Originally Posted by
byn63
The time to bring forth arguments about what was or was not allowed pre-trial would have been in the initial appeal and inmate would have needed (I believe) to claim ineffective counsel. (might have had a point there)
MacDonald did try once to claim ineffective counsel, but Judge Dupree just replied in a legal document that he thought Segal was an astute lawyer, even though both Dupree and Murtagh had out-tricked Segal.
Personally, I think Gary Bostwick was MacDonald's best lawyer in the Joe McGinniss case. He was more of an aggressive criminal attorney, even though he is basically a civil lawyer, and he would have kicked up more of a fuss about the withheld forensic evidence. It would still probably have led nowhere.
MacDonald lawyer, the late Eisman, had a thorough grasp of the MacDonald case forensics, unlike Wade Smith, but unfortunately Eisman and Segal were no longer partners after the Article 32 in 1970.