February 25, 1974: Letter from Freddy Kassab to
U.S. Attorney General William Saxbe
From the files of Freddy Kassab
Translation of document following scanned copy
Note: Translation of the above document as I read it to be
Spelling, punctuation and grammar preserved
Alfred G. Kassab
22 Bonnie Lane
Stony Brook, N. Y.
Honorable William B. Saxbe
U.S. Attorney General
U.S. Depart of Justice
Washington, D.C. 20530 February 25, 1974
Subject: Criminal Div, file #90-1-7-54 (MacDonald Case)
On aprox. June 1, 1972 the subject case was refered to the U.S. Justice Dept., Criminal Division, by the U.S. Army, with a recommendation for prosecution.
Since that time, the case has been assigned to one group of lawyers after another within the Justice Dept. Much disagreement has taken place, as to the out come of such a prosecution. I have repeatedly expressed the opinion to Mr. Petersen, that he does not have the right to pre-judge the outcome of a trial prior to prosecution. There exists in his hands far more evidence than is necessary for an inditment and prosecution. However the decision has been made by Mr. Petersen not to prosecute. He has advised me that he has refered the case back to the U.S. Army C.I.D. Command "for further investigation". A completely illegal move in my estimation, since the one and only suspect is a civilian.
I have asked Mr. Petersen, under what legal authority he is using the U.S. Army to investigate a civilian murder case. Instead of answering my inquiry he has refered it to the U.S. Army, "for consideration".
Mr. Petersen is attempting to pass the buck on this case. However there is no way that the U.S. Army can or will legally continue to investigate a civillian. Nor will I allow this situation to continue.
I intend to persue this matter into the courts and in the process expose the lackadasical manner in which the Justice Dept. has handled this triple murder case.
I have stated before in writting to the Dept. of Justice that I am willing to sign a complaint on three counts of premeditated murder against Dr. Jeffrey MacDonald. I intend now to proceed along these lines, with or without the assistance of the Justice Dept. If I proceed on my own you can be sure that I will do so in full view of the media.
I have not asked the Dept. of Justice to prosecute someone they do think is guilty. I have not asked them prosecute someone without evidence, nor have I asked that they proceed with a case where ligitimate inditment is not a certainty.
I have been frustrated at every turn, however I still seek a legal solution to my frustration and will continue to do so until I feel that no more can be done by one man against as formidable an entity as the Justice Dept.
Our country has come to a sorry state when a citizen has to fight the Justice Dept. in order to get the prosecution of a known murderer. It would seem of late that unless the news media or Congress, interveens nothing is done about the prosecution of any major federal crime.
I swear to you that I will not allow the murderer of my daughter and two grandaughters to get away with those brutal murders.
You should know, before this matter proceeds any further, that I have the opinion of a U.S. Magistrate that:: If this case were in his jurisdiction he would see to it that it was presented to a Grand Jury. Therefore I am having a "Criminal Information" prepared for my signature and filing.
Any attempt to stop me, overt or covert will be explained to the media. The excuse of an "ongoing investigation" will not hold water any more. I have in my possession a letter from the U.S. Army dated 1/3/74 that says:
"Due to your close interest in the investigation conducted by this command and your desire to know the status of action being taken, you are advised that the United States Department of Justice has notified this headquarters that insufficient evidence exists to undertake prosecution for the death of your loved one." The foregoing is direct quote and not taken out of context.
I therefore am formally requesting that you instruct the U.S. Attorney for the Eastern District of North Carolina to proceed at once or that you advise me in writting that in the opinion of the U.S. Dept. of Justice, there is insufficient evidence on which to obtain an inditment by a grand jury.
If you have any doubts about my intentions, I sugest that you cousult the U.S. Army's C.I.D. Command and Judge Advocate General's office for confirmation of the fact, that I usualy do what I say I am going to do.
This case was closed once before for all intents and purposes, in October of 1970 and at that time I paid a personal visit to the office of every Congressman and Senator in this country with the result that the case was reopened. I can do this once again if it becomes necessary.
There is no way that the U.S. Department of Justice can sweep this case under the proverbial rug, simply out of fear that you might loose the case and not because you don't have a case.
A prompt reply is requested.
Alfred G. Kassab
Certified mail, return reciept.
Copies: Senator Sam J. Ervin, Jr.
Congressman Otis G. Pike
Congressman Peter W. Rodino Jr.