Take 330
Only the landlord would have the stones to ignore my post regarding Malley's cursory case knowledge AND to claim that Malley has a "thorough grasp of the subject of the MacDonald case." Just a little reminder...
"Eventually Jeff’s case went to trial in the Eastern District of North Carolina, presided over by Franklin Dupree, a most unsympathetic judge whose dislike for MacDonald and his lawyers, and whose bias toward the government’s case and lawyers, were palpable."
The 4th Circuit Court disagrees with Malley's slanted opinion.
"Harvey has expressed his scathing appraisal of the government’s unfair dealings with MacDonald’s defense lawyers in several publications."
This is the same appraisal put forth to Judge Dupree in 1989, the 4th Circuit Court in 1992, and to Judge Fox in 1995. In each case, Silverglate's evidentiary arguments were considered specious and lacked merit.
"In repeated proceedings over the years, new forensic evidence and testimony has been presented to challenge the government’s evidence at trial."
This is a half-truth. The evidence presented at evidentiary hearings in 1984, 1989, and 1995 were not uniform. In 1984, the defense presented 7 "new" evidentiary items. In 1989, they focused on unsourced fiber evidence. In 1995, their focus was on unsourced hair evidence.
"The latest (and perhaps last) battle to get the jury judgment of guilty set aside or a new trial, was the subject of a hearing before Judge Fox in September 2013,"
The evidentiary hearing took place in 2012, not 2013.
"Fox reluctantly held the hearing, after delaying it for a year or so, and then took nearly another year before finally issuing a written opinion."
Malley is the only individual to claim that Judge Fox "reluctantly" held an evidentiary hearing and his claim is not backed by the documented record. In terms of the delay, that had nothing to do with Judge Fox. The lone reason for the delay falls in the lap of the defense. During that time period, the defense asked for 4 separate extensions to present written briefs in this case.
"Fox’s decision pretty much tracks and summarizes the government’s point of view."
No, it doesn't. When addressing the "evidence as a whole," Judge Fox is required to track/summarize ALL of the evidentiary claims in this case. Malley clearly didn't read the decision in its entirety.
"He held that all of the ambiguities, uncertainties, missteps, and simple contradictions which Jeff’s lawyers have pointed out over the years"
Malley ignores the mass of "ambiguities, uncertainties, missteps, and simple contradictions" put forth by his friend in the past 47 years.
"Fox noted that post-conviction, it is the defendant’s obligation to prove his innocence, and not the government’s duty to prove his guilt."
There ya go.
http://www.macdonaldcasefacts.com