March 12, 1974: Open letter from Freddy Kassab to U. S. House
and Senate Committees on the Judiciary with attachment
From the files of Freddy Kassab
Note: Translation of the document following the scanned copy and attachment
February 25, 1974: Letter from Freddy Kassab to U.S. Attorney General William Saxbe
Note: Translation of the above document as I read it to be
(Spelling, punctuation and grammar preserved)
On February 17, 1970, my daughter Mrs. Colette MacDonald, and her two daughters ages 2 and 5 were brutally murdered on the Federal Reservation of Fort Bragg, N.C.
Since that day the mishandling of the case has been unbelievable.
At my request in December of 1970 the House and Senate Armed Services Committees asked the Department of Defense to conduct a complete new inquiry into the murders. This was done by the Criminal Investigation Division of the U.S. Army. It is a documented fact that the F.B.I. has repeatedly refused to participate in this investigation, even though the one and only suspect is a civilian and the crimes came under their jurisdiction.
The Army investigation was completed in May of 1972, after 1½ years work. A brief of aprox. 10, 000 pages and 200 exhibits, was submitted to the U.S. Department of Justice on aprox. June 1, 1972 along with the recommendation for prosecution.
Since that day the case has been assigned to several groups of attorneys in the Justice Dept. A great deal of controversy was generated. Not on the questions of who committed the crimes or the certainty of an indictment, but on the percentage of chances of a conviction. This is due to the fact that the case is a circumstantial one.
It has been my argument with Mr. Peterson the Assistant Attorney General, that the Justice Dept. does not have the right to pre-judge a case. If there is "Propable Cause" they must
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proceed. It is my contention that far more evidence exists in the hands of the Justice Dept. than is needed for an indictment and prosecution. It is my understanding that every attorney in the Justice Dept. who has worked on this case, with the exception of two, agree with me. In spite of this, it is the Official position of the Justice Dept. that there is insufficient on which to proceed. I assume that the Official position of the Army will of necessity follow that of the Justice Dept. in order to prevent an open breach. However taken individually, those who have worked on this case will agree with me by a large majority, including the U.S. Attorney for the Eastern District of North Carolina, who reviewed this case and in July 1973 recommended prosecution.
You gentlemen can well ask, what possible motive could the Dept. of Justice have for not wanting to prosecute a triple murderer. It does not sound logical. My contention is that the trial would attract national attention in the media. The case is a circumstantial one and they feel they could loose, thereby making them look bad. Their claim is that they must have an 80% chance o conviction before they will proceed.
I could cite you hundreds of cases that have been successfully prosecuted on far less evidence than the Justice Dept. has in this case. Furthermore, in a descision on Rule 2, Title 18 of the U.S. Code, in Campbell v U.S. Mass. 1961. "Interest of the United States in Criminal prosecution is not that it hall win case but that Justice shall be done."
A miscarriage of justice and dereliction of duty has taken place in the Justice Dept. I consider it the duty of the Committee on the Judiciary, to inquire into this matter.
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Not the official position of the Justice Dept. should be investigated but the opinions of all the attorneys who were involved in this case.
I am in possession of enough facts to obtain an indictment, although what I possess is far short of the volumes of evidence in the possession of the Justice Dept. and the Army.
A "Criminal Complaint" is presently being prepared by my attorneys, which when finished I will sign and file with the U. S. Court in Raleigh, N. C., thus forcing this matter into the open.
I have three requests of the Committee:
1. That the Dept. of Justice be asked to reply to my accusations against them of not proceeding with a case, in which they have the necessary evidence.
2. That the Dept. of Justice be asked, why in spite of the fact that the one and only suspect in these murders is a civillian they insist on using the Criminal Investigation Division of the U.S. Army to do the investigating, when it is a fact that the Army does not have subpoena power, or the legal authority to interrogate and investigate civillians.
3. To ascertain on what legitimate grounds the F.B.I., has repeatedly refused to actively investigate a triple murder committed on a Federal Reservation, when the one and only suspect is a civillian.
Alfred G. Kassab
Attached is my last letter to the Attorney General on this matter