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February 14, 1991: Affidavit of Michael P. Malone re: hairs, fibers and debris
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
(FAYETTEVILLE DIVISION)
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UNITED STATES OF AMERICA
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v.
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CASE No. 75-26 Cr.-3
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JEFFREY R. MACDONALD
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I, Michael P. Malone, being first duly sworn, state under oath the following:
1. I am the senior examiner of the Hairs and Fibers Unit (HFU) of the Federal Bureau of Investigation (FBI) Laboratory which is located in Washington, D.C.
2. The FBI Laboratory is one of the largest crime laboratories in the U.S. and conducts thousands of forensic examinations annually for all types of duly authorized law enforcement agencies, both foreign and domestic, including all of the forensic examinations for the FBI.
3. My duties at the FBI Laboratory include the examination and comparisons of hairs, fibers and related materials, trial testimony concerning the results of these examinations, the supervising of evidence technicians in the processing of evidence, conducting and supervising the processing of actual crime scenes, and the training of law enforcement personnel, including state and local crime laboratory examiners.
4. I am a graduate of Towson State University (1968) in Baltimore, Maryland and of James Madison University (1970) in Harrisonburg, Virginia, where I received a Master's Degree in Biology. In 1968, I became a secondary school teacher and subsequently taught both biology and general science in Maryland, Virginia and Florida.
5. In November of 1970 I entered the FBI as a Special Agent and was subsequently assigned to the Cincinnati and New York Field Offices, where I worked bank robbery, kidnapping and organized crime matters. In September of 1974 I was assigned to the HFU of the FBI Laboratory where I have remained ever since. My first year at the FBI Laboratory consisted of intensive training in the field of hairs and fibers. At the end of that period I was designated by the Director of the FBI as a Forensic Microscopist specializing in trace evidence.
6. Since 1974 I have worked over 4000 criminal cases in the field of hairs and fibers, have examined the known hair samples of over 10,000 individuals, have conducted hundreds of thousands of examinations of unknown hairs and fibers and have testified over 350 times in both State and Federal Courts in 44 states, the District of Columbia, the U.S. Virgin Islands and the Commonwealth of the Northern Mariannas.
7. Since 1974 I have also worked as an instructor at the forensic program of the Office of Special Investigations (OSI) of the Air Force in Washington, D.C., have been an instructor at the Hair and Fiber Schools conducted at the FBI Academy in Quantico, Virginia, and have been a guest lecturer on the role of hair and fibers in homicide investigations in numerous local, state, national and international law enforcement symposia throughout the U.S. I have lectured to National Academy classes, FBI Inservice classes and the staff of the Drug Enforcement Administration at the FBI Academy. I have also been a guest lecturer at the Law School of the University of Notre Dame, as well as giving numerous lecturers [sic] at the FBI Laboratory itself. I have also worked numerous major serial murder cases, major homicide cases and have personally conducted or supervised the processing of crime scenes both in the U.S. and in Mexico.
8. I have written articles on the role of hair and fibers in homicide investigations, which have been published in the Law Enforcement Bulletin. I was invited by the National Institute of Justice (NIJ) to be the only forensic contributor to the Multi-Agency Investigative Team (MAIT) Manual, the primary manual devoted to the investigation of serial murder crimes and which has been distributed by the NIJ to virtually every law enforcement agency in the U.S.
My articles have also been published in a basic textbook of forensic science entitled Criminalistics--An Introduction to Forensic Science.
9. I became involved with the case of United States v. Jeffrey MacDonald in March of 1990 when I was assigned to do certain hair and fiber examinations and re-examinations pertaining to selected items of evidence associated with the MacDonald case.
10. The basic premise of all trace evidence examinations arises from the "Transfer Theory of Locard," which simply states that all individuals are constantly exchanging hairs, fibers and other trace evidence with their immediate environment. This trace evidence can be tremendously important in associating an individual with a crime scene, a murder weapon or another individual or specific environment. The examination of the microscopic and optical properties of hair and fiber evidence can be critical to another basic premise of forensic science, the comparison of an unknown item to a known source. In conducting a forensic examination, and this is true for all fields of forensic science, an unknown item is compared directly to a known source, and normally, one of two conclusions can be reached as to the origin of the unknown items. Firstly, if the unknown is different or dissimilar to the known source, then that unknown item did not originate from or cannot be associated with that known source.
Secondly, if the unknown is the same as, is similar to, or exhibits the same individual microscopic characteristics as the known source, then that unknown item is consistent with coming from that particular known source. Only in certain instances (i.e. firearms, DNA, etc.) can this be done with absolute certainty; however, with respect to hairs and fibers, the most that can be said is that the unknown can be "strongly associated" to the known source. In the absence of a known source, unless the item is highly unusual, any conclusion reached as to the origin of an unknown item would be mere speculation. It should be noted that the presence of unknown or unmatched fibers on an individual or his clothing is so common that normally, it is not considered forensically significant and therefore is not normally reported in a FBI Laboratory Report.
11. An individual may exchange both hairs and fibers with people and objects in his environment. Hairs and fibers transferred from their source to another item may then be transferred again through subsequent physical contact. These hairs and fibers found on items other than their original source are called "foreign" hairs or fibers, in that they are foreign to the substrata on which they are found. "Foreign" fibers are not necessarily foreign to the household or environment in which they are found. My experience has shown that even if an item or a place, such as a residence or vehicle, is cleaned, a large number of the "foreign" hairs and fibers can remain. Furthermore, it has also been my experience that it is not unusual to find hairs and fibers on an individual that did not originate from that individual. Therefore, in the absence of comparable known sources, no conclusion can be conclusively reached as to the specific origin(s) of these "foreign" hairs and fibers. Any conclusion so reached would amount to speculation and would probably be scientifically invalid.
12. In connection with this matter I examined a clear handled hairbrush, specimen Q-131A (CID Exhibit K, E-323). (See Photo Exhibit 1) I removed two light blond saran fiber fragments (Q-131A) from this brush.1 (See Photo Exhibit 8) I also examined one light blond saran fiber (Q-49) (See Photo Exhibits 5-7) and two blond saran fibers (Q-46) (See Photo Exhibits 9-11) which had been previously removed from this brush (CID Exhibit K, and E-323). It should be noted that specimens Q-46 and Q-49 were re-submitted to the FBI Laboratory in 1990 in a sealed plastic bag, which contained a cardboard box which had markings that included the notation "Synthetic Hairs E-35, J, K, E-35, and E-321" as well as "Q-43-Q54 PMS." (See Photos Exhibits 2-3) The former notations have been identified to me by retired Army CID chemist Janice S. Glisson as being in her handwriting, the latter I recognize as being the FBI Laboratory markings pertaining to the inventory of these items in connection with examinations conducted by retired FBI examiner Paul M. Stombaugh.
Specimen Q-46 was further contained in a cardboard slide mailer bearing the marking "Q-46 PMS" and "K Synthetic hair blond," the former I recognize as the markings of Paul Stombaugh, the latter was identified to me by Janice Glisson as being in her handwriting. (See Photo Exhibit 9.) Specimen Q-49 is similarly marked and was similarly identified to me by Janice Glisson (See Photo Exhibit 5). Further, I have examined the laboratory bench notes of Janice Glisson contained in the Affidavit of John J. Murphy at page 25, and have been advised by Janice Glisson that her references in her notes, to "blond" "synthetic striated fibers made to look like hairs" in Exhibit K (E-323), relate to specimens Q-46 and Q-49 ("synthetic hairs blond"). It should be noted that the instrumental analysis of specimens Q-46 and Q-49 by FBI Special Agent Examiner Robert Webb, whose report I have read, reflects that Q-46 and Q-49 are composed primarily of "saran." Further, it is noted that these fibers do differ slightly from each other in chemical composition and color, which indicates that they did not originate from precisely the same manufacturing source or batch of raw materials. Accordingly, I have described specimen Q-49 as being a "light blond saran fiber" (See Photo Exhibit 7) and specimen Q-46 as being "two blond saran fibers." It should be further noted that two light blond saran fibers which I personally removed from the clear handled hairbrush, (Q-131A, CID #K and E-323) are consistent with the light blond saran fiber previously removed from the clear handled hair brush by Janice Glisson and mounted on the Q-49 Slide. All of these saran fibers (Q-46, Q-49, Q-131A) are consistent with the type of fibers normally used in the production of doll hair and are similar to a known sample of saran doll hair from the FBI Laboratory reference collection (See Photo Exhibit 12). These fibers (Q-46, Q-49, Q-131A) are not consistent with the type of fibers normally used in the manufacture of wigs, and based on my comparisons, are not like any of the known wig fibers currently in the FBI Laboratory reference collection.
In connection with this matter I examined doll hair from a "Pollyanna" doll (K48), a "Dancer-Ina" doll (K49), a doll previously identified as belonging to Colette MacDonald (K50) and compared the "hair" from these dolls to the aforementioned hair-like fibers found in the clear handled hairbrush (Q-131A) and in the blue handled hairbrush (Q-132). The hair-like fibers from these hairbrushes were dissimilar to "hair" from these dolls and could not be associated with these particular dolls.
Specimen Q-48 consists of a single cardboard slide mailer previously marked "Q-48 PMS" by Paul Stombaugh, and "K grey synthetic," by Janice Glisson, which was also found in the cardboard box containing specimens Q-43 to Q-54 marked "Synthetic hairs" by Janice Glisson (See Photo Exhibits 2, 3, 13, 14, 15). The slide on which specimen Q-48 was mounted, contains a grey delustered modacrylic [modified acrylic] fiber, previously removed from the clear handled hairbrush (Q-131A) and exhibits the same microscopic and optical properties as the grey delustered modacrylic fibers found in the K-47 fall previously owned by Colette MacDonald.2 (See Photo Exhibits 16-18B).
13. In connection with this matter I examined a blue handled hairbrush, specimen Q-132 (CID Exhibit #J and E-322) (See Photo Exhibit 19) I removed a grey delustered modacrylic fiber (Q-132) (See Photo Exhibit 28) from this item. This fiber (Q-132) exhibits the same microscopic and optical properties as the grey delustered modacrylic fibers found in the composition of the previously mentioned K47 fall of Colette MacDonald, and accordingly, is consistent with having originated from the K47 fall (See Photo Exhibits 29-31).
I also examined two black polyvinyl chloride (PVC) fibers (Q-43 and Q-44) (See Exhibits 21-27) which had previously been removed from this blue handled hair brush (CID Exhibit #J and E-322).3 The two black PVC fibers Q-43 and Q-44 when re-submitted to the FBI Laboratory were contained in the cardboard box described above, in slide mailers marked "Q-43 and Q-44 PMS" by Paul Stombaugh and "J-black synthetic (?)" by Janice Glisson (See Photo Exhibits 22, 25). I have been further advised by Janice Glisson that the reference J-black (synthetic) which appears in her notes (Murphy Affidavit Exhibit 1, at 36) pertains to specimens Q-43 and Q-44, as does the reference in her typed laboratory report number P-PA-D-C-FP-82-70-R24, paragraph number 7 which states: "Examination of the dark strands from Exhibit E-322 showed same to be synthetic fibers." These fibers are consistent with the type of fibers which were once used in the production of wigs. The source of these PVC fibers (Q-43, Q-44) is unknown at this time.
14. In connection with this matter I examined debris from the rug underneath the trunk and body of Colette MacDonald, specimen Q-79 (CID #E-303, GX-327) (See Photo Exhibits 32-52). A brown pubic hair of Caucasian origin was previously removed from this debris and mounted on a glass microscope slide (See Photo Exhibits 41-46A). This hair (Q-79) does not appear to have been forcibly removed, and exhibits the same individual microscopic characteristics as the specimen K-22 pubic hair sample of Jeffrey MacDonald (See Photo Exhibits 46B-46I). Accordingly, this pubic hair is consistent with having originated from Jeffrey MacDonald. Also removed from this debris (Q-79) were a brown cotton thread (See Photo Exhibits 47-49) and a bluish-black rayon/acrylic yarn (See Photo Exhibits 50-52). The source of these items is not known at this time. The presence of the pubic hair, the brown cotton thread, or the bluish-black rayon acrylic yarn on a bedroom rug in an occupied residence is not, by itself, forensically significant.
15. In connection with this matter I examined debris removed from the bedspread from Kristen MacDonald's bedroom, specimen Q-87 (CID Exhibit #52NB, GX-362) (See Photo Exhibits 53-60). In this debris (Q-87) were a black dog hair (See Photo Exhibits 55, 56, 57, 58) and two brown and white animal hairs (no suitable roots) (See Photo Exhibits 59-60). The source of these animal hairs is unknown at this time.
Also, in this debris (Q-87) was a brown hair of Caucasian origin; however, this hair does not possess sufficient characteristics to be of value of significant comparison purposes (See Photo Exhibits 56D-56G).
16. In connection with this matter I examined debris removed from the right bicep area of Colette MacDonald's pajama top, specimen Q-88 (CID Exhibit #E-209) (See Photo Exhibits 61-67). In this debris (Q-88) was a bluish-black wool fiber (See Photo Exhibits 63-65) The source of this fiber is unknown due to the absence, at this time, of known standards for comparison purposes. Also found in this debris (Q-88) was a white wool fiber (See Photo Exhibit 66). This white wool fiber exhibits the same microscopic characteristics as the white wool fibers found in the composition of the shag rug from the master bedroom of the MacDonald residence, specimen K33 (See Photo Exhibit 67), and is consistent with having originated from the K33 rug.
The presence of this white wool fiber (Q-88) on the body of Colette MacDonald is consistent with her body having been in contact with this white woolen rug.
17. In connection with this matter I examined debris removed from a piece of wood, specimen Q-89 (CID Exhibit #E-205, GX-307) (See Photo Exhibits 68-86). One fine bluish-black wool fiber was found in this Q-89 debris (See Photo Exhibit 80). The source of this Q-89 bluish-black wool fiber is not known, due to the absence at this time of known standards for comparison.
Also found in this Q-89 debris was a fine green wool fiber (See Photo Exhibit 81). At this time the source of this green wool fiber is not known, due to the absence of known standards for comparison.
Also found in this Q-89 debris were white wool fibers (See Exhibits 82, 83, 85). These (Q-89) fibers exhibit the same microscopic characteristics as white wool fibers that were found in the composition of the specimen K33 shag rug, from the master bedroom, (See Photo Exhibits 84 and 86) and accordingly, these fibers are consistent with having originated from the specimen K33 shag rug. The presence of these rug fibers on the club is consistent with the club having been in contact with the rug in the master bedroom at some point in time.
Also found in this Q-89 debris from the club were white animal hairs (no roots). At this time, the source of these animal hairs is not known, due to the absence of known standards for comparison. Further, the species of the animal hairs can not be conclusively determined due to the absence of the hair root; however, due to the presence of other microscopic characteristics, a cat cannot be eliminated as the possible source of these hairs.
18. In connection with this matter I examined debris removed from around the mouth area of Colette MacDonald, specimen Q-100 (CID Exhibit E-3) (See Photo Exhibits 96-104). Two dark purple wool fibers were found in this Q-100 debris (See Photo Exhibits 101-102). The source of these dark purple wool fibers is not known due to the absence, at this time, of known standards for comparison. [It should be noted the dark purple wool fibers are in addition to the two purple cotton threads identical to the purple cotton threads of specimen Q-12, previously identified by Paul Stombaugh.]
Also found in this Q-100 debris was a blue polyester cotton yarn (See Photo Exhibit 103).
This yarn (Q-100) exhibits the same microscopic and optical properties as the blue polyester and cotton yarns composing the pajama top of Jeffrey MacDonald, specimen Q-12, (See Photo Exhibit 104) and accordingly, this yarn is consistent with having originated from the Q-12 pajama top of Jeffrey MacDonald. The presence of this blue polyester cotton yarn in the mouth area of Colette MacDonald is most consistent with her face having been in contact at some time with the blue pajama top (Q-12) of Jeffrey MacDonald.
I compared the dark woolen fibers present in specimens Q-86, Q-89 and Q-100, described above, and found them to be dissimilar to each other in certain optical properties.
19. It should be noted that Photo Exhibits 116, 117 and 118 depict Colette MacDonald wearing dark colored sweaters and a dark colored hat which were not submitted for comparison purposes.
20. It should be further noted that Exhibit 150, the "also submitted" 8 millimeter film purportedly taken in the MacDonald Quarters and Fort Bragg on Christmas morning 1969, depicts Kimberly and Kristen MacDonald wearing multi-colored stocking caps, and playing in sleeping bags, neither of which were submitted for comparison purposes.
21. In connection with this matter I examined debris removed from a quilt from Kimberly MacDonald's bedroom, Specimen Q-93 (CID Exhibit E-124) (See Photo Exhibits 87-95). One brown limb hair (See Photo Exhibits 94-95) of Caucasian origin was found in this Q-93 debris; however this limb hair does not possess sufficient characteristics to be of value for significant comparison purposes. It should be noted that limb hairs are normally not deemed to be of value for comparison purposes.
22. In connection with this matter I examined debris removed from Colette MacDonald's left hand, specimen Q-119 (CID Exhibit E-5) (See Photo Exhibits 105-108). Four brown limb hairs of Caucasian origin were found in this Q-119 debris (See Photo Exhibits 107A,108); however, these limb hairs do not possess sufficient characteristics to be of value for significant comparison purposes.
23. In connection with this matter I examined debris removed from the blue top sheet from the floor of the master bedroom of the MacDonald residence, specimen Q-125 (CID #E-211) (See Photo Exhibits 109-115). One brown body hair of Caucasian origin was found in this Q-125 debris (See Photo Exhibits 113-115). This hair was forcibly removed and appears (See Photo Exhibit 113) to have a piece of skin tissue attached to the basal area of the hair; however, this body (trunk) hair does not possess sufficient characteristics to be [of] value for significant comparison purposes. It should be noted that body hairs, with the exception of pubic hairs, are normally not deemed to be of value for comparison purposes.
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1 See affidavit of Special Agent examiner Robert Webb concerning his identification of fibers by instrumental analysis.
2 See Affidavit of Special Agent Robert Webb.
3 See Affidavit of Special Agent Robert Webb.
Further your affiant sayeth not:
(Signed)
Michael P. Malone
Special Agent
Federal Bureau of Investigation
Washington, D.C.
Subscribed and sworn to before me this 14th day of February 1991.
(Signed - unreadable)
Notary
My commission expires 8/31/92
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