1 post-conviction
1.1 appeals
1.2 allegations of evidence suppression
1.3 dna testing
1.4 parole
post-conviction
appeals
on july 29, 1980, panel of fourth circuit court of appeals reversed macdonald s conviction in 2–1 split on grounds nine-year delay in bringing him trial violated sixth amendment rights speedy trial. on august 22, 1980, freed on $100,000 bail. subsequently returned work @ st. mary s medical center in long beach, california, director of emergency medicine.
on december 18, 1980, fourth circuit court split 5–5 hear case en banc , earlier decision stood. on may 26, 1981, united states supreme court accepted case consideration , on december 7, 1981, heard oral arguments. on march 31, 1982, ruled 6–3 macdonald s rights speedy trial had not been violated. rearrested , returned federal prison , original sentence of 3 consecutive life terms reinstated time served since 1979 conviction. defense lawyers filed new motion macdonald freed on bail pending appeal, fourth circuit refused. remaining points of appeal heard on june 9, 1982 , conviction unanimously affirmed on august 16, 1982. further appeal u.s. supreme court refused on january 10, 1983. shortly after macdonald s licenses practice medicine in both north carolina , california revoked.
on january 14, 1983, helena stoeckley, aged 32, found dead in small apartment. had apparently been dead several days, , autopsy revealed died of pneumonia , cirrhosis.
on march 1, 1985, dupree rejected defense motions new trial. lawyers macdonald appealed fourth circuit court of appeals, upheld dupree s ruling on december 17, 1985 , refused reopen case. on october 6, 1986 supreme court upheld lower court s decision.
on march 27, 1991, macdonald became eligible parole, did not apply, continuing vehemently maintain innocence.
on july 8, 1991, dupree, after hearing arguments macdonald should granted new murder trial on grounds of prosecutorial misconduct, denied petition. on october 3, 1991, defense counsel appealed dupree s ruling on grounds of judicial bias due rulings in favor of prosecution during trial, , of harshness of prison sentence dupree imposed. appeal denied.
on june 2, 1992, fourth circuit court of appeals ruled against new trial macdonald. stated materials introduced should have been presented macdonald s then-lawyer, brian o neill, in 1984-85 appeal. therefore, rights further appeals forfeited. ruling upheld u.s. supreme court on november 30 of same year.
dupree died after short illness on december 17, 1995. macdonald s former in-laws, colette s mother, mildred, , stepfather, freddie kassab, brought case justice department, both died in 1994; on january 19 , on october 24.
the courts ruled dupree had acted correctly when refused let jury see transcript of 1970 article 32 military hearing, and, because not insanity trial, had acted in not allowing jurors hear of psychiatric testimony. had done so, jurors have learned none of doctors hired defense, or worked army or government @ walter reed hospital, had concluded macdonald psychologically incapable of committing murders. courts have ruled helena stoeckley s confessions of committing murders unreliable , @ odds established facts of case, , treatment @ 1979 trial correct. during trial, arrested under material witness warrant , testified before jury not remember activities on evening of murders due substantial drug use; witnesses whom had confessed not allowed testify.
macdonald granted leave file fourth appeal on january 12, 2006. latest appeal based on 2005 affidavit of jimmy britt, decorated retired united states marshal worked such during trial. britt states heard material witness in case, helena stoeckley, admit prosecutor of case, james blackburn, present @ macdonald house @ time of murders , blackburn threatened prosecution if testified. stoeckley, however, met counsel defense prior alleged meeting blackburn, , told them had no memory of whereabouts night of murders. defense attorney wade smith advised dupree stoeckley had testified on stand same had stated in defense interviews. also, contacted dupree during retention material witness claim terrified, not of prosecutors, of bernie segal, lead defense attorney. britt died on october 19, 2008.
on april 16, 2007, macdonald s attorneys filed affidavit of stoeckley s mother, in states daughter confessed twice @ macdonald house on evening of murders , afraid of prosecutors. past statements concerning daughter @ odds details contained in affidavit. macdonald has requested expand appeal include evidence amassed @ trial, evidence claims discovered subsequent trial (for example, statements of individuals whom stoeckely had made confessions) , dna results completed in 2006. 4th circuit court of appeals granted macdonald s motion successive habeas petition , remanded matter district court eastern division decision. in november 2008, judge fox denied macdonald s motion regarding statement of britt. denial based on merits of claim, stoeckley unreliable, had made many varying statements regarding murders. also, macdonald s claim expected testify in manner favorable him until threatened blackburn contradicted trial records. macdonald s motions regarding dna results , statement of stoeckley s mother denied. denial of these 2 motions based on jurisdiction issues, macdonald had not obtained required pre-filing authorization circuit court these motions district court.
subsequent november 2008 decision, government motion modify decision reflect britt s claims not factual denied. included motion jail documentation establishing stoeckley confined jail in pickens, south carolina, not greenville, south carolina, britt had claimed. included custody commitment , release forms indicating agents other britt transported stoeckley trial. macdonald appealed district court s denial of claim 4th circuit court of appeals. in 2011, court of appeals reversed district court s decision, remanding macdonald s claims district court instructions consideration. evidentiary hearing on britt claim , unknown hairs held in september, 2012. in july 2014, judge fox ruled against macdonald s appeal , upheld conviction.
allegations of evidence suppression
in years since trial, defense lawyers have used freedom of information act find evidence government did not present @ trial. however, of claims regarding suppressed evidence have been rejected courts, citing evidence many of items had indeed been available defense and, if had not, items did not establish innocence , not have changed verdict of jury.
macdonald claims unidentified fingerprints , fibers found in house never matched known have been in there prior or after murders , these prints evidence of intruders. however, prints not match named him intruders, , fingerprint exemplars of children not obtained , colette s fingerprint exemplars of poor quality, taken subsequent embalming.
other claims of withheld evidence involve 2 unidentified 22 inch (56 cm) long synthetic hairs found in hairbrush, not pointed out defense, , minute spot of blood either type o or type b (macdonald s blood type) found in hallway. supporters continue insist not disclosed defense, despite existence of trial transcripts show spot indeed disclosed , discussed. point unsourced black wool fibers found on colette macdonald s mouth , shoulder evidence of intruders government deliberately did not report defense.
in 1995, 2 of macdonald s supporters, jerry allen potter , fred bost, wrote fatal justice, book meant both refute mcginniss fatal vision , present evidence claimed had been hidden government prosecutors.
dna testing
on september 2, 1997, district court granted macdonald s motion file supplemental affidavit fourth circuit court of appeals. lawyers representing him given right pursue dna tests on limited hair , blood evidence on october 17, 1997 fourth circuit court of appeals. testing began in december 2000. defense lawyers hoped results tie stoeckley , associate greg mitchell scene.
dna test results released armed forces dna identification laboratory on march 10, 2006, showed neither stoeckley s nor mitchell s dna matched of tested exhibits. limb hair found stuck colette s left palm matched macdonald s dna profile. matched hairs found on bedspread master bed , on top sheet of kristen s bed. hair found in colette s right palm sourced own. 3 hairs, 1 bedsheet, 1 found in body outline in area of legs, , 1 found beneath kristen s fingernail did not match dna profile of macdonald family member or known suspect.
macdonald unsuccessful @ incorporating motion regarding dna results motion regarding claims of britt, court stating must obtain pre-authorization should separate motion regarding dna results. on april 19, 2011, u.s. court of appeals fourth circuit granted prefiling authorization dna claim. court reversed district court , remanded further proceedings.
in september 2012, district court conducted evidentiary hearing, including macdonald s claims of new dna evidence, on remand fourth circuit s april 2011 ruling. on july 24, 2014, district court rejected claims in entirety , re-affirmed macdonald s conviction on counts. moved district court alter or amend july 24, 2014 judgment, , district court denied motion in november 2014. has appealed denial of motion alter or amend july 2014 judgment u.s. court of appeals fourth circuit.
parole
at urging of macdonald s second wife, kathryn macdonald (née kurichh, married in 2002), , attorneys, applied parole hearing, held on may 10, 2005. parole request denied. next scheduled parole hearing in may 2020.
as of 2015, macdonald serving sentence @ federal prison in cumberland, maryland. continues maintain innocence. in january 2017, 4th u.s. district court of appeals heard appeal macdonald s attorneys challenging 2014 refusal grant him new trial based on new evidence , including hairs found @ scene don’t match family’s dna, , statement jimmy britt.
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