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[“Jeffrey Robert MacDonald (born October 12, 1943) is an American convicted in 1979 for the murders of his pregnant wife and two daughters in February 1970. At the time of the murders, MacDonald was a U.S. Army officer (Special Forces Green Beret), medical doctor, and practicing physician. MacDonald maintains that a group of Charles Manson-type hippies committed the crimes and has filed several unsuccessful appeals attempting to overturn his convictions.” -Wikipedia1)

Other forms of this document are poor photocopies of the original. I'm providing it here for those who wish to have a simple text version. One example of the poor quality of available copies can be found here.2) -ed]

AFFIDAVIT OF JIMMY B. BRITT

NORTH CAROLINA

WAKE COUNTY

I, Jimmy B. Britt, of _, affirm that the following statements are true and accurate to the best of my recollection.

1. I began my career in law enforcement in February of 19060 with the Smithfield Police Department, and remained with them for four years.

2. In 1964 I was appointed by the County Commissioners and the Johnston County ABC Board as one of the first ABC officers for Johnston County. I remained with the Johnston County ABC Board for fourteen months.

3. After leaving service with the County, I then worked as an officer for the State ALE Office for approximately two-and-a-half years.

4. In February, 1968, I began full time service as a Deputy United States Marshal for the United States Marshal’s Service. I remained with the Marshal’s Service in the Eastern District of North Carolina for 18 years, performing the full scope of duties attached to the Marshal position. I was selected to go to the Federal Law Enforcement Training Center where I was an instructor for two years. I was reassigned to Raleigh, North Carolina to serve as Supervisor of Operations. For 18 of the 22 years of my tenure, I worked in several Federal District Courts throughout the United States, including North Carolina. I also had three years of military service. I performed 25 years of federal government service (including military service) in good standing, and retired November 30, 1990.

5. After retiring from the U.S. Marshal’s service, I worked at the Johnston County Sheriff’s office as the Jail Administrator. I worked there for six years and retired completely in September of 1996. In total, I have served nearly 40 years in law enforcement.

6. I was one of the United States Marshal’s [sic] assigned to the proceedings of the trial of Jeffrey MacDonald in 1979.

7. In the summer of 2004, I took a trip with my friends, Lee Tart and Cecil Goins. Mr. Tart is a retired inspector with the United States Marshal’s Service (30 years of service) and Mr. Goins is a retired Deputy United States Marshal who is now the Sergeant-at-Arms at the North Carolina Senate. During the trip, I shared a moral burden with Mr. Goins, one that I had shared previously with Mr. Tart. On the trip, I talked to both men about my being privy to some events that happened at the MacDonald trial. I also told them of the many years I had been carrying this moral burden, and how deeply it still troubled me.

8. Sharing my information and its effect on me with Mr. Goins and Mr. Tart did not ease my mind for long.

9. In January of 2005, I first contacted Mr. Wade Smith, Esq., of my own accord, and told him I would like to meet with him regarding the Jeffrey MacDonald trial.

10. I did not come forward previously with the information I shared with Mr. Smith, and which I now share with the court, out of respect for the late Judge Franklin Dupree, who presided over the trial, and others who were with the courts at the time of the MacDonald trial. Working on the side of law enforcement in the courthouse was my career. I did not want to betray, or appear to be betraying, the people I worked with and respected. I considered myself a loyal officer of the court and I still do, but ultimately I decided that I had a duty to come forward.

11. What I shared with Mr. Smith is that during the Jeffrey MacDonald trial, in my capacity as a United States Marshal, assigned to the District Court where MacDonald was tried, I was assigned to travel to Greenville, South Carolina to assume custody of a witness by the name of Helena Stoeckley. I picked Ms. Stoeckley up at the County Jail in Greenville, South Carolina and drove her back to Raleigh.

12. In the course of my law enforcement career I have learned to identify persons who appear to be under the influence of alcohol or drugs. At no time, when Ms. Stoeckley was in my presence, did she appear to be under the influence of alcohol or drugs.

13. Ms. Jerry Holden, an administrative person in the United States Marshal’s Office in Raleigh, accompanied me on the trip back to Raleigh with the witness. Ms. Holden is now deceased.

14. It was clear that Ms. Stoeckly knew she was being brought to Raleigh in connection with the MacDonald trial.

15. During the course of the travel from Greenville, South Carolina to Raleigh, without any prompting from me whatsoever, Ms. Stoeckley brought up the matter of the trial of MacDonald. She told me, in the presence of Jerry Holden, about a hobby horse in the MacDonald home, and that she, in fact, along with others, was in Jeffrey MacDonald’s home on the night of the MacDonald murders.

16. I knew at the time that what Ms. Stoeckley had said was very important, and it was something I was not about to forget. I remember her words clearly, and they are among the most important words I’ve ever heard in my life in connection with any case of any of my official work.

17. I was the United States Marshal assigned to bring Helena Stoeckley to the Courthouse at 310 New Bern Avenue, Raleigh, North Carolina, the day after she made the statements to me in the car.

18. At the Courthouse, I first took Ms. Stoeckley to the office that was used by Jeffrey MacDonald’s attorneys on the seventh floor of the Federal Building. I left her there with Mr. Smith and Mr. Bernard Segal. When the layers were finished, I escorted Ms. Stoeckley to the eighth floor to the U.S. Attorney’s office.

19. I knew the Mr. James Blacburn was one of the government attorneys trying Jeffrey MacDonald. I had seen Mr. Blackburn many times before. I also was aware of, and saw, Mr. Brian Murtagh and Mr. George Anderson during the course of the trial.

20. When I delivered Helena Stoeckley to the U.S. Attorney’s office, Mr. Blackburn asked me to remain in the room. This was not an unusual occurrence – I had been asked to sit in the room by government attorneys many times in my career.

21. As I recall, Mr. Blackburn sat behind a desk that was set at an angle in the northeast corner of the office. There were several chairs positioned in front of the desk. Helena Stoeckley sat in the center chair in front of the desk and I sat over to the side next to the window.

22. After Ms. Stoeckley was settled in the room, Mr. Blackburn began to interview her. Ms. Stoeckley told Mr. Blackburn the same things she had stated to me on the trip from Greenville to Raleigh. She specifically mentioned the hobbyhorse and various other things, and specifically told Mr. Blackburn that she, along with others, had been inside Jeffrey MacDonald’s home on the night of the murders. She also said that she had gone to the MacDonald house to acquire drugs.

23. When these statements were made, I was absolutely aware of the importance of Ms. Stoeckley’s words to Mr. Blackburn. There is no doubt in my mind today, I am still absolutely certain, that Helena Stoeckley told James Blackburn that she was in the MacDonald house on the night of the MacDonald murders, with other people.

24. After Helena Stoeckley had given the history of her visit to Jeffrey MacDonald’s home, Mr. Blackburn stated: “If you testify before the just as to what you have told me or said to me I this office, I will indict your for murder.”

25. The importance of Mr. Blackburn’s words was not lost on me at the time, and never has been. I have no doubt that this is what Mr. Blackburn said to Helena Stoeckley in my presence.

26. I am not certain as to whether other attorneys besides Mr. Blackburn were in the room during the Stoeckley interview. It is possible George Anderson, the United States Attorney at the time, and/or Brian Murtagh, the other government prosecutor, or others associated with the prosecution were there, either when I entered the room with Ms. Stoeckley, or after I entered with her. They may have come in and left at some point, taken a break, or gone out of the room. I have a recollection of Ms. Stoeckley asking for a sandwich during the interview, and someone other than myself going to see about it. But my clear recollection is that only Mr. Blackburn, Ms. Stoeckley and I were in the room at the time Mr. Blackburn said these words to Ms. Stoeckley.

27. Upon conclusion of the interview, I took Helena Stoeckley from the eighth floor by stairway down to the seventh floor, and took her into the Courtroom.

28. These events have remained with me. The interview with Mr. Blackburn and other conduct by representatives of the government which I felt was unethical all have moved me to take this action.

29. I do not have a personal or social relationship with Mr. Wade Smith, Mr. Tim Junkin, Mr. Bernard Segal, Mr. James Blackburn, Mr. Brian Murtagh, Mr. George Anderson, the late Judge Dupree, or any other officials or attorneys who were/are directly involved in the MacDonald case. After my initial meeting with Mr. Smith, I met again with him and Mr. Junkin, and was asked about pertinent parts of the MacDonald trial testimony, in which Mr. Blackburn stated in court that Helena Stoeckley had told him she had not been in the MacDonald house. I told Mr. Smith and Mr. Junkin that such testimony by Ms. Stoeckley before Judge Dupree was contrary to what she said to Mr. Blackburn in my presence.

30. Subsequently, Mr. Smith suggested that I submit to a polygraph examination regarding the events and conversations I witnessed, as outlined in this sworn affidavit, and I agreed. The polygraph, which I passed.

31. I am current 67 years of age and felt compelled to clear my conscience and come forward with what I witnessed, as I decided I could not shoulder the burden any longer.

32. I came forward to Mr. Wade M. Smith of my own free will and accord. I have not been promised any compensation nor have I received any compensation.

  • [signed]
  • Jimmy B. Britt
  • Sworn and subscribed to before me this [3rd] day of [November] 2005.
  • Notary Public
  • My Commission Expires: [9-4-2006]
  • 0194089

Crime


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