Jeffrey R. MacDonald - Post-conviction - Appeals

Appeals

On July 29, 1980, a panel of the Fourth Circuit Court of Appeals reversed MacDonald's conviction in a 2–1 split on the grounds that the nine-year delay in bringing him to trial violated his Sixth Amendment rights to a speedy trial. On August 22, 1980, MacDonald was freed on $100,000 bail. He subsequently returned to work at St. Mary's Medical Center in Long Beach, California as the Director of Emergency Medicine.

On December 18, 1980, the Fourth Circuit Court split 5–5 to hear the case en banc and thus the earlier decision stood. On May 26, 1981, the United States Supreme Court accepted the case for consideration and on December 7, 1981, heard oral arguments. On March 31, 1982, they ruled 6–3 that MacDonald's rights to a speedy trial had not been violated. MacDonald was rearrested and returned to Federal prison and his original sentence of three consecutive life terms was reinstated with time already served since his 1979 conviction. Defense lawyers filed a new motion for MacDonald to be freed on bail pending appeal, but the Fourth Circuit refused. MacDonald's remaining points of appeal were heard on June 9, 1982 and his conviction was unanimously affirmed on August 16, 1982. A further appeal to the U.S. Supreme Court was refused on January 10, 1983. It was shortly after this that MacDonald's licenses to practice medicine in both North Carolina and California were revoked.

On January 14, 1983, Helena Stoeckley, aged 32, was found dead in her small apartment. She had apparently been dead for several days, and an autopsy revealed that she died of pneumonia and cirrhosis of the liver.

On March 1, 1985, Dupree rejected all defense motions for a new trial. Lawyers for MacDonald appealed to the Fourth Circuit Court of Appeals, which upheld Dupree's ruling and refused to reopen the case. On October 6, 1986 the Supreme Court upheld the lower court's decision.

On March 27, 1991, MacDonald became eligible for parole, but he did not apply, continuing to vehemently maintain his innocence.

On July 8, 1991, Judge Dupree, after hearing arguments that MacDonald should be granted a new murder trial on the grounds of prosecutorial misconduct, denied the petition. On October 3, 1991, MacDonald's defense counsel appealed Judge Dupree's ruling on the grounds of judicial bias due to Dupree's rulings in favor of the prosecution during the trial, and of the harshness of MacDonald's prison sentence that Dupree imposed. The appeal was denied.

On June 2, 1992, the Fourth Circuit Court of Appeals ruled against a new trial for MacDonald. They stated that the materials now introduced should have been presented by MacDonald's then-lawyer, Brian O'Neill, in the 1984-85 appeal. Therefore, all rights to further appeals were forfeited. The ruling was upheld by the U.S. Supreme Court on November 30 of that same year.

Judge Dupree passed away after a short illness on December 17, 1995. MacDonald's former in-laws, his wife Colette's mother Mildred, and stepfather Alfred Kassab, who brought the MacDonald case to the Justice Department, both died in 1994 within several months of each other; she on January 19, and he on October 24.

The courts ruled that Dupree had acted correctly when he refused to let the jury see a transcript of the 1970 Article 32 military hearing, and, because this was not an insanity trial, Judge Dupree had also acted properly in not allowing the jurors to hear any of the psychiatric testimony. Had he done so, the jurors would have learned that none of the doctors hired by the defense, or who worked for the Army or government at Walter Reed Hospital, had concluded that MacDonald was psychologically incapable of committing the murders. The courts have also ruled that Helena Stoeckley's confessions of committing the murders were unreliable and at odds with the established facts of the case, and that her treatment at 1979 trial was correct. During trial, she was arrested under a material witness warrant and testified before the jury that she could not remember her activities on the evening of the murders due to substantial drug use; witnesses to whom she had confessed were not allowed to testify.

MacDonald was granted leave to file his fourth appeal on January 12, 2006. This latest appeal is based on the 2005 sworn affidavit of Jimmy Britt, a decorated retired United States Marshal who worked as such during the trial. Britt states that he heard the material witness in the case, Helena Stoeckley, admit to the prosecutor of the case, James Blackburn, that she was present at the MacDonald residence at the time of the murders and that Blackburn threatened her with prosecution if she testified. Stoeckley, however, met with counsel for the defense prior to this alleged meeting with Blackburn, and she told them that she had no memory of her whereabouts the night of the murders. Defense Attorney Wade Smith advised Dupree that Stoeckley had testified on the stand essentially the same as she had stated in the defense interviews. Also, she contacted Dupree during her retention as a material witness to claim she was terrified, not of the prosecutors, but of Bernie Segal, the lead defense attorney. Britt died on October 19, 2008.

On April 16, 2007, MacDonald's attorneys filed an affidavit of Stoeckley's mother, in which she states that her daughter confessed to her twice that she was at the MacDonald residence on the evening of the murders and that she was afraid of the prosecutors. Her past statements concerning her daughter are at odds with the details contained in her affidavit. MacDonald has requested to expand the appeal to include all the evidence amassed at trial, evidence which he claims was discovered subsequent to the trial (for example, statements of individuals to whom Stoeckely had made confessions) and the DNA results completed in 2006. The 4th Circuit Court of Appeals granted MacDonald's motion for a successive habeas petition and remanded the matter back to the District Court Eastern Division for a decision. In November 2008, Judge Fox denied MacDonald's motion regarding the statement of Britt. This denial was based on the merits of the claim, generally that Stoeckley was unreliable, as she had made many varying statements regarding the murders. Also, that MacDonald's claim that she was expected to testify in a manner favorable to him until threatened by Blackburn is contradicted by the trial records. MacDonald's motions regarding the DNA results and the statement of Helena Stoeckley's mother were also denied. The denial of these two motions was based on jurisdiction issues, specifically that MacDonald had not obtained the required pre-filing authorization from the Circuit Court for these motions to the District Court.

Subsequent to the November 2008 decision, a government motion to modify the decision to reflect that Britt's claims were not factual was denied. Included with the motion was jail documentation establishing that Stoeckley was originally confined to the jail in Pickens, South Carolina, not Greenville, South Carolina, as Britt had claimed. Also included were custody commitment and release forms indicating that agents other than Britt transported Stoeckley to the trial. MacDonald appealed the district court's denial of his claim to the 4th Circuit Court of Appeals. In 2011, the Court of Appeals reversed the District Court's decision, remanding MacDonald's claims back to the District Court with instructions for consideration. An evidentiary hearing on the Britt claim and the unknown hairs has been scheduled by Judge Fox, having been rescheduled several times at the request of MacDonald.