Fatal Vision (46 page)

I must say, your apparent faith in Army investigators is puzzling, to say the least, when it is apparent to even the most casual observer that 1) usually they are incompetent if not criminal in nature, and 2) if not incompetent they are carefully picked to follow the Army line.

This is true in
every
case currently in the public eye, just as it was in our case. They are either incredibly inept or they are out to protect the Army. I have come to my final decision in this matter—to believe anything else is sheer refusal to face facts.

I
am
sorry I didn't call or see you this last visit. I truly tried, but every time I tried to leave my mother's apt. some other idiot would arrive. I didn't call because I felt you would be annoyed/hurt, if I called but didn't have time to come over.

If you want me to be blatantly honest, another reason I have hesitated seeing you more frequently is because I live/relive/re-relive the case day & night. I have to consciously try to think of other things to maintain my sanity. At times, free time is almost worse than being guarded in my room—in my room I would bitch more directly about the Army, but free I run around in circles, always thinking of the case & trying to do several things at once.

I find being with you and Mildred, as the most direct links to Colette, the most painful experience I have except reviewing my pictures & slides. It destroys me for several days and I've found it better to keep my own defenses up by being alone.

I cannot
discuss
Colette & Kim & Kris easily or well because they were everything to me, and when I am with you I find myself trying to do that. Do you see what I am trying to say?

As for the FBI & Army, that is an absolute lie that I haven't asked for information. I have been turned down on numerous occasions by both the FBI/CID (including those investigators you liked so well last spring) and Justice Dept. for
any
info on the case.

It is obvious the only way for justice to be met is for me to do it. I am doing it, having been doing it (4 trips to N.C. & Florida in last three months) and will continue to do it as long as my strength holds up (broken hand last trip, $2,000 spent).

The only legit help I foresee is private eye type, most of which I have found is no more competent than local cops. My next major goal is a large sum of money (via an advance from a publisher for this purpose). The first chapter of my book has been written, the outline is done, and still we are only dickering with publishers. They just won't come across fast.

I
would like
to push the whole thing behind me—wouldn't anyone? I'd give anything to wake up and find it all a bad dream and have my life & house filled again with Colette, Kim & Kristy.

The only difference between you and I is that I don't think you see the fact that justice will not bring back my family. I want revenge, preferably brutal revenge—I don't care about justice any more. There is no justice, in case you haven't noticed. You act as though you are on a noble cause. I think the cause is ugly, brutal, but necessary. I will do it—I have done some (one-fourth or one-fifth of it). Don't try to bullshit me about not caring. Our aim is the same—don't let frustration drive you down. I have been so frustrated at times in the last year you wouldn't believe it.

I'm sorry if this letter is too honest—just remember it
is honest.
I care not for people's feelings any more. If and when revenge becomes complete, I foresee such pain at the full realization that it was all useless because my 3 girls are not back that life will not be worthwhile. Meanwhile, try to remember the loss is, for me, at least as great as your loss.

The Kassabs had not seen Jeffrey MacDonald's mother since April of 1971 when she had come by their house to deliver some slides of Colette and the children which they had requested, and to tell them that Jeff was no longer able to visit the cemetery: it was simply too upsetting for him.

Early on the evening of February 15, 1972, however, she paid them a surprise visit. She brought with her a small floral arrangement and said she had just heard that Mildred had undergone surgery.

"She was her usual buoyant, bouncy self," Mildred would later recall. "You know, 'Hey, kid, how are you? You're looking great!' That sort of thing. Actually, I looked pretty horrible at the time."

The Kassabs offered her a drink, which she accepted. Then Freddy found himself unable to contain his true feelings. He felt compelled, as he put it later, "to give her a few facts of life."

For the next two hours, Kassab explained, in explicit and extensive detail, what it was he had become convinced of and what it was that had led him to his conclusion—the conclusion being that Dorothy MacDonald's son had murdered his own wife and children.

"She didn't say a word," Kassab recalled later. "Not one word. For two hours she just sat there in silence with that one drink in front of her. She didn't get mad, she didn't get angry, she didn't dispute anything I said—and believe me, I said it all—she just sat there. When I had finished she stood up and said, 'Well, I think I'll go home.' That was it. That was the last time we ever spoke to her."

Months later—it was in fact in early summer—the Kassabs found notes on the graves of Colette, Kimberly, and Kristen. The notes were in the handwriting of Dorothy MacDonald. They said:

Dearest Colette—You were every inch a woman. God forgive me for not telling you this but I always respected you. All my love, Mom.

Dearest Kim—You were more precious to me than life itself. God keep you from any more pain. I love you, Nana.

Dearest Kristy—You were always the toughie. May your spirit endure. Love you, Nana.

The Kassabs turned the notes over to Pruett and Kearns. Eventually, Dorothy MacDonald moved to Southern California, where she bought a small house only ten minutes from her son's condominium.

Having pursued leads in 32 states, Vietnam, Okinawa, Germany, the Canal Zone, and Puerto Rico, and having conducted dozens of new tests at the crime scene, and having obtained and analyzed 34 additional laboratory reports, and having interviewed 699 people, and having obtained sworn statements from 151, and having administered polygraph tests to everyone whose testimony was considered directly relevant—except Jeffrey MacDonald, who refused to undergo such an examination—Colonel Pruett's reinvestigation team completed its inquiry into the MacDonald murders on December 6, 1971.

In early 1972, as CID agent Kearns worked on a report of the reinvestigation designed for submission to the Justice Department, other members of his organization kept Jeffrey MacDonald under surveillance.

A report filed on January 17 stated that "MacDonald enjoys the reputation of being a very professional doctor. He is constantly observed with latest medical journals and other associated literature, apparently for purposes of keeping abreast of all latest medical findings and techniques. His professional attitude toward his patients, both adult and minors, is above reproach.

"MacDonald is a conservatively 'mod' dresser. Although he has attended a few known social gatherings with a female acquaintance, he has not given any indication of being seriously involved with any particular woman. He is considered a moderate drinker and not a real 'swinger.'

"MacDonald has indicated he is interested in outdoor sports, fishing, hunting, skin diving, and strenuous body contact sports such as football.

"The apartment occupied by MacDonald is located in an exclusive area of Huntington Beach. Due to the covert nature of the surveillance, no direct inquiry could be made as to the monthly rental. The physical layout of the condominium is such that a surveillance of the apartment occupied by MacDonald is impossible without renting or otherwise occupying an adjoining apartment.

"Efforts to establish credit rating and bank account balance were halted when it was learned that recent court rulings in the state of California require that the individual concerned will be

notified when an investigative agency has made an inquiry, and the agency must be identified to the concerned individual.

"In accordance with original instructions, no direct inquiries were made. The major portion of information obtained was the result of indirect inquiry made through various police agencies in this area. This was done to prevent insofar as possible revealing the US Army CID's interest in MacDonald's activities since his arrival in this area, and to preclude any publicity which might reflect unfavorably on the US Army."

On June 1, 1972, the 3,000-page CID reinvestigation report was delivered to the Department of Justice. Its conclusions were that all evidence compiled pointed clearly toward the guilt of Jeffrey MacDonald.

For thirty days, a group of Justice Department attorneys reviewed the report. It was then sent to Warren H. Coolidge, U.S. Attorney for the Eastern District of North Carolina. In early August, Freddy Kassab called Coolidge to inquire about the status of the prosecution. He did not tape the telephone call, but was sufficiently disturbed by Coolidge's attitude to write to him on August 9.

Since our phone conversation on Monday, I have been quite worried that you would decide not to proceed with the MacDonald case.

It has always been my impression that everyone connected with the case, both in the Army and the Justice Dept., was firmly convinced that Jeff MacDonald was guilty, including yourself. I do not understand what has been deducted from the case in the last two years. My understanding is that evidence (circumstantial as it may be) has been added.

I feel that I must be frank and straightforward with you and tell you of my plans should you decide not to proceed with the case. I intend to swear out a complaint against Jeff and have a Federal judge issue a warrant for his arrest, charging three counts of murder.

Our lives (my wife's and mine) ended on the day that our daughter and grandchildren were murdered and neither of us would allow the man we think committed the crime to walk around free. That would be asking too much of us.

The most important factor in this case is that everyone who has looked at it is firmly convinced that Jeff is guilty. Therefore, regardless of the outcome, the case must come to trial.

On September 8, however, Coolidge notified the Justice Department that having completed his consideration of the CID report, he had decided not to recommend prosecution. (There had been too many mistakes made in the original investigation; the evidence, much stronger now than it had been at the Article 32 hearing, remained circumstantial; the chances for obtaining a conviction appeared too slim to justify the effort and expense of proceeding.) The MacDonald file was returned to Washington.

On September 25, Kassab wrote to Assistant Attorney General Henry Petersen asking what future action was intended, and requesting a meeting. On October 6, he was notified by Carl W. Belcher, chief of the general crimes section of the Justice Department, that while the department intended to "thoroughly review this entire record in an effort to arrive at a proper prosecutive judgement thereon," it was felt that a meeting with Kassab would serve no useful purpose.

On October 14, Kassab responded with a passionate argument for prosecution which he concluded by saying:

My wife and I have only one purpose in life and that is to see a successful prosecution. . . .

No one has studied this case as much as I have. I live with it night and day. No one
was
as convinced of MacDonald's innocence as I until I read the transcript of the pretrial hearing. . . . After two years and eight months of investigation and reviews we don't think we are being unreasonable in wanting that the case now go forward. This is what we want done, what must be done, and the guilty party punished.

On October 25, Kassab wrote to inform Belcher that he had conducted interviews with four people in Patchogue in regard to Jeffrey MacDonald's extramarital involvement with Penny Wells and that he had forwarded tapes of those interviews to the CID in Washington. "The material," he wrote, "although not startling in nature, shows that there is a definite basis for this particular lead and does add considerable information."

Belcher replied on November 7 that, "we share your concern over this matter and it is receiving the special attention here that all agree it merits."

On December 4, Kassab wrote again to Henry Petersen, this time, after noting the continued lack of action, stating that if the Justice Department refused to resolve the case the Kassabs would go to the media and "expose the whole sordid story."

The Kassabs did not receive an immediate reply, but they did receive a Christmas card from Jeffrey MacDonald. The printed message said:

It is a time

for memories and nostalgia a time for being touched by that spirit of love that is above us all