Court Records
April 23, 1979
United States District Court
Eastern District of North Carolina
Motion of Defendant to Compel Production of Tangible Objects
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FAYETTEVILLE DIVISION
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FAYETTEVILLE DIVISION
| UNITED STATES OF AMERICA | : | Criminal No. 75-26-CR-3 |
| V. | : | Civil No. 84-41-CIV-3 |
| JEFFREY R. MACDONALD | : |
The Defendant, Jeffrey R. MacDonald, by and through his undersigned attorney, pursuant to Rule 16(a)(1)(C) of the Federal Rules of Criminal Procedure, hereby moves the Court for an order directing Plaintiff to produce the tangible objects listed in Exhibit "A" attached hereto and to deliver said objects to Defendant's independent expert, Dr. John Thornton, for examination and analysis thereof.
This Motion is based upon the accompanying Memorandum and the Affidavits attached hereto.
Date: April 23, 1979
Respectfully submitted,
By: /Bernard L. Segal/
BERNARD L. SEGAL
Attorney for Defendant
JEFFREY R. MACDONALD
536 Mission Street
San Francisco, California 94105
415/543-2512
and with him
By:Wade M. Smith/
WADE M. SMITH
Tharrington, Smith & Hargrove
300 Branch Bank Building
Post Office Box 1500
Raleigh, North Carolina 27602
PHYSICAL EVIDENCE IN THE POSSESSION OF THE GOVERNMENT WHICH THE DEFENDANT SEEKS TO HAVE EXAMINED BY DEFENSE EXPERTS PURSUANT TO FED. RULE OF CRIM. PROC. 16 (a) (1) (C)
All exhibits which were the subject of and/or which were referred to in the following laboratory reports and all addenda and supplements thereto:1
A. USACIL Laboratory reports numbered as follows:
(1) FA-D-P-C-FP-82-70 [referred to as the "Consolidated" laboratory report] ; dated 29 March, 1972
(2) FA-D-P-C-FP-82-70-R thru R-4; dated RETURNED 11 April 70
17 April 70
(3) FA-D-P-C-FP-82-70-R-4; dated RETURNED
Change 1 5 June 70
(4) FA-D-P-C-PP-82-70-R-5
(5) FA-D-P-C-FP-82-70-R6; dated RETURNED 22 April 70
(6) FA-D-P-C-FP-82-70-R7
(7) FA-D-P-C-FP-82-70-R8
(8) FA-D-P-C-FP-82-70-R9
(9) PA-D-P-C-FP-82-70-R-10 & R-12 & R-13; dated RETURNED
22 Aug 70 (R-10 & R-13) and 1 September 70 (R-12)
(10) FA-D-P-C-FP-82-70-RIO; dated RETURNED 22 August 70
(11) P-FA-D-C-FP-82-70-Rll [sic]; dated RETURNED 29 July 70
(12) P-FA-D-C-FP-82-70-RI3; dated RETURNED 19 August 70
(13) P-FA-D-C-FP-82-70-Rl4
(14) P-FA-D-C-FP-82-70-R-15; dated RETURNED 2 September 70
(15) P-FA-D-C-FP-82-70-R-16
(16) P-D-FA-C-FP-82-70-R-17; dated RETURNED 9 December 70
(17) P-FA-D-FP-82-70-R-18;. dated RETURNED 1 February 71
(18) P-FA-D-C-FP-82-70-RI9; dated RETURNED 19 February 71
(19) P-FA-D-C-FP-82-70-R20
(20) P-FA-D-C-FP-82-70-R21; dated RETURNED 22 February 71
(21) P-FA-D-C-FP-82-70-R22; dated RETURNED 16 March 71
(22) P-PA-D-C-FP-82-70-R23; dated RETURNED 17 Mar 71
EXHIBIT "A"
(23) P-FA-D-C-FP-82-70-R24; dated RETURNED 20 April 71
(24) P-FA-D-C-FP-82-70-R25; dated RETURNED 25 May 71
(25) FA-D-C-FP-82-R26; dated RETURNED 24 June 71
(26) FA-D-P-C-FP-82-70-R27; dated RETURNED June 1971
(27) P-FA-D-C-FP-82-70-R28;dated RETURNED 19 July 71
(28) P-D-FA-C-FP-82-70-R29; dated RETURNED 20 September 71
(29) P-D-FA-C-FP-82-70-R30; dated RETURNED 10 September 71
(30) P-D-FA-C-FP-82-70-R31; dated RETURNED 21 October 71
(31) P-D-FA-C-FP-82-70-R32; dated RETRUNED 11 November 71
(32) P-D-FA--C-FP-82-70-R33; dated RETURNED 18 November 71
(33) P-D-FA-C-FP-82-70-R34; dated RETURNED 1 December 71
(33) P-D-FA-C-FP-82-70-R34; dated RETURNED 1 December 71
(34) FA-D-P-C-FP-82-70-R35; dated RETURNED 11 January 72
(35) P-D-FA-C-FP-82-70-R36; dated RETURNED 4 February 72
B. USACIDC Laboratory Reports numbered as follows:
(1) 70-FA-P-C-FP-82-R34 (R-37); dated RETURNED 18 May 73
(2) FP-82-70-R35 (R-38); dated RETURNED 25 June 73
(3) 70-FP-82-R36 (R-39); dated RETURNED 12 July 73
(4) 70-FA-D-P-C-FP-82-R37 (R-40); dated RETURNED 3 August 73
23 August 73
C. Criminal Investigation Laboratory Report, Laboratory Case Number 75-CID131-01729-Fp;- dated 4 February 1975
D. National Office Laboratory, Alcohol, Tobacco and Firearms Division Report No. NOL 3589, re 71CID011-00015-00015; dated August 20, 1971
E. Federal Bureau of Investigation Laboratory Reports re Jeffrey R. MacDonald, as follows:
(1) Latent Fingerprint Report; Case No. A-25000; dated August 26, 1970
(2) Laboratory Report No. PC-F7279 JV; dated July 2, 1971
(3) Laboratory Report dated October 17, 1974
(4) Latent Fingerprint Report dated October 29, 1974
(5) Laboratory Report dated November 5, 1974
(6) Laboratory Report re Airtel 11/l/74 dated November 14, 1974
(7) Latent Fingerprint Report dated February 12, 1975
(8) Latent Fingerprint Report re Airtel 2/24/75 dated March 4, 1975
F. Memorandum to B. Grotts from Martin Lonky re 71-CID011-00015; dated 27 July 1973
G. All matters which were collected and/or gathered and/or examined and/or interpreted and/or submitted for laboratory, medical or other scientific examination, and which are referred to in the reports of autopsy of Colette, Kimberly and Kristen MacDonald.
l The initials USACIL identify the United States Army Criminal Investigation Laboratory.