Merged Jeffrey MacDonald did it. He really did.

[byn63]

There was no mistrial nor was there an "unfair trial". The 4th Circuit Court and the US Supreme Court have heard/reviewed this case more than any other murder case in history.

Just because you don't like the facts doesn't mean that if you post petty, immature, irrelevant, ignorant, vitriolic, racist, pathetic, unsubstantiated nonsense anything will change. THE FACTS are that inmate slaughtered his family and he was convicted.

FACT FACT FACT

 

[JTF]

Facts Trump Ignorance

Edited by kmortis: 

Removed previously moderated content and response to same.

CLAIM: Errol Morris has written that mistakes were made in the MacDonald case, and serious ones. That's right judgement.

RESPONSE: Morris can write about a unicorn residing in his backyard, but he will not be given any slack for making erroneous assertions in his dumpster fire book.

"The whole problem in the MacDonald case from the start is that it was a mistrial by the biased criminal trial judge Dupree. He was in charge of the MacDonald appeals with his biased colleague 'in bed with the prosecution' Judge Fox, and their colleagues in the 4th Circuit judges and the Supreme Court. MacDonald should have had an impartial judge. It's ludicrous and scandalous and unreported, and not investigated by the mainstream media. There should be government by the rule of law. It's Nazi justice. It's no good also for that stupid cop author Wambaugh saying MacDonald is a sociopath. Psychiatrists disagree with him about that. How would Wambaugh like it if he was charged with murder by the CID and FBI and his appeals were conducted by Judge Dupree? I suppose he would say he could afford expensive counsel."

I have no words.

http://www.macdonaldcasefacts.com

 

[Henri McPhee]

There was no mistrial nor was there an "unfair trial". The 4th Circuit Court and the US Supreme Court have heard/reviewed this case more than any other murder case in history.

Just because you don't like the facts doesn't mean that if you post petty, immature, irrelevant, ignorant, vitriolic, racist, pathetic, unsubstantiated nonsense anything will change. THE FACTS are that inmate slaughtered his family and he was convicted.

FACT FACT FACT

It's sheer ignorance of the facts.

 

[byn63]

It's sheer ignorance of the facts.

Yes indeed henri every single post you make is in sheer ignorance of the FACTS.

FACT: every single SOURCED piece of evidence points to inmate as the sole criminal actor in these murders.
FACT: the mystery hair E-6 that the DEFENSE always admitted had to come from the murderer was a 100% DNA match to inmate.
FACT: inmate's pj fibers were found on the murder club
FACT: fibers from inmate's pjs were found IN Kimmie's bed despite the fact that he claimed he was not wearing it when he "checked" on his kids.
FACT: fibers were found in the bedrooms but NONE in the living room where inmate claimed he used the top as a shield.
FACT: splinters from the club were found in the bedrooms but none in the living room.
FACT: the weapons came from the home.
FACT: inmate claimed to have attempted to resuscitate his family yet Kimmie and Kristy were IN THEIR BEDS one completely covered and one partially.
FACT: even a person with only a very basic knowledge of First Aid KNOWS that you do not attempt CPR with a person on a soft surface.
FACT: the rubber gloves matched in chemical composition to the ones inmate had in his cabinet and intruders would not have gone looking for gloves.
FACT: inmate is a narcissistic sociopathic bastard that slaughtered his family.

 

[Henri McPhee]

http://www.macdonaldcasefacts.com[/url]

There is a fair and just review of the Errol Morris Wilderness of Errors book about the MacDonald case on the internet by Merry Sheils, February 12, 2013 in Reading Around. This is part of it:

Did Jeffrey MacDonald do it?* The only one who knows for sure is he.* But Morris meets the standard of proof that MacDonald didn’t get a fair trial. A seven-day hearing was held in September 2012 to weigh new evidence in the case and to determine if it warrants a new trial.* As we go to press, the decision remains with the judge, and his decision will be forthcoming sometime in 2013.* We hope his decision is fair.

 

[Border Reiver]

Henri, who cares about a literary review? It is not the standard of proof that the convict received a fair trial - the standard of proof is a legal one and the many appeals that he has LOST clearly indicate that MacDonald is right where he belongs.

 

[Henri McPhee]

Yes indeed henri every single post you make is in sheer ignorance of the FACTS.

FACT: every single SOURCED piece of evidence points to inmate as the sole criminal actor in these murders.
FACT: the mystery hair E-6 that the DEFENSE always admitted had to come from the murderer was a 100% DNA match to inmate.
FACT: inmate's pj fibers were found on the murder club
FACT: fibers from inmate's pjs were found IN Kimmie's bed despite the fact that he claimed he was not wearing it when he "checked" on his kids.
FACT: fibers were found in the bedrooms but NONE in the living room where inmate claimed he used the top as a shield.
FACT: splinters from the club were found in the bedrooms but none in the living room.
FACT: the weapons came from the home.
FACT: inmate claimed to have attempted to resuscitate his family yet Kimmie and Kristy were IN THEIR BEDS one completely covered and one partially.
FACT: even a person with only a very basic knowledge of First Aid KNOWS that you do not attempt CPR with a person on a soft surface.
FACT: the rubber gloves matched in chemical composition to the ones inmate had in his cabinet and intruders would not have gone looking for gloves.
FACT: inmate is a narcissistic sociopathic bastard that slaughtered his family.

That mystery hair E-6 was unidentified until 2006, even when DNA could have identified it many years earlier. Malone of the FBI substituted that hair for the DNA testing at the AFIP lab for a MacDonald hair. Malone has been under investigation by the Justice Department for his false evidence in numerous murder trials in the past. One criminal defense lawyer has described Malone as a total liar. He has immunity from criticism and immunity from prosecution.

Fred Bost has said publicly that pajama fibers were not found on the murder club.

Pajama fibers could have been found in Kimmie's bed from the pajama pants which were incompetently lost when he was taken to hospital.

Pajama fibers may not have been found in the living room, and there are doubts about that, but there definitely were pajama fibers found at the spot where he said he fell unconscious. I could quote you from the Article 32 proceedings in 1970 about that.

Splinters just being in the bedrooms proves nothing. Macdonald might have been hit by Dwight Smith with a baseball bat.

There is no evidence at all that the knives or ice pick came from the MacDonald home apart from perjury at trial by Colette's mother and the babysitter, Kalin as then was.

The bodies could have been staged by Mitchell and Mazerolle, and even by Stoeckley.

MacDonald was a brilliant emergency room doctor and he knew what he was doing in that situation with CPR, unlike byn.

The intruders could have been wearing surgical gloves. One expert at trial testified that the surgical glove fragment found at the crime scene did not match any MacDonald surgical gloves.

Several psychiatrists and psychologists, including the forensic psychiatrist Dr. Sadoff, were fairly certain MacDonald didn't do it but Dupree didn't allow the jury to hear their testimony because he didn't want a battle of the experts! That's biased.

That's not including the numerous confessions by Stoeckley and Mitchell which were rejected and ignored by Judge Dupree while Mazerolle is prospering in New Jersey after going on the run for a year. Judge Dupree and Judge Fox and the 4th Circuit and Supreme Court and Joe McGinniss were clearly erroneous.

 

[byn63]

That mystery hair E-6 was unidentified until 2006, even when DNA could have identified it many years earlier.

DNA testing did not exist at the time of the trial. E-6 could not be identified Pre-DNA because it is the distal or tip portion of a limb hair. Only head and pubic hair have enough distinguishing characteristics to be microscopically compared.

That DNA testing was not done prior to the time it was, is on INMATE. HE had to file an appeal to request DNA testing be done. Once he did file, the testing was granted. The delay in DNA results are partially due to 9/11 since the lab that inmate etal selected was the Armed Forces Institute of Pathology which is the lab that had primary responsibility for identifying remains from that horrific event. The REST of the delays in DNA testing can be blamed solely on inmate. HE filed actions that stopped work several times.....one of which was because a microscopist at AFIP had done a paper on inmate's guilt in school.

Malone of the FBI substituted that hair for the DNA testing at the AFIP lab for a MacDonald hair.

OMG now you have gone way beyond the ridiculous and ignorant to just plain STUPID.

HOW exactly did Malone get the distal portion of a limb hair from inmate and substitute it with the hair in the evidence? HOW after he got this hair, without inmate knowing about it did he get dried blood on it? HOW did he get the hair to exactly match the description in the evidence log?

Fred Bost has said publicly that pajama fibers were not found on the murder club.

Too bad what Bost said, just like his ridiculous inaccurate book Fatal Joke HE WAS WRONG. PJ fibers were found on the club, removed and placed in a pill bottle or vial. The chain of evidence shows this plainly.

You really enjoy making up crap! You get more ridiculous with each passing nonsensical assertion.

Pajama fibers could have been found in Kimmie's bed from the pajama pants which were incompetently lost when he was taken to hospital.

the pj fibers were discarded at the hospital, that is sadly true, but at the time it was not common practice to keep the clothing of "victims" and when he arrived at the hospital they still thought he was.....

however, thanks to this case (and others) it would now be SOP to bag and tag the clothing AND to photograph the injuries or lack thereof....

Pajama fibers may not have been found in the living room, and there are doubts about that,

no pj fibers found in the living room - NO DOUBT ABOUT THAT AT ALL.

I could quote you from the Article 32 proceedings in 1970 about that.

You need to stop using the Article 32 as your end all be all source on forensic evidence. MOST of the evidence had yet to be analyzed at the time of the Article 32. Try using the FINAL SOURCE which would be the TRAIL TRANSCRIPTS and APPEALS transcripts for the FACTS in re: forensic evidence.

The bodies could have been staged by Mitchell and Mazerolle, and even by Stoeckley.

First of all, drugged-out hippies on a killing rampage would have left the bodies where the fell. They WOULD NOT have moved them from room to room.

Second Mazerolle was in jail the night of the murders WHICH HAS BEEN PROVEN BEYOND ALL DOUBT. Your continual comments to the contrary is beyond ignorant.

Third, Helena and Greg Mitchell were not there either.

....was a brilliant emergency room doctor and he knew what he was doing in that situation with CPR, unlike byn.

inmate certainly claimed to be a brilliant emergency room doctor. WHICH IS WHY I SAY I CALL ******** on his claims to have attempted resuscitation on his children. NO WAY IN HELL A DOCTOR WOULD ATTEMPT CPR ON A BED.

For external cardiac compression to be effective, the victim must be on a firm surface, such as the ground, the floor, or a spine board on a wheeled litter. If the victim is in bed, a board, preferable the full width of the bed, should be placed under his back. This is a quote from a manual on CPR, if "unknowing byn" who is by the way CPR certified, has a copy of the manual then a DOCTOR who had been to medical school would have been taught the same procedure.

As for the "biased" because Dupree chose not to have a battle of experts on psychiatric testimony....again I say Bull. The prosecution could have presented numerous experts to say inmate was the type to commit the murders. As the prosecution pointed out, if we prove beyond a reasonable doubt that he did it, we don't have to prove he was the type that could have.

Helena confessed and recanted and confessed and recanted. It is important to note that her confessions didn't match the evidence nor did they ever match inmates story. She wasn't there, she was a troubled drugged out girl with a penchant for telling tall tales. I don't believe Greg Mitchell ever said "I killed the MacDonald family" I do believe he said he did something terrible while in the Army. However, that is not the same thing and Greg could have been referring to something that happened in Vietnam.

henri, your claims were long ago disproven so why don't you stop twisting and turning things and making up bs out of whole cloth.....

 

[Henri McPhee]

OMG now you have gone way beyond the ridiculous and ignorant to just plain STUPID.

HOW exactly did Malone get the distal portion of a limb hair from inmate and substitute it with the hair in the evidence? HOW after he got this hair, without inmate knowing about it did he get dried blood on it? HOW did he get the hair to exactly match the description in the evidence log?

It's what is known technically as making up evidence and forensic fraud by the FBI lab. Every kind of corruption and abuse becomes rife unless there is criticism.

There is some background to this at this website:

www.koelerlaw.net/2010/05/on-michael-malone-and-the-jeffrey-macdonald-case

Malone had been, as it turns out, a one-man conviction machine before being transferred out of forensics in 1997, a man whose testimony played a key role in securing convictions for Donald Gates and a number of other defendants. He lied about having done tests and research he never conducted.* He got on the stand and testified to scientific conclusions completely unsupported by the facts. He was the “go-to” guy for prosecutors.* When other analysts refused to testify for the government, citing contrary or inconsistent results, prosecutors knew they could go to Malone for the testimony they were seeking. Malone could always be counted on to testify to whatever they needed him to say.

Multiple prosecutors, both federal and state, called Michael Malone to the stand to testify for the government in numerous cases when they either knew or should have known that the testimony he was about to deliver was false. Multiple supervisors within Malone’s chain of command at the FBI refused to take corrective action when alerted to repeated instances of Malone’s perjury.* Malone was relieved of his forensic responsibilities in 1997 and retired in 1999, and while the government claims it is now investigating him and other analysts against whom similar accusations have been leveled, Malone has never, as far as I know, been disciplined or sued.* And, in many cases, Justice officials waited for years (13 years in the Donald Gates case) to notify defense counsel of the Malone abuses.

 

[Henri McPhee]

That website I gave above does not link to this forum for some reason.

Murtagh cunningly got biased Judge Dupree to rule that the testimony at the Article 32 proceedings could not be presented to the court for the 1979 trial on the quite ludicrous grounds that it was ten years old. Army CID agent Shaw said then that no fibers were found in the living room, which I think was because the forensic investigation was botched. He did admit that pajama fibers were found in the hallway which corroborates MacDonald's story.

The matter was discussed with Shaw with MacDonald lawyer Eisman in 1970:

Q If it were just wrapped around his arm in the living room, there would be, possibly, a small amount of fibers there, and when he ripped it off completely, breaking the seams, that the profusion of fibers would be found in the bedroom and that would be consistent with his story, would it not?
A No.
Q It wouldn't?
A No, because he states it was ripped in the living room. He started down the hallway and he wound up unconscious on the hall floor. There are no fibers in the living room -- we found none -- let's put it that way, and we searched very diligently for fibers in the living room or the couch and in the kitchen and dining room we found none. We did find one group of fibers, or threads, I am not sure which, at the entrance to the hallway, floor to the living room. We found a great many fibers all over the bedroom floor. I was asked before where most of them were found, but in fact they were found through the traveled area of this bedroom floor.
Q Captain MacDonald never said it got ripped; he said it somehow got entangled over his arm in the living room in the struggle and he staggered into the hallway and became unconscious, is that your recollection also of his story?
A Yes, sir.
Q And then he regained consciousness and went into the bedroom and then took off the top or freed his hands?

 

[Henri McPhee]

First of all, drugged-out hippies on a killing rampage would have left the bodies where the fell. They WOULD NOT have moved them from room to room.

Second Mazerolle was in jail the night of the murders WHICH HAS BEEN PROVEN BEYOND ALL DOUBT. Your continual comments to the contrary is beyond ignorant.

Third, Helena and Greg Mitchell were not there either.

..

I entirely disagree. MacDonald said he didn't move any bodies and Stombaugh of the FBI, who was a hair and fiber man, and not a fabric impression man never proved MacDonald did move any bodies, or anybody else moved bodies. The matter was hotly disputed in court.

Mazerolle was on the run after the MacDonald murders for about a year and there is no doubt about that. There is no record of him appearing in court until a year later.

Helena and Greg Mitchell made numerous confessions. That would be of interest to a homicide detective who wasn't some kind of social worker, or involved in drug smuggling.

 

[byn63]

I entirely disagree. inmate said he didn't move any bodies and Stombaugh of the FBI, who was a hair and fiber man, and not a fabric impression man never proved MacDonald did move any bodies, or anybody else moved bodies. The matter was hotly disputed in court.

Once again you are wrong. There is plenty of proof that the bodies were moved, and there is plenty of proof that inmate was the sole perpetrator so therefore inmate moved the bodies. The major proof of Kimmie being moved is that there was a 6" full thickness stain of her blood and probably brain serum near the closet in the master bedroom. Thus, Kimmie was injured in the master bedroom and then moved back to her room a tucked into bed. Also, there is the blood trail from the master bedroom to Kimmie's room in HER blood. The major proof that Colette's body was moved is the massive amount of her Type A blood on the wall above Kristy's bed, on the bed covers, and of course the 3 bloody footprints EXITING Kristy's room that belonged to inmate but were made in Colette's blood. It was not hotly contested in court.

Mazerolle was on the run after the MacDonald murders for about a year and there is no doubt about that. There is no record of him appearing in court until a year later.

Allen M WAS IN JAIL ON THE NIGHT OF THE MURDERS. PRINCE BEASLEY ARRESTED HIM IN JANUARY AND HE DIDN'T RAISE BAIL MONEY AND GET RELEASED UNTIL MARCH. PERIOD. That is FACT. Your ridiculous comments to the contrary are really tiring. EVERYONE ELSE even other ignorant persons who support the mass murdering bastard inmate don't believe that Allen M was involved in any way. There is certified documentation that PROVES THIS BEYOND ALL DOUBT. Allen M's court appearances have nothing to do with this case they are irrelevant. HE WAS IN JAIL THAT IS A FACT.

Helena and Greg Mitchell made numerous confessions. That would be of interest to a homicide detective who wasn't some kind of social worker, or involved in drug smuggling.

No, Helena confessed and recanted and confessed and recanted and confessed and recanted. Greg Mitchell did not. NONE of Helena's confessions matched the evidence, the crime scene, or inmate's story. What the detective was or was not is irrelevant. There is absolutely no evidence to point to ANYONE other than inmate being involved. making accusations up out of "fantasy" is not the same thing. Either put up PROOF not opinion and not fantasy but actual proof or move on......

 

[byn63]

It's what is known technically as making up evidence and forensic fraud by the FBI lab. Every kind of corruption and abuse becomes rife unless there is criticism.

It is what is known as ********. Nobody made up any evidence there was no forensic fraud. What happened is that a lying, sociopathic, narcissistic bastard slaughtered his family and has spent the last 40 years trying to get out of his just punishment. What also has happened is that some internet trolls like to come onto the boards and make outlandish accusations, insult the good guys, the other posters and the victims (and their remaining family) and act as if everyone else is wrong.

The FACT is that IF there had been some big conspiracy against inmate it would have all come out in the wash long ago. As I have pointed out to you numerous times, 3 men may keep a secret only have 2 of them are dead. It was true when Benjamin Franklin said it and it is even more true now in the 21st Century.

 

[Henri McPhee]

Once again you are wrong. There is plenty of proof that the bodies were moved, and there is plenty of proof that inmate was the sole perpetrator so therefore inmate moved the bodies. The major proof of Kimmie being moved is that there was a 6" full thickness stain of her blood and probably brain serum near the closet in the master bedroom. Thus, Kimmie was injured in the master bedroom and then moved back to her room a tucked into bed. Also, there is the blood trail from the master bedroom to Kimmie's room in HER blood. The major proof that Colette's body was moved is the massive amount of her Type A blood on the wall above Kristy's bed, on the bed covers, and of course the 3 bloody footprints EXITING Kristy's room that belonged to inmate but were made in Colette's blood. It was not hotly contested in court.

Eisman at the Article 32 proceedings in 1970 presented the logical theory to me that any dripping blood, or brain serum, could have come from the wooden club murder weapon being taken from room to room by Mazerolle and Mitchell. Stombaugh of the FBI never proved his case that bodies were moved. The average IQ of a tough American cop is not high, and neither is the Army CID or FBI. We don't know for certain that the Army CID blood typing was accurate. Dr. Thornton was never allowed to test the blood evidence.

The matter was discussed at the Article 32 in 1970:

This blood evidence matter in the MacDonald case was mentioned in the CID agent Shaw testimony at the Article 32 in 1970:

QUESTIONS BY CAPTAIN DOUTHAT:
Q Mr. Shaw, you said a few minutes ago that you were of the opinion that Kimberly did not, in fact, receive fatal injuries in her own bedroom, but that in fact they were inflicted someplace else and she was then returned to her own bedroom. Am I correct in saying that you said that?
A Yes.
Q And I thought I heard you also say that that was for the purpose of making the investigators believe that she had been killed in her own bedroom. Am I correct in stating that?
A That is correct.
Q Would you tell me on what you base your opinion that someone did either of those things, if in fact they happened at all, for the purpose of misleading investigators?
A I am not sure what you mean when you say that.
Q You stated in your answer before that you pieced together just what you called the sequence here of an injury inflicted on the child other than in her bedroom?
A Yes.
Q That she was then, in your opinion, returned to her own bedroom?
A (Affirmative nod.)
Q Is that right?
A Yes.
Q And that that was done to make it appear--I believe those were your words--that she had in fact been fatally injured in her own bedroom rather than fatally injured in the master bedroom, is that what you have concluded?
A Yes.
Q What I want to know is, what is the basis for your opinion that someone was trying to lead investigators to believing that she was killed in her own bedroom, if you think there is evidence to the contrary?
A Well, I think the killer was trying to set up a false set of circumstances to be reconstructed by the investigators in this case, and just that.

QUESTIONS CONTINUED BY ATTORNEY EISMAN:
Q What possible motive would Jeffrey MacDonald--assuming your theory is that he did it--that is your theory, isn't it? I assume that is why we are here. Assuming that Jeffrey MacDonald did it, what possible motive would he have for removing the child from the master bedroom and placing her back in her own bed and making it appear like she was killed in her own bed? Do you have any possible motive for that?
A Well, I know that he has told us and others, that during the time he was being attacked he heard his oldest daughter, Kimberly, screaming or calling, yelling in her bedroom.
Q He said he heard her yelling in the bedroom and he said he knew where she was yelling from?
A That was the impression I received from what he said. You have copies of his statement.
So in my opinion that places her in her own bedroom, according to his statement, and under some kind of stress. As to why he would stage this scene, specifically this way, I do not know. I have no opinion about

 

[byn63]

Once again you are fighting a battle of wits unarmed henri. the article 32 is not the be all and end all, and in fact, it was a fiasco in more ways then one. THE PROOF and the EVIDENCE that convicted inmate was at the Grand Jury and the TRIAL.

He's guilty - get over it

 

[desmirelle]

<snip of excessive (even for Henri) drivel and nationality insults> Dr. Thornton was never allowed to test the blood evidence.

<snip of more drivel>:

What part of "Bernie Segal didn't send him in time to do what he (Dr. Thornton) needed to do for defense purposes" eludes you? Bernie Segal was the lead defense attorney and in charge of this. You can't RATIONALLY blame anyone but him and Macdonald (who was Segal's employer) for anything Thornton was or was not able to do.

 

[JTF]

High Comedy

The landlord's recent postings are the essence of black comedy. Rinse and repeat. Regurgitate at will. Hey, there's a unicorn grazing in my yard. Proof? Because I said so!!

CLAIM: Eisman at the Article 32 proceedings in 1970 presented the logical theory to me that any dripping blood, or brain serum, could have come from the wooden club murder weapon being taken from room to room by Mazerolle and Mitchell. Stombaugh of the FBI never proved his case that bodies were moved. The average IQ of a tough American cop is not high, and neither is the Army CID or FBI. We don't know for certain that the Army CID blood typing was accurate. Dr. Thornton was never allowed to test the blood evidence.

RESPONSE: Logical theory to you, eh? Last time I checked, Eisman did not claim that Mazzerolle and/or Mitchell were involved in this heinous crime. Stombaugh proved to the only people that really matter (e.g., 1979 jury) that inmate transported Colette/Kimmie in the blue bedsheet. Last time I checked, Thornton never considered nor requested to analyze the blood evidence in this case. If memory serves, Thornton was not a serologist, but a blood spatter expert.

http://www.macdonaldcasefacts.com

 

[Henri McPhee]

What part of "Bernie Segal didn't send him in time to do what he (Dr. Thornton) needed to do for defense purposes" eludes you? Bernie Segal was the lead defense attorney and in charge of this. You can't RATIONALLY blame anyone but him and Macdonald (who was Segal's employer) for anything Thornton was or was not able to do.

That's being prejudiced and emotional. I speak only as to facts and not to opinions or beliefs. Army CID agent Shaw had an opinion that bodies were moved and that Colette murdered one of the little girls. Personally, I think that's a lot of bollocks and its not fact or evidence. The FBI with Stombaugh and Shirley Green then tried to 'find' the evidence to back up that Shaw theory without facts, and they never proved their case. MacDonald was screwed.

Segal and Dr. Thornton were frustrated by Judge Dupree and Murtagh from examining or testing any of the forensics after the Grand Jury in 1975, except for the pajama top and the bedsheet, or even seeing the lab notes in time for the trial. Information about black wool fibers on the woden club murder weapon with no known source or blonde synthetic hair like fibers at the crime scene with no known source were illegally withheld at the trial by Murtagh. They were relevant and forensically significant. The 4th Circuit judges and the Supreme Court should find out about this.

There is information about this matter at:

www.dingeengoete.blogspot.co.uk/2012/07/dr-jeffrey-macdonald.html

Bernie Segal had hired an expert forensic scientist, Dr. John Thornton, to examine and assess the physical evidence. Thornton was hired in 1975 right after MacDonald was indicted by the grand jury. For four years, the government did not allow Thornton to even look at the evidence or see the laboratory notes from the original Army investigation or the FBI analysis.

Incredibly enough, the government did not allow the defense even to see the evidence until a few weeks before the trial, and even then the judge would not allow the defense any lab testing on the evidence. The Army had taken six months to complete the testing of that same physical evidence years before.

Even worse, Murtagh only allowed Thornton to examine the evidence one time in a small jail cell where box after box of papers and folders were stacked all around the room. Given so little time to look at the evidence with no indication of what they were looking at, the defense team was completely shackled. The handwritten lab notes, against which Segal could have checked the honesty of the Army CID technicians, were still held back from the defense.

How could this be? "In almost any state court," Segal explained, "the examination of evidence in a murder trial would be a given right of the defense experts. But not with the feds. It's up to the judge's discretion." And Judge Franklin Dupree was in bed with the prosecution.

 

[desmirelle]

That's being prejudiced and emotional. I speak only as to facts and not to opinions or beliefs. Army CID agent Shaw had an opinion that bodies were moved and that Colette murdered one of the little girls. Personally, I think that's a lot of bollocks and its not fact or evidence. The FBI with Stombaugh and Shirley Green then tried to 'find' the evidence to back up that Shaw theory without facts, and they never proved their case. MacDonald was screwed.

Segal and Dr. Thornton were frustrated by Judge Dupree and Murtagh from examining or testing any of the forensics after the Grand Jury in 1975, except for the pajama top and the bedsheet, or even seeing the lab notes in time for the trial. Information about black wool fibers on the woden club murder weapon with no known source or blonde synthetic hair like fibers at the crime scene with no known source were illegally withheld at the trial by Murtagh. They were relevant and forensically significant. The 4th Circuit judges and the Supreme Court should find out about this.

Point of Fact: Each of the highlighted area is an opinion or belief of yours. So, you lied in your second sentence of the first paragraph.

Point of Fact: You express prejudice every time you refer derogatorily to someone as "Irish".

Point of Observation: Denial, it's Henri's preferred reality. Apparently, it's not in Egypt anymore.

 

[Henri McPhee]

Point of Fact: Each of the highlighted area is an opinion or belief of yours. So, you lied in your second sentence of the first paragraph.

Point of Fact: You express prejudice every time you refer derogatorily to someone as "Irish".

Point of Observation: Denial, it's Henri's preferred reality. Apparently, it's not in Egypt anymore.

It's not my opinion. Murtagh broke the Brady law on the disclosure of exculpatory evidence to the defense. Judge Dupree had a bit to say about this matter at the 1979 trial, though he didn't mean it in practice.

THE COURT:**All right, sir. Well, gentlemen, the discovery available to a Defendant and to the Government, too, for that matter, in a criminal proceeding, is outlined in Rule 16.

****And it has been held that that does not authorize the discovery of statements made by the Government witnesses or prospective witnesses, except as provided by the Jencks Act.

****Now, it is my invariable practice to implore the Government to display everything in their power that could in any way be helpful to a Defendant. If you don't do it you run afoul of the Brady Rule, and you will be back.

****And of course one of these days it could all be -- in connection with a post-trial proceeding -- be compelled to be disclosed, and then we could see whether or not it does.

****The Government takes that chance. You say that you have nothing that is exculpatory. That's your position at this time. With respect to the grand jury testimony, that is covered in Rule 6. And you, I assume, are standing on your right with that law, but you are going to let him have some?