[Merged] Jeffrey MacDonald did it. He really did. - Page 17

byn63 · 7th May 2014, 08:28 AM

counting down the days until Judge Fox publishes his opinion on the current appeal seems to have caused the time to slow down!

Katy0755 · 7th May 2014, 03:24 PM

I'm with you, Byn! I keep checking Pacer every couple of days, but nothing yet.

I know you had plans on Sunday, but we sure missed you at chat. Your old buddy, Rebel, showed up, and it was amusing, to say the least! She's just the same - avoid the evidence, attack the posters - perhaps some things will never change.

If I see anything on Pacer, I'll be sure and give a shout out! Meanwhile, we wait....

Just wondering...Henri, have you ever attended any of the chats?

byn63 · 8th May 2014, 09:55 AM

dang, I missed the chance to argue with Rebby in real time!

JTF · 8th May 2014, 03:42 PM

In 2008, Judge Fox denied inmate relief for the 2nd time in his tenure as the Judge of Record in this case. Since that decision was rendered, the defense has attempted to make an end run around the evidence put forth by the government at the 1979 trial.

With the help of the 4th Circuit Court, they succeeded in doing so, but Brian Murtagh wisely put the focus back on this evidence during his closing arguments at the 2012 evidentiary hearing.

Murtagh presented the trial evidence to Judge Fox in his usual thorough manner and the core of his presentation was that inmate's statements don't square with the physical evidence collected at the crime scene.

http://www.macdonaldcasefacts.com

byn63 · 15th May 2014, 06:31 AM

I noticed back around page 9 (still reading thru the forum as I can) that Henri was once again bleating on about how terrible inmate's injuries were and I feel compelled to respond.

Inmate was barely injured and he was NOT knocked unconscious. The only wound that inmate sustained that required treatment was the 1cm neat, clean, surgically precise incised wound in the fifth intercostal space. The bone was not even knicked! That removes the probability that the person inflicted such a wound was drugged out or crazed in any form. Also, inmate's claim of being knocked unconscious is medically impossible.

Dr. Mary Case (certified in both forensic and nueropathology) testified in a different murder case that it is impossible for someone to have been knocked unconscious and then remember the blow that caused the loss. Also, memory prior to the blow and after regaining consciousness would be affected. the longer the person was unconscious the worse the memory impairment. This is MEDICAL FACT. Using this information, we can see that inmate's tale of remembering 3 men and a woman in a floppy hat, and/or the struggle with these people, and/or hearing Colette's alleged "Jeff, Jeff..." is IMPOSSIBLE. Not just improbable it is impossible.

Take this information and combine it with his allegedly being awakened (so he'd not have his glasses on) and the kitchen light being on which would have backlit the intruders........thus, he could not have provided a detailed description.

byn63 · 15th May 2014, 06:40 AM

Injuries - inmate didn't truly have injuries he only stayed in the hospital because there was no where to release him to since his housing was a crime scene.

contrast that to:

Kimmie's facial midline was totally dislocated. the initial blow likely put her into an unrecoverable coma. the force of the blow fractured her cheek bone forcing the broken end through her skin into the open air. her blood and brain serum were splattered in the MB, including on the interior door frame. (I believe there was also some on a pair of men's white shoes in the closet). There was a full thickness 6" stain of her blood on the MB white shag carpet. I do not now nor will anyone ever convince me that the blow to Kimmie's head by her father was accidental. The damage inflicted upon her poor little 5 year old head was such that it is apparent to ME that he lined up Kimmie's head like he would at bat, and swung for the fences.

Kristy - was stabbed at least twice directly in her heart. That little tiger fought against her father and had a defensive wound to the bone on her little hand. She was not beaten with the club, but, she would have suffered from a condition called cardiac tampanade which is when the sac around the heart filled with so much blood the heart could no longer beat.

Inmate had a small cut on his hand, a bruised abraision on his forehead, some fingernail scratches on his chest, and a self inflicted wound between the ribs. NO comparison. He is a coward who continues to wave the white feather and will never admit to his horrendous actions.

byn63 · 15th May 2014, 06:44 AM

sorry about the double post

Injuries - inmate didn't truly have injuries he only stayed in the hospital because there was no where to release him to since his housing was a crime scene.

contrast that to:

Kimmie's facial midline was totally dislocated. the initial blow likely put her into an unrecoverable coma. the force of the blow fractured her cheek bone forcing the broken end through her skin into the open air. her blood and brain serum were splattered in the MB, including on the interior door frame. (I believe there was also some on a pair of men's white shoes in the closet). There was a full thickness 6" stain of her blood on the MB white shag carpet. I do not now nor will anyone ever convince me that the blow to Kimmie's head by her father was accidental. The damage inflicted upon her poor little 5 year old head was such that it is apparent to ME that he lined up Kimmie's head like he would at bat, and swung for the fences.

Kristy - was stabbed at least twice directly in her heart. That little tiger fought against her father and had a defensive wound to the bone on her little hand. She was not beaten with the club, but, she would have suffered from a condition called cardiac tampanade which is when the sac around the heart filled with so much blood the heart could no longer beat.

Inmate had a small cut on his hand, a bruised abraision on his forehead, some fingernail scratches on his chest, and a self inflicted wound between the ribs. NO comparison. He is a coward who continues to wave the white feather and will never admit to his horrendous actions.

Bunny · 15th May 2014, 09:33 AM

Originally Posted by byn63

sorry about the double post

...Kimmie's facial midline was totally dislocated. the initial blow likely put her into an unrecoverable coma. the force of the blow fractured her cheek bone forcing the broken end through her skin into the open air. her blood and brain serum were splattered in the MB, including on the interior door frame...

About the so-called "brain serum" of Kim's, which supposedly was found on the master bedroom door frame, I've been searching for a long time for any factual information which might support this idea, but have never found it. Unless I missed it somehow, there's nothing at all in the lab reports or testimonies or witness statements or anywhere else that I can find, that refers to findings of brain serum on door frames or anywhere else.

That said, I think I may have found the answer as to how this idea of "brain serum on the master bedroom door frame" might have evolved.

On the Exhibits and Findings site at themacdoanldcase.com, check out Exhibit D61 (sorry I can't post the direct link; the system won't let me do that yet).

D61 is described as "Red-brown stain on north hall wall." The findings show that this is Type AB blood (same as Kim). Notations on one photo describe this as being located on the north hall wall just outside Kristen's bedroom, and as having a "diluted" appearance. Seeing that, I had to wonder: Why was AB blood found on the wall just outside Kristen's room, when no one was struck in that part of the hallway?

Then, take a look at the first diagram, where the location of D61 is circled. Using the measurements of 2' 6" that are shown for Kim's and Kristen's doorway openings, D61 would have been located about 5' away from the master bedroom.

I now believe that the "diluted" appearance of this exhibit led some investigator (Kearns, maybe?) to surmise that it might be brain serum. If my assumptions are correct, this would mean that whether or not this was in fact brain serum, it was actually NOT on the master bedroom door frame at all, but instead was located 5' away, down the hallway.

Either way, having Kim's type AB blood 5' away from the master bedroom doorway, where she was actually struck, shows once again the force behind MacDonald's rage. May she forever rest in peace, and may there never be a peaceful day for her killer ever again.

JTF · 15th May 2014, 04:33 PM

BUNNY: Nice work.

http://www.macdonaldcasefacts.com

byn63 · 16th May 2014, 07:51 AM

I know I read somewhere in all the available documentation about Kimmie's brain serum being found. I guess I will now have to go back to my notes and try and track it down.

JTF · 16th May 2014, 04:23 PM

The first time that the brain serum issue came to light was during a 1999 Court TV documentary on the MacDonald case. The narrator stated that Kimmie was struck with such force that her brain serum was found on the master bedroom door frame. Since this documentary aired, the only mention of brain serum being found at the crime scene was in Christina Masewicz's book SCALES OF JUSTICE and a 2012 article comparing/contrasting Joe McGinniss' FINAL VISION with Errol Morris' WILDERNESS OF ERROR.

To my knowledge, there is no CID or FBI documentation that corroborates this claim. IMO, Bunny has made a compelling case for the spatter found on the door frame and/or wall being blood, not brain serum. Either way, the spatter patterns demonstrate that the initial blow to Kimmie's head was not accidental.

http://www.macdonaldcasefacts.com

Katy0755 · 17th May 2014, 09:59 AM

I've always been confused about the brain serum issue...wasn't it something Peter Kearns mentioned in an interview, but for which there is no real documentation for?

Hey, Byn, Maryland girl, happy Preakness Day! My money is on California Chrome...

byn63 · 17th May 2014, 10:17 AM

Hi Katy0755 - my money is on Chrome too!

JTF - my point is twofold (1) I KNOW I read somewhere that the serum was found on the door frame and (2) just because the spatter had blood it doesn't mean that there was not ALSO brain serum in the spatter. in fact, with the type of injury Kimmie suffered it would not be unreasonable for brain serum to be found along with the blood.

I am searching my notes to see if I can find where I read it.

JTF · 18th May 2014, 02:07 AM

KATY: The 1999 Court TV documentary CONTROVERSIAL TRIALS was the 1st time that this issue was raised and since Peter Kearns was interviewed for this documentary, it was assumed that he provided the producers with the brain serum claim. It was the narrator of the program, not Kearns, who mentioned that Kimmie's brain serum was found on the master bedroom door frame.

What does the record say? CID Exhibits D10 and D10A are listed as "Red-Brown stain from bottom south edge of west door jamb in east bedroom." There is no mention of brain serum being collected from the door jamb in the east bedroom in any CID Exhibit or hand written note by Chamberlain or Ivory.

Could brain serum have been found on the door frame? It's possible, but there is no CID documentation that corroborates this claim. If the CID is going to document the presence of tinsel, nuts, wax, animal hair, and fecal matter, they are certainly going to document the presence of brain serum at 544 Castle Drive.

http://www.macdonaldcasefacts.com

Henri McPhee · 21st May 2014, 07:06 AM

Originally Posted by BenjaminTR

Actually, there is ample documentation that Mazerolle was in prison at the time of the murder. You can find ten separate official court documents about his case at this site: http://www.thejeffreymacdonaldcase.c...documents.html.

This includes an official record of his being incarcerated from January 20-March 10, 1970; a docket listing thirteen court dates related to his case; two subpoenas for witnesses to testify in Mazerolle's trial on February 17, 1970 (the day of the murders); his indictment from February 2, 1970; and a couple others.

He was in custody at the time. Of all suspects to fixate on, Mazerolle is probably the worst choice. He obviously did not do it.

I completely disagree with you. I understand that America is a different country, but it seems to be extremely right-wing to me, and many Americans seem to be totally ignorant. Why try to march on Moscow? It's want of judgement. Americans must learn to be judicially minded, and their police must learn not to be just agents of the rich.

Allen Patrick Mazerolle and Greg Mitchell did the MacDonald murders along with their accomplices, and they have never been properly investigated.

This is part of what I have written about the Mazerolle matter in the past:

"I disagree with Byn about Mazerolle. Detective Beasley is on record as saying he saw Mazerolle out of jail with his own eyes at the time of the MacDonald murders. Detective Beasley was no fool, like the bent cop Ivory was. I agree that there might be a piece of paper indicating Mazerolle might have been in jail at the time of the MacDonald murders.

There is such a thing as fraud in these bail bond matters, and fraud is what Detective Beasley believed happened with regard to Mazerolle, and with regard to his supposed time in jail.

Dr MacDonald’s description of the woman holding a candle and the floppy hat and boots matched Helena Stoeckley exactly. That was what first aroused Detective Beasley’s suspicions about the Stoeckley gang."

Katy0755 · 21st May 2014, 11:33 AM

So often I find my lack of understanding forensic science very frustrating. I've read quite a bit - but what is done now, as compared to what they did in 1970 - is so completely different.

Regarding Kimmie's blood stain on the door frame...I know they would test the stain for blood typing; but would they have tested it for composition? I would imagine that would be the only way they would know if brain serum was present. And - unless there were bits of brain tissue found with the stain, would they do further testing once it was determined that the stain was human blood? I have no idea about any of this.

Does any one know? I'd love to hear.

byn63 · 21st May 2014, 03:58 PM

Brain Serum - sorry if I confused anyone; I never said the brain serum was listed in CID documentation or lab notes. HOWEVER, I am sure I read it somewhere.....

so, today after some searching I found one of my books that holds notes on the case. section is headed "Medical" but no document is listed and it is the first place in my notes that I found Brain Serum mentioned. My notes say "PKearns" and brain serum - 2 places door jam and carpet. So, while I will continue to search my notes (covers at least 16 journals) for more, what I was wondering if the notes I found might be from our old conversations at A&E (old board) or if it was from conversations about Peter Kearns interviews. JTF/bunny - ring any bells?

katy - I am trying to get confirmation - what I have heard so far (1) brain serum clear (2) not sure if there was/is a way to determine composition and (3) it is likely that brain serum was at least in the 6" stain on the carpet (from description of the injury to Kimmie's head). I will keep looking for answers......

JTF · 21st May 2014, 05:18 PM

If the massive fracture to Kimmie's cheekbone was the result of the blow from the club in the master bedroom, I would assume there would be no brain serum found in the six-inch circle of Type AB blood found on the shag carpet. Both CID investigators and Paul Stombaugh theorized that the blow which fractured Kimmie's skull was inflicted as she lay motionless in her bed.

In that scenario, it is possible that brain serum would have been present on her pillow. Unfortunately, the Court TV documentary specifically mentions the master bedroom door frame as being the location where brain serum was allegedly found. There is no CID documentation of brain serum being found on the master bedroom door frame/jamb or on Kimmie's pillow.

According to CID documents, Kimmie's blood was found in two separate locations on the master bedroom door jamb, a massive Type AB blood stain was found on Kimmie's pillow, and a 20.5 inch warp yarn sourced to inmate's torn pajama top was found on that same pillow.

http://www.macdonaldcasefacts.com

Katy0755 · 22nd May 2014, 07:00 AM

I apologize if this topic has already been discussed; but I would like to comment on Kimmy's injury in the master bedroom. Brian Murtagh states:

“Then, he swings the club. I’m willing to give him the benefit of the doubt. I don’t think he was going for the girl. I think he swung at Colette but he missed and cracked Kimmy’s head open like a walnut. She falls and bleeds copiously on the shag rug."

There is no one I respect more than Brian when it comes to the MacDonald case. But after reading the above posts that gruesomely describe the first blow to Kimmy's head, I believe it was intentional. I do agree with Brian that it was Kim's bed-wetting, which triggered the initial rage in MacDonald. I believe that once he had obtained the club, his rage was roaring out of control, and he back-handed Kimmy with the club. My opinion is that the blow was too severe to be unintentional.

As I said, just my opinion!

byn63 · 22nd May 2014, 02:25 PM

JTF - the blow to the head is EXACTLY why the 6" stain likely contains brain serum. that severe an injury fluid could leak from the nose, ears, and mouth. the midline fracture/dislocation and broken cheekbone could have easily meant an easy path for the fluid around the brain to exit the body.

byn63 · 22nd May 2014, 02:29 PM

Originally Posted by Katy0755

I apologize if this topic has already been discussed; but I would like to comment on Kimmy's injury in the master bedroom. Brian Murtagh states:

“Then, he swings the club. I’m willing to give him the benefit of the doubt. I don’t think he was going for the girl. I think he swung at Colette but he missed and cracked Kimmy’s head open like a walnut. She falls and bleeds copiously on the shag rug."

There is no one I respect more than Brian when it comes to the MacDonald case. But after reading the above posts that gruesomely describe the first blow to Kimmy's head, I believe it was intentional. I do agree with Brian that it was Kim's bed-wetting, which triggered the initial rage in MacDonald. I believe that once he had obtained the club, his rage was roaring out of control, and he back-handed Kimmy with the club. My opinion is that the blow was too severe to be unintentional.

As I said, just my opinion!

I totally agree the injury was too severe to have been unintentional. I see inmate holding the club like a baseball bat; lining up and using Kimmie's little head as a baseball and he swung for the fences.

the severity of the injury is why I am thinking brain serum was in the spatter and/or soaking stain from Kimmie. I KNOW I read it somewhere - just have not had the time to search through all my notes. Also trying to get a clear answer on whether or not composition of the stain could have been determined forensically.......

JTF · 23rd May 2014, 04:19 PM

In regards to Judge Fox's 4/17/14, request to have a transcript of Part One of the 4/6/70 CID interview with inmate, the following excerpt illustrates why this request doesn't bode well for inmate's chances at a new trial.

SOURCE: Fatal Vision Page 108

TOPIC: 4/6/70 CID Interview

"And so, on this first Monday morning of April 1970, he could not realize that the account he was about to render would stick to him like tar for years afterward, in all its messy, inconvenient detail, despite his many attempts to cleanse himself of it as his understanding of the physical evidence, and its implications, increased."

http://www.macdonaldcasefacts.com

JTF · 30th May 2014, 06:05 PM

SOURCE: Closing arguments presented by Brian Murtagh at the 2012 evidentiary hearing.

The most important question that any investigator ever asked Dr. MacDonald was early on, on April 6th, 1970, when Bob Shaw asked MacDonald, how is it, Doctor, your pajama top is soaked in blood and there's only a little bit of blood on the pocket? So, as happened on several occasions, MacDonald has to invent facts without knowing all the consequences of those inventions.

http://www.macdonaldcasefacts.com

Bunny · 4th June 2014, 09:10 AM

Hi, Katy:

I'm also a big Murtagh fan, but bear in mind that he (and Michael Malone) wrote the following in a June 1993 Police Chief article:

"Given the other evidence, which establishes that MacDonald's pajama top was torn in the master bedroom and that Colette and Kimberley were struck there with the club, it is entirely consistent that the initial focus of the confrontation was Kimberley. As Kimberley screamed in response to her father's blows, Colette picked up the Geneva Forge knife and attempted to stab MacDonald. In response, MacDonald grabbed the club, and in the fray, struck Kimberley and fractured her skull."

This seems a bit ambiguous to me, since Murtagh first says the "initial focus of the confrontation was Kimberley," then ends by saying she was struck "in the fray." I also note that there's no mention of brain serum in the article, which would have been an ideal thing to mention if it existed (I believe it wasn't mentioned because there's no documentation or confirmation of anyone's brain serum on any door frame or anywhere else), but I guess interpretation of these statements will have to be left up to the reader.

JTF · 6th June 2014, 04:58 PM

BUNNY: Judging by their statements at the 1979 trial, both James Blackburn and Brian Murtagh believed that the main precipitent for inmate's explosion was Kimmie wetting his side of the master bed. IMO, Murtagh's statement about Kimmie being the initial focus was in reference to this bed wetting incident and the "fray" involved the initial fight between inmate and Colette.

In terms of Murtagh's statement about Kimmie responding to her father's blows, the only logical inference is that inmate was striking Kimmie with an open hand or fist which led to Colette obtaining the Geneva Forge knife. I disagree with Murtagh on this timeline, but his knowledge of the case provides his theory with ample credibility.

http://www.macdonaldcasefacts.com

JTF · 6th July 2014, 03:23 PM

Judge Fox has not yet made a decision on whether inmate deserves a new trial. In the past, Judge Fox has taken 2 years to make decisions on key issues in this case. The evidentiary hearing that dealt with the "evidence as a whole," took place in September of 2012, so his decision will most likely be rendered in the next few months.

http://www.macdonaldcasefacts.com

JTF · 16th July 2014, 06:28 PM

In the past 16 months, nary a word has been uttered about this case by Errol Morris. Poor book sales and several articles that were critical of his "research" methods appear to be the impetus for his silence on the MacDonald case. The bottom line is that Morris is a brilliant filmmaker, but a lousy private eye.

Despite his assertions to the contrary, Morris is an advocate for convicted murderer Jeffrey MacDonald and his book is simply a means to regurgitate the same debunked claims leveled by the MacDonald camp for the past 44 years. The facts are that MacDonald was convicted in less than 7 hours of murdering his wife and two daughters. At trial, the prosecution presented over 1,100 evidentiary items and the lone source of key evidentiary items was Jeffrey MacDonald.

This includes blood, fiber, bloody fabric impression, and bloody footprint evidence. Morris fails to mention the fact that there is documented proof that Jimmy Britt lied in his affidavit and that a limb hair found clutched in his wife's hand matched the DNA profile of Jeffrey MacDonald. Morris also fails to mention the fact that no unsourced hairs were found under his youngest child's fingernail at autopsy. What was found under his youngest child's fingernail was a fiber from her father's torn pajama top. This is not a case, but a cause for Morris. I just wish he had the guts to admit it.

http://www.macdonaldcasefacts.com

desertgal · 16th July 2014, 09:18 PM

Wow, Henri hasn't posted a lame argument since May. Maybe his mom took his computer away.

JTF · 17th July 2014, 02:47 PM

DESERTGAL: I think he is hiding out with Errol Morris, smoking copious amounts of marijuana, and chanting, "Acid is groovy. Kill the pigs."

http://www.macdonaldcasefacts.com

Katy0755 · 21st July 2014, 12:03 AM

Thanks, JTF, for the best laugh I've had in days!

Bunny · 21st July 2014, 11:36 AM

Just to clear up references to so-called findings of AB blood on either of the east bedroom door jambs...

When he was questioned by the defense on July 5, 1970, prior to the Article 32 hearing, CID investigator Robert Shaw spoke of Type AB blood on the north and south walls of the hallway, and on "the doorjamb" of the east bedroom:

Quote:

[SHAW]...Now there was some AB blood, perhaps not large, on the doorjamb.

Q Approximately how high on the doorjamb, if you recall?

A Four to six inches.

Q Four to six inches?

A Yes.

Q Were there any other AB type bloodstains higher on the walls of the hall doorjamb or the east bedroom, in that general vicinity where it might be reasonable to think blood may have spattered from the blow being struck in that vicinity, if it was struck?

A There were either in fact or were indications of AB blood down in [the] hallway on this south wall of the hall, and some other scattered there, some spots of blood, Captain Douthat, without looking at the laboratory report and all of that.

Actually, although the USACIL lab reports do list Type AB blood on the north hall wall (Exhibit D61), there is no specific finding shown in the lab reports of Type AB blood on either of the east bedroom door jambs. There are only findings on those jambs for "blood" and human blood, with further blood typing precluded due either to the paucity of the stain or the contamination of the stain. It certainly could be expected that Kimberley's blood type could have been on an east bedroom door jamb, but the lab reports don't conclude it definitively.

JTF · 24th July 2014, 11:17 PM

The legal phase of the Jeffrey MacDonald case is finally over. On 7/24/14, Judge Fox took names and kicked ass. His decision covers both the "evidence as a whole" AND the merits of the Britt and DNA claims. Judge Fox clearly understood that the burden of proof was "extraordinarily high" and that the defense didn't come close to meeting that burden. The government proved that Britt was a serial fabricator, that the DNA tests were more inculpatory than exculpatory, and that the remaining issues had been litigated several times over.

Anyone who has followed the legal machinations of this case realizes that this was inmate's last REAL shot at a new trial. Yeah, inmate will give his lawyers more money to file an appeal to the 4th Circuit Court, but there is little chance that they will overturn Judge Fox for a 2nd time. The thoroughness of his decision put a stop to the hopes and dreams of Jeffrey MacDonald. He will not pop champagne with Kathryn. He will not practice medicine ever again.

He is a liar, a coward, and a psychopath. Without an ounce of remorse, he took the lives of Colette, Kimmie, and Kristen. He escaped justice for 9 years, but the truth caught up to him and he will spend the rest of life in prison. Kathryn, Rebel, Errol Morris, Harvey Silverglate, and other believes and/or advocates can no longer ignore documented fact. The evidence of his guilt is overwhelming and Judge Fox placed a big, rubber stamp on that evidence.

Cheers to all the hard work put in by investigators, lab technicians, lawyers, and Freddy Kassab. Kudos should also go out to those in the general public who fought the good fight and reminded everyone that this case was about the physical evidence. The evidence was always more important that inmate's looks, personality, and charisma. The evidence made those attributes irrelevant and proved beyond ALL doubt that Jeffrey MacDonald is a mass murderer.

http://bloximages.newyork1.vip.townn...967ccf.pdf.pdf

Bunny · 25th July 2014, 07:41 AM

I saw the order (also posted at crimearchives.net/1979_macdonald in the New Uploads section). I'm still going through it (bad eyes), but how great to see this last nail in Mac's coffin get hammered in.

I wonder what Mac and Kathryn are thinking today as he sits there rotting away. It'll be interesting to see what's posted on his website, if and when they decide to update it. In the meantime, rah, rah, rah to Judge Fox for his decision; it's been a long wait, but we couldn't have asked for a better outcome.

Bunny · 25th July 2014, 09:03 AM

Originally Posted by JTF

...Yeah, inmate will give his lawyers more money to file an appeal to the 4th Circuit Court, but there is little chance that they will overturn Judge Fox for a 2nd time.

I note on the last two pages that Fox writes: "Having denied MacDonald’s motion, the court must determine if he has made a sufficient showing to entitle him to a certificate of appealability . . . Here, Macdonald has not made the requisite showing, and therefore, a certificate of appealability is DENIED."

Tiktaalik · 25th July 2014, 09:34 AM

Yay!

Bob001 · 25th July 2014, 10:30 AM

Originally Posted by Bunny

I note on the last two pages that Fox writes: "Having denied MacDonald’s motion, the court must determine if he has made a sufficient showing to entitle him to a certificate of appealability . . . Here, Macdonald has not made the requisite showing, and therefore, a certificate of appealability is DENIED."

I in no way have anything good to say about Dr. M. But does this mean that a judge can determine that his decision CANNOT be appealed? I'm not sure that's a good idea. Is that standard procedure? If you don't like a judge's decision, you have to get his permission to appeal it? What keeps any judge from announcing that any decision can't be appealed?

Ampulla of Vater · 25th July 2014, 01:25 PM

Originally Posted by Bob001

I in no way have anything good to say about Dr. M. But does this mean that a judge can determine that his decision CANNOT be appealed? I'm not sure that's a good idea. Is that standard procedure? If you don't like a judge's decision, you have to get his permission to appeal it? What keeps any judge from announcing that any decision can't be appealed?

I'm not sure that is what that means. I believe, and I could be wrong (but don't ever tell anyone if I am) it means the judge did not find any violation of the guy's constitutional rights. Since there was no violation of his rights, it cannot be appealed based on that particular thing. It only has to do with a constitutional right being violated.

JTF · 25th July 2014, 02:24 PM

In his 2008 decision, Judge Fox came to the same conclusion regarding inmate's right to file a COA, but the 4th Circuit Court disagreed. IMO, the 4th Circuit Court will allow inmate to file a COA, oral arguments will occur late next year, and they will concur with Judge Fox's 7/24/14 decision in 2016.

Inmate will then appeal to the U.S. Supreme Court and, IMO, they will refuse to hear the case which will bring an OFFICIAL end to the legal phase of the Jeffrey MacDonald case. As I mentioned in my prior post, Judge Fox's decision ended any REAL chance for inmate to receive a new trial.

http://www.macdonaldcasefacts.com

Katy0755 · 25th July 2014, 03:25 PM

JTF, I think you are spot on in predicting the next moves of the MacDonald camp. But my question is this: how do they expect to pay for all of this? I don't imagine Gordie will continue on just out of the goodness of his heart (and, IMO, if Mac is as difficult a client as I've heard, Gordie would no doubt love to be done with all of it). I would also imagine that Mac still owes Widenhouse a hefty chunk of change from these last proceedings...

This is just my opinion, but I have a feeling that Perry's trust fund money may be all gone; and Mac's defense fund is also empty due to lack of contributors. So, Mr and Mrs. Inmate...who's going to pay your legal fees?

Any ideas?

Katy0755 · 25th July 2014, 03:27 PM

JTF, I think you are spot on in predicting the next moves of the MacDonald camp. But my question is this: how do they expect to pay for all of this? I don't imagine Gordie will continue on just out of the goodness of his heart (and, IMO, if Mac is as difficult a client as I've heard, Gordie would no doubt love to be done with all of it). I would also imagine that Mac still owes Widenhouse a hefty chunk of change from these last proceedings...

This is just my opinion, but I have a feeling that Perry's trust fund money may be all gone; and Mac's defense fund is also empty due to lack of contributors. So, Mr and Mrs. Inmate...who's going to pay your legal fees?

Any ideas?

7th May 2014, 08:28 AM	#641
byn63 Muse Join Date: Apr 2014 Posts: 898	counting down the days until Judge Fox publishes his opinion on the current appeal seems to have caused the time to slow down!
byn63 Muse Join Date: Apr 2014 Posts: 898

7th May 2014, 03:24 PM	#642
Katy0755 Scholar Join Date: Apr 2014 Posts: 73	I'm with you, Byn! I keep checking Pacer every couple of days, but nothing yet. I know you had plans on Sunday, but we sure missed you at chat. Your old buddy, Rebel, showed up, and it was amusing, to say the least! She's just the same - avoid the evidence, attack the posters - perhaps some things will never change. If I see anything on Pacer, I'll be sure and give a shout out! Meanwhile, we wait.... Just wondering...Henri, have you ever attended any of the chats?
Katy0755 Scholar Join Date: Apr 2014 Posts: 73

8th May 2014, 09:55 AM	#643
byn63 Muse Join Date: Apr 2014 Posts: 898	dang, I missed the chance to argue with Rebby in real time!
byn63 Muse Join Date: Apr 2014 Posts: 898

8th May 2014, 03:42 PM	#644
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	End Run In 2008, Judge Fox denied inmate relief for the 2nd time in his tenure as the Judge of Record in this case. Since that decision was rendered, the defense has attempted to make an end run around the evidence put forth by the government at the 1979 trial. With the help of the 4th Circuit Court, they succeeded in doing so, but Brian Murtagh wisely put the focus back on this evidence during his closing arguments at the 2012 evidentiary hearing. Murtagh presented the trial evidence to Judge Fox in his usual thorough manner and the core of his presentation was that inmate's statements don't square with the physical evidence collected at the crime scene. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

15th May 2014, 06:31 AM	#645
byn63 Muse Join Date: Apr 2014 Posts: 898	Inmate's injuries or lack thereof.... I noticed back around page 9 (still reading thru the forum as I can) that Henri was once again bleating on about how terrible inmate's injuries were and I feel compelled to respond. Inmate was barely injured and he was NOT knocked unconscious. The only wound that inmate sustained that required treatment was the 1cm neat, clean, surgically precise incised wound in the fifth intercostal space. The bone was not even knicked! That removes the probability that the person inflicted such a wound was drugged out or crazed in any form. Also, inmate's claim of being knocked unconscious is medically impossible. Dr. Mary Case (certified in both forensic and nueropathology) testified in a different murder case that it is impossible for someone to have been knocked unconscious and then remember the blow that caused the loss. Also, memory prior to the blow and after regaining consciousness would be affected. the longer the person was unconscious the worse the memory impairment. This is MEDICAL FACT. Using this information, we can see that inmate's tale of remembering 3 men and a woman in a floppy hat, and/or the struggle with these people, and/or hearing Colette's alleged "Jeff, Jeff..." is IMPOSSIBLE. Not just improbable it is impossible. Take this information and combine it with his allegedly being awakened (so he'd not have his glasses on) and the kitchen light being on which would have backlit the intruders........thus, he could not have provided a detailed description.
byn63 Muse Join Date: Apr 2014 Posts: 898

15th May 2014, 06:40 AM	#646
byn63 Muse Join Date: Apr 2014 Posts: 898	Injuries - inmate didn't truly have injuries he only stayed in the hospital because there was no where to release him to since his housing was a crime scene. contrast that to: Kimmie's facial midline was totally dislocated. the initial blow likely put her into an unrecoverable coma. the force of the blow fractured her cheek bone forcing the broken end through her skin into the open air. her blood and brain serum were splattered in the MB, including on the interior door frame. (I believe there was also some on a pair of men's white shoes in the closet). There was a full thickness 6" stain of her blood on the MB white shag carpet. I do not now nor will anyone ever convince me that the blow to Kimmie's head by her father was accidental. The damage inflicted upon her poor little 5 year old head was such that it is apparent to ME that he lined up Kimmie's head like he would at bat, and swung for the fences. Kristy - was stabbed at least twice directly in her heart. That little tiger fought against her father and had a defensive wound to the bone on her little hand. She was not beaten with the club, but, she would have suffered from a condition called cardiac tampanade which is when the sac around the heart filled with so much blood the heart could no longer beat. Inmate had a small cut on his hand, a bruised abraision on his forehead, some fingernail scratches on his chest, and a self inflicted wound between the ribs. NO comparison. He is a coward who continues to wave the white feather and will never admit to his horrendous actions.
byn63 Muse Join Date: Apr 2014 Posts: 898

15th May 2014, 06:44 AM	#647
byn63 Muse Join Date: Apr 2014 Posts: 898	sorry about the double post Injuries - inmate didn't truly have injuries he only stayed in the hospital because there was no where to release him to since his housing was a crime scene. contrast that to: Kimmie's facial midline was totally dislocated. the initial blow likely put her into an unrecoverable coma. the force of the blow fractured her cheek bone forcing the broken end through her skin into the open air. her blood and brain serum were splattered in the MB, including on the interior door frame. (I believe there was also some on a pair of men's white shoes in the closet). There was a full thickness 6" stain of her blood on the MB white shag carpet. I do not now nor will anyone ever convince me that the blow to Kimmie's head by her father was accidental. The damage inflicted upon her poor little 5 year old head was such that it is apparent to ME that he lined up Kimmie's head like he would at bat, and swung for the fences. Kristy - was stabbed at least twice directly in her heart. That little tiger fought against her father and had a defensive wound to the bone on her little hand. She was not beaten with the club, but, she would have suffered from a condition called cardiac tampanade which is when the sac around the heart filled with so much blood the heart could no longer beat. Inmate had a small cut on his hand, a bruised abraision on his forehead, some fingernail scratches on his chest, and a self inflicted wound between the ribs. NO comparison. He is a coward who continues to wave the white feather and will never admit to his horrendous actions.
byn63 Muse Join Date: Apr 2014 Posts: 898	Last edited by byn63; 15th May 2014 at 06:45 AM.

15th May 2014, 09:33 AM	#648
Bunny Scholar Join Date: Oct 2013 Posts: 98	Originally Posted by byn63 sorry about the double post ...Kimmie's facial midline was totally dislocated. the initial blow likely put her into an unrecoverable coma. the force of the blow fractured her cheek bone forcing the broken end through her skin into the open air. her blood and brain serum were splattered in the MB, including on the interior door frame... About the so-called "brain serum" of Kim's, which supposedly was found on the master bedroom door frame, I've been searching for a long time for any factual information which might support this idea, but have never found it. Unless I missed it somehow, there's nothing at all in the lab reports or testimonies or witness statements or anywhere else that I can find, that refers to findings of brain serum on door frames or anywhere else. That said, I think I may have found the answer as to how this idea of "brain serum on the master bedroom door frame" might have evolved. On the Exhibits and Findings site at themacdoanldcase.com, check out Exhibit D61 (sorry I can't post the direct link; the system won't let me do that yet). D61 is described as "Red-brown stain on north hall wall." The findings show that this is Type AB blood (same as Kim). Notations on one photo describe this as being located on the north hall wall just outside Kristen's bedroom, and as having a "diluted" appearance. Seeing that, I had to wonder: Why was AB blood found on the wall just outside Kristen's room, when no one was struck in that part of the hallway? Then, take a look at the first diagram, where the location of D61 is circled. Using the measurements of 2' 6" that are shown for Kim's and Kristen's doorway openings, D61 would have been located about 5' away from the master bedroom. I now believe that the "diluted" appearance of this exhibit led some investigator (Kearns, maybe?) to surmise that it might be brain serum. If my assumptions are correct, this would mean that whether or not this was in fact brain serum, it was actually NOT on the master bedroom door frame at all, but instead was located 5' away, down the hallway. Either way, having Kim's type AB blood 5' away from the master bedroom doorway, where she was actually struck, shows once again the force behind MacDonald's rage. May she forever rest in peace, and may there never be a peaceful day for her killer ever again.
Bunny Scholar Join Date: Oct 2013 Posts: 98

15th May 2014, 04:33 PM	#649
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Thorough Research BUNNY: Nice work. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

16th May 2014, 07:51 AM	#650
byn63 Muse Join Date: Apr 2014 Posts: 898	I know I read somewhere in all the available documentation about Kimmie's brain serum being found. I guess I will now have to go back to my notes and try and track it down.
byn63 Muse Join Date: Apr 2014 Posts: 898

16th May 2014, 04:23 PM	#651
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Compelling Case The first time that the brain serum issue came to light was during a 1999 Court TV documentary on the MacDonald case. The narrator stated that Kimmie was struck with such force that her brain serum was found on the master bedroom door frame. Since this documentary aired, the only mention of brain serum being found at the crime scene was in Christina Masewicz's book SCALES OF JUSTICE and a 2012 article comparing/contrasting Joe McGinniss' FINAL VISION with Errol Morris' WILDERNESS OF ERROR. To my knowledge, there is no CID or FBI documentation that corroborates this claim. IMO, Bunny has made a compelling case for the spatter found on the door frame and/or wall being blood, not brain serum. Either way, the spatter patterns demonstrate that the initial blow to Kimmie's head was not accidental. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Last edited by JTF; 16th May 2014 at 04:25 PM.

17th May 2014, 09:59 AM	#652
Katy0755 Scholar Join Date: Apr 2014 Posts: 73	I've always been confused about the brain serum issue...wasn't it something Peter Kearns mentioned in an interview, but for which there is no real documentation for? Hey, Byn, Maryland girl, happy Preakness Day! My money is on California Chrome...
Katy0755 Scholar Join Date: Apr 2014 Posts: 73

17th May 2014, 10:17 AM	#653
byn63 Muse Join Date: Apr 2014 Posts: 898	Hi Katy0755 - my money is on Chrome too! JTF - my point is twofold (1) I KNOW I read somewhere that the serum was found on the door frame and (2) just because the spatter had blood it doesn't mean that there was not ALSO brain serum in the spatter. in fact, with the type of injury Kimmie suffered it would not be unreasonable for brain serum to be found along with the blood. I am searching my notes to see if I can find where I read it.
byn63 Muse Join Date: Apr 2014 Posts: 898

18th May 2014, 02:07 AM	#654
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Exhibits KATY: The 1999 Court TV documentary CONTROVERSIAL TRIALS was the 1st time that this issue was raised and since Peter Kearns was interviewed for this documentary, it was assumed that he provided the producers with the brain serum claim. It was the narrator of the program, not Kearns, who mentioned that Kimmie's brain serum was found on the master bedroom door frame. What does the record say? CID Exhibits D10 and D10A are listed as "Red-Brown stain from bottom south edge of west door jamb in east bedroom." There is no mention of brain serum being collected from the door jamb in the east bedroom in any CID Exhibit or hand written note by Chamberlain or Ivory. Could brain serum have been found on the door frame? It's possible, but there is no CID documentation that corroborates this claim. If the CID is going to document the presence of tinsel, nuts, wax, animal hair, and fecal matter, they are certainly going to document the presence of brain serum at 544 Castle Drive. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

21st May 2014, 07:06 AM	#655
Henri McPhee Illuminator Join Date: Dec 2012 Location: Bristol UK Posts: 4,126	Originally Posted by BenjaminTR Actually, there is ample documentation that Mazerolle was in prison at the time of the murder. You can find ten separate official court documents about his case at this site: http://www.thejeffreymacdonaldcase.c...documents.html. This includes an official record of his being incarcerated from January 20-March 10, 1970; a docket listing thirteen court dates related to his case; two subpoenas for witnesses to testify in Mazerolle's trial on February 17, 1970 (the day of the murders); his indictment from February 2, 1970; and a couple others. He was in custody at the time. Of all suspects to fixate on, Mazerolle is probably the worst choice. He obviously did not do it. I completely disagree with you. I understand that America is a different country, but it seems to be extremely right-wing to me, and many Americans seem to be totally ignorant. Why try to march on Moscow? It's want of judgement. Americans must learn to be judicially minded, and their police must learn not to be just agents of the rich. Allen Patrick Mazerolle and Greg Mitchell did the MacDonald murders along with their accomplices, and they have never been properly investigated. This is part of what I have written about the Mazerolle matter in the past: "I disagree with Byn about Mazerolle. Detective Beasley is on record as saying he saw Mazerolle out of jail with his own eyes at the time of the MacDonald murders. Detective Beasley was no fool, like the bent cop Ivory was. I agree that there might be a piece of paper indicating Mazerolle might have been in jail at the time of the MacDonald murders. There is such a thing as fraud in these bail bond matters, and fraud is what Detective Beasley believed happened with regard to Mazerolle, and with regard to his supposed time in jail. Dr MacDonald’s description of the woman holding a candle and the floppy hat and boots matched Helena Stoeckley exactly. That was what first aroused Detective Beasley’s suspicions about the Stoeckley gang."

21st May 2014, 11:33 AM	#656
Katy0755 Scholar Join Date: Apr 2014 Posts: 73	So often I find my lack of understanding forensic science very frustrating. I've read quite a bit - but what is done now, as compared to what they did in 1970 - is so completely different. Regarding Kimmie's blood stain on the door frame...I know they would test the stain for blood typing; but would they have tested it for composition? I would imagine that would be the only way they would know if brain serum was present. And - unless there were bits of brain tissue found with the stain, would they do further testing once it was determined that the stain was human blood? I have no idea about any of this. Does any one know? I'd love to hear.
Katy0755 Scholar Join Date: Apr 2014 Posts: 73

21st May 2014, 03:58 PM	#657
byn63 Muse Join Date: Apr 2014 Posts: 898	Brain Serum - sorry if I confused anyone; I never said the brain serum was listed in CID documentation or lab notes. HOWEVER, I am sure I read it somewhere..... so, today after some searching I found one of my books that holds notes on the case. section is headed "Medical" but no document is listed and it is the first place in my notes that I found Brain Serum mentioned. My notes say "PKearns" and brain serum - 2 places door jam and carpet. So, while I will continue to search my notes (covers at least 16 journals) for more, what I was wondering if the notes I found might be from our old conversations at A&E (old board) or if it was from conversations about Peter Kearns interviews. JTF/bunny - ring any bells? katy - I am trying to get confirmation - what I have heard so far (1) brain serum clear (2) not sure if there was/is a way to determine composition and (3) it is likely that brain serum was at least in the 6" stain on the carpet (from description of the injury to Kimmie's head). I will keep looking for answers......
byn63 Muse Join Date: Apr 2014 Posts: 898

21st May 2014, 05:18 PM	#658
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Initial Blow From The Club If the massive fracture to Kimmie's cheekbone was the result of the blow from the club in the master bedroom, I would assume there would be no brain serum found in the six-inch circle of Type AB blood found on the shag carpet. Both CID investigators and Paul Stombaugh theorized that the blow which fractured Kimmie's skull was inflicted as she lay motionless in her bed. In that scenario, it is possible that brain serum would have been present on her pillow. Unfortunately, the Court TV documentary specifically mentions the master bedroom door frame as being the location where brain serum was allegedly found. There is no CID documentation of brain serum being found on the master bedroom door frame/jamb or on Kimmie's pillow. According to CID documents, Kimmie's blood was found in two separate locations on the master bedroom door jamb, a massive Type AB blood stain was found on Kimmie's pillow, and a 20.5 inch warp yarn sourced to inmate's torn pajama top was found on that same pillow. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

22nd May 2014, 07:00 AM	#659
Katy0755 Scholar Join Date: Apr 2014 Posts: 73	I apologize if this topic has already been discussed; but I would like to comment on Kimmy's injury in the master bedroom. Brian Murtagh states: “Then, he swings the club. I’m willing to give him the benefit of the doubt. I don’t think he was going for the girl. I think he swung at Colette but he missed and cracked Kimmy’s head open like a walnut. She falls and bleeds copiously on the shag rug." There is no one I respect more than Brian when it comes to the MacDonald case. But after reading the above posts that gruesomely describe the first blow to Kimmy's head, I believe it was intentional. I do agree with Brian that it was Kim's bed-wetting, which triggered the initial rage in MacDonald. I believe that once he had obtained the club, his rage was roaring out of control, and he back-handed Kimmy with the club. My opinion is that the blow was too severe to be unintentional. As I said, just my opinion!
Katy0755 Scholar Join Date: Apr 2014 Posts: 73

22nd May 2014, 02:25 PM	#660
byn63 Muse Join Date: Apr 2014 Posts: 898	JTF - the blow to the head is EXACTLY why the 6" stain likely contains brain serum. that severe an injury fluid could leak from the nose, ears, and mouth. the midline fracture/dislocation and broken cheekbone could have easily meant an easy path for the fluid around the brain to exit the body.
byn63 Muse Join Date: Apr 2014 Posts: 898

22nd May 2014, 02:29 PM	#661
byn63 Muse Join Date: Apr 2014 Posts: 898	Originally Posted by Katy0755 I apologize if this topic has already been discussed; but I would like to comment on Kimmy's injury in the master bedroom. Brian Murtagh states: “Then, he swings the club. I’m willing to give him the benefit of the doubt. I don’t think he was going for the girl. I think he swung at Colette but he missed and cracked Kimmy’s head open like a walnut. She falls and bleeds copiously on the shag rug." There is no one I respect more than Brian when it comes to the MacDonald case. But after reading the above posts that gruesomely describe the first blow to Kimmy's head, I believe it was intentional. I do agree with Brian that it was Kim's bed-wetting, which triggered the initial rage in MacDonald. I believe that once he had obtained the club, his rage was roaring out of control, and he back-handed Kimmy with the club. My opinion is that the blow was too severe to be unintentional. As I said, just my opinion! I totally agree the injury was too severe to have been unintentional. I see inmate holding the club like a baseball bat; lining up and using Kimmie's little head as a baseball and he swung for the fences. the severity of the injury is why I am thinking brain serum was in the spatter and/or soaking stain from Kimmie. I KNOW I read it somewhere - just have not had the time to search through all my notes. Also trying to get a clear answer on whether or not composition of the stain could have been determined forensically.......
byn63 Muse Join Date: Apr 2014 Posts: 898

23rd May 2014, 04:19 PM	#662
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Request Not A Positive For Inmate In regards to Judge Fox's 4/17/14, request to have a transcript of Part One of the 4/6/70 CID interview with inmate, the following excerpt illustrates why this request doesn't bode well for inmate's chances at a new trial. SOURCE: Fatal Vision Page 108 TOPIC: 4/6/70 CID Interview "And so, on this first Monday morning of April 1970, he could not realize that the account he was about to render would stick to him like tar for years afterward, in all its messy, inconvenient detail, despite his many attempts to cleanse himself of it as his understanding of the physical evidence, and its implications, increased." http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

30th May 2014, 06:05 PM	#663
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Closing Arguments SOURCE: Closing arguments presented by Brian Murtagh at the 2012 evidentiary hearing. The most important question that any investigator ever asked Dr. MacDonald was early on, on April 6th, 1970, when Bob Shaw asked MacDonald, how is it, Doctor, your pajama top is soaked in blood and there's only a little bit of blood on the pocket? So, as happened on several occasions, MacDonald has to invent facts without knowing all the consequences of those inventions. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

4th June 2014, 09:10 AM	#664
Bunny Scholar Join Date: Oct 2013 Posts: 98	Hi, Katy: I'm also a big Murtagh fan, but bear in mind that he (and Michael Malone) wrote the following in a June 1993 Police Chief article: "Given the other evidence, which establishes that MacDonald's pajama top was torn in the master bedroom and that Colette and Kimberley were struck there with the club, it is entirely consistent that the initial focus of the confrontation was Kimberley. As Kimberley screamed in response to her father's blows, Colette picked up the Geneva Forge knife and attempted to stab MacDonald. In response, MacDonald grabbed the club, and in the fray, struck Kimberley and fractured her skull." This seems a bit ambiguous to me, since Murtagh first says the "initial focus of the confrontation was Kimberley," then ends by saying she was struck "in the fray." I also note that there's no mention of brain serum in the article, which would have been an ideal thing to mention if it existed (I believe it wasn't mentioned because there's no documentation or confirmation of anyone's brain serum on any door frame or anywhere else), but I guess interpretation of these statements will have to be left up to the reader.
Bunny Scholar Join Date: Oct 2013 Posts: 98

6th June 2014, 04:58 PM	#665
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	My Take BUNNY: Judging by their statements at the 1979 trial, both James Blackburn and Brian Murtagh believed that the main precipitent for inmate's explosion was Kimmie wetting his side of the master bed. IMO, Murtagh's statement about Kimmie being the initial focus was in reference to this bed wetting incident and the "fray" involved the initial fight between inmate and Colette. In terms of Murtagh's statement about Kimmie responding to her father's blows, the only logical inference is that inmate was striking Kimmie with an open hand or fist which led to Colette obtaining the Geneva Forge knife. I disagree with Murtagh on this timeline, but his knowledge of the case provides his theory with ample credibility. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Last edited by JTF; 6th June 2014 at 04:59 PM.

6th July 2014, 03:23 PM	#666
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Still Waiting Judge Fox has not yet made a decision on whether inmate deserves a new trial. In the past, Judge Fox has taken 2 years to make decisions on key issues in this case. The evidentiary hearing that dealt with the "evidence as a whole," took place in September of 2012, so his decision will most likely be rendered in the next few months. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

16th July 2014, 06:28 PM	#667
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Where Have You Gone, Mr. Morris? In the past 16 months, nary a word has been uttered about this case by Errol Morris. Poor book sales and several articles that were critical of his "research" methods appear to be the impetus for his silence on the MacDonald case. The bottom line is that Morris is a brilliant filmmaker, but a lousy private eye. Despite his assertions to the contrary, Morris is an advocate for convicted murderer Jeffrey MacDonald and his book is simply a means to regurgitate the same debunked claims leveled by the MacDonald camp for the past 44 years. The facts are that MacDonald was convicted in less than 7 hours of murdering his wife and two daughters. At trial, the prosecution presented over 1,100 evidentiary items and the lone source of key evidentiary items was Jeffrey MacDonald. This includes blood, fiber, bloody fabric impression, and bloody footprint evidence. Morris fails to mention the fact that there is documented proof that Jimmy Britt lied in his affidavit and that a limb hair found clutched in his wife's hand matched the DNA profile of Jeffrey MacDonald. Morris also fails to mention the fact that no unsourced hairs were found under his youngest child's fingernail at autopsy. What was found under his youngest child's fingernail was a fiber from her father's torn pajama top. This is not a case, but a cause for Morris. I just wish he had the guts to admit it. http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Last edited by JTF; 16th July 2014 at 06:31 PM.

16th July 2014, 09:18 PM	#668
desertgal Illuminator Join Date: Mar 2008 Posts: 4,198	Wow, Henri hasn't posted a lame argument since May. Maybe his mom took his computer away.
desertgal Illuminator Join Date: Mar 2008 Posts: 4,198	__________________ "It's obvious that you seem to be threatened by me for some reason and I find that extremely amusing." - Jodie

17th July 2014, 02:47 PM	#669
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	Find The Bunker DESERTGAL: I think he is hiding out with Errol Morris, smoking copious amounts of marijuana, and chanting, "Acid is groovy. Kill the pigs." http://www.macdonaldcasefacts.com
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

21st July 2014, 12:03 AM	#670
Katy0755 Scholar Join Date: Apr 2014 Posts: 73	Thanks, JTF, for the best laugh I've had in days!
Katy0755 Scholar Join Date: Apr 2014 Posts: 73

21st July 2014, 11:36 AM	#671
Bunny Scholar Join Date: Oct 2013 Posts: 98	Type AB on door frame Just to clear up references to so-called findings of AB blood on either of the east bedroom door jambs... When he was questioned by the defense on July 5, 1970, prior to the Article 32 hearing, CID investigator Robert Shaw spoke of Type AB blood on the north and south walls of the hallway, and on "the doorjamb" of the east bedroom: Quote: [SHAW]...Now there was some AB blood, perhaps not large, on the doorjamb. Q Approximately how high on the doorjamb, if you recall? A Four to six inches. Q Four to six inches? A Yes. Q Were there any other AB type bloodstains higher on the walls of the hall doorjamb or the east bedroom, in that general vicinity where it might be reasonable to think blood may have spattered from the blow being struck in that vicinity, if it was struck? A There were either in fact or were indications of AB blood down in [the] hallway on this south wall of the hall, and some other scattered there, some spots of blood, Captain Douthat, without looking at the laboratory report and all of that. Actually, although the USACIL lab reports do list Type AB blood on the north hall wall (Exhibit D61), there is no specific finding shown in the lab reports of Type AB blood on either of the east bedroom door jambs. There are only findings on those jambs for "blood" and human blood, with further blood typing precluded due either to the paucity of the stain or the contamination of the stain. It certainly could be expected that Kimberley's blood type could have been on an east bedroom door jamb, but the lab reports don't conclude it definitively.
Bunny Scholar Join Date: Oct 2013 Posts: 98

24th July 2014, 11:17 PM	#672
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518	So Long, Dirtbag The legal phase of the Jeffrey MacDonald case is finally over. On 7/24/14, Judge Fox took names and kicked ass. His decision covers both the "evidence as a whole" AND the merits of the Britt and DNA claims. Judge Fox clearly understood that the burden of proof was "extraordinarily high" and that the defense didn't come close to meeting that burden. The government proved that Britt was a serial fabricator, that the DNA tests were more inculpatory than exculpatory, and that the remaining issues had been litigated several times over. Anyone who has followed the legal machinations of this case realizes that this was inmate's last REAL shot at a new trial. Yeah, inmate will give his lawyers more money to file an appeal to the 4th Circuit Court, but there is little chance that they will overturn Judge Fox for a 2nd time. The thoroughness of his decision put a stop to the hopes and dreams of Jeffrey MacDonald. He will not pop champagne with Kathryn. He will not practice medicine ever again. He is a liar, a coward, and a psychopath. Without an ounce of remorse, he took the lives of Colette, Kimmie, and Kristen. He escaped justice for 9 years, but the truth caught up to him and he will spend the rest of life in prison. Kathryn, Rebel, Errol Morris, Harvey Silverglate, and other believes and/or advocates can no longer ignore documented fact. The evidence of his guilt is overwhelming and Judge Fox placed a big, rubber stamp on that evidence. Cheers to all the hard work put in by investigators, lab technicians, lawyers, and Freddy Kassab. Kudos should also go out to those in the general public who fought the good fight and reminded everyone that this case was about the physical evidence. The evidence was always more important that inmate's looks, personality, and charisma. The evidence made those attributes irrelevant and proved beyond ALL doubt that Jeffrey MacDonald is a mass murderer. http://bloximages.newyork1.vip.townn...967ccf.pdf.pdf
JTF Graduate Poster Join Date: Dec 2012 Posts: 1,518

25th July 2014, 07:41 AM	#673
Bunny Scholar Join Date: Oct 2013 Posts: 98	I saw the order (also posted at crimearchives.net/1979_macdonald in the New Uploads section). I'm still going through it (bad eyes), but how great to see this last nail in Mac's coffin get hammered in. I wonder what Mac and Kathryn are thinking today as he sits there rotting away. It'll be interesting to see what's posted on his website, if and when they decide to update it. In the meantime, rah, rah, rah to Judge Fox for his decision; it's been a long wait, but we couldn't have asked for a better outcome.
Bunny Scholar Join Date: Oct 2013 Posts: 98

25th July 2014, 09:03 AM	#674
Bunny Scholar Join Date: Oct 2013 Posts: 98	Originally Posted by JTF ...Yeah, inmate will give his lawyers more money to file an appeal to the 4th Circuit Court, but there is little chance that they will overturn Judge Fox for a 2nd time. I note on the last two pages that Fox writes: "Having denied MacDonald’s motion, the court must determine if he has made a sufficient showing to entitle him to a certificate of appealability . . . Here, Macdonald has not made the requisite showing, and therefore, a certificate of appealability is DENIED."
Bunny Scholar Join Date: Oct 2013 Posts: 98

25th July 2014, 09:34 AM	#675
Tiktaalik Half True Scotsperson Join Date: Sep 2006 Posts: 3,666	Yay!