Posted on 03/23/2010 12:36:04 PM PDT by sodpoodle
Jeffrey MacDonald, Green Beret Doctor Convicted for Slayings of Wife & 2 Daughters, Seeks New Trial
In 2006, the appeals court ruled that MacDonald could seek a new trial in federal district court based on retired Deputy U.S. Marshal Jim Britt's claim that he heard prosecutor James Blackburn coerce Stoeckley into lying. Blackburn told Stoeckley she'd be charged with the crimes if she admitted to being in the MacDonald home the night of the killings, Britt said.
Britt died in 2008, and Senior U.S. District Judge James C. Fox rejected MacDonald's bid for a new trial two weeks later. MacDonald's lawyers appealed to the 4th Circuit, citing errors during the trial and "startling new evidence" to prove his innocence.
In addition to the statements by Stoeckley's mother and Britt, MacDonald is citing the long-awaiting results of DNA testing of three hairs, including one found under Kristen's fingernail. The tests excluded MacDonald or anyone in his household - evidence that MacDonald claims points to intruders.
Prosecutors say the test results also eliminate Stoeckley and her boyfriend, Greg Mitchell, who also had told conflicting stories about whether he was involved in the slayings. Mitchell died in 1982.
(Excerpt) Read more at cbsnews.com ...
1) “What we found was some unsourced hair in very significant places – most significantly under Dr. MacDonald’s youngest daughter’s – Kristen’s – fingernails and also on her bedspread,” Miles said.
2) In 2006, the Fourth U.S. Circuit Court of Appeals agreed to give the case another look after a retired U.S. marshal swore in an affidavit that a woman told him she was in MacDonald’s Fort Bragg home on the night of the murders. The marshal also said he heard the woman make the same claim to federal prosecutor Jim Blackburn and that Blackburn threatened to indict her for murder if she made the claim on the witness stand.
There wer 3 count em three foreign hairs in the entire crime scene. There was NOTHING on the good doctor himself though he claimed to have founght with the ‘intruders’. All the DNA says is that there were hairs not belonging to someone in the house. They do not even say in the appeal if they are human. Visitors to one’s room may well have left behind hairs of any size. It is inconsistent with the rest of the known facts in the case. And for the record DNA is not the be all and end all of any criminal case. As with any scientific tool it must be utilized in an appropriate manner.
The problem with the OJ case was the arrogance of the DA deciding to try him ‘downtown’ when they should have done it in Simi Valley or other location. No one was going to convict poor old OJ once the DA decided to hang the entire case on DNA. The DA screwed the pooch on that one
I remember a TV-Movie based on the book, too.
My mother read the book, way back when, and I read it a few years later.
Disgusting what happened to his family, regardless of who did it. Whoever it/they was/were, God will have His judgment, in due time.
I was a Lieutenant at Ft. Bragg when this murder was committed. My father had just retired from the Army, his last assignment was as the Deputy Commandant of the Special Warfare Center. McDonald and the prosecutors were in his command.
The crime scene was completely comtaminated by every MP and CID agent in the XVIII Airborne Corps who trapsed through the quarters, examined the bodies, and handled everything in sight. If the crime scene had been handled properly, McDonald would have probably been tried by court martial, convicted, and sentenced to death.
I am convinced that he killed his family. My father, who saw much of the evidence, including that excluded, was absolutely certain of it.
Certainly your sarcasm is warranted (and appreciated :-), but this happened a year after the Manson murders and Woodstock, so in the context of the time, such an attack on a soldier and his family was probably a bit more of a plausible alibi; however, everything I've read about McDonald has led me to believe that he's guilty.
Stoeckley and her boyfriend Mitchell both repeatedly confessed to friends and family that they were there and involved.
We will probably never know who the other two “hippies” were but I bet they were related to people that possessed the power and authority to keep their names out of it.
Druggies looking for more drugs in a physician’s home is not unusual.
Yes, I did remember the story that there were all sorts of people tramping around the McDonald property that day. Evidence was mishandled and even misplaced. It had been said then that the Army really should not have been the one to investigate since it really didn’t know how to handle a civilian crime scene. But since the crime occurred on Army property, the Army instead of the local or even the state police did the investigating. That’s a shame. State police in particular would have handled the investigation a lot differently.
Regarding the book: It was supposed to show that McDonald was innocent, but as the author went along, even he was convinced that McDonald was guilty.
Had McDonald kept his mouth shut and out of the public eye, he might be a free man today. His attitude after the murders and all his public grandstanding made people suspicious, particularly his father-in-law.
Thank you for the link. I wish I still had the book. I loaned it to someone and never got it back.
The stupid second wife is just amazing. If by some miracle he does get out of prison, she should be afraid of him. He is creepy.
He can apply for parole in 2020
http://crime.about.com/b/2005/05/13/parole-denied-for-fatal-visions-jeffrey-macdonald.htm
Friday May 13, 2005
Former Green Beret doctor Jeffrey MacDonald lost his first-ever attempt to seek parole when two federal examiners decided to recommend to the U.S. Parole Commission to deny his parole and that he not be granted parole or be reconsidered for release for another 15 years.
Wonder if his post housing is being maintained the way it is mentioned in the book.
And he will be in his 70s by then.
See my post 10.
Missed that one. Further evidence that GMTA :-)
It is so very similar to the Sam Sheppard case. Pregnant wife, beaten to death. Husband having an affair. Handyman, Richard Eberling with cuts on his hand.
Eberling was involved with three other cases of women dying from accidental injuries.
Very strange.
http://en.wikipedia.org/wiki/Sam_Sheppard
I’ve always thought that he was guilty. It’s my understanding that he wanted out of the marriage, and possibly wanted to be relieved of the children. Imho, he’s a sociopath.
I sorta remember the Sheppard case. I was a youngster when the murder happened, but I do remember the eventual overturning of his conviction. Didn’t realize that he was set free in 1966 and died four years later. Inferesting timeline.
Launched F.Lee Bailey.
I lived in Helena’s apartment in Fayetteville back in the early ‘90’s. Bad neighborhood, but no one ever bothered me because everyone was scared of the place.
Yes, his father-in-law was once of his staunchest allies at first. Until he read the transcript from the Article 32 hearing and heard him almost joking about it on a tv talk show. As I recall, it started to dawn on the FIL that everyone in that home was overkilled, and McDonald had one perfect cut, that could have been easily self-inflicted, especially by a physician.
And he claimed he fought as if his life, and his family’s life, depended on it.
“Acid is groovy. Kill the pig.” Uh-Huh.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.