July 18, 1988: Ted Gunderson's report on interview of
Retired FBI agent Tom Kelleher re: FBI Serology Reports
From: Ted Gunderson
Date: July 18, 1988
RE: FBI SEROLOGY REPORTS
On July 18, 1988, Ted Gunderson interviewed former FBI agent Tom Kelleher. Mr. Kelleher stated that he had worked in the FBI Serology Laboratory from 1967-1974. In 1976, Mr. Kelleher held the position of Assistant Director in the FBI Laboratory. From 1974-1976, Mr. Kelleher was part of a special unit (not stated) that was not involved with serology. Mr. Kelleher did serology tests while in the FBI prior to his retirement on August 8, 1978.
Mr. Kelleher stated that he recalls an unusual case, where every member of the family had a different blood type.
Mr. Kelleher recalls doing the serology on the MacDonald case, however, is uncertain of the year the testing was done, but believes the year was 1971.
Mr. Kelleher also stated that during the period he was working in the serology lab, he would have been the only person doing the tests, no one else.
Mr. Kelleher is uncertain, but believes that some serology work was also done on the case in 1974, however, he is uncertain if he did the 1974 testing or someone else did it. Mr. Kelleher left the serology lab in early 1974.
Mr. Kelleher stated that the serology report should have been admitted into evidence.
Mr. Kelleher further stated that as he recalls, Mr. Stombaugh was a hair and fiber expert, not a serology expert, but believes that Mr. Stombaugh handled the serology reports during the MacDonald trial.
Mr. Kelleher explained the following as normal FBI procedure, involving trials:
One FBI expert witness will testify as to all findings. The expert witness does not have to be an expert in a particular field, the expert witness testifying presents the report, the court makes a stipulation (stipulated report).
Mr. Kelleher assumes that Mr. Stombaugh entered his (Mr. Kelleher's) report at trial. Mr. Kelleher stated that the army testified and although Mr. Kelleher states he is uncertain, he does not believe there was any conflict between the FBI reports and the army findings.
Mr. Kelleher also stated that anytime the FBI Laboratory makes a report, that report becomes the property of the requesting agency, in this case the army.
Mr. Kelleher gave the following recommendations:
1.) Write a letter to the army, requesting all FBI reports and copies thereof.
2.) If the army refuses the request, go through the courts. Mr. Kelleher states that to his knowledge, the courts have always granted these requests.
Mr. Kelleher stated that after the FBI records are obtained, he will meet with Ted Gunderson and give Ted Gunderson a statement.
Mr. Kelleher further stated that he would not give a statement at this time, that under no circumstances would he give any further statements until he has the original lab notes in front of him.
Mr. Kelleher also said that the only reason he was talking to Mr. Gunderson was because of the respect he had for him as a friend and as an agent.
Mr. Kelleher also stated that he was totally objective in this matter and would remain fair and just.