Merged Jeffrey MacDonald did it. He really did.

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More doubts about the supposed pajama fibers on the wooden club murder weapon:

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
*
Subject* United States v. Jeffrey R.************************************ Date July 5, 1989
MacDonald, Criminal Case
No.* 75-26* CR -3
*
Mr. Kenneth Nimmich
Chief, Scientific Analysis
Section Laboratory Federal Bureau of Investigation


*
Brian M. Murtagh
Special Assistant
United States Attorney
For the Eastern District
of North Carolina
*
*
*
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

*
 
Fatal Joke - what a laugh. FACE FACTS henri....2 fibers that matched the thread of the pj top WERE FOUND on the club. The CID removed those 2 fibers and placed them in a vial. THIS does not mean that no other fibers or hairs were left on the club. The hairs and fibers found on the club that were NOT SOURCED were not used against inmate. they are irrelevant.
 
The Landlord Makes Another Bathroom Visit

The landlord continues to stick his fingers down his throat in order to regurgitate debunked claims. As I mentioned in a prior post, Bost and Potter had to wipe egg off their faces after the government proved beyond ALL doubt that two pajama seam threads were found on the club.

As I mentioned in multiple posts, this proof came in the form of two color photographs taken 6 years PRIOR to the publication of Fatal Justice. The photographs were taken by the FBI and were labeled as Photo Exhibits 76 and 77. The following link contains Photo 77.

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

These photographs corroborated the chain of custody documents produced by the CID and FBI.

Bost and Potter's penchant for tunnel-visioned thinking bit them on the butt for they clearly didn't read the briefs put forth by the government in the late 80's/early 90's. Their reliance on other people's research was also a major reason why their book was hammered by advocates for inmate's guilt.
Bost and Potter didn't bother to compare the claims put forth by Gunderson, Shedlick, and Murphy with the case record. This led to both Bost and Potter being non-factors (e.g., reclusive) in the discussion of the facts in this case. By 2000, they were refusing to be interviewed by the media and their only form of case communication was via letters/e-mails from interested readers.

http://www.macdonaldcasefacts.com
 
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For the CID and FBI to have some photographs does not prove a chain of custody. That was manufactured and fabricated and made up evidence by Browning and the CID to suggest that there were pajama threads on the club murder weapon. It would be farcical if it wasn't for the tragedy involved.

Fred Bost never changed his mind. He was conned by Smitty, or Dwight Smith, who could not remember where he was the night before during the MacDonald murders, and by Mazerolle, because Bost believed jail records were never forged.

By 2000 Fred Bost just thought he was beating against the wind, and also up against Judge 'in bed with the prosecution' Fox.

Fred Bost did write to JTF in 1999. Bost's letter makes sense to me, unlike JTF's theories without facts:

www.crimearchives.net/1979_macdonald/misc2/1999-02-24_bost_ltr_callahan.html

North Carolina needs some unbiased criminal trial judges who have a thorough grasp of the rules of evidence and procedure and the Brady law, and who understand forensic fraud.
 
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.
 
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.

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. They should have been competent and just.

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.

I agree with what this person posted on the internet in February 2017:

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
 
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.
 
Cognitive Process Of A Troll

History demonstrates that whenever the landlord is backed into a corner with documented fact, he resorts to schoolyard insults, conspiracy rhetoric, and word salad. He could care less about the truth as evidenced by his refusal to acknowledge that ALL of his regurgitated claims have been shown to lack merit.

The landlord's cognitive process mirrors that of ALL trolls. This process includes...

- Cherry-Picking data in order to puff up specific talking points

- Engaging in the fallacy of limited scope which is a construction of a hypothesis that explains only one part of the evidence and not the totality of it

- Embracing the fringe elements of a case

- Relying on one's own homegrown notions of how a system works

http://www.macdonaldcasefacts.com
 
Both Judge Dupree and Judge Fox were biased North Carolina judges.

No Henri Judge Dupree was a FEDERAL JUDGE, distinguished, honest, and unbiased. Judge Fox is also a FEDERAL JUDGE, distinguished, honest, and unbiased. Yes, the Court they preside(d) over is located in North Carolina BUT THAT DOES NOT MAKE THEM STATE 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.

None of the Judges involved in this case are "rubber stampers" if they were then there would not be such a long time between submissions/hearings etal and decisions. I don't know of any Judges that HAVE HEARD the case or BEEN INVOLVED DIRECTLY with the case who have any doubts as to inmate's guilt. A judge or two may have expressed the opinion that THEY might have made a different decision then Judge Dupree but NONE found fault or abuse of discretion which means they don't doubt the equality with which the parties were heard.

Why didn't Browning mention that there were black wool fibers with no known source on the wooden club murder weapon?

WHY SHOULD Browning mention unsourced immaterial fibers? Those fibers were not relevant, and they were not used against inmate.

Those black wool fibers either came from Greg Mitchell or Mazerolle.

What a neat trick that dark woolen fibers found on the murder club were from people who had never been inside 544 Castle Drive! IT IS IMPOSSIBLE FOR THE FIBERS TO HAVE BEEN FROM MAZEROLLE BECAUSE HE WAS IN JAIL BEYOND ALL DOUBT ON THE NIGHT OF THE MURDERS. Greg M was investigated as well and HE WAS NOT INVOLVED. The dark woolen fibers were obviously from the family - THEY ONLY REMAINED UNSOURCED BECAUSE INMATE DISPOSED OF THE FAMILY POSSESSIONS BEFORE ANY EXAMINATION COULD TAKE PLACE.

That's forensically significant in a murder trial.

No, actually unsourced equals useless forensically speaking.

Browning was either mistaken about pajama threads on the club or it was a fraud on the court.

No Dillard Browning was NOT MISTAKEN. The fibers were photographed, removed, and placed in a vial at the initial analysis. Bench notes etc have proven chain of custody. The fibers were on the club and covered in Colette's blood. It proves that the club was used on Colette and it proves that inmate was the wielder of the club along with the "mystery hair" that ended up being a 100% DNA match to inmate and as the DEFENSE always claimed it would prove to be that of the murderer.

I could photograph the fibers on my pajamas but it doesn't prove they were involved in a murder case.

stupid is as stupid does......

MacDonald was screwed.

IF HE HADN'T BRUTALLY, SAVAGELY, SELFISHLY, VICIOUSLY SLAUGHTERED HIS FAMILY HE'D NOT BE SITTING IN PRISON. He screwed himself, he is a narcissistic, sociopathic familial slaughterer and he is right where he belongs.
 
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.

There is more to it than that. Dr. Thornton the MacDonald forensic expert, had urged Segal ever since the Grand Jury in 1975 to get him access to the forensic evidence, but the prosecution and Judge Dupree refused this. Segal had never expected the trial to take place. That was the fault of the Supreme Court.

When the trial date was announced Dr. Thornton had to go rushing off to North Carolina from California where he was shown the forensic evidence stored in a jail cell. He complained that it was full of illegible markings, and he was only able to examine the pajama top and the bedsheet. I suppose there is an argument against the forensic evidence being transported to Dr. Thornton's lab in California, but the point is the opposing counsel never had the information to present their case in court.

There is some background to this on the internet:

www.whatliesbeyond.boards.net/thread/6438/update-jeffrey-macdonalds-last-chance

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.
 
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Cognitive Process Of A Troll

History demonstrates that whenever the landlord is backed into a corner with documented fact, he resorts to schoolyard insults, conspiracy rhetoric, and word salad. He could care less about the truth as evidenced by his refusal to acknowledge that ALL of his regurgitated claims have been shown to lack merit.

The landlord's cognitive process mirrors that of ALL trolls. This process includes...

- Cherry-Picking data in order to puff up specific talking points

- Engaging in the fallacy of limited scope which is a construction of a hypothesis that explains only one part of the evidence and not the totality of it

- Embracing the fringe elements of a case

- Relying on one's own homegrown notions of how a system works

http://www.macdonaldcasefacts.com
 
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.

It's no good being a flippertigibbet about all this. After the MacDonald Grand Jury in 1975 in which MacDonald 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.
The trouble was that Murtagh and Judge Dupree were able to appeal to the Supreme Court to overturn the 4th Circuit decision. Three Supreme Court judges dissented from the majority Supreme Court decision to imprison MacDonald for the rest of his life, again with regard to this speedy trial matter.

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. I agree that MacDonald should have employed private investigators before he was convicted, but he didn't want the endless expense and anxiety of it then, thinking perhaps complacently that he had nothing to fear if he was innocent.

There is background to this on a military Wikipedia website:

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.

pointing out the FACTS is not being a flippertigibbet and it is actually a "flibertigibbet" which is ALSO a FACT.

After the Grand Jury in 1975 in which inmate had told Stombaugh that he could stuff his f...... evidence up his ass,

So? inmate didn't believe in the evidence, but THAT does not mean it was not good evidence. ALSO, you fail to pay attention to what Desmirelle has told you - Bernie Segal decided he wanted to try and get the evidence shipped to California for review. FACT - the prosecution offered complete access to the defense (as required by Brady) and offered to arrange Lab space in the Raleigh Area. FACT - Segal didn't take advantage of this until his machinations resulted in what every one else in the world KNEW that they were NOT going to ship all the evidence cross-country.

the 4th Circuit judges released MacDonald on the speedy trial legal technicality.

And the United States Supreme Court re-instated the indictment.

Again in 1979 after MacDonald was wrongly convicted, the 4th Circuit judges released MacDonald again on this speedy trial technicality.

inmate was never wrongly convicted and again the US Supreme Court said there was not "speedy trial issue" because inmate was NOT being hampered or infringed upon in any way from the time of the Article 32 to completion until the Grand Jury. inmate got 9 years of freedom that he didn't deserve.

Segal never thought the Supreme Court would vote for a MacDonald trial.

So what?

When the decision happened Segal was unprepared, and so were his forensic experts.

And that was BERNIE SEGAL's mistake and not at all in any way something that Judge Dupree or Brian Murtagh influenced. The way you tell it, Dupree and Murtagh had superhero powers.

Murtagh and Judge Dupree made sure that the MacDonald defense suffered from a lack of careful preparation.

OMG you cannot be seriously writing this comment!!!! roflmao! It was NOT the fault of the prosecution that Bernie Segal decided not to pay attention to the evidence. It was BERNIE SEGAL's fault that the defense suffered from a "lack of careful preparation". It was also Bernie Segal's fault that his "experts" did ridiculous experiments (the results of which were easily disproven) and didn't examine all the more important evidence. Also, despite your random nonsensical utterances the defense experts agreed with major portions of Stombaugh's testimony.

The FACTS show clearly that inmate slaughtered Colette (and the baby she was carrying), Kimberley, and Kristen in a savage, vicious, brutal manner and his conviction has stood the test of every single one of his pitiful machinations since. He is where he belongs (since the DP was not an option) or as close as we can legally get.....I think UNDER the prison would be better.
 
The U.S. Supreme Court needs some judges with wide and practical experience of being criminal defense lawyers, instead of being in bed with the prosecution all the time. That was Nazi justice in the MacDonald case. Judge Dupree was biased, and so is Judge Fox. The Supreme Court were not profound and unbiased thinkers.

Dr Thornton was in disagreement with both Stombaugh and Shirley Green of the FBI. That has been discussed endlessly on this forum, but that makes no impression on Byn or Bunny or JTF with their lack of vision.

I agree Segal was not a brilliant lawyer. He was a law professor and too academic. MacDonald would have done better with a lawyer like Gary Bostwick in the McGinniss case, or Lin Wood from the JonBenet Ramsey case. I don't think they would have been outfoxed by the trickster lawyer with no principles, Murtagh.

I don't think the average juror would understand what Segal was on about in his closing speech at the 1979 trial. One juror said he convicted MacDonald because there were no pajama fibers in the living room when it was proved and admitted at the Article 32 by the CID in 1970 that there were pajama fibers in the hallway where MacDonald said he fell unconscious. That should have been emphasised by Segal in words of one syllable in his closing argument. The jury were not all logic and philosophy students.

The matter is discussed at this website:

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.
 
oh, so YOU henri are more cognizant of the laws of US Jurisprudence then the Honorable Justices of the US Supreme Court? Get real!

stupid is as stupid does.....
 
You Can Run, But You Can't Hide

History demonstrates that whenever the landlord is backed into a corner with documented fact, he resorts to schoolyard insults, conspiracy rhetoric, and word salad. He could care less about the truth as evidenced by his refusal to acknowledge that ALL of his regurgitated claims have been shown to lack merit.

The landlord's cognitive process mirrors that of ALL trolls. This process includes...

- Cherry-Picking data in order to puff up specific talking points

- Engaging in the fallacy of limited scope which is a construction of a hypothesis that explains only one part of the evidence and not the totality of it

- Embracing the fringe elements of a case

- Relying on one's own homegrown notions of how a system works

By the way, it was John Thornton, not Brian Murtagh, who was of the opinion that Bernie Segal didn't place enough focus on the physical evidence in this case.

http://www.macdonaldcasefacts.com
 
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Speaking Of...

Speaking of Thornton, he made several admissions that cast inmate and the defense team in a negative light.

1) At trial, he agreed with Paul Stombaugh's conclusions regarding bloody fabric impressions found on Areas A, B, and F of the blue bedsheet.

2) Inmate denied ever touching the blue bedsheet on 2/17/70, yet BOTH Stombaugh and Thornton concluded that inmate's right pajama cuff formed two separate impressions and Colette's left pajama cuff formed a singular impression.

3) All three impressions were formed in Colette's Type A blood.

4) Thornton didn't put in a request for examinations of hairs and fibers in this case. His rationale was that the FBI had a history of competence in hair and fiber analysis.

5) Thornton admitted that he had "unfettered access" to evidence in this case.

http://www.macdonaldcasefacts.com
 
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That's more bull from JTF. Read Dr Thornton's trial testimony.

The guilty should be convicted, and in some cases executed. Both guilty and innocent should have a fair trial, and the judges should be fair and just. They should not be influenced by flibbertigibbets, or to put it in more modern English by silly cows. It is safe to say that all the judge's interventions must be governed by the supreme duty to see that a fair trial is enjoyed by the parties. His interventions must be interventions and not a complete usurpation of the functions of counsel.

Judges didn't understand that Princess Diana was being bugged, which was very relevant information in regard to her subsequent death.

Judge Marshall at the Supreme Court had right judgement in the MacDonald case when he was one of three judges who dissented from the majority Supreme Court judges decision to imprison MacDonald for the rest of his life in about 1981:

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.
 
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