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

Discussion in 'Past Trial Discussion Threads' started by hockeymom, Nov 2, 2003.

  1. Bunny

    Bunny New Member

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    Of course you're right, JTF: it's more likely that Niblock wants the 2006 petition to try to help himself, rather than to help Mac. I think the fact that Niblock and Mac both have connections to Bastrop was what first got me started down what is probably the wrong road in my thought process. From there, it was easy to start thinking of how cons sometimes play "jailhouse lawyer" and try to help one another, and how Mac's been desperate for help on more than one occasion, and how he likes to use people if he thinks they can be of help to him. I also never thought of Niblock getting self-help from anything Mac has filed in the past because Mac's attempts at getting freedom have all failed. So there you have it: a good example of starting down one path and sticking to it without seeing that there was another, easier path to follow. Mea culpa.
     
  2. Murtagh21

    Murtagh21 Former Member

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    In re-reading the 4th Circuit's 2011 remand to Judge Fox, inmate filed four 2255 petitions. The petitions were filed in 1984, 1990, 1997, and 2006.

    http://www.macdonaldcasefacts.com
     
  3. Bunny

    Bunny New Member

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    Once again, and again almost at the very last minute, MacDonald's attorney, William Palmer, has asked the 4th Circuit to grant yet another delay for filing his opening brief and appendix, regarding MacDonald's appeal which was opened last Oct. 22. This, despite the Court's repeated admonishments about not requesting further delays, and despite their saying outright in their last Order that no further delays would be granted.

    Palmer cites basically two reasons for the request: (1) that Mac intends to appeal Judge Fox's May 18 decision not to amend or alter his July 24, 2014 judgment, and Mac is "presently in the process of identifying who will be his appellate attorney and retaining that attorney," with whom Palmer wants to consult. And (2) an alleged serious illness of a family member.

    http://www.crimearchives.net/1979_macdonald/uploads/uploads.html
     
  4. Bunny

    Bunny New Member

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    The 4th Circuit has again granted an extension of time for MacDonald to file his opening brief and appendix, giving him until June 29 to do so:

    http://www.crimearchives.net/1979_macdonald/uploads/uploads.html

    I think a more appropriate title for Mac's latest request would have been "Request for indefinite delays." I also suspect that at the end of the day on June 29, the only thing we'll see from attorney Palmer is another request for another extension of time, which the 4th Circuit will probably again allow, since its own repeated admonishments that no further requests for delays will be granted seems to be meaningless.
     
  5. Murtagh21

    Murtagh21 Former Member

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    Big shock that the 4th Circuit is bending over backwards for inmate. Sarcasm? You betcha. This Court's decisions on the MacDonald Case have been a mixture of incompetence and political leanings. Judge Dupree, Judge Fox, and the 4th Circuit Court (e.g., 1982-2004) were always thorough in their decision-making process and it is important to note that a majority of those judges were conservative.

    In listening to the 2010 oral arguments session before the current 4th Circuit Court, it was clear that none of the 3 judges had knowledge of the basic facts of this case and only limited knowledge of prior decisions at the District Court and Circuit Court levels. Their 2011 decision to remand the case back to Judge Fox was single-minded (e.g., sole focus on the 2255) and allowed inmate to ignore basic procedure (e.g., not filing a PFA on the Britt/DNA issues). In addition, 2 of the 3 judges are Clinton appointees, and the political impact on this case was not lost on the unabashedly liberal Joe McGinniss.

    The bad news for this Court is that they provided Judge Fox with a roadmap to decide on the merits of the 2255 and Judge Fox followed it to a tee. He allowed the kitchen sink and the kitchen sink's cousins to be presented at the 2012 evidentiary hearing. On 7/24/14, Judge Fox denied inmate relief and despite the inclusion of the FBI hair report, he echoed that decision on 5/18/15. Judge Fox effectively covered the soft spot that this Court has had for inmate in the past decade.

    http://www.macdonaldcasefacts.com
     
  6. Murtagh21

    Murtagh21 Former Member

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    You've got two days to put up or shut up, Mr. Palmer. Frankly, I'll be shocked if you actually turn something in to the 4th Circuit Court. I know it's an uphill climb, but that's what happens when you represent a guilty client. One thousand evidentiary items don't lie, but your client is a master at it. Touch DNA away, dude. The test results would not help inmate one bit.

    http://www.macdonaldcasefacts.com
     
  7. BillyKunstlerFan

    BillyKunstlerFan Member

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    isn't it time to move on? You're nearing 70 now and have otherwise retired from the DOJ.
     
  8. Murtagh21

    Murtagh21 Former Member

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    BILLY: I'm under the assumption that your post is tongue and cheek. I'm no more Brian Murtagh than you are the late, great William Kunstler. My poster name on other MacDonald case discussion boards is JTF or Justthefacts, but I use Murtagh21 on this board because JTF/Justthefacts were unavailable. In terms of moving on, it is convicted murderer Jeffrey MacDonald, not Murtagh, who cannot move on. His recent filings are going nowhere. He knows it and Brian Murtagh knows it, so why is inmate continuing to file? The simple answer is that his lone mission in life is to tick off Murtagh, Bob Stevenson, and the DOJ.

    The irony is that Murtagh predicted inmate's current behavior back in 1983. Murtagh told Joe McGinniss that MacDonald would never give up and that he would file as many appeals as the law would allow. In addition, MacDonald spread his lies to any media member who would listen and he knew that his propaganda would take up valuable time from Freddy Kassab. He knew that Freddy would be compelled to respond to his lies and it probably brought a huge smile to the face of this serial fabricator.

    I was hoping that you would provide concrete reasons why MacDonald did not receive a fair trial. Considering that MacDonald has received more chances at a new trial than any murderer in history, I would bet your thought process would be a fascinating read.

    http://www.macdonaldcasefacts.com
     
  9. BillyKunstlerFan

    BillyKunstlerFan Member

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    I've posted on the JMDB before numerous times and I'm not going to advertise myself out there who I am but I will give you a hint: Pink Floyd.
     
  10. Bunny

    Bunny New Member

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  11. Bunny

    Bunny New Member

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    I won't comment on the discussion between you and JTF, but I will say: Pink Floyd, best band ever, imo. :)
     
  12. Murtagh21

    Murtagh21 Former Member

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    William, William, William. You NEVER intended to produce an actual brief to the 4th Circuit Court, did you? Seven requests for a delay and a bevy of excuses as to why you could not file on time. The fact of the matter is you simply did a solid for Kathryn by using your station as a means to further delay this process. IMO, the time you gave inmate to find a pro bono lawyer(s) to file appeals on the 2255/IPA is wasted time. Since October 2014, he has failed to find a lawyer willing to represent him and I don't think that is going to change anytime soon.

    http://www.macdonaldcasefacts.com
     
  13. Bunny

    Bunny New Member

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    Well said, JTF. I agree 100%.

    And now we know the 4th Circuit's response. They're allowing Palmer to withdraw as attorney, but also issued a new briefing order, stating that MacDonald's informal opening brief is due by July 24:

    http://www.crimearchives.net/1979_macdonald/uploads/uploads.html

    Methinks this appeal might ultimately be headed for dismissal, but we'll see. Maybe Mac will manage to pull a rabbit out of the hat once again, and find another "Palmer" who can request more delays for him. Time will tell.
     
  14. Murtagh21

    Murtagh21 Former Member

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    BUNNY: Thanks for posting the link. Palmer's withdrawal resulted in a legal mountain that inmate may not be able to climb. He now has to retain two separate lawyers to file appeals on two separate issues. An informal brief on the request for additional DNA Tests is due on 7/24/15, and it is highly unlikely that inmate has enough time to find a pro bono attorney who has enough knowledge of this massive case record to file a salient brief.

    In addition, it is ironic that on 7/24/14, Judge Fox denied MacDonald relief on the issue facing another unnamed lawyer. This pro bono lawyer has an almost impossible task in convincing the 4th Circuit Court to overturn the 7/24/14 AND 5/18/15 decisions by Judge Fox. Considering that Judge Fox followed the 4th Circuit's roadmap on the "evidence as a whole" to a tee, the only way the Circuit Court will overturn it is by visiting the local tavern and getting wasted on vodka tonics.

    http://www.macdonaldcasefacts.com
     
  15. Murtagh21

    Murtagh21 Former Member

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    Each time inmate is shot down by the District Court or the 4th Circuit Court, it is important to look back at the reasons why he is guilty beyond ALL doubt.

    - All of the sourced physical evidence points to Jeffrey MacDonald as the lone criminal agent in this case

    - This includes DNA, blood, fibers, bloody fabric/non-fabric impressions, fabric damage, weapons, and bloody footprints

    http://www.macdonaldcasefacts.com

    - Not a single evidentiary item was sourced to a known intruder suspect

    - The CID and FBI focused on 11 viable suspects which included "members" of the Stoeckley Group and the New York Four

    - All 11 suspects were cleared by various methods which includes DNA, polygraph examinations, alibis, and fingerprint/hair/fiber comparisons

    http://www.macdonaldcasefacts.com/html/suspects.html

    - The only person who refused to take a CID administered polygraph exam was Jeffrey MacDonald

    - During that time period, MacDonald took a defense-funded polygraph and he flunked the exam

    http://www.macdonaldcasefacts.com/html/polygraphs.html
     
  16. MissJ

    MissJ New Member

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    JM is guilty as he!!. However his narcissistic personality disorder will not ever allow him to give up the fight. Its who he is.
     
  17. Murtagh21

    Murtagh21 Former Member

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    MissJ: I agree. In 1983, Brian Murtagh told Joe McGinniss that inmate would never admit his guilt, never give up. In 2005, inmate tried to skirt around the expectation that he would express remorse in order to achieve parole. In a typical move by a con artist, he tried to use the parole hearing as a potential bridge to a pardon. Murtagh put a stop to that nonsense and inmate cannot apply for parole again until 2020. When asked by Newsweek whether he would eventually remove himself from this case, Murtagh responded, "I'll stop when he stops."

    http://www.macdonaldcasefacts.com
     
  18. wfgodot

    wfgodot Former Member

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    I've grown old with this case; I was 15 when the events took place.
     
  19. ScarlettScarpetta

    ScarlettScarpetta When the going gets tough, drink coffee

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    Does anyone really believe this man is innocent? Sometimes I think people who just like to fight pick up cases like this to argue with people. I really really wish that when people were convicted of murdering loved ones they went to a place where no one ever heard of them again.
     
  20. BillyKunstlerFan

    BillyKunstlerFan Member

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    yes he didn't get what he wanted, but why did he fire him? Bernie was as good of an advocate as he could ask for and it seemed like they were best buds, but then he all of a sudden turns on him and calls him a "neurotic jew" or something to that extent.

    I think the whole thing really tormented him for the next 29 years of his life (he died in 2011).
     

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