Jeffrey MacDonald Is Guilty

I don't know for certain why all these MacDonald lawyers are suddenly withdrawing from the MacDonald case. I suppose one reason is it could be there is no money in it for them.

The MacDonald defense fund still exists if any rich people are interested, which I believe is tax deductible, and it can be contacted on the Jeffrey MacDonald website.

This new Gordon Widenhouse lawyer seems a very experienced and good lawyer with regard to appeals.

It could be that one reason he can't attend on November 28th is that he needs more time for a careful preparation, and to become thoroughly acquainted with the whole business of the MacDonald case. He probably also suspects, like me, that Judge Fox will just dismiss the MacDonald motion out of hand, and he needs a defense strategy to keep the whole thing going.

There is a bit of case law about appeals in the UK on the internet. I don't know if the director-generals of the European Commission have now changed all this and smashed an independent judiciary, and their rights to overturn convictions, with the help of the BBC, and pro-Europe Nick Clegg, who have kept it all dark.

The government is challenging two claims leveled by the defense.

1) The defense claims that Jeffrey MacDonald cannot afford counsel, but the government points out that he is receiving donations to his defense fund. In addition, MacDonald is filing a claim to receive a Public Defender, yet he has already picked Gordon Widenhouse as counsel. You can't cry poor and get to choose your counsel.

2) The defense claims that with the withdrawal of four lawyers, MacDonald doesn't have legal representation in the Britt matter. The government points out that both Barry Scheck and Christine Mumma have not filed requests to withdraw from this case.

http://www.macdonaldcasefacts.com

Judge Fox decided to delay the evidentiary hearing on the Britt matter for a 3rd time. The hearing will now take place on 4/30/12. Judge Fox accepted MacDonald's claim that he cannot afford counsel, but stated that MacDonald does not get to choose his court appointed attorney.

http://www.macdonaldcasefacts.com

If I may emphasize - the delay was requested by Inmate, but I wouldn't be surprised if one day Inmate and his supporters claim this is an example of the Government dragging its feet and delaying justice.

Gwyka: Considering that the MacDonald camp continues to insist that the government is at fault for delaying DNA testing in this case, your opinion is spot on. DNA exemplars were packaged and mailed to the AFIP in 1999, a microscopic evaluation of specific exemplars was undertaken, and the government AND defense began to haggle over testing procedures. During this legal process, 9/11 occurred and DNA testing got put on the back burner. Once Judge Fox ends this nonsense in 2012, the defense will certainly cry about the government avoiding the truth in this case.

http://www.macdonaldcasefacts.com

I switched computers and lost my bookmarks--have googled macdonald message boards to no avail :( Anyone have the link to the most recent message board about the case?

audpaud wrote:

I switched computers and lost my bookmarks--have googled macdonald message boards to no avail :( Anyone have the link to the most recent message board about the case?

Here is a board folks have been hanging out at:

http://jeffreymacdonalddiscussionboard.yuku.c...

Thanks Gwyka!:)

how great to see audpaud's nick on a discussion!

Gwyka you are 100% right, once this Britt hearing takes place the defense will blame the prosecution/government for the delays! that is the SOP of that bunch!

The following is the Government's response to the Defense motion for a new trial based on the AFIP's 2006 DNA test results.

http://www.th ejeffreymacdonaldcase.c...v-re sponse.pdf

The Government continues to demonstrate their dedication to the victims in this case. Like all of their prior legal briefs, the Government constructed an impressive rebuttal to the distortions, half-truths, and lies put forth by the MacDonald defense team.

http://www.macdonaldcasefacts.com

The following is the Government's response to the Defense motion for a new trial based on the AFIP's 2006 DNA test results.

http://www.thejeffreymacdonaldcase.com/downlo...

The Government continues to demonstrate their dedication to the victims in this case. Like all of their prior legal briefs, the Government constructed an impressive rebuttal to the distortions, half-truths, and lies put forth by the MacDonald defense team.

http://www.macdonaldcasefacts.com

Christina has posted the Government's voluminous response to the Defense motion for a new trial.

http://www.th ejeffreymacdonaldcase.c...v-re sponse.pdf

The response is beyond thorough and destroys ALL of the dubious claims leveled by the defense. IMO, the most impressive portion of the response brief begins on page 21. In a nutshell...

1) All three unsourced hairs found at the crime scene had different DNA profile sequences. The defense is basically arguing that 3 perpetrators not named Greg Mitchell or Helena Stoeckley were present at the crime scene.

2) Affidavits from lab examiners in the original investigation state that no hairs were found under Kristen's fingernails at autopsy and that the 5mm hair fragment present in Vial #7 was not bloody.

3) In 1999, the last hair examiners to undertake a microscopic analysis of the hair exhibits in this case concluded that ALL three unsourced hairs had "club" roots which indicates that each hair was naturally shed.

The Government hammers home the point that the defense has completely distorted the AFIP's DNA test results and they remind the Court that Bernie Segal stated at trial that the source of the limb hair found in Colette's left hand was from her killer. This hair matched the DNA profile of Jeffrey MacDonald.

A few of my favorite quotes from this section of the response brief...

"MacDonald has resorted to embellished claims that the hairs were bloody, forcibly removed, or both."

"Affidavits from each lab examiner whose notes or reports MacDonald has misinterpreted or misquoted, and then relied upon for his overstated claims."

The main theme of the response brief is that MacDonald hasn't come close to meeting the evidentiary and/or procedural standards for a new trial. The Government also reminds the Court that based solely on DNA test results, the IPA has not resulted in a single new trial.

I have more reading to do, but these are my initial impressions of the response brief. Hats off to Thomas Walker for constructing such an impressive brief.

http://www.macdonaldcasefacts.com

The Government's response to the Defense request for Touch DNA on 84 evidentiary items speaks to the fact that Christine Mumma and Sue Berry are in over their heads.

1) There are a number of evidentiary items on this list that were destroyed during the AFIP's DNA testing procedures.

2) The Defense asked for Touch DNA tests on the weapons in this case, but they acknowledge that all of the weapons have been handled many times in the past 41 years.

3) The finger section of the surgeon's glove found in the bundled bedding has been handled by multiple investigators/lab technicians. The finger section was tested for prints, blood, and was even bombarded with radiation to see if this item matched the chemical composition of the surgeon's gloves found under the kitchen sink.

4) The Defense asked for Touch DNA tests on non-blood stains.

5) The Defense asked for Touch DNA tests on blood spatters on the walls and ceilings in the bedrooms of the MacDonald residence. Oddly enough, the Defense ignored several blood stains that were in the same location as the stains presented in the evidentiary list.

http://www.macdonaldcasefacts.com

This sounds like the usual forensic fraud from the shady lawyers at the Justice Department to cover-up their conviction of an innocent man. Murtagh should be charged with perverting the course of justice. Blackburn has been imprisoned in the past for his various frauds.

Malone of the FBI has come in for criticism in the past.

None of the hairs in the MacDonald case have ever been compared to some of the main suspcts, like Mazerolle and Don Harris and Dwight Smith. Even if those hairs were tested I wouldn't trust the test results because of FBI forensic fraud.

That hair in Colette's left hand was 'examined' and destroyed and replaced by another hair by the FBI prior to DNA testing by the AFIP lab

Dr. MacDonald was convicted because he was unable to explain why there were pajama fibers supposed to be on the wooden club murder weapon. The trouble is those so-called pajama fibers were black wool fibers from an unknown source. Those unsourced black wool fibers around the mouth and arm of Coleete have never been explained and are exculpatory evidence.

The pajama folding experiment by the FBI also used to convict Dr. MacDonald was conceptually unsound and impossible. The court was never presented with the numerous witness statements that Helena Stoeckley had confessed to them, and that she had named names, because Judge Dupree was not an extremely competent judge and he was biased.

The exculpatory psychiatric evidence was never presented to the court and jury because of the biased Judge Dupree.

One of the main suspects told the Army CID and FBI that he "might" have been staying with his parents on the night of the MacDonald murders, another said he was painting his apartment in the middle of the night. A likely sory!. Another said he had no alibi and Helena Stoeckley said she could not recall, or remember, because she was on drugs that night.

The real killers have never been properly or thoroughly investigated. They have been allowed to go free all these years to kill more women and children in America, and possibly in Portugal. The Army CID and FBI are lazy and incompetent. They need to pull their socks up and a specialist homicide squad should be employed on those sort of difficult murders.

Henriboy has returned! Unfortunately, his prose has not changed one bit. His reliance on sound-bytes and dubious claims are tactics that have been used by the MacDonald camp for the past 41 years. His refusal to comment on any of the points in my posts speaks to the ominous nature of the evidence that led to the conviction of Jeffrey MacDonald. MacDonald has spent 31 of the past 41 years in prison for a reason. As the late Peter Kearns once said, "He killed Colette. He killed Kimmie. He killed Kristen. I know it and he knows it, but he's never going to admit it."

http://www.macdonaldcasefacts.com

The defense has been granted another extension regarding a response to the Government's massive brief on the DNA issues in this case. This is the 4th request for an extension in the past year. Judge Fox has signed off on all 4 extension requests, but he did not allow MacDonald to cry poor AND pick his own lawyer. Sue Berry was assigned as MacDonald's Public Defender and her request for an extension indicates that she is in over her head.

http://www.macdonaldcasefacts.com

the govt is ready but once again we must wait for the defense. and, as is typical, the defense claims the govt is the reason for the hold-up. lather, rinse, repeat......

The following link is just another example of why Brian Murtagh is more than just a lawyer.

http://www.vi ctimsofpanamflight103.o...2012 212011.pdf

http://www.macdonaldcasefacts.com

The following link is just another example of why Brian Murtagh is more than just a lawyer.

http://www.victimsofpanamflight103.org/sites/...

http://www.macdonaldcasefacts.com

I hope and pray that Jeffrey MacDonald is never granted a new trial. While I strongly believe him to be factually guilty, I do believe if he had a new trial, he would be set free. There are two reasons for this. One, we live in the age of "reasonable doubt". This is a high profile case. If he was allowed the opportunity for a new trial, every sleazy defense lawyer in the U.S. would be lobbying for a chance to represent him. You don't even need evidence to create a "reasonable doubt", just wild accusations.
Secondly, in 1970, a lot less was known about securing a crime scene. With shows like Forensic Files, Cold Case Files, City Confidential, CSI and many others that attempt to show how crimes are solved, almost everybody has seen at least one of these. I am afraid that a jury today would be easily convinced that the crime scene was compromised to the point of no return.
What I would love to see DNA tested would be the blood on the pocket of the pajama top that MacDonald wore to bed that night. If it were, in fact, Colette's blood, as I suspect, it could be the final nail in MacDonald's coffin. That would be very hard for him to argue. Think about it, there were only flecks of blood on the pocket, the rest of the pj top was saturated. He doesn't claim that in moving a dying Colette from leaning against the green chair in order to try and resuscitate her, that she tore the pocket off, so how did her blood get there?