July 12, 1984: Affidavit #12 of FBI SA Raymond Madden, Jr.
re: James R. Nance, Jr.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA, plaintiff
CASE No. 75-26-CR-3
JEFFREY R. MACDONALD, defendant
Raymond Madden, Jr., being duly sworn does depose and say that:
1. I am a Special Agent of the Federal Bureau of Investigation assigned to the Raleigh, North Carolina Resident Agency of the FBI, and on June 12, 1984, James R. Nance, Jr., Attorney, 310 Dick Street, was contacted and advised of the identity of the interviewing agent and of the nature of the interview in that Mr. Nance had furnished a declaration regarding the Jeffrey R. MacDonald case. Mr. Nance advised as follows:
2. He was shown a copy of a communication entitled, "Declaration of James R. Nance, Jr." and acknowledged that he had prepared this declaration. He noted that he had a very vague recollection about the MacDonald case and many of the events described in his declaration. In this regard, prior to preparing the declaration, he contacted Mrs. Betty Garcia, Fayetteville, North Carolina, to renew any details and/or facts that he may have forgotten. He believes he initially became involved in this case after he received a telephone call from someone who advised him that a Mrs. Betty Garcia wanted to come in and talk with him. He believes this individual may have been Jack (last name unknown) who brought Mrs. Garcia to his office. He recalls talking to Jack first and then to Mrs. Garcia who may have been brought to his office by Mr. Kirkman, his former law partner. The affidavit that he filed is accurate to the best of his recollection.
3. When he returned certain items of evidence to the CID, Fort Bragg, North Carolina, as indicated by "Exhibit A" of his affidavit, he recalls that the evidence was turned over to CID Investigator William F. Ivory in the presence of Captain James F. Douthat who was a member of Captain MacDonald's defense team. The evidence was inspected by both Douthat and Ivory at the time and Nance also recalled looking through the items. He remembered observing a brownish stain on one of the boots; however, he could not recall the size of the stain or indicate the stain's origination. He had absolutely no opinion of the composition of the stain. He was shown photographs of what appeared to be a white pair of boots and did not recall whether these boots appeared identical or not to the ones he turned over to the CID in connection with this case.
4. It was obvious to Nance that Investigator Ivory was not impressed by any of the items that he had turned over and it was Mr. Nance's opinion that Ivory had a preconceived idea of the MacDonald case and that it was Ivory's opinion that Dr. MacDonald was guilty.
5. Concerning the clothing turned over to CID, Mr. Nance stated he could not recall any stains or unusual features about the clothing.
6. He advised that Mrs. Garcia seemed to be a sincere and concerned individual who approached him for legal advice. He was not acquainted with Cathy Perry and to his knowledge had never seen Perry. He was told by Mrs. Garcia that Cathy Perry was unbalanced.
7. To his knowledge, he never represented a Jackie Don Wolverton, but his records indicated that he represented Eddie McDaniels, who was charged on January, 1971, for possession of more than one gram of marijuana. This case went to court in March, 1971, at which time McDaniels received a probationary sentence.
8. Regarding Section 5 of his affidavit, Mr. Nance advised that he turned over certain items to the CID as indicated in Exhibit A, however, he recalled some items of unrecalled description were returned to him which he eventually returned to Mrs. Garcia.
9. The declaration he prepared was by himself at the request of Brian O'Neil, [sic] Santa Monica, California, who telephonically contacted Nance and wanted to send Nance an affidavit. Nance informed O'Neil that he would prepare his own affidavit and forward same to O'Neil which he did through a private investigator who came to his office to obtain same.
10. Your affiant was advised by Special Agent Theodore R. Wasky, FBI, Fayetteville, North Carolina that on May 30, 1984, Judy Lloyd, Deputy Clerk, Cumberland County District Court Records Division, Fayetteville, North Carolina, telephone number (919) 323-1500, provided the following information concerning Jackie Don Wolverton:
11. On January 8, 1971, Jackie Don Wolverton was arrested for possession of marijuana in Cumberland County, North Carolina. He listed an address at that time as D Company, Sixth Special Forces, Fort Bragg, North Carolina. He was represented by an attorney when he appeared in court on February 9, 1971, Sol Cherry, Fayetteville, North Carolina. He appeared once again on June 23, 1971, where the charges of felonious possession of marijuana were dismissed.
12. A co-defendant in the case was Edward McDaniels, Jr., who was arrested on that same date, and on June 23, 1971, pled guilty to a misdemeanor possession of marijuana and received an eighteen month suspended sentence and placed on probation for two years. His probation was revoked on September 15, 1972, and he was committed to the Cumberland County Jail.
13. Lloyd provided a copy of the information in possession of the Cumberland County District Court. The following is a description of Jackie Don Wolverton:
Race - White
Sex - Male
Date of Birth - September 12, 1950
Place of Birth - Ada, Oklahoma
Social Security Number - 2621-90-8465
14. Your affiant interviewed Betty Garcia on 6/27/84 who advised as follows:
15. Betty Garcia, 7514 Paxton Drive, Fayetteville, North Carolina, telephone number 868-2022, telephonically contacted SA Raymond Madden, Jr., and advised she had received a letter from attorney James Nance, Fayetteville, North Carolina, concerning the MacDonald case and inquired whether or not the FBI would like to have a copy of this letter. She was informed that the FBI would like to have a copy and Mrs. Garcia indicated she would forward it to the FBI at Raleigh, North Carolina. She thereafter furnished the following information:
16. In February, 1970, she was residing at the above address in Fayetteville, North Carolina, and was a homemaker. In November, 1970, she met Cathy Perry through a mutual friend, Jackie Wolverton, with whom Perry resided. Wolverton asked Mrs. Garcia to help Perry as she was very sick and at the time, Mrs. Garcia did not know why, but later learned that Perry was a drug addict and was "burnt out."
17. Sometime toward the end of 1970, Perry allegedly stabbed Wolverton and then moved in with Mrs. Garcia as Wolverton was placed on restriction by the United States Army and had to live on base at Fort Bragg, North Carolina. According to Mrs. Garcia, Perry resided with her for approximately ten days and during this period of time, it was obvious to Mrs. Garcia that Perry had a severe drug habit and at the time was possibly using LSD as Perry suffered from hallucinations and saw horrible pictures. According to Mrs. Garcia, Perry was not violent, but had severe mental problems created by drug addiction.
18. Mrs. Garcia unsuccessfully attempted to get help for Perry and when all her efforts failed, she tried to get in touch with Perry's parents, but Perry would not provide her parents' names, addresses or identities. Perry eventually told Mrs. Garcia about an uncle who was a professor in Chapel Hill, North Carolina, and this individual came to Fayetteville, North Carolina, and picked Perry up and took her to a mental hospital in Raleigh, North Carolina. The uncle inquired about Perry's clothing and Mrs. Garcia eventually learned Perry's mother's identity and telephonically contacted her. According to Mrs. Garcia, Perry's mother told her to throw the clothes away or possibly burn them as they would be of no use to Cathy. Mrs. Garcia stated the uncle told her that he would return for Cathy's clothes, however, he never did and prior to getting rid of Cathy's clothes, she got in touch with Jackie Wolverton and Eddie (last name unknown). Jackie and Eddie went around to various residences in Fayetteville, North Carolina, to see if Cathy had left any clothing behind and after gathering up some clothing, they eventually brought the clothing to Mrs. Garcia's house.
19. Mrs. Garcia stated that while Cathy resided at her residence, that Cathy had only one set of clothes that she wore constantly for the entire ten days which consisted of a pair of slacks, possibly jeans, and a wool plaid shirt. When Wolverton and Eddie (last name unknown) brought clothing to her residence, they were not sure whether or not the clothes belonged to Cathy and she was of the opinion that the clothing was a conglomeration of clothing that they had obtained from various places where Cathy had previously stayed. She remembered that some of the clothing may have come from Wolverton's van. While unpacking the clothing in the presence of Wolverton and Eddie (last name unknown), she was sorting the items out and recalled observing a pair of boots which were beige in color and at that time remembered the publicity about the MacDonald case which had been published in the Fayetteville Newspaper about a pair of boots and a floppy hat and in a joking manner, made a comment to Wolverton and Eddie that maybe they were the boots from the MacDonald case.
20. Upon further inspection of the clothing, she recalled finding a photograph of Cathy with three or four other individuals on a dock. These individuals all appeared to be hippie types and she again in a joking manner stated something to the effect, "If I see a floppy hat, I'll really get scared." She showed the photographs to Wolverton who told her she had better do something about the photographs as they have some pertinence to the MacDonald case.
21. Further inspection of the bag revealed other items including a calendar which had the date February 16, 1970, circled and contained other notations. She looked at the calendar and after inspection, concluded that the calendar was circled or notations made on certain dates which indicated to her a system for keeping up with a menstrual cycle or birth control pills.
22. In reference to the boots, Ms. Garcia advised to the best of her recollection, the boots were beige in color and were crinkly in appearance. She also recalled that there may have been some kind of a stain on the boots, but she is not sure and does not ever recall making the assumption and/or statement that the stains were blood stains.
23. As she was convinced by Wolverton that some of the items may have some pertinence to the MacDonald case, she eventually furnished these items to Mr. (first name unknown) Kirkman who was from the MacDonald case.
23. As she was convinced by Wolverton that some of the items may have some pertinence to the MacDonald case, she eventually furnished these items to Mr. (first name unknown) Kirkman who was associated with MacDonald's attorney in Fayetteville, James Nance. Approximately two months later, the items were returned to her by the FBI and she was not certain whether or not she received a receipt. Among the items she recalled turning over was a photograph of Cathy Perry on a dock as previously described, a pair of women's boots, and other unrecalled clothing items. She subsequently furnished the photographs to Prince Beasley and another private investigator believed to be Raymond Shedlick. To the best of her recollection, she has never furnished a signed statement or affidavit to either Beasley or Shedlick.
24. Mrs. Garcia stated that Cathy Perry never mentioned to her anything whatsoever regarding the MacDonald case and had no reason to suspect that Perry had been involved or had knowledge of the MacDonald murders. According to Mrs. Garcia, the time she cared for Cathy, it was obvious to her that Cathy had serious mental problems and Mrs. Garcia was of the opinion that if someone had told Cathy something, that Cathy would think that it actually happened and eventually attribute it to herself. Cathy told Mrs. Garcia that she had lived with witches and warlocks.
25. Mrs. Garcia advised that the last investigator who contacted her regarding the above information believed to be Ray Shedlick, told her that Helena Stoeckley had given the boots to Cathy Perry; however, Mrs. Garcia told Shedlick that she had no information in this regard. Mrs. Garcia advised that the above events in her opinion have been blown out of proportion and she admitted she was excited and somewhat embellished the events because it was a very interesting story and was not serious to her, although she felt obligated to step forward with whatever information she possessed. She found it extremely interesting that she would hear rumors and stories about the clothing and boots she described previously and that when these rumors returned to her, she realized how out of proportion this matter had become.
26. Your affiant received a letter from Mrs. Betty Garcia directed to her from James R. Nance, Jr., Attorney, Fayetteville, N.C., dated June 14, 1984, which is attached as exhibit 1 of this affidavit.
Further your affiant sayeth not.
RAYMOND MADDEN, SR.
Federal Bureau of Investigation
Subscribed and sworn to before me this 12th day of July, 1984
My Commission Expires May 31, 1985
Note from Christina Masewicz: No attachment(s) were included with the above affidavit when received