Affidavits, Declarations and Statements

September 13, 1984

United States District Court
Eastern District of North Carolina

Affidavit of James Jenkins (FBI) re: Latent Prints

Attachment

UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA :
v. : NO. 75-26-Cr-3
: Civil No. 84-41 CIV-3
JEFFREY R. MACDONALD :
I, James E. Jenkins, being duly sworn do depose and say that:

(1) I am employed by the Federal Bureau of Investigation (FBI), Identification Division.

(2) I have been further employed by the FBI as a fingerprint examiner in the Latent Fingerprint Section, and as such I performed all of the examinations relating to questioned fingerprints submitted by the Army to the FBI, as they pertain to the MacDonald case.

(3) Along with the results of my examinations, the fact that more negatives than photographs of latent prints were delivered to me by then Captain Brian Murtagh, USACIDC, on November 27, 1974, for examination is reflected in the attached Report of the Identification Division, dated February 12, 1974, under the heading "Specimens". (see enclosure)

(4) In the spring of 1979, I received a phone message that Bernard Segal, an attorney representing Jeffrey MacDonald, had called to speak with me. Prior to returning Mr. Segal's call I contacted Brian M. Murtagh, the Justice Department attorney handling the trial preparation and arranged for him to be present when Mr. Segal called back. Subsequently, Mr. Segal called and stated, in substance, that he wanted to talk to me about the FBI's examination of the fingerprints in the MacDonald case. Before Mr. Segal got too far along I explained that the prosecutor, Mr. Murtagh, was also on the line. At that point Mr. Segal said he had another call to take or return and he terminated the conversation. To the best of my recollection, I was never contacted again by Mr. Segal or any other of the MacDonald defense team. To the best of my recollection, Mr. Segal did not request that the FBI furnish him with copies of all the photographs and negatives of latent areas submitted by the CID for examination. Had Mr. Segal done so the only photographs and negatives which I would have been able to furnish him in 1979, would have copies made by the Identification Division of latent prints previously identified, and copies of photographs and negatives of unidentified latents determined to be of value for comparison purposes. All of the original photographs, negatives and record fingerprints previously submitted by the Army for examination in 1974, and had been returned to the CID in 1975.

(5) Based on my training and experience as a fingerprint examiner in the Identification Division of the Federal Bureau of Investigation, I can state the following in regards to the enhancement of photographs of latent areas: a photograph of a latent area can be enhanced for comparison purposes if the negative is in focus, by reprinting the photograph on various types of paper to enhance the contrast in the photograph. This has long been a standard operating procedure employed by fingerprint examiners. From my experience, and based on the standard operating procedures employed by the FBI, I can further state, that when the negative is out of focus because there was improper focusing of the camera lens or movement occurred during the taking of the photograph, enhancement as described above will not correct the blurring of the image. Accordingly, the photograph from such a blurred negative will not be rendered valuable for comparison purposes merely because it has been printed on a photographic paper with different contrast characteristics.

Further you affiant sayeth not.

/James E. Jenkins/
JAMES E. JENKINS


Subscribed and sworn to before me this    13    day of September, 1984

/Sharon L. Tucci/
Sharon L. Tucci
Notary Public



Attachment
February 12, 1975: Letter from the FBI to Brian M. Murtagh
(Transcript provided below)

February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 1 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 1 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 2 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 2 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 3 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 3 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 4 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 4 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 5 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 5 of 12


Enclosure

February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 6 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 6 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 7 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 7 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 8 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 8 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 9 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 9 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 10 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 10 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 11 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 11 of 12
February 12, 1975: FBI Report to Brian Murtagh from Latent Fingerprint Section, p. 12 of 12


Trancript of Attachment
with Enclosure


FBI FINGERPRINT REPORT

Report of the Identification Division Latent Fingerprint Section

February 12, 1975

Your File No.
FBI File No. 70-51728
Latent Case No. A-25000

To: Captain Brian M. Murtagh
The U. S. Army Criminal Investigation Command
U. S. Department of the Army
Washington, D. C. 20318

Unknown Subject(s)
Jeffrey Robert MacDonald, and Others – Victims
544 Castle Drive
Fort Bragg, North Carolina
Re: Crime on Government Reservation Murder


Specimens delivered on November 27, 1974, and December 30, 1974, by Captain Murtagh, letter December 9, 1974, and specimens received January 8, 1975.

Reference: Addressee and FBI, Charlotte, Albuquerque, and New York Divisions.
Examination requested by: Same

Specimens:
(1) 290 negatives.
(2) 312 phot
(24) Christian, David M., Jr. (fingerprints and palm prints)
(25) Cirrone, Charles David (fingerprints and palm prints)
(26) Clark, Timothy Steven (fingerprints and palm prints)
(27) Collins, James Dwight (fingerprints and palm prints)
(28) Comisky Patricia Anne, FBI #16345H
(29) Connelly, Paul A.
(30) Cooper, Charles C.
(31) Cullity, Annette (copy of fingerprints)
(32) D'Amore, Mario Sabastian (fingerprints and palm prints)
(33) Dickerson, David Harlen (fingerprints and palm prints)
(34) Duffy, Robert John (fingerprints and Palm prints)
(35) Durkin, Kathleen M. (fingerprints and palm prints)
(36) Eiler, Brenda Lynn (fingerprints and palm prints)
(37) Eshelman, Wayne M., Jr. (copy of fingerprints)
(38) Faber, Frederick Charles, lll (fingerprints and palm prints)
(39) Faulk, Russell Dale (copy of fingerprints)
(40) Fortner, Richard Michael (copy of fingerprints)
(41) Fowler, Bruce Johnny (fingerprints and palm prints)
(42) Fowler, Janice Marie (fingerprints and palm prints)
(43) Gardner, Robert H.
(44) Germano, Gerald Dominic (fingerprints and palm prints)
(45) Gilchrist, David Clifton (copy fingerprints)
(46) Gregg, David William (fingerprints and palm prints)
(47) Hageny, Thomas R. (fingerprints and palm prints)
(48) Hall, Jimmy Earl
(49) Hampson, John Charles (copy fingerprints)
(50) Hanley, Patrick D.
(51) Harris, Shelby Don (copy fingerprints)
(52) Harrison, Ronald Howard (fingerprints, palm prints and footprint)
(53) Hodges, John W.
(54) Hurst, Lewis Willard (fingerprints and palm prints)
(55) Ingland, James W. (copy fingerprint)
(56) Ingland, Terry William (copy fingerprints)
(57) Ivory, William Francis (fingerprints and palm prints)
(58) Jeffrey, Donald Rinzo (fingerprints and palm prints)
(59) Jenkins, Joseph E. (fingerprints and palm prints)
(60) Jetta, Charles F. (copy fingerprints)
(61) Johnson, Betty Jean (fingerprints and palm prints)
(62) Johnson, Henry (fingerprints and palm prints)
(63) Jones, Donna Marie (fingerprints and palm prints)
(64) Joyner, Nancy Diane (fingerprints and palm prints)
(65) Kalin, Donald Leroy ( fingerprints and palm prints)
(66) Kalin, Donald Lewis (fingerprints and palm prints)
(67) Kalin, Pamela Lorraine
(68) Kalin, Paul Andrew (fingerprints and palm prints)
(69) Kalin, Violet Mary (fingerprints and palm prints)
(70) Kassab, Alfred Gatas (fingerprints and palm prints)
(71) Kassab, Mildred Stevenson (fingerprints and palm prints)
(72) Kelley, Ronald Edward (fingerprints and palm prints)
(73) Kingston, Josephine Rae (fingerprints and palm prints)
(74) Kingston, Leslie Mildred
(75) Kulbeck, Larry James (fingerprints and palm prints)
(76) Lawson, Edward Charles, Sr.
(77) Lee, Joseph (fingerprints and palm prints)
(78) MacDonald, Dorothy (fingerprints and palm prints)
(79) MacDonald, James Barthold (fingerprints and palm prints)
(80) MacFarlane, Michael D. (fingerprints and palm prints)
(81) Maki, Leonard J.
(82) McAllister, David Haze
(83) MacDonald, Howard Hughes (fingerprints and palm prints)
(84) MacDonald, Jerry Wayne (copy fingerprints)
(85) Mica, Kenneth C. (fingerprints and palm prints)
(86) Mitchell, Gregory Howard (fingerprints and palm prints)
(87) Mitchell, Susan
(88) Moore, James Frank (fingerprints and palm prints)
(89) Moore, Rebecca J. (fingerprints and palm prints)
(90) Moore, Regina Joyce (fingerprints and palm prints)
(91) Morris, Dennis R. (fingerprints and palm prints)
(92) Musgrave, Walter Edmund (fingerprints and palm prints)
(93) Neal, William P. (fingerprints and palm prints)
(94) Norman, Vicki Sue (fingerprints and palm prints)
(95) Nuchereno, John Robert
(96) Orr, Raymond P.
(97) Paarmann, L Dean (fingerprints and palm prints)
(98) Paulk, Joseph L. (fingerprints and palm prints)
(99) Paulsen, James Warner, Jr. (fingerprints and palm prints)
(100) Perry, Cathy Elizabeth (copy of fingerprints)
(101) Perry, James Joseph
(102) Probst, Charles Edwin, Jr. (fingerprints and palm prints)
(103) Riopello, Albert (fingerprints and palm prints)
(104) Rossi, Hagan A.
(105) Sellick, John Frederick
(106) Shaw, Robert B. Jr. (fingerprints and palm prints)
(107) Sherer, Joseph Peter (fingerprints and palm prints)
(108) Sinclair, John, Jr. (fingerprints and palm prints)
(109) Smith, John R. (fingerprints and palm prints)
(110) Smith, Kathy Ann (fingerprints and palm prints)
(111) Smith, Melinda Mary (fingerprints and palm prints)
(112) Stinebaugh, Donald R. (fingerprints and palm prints)
(113) Stoeckley, Helena Worlie
(114) Strope, Daniel (fingerprints and palm prints)
(115) Taylor, Sherrie Louise
(116) Tevere, Richard Dennis (fingerprints and palm prints)
(117) Thoesen, Mary Judith (fingerprints and palm prints)
(118) Thoesen, Richard Craig (fingerprints and palm prints)
(119) Tool, H. Warren, Jr. (fingerprints and palm prints)
(120) Webb, Guy P. (copy fingerprints)
(121) Weiss, David L.
(122) White, Ann R. Johnson (fingerprints and palm prints)
(123) Williams, Donald R., Jr. (fingerprints and palm prints)
(124) Williams, Larry A. FBI #500617E
(125) Wright, Robert Earl
Webmaster note:  The misspelling of Hogan (Rossi) has been corrected to Hagan in this transcript.