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Appeal in 1970 "Fatal Vision" Murder Case (Jeeffrey MacDonald)
CBS/AP ^ | March 23, 2010 | cbs/ap

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 ...


TOPICS: Society; Weird Stuff
KEYWORDS: crime; fatalvision; greenberetdoctor; jeffreymacdonald; macdonald
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To: sodpoodle
“The tests excluded MacDonald or anyone in his household “

If this is not true, do we have a source to confirm it is not true?

41 posted on 03/23/2010 2:42:50 PM PDT by Hulka
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To: WaterBoard
dna or other sparse evidence does not mean anything in and of itself...

but what story does it tell?

was there the same "stranger" dna all over the place?....his/her blood?....his or her hair?.....I don't think so

it was a tiny little apartment with paper thin walls.....8 people in that apartment 3 of them being stabbed to death and a 4th superficially stabbed and NO ONE heard anything behind that paper thin wall?......incredulous

42 posted on 03/27/2010 2:01:50 PM PDT by cherry
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To: fatnotlazy
before dna crimes were solved....opportunity,motive,proximity....lack of any witness to seeing or HEARING anything...that is what convicted J.M....

sure, it would be nice if every crime scene was pristine....but that is a rarity...

43 posted on 03/27/2010 2:05:18 PM PDT by cherry
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To: cherry

Even years ago, preservation of the crime scene was imporrtant. Take fingerprinting. That had been done for years. When you have so many people roaming around a crime scene, you could wind up with a bazillion fingerprints. How much harder it would make an investigation to have to sift through all prints. Pristine, no...you can’t have that, but letting all sorts of people stomp around the scene was rather sloppy and irresponsible, and it still would have been even back in the days before DNA.

You are right — what evidence there was did convict MacDonald. But the initial military investigation made a mess of things. Had MacDonald’s stepfather-in-law not become suspicious and push to reopen the case (and have it reviewed by civil authorities), MacDonald would have gotten away with the murders. He actually sunk it himself with his behavior. Certainly wasn’t the behavior of a grieving widower.

The book was excellent. If you have never read it, I suggest you do so. Or see if you can find the made-for-tv movie somewhere. Fascinating.


44 posted on 03/27/2010 2:21:17 PM PDT by fatnotlazy (Never forget!)
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To: spacewarp

*ping*


45 posted on 06/01/2010 5:47:50 PM PDT by hennie pennie
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