At the 2012 evidentiary hearing, Judge Fox's decision to allow both the defense and the government to present the evidentiary kitchen sink, was the result of the following mandate from the 4th Circuit Court.
"We elaborated that the court must make its “§ 2255(h)(1) determination — unbounded ‘by the rules of admissibility that would govern at trial’ — based on ‘all the evidence, including that alleged to have been illegally admitted [and that] tenably claimed to have been wrongly excluded or to have become available only after the trial.''
Again, inmate was given the kind of opportunity that most convicted murderers only dream of, yet he failed to take advantage of this golden opportunity. No smoking gun, not a single evidentiary item definitively sourced to a known intruder suspect, and ineffective rebuttals to the mass of evidence that led to his 1979 conviction. This included DNA, hair, fiber, blood, bloody footprint, fabric damage, and bloody fabric/non-fabric impression evidence. Jeffrey MacDonald is not only guilty beyond a reasonable doubt, he is guilty beyond ALL doubt.