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Tags "A Wilderness of Error" , "Fatal Vision" , errol morris , Jeffrey MacDonald , Joe MacGinniss , murder cases

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Old 15th May 2019, 06:50 AM   #1401
JTF
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Going Off The Rails

Originally Posted by Henri McPhee View Post
Murtagh made some silly remark at the 1979 trial, which I now can't find, that the Article 32 proceedings in 1970 were inadmissible at trial because the calm and thorough presentation of the facts then was ten years old! The only difference between then and the trial was Stombaugh's manufactured and fabricated hair and fiber testimony and fabric impressions and the conceptually unsound pajama folding experiment There is an unseemly wrangle between Judge Dupree and Segal about the matter at this website:

http://www.themacdonaldcase.com/html...ald_trial.html
You have a history of going off the rails when boxed into a corner by the documented record. Your post speaks to that history. The facts presented at the Article 32 hearings didn't include trace evidence that had yet to be analyzed by the Fort Gordon CID lab, the FBI's 1971 analysis of specific evidentiary items, and the FBI's 1974 re-analysis of ALL of the evidence collected in this case. In terms of your latest attempt to smear Stombaugh, it is important to note that at the 1979 trial, Bernie Segal did not dispute the contention that Stombaugh was an expert in hair and fiber analysis. I challenge you to find a single moment during the trial where Segal accused Stombaugh of manufacturing or fabricating results pertaining to his hair and fiber analysis in this case. Your comments in another post regarding DNA testing and fingerprint comparisons are further examples of your cognitive instability.

http://www.macdonaldcasefacts.com
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Old 15th May 2019, 09:33 AM   #1402
Henri McPhee
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Originally Posted by JTF View Post
In terms of your latest attempt to smear Stombaugh, it is important to note that at the 1979 trial, Bernie Segal did not dispute the contention that Stombaugh was an expert in hair and fiber analysis. I challenge you to find a single moment during the trial where Segal accused Stombaugh of manufacturing or fabricating results pertaining to his hair and fiber analysis in this case.
http://www.macdonaldcasefacts.com
Segal was skeptical about the Stombaugh hair and fiber evidence except that much of that evidence was illegally withheld from him until after the trial, like the black wool fibers with no known source around Colette's mouth, and on the wooden murder club murder weapon. It would have been difficult for Segal to challenge Stombaugh as a so-called FBI hair and fiber expert, but he did his best in court. The FBI hair and fiber department now has a very bad reputation and that's a fact. Segal had a few comments about the matter in his long and turgid and rambling closing speech which went in one ear and out the other as far as the jury were concerned:

Quote:
By the way, were there any fibers found in or about here (indicating)? Mr. Shaw -- Mr. Shaw, the CID investigator, said that he found near the south edge of the hallway step here three fibers. He doesn't recall whether he collected them or not. The Government says, "Oh, that is not the living room. Ignore that." All right, we ignore that. His correct testimony, I believe, shows that Shaw saw fibers there.

By the way, where was Dr. MacDonald lying after the struggle? Where did he say? On the steps across here (indicating). Is that consistent with where the fibers were found? I think so. I think you have a right to conclude the same thing. Perhaps there are other fibers. What could have happened to them that is equally consistent with the Government's theory?
http://www.thejeffreymacdonaldcase.c...l-closing.html

Last edited by Henri McPhee; 15th May 2019 at 09:35 AM.
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Old 15th May 2019, 10:12 AM   #1403
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Originally Posted by JTF View Post
As you full well know, Bernie Segal consulted with bloodstain expert Judith Bunker, and she processed with Segal that considering she agreed with the bloodstain analysis of BOTH Stombaugh and Laber, she would not be a good witness for the defense.

http://www.macdonaldcasefacts.com
Judith Bunker is just another purported exert and pseudo expert which seems to plague the MacDonald case, while Judge Dupree and Judge Fox made sure that real experts never presented their evidence to a MacDonald case court. This is what I have previously posted about Judith Bunker on this forum and it does not inspire confidence as to her right judgment as to the facts. It reminds me of the fake handwriting experts in the JonBenet Ramsey case who presented fake news about the ransom note:

Quote:
There is a bit about Judith Bunker on the internet. I don't know why JTF keeps quoting her:

Quote:
"For example, testimony reveals that Investigator Dupius testified as to blood spatter. Interestingly, Investigator Dupius was exclusively trained by the now discredited Judith Bunker. Ms. Bunker was revealed to have converted herself into an expert in bloodstain pattern analysis from a brief four hour workshop conducted by Mr. Herbert MacDonnell in Birmingham, Alabama. With only this minimal experience Ms. Bunker launched a career instructing law enforcement upon the complex science of blood-stain pattern analysis. Investigator Dupius testified that he observed a reddish stain on Mr. Johnston's right sock and that the stain projected. This claim was raised and rejected as to Ms. Bunker's lack of credentials in Johnston v. State, 708 So.2d 590 (Fla. 1998)."
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Old 15th May 2019, 12:58 PM   #1404
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Cognitive Spiral

Originally Posted by Henri McPhee View Post
Segal was skeptical about the Stombaugh hair and fiber evidence except that much of that evidence was illegally withheld from him until after the trial, like the black wool fibers with no known source around Colette's mouth, and on the wooden murder club murder weapon. It would have been difficult for Segal to challenge Stombaugh as a so-called FBI hair and fiber expert, but he did his best in court. The FBI hair and fiber department now has a very bad reputation and that's a fact. Segal had a few comments about the matter in his long and turgid and rambling closing speech which went in one ear and out the other as far as the jury were concerned:



http://www.thejeffreymacdonaldcase.c...l-closing.html
Your cognitive spiral continues as evidenced by your claims that are at odds with the documented record. Segal was skeptical about Stombaugh's analysis of the fabric/non-fabric impressions and the Pajama Top Theory, not his analysis of the hairs and fibers collected at the crime scene.

http://www.macdonaldcasefacts.com
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Old 15th May 2019, 01:20 PM   #1405
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Case Closed

Originally Posted by Henri McPhee View Post
Judith Bunker is just another purported exert and pseudo expert which seems to plague the MacDonald case, while Judge Dupree and Judge Fox made sure that real experts never presented their evidence to a MacDonald case court. This is what I have previously posted about Judith Bunker on this forum and it does not inspire confidence as to her right judgment as to the facts. It reminds me of the fake handwriting experts in the JonBenet Ramsey case who presented fake news about the ransom note:
I guess you just can't help yourself. Segal sought out Bunker, she agreed with the bloodstain analysis of the prosecution's experts, and he decided not to pursue the opinions of other bloodstain experts. Case closed. In terms of your bizarre claim that Judge Fox "made sure that real experts never presented their evidence to a MacDonald case court," well, you're wrong again. As I pointed out in several recent posts, Judge Fox allowed the defense to call forensic(s) experts to the stand at the 2012 evidentiary hearing. To the dismay of inmate's advocates, the defense didn't call a single forensics expert to appear at the hearing. This was in stark contrast to Brian Murtagh's presentation of the evidence in this case and guess who he relied upon when presenting his evidentiary arguments? Yup, you guessed it, a few dozen experts from multiple forensic disciplines.

http://www.macdonaldcasefacts.com
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Old 15th May 2019, 01:23 PM   #1406
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Originally Posted by Henri McPhee View Post
Judith Bunker is just another purported exert and pseudo expert
Is that something like an "amateur lawyer?"
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Old 15th May 2019, 02:32 PM   #1407
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Segal, like any defence lawyer, hates actual evidence.

After the trial, even JMcD fired him and called him a bum
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Old 15th May 2019, 06:39 PM   #1408
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Originally Posted by Henri McPhee View Post
There is an interesting article on the internet about judicial corruption, which applies to the MacDonald case and Judges Dupree and Fox and the 4th Circuit judges. Any criminal defense lawyer is just beating against the wind with judges like that in a courtroom:

https://www.counterpunch.org/2010/12...-is-invisible/

Quote:
The next stage of judicial corruption is false statement of the facts. The judge simply states a false set of “facts” which would lead any other court to the desired conclusion, and the resulting judgment not only looks plausible but cannot be appealed. The corrupt side submits the judgment you will be allowed to see, which is rubberstamped without effort or risk of appeal. Any case not favored by the judiciary requires a jury trial and an intense battle over evidence, but the judge simply refuses to admit evidence which contradicts his prejudice. If enough facts are deleted, the case is given his “summary judgment” without trial. If tried, the outcome is determined by the false picture of fact.
So doesn't apply to MacDonald at all. Again, you can't seem to keep away from quoting nonsense off the internet.

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I have never ”refused” to provide evidence. I provide evidence if requested to do so in a specific and relevant manner.

Hanks ”method” [of requesting evidence] is not going to [get me to] provide any evidence since it has a completely different purpose. To create the the illusion of me not providing evidence when requested to do so.
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Old 15th May 2019, 06:50 PM   #1409
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Originally Posted by Henri McPhee View Post
There were a few real [defense] experts at the trial in 1979, including the fingerprint expert Osterburg ...
Originally Posted by Henri McPhee View Post
There is no absolute certainty that fingerprint and DNA evidence is accurate.
You could tell us which of your above statements is true, for starters.

Hank
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I have never ”refused” to provide evidence. I provide evidence if requested to do so in a specific and relevant manner.

Hanks ”method” [of requesting evidence] is not going to [get me to] provide any evidence since it has a completely different purpose. To create the the illusion of me not providing evidence when requested to do so.
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Old 16th May 2019, 02:15 AM   #1410
Henri McPhee
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Originally Posted by HSienzant View Post
You could tell us which of your above statements is true, for starters.

Hank
Personally, I think fingerprint or DNA evidence can be real proof of guilt or innocence. That's why MacDonald has always been keen to have over sixty items DNA tested which Judge Fox then restricted to items where MacDonald had no chance of success. A wise man might sometimes say I am not sure and be skeptical about the matter. In that Hennis case in North Carolina as I understand it Hennis was cleared on a second appeal by a jury until the prosecution magically suddenly 'found' some Hennis DNA at the crime scene. Hennis is now on death row. In the early days of DNA in the car thief world cigarette butts from garbage bins were deliberately planted by perpetrators in stolen cars in order to confuse the investigators as to identity. There is a bit of waffle about the matter at this website:

https://insidetime.org/fingerprints-the-new-dna/

Quote:
In the rush to solve unsolvable crimes and gain convictions the ‘experts’ must be very careful not to overplay technology. In the USA, recently, there have been serious doubts raised upon the reliance of DNA evidence and the phenomenal numbers used to try to convince juries, such as ‘a one in a billion’. It has been shown that actual fingerprint evidence can be doubtful, fingerprints can be ‘moved’ and hands can pick up other people’s DNA from door handles and suchlike.

Acknowledgements: Police Chronicle

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Old 16th May 2019, 02:28 AM   #1411
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Originally Posted by GiSEQ View Post
Segal, like any defence lawyer, hates actual evidence.

After the trial, even JMcD fired him and called him a bum
Any defence lawyer does not like manufactured or invented, or withheld, evidence because it ain't fair. I agree MacDonald is supposed to have called Segal 'pathological' once he became imprisoned, and he then changed lawyers, but to my mind that was the natural reaction of an angry client who is fearfully aggrieved. I think Segal was a competent lawyer, if not a prominent lawyer. He was too academic for a North Carolina jury. They didn't know what he was on about. That might not have been a disadvantage with the intelligent Colonel Rock at the Article 32 proceedings in 1970.

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Old 16th May 2019, 03:18 AM   #1412
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The evidence against JMcD has stood the test of time and litigation, and his misguided followers haven’t been able to change any of it.

Still guilty and in his cage.
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Old 16th May 2019, 04:37 AM   #1413
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Originally Posted by Henri McPhee View Post
Personally, I think fingerprint or DNA evidence can be real proof of guilt or innocence.
So you're admitting the claim below is false:
Originally Posted by Henri McPhee View Post
There is no absolute certainty that fingerprint and DNA evidence is accurate.



Originally Posted by Henri McPhee View Post
That's why MacDonald has always been keen to have over sixty items DNA tested which Judge Fox then restricted to items where MacDonald had no chance of success.
Still the logical fallacy of Begging the Question. The truth of the matter is not determined by how many times you assert something.



Originally Posted by Henri McPhee View Post
A wise man might sometimes say I am not sure and be skeptical about the matter.
You're reminded that's the logical fallacy of moving the goalposts. You initially asserted this:
Originally Posted by Henri McPhee View Post
There is no absolute certainty that fingerprint and DNA evidence is accurate.
That doesn't sound like you weren't sure.

(Snip change of subject and obligatory link to unproven assertions found on the internet).

Hank
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I have never ”refused” to provide evidence. I provide evidence if requested to do so in a specific and relevant manner.

Hanks ”method” [of requesting evidence] is not going to [get me to] provide any evidence since it has a completely different purpose. To create the the illusion of me not providing evidence when requested to do so.
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Old 16th May 2019, 04:48 AM   #1414
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I checked with a lawyer friend who has discussed this case on several forums over the years AND who was a JAG while in the Air Force and he commented:

1. The Article 32 would have had limited admissibility, if any, most likely only to rebut testimony or prove inconsistency of statements.
2. The Article 32 was flawed in large part due to the FACT that Colonel Rock was not a lawyer and had absolutely no legal training. Although that was not uncommon at one time, most military went to using lawyers as the IO.
3. Colonel Rock did not understand the significance of several pieces of evidence especially the bloody footprints EXITING Kristen's room with no bloody footprints (bare or otherwise) in the entire apartment.
4. The charges from the Article 32 were dismissed due to insufficient evidence. that is not all the same thing as being exonerated.
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Old 16th May 2019, 06:15 AM   #1415
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Originally Posted by Henri McPhee View Post
Any defence lawyer does not like manufactured or invented, or withheld, evidence because it ain't fair.

Only if it benefits the prosecution.

I have knowledge of criminal and civil cases where "evidence" was cited that turned out to be simply false (or deliberately false), on both prosecution and defense sides and plaintiff and defendant sides.
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Old 16th May 2019, 09:30 AM   #1416
Henri McPhee
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Originally Posted by byn63 View Post
3. Colonel Rock did not understand the significance of several pieces of evidence especially the bloody footprints EXITING Kristen's room with no bloody footprints (bare or otherwise) in the entire apartment.
The footprints are some of the biggest load of crap in the MacDonald case like the pajama fibers and blood evidence and fabric impressions and urine stains. It's made up evidence which the 4th Circuit judges don't seem to understand. The matter was discussed in an unseemly wrangle during the testimony of Professor Osterburg at the 1979 trial:

http://www.thejeffreymacdonaldcase.c...osterburg.html

Quote:
Q There is some testimony in this matter by Mr. Medlin in regard to a footprint on the floor of Kristen's room, where the suggestion was that there was light coming from a window which created difficulty in photographing of prints there and other matter in that room?

MR. MURTAGH: Your Honor, I would MOVE TO STRIKE that question. I don't believe it comports with the witness' testimony at all.

THE COURT: Well, I will SUSTAIN the objection. I won't strike the question, but I will sustain the objection to the question; but I will allow counsel to show whether or not there is such evidence in the record.

BY MR. SEGAL:
Q Let me ask you this -- we will come back to this particular problem or non-problem in a little while. Do you have an opinion, Mr. Osterburg, as to whether or not there is a scientific explanation for the fact that Mr. Medlin says he was able to observe ridge lines on the bloody footprint on the floor, but he was unable to photograph and that they disappeared by the time of the photograph of them?......

BY MR. SEGAL:
Q All right, let me put this question to you: is there any realistic possibility in your mind, based upon your knowledge and training, that between the time a bloody footprint could be seen on the floor by Mr. Medlin and the time that the floor section was taken up and carried back to Fort Gordon that the ridge lines he observed would disappear on the floorboard and become lost?

MR. MURTAGH: OBJECTION, Your Honor.

THE COURT: OVERRULED.

THE WITNESS: I have seen the floorboard, and there is a bloody footprint impression on the floor. There are no ridge details in the bloody footprint.
I cannot see any reason or explanation that is reasonable why those areas of the bloody footprint bearing the ridge details would selectively disappear while the rest of the imprint would remain. I just don't understand that.

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Old 16th May 2019, 11:48 AM   #1417
JTF
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You've Failed

Originally Posted by Henri McPhee View Post
The footprints are some of the biggest load of crap in the MacDonald case like the pajama fibers and blood evidence and fabric impressions and urine stains. It's made up evidence which the 4th Circuit judges don't seem to understand. The matter was discussed in an unseemly wrangle during the testimony of Professor Osterburg at the 1979 trial:

http://www.thejeffreymacdonaldcase.c...osterburg.html
Avoiding the topic at hand will not deter posters from demanding that you walk the walk. Again, I challenge you to construct a DETAILED timeline of the murders, account for all of the inculpatory evidence that led to inmate's conviction, and back up your ideas with evidence contradicting the consensus interpretation.

http://www.macdonaldcasefacts.com

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Old 17th May 2019, 11:46 PM   #1418
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Kitchen Sink

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.

http://www.macdonaldcasefacts.com

Last edited by JTF; 17th May 2019 at 11:51 PM.
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Old 18th May 2019, 03:20 AM   #1419
Henri McPhee
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Originally Posted by JTF View Post
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.''
The 4th Circuit judges were on the correct murder trail in that statement. It's just that the criminal defense lawyers had no way of proving the hair and fiber evidence was illegally admitted or wrongly excluded, or to become available after the trial, because biased old judge Fox insisted it was all about Jimmy Britt and a few DNA tests. Personally, I would have had a few unseemly wrangles about the black wool fibers with no known source, and the blonde synthetic hair-like fibers, and the fabric impressions by unqualified Stombaugh, and the pajama folding experiment, and doubting the integrity of Blackburn, and a few other things, like making it up. There is a bit about this sort of thing at this website:

https://www.kurtzandblum.com/crimina...minal-defense/

Quote:
Recently a photo of the Raleigh, North Carolina, crime lab at the State Bureau of Investigation (SBI) showed analysts with their elbows on the table. This is a prime example of how contamination can occur and should never take place in a lab.

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Old 18th May 2019, 09:54 AM   #1420
Henri McPhee
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Originally Posted by JTF View Post
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.

http://www.macdonaldcasefacts.com
Hair and fiber evidence is unreliable. Criminal defense lawyers need to mug up on the subject especially in death row cases. The FBI are not the only people qualified to give an opinion about the matter. There is a bit of legal waffle about the matter on the internet which does not link to this forum:

Quote:
Conclusion
As noted earlier, hair evidence may be invaluable in some cases. Nevertheless, it is also one of the most abused types of scientific evidence. It should be challenged as a matter of routine.
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Old 19th May 2019, 03:00 AM   #1421
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The internet is about 70% waffle and rubbish as evidenced by posts from JMcD supporters.
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Old 19th May 2019, 06:08 PM   #1422
JTF
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Weak Hand

Originally Posted by GiSEQ View Post
The internet is about 70% waffle and rubbish as evidenced by posts from JMcD supporters.
For a 25 year (e.g., 1984-2006) period, Brian Murtagh consistently told members of the media that the government would only litigate this case in the court system. This is in stark contrast to inmate's supporters who have consistently relied on uninformed media members to present their one-sided and frequently dubious case narrative. This speaks to inmate's weak hand and is the main reason why his record at garnering relief or a new trial is zero wins and eight losses.

http://www.macdonaldcasefacts.com

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Old 20th May 2019, 08:54 AM   #1423
Henri McPhee
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Originally Posted by JTF View Post
For a 25 year (e.g., 1984-2006) period, Brian Murtagh consistently told members of the media that the government would only litigate this case in the court system.
The trouble is it was a bad court. It was a mistrial and the 4th Circuit judges should have put their foot down about it.
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Old 20th May 2019, 10:21 AM   #1424
JTF
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Off The Rails

Originally Posted by Henri McPhee View Post
The trouble is it was a bad court. It was a mistrial and the 4th Circuit judges should have put their foot down about it.
Ah, what? You clearly have access to some quality weed. Again, by a vote of 3-0, the 4th Circuit Court concluded:

"Our comprehensive review of the trial and postconviction evidence convinces us that MacDonald has not met the rigorous requirements of § 2255(h)(1). As we cautioned in our 2011 decision, § 2255(h)(1) was "designed to ensure that [it] could be satisfied only in the rare and extraordinary case." See MacDonald, 641 F.3d at 614-15 (internal quotation marks omitted). Though we have given MacDonald the opportunity to do so, he has not demonstrated that his is one of the rare and extraordinary cases justifying pursuit of a claim premised on newly discovered evidence by way of a successive § 2255 motion. Simply put, we cannot say that the new evidence underlying MacDonald's Britt and DNA claims, considered with all the other evidence, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found him guilty of the murders of his wife and daughters."

Nuff said.

http://www.macdonaldcasefacts.com
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Old 21st May 2019, 09:34 AM   #1425
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Originally Posted by Henri McPhee View Post
The trouble is it was a bad court. It was a mistrial and the 4th Circuit judges should have put their foot down about it.
They put their collective foot right where it belongs, on the neck of the scumbag that murdered his family.

You may love the inmate, but your infatuated eyes can't see clearly.
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Old 21st May 2019, 09:57 AM   #1426
Henri McPhee
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Originally Posted by JTF View Post
Simply put, we cannot say that the new evidence underlying MacDonald's Britt and DNA claims, considered with all the other evidence, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found him guilty of the murders of his wife and daughters."

Nuff said.

http://www.macdonaldcasefacts.com
That's not true. It's like the silly remark by the 4th Circuit judges that MacDonald was trained in the army to withstand interrogation. I agree with this website:

http://whatliesbeyond.boards.net/thr...ds-last-chance

Quote:
Now he believes his defense team has accumulate enough evidence to finally prove it. On January 26, the Fourth Circuit Court of Appeals in Richmond, Virginia, will hear oral arguments on MacDonald’s claim that he is innocent. The new evidence that is part of the appeal was never seen or heard by the jury that convicted him. It includes DNA test results on hairs found beneath Colette’s body and under one of Kristen’s fingernails that do not match MacDonald’s; black wool fibers found on one of the murder weapons (a club) that do not match anything in the apartment; two long, blonde wig hairs; and multiple confessions made over the years by Helena Stockley, a drug addict and narcotics informant for local police and her then-boyfriend, Greg Mitchell, that they were involved in the crime. “How could it be possible that Jeff described two intruders, one male and one female, that ultimately matched the descriptions of the two people who confessed to the murders?” asks Hart Miles, one of MacDonald’s attorneys.
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Old 21st May 2019, 11:57 AM   #1427
JTF
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The Only Opinion That Matters

Originally Posted by Henri McPhee View Post
That's not true. It's like the silly remark by the 4th Circuit judges that MacDonald was trained in the army to withstand interrogation. I agree with this website:

http://whatliesbeyond.boards.net/thr...ds-last-chance
The only opinion that matters was put forth by the 4th Circuit Court on 12/21/18. Their decision was based on the totality of the evidence and that evidence included ALL of the previously litigated defense claims. Inmate knew that the burden of proof was now on him, but he was unable to come close to meeting that burden. Unsourced household debris and hearsay testimony is not the type of evidence that would provide him with the key to freedom.

http://www.macdonaldcasefacts.com

Last edited by JTF; 21st May 2019 at 12:00 PM.
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Old 23rd May 2019, 02:49 AM   #1428
Henri McPhee
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Originally Posted by JTF View Post
Unsourced household debris and hearsay testimony is not the type of evidence that would provide him with the key to freedom.

http://www.macdonaldcasefacts.com
It was a gross miscarriage of justice. There should be some method for innocent people to get out of prison in America. Judge Fox was dishonest when he said he could be impartial when he took over the case when Dupree died in about 1994:

https://www.nytimes.com/2012/10/14/o...is-served.html

Quote:
Now there is a mountain of evidence supporting Mr. MacDonald and debunking the case against him. This case may have gone on for four decades, but it should go on until justice is served.

Last edited by Henri McPhee; 23rd May 2019 at 02:52 AM.
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Old 23rd May 2019, 04:17 AM   #1429
byn63
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Originally Posted by Henri McPhee View Post
It was a gross miscarriage of justice.
What exactly was a gross miscarriage of justice?

Originally Posted by Henri McPhee View Post
There should be some method for innocent people to get out of prison in America.
There IS a way for INNOCENT PEOPLE to get out of jail. The problem for you is that inmate is not INNOCENT. He is guilty, been proven guilty many times over, and despite your belief that you know better than the distinguished Judges and Lawyers who have handled this case (especially for the prosecution) he remains guilty.

Originally Posted by Henri McPhee View Post
Judge Fox was dishonest when he said he could be impartial when he took over the case when Dupree died in about 1994:
Judge Fox was not dishonest neither was Judge Dupree or any of the other Judges that have reviewed this case in the past 40 years. Just because YOU don't want to believe your mancrush is guilty doesn't make him innocent. Haven't you figured out yet that it is not possible for inmate to be innocent and EVERYONE else involved in the case be wrong, dishonest, sneaky, or "silly" as you are wont to comment?
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Old 23rd May 2019, 10:15 AM   #1430
Henri McPhee
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Originally Posted by byn63 View Post
Haven't you figured out yet that it is not possible for inmate to be innocent and EVERYONE else involved in the case be wrong, dishonest, sneaky, or "silly" as you are wont to comment?
There is another example of a miscarriage of justice in America on the internet today which has similarities to the MacDonald case:

https://www.msn.com/en-gb/news/crime...cid=spartanntp

Quote:
“At the end of the day, we came to some very simple conclusions,” Mr. Sini said. “We don’t believe Mr. Bush committed this murder. We believe Mr. Bush was denied a fair trial. And we believe that John Jones is a more probable suspect in this crime.”

Last edited by Henri McPhee; 23rd May 2019 at 10:17 AM.
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Old 23rd May 2019, 11:07 AM   #1431
JTF
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Get Over It

Originally Posted by Henri McPhee View Post
It was a gross miscarriage of justice. There should be some method for innocent people to get out of prison in America. Judge Fox was dishonest when he said he could be impartial when he took over the case when Dupree died in about 1994:

https://www.nytimes.com/2012/10/14/o...is-served.html
Again, inmate had more chances at freedom than any CONVICTED murderer in history. Eight shots at relief, yet he couldn't come close to meeting HIS burden. Inmate knew that the ONLY way to meet his "daunting burden," was to present evidence that was DEFINITIVELY sourced to a SPECIFIC individual. Like most sociopaths/psychopaths, inmate thought he could skip over those pesky details, and simply manipulate the court system by making hyperbolic evidentiary claims.

Inmate's pitiful attempts at manipulation involved a strategy of re-packaging the SAME evidentiary arguments over and over again. Prime example is the attempt to make inferences as to the source of hairs/fibers collected at the crime scene. Beginning in 1989, the defense has consistently argued that...

- Helena Stoeckley was the source of most of this household debris.

- Greg Mitchell was the source of some of the hairs collected at the crime scene.

- Unnamed fellow hippie home invaders were the source of the remaining household debris collected at the crime scene.

The FACT that none of this household debris was DEFINITIVELY sourced (e.g., macroscopic/microscopic analysis, chemical composition analysis, DNA testing) to a SPECIFIC individual did not deter inmate from regurgitating the same evidentiary arguments. These arguments were shot down by Judge Dupree in 1990, the 4th Circuit Court in 1992, Judge Fox in 1997, the 4th Circuit Court in 1998, Judge Fox in 2008, Judge Fox in 2014, and the final nail in this pathetic legal ruse was hammered in by the 4th Circuit Court on 12/21/18.

http://www.macdonaldcasefacts.com

Last edited by JTF; 23rd May 2019 at 11:18 AM.
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Old 23rd May 2019, 12:25 PM   #1432
BStrong
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Originally Posted by Henri McPhee View Post
It was a gross miscarriage of justice. There should be some method for innocent people to get out of prison in America. Judge Fox was dishonest when he said he could be impartial when he took over the case when Dupree died in about 1994:
The problem is obvious but you still can't accept the truth.
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Old 24th May 2019, 09:24 AM   #1433
byn63
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Originally Posted by Henri McPhee View Post
The footprints are some of the biggest load of crap in the case....
No the footprints ARE NOT a load of crap. The ridge details were not visible in photographs of the footprint HOWEVER there was sufficient ridge detail visible when the ONLY PRINT EXAMINER to have looked at the prints in situ examined the footprints and compared them to inmate, Colette, and Ron Harrison's prints.

There is also a very REASONABLE and OBVIOUS reason why ridge details would not be discernible in the photographs. It is called wood grain! There is a computer program that could be used to bring out (or at least try to bring out) the ridge details in the photograph that was developed in the 1980s. The program was created when a young woman was brutally and savagely attacked sexually and murdered in her own bed. The murderer left a hand print in her blood on the bed sheet. The program removed or lessened the visibility of the thread count and the pattern on the sheet and the print became readable.

Professor Osterburg didn't use common sense when he claimed he couldn't imagine how the ridge details "disappeared".....but I am not surprised you would cling to the nonsensical.....
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Old 24th May 2019, 09:53 AM   #1434
Henri McPhee
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Originally Posted by JTF View Post
The FACT that none of this household debris was DEFINITIVELY sourced (e.g., macroscopic/microscopic analysis, chemical composition analysis, DNA testing) to a SPECIFIC individual did not deter inmate from regurgitating the same evidentiary arguments.

http://www.macdonaldcasefacts.com
That's sheer ignorance of the facts. It was never properly investigated.
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Old 24th May 2019, 10:11 AM   #1435
Henri McPhee
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Originally Posted by byn63 View Post
Professor Osterburg didn't use common sense when he claimed he couldn't imagine how the ridge details "disappeared".....but I am not surprised you would cling to the nonsensical.....
A Poster called Red had a few words to say about the footprints in the MacDonald case on a forum dominated by JTF and Byn as usual:

https://www.tapatalk.com/groups/jeff...t1088-s30.html

Quote:
As these older threads continue to come up, I'll show the other side of each subject. As far as this thread goes, the footprint argument has been shown to be a moot point, with no bearing on the case.

Last edited by Henri McPhee; 24th May 2019 at 10:13 AM.
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Old 24th May 2019, 10:55 AM   #1436
BStrong
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Originally Posted by Henri McPhee View Post
A Poster called Red
Is this the starting point of a limerick?

There once was a poster called Red
Whose opinion didn't need to be read...
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Old 24th May 2019, 02:57 PM   #1437
JTF
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A Reminder

Originally Posted by Henri McPhee View Post
That's sheer ignorance of the facts. It was never properly investigated.
It's important to point out that for the past 16 years, you've refused to answer the following challenge. Produce a lab document that DEFINITIVELY sources a piece of evidence to a member of the Stoeckley Seven. As I mentioned in a prior post, this includes DNA testing, macroscopic/microscopic examinations of hairs/fibers, and chemical composition analysis of fibers. This same challenge was put forth by Judge Fox and the 4th Circuit Court, but inmate was unable to meet that challenge.

http://www.macdonaldcasefacts.com
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Old 29th May 2019, 07:33 AM   #1438
byn63
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Originally Posted by Henri McPhee View Post
A Poster called Red had a few words to say about the footprints in the MacDonald case
Red? roflmao! he does not know the FACTS of the case and he certainly was ill informed when he claimed the footprints were a "moot point" because they are not. Inmate put ALL of the alleged intruders in shoes and boots so a BARE FOOT PRINT is of importance. 1 print examiner was able to view the prints in situ and he compared exemplars from inmate, Ron Harrison, and Colette and determined the footprint to be inmate's. Since SOP requires 2 print examiners to verify a "confirmed match" at trial the best that could be legally stated was "the print appears to belong to....". However, even inmate admitted the prints were "likely" his so the fact that there were prints exiting Kristy's room and that was it, the prints tell the story of inmate moving Colette back to the master bedroom.

Originally Posted by Henri McPhee View Post
on a forum dominated by JTF and Byn
how about that JTF and Byn dominated a forum "as usual" I take that as a complement!
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Old 29th May 2019, 12:18 PM   #1439
byn63
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Oh I forgot to post the following information:
1. Inmate no longer has a lawyer
2. if inmate is going to file anything he will be acting pro se
3. according to my sources the deadline for filing with the USSC was 5/20/19
4. there has been no sign of a request for extension to file
5. there is no sign of a filing for Writ of Certorari
6. IF inmate wants to get back into court he will need "new" evidence that has not been litigated AT ALL as well as a constitutional error
7. INMATE IS DONE
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Old 29th May 2019, 01:01 PM   #1440
BStrong
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Originally Posted by byn63 View Post
Oh I forgot to post the following information:
1. Inmate no longer has a lawyer
2. if inmate is going to file anything he will be acting pro se
3. according to my sources the deadline for filing with the USSC was 5/20/19
4. there has been no sign of a request for extension to file
5. there is no sign of a filing for Writ of Certorari
6. IF inmate wants to get back into court he will need "new" evidence that has not been litigated AT ALL as well as a constitutional error
7. INMATE IS DONE
IIRC, he has an "amatuer lawyer" right here...
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