(L-R) Defense attorneys Dennis Eisman and Bernard Segal after the altercation of MacDonald being taken into custody to secure hair samples from his person
On July 20, 1970, on the elegant, tree-lined and flower-bedecked "Colonel's Row," MacDonald's car was stopped and he was taken into custody for the purpose of obtaining hair samples. MacDonald and his attorneys knew that the army wanted to take hair samples and they had tried several
times. The defense kept stalling.
MacDonald contends that he was waiting for his commanding officer to give him the order, and that when that happened, he would cooperate and provide the hair samples.
MacDonald and Segal knew what was going to happen, and, not averse to publicity, Segal arranged for news reporters to be present.
MacDonald and his driver—who was at the wheel of MacDonald's 1965 two-door white Chevrolet convertible (this car was given to Colette by her aunt) were both in the front seat; Segal and Dennis Eisman were in the back seat. They were en route to MacDonald's BOQ. Arriving there, they noted that there were more guards than usual. Apparently realizing that this meant they were there to take MacDonald into protective custody for removal of the hair samples, the MacDonald team continued on instead of stopping, saying they had decided to go for coffee. This of course gave
the MPs and CID agents no choice but to follow them, forcing the car to stop in order to carry out their orders.
When MacDonald's car stopped, Captain Chase approached MacDonald car. Segal and Eisman got out of the car, telling MacDonald and his driver to remain in the car and do nothing. Segal
was irate and indignant, and both Segal and Eisman were attempting to block anyone
from getting to MacDonald's car.
They were both asked nicely to step aside and told that Captain MacDonald was to be taken into protective custody for the purpose of removal of hair samples. Segal and Eisman would not move, so Captain Chase nodded to a CID agent who then moved Eisman aside, again telling MacDonald they were taking him into protective custody. MacDonald got out of the car. No one touched him. He was not kidnapped, grabbed or dragged to the car; he walked of his own free will. Suddenly, as he entered the sedan, he kicked the CID agent, the blow landing in what CID agent Peter Kearns described as "a far more sensitive area" than a knee or leg.
Eisman claimed he had an bad neck from a previous injury and that his neck was
re injured severely. Segal supposedly went into shock.