Note from Christina Masewicz: Translation of the above document as I read it to be
The part marked above is bold in the translated copy
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Subject* United States v. Jeffrey R.************************************ Date July 5, 1989
MacDonald, Criminal Case
No.* 75-26* CR -3
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Mr. Kenneth Nimmich
Chief, Scientific Analysis
Section Laboratory Federal Bureau of Investigation
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Brian M. Murtagh
Special Assistant
United States Attorney
For the Eastern District
of North Carolina
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This is in reference to the allegations of "Fiber Misidentification and Cover-Up" contained in the material* provided by MacDonald's Private Investigator Ted Gunderson to Executive Assistant Director Oliver S. Revell. I received a copy of these materials from the Department of Justice's Office of Professional Responsibility. Gunderson maintains that the same threads found on the club, which the FBI Examiner Paul Stombaugh identified in 1974 as matching the cotton seam threads of MacDonald's pajama top, were subsequently identified in 1979 by FBI Examiner ___________ as being composed of black wool. Gunderson further contends that these results suppressed at my behest.
I anticipate, based upon numerous statements coming from the MacDonald public relations apparatus, that this allegation will form the basis for a motion to set aside the conviction pursuant to 28 U.S.C. § 2255. As a special Assistant United States Attorney for the Eastern District of North Carolina for the purpose of the MacDonald litigation, I will have primary responsibility, as I have had for the past five years, for replying to such a motion on behalf of the United States. In order to resolve the issues raised by Gunderson it will be necessary to determine whether Paul Stombaugh and __________ were looking at the same fibers, or different fibers which came from the same evidence collection vial. Ultimately, I will be asking the FBI Laboratory to make this determination.
In order to facilitate the identification of materials examined by Paul Stombaugh and ___________, which are to be believed to be in custody of the FBI's Charlotte Field Office, I request copies of any notes prepared by Paul Stombaugh, __________ or Shirley Green, which I have not previously been furnished. The only such material covered by this request, that I am aware of, would be the summary notes of Shirley Green which are in ___________ custody. Therefore, please furnish me with a copy of
henri - YES, THE FBI AND CID HAVING PHOTOS THAT PREDATE THE PUBLICATION OF FATAL JUSTICE PROVES CHAIN OF CUSTODY.
Why do you keep talking about North Carolina needing unbiased Judges in re: this case? THIS CASE WAS TRIED BY THE FEDERAL COURT SYSTEM not the State of North Carolina AND the Judges that have heard this case are or were unbiased distinguished Jurists. The Brady Law has no impact on this case because it was not violated at any time in this case. This matter was brought up before the courts and it was PROVEN BEYOND ALL DOUBT that no Brady violations occurred. henri it is YOU that has no grasp of the Federal Rules of Evidence, the Brady Law, or the Federal Rules of Prosecution. You cannot even keep it straight who it was that tried inmate.
Are you aware of the Puretz memo in the MacDonald case? It is mentioned in the Errol Morris book, A Wilderness of Error: The Trials of Jeffrey MacDonald.
Puretz, a law clerk for one of the prosecutors was asked to find the outer limits of the Brady requirement and came up with a solution.
.. the prosecutors had given the defense attorneys just enough access to the evidence, in just enough time—and as a result made it difficult to argue that they had been given little or nothing.
Additional info about the about the MacDonald case and the Puretz memo in this article which is open to the public:
Reflections on the Jeffrey MacDonald Case
By Harvey Silverglate
https://www.nacdl.org/Champion.aspx?id=28481
Both Judge Dupree and Judge Fox were biased North Carolina judges.
The 4th Circuit judges and the Supreme Court judges were mostly rubber stampers, apart from three judges at the Supreme Court and one or two judges at the 4th Circuit who have expressed doubts about the case in the past.
Why didn't Browning mention that there were black wool fibers with no known source on the wooden club murder weapon?
Those black wool fibers either came from Greg Mitchell or Mazerolle.
That's forensically significant in a murder trial.
Browning was either mistaken about pajama threads on the club or it was a fraud on the court.
I could photograph the fibers on my pajamas but it doesn't prove they were involved in a murder case.
MacDonald was screwed.
Silvergate lies with regard to the defense's access to evidence. He knows as well as the rest of us that Segal wanted, in violation of established protocol regarding chain of custody, the evidence shipped cross-country to California for him to peruse at his leisure instead of taking the time to come to North Carolina to look at it like he knew he should. It was Segal's arrogance that he should be exempted from standard, established, accepted procedure that restricted the defense's access. The evidence was in North Carolina. Bernie stayed in California. Hard to see it from there.
But MacDonald’s defense team argued that the case was botched from the beginning with a contaminated crime scene and evidence that was withheld from the defense. “I’ve never feared the evidence in this case,” insists MacDonald. “I’m fearful of the government’s manipulation of the case.” Richard Fox, a crime-scene expert who examined the case post-trial, had this to say in a video prepared for MacDonald’s defense team: “The crime scene investigation was ... a travesty.”
Members of the defense team also contend they weren’t allowed adequate time to test the evidence themselves – or even notification that some of it existed. “I would have had all the bloodstain evidence retested,” says Dr. John Thornton, MacDonald’s forensic expert at trial. And he indicates he had no idea about the existence of long blonde wig hairs found in the apartment that night. “I wasn’t able to say, ‘I want to look at that blonde wig hair,” because we didn’t know there were any blonde wig hairs,” he continues. MacDonald claims he discovered additional evidence through Freedom of Information Act requests that he believes bolsters his version of events. “I found a witness statement no one had ever seen before,” MacDonald explains. “It says that morning, somewhere around 5:30 a.m., a neighbor walks into the crime scene and ... notices a sheet on Colette. I didn’t put the sheet on her.
Segal failed to go (or send anyone to) examine the evidence because he wanted it brought to him in violation of protocol - no matter what he believed about the Supreme Court (which made the correct decision, because if simply being a suspect applied, a lot of cold cases would never be tried) and what they would decide, he had an obligation to his client to assume the worst and at least send someone earlier. It is not the fault of the prosecution that Segal's bad decision limited the defense, it's Segal's.
Had Macdonald not murdered his pregnant wife and two daughters, none of this would have happened.
A grand jury in North Carolina indicted MacDonald on January 24, 1975, and within the hour MacDonald was arrested in California. On January 31, 1975, he was freed on $100,000 bail pending disposition of the charges. On May 23, 1975, MacDonald was arraigned and pled not guilty to the murders. On July 29, 1975, District Judge Franklin T. Dupree, Jr. denied MacDonald's double jeopardy and speedy trial arguments and allowed the trial date of August 18, 1975 to stand. On August 15, 1975, the Fourth Circuit Court of Appeals stayed the trial and on January 23, 1976, a panel of that court, in a 2–1 split, ordered the indictment dismissed on speedy trial grounds. An appeal on behalf of the Government led to an 8–0 reinstatement of the indictment by the U.S. Supreme Court on May 1, 1978. On October 22, 1978, the Fourth Circuit rejected MacDonald's double jeopardy arguments and, on March 19, 1979, the U.S. Supreme Court refused to review that decision.
It's no good being a flippertigibbet about all this.
After the Grand Jury in 1975 in which inmate had told Stombaugh that he could stuff his f...... evidence up his ass,
the 4th Circuit judges released MacDonald on the speedy trial legal technicality.
Again in 1979 after MacDonald was wrongly convicted, the 4th Circuit judges released MacDonald again on this speedy trial technicality.
Segal never thought the Supreme Court would vote for a MacDonald trial.
When the decision happened Segal was unprepared, and so were his forensic experts.
Murtagh and Judge Dupree made sure that the MacDonald defense suffered from a lack of careful preparation.
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.
Because the record in this case reveals no legitimate reason for a substantial period of pretrial delay, and because MacDonald may have suffered prejudice at trial and clearly suffered other forms of prejudice, I would affirm the Court of Appeals' ruling that his speedy trial right was violated.
IV
The majority's opinion in this case is a disappointing exercise in strained logic and judicial illusion. Suspending application of the speedy trial right in the period between successive prosecutions ignores the real impact of the initial charge on a criminal defendant and serves absolutely no governmental interest. This Court has warned before against "allowing doctrinaire concepts . . . to submerge the practical demands of the constitutional right to a speedy trial." Smith v. Hooey, 393 U.S. 374, 381, 89 S.Ct. 575, 578, 21 L.Ed.2d 607 (1969). The majority fails to heed that advice.
For the foregoing reasons, I dissent.