December 20, 1984: Declaration of Myrna K. Greenberg
re: Defense's Requests for Evidence with Attachment
I, Myna K. Greenberg, declare as follows:
(1) I am an attorney admitted to practice law in the State of California and the United States District Court for the Central District of California.
(2) I have been employed as an associate in the law firm of Brian O'Neill, A Professional Corporation, since November 1, 1983. Since my employment with Mr. O'Neill on November 1, 1983, I have aided Mr. O'Neill in his representation of Dr. Jeffrey R. MacDonald in seeking post-trial remedies in the case captioned United States v. Jeffrey R. MacDonald, Case No. 75-26-CR-3.
(3) As a apart of my duties in this case, I have reviewed the records relating to the case, including the files relating to the case which were relinquished by Bernard L. Segal, Dr. Mac- Donald's former counsel. In preparation of Dr. MacDonald's Motion to Set Aside Judgment of Conviction Pursuant to Section 2255, I have reviewed the pre-trial discovery motions and related correspondence.
(4) I determined that the following pre-trial discovery motions and related correspondence pertained to relevant items of suppressed evidence:
(1) October 10, 1975 letter requesting Jencks Act material which specifically request statements of Mr. Medlin. (Exhibit A).
(2) November 12 and 17, 1975 letters requesting all Jencks Act statements from witnesses whom the government planned to call, and November 4, 1975 letter in which the defense requested FBI and CID statements of witnesses whom the Government planned to call. (Exhibits B, C and D respectively.)
(3) The August 6, 1979 defense request for production of Jencks Act and Brady materials, seeking "all statements and reports of and by each person listed by the Government on the list of witnesses submitted by it to the defendant at the beginning of the trial." (Exhibit E)
(b) BLOODY CLOTHES AND BOOTS
(1) The June 13, 1979 pre-trial discovery request seeking:
(a) "all exculpatory evidence, including recent reports by citizens of possible suspects, police and other investigatory files of possible suspect"; and
(b) the CID Report of Investigation. (Exhibit F)
(c) LOST SKIN
(1) April 1975 Motion for Discovery and Inspection of Documents Pursuant to Federal Rules of Criminal Procedure 16, which specifically sought:
(a) "all reports, scientific tests and experiments made in connection with this case regarding fingernail scrapings, including ….fingernail scraping taken from …. Colette …. MacDonald by discovery motion." (Exhibit G)
(2) November 12 and 17, 1975 request for all Jencks Act statements from witness whom the government planned to call; and the November 4, 1975 defense request of the FBI and CID statements of witness whom the government planned to call and copies of their statements, including FBI and CID witness statements. (Exhibit B, C and D respectively).
(3) The January 22, 1976 request for the substantiation of the chain of custody and physical evidence which would have disclosed Ivory's involvement. (Exhibit H).
(d) THE LETTER "G"
(1) Dr. MacDonald's 1975 Brady motion requested the government's photographic evidence.
(2) October 21, 1975 letter from Michael Malley to Brian Murtagh in which Mr. Malley confirms Mr. Murtagh's representation that the government will provide the defense with 500 photo- graphs purporting to be "all photographs of the crime scene evidence, etc." (Exhibit I).
(3) The January 19, 1976 request by Dr. MacDonald's attorney for a complete set of photos which they had not yet received. (Exhibit J).
(e) FINGERPRINT NEGATIVES
(1) Dr. MacDonald's 1975 Brady motion requesting the government's photographic evidence.
(2) The October 1975 letter from Mike Malley to Brian Murtagh in which Mr. Malley confirmed Mr. Murtagh's representation that the government will provide the defense with 500 photo- graphs purporting to be "all photographs of the crime scene, etc." (Exhibit I).
(3) Dr. MacDonald's attorney's request for a complete set of photographs which they had not yet received. (Exhibit J).
(5) In my review of material obtained through FOIA and comparison of those materials with the materials that the defense received through it pre-trial discovery requests, I noted that pursuant to the above Brady and Jencks Act requests the government provided Dr. MacDon-ald with numerous CID reports, including statement of Agent Ivory and a copy of USA/CID Lab Report No. P-D-FA-C-FT-82-70-R-29, September, stating: "Reexamination [by USA/CID Chemist Janice Glisson] of exhibits 233 through 239, 256, E-4 and E-5 (which reported fingernail scrapings from the left and right hand of Colette, Kimberly, Kristen and Jeffrey MacDonald). Debris from Colette MacDonald's right and left hand did not reveal the presence of any skin particles."
However, the prosecution did not provide two statements of Agent Ivory of December 15, 1970 and March 2, 1973, which documented the existence of human skin under Colette MacDonald's fingernail, nor did the prosecutor provide Agent Grott's report which disclosed the loss of skin.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 20th day of December 1984 at Santa Monica, California
- Exhibit A - October 10, 1975: Bernard Segal's letter to Brian Murtagh Requesting Grand Jury Testimonies, Witness Statements and Other Jencks Act Materials
- Exhibit B - November 17, 1975: Bernard Segal's letter to Brian Murtagh acknowledging receipt of additional Jencks Act material
- Exhibit C - November 12, 1975: Bernard Segal's letter to Brian Murtagh confirming receipt of grand jury testimonies and, request other materials in your possession you consider within the meaning of the Jencks Act not included in the grand jury testimony
- Exhibit D - November 4, 1975: Michael Malley's letter to Brian Murtagh re: Chain of Custody
- Exhibit E - August 6, 1979: Defendant's Request to the U.S. Attorney For Production of Jencks Act and Brady Material at the conclusion of the Government's Case in Chief
- Exhibit F - June 13, 1979: Motion of Defendant for Pre-Trial Discovery
- Exhibit G - April 8, 1975: Motion by Jeffrey MacDonald For Discovery and Inspection of Documents, ETC., Pursuant to Federal Rule of Criminal Procedure 16
- Exhibit H - January 22, 1976: Letter to Brian M. Murtagh from Bernard Segal re: Proposed stipulation as to the chain of custody
- Exhibit I - October 21, 1975: Letter to Brian Murtagh from Michael Malley re: Requests for Evidence
- Exhibit J - January 19, 1976: Bernard Segal's letter to Brian Murtagh re: Crime Scene Photographs and Fingerprint Photographs