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FIERBERT LEON
MacDONELL
DIRECTOR
POST OFFICE BO
X 1111
CORNING, NEW
YORK 14a.SO
STATE of NE
W YORK )
COUNTY of ST
EUBEN ) ss
TOWN of COkN
ING
)
.
Herbert Leon
MacDonell,
being duly
sworn, desp
I reside on
oses and sa
Davis Road
ys:
in the town
I am Direct
ship of Corn
or of the La
in
bo
g, New York
of Criminai
ra
to
ry
of
.
Forensic Sc
istics at El
ience, Prof
mira Colleg
ing Lecturer
es
e, Elmira,
at Corning
New York, Vi sor
Community Co
Criminalist.
sitllege, and
As a forens
a Consulting
types of ph
ic scientis
ysical evid
t I have wo
en
rk
ce includin
A more deta
ed with many
g tool mark
iled accoun
s and firear
t of my back
sheet attatc
ms."
ground is gi
hed to this
ven in the
affidavit.
data
I have revi
ewed certai
n copies of
Mr. Bernard
transcripts
Fensterwald,
sent to me
portedly re
Jr., of Wash
by
lates to ev
ington, D.C.
id
en
case. The fo
which purce in the Dr
llowing comm
. Martin Lu
ther King,
ents are ma
and are dire
Jr.
de regardin
cted to the
g these copi
page number
es
s appearing
thereon:
page 69) ".
..prc.of wo
uld show th
rough expert
the markings
testimony th
machine mark on this sill were cons
at
is
ings as refl
ected on th tant with the
30.0, (sic) ri
e
ba
fl
rr
e
el
which has he
of the
duced to yo
retofore be
u gentlemen.
en intro"
Comment: Th
is statemen
t really do
evidence wh
es not offe
atsoever th
r any
at the mark
was made by
ing on the
any one spec
sill
ific weapon
suggest any
. It does no
individual
characterist
t
for comparis
ic
eon and, in
deed, I woul s are available
find any.
d not expect
I do not be
lieve a meta
to
produce suff
l barrel co
icent detail
uld
matching of
in wood to
allow a posi
the two surf
tive
true with ce
aces. While
rtain tools,
th
I can not im is is often
rifle barrel
agine how a
could leave
so difficU'
a characteri
it a surface
stic markin
as raw wood
"consistant
. The termin g in
with" could
ology
produced wi
probably ap
th almost an
pl
y other rifl y to markings
pipe, or tu
bing.
e
or
even rods,
It really sa
s
i gcific weap
ys nothing
on was used
to imply
/\„1
.
FY PUBLIC ST
ATE OF NEW
ALIFIED tr4
YORK.
STEUDEN CO
UNTY
O. :-7
0 7 a575
AN INDEPENDEN
T L.ABORATORT
—NR THE EXAM
IN
/4
ATION AND EVAL
UATION OF PHYS
ICAL EVIDENCE
.10.1.•••■•■•
page
96)
"The death slug was identical in all physical
characteristics with the five loaded 30.06 (sic)
Springfield cartridges found in the bag in front
of Canipc's."
Comment: A slug is the projectile portion of a
cartridge. No one with any knowledge of firearms
and ammunition would have made such an error as
is obvious in this statement. No slug could possibly be identical with a complete cartridge. An
error like this in a report is -inexcusable.
page 96)"That the death slug removed from the body contained
land and groove impressions and direction of twist
consistent with those that were in the barrel of
this rifle."
Comment: The terminology "consistent with" rather
than "identical to" reveals only a matching of class
characteristics and not individual characteristics.
This means that the land and groove impressions, etc.
are also consistent with all other rifles having the
same class characteristics. I believe there were
over one and one-half million.30-0S type weapons
produced prior to 1541. it could have been that the
death slug was fired in one of these, but from class
characteristics it is impossible to determine which
one.
page 97)
"...microscopic evidence in this dent was consistai,
in all ways with the same microscopic marks as appear
on the barrel of this rifle, 30.06 (sic) rifle."
Comment: As previously stated on the preceedino
page, I find this difficult to believe. I woult-:1 like
to examine the evidence as I can not believe wood is
capable of retaining an impression of a rifle barrel
in sufficient detail to permit a positive identifi'cation. Rifle barrels are relatively smooth and the
surface and character of wood does not permit the
microscopic detail to be reproduced that would be
necessary for forming an opinion that one barrel, to
the exclusion of all others, hod made a specific dent.
One point should be made regarding the dent in the window sill
as from all I reviewed it was made by and/or matched to the
rifle barrel.
It is my opinion that such a matching is not
possible, however, I should like to examine the evidence before
concluding that unusual circumstances might permit such a match
under conditions not made known to me. For example, if the
barrel means "front sight group" as well as "barrel" it may be
sufficient detail is available for detection of individual
characteristics. An examination of the evidence would disclose
this immediately.
(Le-,
Suzanne Aul tr.:4.
:OTARY PUCLIC STATE OF NEVV YOnK
QUAL1FIEO IN STCLI LiCNI
COUNTY
*.:.; NO. 51-707E1575
Commission expires March 30, 19 7,/.
a
-7e
Herbert Leon MacDonell
HERBERT LEON MACDONELL
Post Office Box 1111
Corning, New York 14830
• TELEPHONE
607-962-6581
TITLES
New York
Professor of Criminalistics, Elmira College, Elmira,
York
New
Corning,
Science,
Forensic
of
ry
Director, Laborato
Consulting Criminalist
y College, Corning, N.Y.
Special Lecturer in Criminalistics, Corning Communit
County, New York
Chemung
and
York
New
County,
Deputy Sheriff, Steuben
President, MacDonell Associates Incorporated
EDUCATION
1950
D.A., Chemistry, Alfred University, Alfred, New York,
, Rhode Island, 1956
M.S., Chemistry, University of Rhode Island, Kingston
Island
Additional Study in Criminalistics, University of Rhode
New York
Elmira,
College,
Elmira
ogy,
Criminol
in
Study
al
Addition
Police
Additional Study in Police Science, Pennsylvania State
Municipal Police
Additional Study in Police Science, New York State
Council
Training
EXPERIENCE
Milton, •
Professor and Chemistry Department Head, Milton College,
Wisconsin, 1951-1954
ry, Kingston,
Forensic Scientist, Rhode Island State Crime Laborato
Rhode Island, 1951.-i956
ry, Philadelphia,
Analytical Research Chemist, DuPont Marshall Laborato
Pennsylvania, 1956-1957
Corning, New York,
Analytical Ri,ser.rch Chemist, Corning Glass Works,
1957- 1972
Consulting Criminalist, since 1958
Corning, New York,
Instructor in Police Science, Corning Community College,
1960-1967, 1972New York, since 1972
Professor of Criminalistics, Elmira College, Elmira,
PATENTS
Chromatographic Separation Process
3,114,692
3,132,06 - MAGNA Grush Fingerprint Development Method
lc:line-Porous Glass Fingerprint Development Method
3,219,469
Method for Electrophoretic Separation
3,340,171
CASES INVESTIGATED
Prosecution
Private
Defense
Security
Insurance
-414—
HERBERT LEON MACDONELL
2
MEMBERSHIPS
American Association for the Advancement of Science
American Academy of Forensic Sciences (Fellow) (Past Chairman,
Criminalistics
Section) (Past Secretary, Criminalistics Section)
American Chemical Society (Past Chairman, Symposium on Forensic
Chemistry)
Canadian Society of Forensic Science
international Association for Identification (Chairman, Science
and
Practice Committee) (Member, Standardization Committee on Friction
Ridge
Identification)
Police-Law Society (Fellow) (Past President) (Past Secretary)
Sigma Xi
The Forensic Science Society (London, England)
PUBLICATIONS HAVE APPEARED IN:
American Trial Lay.yers Association Proceedings
Analytical Chemistry
Finger Print and Identification Magazine
Identification News
Journal of Criminal Law, Criminology, and Police Science
Journal of Gas Chromatography
Journal of Forensic Sciences
Law and Order
Law Enforcement S(ience and Technology, vol. 11
Legal Medicine Anlual
Nature
New York State Bureau of Criminal Investigation Bulletin
Police , .
Proceedings of the Canadian Society of Forensic Science
Scanning Electron Microscopy
United States Department of Justice (LEAA) Publication
EXPERT TESTIMONY HAS BEEN GIVEN ON:
Blood Alcohol B Breathalyzer
Chemistry
Fingerprint Identification
Firearms Identification
Microscopy
Photography
Questioned Documents
(excluding handwritiny)
Spatial Distribution of Blood Stains
■
1
1
that the homicide officers
comlnp; into this
2
area of the bathroo, inspectin
g the bathtub here (indicatinc), found
4
botton of the tub consiston
t with shoo or
scuff marks.
marks in the
5
6
The window, which is in lin
e, as I
7
Will indicato hero, thin
in tho window that's
reflected hero with the Lor
raine ►Motel
9
(indicatin,1). was open.
At the botton, from
the bottom, the screen was
pushed off and
10
11
was found down in thin area.
- here
12
(indicating).
13
The sill of thin window
in the bath-
14
room was observed by Insp.
Zachary to have
what appeared to be a fre
sh Indentation
in it. This pill was ord
ered removed, was
cut away, was subsequently
cent to the
15
16
17
18
F.B.I. for comparison, and
the proof would
19
shOw_through expert testim
ony that the
20
markings on this pill wor
e consistent with
the machine markings an ref
lected on the
barrel of the 30.06 rifle
which has heretoforo boon introduced to
you gentlemen.
21
22
23
24
In an effort to identify
any and all
69
•
1
Raines and found a thumb
print identical
2
with thu loft thumb print
of James Earl
3
Ray.
4
-Mr.
- Robert A. Pratier, the chiof,
5
firearms identification
unit at the F.3.1.,
with 27 yearn experience,
would testify
as to examination and fir
ing of thin rif?e,_
30.06, that has been her
etofore introduct.d.
6
7
8
9
Ho examined the cartridge
s, the hull
10
from the chamber of this
rifle, the slug
removed from the body of
Dr. Martin Luther
King, Jr., and would tes
tify as to his conelusions as follows:
11
12
13.
14
The death slug wae identi
cal in all
151
1
16
17
physical charactcrintics
with the five
;
181 ,
19 .
20
21
.
22
23
loaded 30.06 Springfield
cartridges found,
in the bag in front of
Canipc's. The cartridge case had in fact bee
n fired in this
30.06 rifle. That the dea
th alum, removed
from the body contained
land and procve
impressions and direction
of twist consistent with those that
were in the barrel
of this rifle.
24
That he nlao made microa
copic
96
compar5non Lotwrcn tho frcLi
%::w.:t In trio
2
sill or the window at the
bathroom
422 1/2
South gain, and concluded
that the micro-
3
4
ncopio ovidenco In thin don
t was connIntent
5
in all ways vit.) tho name
microscopic
6
marka au appvar on the bar
rel of this rifle,
7
30.06 rifle.
8
That hia o'4amination of the
243 caliber
Winchentcr riflc-, which had
boon purchased
on garch the 29th and return
ed on !!arch the
30th, was not capablo of cha
mbering or fir-
9
10
11
12 I
ing a slug. There wero certain
dopocits
13
on the end of the bolt whi
ch had to be
14
ohisolod away before this
gun was capable
15
of being fired. That le the gun
that was
returned.
• 16
Morris S. Clark would be cal
led as
18
another export from the 7.3
.1., with ref-
19 .1
crone° to hair and fiber exa
mination*, and
•
. • 20 ii
ho prepared microscopic sli
dou from this
21
green spread. He also made
examinations
22 41
of the pillow that was ron
ovod from 5-u,
23.r
the bed clothing removed fro
m 5-3, and he
found fibers of the isUMe typ
o as Is on this
24;;
•
r.
97