[195], An evidentiary hearing relating to the claims within the Britt affidavit, the hair and fiber evidence, and further testimony pertaining to Stoeckley's verbal confessions, was held in September 2012. Portraying MacDonald as a loving husband and father, Segal then emphasized MacDonald's insistence from the outset that four intruders had been responsible for the murders. She had been stabbed repeatedly in the heart. It's a brutal weapon. 1st Class Michael J. Goble, 33, died Monday from injuries Logan Melgar Green Beret, who died from non-combat related injuries in Mali in June 2017. The jury also heard investigators later confront him with their knowledge of his extramarital affairs, to which MacDonald murmured, "Oh you guys are more thorough than I thought. [35], Although it had rained on the night of February 1617 and MacDonald also specifically claimed the female intruder's boots were "all wet", with rainwater "just dripping off them",[64] the sole footprint observed at the scene was a bloody bare footprint located in Kristen's bedroom, leading from the child's bed in the direction of the doorway. MPD Detective James Abbott discovered her body Sign up now to learn about This Day in History straight from your inbox. [102], To the chagrin of Colonel Kriwanek, on October 13, 1970, Colonel Rock issued a report recommending that charges be dismissed against MacDonald as insufficient evidence existed to prove his guilt, adding his belief no truth existed in the charges, and that the nature of the murders led him to believe the perpetrator(s) were either insane or under the influence of drugs. Bailey also testified he found MacDonald to be a controlling individual who was "extremely dependent on what others thought of him" and that he would often launch into a verbal "tirade" to allow his deep-seated emotions to become expressed by other means. Robert Rheault, Green Beret Ensnared in Vietnam Murder Case, He also sought to include evidence from a U.S. Deputy Marshal who claimed Stoeckley told him in 1979 that a prosecutor threatened her with a murder indictment if she testified that she was in the MacDonald home the night of the murders. ", "The Jeffrey MacDonald Information Site: June 26, 1973 Government Memo", "April 30, 1974: Complaint by Alfred and Mildred Kassab Against Jeffrey MacDonald", "The Jeffrey MacDonald Information Site: February 25, 1974: Kassab's Letter to Attorney General Saxbe", "United States of America, Appellee, v. Jeffrey R. MacDonald, Appellant (01/23/76)", "United States v. MacDonald, 435 U.S. 850 (1978)", "Opening Statements by James Blackburn and Wade Smith", "The Jeffrey MacDonald Information Site: 1979 Trial, August 9-10: Shirley Green (FBI)", "1979 Jeffrey MacDonald Case Trial Transcript August 7, 1979: Paul Stombaugh, Retired FBI Lab", "The Jeffrey MacDonald Information Site: 1979 Trial, August 28: Closing", "The Jeffrey MacDonald Information Site: 1979 Trial, August 14-15: Dr. John Thornton", "Trial Transcripts: Helena Stoeckley (August 17, 1979)", "The Jeffrey MacDonald Information Site: 1979 trial, August 24: Jeff MacDonald Cross-examination", "The Jeffrey MacDonald Case: August 23, 1979", "Ex-Green Beret Is Guilty In Murder of His Family: Ex-Green Beret MacDonald Guilty", "The Jeffrey MacDonald Murder Case: A Timeline of a Major Events", "Conviction of Doctor Ends a Couple's Long Quest", "Doctor Guilty in 1970 Murder of Wife and Children", "United States of America, Appellee, v. Jeffrey R. MacDonald, Appellant (07/29/80)", "United States of America, Appellee, v. Jeffrey R. MacDonald, Appellant (12/18/80)", "U.S. Supreme Court: United States v. MacDonald, 456 U.S. 1 (1982)", "United States of America, Appellee, v. Jeffrey R. MacDonald, Appellant (08/16/82)", "Accusation Against Jeffrey R. MacDonald. [78], Investigator Robert Shaw then questioned MacDonald as to the lack of disorder and damage within the household, and the lack of any motive, stating that in the investigators' experience, had four intruders embarked on a murderous frenzy within a small household, they would expect to encounter evidence such as "busted furniture and broken mirrors and bashed-in walls", but the only signs of the struggle were the top-heavy living room coffee table, which had not flipped over all the way in the midst of his struggle, and a flower pot beside the table with the plant upon the carpet and the pot standing upright. The two later settled out of court for $325,000,[205] although the Kassabs subsequently filed their own countersuit against MacDonald, citing an inheritance clause, resulting in MacDonald receiving only $50,000. [139] A further defense setback was the judge's ruling against a motion to suppress the introduction of MacDonald's pajama top as evidence. These instruments were an Old Hickory kitchen knife, an ice pick, and a 31-inch long piece of lumber with two blue threads attached with blood; all three were quickly determined to have come from the MacDonald house, and all had been wiped clean of fingerprints. [38], Across the hallway, two-year-old Kristen was found in her own bed, also lying on her left side, with a baby bottle close to her mouth. Wade Smith has stated his belief that had he been allowed more time to argue before the jury during his closing argument, their verdict would have been different. [35], An argument or fight between MacDonald and Colette began in the master bedroom, possibly over the issue of Kristen's repeatedly wetting his side of the bed while sleeping there, or his adultery. But I suggest that people can, and do. [19], In late August,[20][11] MacDonald reported to the 3rd Special Forces Group (Airborne) at Fort Bragg, North Carolina to serve as the group's surgeon. Initially, MacDonald attempted to allay the Kassab's suspicions regarding his guilt, and to dissuade their efforts to pursue their investigationmaking his own inquiries as to the progress of their legal efforts. Bail was revoked, and MacDonald was temporarily transferred to a Butner County jail, prior to his permanent transferral to the Federal Correctional Institution in Terminal Island, California. McGinniss quotes a 1979 report compiled by a psychologist named Hirsch Lazzaar Silverman, who stated MacDonald "handled his conflicts by denying that they even exist", adding that MacDonald lacked any sense of guilt, had been capable of committing "asocial acts with impunity", and had been "incapable of [forming] emotionally close" relationships with females of any age. On this occasion, he illustrated instances of MacDonald adjusting his testimony regarding having moved his wife's body after learning fibers from his pajama top were found beneath her body. Miller, a retired Green Beret colonel, served in 5th Special Forces Group, the unit to which Moriarty and the other two fallen soldiers Staff Sgt. [n 12] Mica also testified that, contrary to instruction, an ambulance driver had placed the tilted flower pot upright while at the crime scene. Bailey stated that, when discussing his family and the events surrounding their deaths with him, MacDonald would occasionally "become emotional, become tearful, but he recovered quickly". [35], Within ten minutes, responding military police had arrived at the address, initially believing they were responding to a domestic disturbance. [62] Bloodstained splinters likely sourcing from the section of lumber recovered close to the back door of the apartment were recovered from all three bedrooms of the apartment, but not the room where MacDonald claimed to have been attacked. Army Hearing Had Once Exonerated MacDonald. Dupree rejected these defense motions on March 1, 1985. Her body was punctured multiple times with an ice pick and knife. A military police officer glimpsed a woman wearing a wide-brimmed hat while driving to the MacDonalds home at 544 Castle Drive, but that information wasnt acted on promptly, Morris noted. [65], By mid-March, the CID had obtained the results of forensic testing of the blood, hair, and fiber samples within 544 Castle Drive that contradicted MacDonald's accounts of his movements and further convinced investigators of his guilt. Mario Madera-Rodriguez in the choking death of a Green Beret during an alleged attempted hazing and sexual assault [99], Following favorable character testimony from several acquaintances and a military psychiatrist, MacDonald testified for three days in mid-August. His daughters chose to name the pony "Trooper". It is further concluded that Miss Stoeckley is convinced in her mind that she was physically present when the three members of the MacDonald family were killed. [129], The chief of the FBI's crime laboratory chemistry section, Paul Stombaugh, then testified the pajama top placed over Colette's body had been heavily bloodstained before the garment was torn, and thatcontrary to MacDonald's claimsa lack of tearing at the edges of these holes proved that all 48 holes within this item of clothing had been inflicted while the garment was stationary, rather than in motion. A hair found in Colette's right palm was also determined to be her own. Michael Williamson/The Washington Post/Getty, Is He Innocent? [144], A further piece of damaging evidence against MacDonald was an audio tape made of the April 6, 1970 interview by military investigators, which was played in the courtroom immediately after the jurors had returned from visiting the still-intact crime scene. He then closed his initial argument by stating: "I can only tell you from the physical evidence that things do not lie. "[44] He was immediately taken to nearby Womack Hospital, shouting, "Let me see my kids!" He then appealed the denial of this motion to the Fourth Circuit Court of Appeals. [75], Investigators were unconvinced of MacDonald's accounts. Gunderson contacted Helena Stoeckley, who on this occasion confessed that she and five members of what she described as a "drug cult" had developed a deep grudge against MacDonald as he had "refused to treat heroin- and opium-addicted" patients. For example, Kimberley's blood was also found on his pajama top, even though MacDonald had claimed he was not wearing this garment while in her room attempting resuscitation. Experts Weigh in on Appeal, Green Beret Convicted of Killing His Family Could Walk Free If He Admits Guilt But Wants to Be 'Vindicated', See 'Scandal' 's Scott Foley as Convicted Killer Jeffrey MacDonald, Who Maintains His Innocence, 1979 Murder Convictions of Ex-Green Beret Surgeon Jeffrey MacDonald Should Stand: Prosecutors' New Filing, Lawyers for Dr. Jeffrey MacDonald, Fighting in Court Filing to Overturn 1979 Conviction for Murdering Family, Say Prosecutors Hid Evidence. I mean, none of what he says he did. After killing both daughters, MacDonald placed his pajama top on Colettes chest and stabbed her through the fabric, possibly to bolster his story, they surmised. Mario Madera-Rodriguez begins what is scheduled to be a three-week trial at MacDonald was defended by Bernard Segal and Wade Smith; James Blackburn and Brian Murtagh prosecuted the case. [218], Gregory Mitchell, whom Helena Stoeckley accused of murdering Colette MacDonald, died of cirrhosis of the liver on June 2, 1982, at the age of 31. Each grave was initially inscribed with the surname of MacDonald, although the gravestones were later changed to Colette's maiden name of Stevenson. [166][n 26] He was released on August 22, having posted $100,000 bail, and subsequently returned to work as the Director of Emergency Medicine at St. Mary's Medical Center in Long Beach, California. [191] Nonetheless, the Fourth Circuit Court of Appeals granted MacDonald's motion for a successive habeas petition and remanded the matter back to the District Court Eastern Division. The three denied any involvement and all agreed to and passed polygraph tests. Who Is the Real Jeffrey MacDonald? 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