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1/16/2022 4:32 pm  #21


Re: Has MacDonald finally given up?

red1975pacer wrote:

Now who got disbarred. Enough said

No that is not enough said. First off, James Blackburn prosecuted Jeffrey MacDonald and won

a conviction in August of 1979. The "crime" Blackburn was convicted of had nothing to do with

the MacDonald case and Blackburn took full responsibility for it. He did his time, paid back the money

and now is a very useful a respected member of society.

Backburn's "crime" was well over a decade AFTER the baby killer was convicted.

It has NOTHING to do with MacDonald's guilt.


Secondly, MacDonald has NEVER taken responsibility for his vicious murder of his family and is 

not a respected or admired member of society.

"He subsequently served a brief time in prison, suffered from depression, spent several years in therapy and a brief stay in Duke Hospital,
and then waited tables at the restaurant where he formerly entertained many clients and paid back his “victims”.

Blackburn documented these experiences in his book, FlameOut. He now has another successful career, through speaking engagements to many varied groups
in a number of states and teaching Bar approved CLE courses on Ethics and Professionalism and Mental Health issues."

Blackburn's case happened many years after he won against MacDonald and has NOTHING

to do with Jeffrey MacDonald. 

That should clear up any confusion on your part.

 

1/16/2022 4:48 pm  #22


Re: Has MacDonald finally given up?

Once the trial began there was no way Mac was going to walk away clean.    The jury probably had some knowledge of the case.   It wouldn’t be the first time.     Who knows what could have happened in a more neutral site

 

1/16/2022 5:15 pm  #23


Re: Has MacDonald finally given up?

Red - you are implying that the jury did not consider the evidence and make a fair determination based on that evidence.  That is a baseless claim.
All indications are the jury did an excellent job in considering the evidence and making a logical determination. There is zero evidence they were affected by any pressures from external. The only pressure was from themselves and their conscience telling them to do the right thing.
How about we do a little thought experiment Red?
If you were on the jury, how would you evaluate the evidence. Let's take two pieces as an example.

1. The footprint in Colette's blood made by a person exiting Kristen's room, carrying something heavy. JRM admitted it was his footprint either during the grand jury or the trial.

2. The breast pocket of JRM's pajama top found on the floor of the master bedroom. It had been ripped clean off.
It was stained with Colette's blood PRIOR to being ripped off. When it was put back in place, the blood stain fit together like puzzle pieces.

Can you tell me Red, what you think each of those two pieces of evidence indicate?

 

1/16/2022 5:22 pm  #24


Re: Has MacDonald finally given up?

Footprint means nothing in such a small area.     Pocket torn of means nothing in a crime scene.     Beyond a reasonable doubt, I don’t think so.     But none of it matters at this point.    Case is over. I’m not gonna debate anything about the case. Anybody can twist and tweak evidence to reach the desired outcome.  Show me real motivation for Mac to do the crime.    Not part fiction as in Fatal Vision

Last edited by red1975pacer (1/16/2022 5:37 pm)

 

1/16/2022 6:40 pm  #25


Re: Has MacDonald finally given up?

Red - here is an example of someone analyzing the footprint and drawing a logical conclusion:

https://criminalmisconduct.blogspot.com/2017/02/the-macdonald-case-footprint.html?m=1

For the torn pocket, I can do that myself.
The pocket was torn in a fight. We know it was a fight between JRM and Colette, because he was wearing the top, and her blood was on the pocket.
That is significant evidence, because he claimed he never fought with her that night. And he claimed the fight that did occur, took place in the living room. But there was no torn pocket or profusion of threads there.
And we know her blood was deposited on his pajama top BEFORE the pocket was torn off.  Because of the blood stain fitting together like a puzzle piece.
So we can conclude he struck her hard enough to draw blood, she fell into his chest area, then grabbed at his shirt and ripped the pocket off.

There were many pieces of evidence that pointed strongly towards JRM. These are just two of them. The jury evaluated the evidence and made the right decision.

Last edited by Grandfather (1/16/2022 6:42 pm)

 

1/16/2022 6:56 pm  #26


Re: Has MacDonald finally given up?

Red - you think motive is the key?
Sometimes it is, for example if a large inheritance is an issue.
But often, the motive doesn't make sense to anyone but the killer.
And in this case, it was an explosion of rage, so motive isn't really much of a factor. It wasn't planned.

Which part of Fatal Vision do you think was fiction?
I thought it was highly evidence based and accurate.

 

1/16/2022 7:59 pm  #27


Re: Has MacDonald finally given up?

The part of McGinnis guessing Macdonalds motivation ( drug use flipping out).      Strictly a ploy to tie up the story against the doctor

 

1/17/2022 6:32 am  #28


Re: Has MacDonald finally given up?

Red - is that the only thing you think Joe got wrong?
If that is the case, and everything else in FV was true, then you shouldn't be a supporter of the killer.

Also, Joe had good reason to speculate about the weight loss drug JRM was taking. Shortly after the murder Bernie got JRM to make some notes, and the first thing he wrote about was taking "3-5 eskatrol" for two weeks prior to the murder. It caused him to lose 11 pounds, which is significant weight loss.
Later, JRM tried to claim he meant a total of 3-5 pills over 2 weeks. But that is absurd, as 1 pill every 3-4 days would not cause significant weight loss.
Escatrol was taken off the market a few years after the murder for having bad side effects including hallucinations, agitation and psychosis.
So it certainly could have been a contributing factor, and Joe was correct to include it in the book.
It was not motive  and Joe never said it was.

Last edited by Grandfather (1/17/2022 6:34 am)

 

1/17/2022 7:30 am  #29


Re: Has MacDonald finally given up?

I’m not going to debate the case.       All the mitigating  factors  helped contribute to Macs incarnation.    He ain’t getting out so there’s nothing to dissect

Last edited by red1975pacer (1/17/2022 7:30 am)

 

1/17/2022 7:10 pm  #30


Re: Has MacDonald finally given up?

Red1975pacer,

Once you are convicted and your conviction is affirmed on direct appeal, the presumption of innocence ceases.  Therefore, MacDonald is not entitled to the benefit of any doubt.  In fact, he bears to burden of proving his actual innocence and has failed to do so in over 40 years of post-conviction litigation.  Most recently, the DNA testing of hairs MacDonald claimed belonged to the "real killer" were tested and did not exclude MacDonald.

MacDonald is as legally and factually guilty today as he was in 1979 when his jury found him guilty beyond a reasonable doubt and in 1982 when the 4th Circuit affirmed his conviction and sentence.

kma367

 

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