hearing MSG Medlin testified that the prints on the jewelry box were unidentified.
Alleged that during the Article 32 hearing it was established that no one had taken an inventory of the contents of the house, and at the end of the hearing, it still had not been done.

Two family heirloom rings are missing.

Comment: Items of evidentiary value were inventoried, but no complete inventory of the quarters was made.

According to Colonel Lennon, a complete inventory was not necessary. Except for MacDonald's TV and other items which MacDonald requested the CID to obtain for his BOQ, nothing in the house was disturbed, except for items sent to Fort Gordon Laboratory for analysis.

MacDonald submitted a claim against the United States in which he included the loss of two heirloom rings; a claim is presently being processed in the US Army Claim Service Office, Fort Holabird, MD.

CID agent Shaw made an informal inventory of items located in the quarters considered to have high intrinsic value, or resale value. A formal inventory was made by Agent Shaw of the drugs and medical equipment maintained in the quarters by Captain MacDonald.
Alleged that the CID did not follow up leads furnished by neighbors that voices of at least two males and a female were heard going in the direction of the MacDonald's backyard immediately prior to the murders.

Refutation: The FBI and CID interviewed 39 neighbors of the MacDonalds in an attempt to determine if anyone heard or saw suspicious actions on the morning of February 17, 1970. All leads of substance were explored.
Alleged that many people called the defense with information on possible leads to the murders who stated they all had called the CID offering the information but no one had ever come to question them or asked them to come to the CID office.

Refutation: There are no indications that the CID failed to explore substantive leads. The publicity generated many calls and letters, some helpful and others useless. It appears that an honest attempt was made by the CID and FBI to follow-up all useful leads.
Alleged that the defense produced a witness who identified a female living next door who fits the description given by Captain MacDonald of the female assailant, and that the CID did not adequately pursue the investigation of the lead.

Refutation: The female identified by witness William (Bill) Posey as meeting the description of the female assailant was Helena Stoeckley, Fayetteville, N.C.

She had been questioned early in the investigation by members of the Fayetteville Police Department, FBI agents, and later by Criminal investigator Bill Ivory. She was useful to the investigation in that she provided information on "hippies" living in the Fayetteville area.

She was never considered a suspect in the MacDonald murders by an investigative agency.
Alleged the Army refused to give protection to the defense witness who identified the female fitting the MacDonald description of the female assailant on grounds these people were civilians and did not come under their jurisdiction.

Substantiation: A request was made by the defense counsel to the Office of the Provost Marshal, Fort Bragg, that the Army furnish protection for witness Posey. The request was referred to civilian authorities as the Army did not have jurisdiction to protect civilians in a civilian community.

Upon contacting the FBI with a similar request, the defense counsel was advised to hire a private security officer.
Alleged MacDonald described the female assailant as carrying a lit candle during the murders but the CID admitted, only after the insistence of the defense, that candle drippings had been found in various rooms of the house.

Refutation: A small quality of candle drippings were found in three places in the MacDonald house; the arm of an overstuffed chair in Kimberley's bedroom, a bedspread in Kimberley's bedroom, and the top surface of the coffee table in the living room.

This fact was related to the defense counsel; however, there was a delay in the receipt of the laboratory analysis of the drippings. The final laboratory report of the drippings was received by government counsel on about August 15, 1970. None of the drippings matched candles found in the MacDonald house.
Alleged that in the middle of the Article 32 hearing, it was imperative to the Army's case that samples of MacDonald's hair be taken due to fact that examination of samples of MacDonald's hair at the Fort Gordon Criminal Laboratory turned out to be "horse hair."

Substantiation: Hair found clutched in Colette MacDonald's fist was sent to the US Army Criminal Investigative Laboratory for examination.

In order to obtain a comparative analysis it was necessary to obtain hair samples of other people.

Defense counsel objections prevented the taking of hair from the body of Captain MacDonald, so hair samples were obtained from his clothing located in his quarters. One hair sample which was obtained from a sweatshirt was subsequently determined to be a horse hair. MacDonald owned a horse at that time.
Alleged that in order to obtain additional samples of MacDonald's hair, seven jeeps and two civilian cars full of MPs and CID agents ran MacDonald's car off the road, beat up one of the civilian lawyers, and slammed the other against the car.

Refutation: An investigation by the US Army CID Agency revealed no substantiation of the charge by the defense civilian attorneys, Segal and Eisman that they were beaten by MPs and CID agents on July 20, 1970.

The report states that Colonel Lennon ordered Captain MacDonald to be apprehended for the purpose of obtaining hair samples from his body.

MacDonald was spotted riding on the Fort Bragg military reservation in an automobile containing the civilian defense attorneys. The car was pursued by MPs and CID agents, and stopped after a short chase.

While attempting to block access to the open door of MacDonald's vehicle, Attorney Eisman was set aside by a CID agent and fell to the ground.

Preponderance of evidence suggest no excessive force was used by the CID agent to move Eisman.
Alleged that Franz Grebner, head of the Fort Bragg CID, admitted he received the laboratory report on the hair August 5, 1970, but did not produce the results of the examination until it was demanded by the Article 32 hearing office, Colonel Warren Rock, claiming it had been misplaced and he had forgotten about it due to other pressing matters.

Substantiation: CW3 Grebner received the laboratory report of the hair samples on July 30, 1970, and filed it with other laboratory reports.

On August 17, 1970 Lieutenant Ossman inquired if the hair samples had been received. Grebner told him he could not recall having seen it but, upon checking his files, discovered that it had been received. He immediately notified Lieutenant Ossman that he had found the report.
Alleged that the CID contends the scene in the MacDonald living room was staged by MacDonald because it was an impossibility for the coffee table to be upset and land on its side as claimed by MacDonald when the same table was upset by the Article 32 officer, Colonel Rock, it did land on its side.

Substantiation: Dr. Fisher experimented with the coffee table in the living room of MacDonald's quarters to determine if it would land on its side, the position in which it was found on the morning of February 17, 1970. There was a suspicion that the living room scene had been deliberately staged by someone who wanted the MPs and CID investigators to think that a struggle had taken place in that room. He found that each time he kicked over the coffee table it landed on its top.

Other items such as magazines, slippers, and a flower pot were scattered as a result of this upset, and never in the course of these experiments did these items fall in a configuration remotely close to the original scene on February 17, 1970.

Colonel Rock reported that on his second visit to the MacDonald quarters, he knocked over the coffee table, and it landed on its edge.

CW3 Grebner was present during this experiment and he contends the test was faulty because the adjacent chair was turned broadside to the table, thus effectively preventing the coffee table from tumbling onto its top.

Photographs taken during the morning of February 17, 1970 show the adjacent chair sitting at an angle of approximately 30 degree to the coffee table.

CID agents Shaw and Ivory also conducted numerous controlled experiments and they determined that the table would land on its edge only if it struck the adjacent chair flush, and along its entire length.
Alleged CID agents maintain that MacDonald could not have seen the faces of the murderers as he claimed; but when the Article 32 hearing officer, Colonel Rock visited the MacDonald house and assumed the same position that MacDonald stated he was in at the time he saw the murderers, Colonel Rock could clearly see the faces of two men who were in the murderers' position as indicated by MacDonald.

Substantiation: Colonel Rock did see the features of a person standing at the foot of the couch during this experiment. It should be noted, however, that additional lighting was available during this experiment.

It should also be noted that Captain MacDonald related that he was awakened from a sound sleep, and he has defective vision.
Alleged that the perjured testimony and suppression of evidence by the CID and the prosecution has brought disgrace to the Army.

Refutation: Captain Somers offered the professional opinion that no perjured testimony was made by CID agents during the Article 32 hearing.

He further stated that Shaw and Ivory were extremely competent  investigators, their conduct at all times proper, and the US Army fortunate to have them assigned to the case.