Merged Jeffrey MacDonald did it. He really did.

Status
Not open for further replies.
Poor inmate. Judge Fox just won't cut him a break. Right? Ah, no. In their 2011 remand, the 4th Circuit Court did not require that Judge Fox have an evidentiary hearing on the "evidence as a whole," but this "close-minded" Judge threw inmate yet another legal bone. Not only did Judge Fox provide inmate with yet another forum to regurgitate past claims, he allowed inmate to present the kitchen sink at the hearing.

Despite this gift from Judge Fox, the defense didn't present a single forensics and/or DNA expert at the hearing. The defense focused on 2nd and 3rd hand hearsay testimony to combat the mass of inculpatory evidence in this case. The defense was given ample opportunity to present an evidentiary item or items that directly linked Stoeckley, Mitchell or D.B. Cooper to the crime scene, but all Judge Fox heard were cricket noises.

Similar to Henriboy, the defense was challenged to come up with the goods and they failed to do so. The 2012 evidentiary hearing was no different than the 1979 trial in that ALL of the sourced evidence pointed to Jeffrey MacDonald as being the lone perp.

http://www.macdonaldcasefacts.com

I entirely disagree. Judge Fox is biased. He is disregarding leads and suspects. Judge Fox is a brick wall for MacDonald. There is no real proof that MacDonald did it. This is how the Charlotte Observer reported the matter in 2014:

Nearly two years after Jeffrey MacDonald spent seven days in a federal courtroom seeking freedom from a murder conviction, Judge James Fox upheld the verdict.
By Anne Blythe - ablythe@newsobserver.com

Jeffrey MacDonald was disappointed, but not surprised, by a federal judge’s ruling that upholds the murder conviction that has imprisoned the former Army doctor for three decades.

Gordon Widenhouse, the Chapel Hill attorney representing MacDonald in his latest quest for freedom, on Friday recounted the phone call he had with his client after Judge James C. Fox’s ruling late Thursday.

“Dr. MacDonald has not seen the order yet,” Widenhouse said. “I will mail it to him. He knows what it says. My gut reaction is we’ll appeal.”

MacDonald, 70 now and housed in a medium-security federal prison in Cumberland, Md., has maintained since 1970 that he did not kill his pregnant wife, Colette, and two daughters – Kimberly, age 4, and Kristen, age 2 – in the Fort Bragg apartment where they lived.

Almost 23 months after a 2012 hearing in Wilmington in which DNA evidence and statements about key witnesses were presented to him, Fox said Thursday that he had not been persuaded to overturn the verdict.

The case – which has inspired several best-selling books, countless articles and the hit “Fatal Vision” TV miniseries – has outlasted many of the key witnesses and seen the graying of others.

It has sparked strong camps of opinion.

Some contend that the Princeton-educated MacDonald is an exploitative psychopath who deserves to spend the rest of his life in prison, as the sentence handed to him specifies.

Others argue just as vehemently that MacDonald is a victim of a gross miscarriage of justice who would have abandoned his quest for freedom long ago if there was not something to his claims of innocence.

The 2012 hearing in front of Fox was to consider what the defense contended were new claims about DNA evidence. They also presented statements made by a former marshal and by family members of a drug-addled woman spotted by law enforcement officers near the murder scene.

The late Franklin Dupree was the judge during the 1979 trial and for many of MacDonald’s post-trial proceedings. But Dupree died in 1995, and Fox, an octogenarian who assumed semi-retirement status in 2001, found himself in an unusual position when the 4th U.S. Circuit Court of Appeals sent the MacDonald case back to his courtroom.

In 2011, the federal appeals court reversed a Fox ruling in the MacDonald case, telling the judge he needed to consider claims about new DNA evidence in the context of all the evidence. The appeals court did not elaborate on the meaning of “all the evidence.”

Fox told MacDonald and the attorneys at the start of the 2012 hearing that he was going to allow great leeway on what evidence could be presented.

In a 169-page order that recaps the case and highlights chapters of its tortuous legal journey, Fox said MacDonald’s attorneys failed to establish that a reasonable juror would not have found the Army captain guilty had they heard the new evidence.

‘Failed to establish’

“After conducting an evidentiary hearing, receiving voluminous supplementary briefing and examining the evidence as a whole, the court finds that MacDonald has failed to establish, by clear and convincing evidence” that a reasonable juror wouldn’t come to the same verdict, Fox’s order states.

“Alternatively, the court finds that MacDonald has failed to adequately establish the merits of any of his claims,” the order says.

Colette MacDonald had 37 stab wounds – some from an ice pick, some from a knife – and was beaten. She had two broken arms and a fractured skull.

The older daughter had a fractured skull and eight to 10 stab wounds. The younger daughter had 27 stab wounds.

Thomas Walker, the U.S. attorney in the Eastern District of North Carolina where the case has been tried and heard over the years, was only 5 when MacDonald’s family was murdered on the Army base near Fayetteville.

“Today our thoughts turn toward Colette, Kimberly and Kristen MacDonald whose lives were taken tragically by the defendant in this case,” Walker said in a statement released Friday. “We have and will continue to seek justice on their behalf.”

If MacDonald decides to appeal Fox’s ruling, the 4th Circuit must agree to hear the challenge.

‘Disappointed’

Widenhouse, who represented MacDonald in Wilmington in 2012, said he thought after his initial read of Fox’s order that there were issues to appeal.

“Obviously, I’m disappointed by the result,” Widenhouse said.

In 2012, MacDonald’s defense team submitted statements made by a retired U.S. marshal that a prosecutor pressured a witness to lie on the stand. The retired marshal is dead, as is the witness.

That witness, the woman spotted by law enforcement officers near the scene, gave many different accounts during her troubled life about the MacDonald case. Widenhouse said he thought if a jury had heard that she planned to testify that she was at the scene, they might have come to a different verdict.

“To me, that completely changes the trial,” Widenhouse said.

Fox, though, ruled otherwise, bringing another chapter in MacDonald’s protracted legal case to a close.
 
To give Henri a little credit, I did just find this:

Mastro Geppetto the wood carver had this to say on the internet:

That-a- judge, he-a have-a the testa dura! Disgraziade! Brutale bastardo!

Case closed.

There is a bit of comment about judges in an old English law book by a solicitor in a book called English Justice, published in 1932. I think this applies to America as well:

But it cannot be of of advantage that any body of men should be placed above all criticism to the extent that His Majesty's judges are at the present time, That no suggestion of corrupt bias, direct or indirect, should be permitted, is right. That a kind of taboo should be placed on any public comment which indicates, however faintly, that a judge might be unfair as well as mistaken is not in the public interests.

One result of this exaggerated respect for the judges is the timidity of counsel, a matter which is taken for granted by solicitors, but which often astonishes and sometimes disgusts lay clients...........

Recently, however, we have had a good deal of judicial comment by one court upon another. The Court of Appeal and the Court of Criminal Appeal were in fairly open disagreement as to their relative standing and talked at each other to some extent. Then the Court of Appeal, in reversing the decision of a High Court Judge, a member of the Court of Appeal, used such language that many people expected the Judge in question either to resign or retaliate........

There are many judges who are influenced by nothing but the evidence before them and the arguments based thereon. But it is idle to pretend that it makes no difference before which judge a case, whether civil or criminal is tried. Those who think otherwise should go to Assizes and watch the wire-pulling and scheming that goes on to ensure, or to prevent, a case coming before one judge, rather than the other. I am not suggesting that gossip should be regarded as evidence. But no one can listen to junior barristers who have not yet learned the virtues of discretion without hearing some startling things as to how cases are sometimes dealt with. Naturally, if one directly questions a junior barrister on this point he at once becomes a model of discretion. An old barrister's clerk in a mellow mood of reminiscence will, however, make anyone's hair curl. It is only necessary to read the public comments occasionally made by one judge upon what another has done or said to realize that mistakes are made, and serious ones.
 
Open And Shut

Jeffrey MacDonald was convicted of murdering his pregnant wife and two young daughters by a jury of his peers. At the 1979 trial, the prosecution presented over 1,000 evidentiary items which linked MacDonald to this horrific crime. This included blood, hair, fibers, bloody and non-bloody fabric impressions and fabric damage evidence.

MacDonald has received more chances at freedom than any murderer in history. This includes 3 evidentiary hearings, a parole hearing and 9 Court appearances within the appellate system. This includes the District Court, the Circuit Court and the United States Supreme Court.

He has failed at every level to present a salient argument for 6 hippie home invaders slaughtering his family and leaving him alive. The CID, FBI, DOJ, trial jury, parole board and appellate court judges have determined that his home invader story is a complete fabrication.

MacDonald is a coward, a psychopath and a mass murderer. He will die in prison. Nuff said.

http://www.macdonaldcasefacts.com
 
Last edited:
um henri, perhaps it is that YOU do not understand a basic principle of the US justice system. THE JUDGE DOES NOT INVESTIGATE. Judge Fox therefore, is perfectly reasonable, responsible, and unbiased because all he has to determine is the legalities of the situation. What laws and precedence apply.

Now, once again, inmate HAD HIS PRESUMPTION OF INNOCENCE. HE WAS CONVICTED. All the viable suspects were investigated and every lead was followed up. Inmate was tried before a jury of his peers at a trial lasting about 7 weeks at which over 1,100 pieces of evidence were presented via 28 witnesses both lay and expert. INMATE WAS CONVICTED. He is where he belongs, it is that simple. You REALLY need to try and understand there is no evidence to support inmate's bs stories that changed to try and explain away evidence......consciousness of guilt.
 
um henri, perhaps it is that YOU do not understand a basic principle of the US justice system. THE JUDGE DOES NOT INVESTIGATE. Judge Fox therefore, is perfectly reasonable, responsible, and unbiased because all he has to determine is the legalities of the situation. What laws and precedence apply.

Now, once again, inmate HAD HIS PRESUMPTION OF INNOCENCE. HE WAS CONVICTED. All the viable suspects were investigated and every lead was followed up. Inmate was tried before a jury of his peers at a trial lasting about 7 weeks at which over 1,100 pieces of evidence were presented via 28 witnesses both lay and expert. INMATE WAS CONVICTED. He is where he belongs, it is that simple. You REALLY need to try and understand there is no evidence to support inmate's bs stories that changed to try and explain away evidence......consciousness of guilt.

None of the 1100 pieces of evidence presented were proof of anything. There were many lay and expert witnesses who testified on behalf of Jeff MacDonald. Many witnesses were excluded by the biased trial judge in order to deceive the jury. That was clearly erroneous.

Judge Dupree kept making silly remarks, like Helena Stoeckley was supposed to be a poor befuddled creature who was probably courting with Greg Mitchell on a bridge somewhere at the time of the MacDonald murders. Blood on MacDonald's glasses was supposed to be proof that MacDonald was lying about not wearing his glasses. The new forensic evidence discovered by the MacDonald defense would not have swayed a different jury according to Dupree. In the UK the appeals would have been heard by different judges form the Court of Criminal Appeal, not the same judge, or his pal, or rubber stampers from the 4th Circuit, or Supreme Court.

Judge Fox was a close friend of Judge Dupree and quite elderly himself. In Judge Fox's 2014 ruling he makes silly remarks like Greg Mitchells' confessions were "untimely" instead of saying those confessions should have been further investigated. Judge Fox also said that it is "unequivocally true" that Kathy Bond had nothing to do with the black wool fibers on the murder weapon. That's a lie.

This is a bit about Jeff MacDonald's presumption of innocence from an article by his wife Kathryn MacDonald in 2009:

While it is extremely difficult to overturn
any conviction, the burden is tenfold
when one has been vilified in the national
media, as Jeff was by the grotesque portrait
painted of him in the 1983 book Fatal
Vision. The book was made into a highly rated
television mini-series in 1984. Before
his trial, Jeff took the unprecedented step of
giving a writer full access to his defense and
personal life. He had nothing to hide and was
badly in need of funds to pay his legal bills.

However, the book’s publisher wanted a
titillating novel that would sell lots of copies,
not the true story of a man wrongly
convicted in a legal charade. Consequently
author Joe McGinniss juxtaposed and fabricated
events and conversations to portray
Jeff as a “golden boy” whose affability
masked a homicidal rage.

Jeff sued McGinniss for fraud. In order to do
so, he requested a transfer to a prison in
California in 1986. The government had one
stipulation – that Jeff agree to be housed in
solitary confinement for the duration.
Although McGinniss later admitted his
perfidy in open court and Jeff was paid a
settlement of $325,000, the damage was
done. To this day, the press still calls him
“The Fatal Vision Doctor”.

In 1995 the book Fatal Justice: Reinvestigating
the MacDonald Murders was published.
Written by author Jerry Potter and
reporter Fred Bost, the book dissected the
government’s case using its own documentation,
dispelling many of the myths the
government’s prosecutors had perpetuated.
Post-Conviction.

Jeff’s post-conviction appeals in 1985 and
1991 were considered by his trial judge,
Franklin Dupree, who declined to recuse
himself. Opposition to Jeff was led by Brian
Murtagh, who was one of his trial prosecutors
after leaving the Army for the DOJ.
Lead trial prosecutor James Blackburn was
promoted to U.S. Attorney for North Carolina
after winning the MacDonald case.

Helena Stoeckley and her boyfriend Greg
Mitchell – both 18-years-old at the time of
the MacDonald murders – had long since
gone their separate ways. However they
continued to confess independently to others
(including law enforcement officials and
clergy) of their involvement in the murder
 
This is an example of how closely questioned one of the suspects, Mazerolle, was interviewed by the keystone cops in the FBI. The FBI was unfair and mistaken, and dishonest and incompetent. Mazerolle was never interrogated about the MacDonald murders, unlike the innocent MacDonald, because Helena Stoeckley and Detective Beasley were not believed.

It's a bit like people are saying on British TV now that the Madeleine McCann case should be abandoned by Scotland Yard because it will never be solved. They need to stiffen their backs and seize the situation like a man:

www.thejeffreymacdonaldcase.com/html/3-1981-11-30-fbi-mazerolle.html
 
This is an example of how closely questioned one of the suspects, Mazerolle, was interviewed by the keystone cops in the FBI. The FBI was unfair and mistaken, and dishonest and incompetent. Mazerolle was never interrogated about the MacDonald murders, unlike the innocent MacDonald, because Helena Stoeckley and Detective Beasley were not believed.

It's a bit like people are saying on British TV now that the Madeleine McCann case should be abandoned by Scotland Yard because it will never be solved. They need to stiffen their backs and seize the situation like a man:

www.thejeffreymacdonaldcase.com/html/3-1981-11-30-fbi-mazerolle.html

So you're accusing them of working your side of the street?
 
henri - what EXACTLY do YOU consider evidence? Over 1,100 pieces of EVIDENCE was presented and OBVIOUSLY THE JUDGE AND JURY CONSIDERED IT EVIDENCE THAT INMATE MURDERED HIS FAMILY. The knife, ice pick, and murder club - they are evidence. The bathmat and bloody torn pj top, and the bloody pj top pocket were presented and THEY are all evidence. the bloody surgical glove fragments were presented and THEY are all evidence. The pj top fibers found on the bodies, under the bodies, in the beds with the bodies are ALL EVIDENCE.

EVERY SINGLE SOURCED PIECE OF EVIDENCE POINTS DIRECTLY AT INMATE AS BEING THE SOLE PERPETRATOR OF THESE VICIOUS BLOODY HEINOUS MURDERS.

It does not matter what investigators said or did not say to Allen Mazzerole. It does not matter what they asked or did not ask him. HE WAS IN JAIL ON THE NIGHT OF THE MURDERS AND COULD NOT POSSIBLY HAVE BEEN INVOLVED. PERIOD.
 
Wrong Again

Allen Mazzerolle was interviewed by the FBI in 1982, he cooperated fully with agents, he provided fingerprint exemplars and, unlike inmate in April 1970, he was willing to take a polygraph exam. Mazzerolle's prints were not found at the crime scene, jail records prove beyond ALL doubt that he was in jail on 2/17/70, and the defense has given up on branding Mazzerolle as a suspect. As of 3/13/17, there is only one human on the planet who believes that Mazzerolle is involved in this horrific crime and we all know who that special someone is. On a positive note, inmate will be celebrating his 36th year in prison on 3/31/17.

http://www.macdonaldcasefacts.com
 
henri - what EXACTLY do YOU consider evidence? Over 1,100 pieces of EVIDENCE was presented and OBVIOUSLY THE JUDGE AND JURY CONSIDERED IT EVIDENCE THAT INMATE MURDERED HIS FAMILY. The knife, ice pick, and murder club - they are evidence. The bathmat and bloody torn pj top, and the bloody pj top pocket were presented and THEY are all evidence. the bloody surgical glove fragments were presented and THEY are all evidence. The pj top fibers found on the bodies, under the bodies, in the beds with the bodies are ALL EVIDENCE.

EVERY SINGLE SOURCED PIECE OF EVIDENCE POINTS DIRECTLY AT INMATE AS BEING THE SOLE PERPETRATOR OF THESE VICIOUS BLOODY HEINOUS MURDERS.

It does not matter what investigators said or did not say to Allen Mazzerole. It does not matter what they asked or did not ask him. HE WAS IN JAIL ON THE NIGHT OF THE MURDERS AND COULD NOT POSSIBLY HAVE BEEN INVOLVED. PERIOD.

Mazerolle jumped bail with false documentation. Even the FBI got it wrong in saying that Mazerolle was sentenced and imprisoned in 1970, when in fact he pleaded guilty a year later and was imprisoned in 1971. Mazerolle was being helped, not necessarily by Murtagh and Blackburn, or by Proctor of the CIA, Judge Dupree's former son-in-law..

The evidence does not point at inmate. There are endless disputes about the pajama pocket and torn pajama top and the bathmat and the knives and fibers and threads and surgical glove fragments and candle wax and ice picks and so-called blood evidence. It's fabricated evidence. Forensic technicians sometimes lie about their credentials. Forensic fraud exists. I grant you that it can be difficult to lie about DNA, except perhaps by losing, or misplacing, or substituting the DNA evidence. That under the bodies fibers stuff Byn mentions was hotly disputed by Segal in an affidavit. Much of it was exculpatory, and illegally withheld at trial.

There is a bit about all this in an article in the Military Law Review- The 21st Annual Hudson Lecture called scientific evidence in criminal prosecution:

VII. Conclusion

In conclusion, let me make two points. First, despite my
criticisms today about how scientific evidence often is misused in
the courtroom, I am a strong proponent of scientific proof. It is
often better than eyewitness testimony and credibility battles-the
''he said, she said" testimony often encountered in rape trials.
Moreover, an innocent person may be exonerated because of
scientific evidence.

Second, problems with experts are not new. In 1843, an
English judge wrote that "skilled witnesses come with such a bias
in their minds to support the case in which they are embarked that
hardly any weight should be given to their evidence." In 1899,
the Minnesota Supreme Court observed that "[t]here is hardly
anything, not palpably absurd on its face, that cannot now be
proved by some so-called 'expert."
 
Mazerolle jumped bail with false documentation. Even the FBI got it wrong in saying that Mazerolle was sentenced and imprisoned in 1970, when in fact he pleaded guilty a year later and was imprisoned in 1971. Mazerolle was being helped, not necessarily by Murtagh and Blackburn, or by Proctor of the CIA, Judge Dupree's former son-in-law..

I have to ask: How do you KNOW "Mazerolle jumped bail with false documentation."? Since he was never granted bail, how did he 'jump' it? Did you fabricate your mythical false documentation? Were you that unnamed person you imply existed in the last sentence of the above paragraph?
 
Last edited:
Mazerolle jumped bail with false documentation.

That under the bodies fibers stuff Byn mentions was hotly disputed by Segal in an affidavit. Much of it was exculpatory, and illegally withheld at trial.

Inconsequential bleating snipped


How does one jump bail with false documentation? Are you attempting to assert that the documentation of Mazerolle being in custody you wish to ignore is false, or do you assert that Mazerolle was released on bail by using some manner of false I.D.?

How much? I now know that in your world any and everything under the sun supports the innocence of your man crush, but the courts involved during the initial trial and the appeals haven't found any of your fantasy exculpatory evidence to be valid.
 
I have to ask: How do you KNOW "Mazerolle jumped bail with false documentation."? Since he was never granted bail, how did he 'jump' it? Did you fabricate your mythical false documentation? Were you that unnamed person you imply existed in the last sentence of the above paragraph?

He hasn't been slowed down by reality so far, so I'll take "fabrication"."
 
I Repeat

Allen Mazzerolle was interviewed by the FBI in 1982, he cooperated fully with agents, he provided fingerprint exemplars and, unlike inmate in April 1970, he was willing to take a polygraph exam. Mazzerolle's prints were not found at the crime scene, jail records prove beyond ALL doubt that he was in jail on 2/17/70, and the defense has given up on branding Mazzerolle as a suspect. As of 3/13/17, there is only one human on the planet who believes that Mazzerolle is involved in this horrific crime and we all know who that special someone is. On a positive note, inmate will be celebrating his 36th year in prison on 3/31/17.

http://www.macdonaldcasefacts.com
 
I have been trying to figure out how one jumps bail prior to having received bail.......since Allen Mazzerolle was in jail and not out on bail on 2/17/70 he could not have and did not have anything to do with the murders. everyone but henri KNOWS this to be FACT even inmate,cleo, and all defense lawyers know this.......
 
I have been trying to figure out how one jumps bail prior to having received bail.......since Allen Mazzerolle was in jail and not out on bail on 2/17/70 he could not have and did not have anything to do with the murders. everyone but henri KNOWS this to be FACT even inmate,cleo, and all defense lawyers know this.......

The poster in question bases their pov on wishful thinking, not facts.

Projection of their own incompetence onto the individuals actually involved in the case is the rule of the day.
 
I have been trying to figure out how one jumps bail prior to having received bail.......since Allen Mazzerolle was in jail and not out on bail on 2/17/70 he could not have and did not have anything to do with the murders. everyone but henri KNOWS this to be FACT even inmate,cleo, and all defense lawyers know this.......

An astute detective would not be so absurdly credulous about this Mazerolle business. He would have interrogated him about the MacDonald murders. Murder investigation is specialist squad work, like the Fraud squad, or Art and Antiques squad.

Silly old Judge Fox said in his 2014 ruling that prison records say Mazerolle was in prison at the time of the MacDonald murders and that Detective Beasley was seriously ill for saying he identified Mazerolle out of prison. An astute detective would dig up some facts about that and get a subpoena to verify those Mazerolle prison records. You can't just say prison record forgery doesn't happen. Mazerolle would be an idiot to tell the FBI of his involvement in the MacDonald murders. This is an example from Florida reported by USA Today Oct. 18, 2013:

The Florida Department of Corrections is cracking down on rules involving inmate releases after two convicted murderers walked out of Panhandle-area prison with forged documents in late September and in October.

In a letter dated Friday and addressed to Florida's Circuit Court judges, Michael Crews, secretary of the state Department of Corrections, writes that effective Friday, the department would require verification of any order from a sentencing judge that results in early release of an inmate.
 
Delving In Fantasy

Those who delve in hyperbole and fantasy seldom look at the totality of a talking point. Even if Allen Mazzerolle was not in jail on 2/17/70, there is no evidence that he ever set foot in 544 Castle Drive. No hair or fingerprints were sourced to Mazzerolle, and he told FBI agents and two Fayetteville Observer investigative reporters that Stoeckley's claims were the "ravings of a madwoman."

Inmate's defense team appears to agree with Mazzerolle. Neither Ted Gunderson nor Ray Shedlick ever presented evidence to the FBI that Mazzerolle was involved in this horrific crime. During the process of defining DNA protocol in this case, the defense only requested that DNA exemplars from Stoeckley and Mitchell be tested. They obviously did not believe that Mazzerolle was one of the mythical hippie home invaders.

http://www.macdonaldcasefacts.com
 
Status
Not open for further replies.

Back
Top Bottom