SCOTT: The defense attempted this tactic at the 2012 evidentiary hearing and neither Judge Fox nor the 4th Circuit Court bought any of it. In essence, inmate's rotating band of lawyers have argued that 2nd and 3rd hand hearsay evidence should outweigh the mass of physical evidence that led to inmate's conviction.
Although it is nicely written, this petition ignores several prior claims put forth by the defense, and the tone is akin to a child throwing a fit.
1) Since 2009, the defense has gone back and forth on whether the 5mm hair fragment found in Kristen's fingernail scrapings was bloody. Despite the fact that Zeszotarski admitted (e.g., 2017 oral arguments) to the 4th Circuit Court that the hair fragment was not bloody, he now argues that the hair was bloody. A case of poor short-term memory or is Zeszotarski simply grasping at straws?
2) Zeszotarski's obsession with Judge Dupree's letter ignores the fact that he denied inmate a new trial not once, but twice. These denials occurred several years after he constructed that letter.
3) Zeszotarski's grandiosity is in full display when he states that inmate challenged the entirety of the government's case. For the past 40 years, the defense has carefully picked their evidentiary battles, and remained silent on several inculpatory evidentiary items and/or issues. Examples include the bloody fabric impressions found on the blue bedsheet, the pajama fibers found under bodies/bedcovers/under Kristen's fingernail, and the lack of definitive evidence (e.g., sourced DNA, hairs, fibers, prints) of hippie home invaders.
http://www.macdonaldcasefacts.com