July 18 and August 11, 1988: Ted Gunderson report on
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.
FINAL REPORT ON WASHINGTON, D. C. TRIP REGARDING FBI BLOOD TESTING AUGUST 11, 1988
The purpose of this investigation and the investigator's trip to Washington D. C. 7/7/88 to 7/28/88 was to determine the following:
1. Did the FBI conduct serology tests in the 1970's prior to the test of 8/29/79? If so, when?
2. If the tests were conducted did they conflict with those conducted by the CID?
3. If they were in conflict did the FBI cover up the matter by not writing a report on their findings?
Pertinent FBI and CID laboratory reports and memos are attached to this report.
On 7/18/88 Mr. Tom Kelleher, Jr., 3128 Natalie Circle, Augusta Georgia, GA. 30909 - phone (714) 387-9349 advised the only reason he will discuss the MacDonald case is because of his past friendship with the investigator and the fact that the investigator is a former FBI agent. He stated he was assigned to the FBI Laboratory, serology unit from 1967 to 1974 and to a special unit on education at George Washington University from 1974 to 1976. In 1976 he became Assistant Director in charge of the Laboratory and retired on 8/01/78.
Mr. Kelleher stated that he can definitely state that he conducted serology tests including blood tests prior to his retirement. He is not sure but he believes he conducted these tests in 1971 and 1974. He remembers the case because of the publicity and he recalls that each member of the MacDonald family had a different blood type which is unusual.
During the period he was in the FBI Laboratory he would have been the only person to conduct these tests. He explained the FBI had a policy that once a person is assigned to the laboratory examination that person handles all future examinations within his expertise until he resigns or retires.
Mr. Kelleher stated he wrote a report concerning the results of his examination and furnished it to the requesting agency, the Army. He is not sure but he doesn't believe his findings were in conflict with a previous Army examination. He would be willing to discuss his findings in detail providing the report is made available to him for review.
He has always assumed his report was introduced by Stombaugh through stipulation at the MacDonald trial in 1979. He thought Stombaugh read from his report on the stand. He recalls that Stombaugh devoted considerable time to the case as a hair and fiber expert, not as a serology expert. It has always been the policy of the FBI to allow one representative to introduce all the evidence from the laboratory at a trial rather than have numerous individuals appear. As stated above this is done by stipulation, otherwise the particular FBI expert must appear as a witness. He did not appear as a witness at the MacDonald trial.
It was explained by the investigator that his reports have not been made available to the defense even though an FOIA request for all government reports was made in 1980. Mr. Kelleher stated the defense has a right to his reports and they should be made available upon a request to the Army.
Mr. Kelleher advised if the Army refuses then they should be made available through the courts. He has never known the courts to refuse such a request. His reports are considered the property of the requesting agency.
Mr. Kelleher advised he is a scientist and he would not under any circumstances slant or taint the facts. It was pointed out to him that the examiners of the 1979 FBI serology examination had the initials "QW" and "TA". He does not know the identity of these individuals. He explained that these are the code letters given to each examiner upon their assignment to the FBI Laboratory and not the true initials of each person. The first person assigned to the FBI Laboratory was "AA" the second "AB" the third, "AC" etc. The twenty seventh person assigned to the laboratory was "BA", the twenty eighth "BB" etc. Therefore, "QW" and "TA" were relatively new employees in 1979.
Mr. Kelleher doesn't recall discussing the case with the prosecutor. He refused to give the investigator a signed statement.
On 7/18/88 Mr. Morris S. Clark, 12606 Acorn Lane, Spotsylvania, VA, 22553 advised he worked in the FBI Laboratory throughout the 1970's and up to 1979 when he retired. He recalls that Paul Stombaugh coordinated the Dr. Jeffrey R. MacDonald case for the laboratory until he retired in 1976. He stated Stombaugh handled hairs and fibers examinations exclusively and analyzed the results of all the laboratory examinations. Mr. Clark handled examination of wood particles, particularly examination of the wood splinters and the 31 inch wooden slat that was used as a weapon. He recalls that a 3 1/2 inch wood splinter found in the house fit perfectly into the edge of the 31 inch wooden slat found outside the home. He determined that other wood splinters found in the house also came from the 31 inch wooden slat and all were from the same kind of wood. Mr. Clark has no knowledge of serology tests conducted by the FBI. He noted his code letters were "IZ" and Stombaugh's were "JV". He has no idea as to the identity of "QW" or "TA" whose code letters appear on the work sheet for the FBI serology test of 8/28/79.
He reviewed all available FBI Laboratory reports and confirmed that the examination of the wood particles was handled by him. He stated there was no conflict concerning his work and there is no doubt concerning his conclusions.
Mr. Clark advised that Marion Williams was Stombaugh's immediate supervisor.
On 7/19/88 Mr. M. E. Williams, 1048 Rector Lane, McLean, VA, 22102 advised he was Physics and Chemistry Section Chief, FBI Laboratory from 1972 to 1975 when he retired. Prior to that he was Number One Man in this section. Throughout this period he was Paul Stombaugh supervisor.
Mr. Williams recalls that the FBI made a number of tests and examined numerous specimens from the MacDonald murders but he does not recall the details. He has no recollection of any possible contradictions in the examination of the evidence between the FBI and the CID. He recalls there was considerable controversy concerning whether or not Dr. MacDonald was guilty. He recalls the military handled the evidence initially and there was some question as to their credibility. Again, he cannot discuss details as he has no specific information concerning this. He recalls that Stombaugh spent considerable time studying hairs and fibers and examining the holes in Dr. MacDonald's pajama top. He knows that serology tests were conducted sometime prior to his retirement but he does not recall the examiner or the number of occasions tests were conducted. He has no recollection as to the sequence of events. He was responsible for thousands of cases throughout the years he was with the FBI and since he had no direct responsibility for the MacDonald evidence he is unable to furnish any more details. He doesn't know the identity of FBI Laboratory technicians "QW" or "TA".
On 7/18/88 Mr. Rene Bidez, 14 Cheverly Circle, MD, 20785 advised he was Chief of Serology, FBI Laboratory from 1950 to 1975 when he retired. He was not directly involved in the MacDonald case but he remembers it well because of the publicity and the controversy. He states he "was not the least bit happy with what he heard" and he "was not the least bit happy with the case from the time it came in until it went out." He said he had "no basis for this except it didn't ring true." He said when it was going through the laboratory he "had a funny feeling about it." He stated he will not say any more than this.
Mr. Bidez recalls that Stombaugh handled a majority of the work. Stombaugh analyzed the blood stains, figured out who was where when the murders occurred and all that "fun and games business." Whether or not Stombaugh's analysis was "on the nose" is not for Mr. Bidez to say as he did not personally examine the evidence and testify.
Mr. Bidez stated of the cases he can recall in the FBI this one stands out of all of them. He doesn't recall who conducted the serology examination for the FBI but he knows that there were some tests. He has no knowledge of possible conflict between FBI and CID serology tests. He doesn't recall when these tests were conducted other than the fact the examinations took place before he retired. Mr. Bidez stated the above is all he can furnish at this time and he prefers not to discuss further his "gut" feelings about the case.
He doesn't know the identity of "QW" or "TA". He never talked to the prosecutor.
On 7/20/88 Mr. Allison C. Semmes, 7104 Arrowwood Road, Bethesda, MD, 20817 advised he was in the serology unit, FBI Laboratory from 1954 to 1976 when he was transferred to the field. He has no knowledge of tests conducted by the FBI Laboratory on the MacDonald case other than the fact it was a "big thing" in Paul Stombaugh life. He recalls that Stombaugh spent numerous hours on the case but Mr. Semmes cannot furnish any details. He doesn't recall if serology tests were conducted by the FBI.
He reviewed the FBI serology test dated 8/28/79. He states it is a normal report and there is nothing unusual about it. He said it is difficult to work with blood that is ten years old. Based on his review he doesn't feel there is a coverup in this instance.
Mr. Semmes advised the FBI report contains a request from the Army to analyze the urine. It is important to note that urine stains cannot be typed. If the Army claims they can, they are in direct conflict with a known scientific fact. He emphasized that this is important.
Mr. Semmes stated in recent years scientific analysis of blood is much more advanced than in the 1970's. He advised genetic fingerprinting of blood stains and hair conceivably could determine that the hairs found in Colette's hands are not hers or Dr. MacDonald's. This is possible if there is a root on either hair. He stated a Doctor Herbert L. MacDonnell, Director of laboratory of Forensic Science, P. O. Box 1111, Corning, N. Y., (607) 962-6581 is one of Americas foremost experts in analyzing blood splatterings. He should be contacted immediately. He noted that this doctor recently wrote a book on hairs, fibers, and blood splatterings. Mr. Semmes furnished the following names of other blood, hair and fiber experts:
Mr. Myron Schulburg, former FBI Vienna, VA., works for Northern Virginia Forensic Crime Laboratory. (Former FBI)
Bob Neil, Seagrove, North Carolina (Former FBI)
Mr. George S. Sensabaugh, Associate Professor of Forensic Science, School of Public Health, University of California, Berkeley, CA. Expert in genetic fingerprinting. (415) 642-1271.
Doctor Robert E. Gaensselen, Dir. of Forensic Science, Univ. of New Haven, West Haven, Ct. 06516, (203) 932-7116.
Doctor Henry C. Lee, Chief of Forensic Laboratory, Conn. State Police, Hartford, Ct.
Mr. Cornelius McWright, Northern Virginia. (Former FBI)
For additional help, contact Mrs. Beth M. Lipskin, Ex. Dir. American Academy of Forensic Science, Colorado Springs, Colorado, (303)596-6006.
Mr. Semmes does not know the identity of "QW" or "TA". The investigator told Mr. Semmes of the persons he is interviewing and Mr. Semmes stated "you are talking to the right people they should know.
It is noted Mr. Semmes and the investigator were close friends when both were assigned to FBI Headquarters in the early 1960's. Mr. Semmes stated he would be happy to assist on the case if asked to do so. Mr. Semmes advised all evidence is returned to the requesting agency. He doesn't know how long the Army retains it's evidence before they destroy it.
On 7/20/88 Dr. Walter Rowe, Dept. of Forensic Services, George Washington University, Washington, D. C., 20052 advised that he has never told anyone that serology tests conducted by the FBI on the MacDonald case were in conflict with CID findings and therefore, the matter "covered up". He stated it is absolutely not true that some of his students noted blood discrepancies between FBI and CID tests.
He initially heard that the FBI conducted serology tests from one Marden Dixon who at the time was associated with the Armed Forces Institute in Washington D. C. He believes Marden is now an attorney but he doesn't know where. Dr. Rowe attempted to locate Mr. Marden recently without success.
He is not aware of the results of the FBI serology tests and has never heard or told anyone that the FBI and CID tests were in conflict. He denied that he ever contacted Mr. Thornton and told him about discrepancies in FBI blood tests or followed up by asking Thornton if he furnished names during the first conversation.
Dr. Rowe stated that on the morning of 2/17/70 he testified as an expert witness in a drug hearing at Fort Bragg. He was assigned at the time to another base. The CID at Fort Bragg notified him after he testified that they needed him to help gather evidence at the MacDonald crime scene. He stayed over at Fort Bragg and worked on the case until the following Saturday at which time he flew overseas.
From Wednesday afternoon 2/17/70 until 2/20/70 he worked as a team with CID Agent William F. Ivory. CID Agent Craig Chamberlain and Bob Shaw also worked as a team. Both teams devoted all their time to gathering, recording, and charting the evidence at the crime scene. On Saturday 2/20/70 he briefed all the individuals working on the case. He stated this was his total commitment to the case. He was later trained as a serology expert and since then has worked with the FBI on occasion but not for the FBI. He recalls he talked to Brian Murtagh on at least one occasion. This conversation related only to Dr. Rowe's gathering of the evidence at the crime scene. Dr. Rowe never examined the MacDonald evidence.
Doctor Rowe was asked if he had ever heard that the MacDonald case involved a drug cover up. He stated it is unlikely but possible. He is aware of some discrepancies from reading Joe McGinniss's book Fatal Vision. He stated he cannot vouch for the veracity of Shaw or Ivory as his total contact with them was less then one week. He recalled that there were some problems involving incompetency by the CID at Fort Hood but not at Fort Bragg.
He stated Glenn McWright, a former FBI Laboratory technician may be able to help with this matter.
Dr. Rowe advised SGT. Medlin was the CID fingerprint technician who worked the MacDonald case. Craig Chamberlain who is now with 3M in Minneapolis, Minnesota and Janice Glisson who is probably retired and living in Augusta, Georgia were the Army serology experts.
The following former FBI Laboratory officials were contacted but stated they had no knowledge that the FBI conducted serology tests in the 1970's on the MacDonald case. They advised they were aware that Paul Stombaugh, hair and fiber expert, worked the case extensively but they were not personally involved and are unable to help. They do not know the identity of "QW" or "TA":
Mr. Francis Silas, Serology, FBI, 1965 to 1972.
Mr. Briggs White, former Assistant Director FBI Laboratory 1970 to 1975.
Mr. Bill Cronin, 1970 to 1975, Front Office, FBI Laboratory 1975 to 1979, Unit Chief Serology 1979 to 1983 Section Chief
Numerous attempts were made to locate and interview Glenn McWright. It was learned on 7/19/88 from one Michelle, Cay Associates of Northern Virginia that McWright, who works for Cay Associates is out of the country. Phone number for Cay Associates is (703) 698-5560. McWright is a former official of the FBI Laboratory who may have some knowledge of a possible cover up involving the blood tests conducted by the FBI and the CID. McWright is reportedly pro FBI and believes Dr. MacDonald is guilty.
The investigator asked Michelle to have Mr. McWright call him in Los Angeles upon his return to the U. S.
One of the investigators confidential sources advised Cay Associates is probably a government covert operation.
On 7/19/88 the investigator called the Scientific Analysis Section of the FBI Laboratory and asked an unidentified male for the identity of the FBI Laboratory technicians who have used or are using the code name "QW" and "TA". This person stated this information can only be furnished to the prosecutor or the requesting agency.
The investigator then contacted the Legal Section of the FBI and was informed that the only way this information can be obtained by an outsider is by subpoena duces tacnm.
On 7/29/88 Mr. Jerry Potter advised that Mr. Thornton informed him that Doctor Harold Dedman, former FBI Laboratory official may be able to help regarding this matter. His phone number is (202) 324-4918. Mr. Dedman reportedly is sympathetic to Dr. MacDonald.
ANALYSIS OF AVAILABLE CID AND FBI REPORTS
The only information available to the defense concerning possible serology examinations by the FBI appears in an FBI Laboratory report dated 8/28/79 (the date the jury announced Doctor MacDonald was guilty). Other FBI Laboratory reports obtained thus far contain the results of analysis of evidence other than serology. CID letter, not dated (probably early 1970) which is 17 pages long contains a list and description of the evidence gathered at the crime scene by that agency. The results are on pages 11 thru 14.
In preparation for the above interviews the investigator analyzed pertinent CID and FBI reports containing serology information with emphasis on whether or not FBI serology tests were conducted in addition to the FBI test set forth in their report of 8/28/79. The results of this analysis follows (Pertinent Laboratory reports are attached).
1. 1970 undated CID letter described above lists evidence as follows:
a) D-19 (page 2) sheet bearing red-brown stains from bed of east bedroom. Examination results on page 11 item 2 lists blood group type A.
b) D-56 NB (page 8) green bed spread bearing red-brown stains on bed from north bedroom. Examination results on page 12. Item 7 lists blood group type A and AB.
c) D-60 (page 8) top sheet bearing red-brown stains from bed of north bedroom. Examination results are not set forth in this letter.
d) D-127 (page 5) bottom sheet bearing red-brown stains bed in south bedroom. Examination results are not set in this letter.
e) D-209 (page 6) clothing bearing red-brown stains from Colette MacDonald. Examination results on page 11 item 2 lists blood group type A; page 14 item 28 states D-209 contains human hairs similar similar to Colette's.
f) D-210 (page 6) blue pajama top bearing red-brown stains. Examination results on page 12 item 6 lists blood group type A, B, and AB; page 14 item 26 lists 17 items as containing fiber similar to those from D-210.
g) D-211 (page 6) blue sheet bearing red-brown stains from floor of east bedroom. Examination results on page 12 item 7 lists blood group type A and AB.
Page 11 of this letter states specimen D-136 contains International Blood group type "A". D-136 is not listed among the items obtained by the CID at the crime scene. See page 5 CID letter.
2. CID letter of June 7, 1971 to J. Edgar Hoover requests FBI assistance in examining evidence. Among the items listed on page 2 are the following:
a) A-3 One (1) man's pajama top, blue in color, torn, bloodstained, pocket missing, numerous holes located on pajama top, property of Dr. MacDonald.
b) R-3 One (1) pocket, blue in color, apparently torn from exhibit A-3, property of Dr. MacDonald.
c) Y-2 One (1) pajama top, child's, red and white in color, blood stained, containing numerous cut marks, property of Kristen MacDonald (deceased).
d) Z-2 One pajama top, woman's, pink in color, blood stained, containing numerous holes or cut marks. Property of Colette MacDonald (deceased).
e) Three weapons used in the murders also described by the Army as V-1 (paring knife) W-1 (pairing knife) and X-1 (ice pick).
The Army asked the FBI to compare the holes in the garments with the weapons. In regard to possible blood examinations the Army (page 2) asked if any of the circular defects were made after Exhibits A-3, Y-2 and Z-2 were blood stained, and if so, of the total number of circular defects in each individual exhibit, how many fall into the category of being inflicted after the garment was contaminated by blood? The letter also asks to determine if Exhibit A-3 was torn after it was contaminated with blood.
3. FBI Laboratory report dated 7/2/71 contains the results of the request from the Army in their letter to the FBI 6/7/71. The weapons are listed by the FBI as Q 1 (CID #W-1), Q 2 (CID #V-1) and Q 3 (CID #X-1). Additional stains are listed as follows:
a) Clothing of Kristen MacDonald
Q-4 - Red and white pajama top (CID #Y-2)
Q-5 - Red and white pajama bottom (CID #Y-2)
Q-6 - Pair of child's panties (CID #Y-2)
Q-7 - Child's undershirt (CID #Y-2)
b) Clothing of Colette MacDonald
Q-8 - Pajama bottom (CID #Z-2)
Q-9 - Pajama bottom (CID #Z-2)
c) Clothing of Kimberly MacDonald
Q-10 - Child's panties (no CID No.)
Q-11 - Child's nightgown (no CID No.)
Q-12 - Torn blue pajama top (CID # A-3)
Q-13 - Pocket allegedly from Q-12 (CID #R-3)
(They apparently failed to list Q-12 and Q-13 as the property of Dr. MacDonald.
Page 5 states that large bloodstains were located in the left shoulder and left sleeve of Q-12 that were on Q-12 before the garment was torn. It is not clear if the FBI conducted serology tests in this instance. No other reference to blood is contained in this report. It is noted the FBI Laboratory uses the prefix "Q" for questionable items and "K" for known items of evidence.
"JV" is listed as the FBI examiner. Note the investigator learned during the above interviews that "JV" is Paul Stombaugh. Since Stombaugh is not a serology expert it is unlikely that the FBI conducted a blood test during this examination.
4. FBI memo M. E. Williams to Mr. White 8/7/74 states there is a possibility that the Department of Justice will request the FBI to conduct additional investigation into this case as well as reexamination of the physical evidence recovered which has previously been examined by the U. S. Army Technicians. This memo states the FBI Laboratory had previously compared knife cuts and punctures in the clothing of the victims with suspected weapons as well as determining whether the blood on Captain MacDonald's pajama top was placed there before or after it was torn. It appears permission was granted to conduct examination of some of the evidence in 1971 and now permission is requested to reexamine most if not all of the remaining evidence. This is important as the FBI had a policy throughout my career (1951 to 1979) to never examine evidence that had already been examined by another laboratory.
5. An undated memo refers to a teletype to Charlotte dated 8/12/74 (FBI Charlotte is the headquarters city for all of North Carolina. This letter grants permission for the FBI to conduct investigation at the request of the CID).
6. FBI Laboratory report dated 9/24/74 lists specimens Q-14 through Q-103. These specimens were delivered to the FBI by the CID (Captain Brian Murtagh). Note the following listed specimens: Q-15 - Blue bed sheet (CID #D-211).
On page 3 the following items were resubmitted:
Q-8 Pajama bottoms (CID #Z-2)
Q-9 Pajama tops (CID #Z-2)
Q-12 Torn blue pajama tops (CID #A-3)
Q-13 Pocket allegedly from Q-12 (CID #R-3)
No information is set forth in this letter concerning a possible request for the FBI to conduct blood tests.
7. FBI Laboratory report dated 10/17/74 lists through Q-107 (page 1 and 2); Resubmitted items Q-1, Q-9, Q-12 and Q-13 on page 2; Q-108 through Q-110 on through K-3 and K-6 through K-27 on pages 3 and 4.
The following is noted on page 1:
Q-15 - Blue bed sheet (CID #211)
The following is noted on page 2:
Q-8 pajama bottom (CID #Z-2)
Q-9 pajama top (CID #Z-2)
Q-12 torn blue pajama top (CID #A-3)
Q-13 pocket allegedly from Q-12 (R-3)
There is no indication in this letter that the FBI conducted blood examinations. The FBI examiners are listed as "JV"(Stombaugh) and "IZ" (Morris Clark who was interviewed by the investigator).
8. A second FBI Laboratory report dated 10/17/74 sets forth an analysis, probably by Stombaugh, (page 2) involving FBI specimens Q12 (CID #D-210), Q-15 (CID #D-211) and Q8 and Q-9. (Q-137 used by the FBI in their letter 8/28/79). Note Q-8, Q9 and Q-137 are CID #D209. The FBI has used three numbers for the same specimens compared to one by the CID. The investigator, who is a former FBI agent has no explanation for this. Note the FBI examiners are listed as "JV" and "IZ" (Stombaugh and Clark).
9. FBI evidence receipt dated 10/24/74 sets forth the following information:
Q-111 Green bed spread from north bedroom (CID #D-56 NB)
Q-113 Top sheet from north bedroom (CID #D-60 NB)
Other items were described on this receipt that are not significant to this review.
10. FBI Laboratory report 11/5/74 lists the following:
Q-111 - Green bed sheet from north bedroom (CID #56NB)
Q-113 - Top sheet from north bedroom (CID #60NB)
Q-120 --Blue sheet from south bedroom (CID #D127)
On page 1 the FBI examiner states Q-118, the hair found in Colette's hand microscopically matches hair from Colette's head.
Page 3 of this report states the blood typings mentioned therein were conducted by the Army. Note the FBI examiner reaches conclusions as to the configurations of the evidence, not the blood typing. The FBI examiners are listed as "JV" and "IZ" (Stombaugh and Morris).
11. A second FBI Laboratory report 11/5/74 page 1 item 1 states Colette MacDonald was struck one or more blows in the north bedroom as evidenced by the numerous group "A" blood splatters found on the wall above the bed and on the bed spread. (This blood typing agrees with the Army's as set forth in their undated letter. See D-56NB, D-69NB, D-70NB, D-71NB on page 8, 9, 11 and 12).
Page 1 paragraph 1, item 2 of FBI report states Colette's body was resting on the bed in the north bedroom bleeding heavily, probably from head wounds. The large group "A" bloodstain is located left center of the bed (near the west wall) and approximately 15" to 20", from the head of the bed. (This blood typing agrees with the Army's in regard to D-66NB (page 8 and 12 item 7 of Army letter]; however, D-65NB listed in Army letter on page 8 and 12 item 4 lists blood group type "01").
Page 2, paragraph 1 item of FBI report 11/5/74 states Colette's body was carried in the sheet (CID #D-19) found in the east bedroom. This is evidenced by the fabric impressions in group "A" made in her pajama top (CID #D-209) found on this sheet as well as the fabric impression made by the torn pajama top of Doctor MacDonald (CID #D-210). (This blood typing agrees with the Army's. See page 2 and 11 regarding CID #D-19; see page 6, 11, and 12 regarding CID #D-209 and and D-210).
Page 2, paragraph 1 item 4 of FBI report 11/5/74 states Colette's body also rested on the multi-colored bedspread found in the east bedroom with the sheet. The large group "A" bloodstains and a head hair of Colette's entangled around a sewing thread like the thread used in the construction of the of the torn blue pajama top found on the bed spread indicates this. (Scientifically the hair can only be similar not identical with Colette's hair).
The undated Army letter does not list a bed spread from the east bedroom. However, it should be noted that Exhibit D-229 at the bottom of page 6 of the investigators copy is not identified. It was missed when the page was photocopied.
Page 2 paragraph I item 5 of FBI report 11/5/74 states blood group "A" and "AB" was found on the club outside the house. (This agrees with the CID blood typing in their 1970 letter. See CID Exhibit "A" page one and page 12 item 7).
See page 2, paragraph 2 of FBI report 11/5/74 which states the torn blue pajama top (CID # D-210) acquired a large amount of group "A" blood. The FBI also states group "AB" blood was found on the green bed spread (CID #D-56NB) from the north bedroom. (This agrees with the CID blood typing in their 1970 letter. See items 6 and 7 page 12).
Page 2 paragraph 3 of FBI report 11/5/74 states blood group "A" was found on the floor of the north bedroom in the form of bloody footprints. According to the 1970 Army letter, page 6, Exhibit D-215, D-216 and D-217 are the bloody footprints from the north bedroom. There is no blood typing of these exhibits in the Army letter.
Note the FBI examiners are listed as "JV" and "IZ" (Stombaugh and Clark).
12. FBI memo from M. E. Williams to Mr. White dated 11/6/74 sets forth an overall analysis of the evidence and conclusions by "PMS" (initials of Stombaugh). There is no indication in this memo that the FBI typed blood. Blood types of items listed on page 4 were checked by the investigator against the results set forth in the undated 1970 Army letter and no discrepancies were noted.
13. FBI Laboratory report dated 8/28/79 lists specimens as follows:
Q-131 Stained blue cloth (CID #D-19-2)
Q-132 Stained green cloth (CID #D-56-8)
Q-133 Stained green cloth (CID #D-56-10)
Q-134 Stained white cloth (CID #D-60-12)
Q-135 Stained blue cloth (CID #D-127-4)
Q-136 Stained blue cloth (CID #D-127-6)
Q-137 Stained pink cloth (CID #D-209)
Of the seven specimens presented for analysis, three (Q-131, Q-135 and Q-136) were never examined by the FBI. From a review of this examination it is possible the government was not interested in gaining data about the specimens. Instead, possibly they were interested in determining how successful these testing methods might be when used on the 9 year old blood stains. Possible the government wanted to know if the defense could conceivable use modern methods to change the findings given by the CID. These tests answered it was not possible.
It is noted the original findings by the CID of these seven specimens were as follows:
D-19 (Q-131) Type A Blood (See page 11 item 2 of 1970 Army letter).
D-56NB (Q-132 and Q-133) Type "A" and "AB" (See page 12 item 7 of 1970 Army letter)
D-60NB (Q-134) Type "A" and mixture of "A" and "O" (this cannot be verified from this investigators 1970 Army letter - this information apparently is available to Fred Bost as it is from his notes)*
D-127 (Q-135 and 136) Type "AB" blood (this information not in this investigators 1970 Army letter - data is from Fred Bost notes).
D-209 (Q-137) Type "A" blood (see page 11 item 2 of 1970 Army letter).
* Possibly there are two different letters and this information appears on one but is deleted from the other. This should be checked.
It is noted the blood deteriorated considerably from the 1970 Army tests until the 1979 FBI tests.
It is also noted FBI specimens Q-121 through Q-130 are not described in any FBI laboratory reports received thus far by the defense. This establishes that some of the FBI Laboratory reports have been withheld from the defense. (Possibly these are the missing FBI serology tests).
It is further noted that Q-132 and Q-133 were listed as Q-111 by the FBI in 1971 and 1974; Q-134 was listed as Q-113 by the FBI in 1971 and 1974; Q-135 and Q-136 were listed as Q-120 by the FBI in 1971 and 1974 and Q-137 was listed as Q-8 and Q-9 by the FBI in 1971 and 1974.
The only code words used in the above reports for the FBI examiners were "JV" (Stombaugh), "IZ" (Clark), "QW" and "TA". Based on the investigators interview with Tom Kelleher and the above analysis it can be conclusively stated some FBI laboratory serology tests and possibly other tests have been withheld from the defense.
It is noted Dr. MacDonald's blue pajama top is listed as D-210 by the CID in the 1970 Army letter; A-3 in the 6/7/71 CID letter Q-12 (CID #A-3) in the 7/2/71 FBI letter; Q-12 (CID #A-3) in the 9/24/74 letter and Q-12 (CID #210 in the 10/17/74 FBI letter.
1. In addition to an FOIA law suit, file a civil Obstruction of Justice lawsuit. The FOIA lawsuit will not generate the same favorable publicity as an Obstruction of Justice suit thus I recommend the Obstruction of Justice suit in conjunction with the FOIA suit.
2. After all laboratory reports are obtained, interview Paul Stombaugh and ask him to advise step by step why he reached his conclusions (review the laboratory reports with Stombaugh during his dissertation). Place this interview on tape.
3. Conduct the same interview with Shirley Green.
4. Thereafter the results of both interviews along with the FBI Laboratory reports should be reviewed by an outside expert such as Dr. Herbert L. MacDonnell. Obtain the doctor's book for review.
5. Contact George Sansabaugh, U. C. Berkeley, for analysis of hair found in Colette's hand. Note he is a genetic fingerprint expert.
6. Consider hiring Rene Bidez to review Stombaugh's work after all laboratory reports are obtained. Note Bidez's interview with the investigator. He obviously does not agree with Stombaugh's conclusions.
7. Locate and interview the following:
a) Marden Dixon - Formally with Armed Forces Institute.
b) Craig Chamberlain - Former CID serology expert.
c) Janice Glisson - Former CID serology expert.
d) Dr. Harold Dedman - Former FBI official -(202) 324-4918.
e) Dillard Browning - CID fiber expert.
Glisson and Chamberlain should not be interviewed until all research is complete.