1 trial , conviction
1.1 prosecution
1.2 defense
1.3 outcome
trial , conviction
a grand jury in north carolina indicted macdonald on january 24, 1975, , within hour arrested in california. on january 31, 1975, freed on $100,000 bail pending disposition of charges. on may 23, 1975, arraigned , pleaded not guilty murders. on july 29, 1975, judge dupree denied double jeopardy , speedy trial arguments , allowed trial date of august 18, 1975 stand. on august 15, 1975, fourth circuit court of appeals stayed trial , on january 23, 1976, panel of court, in 2–1 split, ordered indictment dismissed on speedy trial grounds. appeal on behalf of government led 8–0 reinstatement of indictment supreme court on may 1, 1978. on october 22, 1978, fourth circuit rejected macdonald s double jeopardy arguments and, on march 19, 1979, supreme court refused review decision.
the murder trial began on july 16, 1979 in federal courthouse in raleigh, north carolina. although macdonald’s lawyers, bernard segal , wade smith, confident of acquittal first day, 1 thing after went badly defense. began when dupree refused defense request admit evidence psychiatric evaluation of macdonald, suggested of personality type unable kill family. dupree explained since no insanity plea had been entered macdonald, did not want trial bogged down contradictory psychiatric testimony prosecution , defense witnesses.
prosecution
during first day of trial, dupree allowed prosecution admit evidence 1970 copy of esquire magazine, found in macdonald house, part of contained lengthy article of manson family murders of august 1969. prosecutors james blackburn , brian murtagh wanted introduce magazine , suggest macdonald got idea of blaming hippie gang murders.
the prosecution called fbi lab technician , analyst paul stombaugh testified macdonald’s pajama top had 48 small, smooth, , cylindrical ice pick holes through it. in order have happened, have remain stationary, unlikely occurrence if had wrapped around hands defend himself blows attacker wielding ice pick. also, folding 1 particular way, stombaugh demonstrated how 48 holes have been made 21 thrusts of ice pick, same number of times colette had been stabbed , in identical pattern, implying had been repeatedly stabbed through pajama top while lying on her. prosecutors murtagh , blackburn staged impromptu re-enactment of alleged attack on macdonald. murtagh wrapped pajama top around hands , tried fend off series of blows blackburn inflicting on him similar ice pick. prosecution made 2 points demonstration. first, ice pick holes in pajama top jagged , torn, not smoothly cylindrical ones in macdonald’s. also, murtagh received small wound on left hand. when macdonald had been examined @ womack hospital, had no defensive wounds on arms or hands consistent struggle. implication obvious , highly damaging defense.
another piece of damaging evidence against macdonald audio tape made of april 6, 1970 interview military investigators. listening tape, jury heard matter-of-fact, indifferent recitation of murders. heard him become angry, defensive, , emotional in response suggestions investigators had committed murders. asked investigators why think he, had beautiful family , going him, have murdered family in cold blood no reason. jury heard investigators confront him knowledge of extramarital affairs, macdonald calmly responded, oh... guys more thorough thought.
despite evidence, prosecution hampered lack of motive macdonald have committed murders, since had no history of violence or domestic abuse wife or children. since dupree refused both defense , prosecution requests psychiatric evaluation done him, refused prosecution s request allow evidence part of article 32 transcripts 1970 army hearing. dupree ruled since current trial civilian trial , article 32 military hearing had several reports military investigators, claimed may have murdered family in drug-induced rage, considered biased , hearsay.
defense
during defense stage of trial, segal called helena stoeckley witness stand, intent on extracting confession had been 1 of intruders macdonald claimed had entered house, murdered them, , attacked him. during 9 years after murders had been committed, had made several contradictory statements regarding them, saying present when murders happened, other times stating had no recollection of whereabouts evening occurred. prior testimony, separate interviews had been conducted defense , prosecution, during denied ever being in macdonald house or ever seeing him before day in court. afterwards, segal argued introduction of testimony other witnesses whom stoeckley had confessed. dupree refused, in absence of evidence connect stoeckley scene, citing history of long-term drug abuse.
macdonald s defense called forensic expert james thornton stand. unsuccessfully tried rebut government s contention pajama top stationary on colette s chest, rather wrapped around macdonald s wrists warded off blows, conducting experiment wherein similar 1 placed on ham, moved , forth on sled, , stabbed @ ice pick. defense called several character witnesses. macdonald took witness stand last defense witness. under segal’s direct examination, macdonald denied committing murders. when blackburn cross-examined him, however, macdonald offer no explanation against evidence.
outcome
on august 29, 1979, macdonald convicted of 1 count of first-degree murder in death of kristen , 2 counts of second-degree murder in deaths of colette , kimberly after jury deliberated on 6 hours. dupree gave him life sentence each of murders, served consecutively. revoked bail. after verdict, macdonald appealed dupree s bail revocation ruling, asking bail granted pending outcome of appeal. on september 7, 1979, application rejected, , appeal on bail further rejected fourth circuit court of appeals on november 20, 1979.
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