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Sydney Carton
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Jeffrey MacDonald Loses Appeal
« on: December 02, 2008, 05:26:47 PM »

   In a almost unprecedented move the Appelate Court granted Dr.McDonald a fourth motion for a hearing requesting a new trial on the grounds of newly discovered evidence.
  However,when it again reached the North Carolina court system,an aptly named Judge Fox blocked the case for three years,refused to take testimony,let the defense witness die,and then issued a summary order.Irrespective of Dr.MacDonald's guilt or,not improbably, innocence,this stinks!
http://www.newsobserver.com/news/story/1284659.html
   Dr.MacDonald has been represented by Wade Smith who  successfully  defended in the Little Rascals "Satanic Abuse" fraud and,of course, the Duke Rape Hoax.
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Sydney Carton
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Re: Jeffrey MacDonald Loses Appeal
« Reply #1 on: December 11, 2008, 04:37:07 PM »

  Here is a link to the MacDonald defense website:
    Nothing yet on their recent defeat but there is evidently plenty to be said.
        http://www.themacdonaldcase.org/
   There is a lot on the recently deceased  Marshal Britt whose evidence could not have been more specific.
   Too bad an indolent , cowardly, judge joined  with MacDonald's corrupt ex-prosecutor to assure  that for many years we  never heard in court  the man  whom they both hastened to smear once they had consigned him safely (still unheard) to his grave.
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Sydney Carton
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Re: Jeffrey MacDonald Loses Appeal
« Reply #2 on: December 29, 2008, 05:05:28 PM »

  The MacDonald  website(see above) has posted the aptly named Judge Fox's opinion  without comment. None is required.
   Fox could-and, of course ,should - have issued his opinion on the first day he received the case case from the higher court.Nothing said by either the higher judges or the witnesses or the lawyers would-or did-influence his foregone opinion.Instead he just sat there for years waiting for more of the aging defense witnesses to die without a hearing.
    It would be interesting to compare his record in dealing with prior innocence claims.Does he suffer from an inherently  sadistic mind or does he simply owe LE officials whose reputations would suffer ineradicable damage should  MacDonald  yet  be acquitted?
     
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Gwyka
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Re: Jeffrey MacDonald Loses Appeal
« Reply #3 on: January 21, 2009, 06:26:59 PM »

You are misinformed about Macdonald's latest appeal failure.

The Court of Appeals gave him permission to file his motion with the 4th Circuit Court - that decision had nothing to do with the merits of his case.  And there was never a hearing ordered by anyone - Macdonald was hoping that Fox would hold a hearing, but he made his decision on the evidence of record, which included Britt's affidavit. 

Also, speaking of waiting, Britt waited almost 30 years before coming forward, and (prior the first post in this thread), the Government filed a motion showing that Britt lied - he did not transport Helena Stoeckley from Greenville as he claimed, thus he never heard her confess - she was never in jail in Greenville - jail roster and committment and release forms prove this and are signed by the law enforcement personnel who actually did transport her.
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Sydney Carton
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Re: Jeffrey MacDonald Loses Appeal
« Reply #4 on: January 23, 2009, 05:13:17 PM »

    Neither we or our readers have been misinformed  as to the contents of Judge Fox's opinion (to which we,of course, published a link).
   Gwyka is technically correct on a single point in stating that the Federal Court of Appeals did not order a hearing ,it found the government had not fiiled an adequate response to MacDonald's claims and ordered it to so do.It was well aware of the tumultuous history  of the MacDonald case and,specifically the three previous pettions which have been filed on grounds of newly discovered evidence.If they had thought his claims without serious merit,they would have dismissed his petition.
   The defense was not hoping but, rightfully, expectinig a hearing on its merits.This is the standard procedure iin such cases. Judge Fox waited four years to file an opiniion which he could have dictated( with his eyes shut) twenty minutes after receiving the higher court's directive. He himself admits that what he did may not be exactly what they had in mind,but,if not,that's up to them ,not him, right?
   Contrary to Gwyka's allegations even found that Officer Britt was a credible witness but "Macdonald never had a shotage of credible hearsay witnesses(p.29)";the defense has,in fact, filed "almost 1000 pages of transcripts of confessions allegedly made " by three of the killers,Stoeckly,Mitchell and Parry."Nearly half" of these witnesses "were active or former police officers"(p.28).These confessions are further corroborated  by "dozens of affidavits of witness
who[sic He means which] corroboraate the involvement of Stoeckly,Mitchell,and Pallmer(p.16).
Therefore Britt's statement is "cumulative"(p.28).I.e.,Britt is saying what nearly every reputable witness in the case has been saying for nigh thirty yeays.
   Actually,Fox is plainly in factual error here.Britt was the first of the scores of witnesses to MacDonald's innocence who actually swore to seeing and hearing MacDonald's otherwise disgraced prosecutor, Blackburn ,personally fixing a witness.
   The learned judge eventually realizes this and  finds instead(p.41) that" The passage of time has rendered a factual determination of MacDonald's claim factually impossible.Neither Britt's testimony nor that Blackburn(!)...could[therefore] establish a factual basis" for ever reversing this case(p.41).
   "Even if Blackburn now were to admit having made the statement,no living person can reveal how Stoecking iinterpreted it...(p.40).'
    What dead person does Fox believe qualified to interpret Blackburn,whom Fox  fiinds,whatever Blackburn says,to be no longer capable of interpreting himself?
   ( Mike Nifong must be praying he gets Fox ,yet another North Carolina wunderkind, as judge at his  forthcoming Duke trial.)
    Still even Fox notes that there is
      : "newly discovered DNA e\~dence proving the presence of unsourced hairs at the crime scene, including one such hair found with. blood residue in a critical location, under the fingernail of Kristen MacDonald, and one two inc1l hair with root and follicle intact found under the body of Colettte MacDonald." Id. at 1. MacDonald h.as submitted a large, bound collection of documents in support of his Fifth Motion, see Appendix One to [DE-122] ("DNA Evidence"), and an additional collection of three notebooks containing digital photographs and supporting documents, see [DE-147].(p.6)" However,it seems the defense filed it improperly with the Britt motion amd may be they would like to come back and have another short,convivial, chat with him in about another five years.
   
   
   
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Sydney Carton
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Re: Jeffrey MacDonald Loses Appeal
« Reply #5 on: January 23, 2009, 06:46:26 PM »

   By the way here is Judge Fox's most recent opinion  as of January 9,2009.The government as Gwyka alleges did(once Britt was safely dead)attempt to get impeaching evidence into the record.
  Even Fox wasn't  letting  this cheap piece of theatrical claptrap into the record.He writes,"The government has been aware[of these alleged "facts"-quotation marks by Fox] since ast least January,2006...The government apparently witheld this evidence under the assumption that the MacDonald petition would survive...." So even the government didn't expect Fox to come up with the shameful piece of bilge to which he has proudly affixed his name.And even Fox doesn't think the prosecution has any right to bring in these  "facts"(his quotation marks,not mine)at this late date.
   Gwyka hangs out at the following  website but chose not to publish this ten day old information while,simultaneously, charging that yours truly hadn't first stated that these still undocumented charges had both been filed-- and dismissed.
     http://www.thejeffreymacdonaldcase.com/html/fox-order_2009-01-09.html
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Sydney Carton
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Re: Jeffrey MacDonald Loses Appeal
« Reply #6 on: February 27, 2009, 03:37:34 PM »

   On February 19th,the defense filed a 64 page appeal from Judge Fox's refusal to take  new evidence. It requests oral argument.
  It looks good to us but then few things judicial ,save the summary execution of Wayne Tompkinsin Florida (see Current Cases)  have looked worse to us  than Judge Fox's arbitrary dismissal of Captain MacDonald's excellently crafted case.
   http://www.themacdonaldcase.org/Images/Defense_Appeal_to_the_Fourth_Circuit_Court_of_Appeals.pdf

   We are saddened  to report the death of Helena Stoekely,Sr.,who was certain  that her daughter had murdered the MacDonald family and vigorously supported the Captain's efforts to obtain vindication.
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