Merged Jeffrey MacDonald did it. He really did.

[byn63]

MacDonald's special brand of b.s. was at its apex during the 4/6/70 CID interview. When asked by CID investigators why he didn't go to his neighbors for help, he countered by describing one of his female neighbors as being a Peeping Tom and that he didn't know the remaining neighbors that well.

As Freddy Kassab pointed out in his notes, how well does one have to know his neighbors when his entire family has been slaughtered? In addition, MacDonald knew his neighbors well enough to invite them over for a Christmas party.

http://www.macdonaldcasefacts.com

this was one of the first things that I heard that decided the question once and for all - inmate is guilty. I was predisposed to believe him guilty, but I hadn't done much (any) research when I first joined the discussions.

I remember when I joined at the old A & E boards. Poster Justthefacts aka JTF had posed the question what do the following facts say to you? And then he listed about 10 evidentiary items. I replied with little to no knowledge of the case (I'd seen the TV movie made from Fatal Vision) and then JTF, bunny, cami, jednme all responded quickly with information and details. By the end of the week I had ordered Fatal Vision from Amazon and was visiting websites with information about the case. I have a copy of the FRE on my desk in case we get into legal based discussions and I have friends and colleagues that just shake their heads at the information about this case that I can spout off without reaching for my notes. I blame JTF - he and the others kidnapped me and now I cannot leave the discussion roflmao! have a great day everyone!

 

[JTF]

Deception

Shortly after grilling MacDonald about his history of serial philandering, Daniel Kornstein used the cassette tapes provided to McGinniss by MacDonald, to destroy inmate's claim that he and Colette were happily married.

KORNSTEIN: Wasn't the marriage filled with lying and deception from start to finish?

MACDONALD: No, I wouldn't categorize it that way.

KORNSTEIN: Each segment you refer to in the tapes, as the summer of '64 was a low point, medical school, the first year, was a tough hard year. The trip from Patchogue to Chicago was a disaster. The second year was not a good year; it was our worst year. The internship was a horrendous year, a brutal year. And you looked forward to the Army to get away from the pressures, and you spent the first two months partying all night with women in Sam Houston, Fort Sam Houston, and at Fort Benning. Now, doesn't that show you a marriage filled with stress, pressures, and lying, and deception?

http://www.macdonaldcasefacts.com

 

[byn63]

The court apparently requested Exhibit 1135, which is a transcript of Jeffrey MacDonald's April 6, 1970 CID interview (from pacer/copied from another board)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 3:75-CR-26-F
No. 5:06-CV-24-F
UNITED STATES OF AMERICA )

v. ) NOTICE OF FILING
)
JEFFREY R. MacDONALD, )
Movant )
The United States of America, by and through the United States Attorney for the Eastern District of North Carolina, hereby submits, at the Court’s request, a copy of a trial exhibit in the above-captioned criminal case, and shows until the Court the following:

Attachment 1 hereto is a copy of Government Exhibit 1135, which was introduced into evidence in the jury trial on August 7, 1979 (Trial Day 13). See Trial Transcript at 3959 (also cited TD 13-16, i.e., Trial Day 13, Page 16).

Respectfully submitted, this 17th day of April, 2014.
THOMAS G. WALKER
United States Attorney
BY: /s/ John Stuart Bruce
JOHN STUART BRUCE
First Assistant U.S. Attorney
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601
Ph.(919) 856-4530;
Fax: (919) 856-4487
E-mail: john.bruce@usdoj.gov;
North Carolina Bar No. 8200
Case 3:75-cr-00026-F

Document 353 Filed 04/17/14 Page 1 of 3

BY: /s/ Brian M. Murtagh
BRIAN M. MURTAGH
Special Assistant U.S. Attorney
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601
E-mail: brian.murtagh@usdoj.gov
Ph. (919) 856-4530;
Fax: (919) 856-4487
D.C. Bar No. 108480
BY: /s/Leslie K.Cooley
LESLIE K. COOLEY
Assistant U.S. Attorney
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601
Telephone: (919) 856-4530
Fax: (919) 856-4487
E-mail: leslie.cooley@usdoj.gov
North Carolina Bar No. 3387
Case 3:75-cr-00026-F

 

[JTF]

Fresh Perspective

I assume that Judge Fox wanted to take a look at the freshest interview with MacDonald as the MAIN suspect in this case. That interview captures the thought process of a psychopath and the 1979 jury was allowed to hear the audio recording of that interview. This request by Judge Fox does not bode well for MacDonald.

http://www.macdonaldcasefacts.com

 

[byn63]

I assumed that this request was most likely a death knell to inmate's slim chances of relief. My gut says that Judge Fox is gathering up the last of the nails needed to seal the coffin.

 

[Henri McPhee]

I don't know why Judge Fox suddenly seems to want a transcript of the April 1970 CID agent interview with Dr. MacDonald. The transcript has been up on the internet for years and it indicates to me that Judge Fox is totally out of touch with the case. In any case Dr. MacDonald was honest and candid and truthful at the time and it in no way proves any guilt, as shown by the Article 32 verdict of innocence.

There were no violent arguments in the MacDonald family. Kassab himself stated publicly that Dr MacDonald was most caring and sympathetic to Colette when she had a difficult birth for one of the little girls in a hospital in somewhere like Cleveland.

I don't know why Byn keeps saying that Kearns probably schizophrenic theory without facts that Kristen wet the bed after a urine stain was tested after eighty weeks is a scientific fact. It's like saying floods don't happen. It's not logical, like Tony Blair supports the military dictatorship in Egypt while supporting the opposition to a military dictatorship in Syria

 

[Henri McPhee]

The palm print in no way indicates guilt as JTF seems to think. This is a sensible opinion about the matter from 1999, though I think the MacDonald case wiki seems to say that no palm print was found. I don't know which lies to believe. I wasn't there at the time:

"An adult bloody palmprint found on the footboard of the bed in the
masterbedroom just a few feet from Colette's body. This print was tested
against Jeff, Colette, and every known person to be in the home after the
murders, (over 100 people). The print remains unidentified.
In any crime fingerprints are collected from the crime scene to try to match
to suspects. In any murder case bloody prints are more important than regular
prints. The government has always stated that the MacDonald family were the
only ones in the home that night. The adult print was not Colette's or Jeff's
so that eliminates the MacDonald family as sources. The print was not any of
the MP's,investigators, medics, spectators,etc. who were in the home after
the murders. So whose print was it? This is CRITICAL evidence but yet the
government kept this from the defense and jury. Someone please explain this
to me."

 

[Henri McPhee]

I should have said that it was the Kearns theory that Kim wet the bed when in fact it was Kristen as Dr. MacDonald always said. The so-called evidence in the MacDonald case can get your head spinning.

 

[byn63]

I don't know why Judge Fox suddenly seems to want a transcript of the April 1970 CID agent interview with MacDonald. The transcript has been up on the internet for years and it indicates to me that Judge Fox is totally out of touch with the case.

First of all Henri whether or not the April 1970 interview transcripts have been online for 1 day or 10 years is of no consequence. Judge Fox asked for a copy of the full transcripts for a reason, and most of us think it is to put the final nail in inmate's coffin. Secondly, as you have been told ad nauseum inmate is no longer entitled to the honorific Dr. and your insistence on using it just makes you look silly.

In any case MacDonald was honest and candid and truthful at the time and it in no way proves any guilt, as shown by the Article 32 verdict of innocence.

There was no VERDICT in the Article 32. Despite the latest trend of trying to make it seem as if he'd had a full tribunal, the fact is that the charges were dropped due to insufficient evidence. THAT IS NOT THE SAME THING AS INNOCENT. JTF has told you before not all the evidence was available at the Article 32 and as usual you ignored what you were told. I know you hate it when we insist on clouding your prejudices with FACTS!

I don't know why Byn keeps saying that Kearns probably schizophrenic theory without facts that Kristen wet the bed after a urine stain was tested after eighty weeks is a scientific fact.

FACE FACTS Henri. Peter Kearns was a damn good investigator and he was not schizophrenic or mentally ill in any form. 80 weeks or 80 years WOULD NOT CHANGE THE FACT that it is medically and scientifically impossible for Kristen to have made the urine stain on the master bed. The stain tested w/Antigen A and no antibodies.

Thus the only two people who could have made that stain were Kimmy or Colette. Age does not change things. IF Kristen had made the stain there would have been antigen H. period She had type O blood so that is the ONLY Antigen that she had in her blood period. THAT IS SCIENTIFIC FACT.

 

[byn63]

I should have said that it was the Kearns theory that Kim wet the bed when in fact it was Kristen as MacDonald always said. The so-called evidence in the MacDonald case can get your head spinning.

Once again Henri this is not a matter of opinion. There is no way that Kristen wet the bed. The stain, although it was old, tested for Antigen A. Thus, scientifically only Colette or Kimmie could have made the stain. Kristen had type O blood therefore here blood contained Antigen H and no antibodies.

The urine stain tested for Antigen A and no antibodies. The scientists stated that could be the age of the stain, but no matter how old the only two people in that house that could have made the stain were the Type A (Colette) and Type AB (Kimmie). Age does not turn Antigen H into Antigen A.

 

[byn63]

The palm print in no way indicates guilt as JTF seems to think. This is a sensible opinion about the matter from 1999, though I think the MacDonald case wiki seems to say that no palm print was found. I don't know which lies to believe. I wasn't there at the time:

"An adult bloody palmprint found on the footboard of the bed in the
masterbedroom just a few feet from Colette's body. This print was tested
against Jeff, Colette, and every known person to be in the home after the
murders, (over 100 people). The print remains unidentified.
In any crime fingerprints are collected from the crime scene to try to match
to suspects. In any murder case bloody prints are more important than regular
prints. The government has always stated that the MacDonald family were the
only ones in the home that night. The adult print was not Colette's or Jeff's
so that eliminates the MacDonald family as sources. The print was not any of
the MP's,investigators, medics, spectators,etc. who were in the home after
the murders. So whose print was it? This is CRITICAL evidence but yet the
government kept this from the defense and jury. Someone please explain this
to me."

You really do like to ignore evidence.

there was no bloody palmprint. there was blood and there was a partial palm print on the footboard of the master bedroom. TWO different things. if the print had been bloody it would have been listed as a PATENT print not a latent print. that is FACT. the entire bloody palmprint b.s. story came about as part of the Bost Short Study. Bost took two different evidentiary items and tried to portray it as one. This one was debunked a long long time ago.

 

[JTF]

That Old Chestnut

No individual with a semblance of critical thought would pass over facts put forth in 2013 court documentation, for web-based claims in 1999. Not only did the government remind Judge Fox that there is no documentation of a "bloody palm print" being found on the master bed footboard, there is photographic evidence that this claim is the result of a conflation of two separate evidentiary items.

www.macdonaldcasefacts.com

 

[Bunny]

I thought the following chain of events would be of interest to those who have more than a cursory understanding of the facts of this case. Since the publication of FATAL VISION, it has always been assumed that a pajama fiber found lodged under Kristen's fingernail was later lost at the Fort Gordon lab. In re-reading some of the legal haggling (e.g., documents from 2001-2005) in regards to DNA testing procedures, I discovered that the pajama fiber was never lost.

Thanks to JTF for pointing me to this forum. And a big hello to my old friend Byn! I don't post often anymore because I'm still hard at work on new MacDonald-case projects, but I can see there's a lot of good reading to do here (although I think I'll skip Henri's posts, since they basically seem to be the same nonsense he's been spouting for years under various screen names).

Re: The so-called "lost" fiber from Kristen's fingernail scrapings:

Some months after I discovered that this crucial piece of evidence still existed, I told JTF about my findings, then sent him a link to a 2005 document posted on CrimeArchives.net, where stipulations concerning this fiber were being proposed.

JTF then began some research, and found a line from Stombaugh's 1974 notes which read, "D-237 Fingernails left hand Kristen." Stombaugh was doing fiber analysis, so the fiber obviously still existed in 1974, and was not lost early in 1970 as so many had always believed.

This spurred me to do more digging, whereupon I found this in the July 1, 2013 Gov't Post-Hearing Memorandum: "It would make no substantive difference whether the cotton pajama fiber in the actual fingernail scrapings from Kristen’s left hand, found by Dillard Browning on March 9, 1970, came from the pajama bottoms or the top." A reference was then made to exhibit DE-215 and its paragraphs 8-11. After more research, I found that DE-215 was the Nov. 20, 2009 affidavit of Dillard Browning, who had examined this fiber in 1970.

Paragraphs 8-11 refer to his 1970 analysis, and he concluded by saying, "This fiber was extremely small and required needle tweezers to separate it from the blood. After it was microscopically compared to the material of the pajama top, I did not return the fiber to the pill vial. To the best of my recollection it was consumed in the course of further examinations."

I then sent JTF the links to the Memorandum and to Browning's affidavit, and we agreed that the conclusion was inescapable: It appears that Browning was wrong in his recollections; that the fiber still existed on a slide in 2005, and almost certainly still exists today.

The revelation that the fiber from Kristen's nail scrapings was never "lost" was there on CrimeArchivs.net/1979_macdonald/ for anyone to read. But as JTF so rightly pointed out elsewhere, no "collector" or researcher ever seems to have realized that this crucial fiber still exists, which just goes to show that now matter how many years one spends looking into the facts, there can always be something new to discover.

 

[Bunny]

Shortly after grilling MacDonald about his history of serial philandering, Daniel Kornstein used the cassette tapes provided to McGinniss by MacDonald, to destroy inmate's claim that he and Colette were happily married.

Good catch, JTF! That whole exchange is destined to be preserved for posterity in my personal notes. Mac rarely told the truth about anything, it seems, and this is no exception.

I also wanted to reiterate what I've said to you on other boards and in private: Your research abilities and your insights have always been, and continue to be an inspiration to me and to many others. There's no room in my world for flame-baiters, or for people who claim to be researchers but who provide readers with factual errors and misinformation, and I think you feel the same way. I remember when you first started posting years ago, I thought to myself, "Now here's someone who actually seems to know what he's talking about," and that certainly proved to be true. You take an in-depth and serious approach to your research, which is as it should be.

I may not post often, but I'm definitely looking forward to reading what you've had to say here, along with the posts of all the others here who have a passion for seeking the real truth in this case.

 

[Ampulla of Vater]

Thanks to JTF for pointing me to this forum. And a big hello to my old friend Byn! I don't post often anymore because I'm still hard at work on new MacDonald-case projects, but I can see there's a lot of good reading to do here (although I think I'll skip Henri's posts, since they basically seem to be the same nonsense he's been spouting for years under various screen names).

Re: The so-called "lost" fiber from Kristen's fingernail scrapings:

Some months after I discovered that this crucial piece of evidence still existed, I told JTF about my findings, then sent him a link to a 2005 document posted on CrimeArchives.net, where stipulations concerning this fiber were being proposed.

JTF then began some research, and found a line from Stombaugh's 1974 notes which read, "D-237 Fingernails left hand Kristen." Stombaugh was doing fiber analysis, so the fiber obviously still existed in 1974, and was not lost early in 1970 as so many had always believed.

This spurred me to do more digging, whereupon I found this in the July 1, 2013 Gov't Post-Hearing Memorandum: "It would make no substantive difference whether the cotton pajama fiber in the actual fingernail scrapings from Kristen’s left hand, found by Dillard Browning on March 9, 1970, came from the pajama bottoms or the top." A reference was then made to exhibit DE-215 and its paragraphs 8-11. After more research, I found that DE-215 was the Nov. 20, 2009 affidavit of Dillard Browning, who had examined this fiber in 1970.

Paragraphs 8-11 refer to his 1970 analysis, and he concluded by saying, "This fiber was extremely small and required needle tweezers to separate it from the blood. After it was microscopically compared to the material of the pajama top, I did not return the fiber to the pill vial. To the best of my recollection it was consumed in the course of further examinations."

I then sent JTF the links to the Memorandum and to Browning's affidavit, and we agreed that the conclusion was inescapable: It appears that Browning was wrong in his recollections; that the fiber still existed on a slide in 2005, and almost certainly still exists today.

The revelation that the fiber from Kristen's nail scrapings was never "lost" was there on CrimeArchivs.net/1979_macdonald/ for anyone to read. But as JTF so rightly pointed out elsewhere, no "collector" or researcher ever seems to have realized that this crucial fiber still exists, which just goes to show that now matter how many years one spends looking into the facts, there can always be something new to discover.

Welcome to JREF, Bunny. It is nice to meet a fellow member who is intrigued by crime and criminal investigations, as are several of us on this forum. This case was one of the first in which I became interested, when I read Fatal Vision many years ago. It is unbelievable that it is still being discussed so many years later. People such as MPhee are simply unable or unwilling to see through the bull feces perpetuated by MacDonald and his rapidly dwindling supporters.

 

[byn63]

Hi yourself bunny good to see you participating in the discussions again since I hold you and JTF primarily responsible for me researching this case! LOL! (remember the old A&E board)

 

[KatieG]

I don't know why Judge Fox suddenly seems to want a transcript of the April 1970 CID agent interview with Dr. MacDonald. The transcript has been up on the internet for years and it indicates to me that Judge Fox is totally out of touch with the case. In any case Dr. MacDonald was honest and candid and truthful at the time and it in no way proves any guilt, as shown by the Article 32 verdict of innocence.

There were no violent arguments in the MacDonald family. Kassab himself stated publicly that Dr MacDonald was most caring and sympathetic to Colette when she had a difficult birth for one of the little girls in a hospital in somewhere like Cleveland.

I don't know why Byn keeps saying that Kearns probably schizophrenic theory without facts that Kristen wet the bed after a urine stain was tested after eighty weeks is a scientific fact. It's like saying floods don't happen. It's not logical, like Tony Blair supports the military dictatorship in Egypt while supporting the opposition to a military dictatorship in Syria

This is absolutely false. MacDonald wouldn't know the truth if it walked up and slapped him. All his testimony was a lie, easily proven by the blood evidence.

 

[JTF]

Food For Thought

In regards to the issue of the suitcase found next to the footboard of the master bed, I came across the following on page 49 of Fatal Justice.

http://www.macdonaldcasefacts.com/html/suitca...

"When military policeman Robert Duffy first entered the master bedroom, he noticed a bureau drawer as open and the contents appeared to have been rifled. By the time photographs were made later in the morning, that drawer was closed."

Bost and Potter use this claim as an example of poor crime scene preservation, but what they didn't realize is that this may explain why the suitcase was empty when inspected by William Ivory. If this claim is true and the bureau was a reference to Colette's dresser, does it prove that MacDonald emptied the contents of the suitcase into Colette's bureau/dresser?

 

[JTF]

Rationale

There is no indication as to why Judge Fox requested the transcript of the 4/6/70 CID interview, but it is quite possible that he merely misplaced the transcript and was seeking another copy. It is important to note that he only received Part One of the transcript, so I would assume he had Part Two in his possession.

Claiming that Judge Fox is "out of touch" with this case is laughable. He has been the Judge of Record for 19 years, he has denied MacDonald relief on two separate occasions, and he listened to testimony for 5 days at an evidentiary hearing in 2012.

http://www.macdonaldcasefacts.com

 

[byn63]

My critical thinking skills are quite adequate than you very much. The problem is that the drunken Irish son of a bitch Joe McGinniss wrote some silly book about the MacDonald case about an amphetamine psychosis which was proved later not to be true in court,....

Henri your critical thinking skills are non existent.

What does Joe M's nationality have to do with anything? Nothing. Also, you have no right to proclaim hims to be drunk or an SOB. Fatal Vision is a masterful True Crime book. In all the years since its publication NO SUBSTANTIVE ERRORS have been located. Compare that to the piece of crap defense book Fatal Joke (ok I know Justice) which we have estimated at 1 substantive error every 5 pages minimum.

The amphetamine psychosis was in the epilogue portion of Fatal Vision AND was clearly stated as his personal opinion. HOWEVER, the possibility was NEVER discussed in court. At the time, there was no testing for amphetamines so we will never know for sure. In the meantime, the FACT that inmate was using Eskatrol was derived from inmate's own handwritten notes for his own attorney and it was THE FIRST item he noted.

I could quite easily say that JTF murdered JonBenet Ramsey because his hairs and fibers and blood was found there and that he moved bodies in a sheet. That's because of the presumption of guilt in America. The point of the matter is that in law what the soldier said is not evidence. You must be experienced at weighing evidence.

this paragraph alone shows that your critical thinking skills are non existent. and you once again are spewing forth idiotic vitriol.

The only reason MacDonald was prosecuted after he had been cleared during the comprehensive investigation at the Article 32 proceeding in 1970 was because the totally inexperienced homicide detective Kearns told Fred Kassab in New York that MacDonald had been seeing another woman after the death of his wife Colette. Judge Dupree's son in law North Carolina lawyer Proctor then moved to the CIA and he wanted to cover-up the drug smuggling by the CIA with the murderous Mafia at Fort Bragg by blaming it all on MacDonald.

OMG where to begin with this crazy rambling "oration".....

inmate was not cleared by the Article 32; the charges were dismissed for insufficient evidence. the investigation was far from complete but due to circumstances the Article 32 was premature.

Peter Kearns was an experienced and skillful investigator. period

Freddy Kassab read and re-read the transcripts from the Article 32. He made notes and followed up on the inconsistencies and even went with investigators to the scene and tested what inmate had said occurred. It broke his heart when he realized his son in law whom he had supported was the only person capable of being the murderer.

Judge Dupree's former son-in-law was not with the CIA at all. He had been a former ADA, but as soon as Judge Dupree was elevated to that position he resigned in order to be certain that no conflict of interest would occur.

There was a hair in Colette's left hand which miraculously became MacDonald's hair in 2006 after being unidentified since 1970. That was after the FBI had promised not to tamper with the forensic evidence in their possession.

Once again Henri proves that he just does not pay attention to inconvenient truths. The "mystery hair" as proclaimed by the defense was the distal portion of a bloody limb hair (evidence item E-5) along with a bloody splinter from the murder club. As you have been told ad nauseum on various different boards only head or pubic hairs have enough individual characteristics to be microscopically compared.

the DEFENSE has insisted for years that this "mystery hair" would prove to be from the murderer. After the DNA testing, we all had to agree! The DNA for E-5 the distal portion (tip) of a limb hair is a 100% DNA match to Jeffrey Robert MacDonald MURDERER.