The Jeffrey MacDonald Information Site is a compendium of information about the Jeffrey MacDonald case. MacDonald was convicted in 1979 of the murders of his pregnant wife and two small daughters. He is serving three life sentences for that brutal crime.


The Murders of Colette, Kimberley and Kristen MacDonald
 

The Jeffrey MacDonald Information Site

1979 JEFFREY MACDONALD CASE TRIAL TRANSCRIPT
July 20, 1979: William Ivory, CID

 

MR. BLACKBURN: Your Honor, we call William Ivory.
Your Honor, while we are awaiting Counsel, and I believe the Defense has agreed in stipulating Government Exhibit Number 652, which is a drawing of the model to scale with the particular measurements in it. We will then move that it be introduced in evidence at this time as Government Exhibit 652.

THE COURT: Without objection, it will be admitted.

MR. SEGAL: Without objection, your Honor.

(Government Exhibit No. 652 was marked for identification and received in evidence.)

(Whereupon, WILLIAM F. IVORY was called as a witness, duly sworn, and testified as follows:)


D I R E C T E X A M I N A T I O N 12:24 p.m.

BY MR. BLACKBURN:
Q Please state your name.
A William F. Ivory.
Q Mr. Ivory, where do you currently live?
A I am presently residing in Heidelberg, Germany.
Q And with whom are you employed or by whom are you employed?
A The U. S. Army CID Command.
Q How long have you been stationed in Germany?
A I have been in Germany now since March of 1973.
Q You are employed essentially with the CID. Is that correct?
A Yes, sir. As a crime investigator.
Q How long have you been employed by the CID?
A I have been with CID since 1964.
Q What educational background do you have, sir? What is your educational background?
A I have been studying at the University of Maryland. I have an associate degree in law enforcement with the University of Maryland, and I am presently in the latter part of my senior year with the University of Maryland.
Q Prior to becoming an investigative agent for the CID, what did you do?
A I am sorry. Would you go over that again, please?
Q Yes. Prior to becoming an investigative agent with the CID, how were you employed and what did you do?
A I was a uniformed military policeman with the United States Army.
Q Now, with respect to being a military policeman, what training, if any, did you have in that regard?
A I received basic Military Police training which readied me for uniformed patrol duties, traffic accident investigation training through a course with the United States Army put on by Northwestern University, and that's all for the uniformed training that I had.
Q With respect to the CID, what training did you have there?
A I received the basic criminal investigation course. I have attended fraud and supply diversion courses put on by the Department of the Defense. I have been trained at the agents course in the Department of Justice Drug Enforcement Administration, as an intelligence analyst also by the Department of Justice Drug Enforcement Administration, and my most recent training with the Scotland Yard Academy at London, England. There is a senior agents course there.
Q Can you describe very briefly the type of training that you had --

MR. SEGAL: Excuse me. May we ask that this witness be confined to the training that he had up to and including the night of February 17, 1970, since I believe his investigation is involved at this time? Whatever he may have learned in school or thereafter does not seem to be terribly germane to that night.

MR. BLACKBURN: Okay, that's fine.

THE COURT: Satisfactory?

MR. BLACKBURN: Yes.

THE COURT: Very well.

BY MR. BLACKBURN:
Q In your answers up to this time, Mr. Ivory, have you covered all your training up to February 17, 1970?
A Yes, sir. I have.
Q Directing your attention to the evening of the sixteenth of February, 1970 --

THE COURT: (Interposing) I will let you do that at 11:30, but right now we are going to lunch. Let the jury go out first. We will ramain in session until the jury has departed for lunch. Members of the jury, come back at 1:30 today, please.

(Jury exits at 12:28 p.m.)

THE COURT: Any motions?

MR. SEGAL: I assume the usual admonition will apply.

THE COURT: Yes.

MR. BLACKBURN: Excuse me. There is one thing. Let us approach the bench.

THE COURT: Any use to keep all these people here while you do that?

MR. BLACKBURN: No, sir.

THE COURT: Take your recess until 1:30.

(The proceeding was recessed at 12:29 p.m., to reconvene at 1:30 p.m., this same day.)


F U R T H E R P R O C E E D I N G S 1:30 p.m.

(The following proceedings were held in the presence of the jury and alternates.)

THE COURT: Good afternoon, ladies and gentlemen. Do you have further questions of this witness?

MR. BLACKBURN: One or two more, Your Honor.

THE COURT: All right; let him come back.

(Whereupon, WILLIAM F. IVORY, the witness on the stand at the time of recess, resumed the stand and testified further as follows:)

MR. BLACKBURN: Judge, I hope Your Honor will interpret the "one or two" liberally.

THE COURT: I will apply the usual rule and multiply it by a hundred.


D I R E C T E X A M I N A T I O N 1:31 p.m.

BY MR. BLACKBURN:
Q Directing your attention to the evening of the 16th of February, 1970, did you have an occasion to be on duty that night?
A Yes, sir; I did.
Q What time, if you recall, did you come on duty?
A At 7:30 the morning of the 16th.
Q What were your responsibilities that particular day?
A I was the duty investigator for a 24-hour period from 7:30 the morning of the 16th until 7:30 the morning of the 17th, to cover criminal complaints on the Fort Bragg Military Reservation.
Q If you recall, sir, what was the weather that night?
A That night it was raining. It had been raining quite heavily during the early part of the evening.
Q Directing your attention to approximately 3:50 a.m. on the 17th, did you have an occasion to overhear a radio call?
A Yes, sir; I did.
Q What was the substance of that call?
A I monitored a series of calls from the CID office, concerning military policemen who had been dispatched to an on-post residence in regards to a stabbing.
Q Was the address given?
A Yes, sir; 544 Castle Drive, in one of the housing areas on Fort Bragg.
Q As a result of overhearing that call, what, if anything, did you do?
A I went on the air myself and inquired to the military police patrol at the scene if there had been any fatal injuries involved in the stabbing.
Q What response did you get?
A I was advised that yes, there was; and I advised that I would proceed to the scene.
Q How soon after that discussion did you, in fact, go to Castle Drive?
A I arrived at the quarters at 544 Castle Drive at about 4:00 o'clock in the morning.
Q Who, if anyone else, went with you?
A There was a man by the name of Hagan Rossi, who was the military police investigator, who was also on duty that night.
Q Prior to leaving your headquarters for Castle Drive, what preparation for going there, if any, did you initiate?
A I made a telephone call to the office photographer -- the crime scene photographer.
Q Who was that?
A It was Staff Sergeant James Alexander. I believe his first name is James -- Staff Sergeant Alexander, at any rate. I put together some items for crime scene processing, which is a camera kit, evidence containers, and general processing equipment; and then Mr. Rossi and myself departed for the scene.
Q Who drove, if you can recall?
A I believe I did, sir.
Q How long, if you can recall, did it take you to get to 544 Castle Drive?
A Less than five minutes.
Q Was it still raining, or had the rain stopped?
A It was still raining. It was raining very lightly when I arrived.
Q What pedestrian traffic did you see on the way to Castle Drive?
A I observed none.
Q What moving vehicles, if any, did you observe on your way to Castle Drive?
A I don't recall having seen any moving vehicles. I don't recall having seen any at all.
Q When you got to Castle Drive, where did you park your car?
A I parked the duty sedan -- not directly in front of 544 Castle Drive, but a few parking slots down -- but directly in front of the house in which 544 Castle Drive is included.

MR. BLACKBURN: I would like marked for identification Government Exhibit Number 161, 162, 163 and 164.

(Government Exhibits 161, 162, 163 and 164 were marked for identification.)

MR. BLACKBURN: May I approach the witness, Your Honor?

THE COURT: Yes.

BY MR. BLACKBURN:
Q Mr. Ivory, let me hand you what has been marked as Government Exhibit 161, 162, 163 and 164, and ask you to take a look at them, sir. (Witness complies.)
Q Can you identify those?
A Yes; I can.
Q What are they?
A They are photographs of the building, and specifically the area of 544 Castle Drive.
Q Now, Mr. Ivory, after you pulled into -- after you parked your car, what did you do?
A Mr. Rossi and myself went up to the house and entered the apartment of 544 Castle Drive through the front door.
Q Who, if anyone, did you observe on the outside on Castle Drive?
A There were medical personnel wearing hospital whites and some uniformed military policemen.
Q Do you recall, sir, how many medical personnel there were?
A I believe two that I can recall.
Q How many ambulances were there at that time?
A There were two.
Q Do you recall, sir, how many military policemen were outside when you got there -- outside the front?
A I think about four.
Q What did you do after you went in the front door?
A Upon entering the apartment, I saw Lieutenant Paulk, who was the military police duty officer. I approached him immediately and asked him what the situation was.
Q Was the light on or off in the living room?
A The light in the living room was on.
Q After you spoke with Lieutenant Paulk, what, if anything, did he say to you?
A He advised me that the story he had obtained to the occurrences in the house were that some people had come into a house -- into the house -- attacked the family and had killed some -- had killed a woman, as he directed my attention down a hallway. He said some people had been killed -- someone had been killed; and that was basically the information he had at that time.
Q After he told you this, what did you do?
A Well, just at the time that he was describing to me the information that he had obtained, a hospital stretcher, the two medical personnel, and a military policeman were coming from the hallway into the living room area, and Lieutenant Paulk advised me that this was the person on the stretcher, which was a male, was the occupant of the house, and he was one of the persons that had been attacked.
Q Mr. Ivory, if you would, please come down behind the model and bring the pointer and point out, sir, to the jury where you were when the stretcher came out.
A I was standing here in front of the television set.
Q Where was Lieutenant Paulk standing, if you recall?
A Directly to my left side, I think.
Q Did you stand there for the entire time until the stretcher was removed?
A Yes, I did.
Q You may resume your seat. After the stretcher was, in fact, removed from the living room, what did you do?
A I asked Lieutenant Paulk to show me what he had found at the scene, and then with Lieutenant Paulk went through the house and observed the crime scene as it was at that time.
Q Where did you go first?
A We went first to the master bedroom, the bedroom at the far end or the east end of the house. The light in that room was also on at that time.
Q How far inside that room did you go?
A Initially I went to the door, observed what was in the room, the lay of the furniture, the bodies were laying (sic) on the -- on the floor, and then walked closer to the body, looked at it; and about that time Lieutenant Paulk said, "All right, now there are -- ," or words to the effect that, "There are others down the hall."
Up to that point I was of the opinion that there was one, but then he advised me that there were at least some others in another part of the house.
Q How long did you stay in the master bedroom that first time?
A Perhaps a minute, two minutes.
Q Did you have an opportunity to observe a female on the floor?
A Yes, I did.
Q How was she dressed?
A In pajamas, pink pajamas, which were blood-soaked at the top and bloodstained on the trousers. Also on the body was a white bathmat, as was found later, and also a blue -- some blue material which was later found to be part of a blue pajama shirt -- or a blue pajama shirt.
Q Where was the blue material when you first saw the female?
A On the lower chest area, the upper part of the body -- the lower chest area.
Q Where was what you have described as the bathmat?
A The bathmat was laying (sic) across the abdominal region.
Q Were the pajamas that you saw on Colette one-piece or two pieces?
A The clothes that she was wearing were two-piece.
Q After Lieutenant Paulk advised you that there were other dead people in the house, what did you do?
A We went from the master bedroom -- again, with Lieutenant Paulk -- back down the hallway to a bedroom on the front or south side of the house, the bedroom of Kimberly MacDonald; and there Lieutenant Paulk pointed a -- the room was not lit. He directed the beam of his flashlight into the room on to the bed, and I saw there was a figure laying (sic) on the bed.
I looked inside the doorway and found the light switch, and with a pen flipped the switch up, illuminated the room, and then entered to get a closer look at the body.
Q What did you observe?
A I observed the body of a small child -- female child -- laying (sic) on that bed.
Q Do you recall which side of the bed she was on?
A She was on the -- just to the left of the center of the bed, looking from the feet -- from the foot up.
Q Were the bed covers, sir, up or down?
A The bed covers were up and, in fact, tucked underneath the body, from the -- from the rear of the body.
Q How long did you stay in this bedroom?
A Again, perhaps a minute, perhaps a little longer -- no more than that, before he -- Lieutenant Paulk -- advised me then that there was another body in the bedroom across the hallway.
Q Was that the first time you knew of that?
A Yes, sir.
Q After he advised you of that, what did you do?
A We went to the doorway of that bedroom. Again, he directed his flashlight into the room. I saw a body laying (sic) on the bed. Using the same procedure with a pen, I found a light switch inside the door frame, illuminated the room, and then walked in deeper into the room to get a closer look at the body, and saw the body of a small female child laying (sic) on her side -- on her left side -- on the bed.
Q How did you illuminate that room?
A Again, in the same procedure as I did with Kimberly's room. As I entered the bedroom on the south side -- or north side, rather -- which was Kristen's bedroom, using the ballpoint pen I flipped up the light switch and illuminated the room.
Q When you left Kimberly's room that first time, was the light on or off?
A When I left the room?
Q Yes.
A I think perhaps I shut the light off again. I'm not sure.
Q How long did you remain in Kristen's room?
A No longer than I had remained in the other rooms, perhaps a minute.
Q What did you observe that first time you went into Kristen's room, besides what you've already testified to?
A In addition to the body, there was blood on the floor just to the side of the bed, blood along the side edges of the bed, flecks of blood along the wall behind the bed or along the side of the bed; and I observed two bloody footprints leading out of the room -- from the room to the hallway.
Q After you left that room, sir, where did you go?
A I went from that room back to the living room, had a few more words with Lieutenant Paulk.
Q What did you say to him?
A I asked him what security he had around the house, and he told me he had military policemen assigned around the perimeter of the house to keep unauthorized personnel out. I told him I was going to go next door to make a phone call, to get some investigative assistance, because that -- at that point I saw that the situation was more than I was going to be able to take care of myself, and I --
Q Excuse me, when you first went back to the master bedroom with Lieutenant Paulk, how many other people were in the master bedroom while you were there?
A There was a military policeman stationed at the outer door of the utility room, which is just off the master bedroom, but there were no other persons in the room itself.
Q With respect to Kimberly's bedroom -- front bedroom -- when you were in that room with Lieutenant Paulk, how many other individuals were in that room?
A There were no others.
Q And finally, sir, with respect to Kristen's room, when you went in that room with Lieutenant Paulk, how many people were in that room with you?
A There were no others.
Q After you told Lieutenant Paulk that you were going to go next door to make a telephone call, what did you do?
A I advised him to maintain control on people coming in and out of the building. To restrict access to the house is what, in essence, I told him. I asked him if he had seen anything in the house that was disturbed or had been moved by anybody that had been in the house. He said, "No." At that point, I went into the apartment of Warrant Officer Kalin, who resided at 542 Castle Drive, and asked permission to use his telephone to call for assistance.
Q When, if at any time, did you go into the dining room area or the kitchen area of the apartment?
A The dining room -- it is a combination of a sort -- dining room-living room area. I did observe the dining room area on my initial entry into the house. I was standing with Lieutenant Paulk and talking to him. I went into the kitchen probably the first time after returning. I did not go into the kitchen on my initial visit to the house. Upon returning from the Kalin house, that had been my first visit to the kitchen.
Q During the first initial observations by you, what furniture, if any, did you observe in the dining room area?
A In the dining room, there was a dining room table which appeared to be a standard Army-issue table with straight-back chairs, an old-looking china closet or crystal cabinet -- whatever you care to call it -- a folding table, a bookcase or a buffet-type of affair over in the far corner, and there was a small carpet on the floor.
Q With respect to the china closet, did you have an opportunity to look at it directly?
A Yes, sir, I did.
Q What, if anything, was inside of it?
A There was some crystalware. I believe there were some items of silverplate. That is what I recall.
Q Can you describe the position of the plates?
A No, not silver plates but silverplated objects -- perhaps goblets or something.
Q Can you describe the position of these silverplated goblets?
A They were upright as were the glasses upright in a normal position in the cabinet for display.
Q With respect to the buffet, what, if anything, was on it?
A There were greeting cards, I think, Valentines or birthday cards or something to that effect.
Q Do you recall anything else?
A Not at present, no. Yes, I think there was a candle or something. I am not sure. The cards, I distinctly remember, were standing up and open, but the others are a bit foggy.
Q Now, I believe you earlier testified after you left Kristen's room, you talked with Lieutenant Paulk and you went next door; is that correct?
A Yes, that is correct.
Q What did you do when you went next door?
A I spoke with the Kalin family -- Mr. and Mrs. Kalin. I asked them briefly if they had observed anything or knew what had happened next door. They said, "No." They knew there was some commotion over there, but didn't know exactly what had happened. I asked permission to use their telephone, as I did not want to disturb the phones in the apartment at 544 Castle Drive. Using that phone, I then called the Chief of Investigation for Fort Bragg -- my boss.
Q Who is that?
A Joe Grebner -- Franz Joseph Grebner -- and advised him of what I had found and advised him that I was going to call additional investigative assistance in. I suggested that he should also call some people in. I called also after Mr. Grebner a few other of the investigators from the office and then went back to the apartment.
Q Do you recall about what time this was?
A This, perhaps, was within ten minutes after my arrival at the house.
Q If you recall, sir, who did you specifically call besides Mr. Grebner?
A I called Special Agent Connolly, Special Agent Shaw, and Special Agent Black.
Q When you say "Special Agents," is that with the CID?
A Yes, CID agents.
Q When you first arrived at Castle Drive inside the apartment, how many military policemen did you see?
A There was one standing just inside the front door. There was another standing next to Lieutenant Paulk as I approached him at that TV set and the military policeman that I saw accompanying the stretcher in the hallway.
Q After you went back to the MacDonald apartment upon completing your telephone calls, what did you do?
A I made a longer assessment of what I had seen the first time. I went through the house again and took a longer look in each of the rooms and made a little bit more detailed observation of what was there and then returned to the front room and then back into the Kalin apartment and asked Mr. Kalin if he felt up to it could he accompany me through the house to make an identification of those bodies that were found in the house. He said, "Yes," he would, and accompanied me back into the house.
Q Prior to that, sir, on your detailed observations that you have testified to in the house, what, if anything, did you observe with respect to the furniture in the living room area?
A In the living room, against the east wall or the wall farthest away --
Q (Interposing) How about if you will come on down here behind the model and point out where you are talking about?
A Against the east wall of the living room, a couch, much in the position as in this model, a table with a lamp as is depicted here. There is a coffee table that was turned up on its edge just as shown here next to a rocking chair. There was a carpeted floor. There was a vinyl-covered lounge chair with a hassock, and as depicted here, this flower pot. There was also a flower pot -- no, it wasn't here (indicating). It was over here (indicating).

MR. SEGAL: I can't hear what he said.

MR. BLACKBURN: Speak louder.

THE WITNESS: I said that the flower pot is not as shown here but was over toward the site of the table; however, the plant and the root ball were generally in this position as you see it here, the desk, a very ordinary Army-issue desk, the television set, a stereo set on a stand, very similar to this with the speakers on either side, and an arm-type chair -- not an upholstered chair -- a wood-frame chair in this corner (indicating) by the entrance to the dining room.

BY MR. BLACKBURN:
Q Directing your attention to the hallway area, sir, at the top of the stairs, what, if anything, did you observe in the hallway area?
A Laying across or laying down across the stairs on this side of the stairs (indicating), which is the south side of the stairs, were some items of clothing -- apparently, child's clothing -- it looked like pajamas or a kind of -- I think a child would slip into like a sleeping bag thing -- a child would sleep in it -- again laying down the stairs from the top stairs down.
Q On this trip back through the house and making the detailed observation, after you went to the living room, where did you next go?
A We are talking now about after Mr. Kalin has left?
Q No, sir, before Mr. Kalin was coming.
A Before he was coming. Back through the house to the side bedrooms. I can't recall which of the side bedrooms that I went into first and then back into the master bedroom and then into the utility room and to the back door where the military policeman was stationed.
Q With respect to the front bedroom -- Kimberly's bedroom -- what, if anything, did you observe with respect to the furniture that was in there?
A As shown here on the model, as I entered this room, the light switch was right here by the door frame. Directly across from the door was a bookcase filled with books and a child's games. There was a pink cat type of a bank that stood about 18 inches high. This chair -- may I move this chair?
Q Yes. Move it where you think it was when you saw it.
A It is a wood frame chair with a vinyl leather covered arms and seat and was closer to the radiator here -- probably positioned about like that. This was a small cabinet that had a record player and a doll.
Q Excuse me, can you see?

THE COURT: Can he stand behind?

MR. BLACKBURN: Yes.

THE COURT: All right.

THE WITNESS: The bed in a position very much like it is shown here, again with the body of the child in approximately that position and another bookcase-type thing with some child's games and miscellaneous things here against this wall. A small purple -- larger than what we call a throw rug -- a small carpet between the door and this bookcase.
Q Now, going back to the master bedroom, sir, what, if anything, did you observe besides Colette in that room?
A In entering the room, of course, my first observations were to try to make it in a clockwise manner -- was to observe the door leading from the bedroom into the utility room again where I could see the military policeman standing in a postion right by the door. A dresser with items obviously belonging to a woman -- a jewelry box, perhaps some hair spray -- the ordinary things you would find on a woman's dresser -- a lamp, a telephone. The receiver -- may I move it?
Q Yes, as you saw fit.
A The receiver was hanging down over the side of the dresser.
Q It could fall. The phone isn't magnetized.
A This is green vinyl-covered chair and perhaps in a position -- it was closer to the body or the body was closer to it. The body was laying directly in front of this green vinyl-covered chair. A nightstand which matched the dresser and the bed and also this chest of drawers here -- this lamp -- the shade was tilted -- I forget in which direction. The bed -- the bedding had been stripped down from it and all that was on it was the bottom sheet. There was a pillow there also, but the bottom sheet, and on the headboard -- right here, if you can see where I am pointing -- was the word "Pig" with the letters "P-i-g" written in this manner -- not so you could read it looking straight at it, but you had to turn. It was written like this (indicating) in what appeared to be blood. There were blood splatters along the walls, along the baseboard of the wall, along this side. Between this bed and the wall -- this, perhaps gives you an illusion of space. It is an illusion. It is a lot tighter in here than perhaps you could think.
There were items of military apparel. I think a pair of fatigues was lying down there and there were some throw pillows such as the type that you would put up on a bed and lean into while you were sitting up reading. This dresser was back here towards this wall where the cabinets were. Of course, these are sliding door cabinets. The door on this side or the side closest to the doorway leading back out to the hallway was open -- not entirely open but maybe halfway sort of opened.
Right here where this piece of paper says "pile of bedding," there was a pile of bedding consisting of a bedspread and a sheet which apparently came from this bed. That is my observation.
Q With respect to the chest of drawers and other items that had drawers in them, were the drawers open or closed?
A There was one drawer -- the second or third drawer down which was not open but was not completely closed. The edge of the drawer was protruding beyond the face of the chest of drawers.
Q What about with respect to the other drawers?
A They were firmly shut.
Q With respect to the utility room, what, if anything, did you observe in that room?
A It was a bit cluttered in there. There was a washer-dryer combination, there was some "Old Maid" shelving in there -- that is, shelves separated by piles of red brick -- a small filing cabinet where someone would keep their own personal documents in files -- a two-drawer filing cabinet, I think it was. Again, off the utility room, is a small -- not a bathroom but just a toilet.
Q With respect to the jewelry box in the master bedroom, was it opened or closed?
A It was closed.
Q With respect to the hall bathroom, did you go in that room?
A Yes, sir; I did.
Q What, if anything, did you observe there, if you recall?
A As I recall, the bathmats and the items on the toilet were pink. There was a small stepladder underneath the sink. Around the edges of the sink over which there was a mirror, there were numerous drops and specks of blood.
Q Was the hall light bathroom on or off (sic)?
A It was on.
Q With respect to Kristen's room, the back bedroom, besides Kristen and the pool of blood to which you have already testified, what else, if anything, did you observe?
A Just inside the door and immediately to the left along the wall, which, unfortunately, cannot be seen by you, was sort of a bookcase or shelving, I should say, which contained, again, children's toys. There was a small sewing machine there --
Q (Interposing) Excuse me. We can remove these walls.
A Again, as you can see, this portrays the position in which the shelves were which contained the child's toys. This would be the blue sewing machine in a case. Between this case and the toys and the foot of the bed, I think there was a small hassock and some other items that you would find strewn underneath a child's room. The bed was covered in a green bedspread covering the body to about waist level.
In a position right about here by the head of the bed was a large stuffed animal -- again, something you would find in a child's room -- a small carpet, a multi-colored carpet which also had blood stains on it, again, a sliding door to the closets. Inside the closet was a chest of drawers put in there for space-saving purposes, I am sure.
Q Excuse me. Were the closet doors open or closed in that room?
A They are fixed. I can't open them on the model, sir.
Q My question was not with respect to the model but with respect to the room itself. Were they open or closed?
A They were closed. In approximately this area here just in front of the door between this carpet and the door, I observed two partial bloody footprints leading out into the hallway.
Q Finally, sir, before you resume your seat, with respect to Kimberly's room and the closet, were those doors open or shut?
A As I recall, they were shut.

MR. BLACKBURN: You may resume your seat. Your Honor, may we approach the bench?

THE COURT: Yes.

B E N C H C O N F E R E N C E

MR. BLACKBURN: We are getting very close to the point where we are going to seek to introduce photographs of the crime scene, including the positions of the bodies as Mr. Ivory has just testified. We think that they are relevant simply to show the crime scene as it was when he was there.

THE COURT: What is the problem?

MR. SEGAL: If Your Honor pleases, we want the Government to make an offer of proof at this time as to the relevance of showing the position of the bodies. I think when they have made their offer of proof, I will have an objection to state to it. I don't want to presume what they are going to do with them. I want to know the relevance of showing the pictures.

MR. BLACKBURN: Well, the position of the bodies is extremely relevant. We have had testimony from two MPs, for example, how the two little girls were found. We've had testimony as to how Colette was found. We've had discussions with respect to how they were in the model, and these are photographs. We're not at that point quite yet, but we're getting close.

THE COURT: Well, there's no objection before the Court. If you have a witness who saw the scene and if you have a photograph which you allege is of the scene, I don't see any problem about proceeding in the normal fashion.

MR. SEGAL: Let me state my objection, if I may. It is our position that the photographs that the Government has now offered are irrelevant and, in fact, prejudicial.

THE COURT: Well, there has been no photograph offered.

MR. SEGAL: They are about to offer the specific photographs just of the bodies.

MR. BLACKBURN: Let me show you. These are two black-and-white photographs, the first two photographs taken -- this being Colette after the Doctor was removed, this being the little girl, Kristen, who we've had testimony to was on her side in the bed.

THE COURT: You are objecting to these two photographs?

MR. SEGAL: May I state my objection?

THE COURT: Yes.

MR. SEGAL: If the Government is merely offering the photographs to simply show us there were dead bodies in the room, that has already been testified to by now three of the witnesses. However, I've asked for an offer of proof that I don't think has been fully articulated. I think that the Government is doing what I anticipate based upon the opening statement of the Counsel.
They ultimately intend to call the former Chief of Chemistry Division of the FBI to then interpret, based upon the position of the blue pajama top, the position of other things on and about the body, the location of certain fibers in and about the body.
They intend to ask him to draw certain conclusions or inferences about how the injuries were received by these persons. This is predicate to that testimony. I suggest, Your Honor, most seriously, most strenuously, that it is a false predicate because we have had clear testimony from both Tevere and from Officer Mica that the various items on, in, and about the bodies, including the bodies themselves, were moved or subject to change. The Government fully objected when I wanted to show them the pictures that are of the photos when this man arrived on the scene, that everything that this man has seen was the subject of alteration, and that unless and until, Your Honor, the Government recalls the various military policemen and the medics who are all on call and are available and they have notified exist, that to clear up whether or not they in fact moved anything that this man saw and now having photographed, that that will be a totally false predicate for what follows thereafter.
It is not only false --

THE COURT: (Interposing) You seem to be anticipating that the testimony of this witness will be at variance with some witness who has already testified and, if it is, so be it.

MR. BLACKBURN: He can cross-examine.

MR. SEGAL: May I suggest that is not the issue? It is the right to introduce a photograph which does not represent the crime scene as it was found by the Government. They simply want to skip how they found it.

MR. BLACKBURN: It represents the crime as it was seen --

THE COURT: (Interposing) Ask your questions.

(Bench conference terminated.)


BY MR. BLACKBURN:
Q Mr. Ivory, you testified here earlier in your direct examination that you recall a Mr. James Alexander coming to the Castle Drive apartment. Is that correct?
A Yes, sir, I did.
Q When did he come?
A I would say around 4:20 -- somewhere between 4:20 and 4:30.
Q Was this before or after Mr. Kalin came over to the MacDonald apartment?
A It was at about the same time.
Q Well, then, with respect to Mr. Kalin, he then came over to the apartment about 4:20. Is that correct?
A Yes, sir.
Q When he got there, what did he do that you observed?

THE COURT: Which one -- the photographer?

MR. BLACKBURN: Mr. Kalin.

THE WITNESS: Prior to entering the house, I advised him not to touch anything, and we were just going to walk through the house. We would have the opportunity to look at the bodies and then immediately leave the house, but, again, I stressed the point of not touching anything within the house. We went through the living room into the hallway to the bedroom on the left, Kristen's bedroom. He looked in and -- well, the room was illuminated at this time. He looked in from the doorway, did not enter the room, and saw the body laying there and identified it as Kristen MacDonald but he did not call her "Kristen." He called her "Krissie."
I went to the bedroom across the hall on the north -- on the south -- side of the building, Kimberly's bedroom -- looked in -- again, did not enter the room -- went just into the doorway -- looked over to the bed, and he said, "That's -- ." I think he used the term "Kimmie."
He went from there to the doorway and entered no further than the doorway of the master bedroom and identified the body of Colette MacDonald.
I then immediately escorted him back to the front of the house and out.
Q How long would you estimate he was in that apartment?
A No more than two minutes.
Q What, if anything, did you observe Mr. Kalin touch while he was inside the apartment?
A He touched absolutely nothing.
Q I believe you testified that Mr. Alexander, the photographer, had arrived at approximately the same time; is that correct?
A Yes, sir.
Q After he got there, what, if anything, did you observe him do?
A Well, I instructed him that he was to take photographs of the crime scene; and immediately he began to set up his equipment, and began shooting in black and white film the house.
Q The inside?
A The inside of the house -- the interior.
Q Where were you when he began shooting these pictures?
A In the living room area with him, because that is where he set up his camera equipment -- right there.
Q How long did Mr. Alexander remain in the house?
A Not very long; he exposed -- well, I don't know how many exposures he made in the house. He was ill that night and that, coupled with what he experienced when he walked in -- the trauma of seeing it -- he was not used to entering any crime scenes of this magnitude. He was usually shooting house breakins and larcenies and tire tracks and whatnot, so it took a toll on him; and about that time, I was looking for some other kind of film. So all things combined, I thought it best for him to exit the crime scene. There was perhaps half of a packet of sheet film.

MR. BLACKBURN: Let me mark some photographs -- Government Exhibit Number 20, 20(a), 152, 157, 156, 158, 159, 155, 154, 153, 160 and 144.

(Government Exhibits 20, 20(a), 152, 157, 156, 158, 159, 155, 154, 153, 160 and 144 were marked for identification.)

MR. BLACKBURN: May I approach the witness, Your Honor?

THE COURT: Yes.

BY MR. BLACKBURN:
Q Mr. Ivory, let me hand you what has been marked for identification as Government Exhibit Number 20 and ask you if you can identify it?
A Yes, sir; I can.
Q What is it?
A It is a Polaroid exposure of the north bedroom or the bedroom of Kimberly MacDonald, showing the body of Kimberly MacDonald in the bed.
Q What relationship --
A (Interposing) I am sorry; Kristen MacDonald.
Q What relationship, sir, is the position of that body in that bed to when you first observed Kristen MacDonald?
A That is as I first saw the body.
Q Let me hand you, sir, what has been marked for identification as Government Exhibit 20(a) and ask you if you can identify it?
A Yes, sir; I can.
Q What is it?
A It is a Polaroid exposure of the east bedroom and the floor of the east bedroom, showing the body of Colette MacDonald.
Q What relationship, sir, is the body of Colette MacDonald as to the position that you first saw her?
A It is in the same position. It is exactly as I first saw her.
Q With respect to what she is wearing in that picture, is that the same as you first saw her?
A Yes, sir; with the pajamas, the bathmat across the lower region of the body and the pajama shirt on top of the upper part. Again, it shows a trailing piece of cloth, which is also a part of the blue pajama shirt.
Q Let me hand you, sir, what has been marked as Government Exhibit 144, and ask if you can identify it?
A Yes, sir; I can.
Q What is it?
A This is a photo taken from the doorway of the south bedroom, or the bedroom of Kimberly MacDonald, showing the bed and part of the body of Kimberly MacDonald.
Q What relationship, sir, is that photograph to that area of the room as to when you first saw it?
A It is exactly as I first saw it.
Q Let me hand you, sir, what has been marked for identification as Government Exhibit 152, and ask you if you can identify it?
A Yes, sir; I can.
Q What is it?
A It is a photograph taken from the living room along the hallway, and in the background of the photo is the east bedroom, or the master bedroom; and you can see part of the body of Colette MacDonald laying on the floor.
Q What relationship, sir, is that picture to when you first saw that part of the house?
A It is as I first saw it.
Q Let me hand you what has been marked for identification as Government Exhibit 153, and ask you if you can identify it?
A Yes, sir; I can.
Q What is it?
A Another photograph taken from the doorway of the master bedroom, looking at the wall just adjacent to the doorway leading to the utility room, and shows the dresser with the mirror which was in the master bedroom; and just in the corner, you can see part of a blade of a knife that was laying partially under that dresser.
Q What relationship, sir, is that photograph to that part of the master bedroom as to when you first saw it?
A It is as I first saw it. I see no change.
Q Let me hand you what has been marked for identification as Government Exhibit 154 and ask you if you can identify it?
A Yes, sir; I can.
Q What is it?
A This is a continuation of what would have been a 360-degree photo coverage of the master bedroom. It picks up approximately where that last photo left off, and shows part of the dresser, the telephone with the receiver off the hook, and around to the east wall of the bedroom. It shows the green vinyl chair and a kind of a plant hanger type of affair that was hanging from the ceiling over the chair.
Q What relationship, sir, is that picture to that part of that room when you first saw it?
A I see no change to the room as I first saw it.
Q Let me hand you what has been marked as Government Exhibit 160, and ask if you can identify it?
A Yes, sir; I can.
Q What is it?
A It is, again, a continuation of the 360-degree coverage, shooting from the doorway of the master bedroom directly ahead towards the east wall -- a little bit lower view, showing the floor; the green vinyl chair with clothing on it; the body of Colette MacDonald; a small multi-colored throw rug; just at the foot of the body by the left foot and on the upturned corner of this throw rug was the small blue pocket of this pajama shirt.
You can see the nightstand, the lamp with the shade tilted, just a portion of the bed, and the headboard of the bed in the master bedroom, and then some blood specks on the wall. In the lower right-hand corner of the photograph, you can see part of that bundle of bedding, which was just inside and to the right of the doorway of the master bedroom.
Q Let me hand you what has been marked as Government Exhibit 156, and ask if you can identify that, please?
A Yes, sir; I can.
Q What is it?
A The continuation of the coverage of the room picking up approximately where that last photo left off, depicting the rest of the bed, the other night stand with lamp, the throw pillows that I described earlier, the south wall of the bedroom, the window, the small wicker stool, and a small overnight case which was right next to the dresser or the chest of drawers and the footboard of the bed.
Q What relationship, sir, is that photograph to that area of the room when you first saw it?
A That is as I first observed it.
Q Let me hand you what has been marked for identification as Government Exhibit 157, and ask if you can identify that?
A Yes, sir; I can.
Q What is it?
A It is another in the series of the coverage of the master bedroom, showing the chest of drawers and a print -- picture -- which was against the south wall of the master bedroom, and it also shows, as I mentioned earlier, this is the third drawer from the top which was just slightly open at the edge protruding from the flush of the drawers.
Q What relationship, sir, is that photograph to that portion of the room when you first saw it?
A It is as I first saw it.
Q Let me hand you what has been marked for identification as Government Exhibit 155, and ask if you can identify that photograph?
A Yes, sir; I can.
Q What is it?
A Another photograph in the coverage of the master bedroom, showing more clearly the headboard of the bed with the writing "P-i-g" on the headboard. Again, you can see more clearly the blood stains on the wall. You can see the upper portion of the body of Colette MacDonald and the bedding and the stained shag carpet in the room.
Q What relationship, sir, is that photograph as to when you first saw that area of the room?
A Again, sir, I see no change.
Q Let me hand you what has been marked for identification as Government Exhibit 158, and ask if you can identify it?
A Yes, sir; I can.
Q What is it?
A It is the photograph taken from the hallway into the south bedroom or Kimberly's bedroom -- a direct line of sight shot from the door, showing the bookcase with the books, child's games, and that pink cat bank.
Q What relationship is that photograph to that area of Kimberly's room when you first saw it?
A It is as I recall seeing it.
Q Finally, sir, let me hand you one last thing that has been marked as Government Exhibit 159, and ask if you can identify that?
A Yes, sir; I can.
Q What is it?
A It is another photograph of the coverage of the south bedroom or Kimberly's bedroom and continues from that bookcase in the last photograph onto the right, showing the vinyl-covered wood-frame chair, radiator, part of a doll's crib or a doll's bed, and just a portion of the footboard of the bed in the south bedroom.
Q What relationship is that photograph to the area of the room when you first saw it?
A It is as I recall first seeing it.

MR. BLACKBURN: Your Honor, at this time, I would offer the following exhibits into evidence on behalf of the Government: Exhibit No. 20, 20(a), 155, 158, 159, 157, 153, 154, 152, 156, 160 and 144.

THE COURT: Very well.

(Government Exhibit Nos. 20, 20(a), 155, 158, 159, 157, 153, 154, 152, 156, 160 and 144 were received in evidence.)

MR. SEGAL: I'd like a chance to look at them a little more leisurely, Your Honor -- perhaps after the jury has retired at 3:00 o'clock.

MR. BLACKBURN: We're offering them now.

MR. SEGAL: I will look at them now, then in a non-leisurely pace.

THE COURT: Well, if he wants a chance to look at them. I thought you had provided him with these before.

MR. BLACKBURN: We have. The only pictures, Your Honor, that I am not sure Mr. Segal has previously seen are two small photographs. The others he has been provided.

THE COURT: All right, there will be plenty of time over the weekend for both of you to look at them.

MR. SEGAL: Your Honor has my position in regard to this matter.

THE COURT: Yes.

MR. BLACKBURN: Your Honor, may we approach the bench just one second?


B E N C H C O N F E R E N C E

MR. BLACKBURN: The reason that I was interested in introducing them this afternoon into evidence is because we have larger reproductions of those photographs we would like to put up on the easel and publish to the jury this afternoon.

THE COURT: Well, you have offered these and they have been admitted, and now what?

MR. BLACKBURN: That is all. I just wanted to make sure I was understood.

THE COURT: When I say, "Very well," that means that they come in unless I hear an objection.

MR. SEGAL: I have already made my position on the record. I did not assume it was necessary to repeat it, Your Honor.

(Bench conference terminated.)


MR. BLACKBURN: Your Honor, before we publish these to the jury, we would like to collate for the record these larger blow-ups with the smaller pictures.

THE COURT: Do they have the same number?

MR. MURTAGH: Yes, Your Honor. They are modified by an "a."

MR. BLACKBURN: Yes, they do; we have an "a" after them.

THE COURT: All right.

BY MR. BLACKBURN:
Q Let me hand you, Mr. Ivory, what has been marked for Government's identification as 152(a) and ask if you can identify it, sir?
A Yes, sir; I can.
Q And what is that?
A It is an enlargement of one of the photos I looked at just a few minutes ago. It shows the view from the living room, down the hallway, into the master bedroom, or the bedroom on the east side of the house.
Q Let me hand you what has been marked for identification as 160(a), and ask if you can identify that, sir?
A Yes, sir; I can.
Q Is it the same as the picture, 160, that you already saw?
A Yes, it is an enlargement of one of the photographs I have just seen.
Q What does that depict?
A That depicts a view from the hallway door into the master bedroom, looking at the bottom, the body of Colette MacDonald, the multi-colored throw rug, the pocket from the pajama shirt that was described earlier, the vinyl chair, and a partial view of the bedding which was just inside and to the right of the doorway, and then the bed.
Q Let me hand you, sir, what has been marked for identification as Government Exhibit No. 153(a) and ask if you can identify that?

(Government Exhibit No. 153(a) was marked for identification.)

A Yes, sir, I can.
Q What is it? Excuse me, is that an enlargement of an earlier picture which you just saw a few minutes earlier?
A Yes, sir, it is.
Q And would you describe for the jury what is in that photograph?
A It's a photo, again, taken from the door of the master bedroom, looking to the left and then going in a clockwise method around the room, showing the door to the utility room and the dresser with the items of feminine -- articles that were there: the jewelry box --
Q Let me hand you what has been marked for Government's identification 154(a) and ask if you can identify that. Is that the same photograph, an enlargement of Government Exhibit 154?

(Government Exhibit No. 154(a) was marked for identification.)

A Yes, sir, it is.
Q And would you point out to the jury what is in that photograph?
A Let me take it from this lower left corner. This is the knife that was found laying (sic) partially -- just the tip -- under the edge of the dresser; the telephone, the receiver off the hook; jewelry box; the hanger-type plant, I guess you would call it a plant hanger; the vinyl chair; items of women's apparel.
Q Why don't you use the pointer, if you feel free to do so?
A Okay -- and just a part of the body of Colette MacDonald.
Q Let me hand you what has been marked as Government Exhibit 156(a) and ask you if that is not an enlargment of Government Exhibit 156, to which you have previously testified?

(Government Exhibit No. 156(a) was marked for identification.)

A That is an enlargement of a photo I just saw.
Q And if you would, sir, point out to the jury what is in that photograph?
A It is the continuation of that coverage of the room -- the pillow, the bedding, the footboard. This is a smear of blood right here in this corner. The pillow -- these are the Army fatigues I mentioned of the military uniform, and the overnight case and the wicker stool.
Q Let me hand you what has been marked for identification as Government Exhibit 157(a), and ask you if that is an enlargement of the photograph previously identified as 157?
A Yes, sir.

(Government Exhibit No. 157(a) was marked for identification.)

Q And would you, sir, point out again to the jury what is in that photograph?
A Again, taking it from the hallway, it shows the chest of drawers with the third drawer slightly open. These are items of shaving gear, socks and whatnot, obviously a masculine article, and that print that I described, a closer look at the wicker stool and the overnight case.
Q Let me hand you what has been marked as Government Exhibit 158(a), and ask you if that is an enlargement of photograph and Exhibit Number 158, to which you have previously testified?
A Yes, sir; it is an enlargement.

(Government Exhibit 158(a) was marked for identification.)

Q If you would, sir, point out to the jury what is in that photograph?
A It was taken from the doorway to the south bedroom, or the bedroom of Kimberly MacDonald. It is a straight-in exposure showing the bookcase with the books, toys and the bank.

MR. BLACKBURN: Your Honor, with respect to Government Exhibits Number 144 and 159, we do not have an enlargement of those, but since they are in evidence, we would like to pass those to the jury.

THE COURT: Very well.

MR. BLACKBURN: I am sorry; also Government Exhibit 155.

THE COURT: All right.

(Exhibits passed among the jury.)

THE COURT: Now, it is better if you let each one have an exhibit and then keep them moving, and we will get four done at one time.

MR. BLACKBURN: Let me first mark Exhibit 161(d), 162(a), 164(b), 165(b) and 166(b).

(Government Exhibits 161(d), 162(a), 164(b), 165(b) and 166(b) were marked for identification.)

BY MR. BLACKBURN:
Q Mr. Ivory, let me hand you what has been marked for identification as Government Exhibit 161(b), and ask you if that is an enlargement of Government Exhibit 161, which you have earlier testified?
A It is an enlargement of the photograph I identified earlier.
Q If you would, sir, point out to the jury what is in that photograph.
A This is a photo of the building in which 544 Castle Drive is a part, this door being the front door to 544 Castle Drive, or the MacDonald residence, and this the doorway to 542, or the residence of Warrant Officer Kalin. The apartment of the MacDonalds is a single floor on the first floor only, this portion of this apartment being the Kalin house.
Q Let me hand you, Mr. Ivory, what has been marked for identification as Government Exhibit 162(a), and ask you if that is not an enlargement of Government Exhibit 162?
A Yes, sir; it is.
Q Would you please, sir, relate to the jury what is in that photograph?
A In a more distant view of that same building, which includes this entryway here at 544 Castle Drive, it looks like that right there is my duty sedan; and 542, and going back that way.
Q Let me hand you, sir, what has been marked for identification as Government Exhibit 164(b), and ask you if that is not an enlargement of Government Exhibit Number 164?
A Yes, sir; it is.
Q Would you, sir, relate to the jury what is in that photograph?
A Another view from another direction of the building which includes 544 Castle Drive, which is this entryway here, this being the living room window; this the window of Kimberly's room; and behind these bushes, the window to the master bedroom. This is the south side of the building.
Q Let me hand you what is marked for identification as Government Exhibit Number 165(b), and ask if you can identify that?
A Yes, sir; I can.
Q What is it?
A This is a photo showing the rear of the building which includes 544 Castle Drive, and shows the doorway to the utility room, and the doorway to the kitchen; plus the windows on the north side of the building.
Q Using the pointer, sir, would you point that out to the jury?
A The military policeman was on perimeter duty that morning. This is the north side of the house, this doorway leading into the utility room here, and further into the master bedroom, which this is the window on the east side. This is the small lavatory, the bathroom, and the window to Kristen's bedroom. Let's see -- this is the kitchen door here. These cones were placed there by the military police to assist in restricting access to the side of the house.
Q Finally, sir, let me hand you what has been marked for identification as Government Exhibit Number 166(b), and ask if you can identify that?
A Yes, sir; I can.
Q What is it?
A It is another view of the rear of the north side of the building, which includes 544 Castle Drive.
Q If you would, sir, point out what is in that photograph to the jury?
A It is a view from a different direction of the kitchen door, the windows -- the windows of Kristen's bedroom -- the utility room. These bushes were just outside of the utility room; and again, the military policeman on perimeter duty.

MR. BLACKBURN: Your Honor, at this time those photographs marked for identification by this witness not already in evidence, we would move into evidence.

THE COURT: Very well. That just adds the enlargements to the ones previously.

MR. BLACKBURN: Yes, sir. I might say, with respect to the last two or three enlargements, I don't think we have the smaller ones yet in evidence; but in those I believe he testified to what they were.

THE COURT: All right.

(Government Exhibits 152(a)-154(a), 156(a), 157(a), 161(b), 162(a), 164(b), 165(b), 166(b), were received into evidence.)

BY MR. BLACKBURN:
Q Mr. Ivory, how long was Mr. Alexander in the apartment, if you recall?
A Oh, goodness; he was in initially for perhaps 10 or 15 minutes; then he left the house and later on, he did re-enter the quarters. Altogether, I cannot say totally how long he was there.
Q Do you recall approximately what time he left?
A Yes, he initially left around 4:30 or so, for it was about that time or in that time frame that I was calling for additional photographic assistance.
Q Who was that?
A Well, I wanted a photographer from the Post Photo Lab to come down because I was interested in shooting the house in color -- Alexander didn't have any color film -- I had to process a request through the post duty officer, as it was not normal duty hours. He contacted for me Mr. Squires, who was the Chief of the Post Photo Laboratory, and within, well, 10 minutes of my call, Mr. Squires arrived at the house. He lives very near by.
Q After he got there, what, if anything, did you observe him do?
A I gave him a general briefing of what had occurred in the house and instructed him that he was to make color photographic coverage of the entire house.
Q Did he do that?
A Yes, sir. I accompanied him as he made his photographs.
Q What parts of the house did he photograph?
A He photographed the entire interior of the house from the living room and dining room area through the hallway, through Kristen's bedroom to the master bedroom and Kimberly's bedroom -- and all parts of the house which were of interest to us. The bathroom.
Q Approximately how long did this photographing take place?
A Oh, God, it went on well, after shooting one photo or another, well after 5 or 6 o'clock.
Q You were with Mr. Squires this entire time he was doing the photographing?
A Not the entire time -- I was with him the entire time while he was taking the major photographs. Then other photographs were taken and then either myself or one of the other agents who had arrived at the house was with him.
Q At about this time how many other people besides yourself and Mr. Squires were in the MacDonald apartment?
A Mr. Connolly, one of the agents I called, had arrived. Some of the agents started arriving -- Mr. Shaw arrived during the photographic processing. Mr. Grebner arrived -- other agents arrived -- got the drift of what the situation was and then they took off to cover other aspects of the investigation. What was the question -- how many people were actually in the house?
Q Yes. To your knowledge.
A Myself, Mr. Squires, Major Parsons who was a representative of the Provost Marshal, also arrived at the house -- he stationed himself at the front door and was screening people also -- coming in. Lieutenant Paulk was also in and out. Mr. Shaw when he arrived.
Q Besides Mr. Paulk, how many other MPs were in the house at that time?
A The MPs that were at the house at the time were in the doorways.

MR. SEGAL: I couldn't hear you.

THE COURT: He said they were in the doorways.

MR. SEGAL: Is it in or out of the house?

THE WITNESS: Either in, just inside of the doorway or else on the landing on the front or rear porch.

MR. BLACKBURN: Your Honor, we are getting ready to go into other areas and it might be a good place to stop.

THE COURT: Well, we were getting ready to go home. Members of the jury, that brings us to the close of our abbreviated -- not by very much -- but somewhat abbreviated Friday schedule so we will take our recess until Monday morning at 10:00 o'clock. We ask you to keep in mind all of the previous instructions of the Court. Don't talk about the case among yourselves or with others -- don't let anybody talk about it in your presence. If somebody should attempt to do so accidentally, inform them that you are on the jury. That should suffice to bring to a halt any such conversation. Should anybody persist, though, and want to talk about it anyway, get that person's name, will you please, and let me know what it is Monday morning. And then there are some other things that I won't tell you about right now but they go into effect, affecting them, not you. You know you can't read, or look at, or listen to anything about it and you must, by all means, keep open minds about it. I'm going to let you go now and then we will take our recess as soon as the jury has parted.
Have a good weekend. We'll see you Monday morning at 10:00 o'clock.

(Jury exits at 3:01 p.m.)

THE COURT: Now, recess this Court until Monday morning at 10:00 o'clock.

(The proceeding was recessed at 3:02 p.m., to reconvene at 10:00 a.m. on Monday, July 23, 1979.)

Note from Christina Masewicz:
The Court Reporter's misspelling of Graebner was corrected to read Grebner in the above transcript.

 

 

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