NC - MacDonald family murders at Fort Bragg, 1970 - Jeffrey MacDonald innocent?

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In essence, there are currently two issues that have yet to be decided.

1) The 4th Circuit Court has to decide whether to grant the defense a COA regarding Judge Fox's decision on the "evidence as a whole."

2) This same court has to decide whether to grant inmate additional DNA testing.

IMO, the 4th Circuit will grant inmate a COA, but will eventually concur with Judge Fox's decision to deny inmate relief. Unfortunately, I think they allow additional DNA tests, but the testing will not result in a new trial. The 4th Circuit, however, will again waste taxpayer money and this case will not be resolved for another 2 years.

http://www.macdonaldcasefacts.com
 
This is so ridiculous. The baby killer has somehow turned himself into a sympathetic character to a lot of people with his fairy tale about the killer hippies and TV shows like 48 hours play right into it.

I wish the SOB would just die already.
 
CHLBAN: Ironically, the 4th Circuit Court, not inmate, is responsible for this case remaining alive. They could have ended this thing in 2009, but decided to give inmate yet another bite of the apple. Judge Fox followed the 4th Circuit's roadmap during the 2012 evidentiary hearing, so it's highly unlikely that inmate will ever be free of his concrete bunker.

http://www.macdonaldcasefacts.com
 
Such a shame Jeffrey MacDonald and Darlie Routier never met, they would have made a wicked psychopathic match made in narcissistic hell.

Scary just to think about such horror. Can you imagine their offspring?
Casey Anthony, Scott Peterson & Christian Longo just to name a few.

Please forgive me as my mind is beyond twisted tonight.

Give it up Jeffery. :denied:
There is only one way your leaving the pokey, and it involves a pine box with dirt on top. Lots of dirt.
 
Rachael said:
Give me a break. He is completely guilty. I have read this book also. There is no way hippies came into his house and killed his wife and kids and not him. Just like Darlie Router..we are supposed to believe all of these intruders came into their houses and killed innocent (I believe sleeping) children and left the parents alive.
Click to expand...

Remember the magazine found on his coffee table with an article about the Manson murders and "hippies" Macdonald is a classic narcissist and during the time he was out while on appeal... he showed his true nature.
 
AlyCain said:
Remember the magazine found on his coffee table with an article about the Manson murders and "hippies" Macdonald is a classic narcissist and during the time he was out while on appeal... he showed his true nature.
Click to expand...

Right on Aly, right on. We don't hear much about the magazine now, do we, and about the staged living room where the potted plant is spared.
Tisk, tisk Jeffrey. I guess he was too busy finger painting on the wall in blood and forgot all about kicking things about the place.
 
Despite 45 years of data that contradicts most of the claims leveled in his 13 page sur-reply, inmate's ego knows no bounds. He is basically pleading with the court to ignore court procedures/mandates and rule on the basis of, ahem, morality. He doesn't challenge the FACT that his request for additional DNA tests is untimely, and his points of emphasis are both dubious and grandiose.

- Inmate was not severally injured when MP's arrived at the crime scene

- Inmate never risked his life saving a patient in an ER setting

- The government did not argue that the presence of all 3 unsourced hairs was the result of contamination

- The FACT is that the government argued that the presence of an unsourced hair found in Kristen's fingernail scrapings was the result of contamination

- Contrary to inmate's assertion that this hair had a bloody root, defense attorney Gordon Widenhouse admitted at the 2012 evidentiary hearing that NONE of the 3 unsourced hairs were bloody

- Most of inmate's quotations (e.g., Judge Dupree, Judge Fox, John Bruce, 4th Circuit Court) lack context

- Judge Fox determined that the unsourced hair evidence was not exculpatory

http://www.macdonaldcasefacts.com
 
Kathryn just doesn't get it.

http://www.crimearchives.net/1979_ma...543-doc048.pdf

She has completed the trifecta. This includes ignoring a court order (e.g., inmate signing the reply brief), presenting exhibits (e.g., articles and books) that are not a part of the legal record, and presenting arguments that have no bearing on the issues (e.g., whether request for additional DNA tests was untimely, would no additional tests result in a "manifest injustice") currently before the 4th Circuit Court.

http://www.macdonaldcasefacts.com
 
And yet the 4th Circuit Court has humored her by allowing the briefs, allowing them to be submitted late, etc., etc.
 
Murtagh21 said:
Joey Z filed the informal brief on time. Yup, you heard me right.

http://www.crimearchives.net/1979_ma...136-doc011.pdf

IMO, this brief was simply a rehash of prior defense arguments and that simply isn't going to cut it. The 4th Circuit Court basically gave Judge Fox the responsibility of deciding on the merits of the DNA/Britt claims in conjunction with the "evidence as a whole." Judge Fox did just that, yet Joey Z simply argues that Judge Fox's conclusions are wrong.

Joey Z provided a few examples of decisions that were overturned due to similar evidentiary arguments, but the cited cases didn't contain one-tenth of the evidence presented by the prosecution at the 1979 trial. Joey Z attempts to combat that FACT by repeating several times over that the prosecution's case at trial was "weak." Ah, no. The prosecution presented over 1,000 evidentiary items and that was only about 60 percent of their case file.

Joey Z's opinion about the strength of the prosecution's case is meaningless. The only opinions that matter are Judge Fox's and the jurors who convicted inmate in less than 7 hours. Joey Z was able to keep the case alive by convincing the 4th Circuit that Judge Fox should have ruled on the merits of the DNA/Britt claims using the 2255 as opposed to the 2244.

He no longer has that legal hammer to wield, so he simply regurgitates prior defense arguments. It's important to note that past appellate courts have called these arguments "specious." Judge Fox based his decisions on the 2255 (e.g., evidence as a whole) and determined that the evidence didn't raise to the level of vacating inmate's conviction or granting him a new trial.

The government will AGAIN destroy another defense brief and hopefully, the 4th Circuit Court will end this legal circus once and for all.

http://www.macdonaldcasefacts.com
Click to expand...

The PDF file above does not work above, but I did find it online elsewhere. Nothing really new from what I am reading that has not been referenced before. Some names about some new witnesses on each side that I did not know before. However, nothing new that would warrant a new trial. I remember Jim Blackburn saying, "The fact that the defense may have a piece of hair, or a piece of skin, or an fragment of clothing that doesn't match, dosn't take away from the overwhelming prosecution evidence that does match."

The defense is trying to split microscopic hairs and fibers, that show that there might have been crime scene contamination. However, there's not enough there to create reasonable doubt as to McDonald's guilt. DNA tests on appeal never showed the presence of Helana Stockley or her friends in the apartment that night. If McDonald were actually innocent, one of more or those "hippies" would have been severely injured or killed in the alleged fight with McDonald. Helena's blood, Mitchell's blood would be in that apartment, there blood was not found there.

I think the only thing that Defense shows is that the crime scene was not properly preserved. I always go back to that overturned coffee table photo in Fatal Vision. It would not be possible for four or more people to fight in that tiny living room space between the table and the couch and nothing but the table is overturned on a pile of neatly stacked newspapers or magazines. No intruders could have "fought" in such a small space, nor even gone through the McDonald house in such an organized fashion. These people did all of this in a darkened room? Helena could not have had a lighted candle, unless she got it from inside the house, or lit the candle inside the house. The wick from the candle would be wet because it was raining outside at the time.

It was much too dark in that living room for McDonald to describe these people in such detail. He needed glasses to read, or drive. We know that the MP's arrived to a darkened house with no lights on as I recall. This could show that McDonald lied about trying to save his family. Who would try to save their own family who had been "attacked by assailants" and would not even turn on a light to see the extent of their injuries? (In Collette's and the children's bedrooms?) McDonald even said he never turned on the light.

Fred Kassab said that McDonald told him that only the hall light was on at the time of the "attack." But when Freddy investigated the crime scene with the MP, showing that the evidence did not match what McDonald had said, even with the hall light on, he could not identify them. Nothing new.

Satch
 
SATCH: Inmate's current argument is that the blood evidence opens the door for thousands of intruder suspects. This is the basis for his request for additional DNA tests, but his wife's response brief deliberately ignores two main issues. Those issues include whether the request is untimely and whether the lack of additional DNA tests would result in a "manifest injustice." The government argued that the defense could have requested DNA testing of the blood evidence in 1997 and 1999, but decided not to because they realized that such tests would further strengthen the prosecution's case at the 1979 trial.

Setting aside issues regarding blood typing and DNA tests, common sense dictates that inmate's arguments are stalling tactics meant to irritate the government and the Stevenson family. In 1970, inmate admitted to CID investigators that he did not draw blood from any of the mythical hippie home invaders, so his claim that some of the blood stains were from intruders is preposterous. Inmate knows that the source of the Type A blood deposits was Colette, he was the source of the Type B blood deposits, and his children were the sources of the Type AB and Type O blood.

http://www.macdonaldcasefacts.com
 
The 4th Circuit is certainly taking their sweet time on the issues at hand. I don't know if that bodes well for inmate or that the 4th Circuit is constructing the final nail in MacDonald's legal coffin. The first order of business is to decide whether inmate is granted a COA on the 2255. If they grant a COA, the government would then file a response brief, and Joey Z would then file a sur-reply.

IMO, inmate has a FAR better shot at obtaining additional DNA testing. In terms of the 2255, Judge Fox followed the 4th Circuit's roadmap. Briefs were filed, he ordered an evidentiary hearing, and he put forth two decisions that were in excess of 200 pages. Judge Fox considered the "evidence as a whole" and decided that inmate did not meet the "daunting" burden required for relief or a new trial.

http://www.macdonaldcasefacts.com
 
BUNNY: Thanks for the update. Miracles never cease. I was convinced that the 4th Circuit would deny inmate's motion for relief in regards to the 2255, but was equally convinced that they would grant him additional DNA tests. Fortunately, they stuck to the law (e.g., inmate's IPA motion was untimely) rather than give credence to inmate's pleadings. If they follow the same path with the 2255, inmate will be denied relief and it will finally be over.

http://www.macdonaldcasefacts.com
 
The beauty of the 4th Circuit's 2011 remand is that they provided Judge Fox with the responsibility of deciding the merits of inmate's claims. They did not order an evidentiary hearing, but Judge Fox was determined to be proactive. At the 2012 evidentiary hearing, he allowed the kitchen sink and everything in it. He subsequently put forth not one, but two decisions on the merits of this case. Inmate's response was a mixture of hyperbole, distortion of the case record, and arguing that Judge Fox should have placed value on hearsay testimony. In my opinion, inmate has little chance of receiving a favorable decision from the 4th Circuit Court on the "evidence as a whole."

http://www.macdonaldcasefacts.com
 
Aleph said:
I admire Errol Morris, but I will always be astonished that he thought that MacDonald might be innocent.


Sent from my iPhone using Tapatalk
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Well hey, Martin Sheen is now going to do a documentary that OJ is innocent, another person who has lost their mind!
 
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