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3/05/2021 4:15 pm  #31


Re: The worst "he's innocent" justification - lack of parole request

Christina Masewicz wrote:

Some information to those who are interested-

As to MacDonald's compassionate release filings

MacDonald submitted an informal request for compassionate release (BP-8) to the Warden at FCI Cumberland on April 10, 2020. Request was denied on April 24, 2020.  In denying his request, the Warden acknowledged MacDonald's "medical concerns," but found that because he was "able to function in correctional setting," his request for a compassionate release was not appropriate at that time.

He then filed a formal Request for Administrative Remedy (BP-9) on May 13, 2020. His request was again denied on June 3, 2020.

On June 9, 2020, he filed a Regional Administrative Remedy (BP-10)
On September 10, 2020, he received a response informing him that his appeal was denied. In the response Regional Director acknowledged MacDonald's "medical concerns," but nonetheless, denied his appeal based on MacDonald's classification as "Simple Chronic Care" despite the existence of medical records subjecting he is in Stage 4 chronic kidney disease, has had skin cancer,  (basal and squamous cell carcinoma)  and hypertension.  MacDonald has been seen  for his actinic keratosis or pre-cancerous proliferations that if left untreated, can develop into squamous cell carcinoma.  Interestingly enough, he was first diagnosed with chronic kidney disease in 2007.                             

On November 11, 2020, MacDonald filed a motion in the  North Carolina for a Compassionate release.  Citing that because he is 77 years old, having served 39 years of his sentence (ii) is experiencing a serious deterioration in physical or mental health because of the aging process. 
MacDonald currently works in Unicor in the engraving department as a quality and assurance inspector. (This is where license plates are produced.)

According to Hart Miles, The BOP has determined that MacDonald has a minimum risk of recidivating. Further stating MacDonald's minimum risk of recidivating is further supported by his age which corresponds to a reduced likelihood of recidivating according to the findings issued by the United States Sentencing Commission. Thus, MacDonald does not pose a danger to any other person or community.

Dr. Cyril Wecht has got into this as well,  opining that his professional opinion "MacDonald requires specialized medical  care at this time because of his advanced kidney disease and several other comorbidities."

The motion cites that the current life expectancy in the United States is 78.6 years. MacDonald now being 77 years old. Statistically, he has only one year of his life remaining.

Should MacDonald be released, he has a verifiable reentry plan. He will reside with his wife of more than 18 years who currently lives in Columbia, Maryland near FCI Cumberland where he is currently housed. She is familiar with him and his medical history, and who  has agreed to house him and ensure that he complies with any conditions of release. She is also prepared to arrange COVID-19 testing and medical treatment by oncologists, nephrologists, cardiologists and any other medical specialists needed to treat his medical conditions.

They are pushing the what ifs here. What if he get COVID-19 he would need more specialized treatments than what the prison can provide. 

Underlying the principle that the punishment should fit the offender and not merely the crime. This I do not agree with.
And that folks, is where we are. The motion has not been addressed as yet, and no parole request are being processed at this time.  

The motion has 4 attorneys on it. 
Hart Miles is the main one with Joseph Zeszotarski, Jr.  The other two are new to the case.

Christina,

Thanks so much for the great update. In regards to Inmate being recidivistic, I believe he would be, though I hope I’m wrong. Inmate is the worst kind of Narcissist and, I believe, he is full of rage because he believes he  is smarter and better than everyone else and his story wasn’t believed and all of his attempts to overturn his conviction were rebuffed. In his mind, he has constantly been denied his freedom and the acknowledgement he is innocent. I fear that someone, his current wife perhaps, will trigger that rage with dreadful consequences. It best he stay where he is!

 

3/05/2021 4:26 pm  #32


Re: The worst "he's innocent" justification - lack of parole request

Christina Masewicz wrote:

Spifflog wrote:

Christina, do you know how long it takes for MacDonald to receive an answer?
My goodness it would be horrible if he gets out.

I seriously doubt the judge will make a decision at the hearing. I suspect he say he will take the issue under advisement and notify the parties when his decision has been reached. I could be wrong, this is only my opinion.

Thank you for the update and excellent opinions. I hope the Judge remembers that Collette, Kimberley, Kristi and the baby died because convict had ZERO compassion!

 

3/13/2021 2:39 pm  #33


Re: The worst "he's innocent" justification - lack of parole request

Christina Masewicz wrote:

Some information to those who are interested-

As to MacDonald's compassionate release filings

MacDonald submitted an informal request for compassionate release (BP-8) to the Warden at FCI Cumberland on April 10, 2020. Request was denied on April 24, 2020.  In denying his request, the Warden acknowledged MacDonald's "medical concerns," but found that because he was "able to function in correctional setting," his request for a compassionate release was not appropriate at that time.

He then filed a formal Request for Administrative Remedy (BP-9) on May 13, 2020. His request was again denied on June 3, 2020.

On June 9, 2020, he filed a Regional Administrative Remedy (BP-10)
On September 10, 2020, he received a response informing him that his appeal was denied. In the response Regional Director acknowledged MacDonald's "medical concerns," but nonetheless, denied his appeal based on MacDonald's classification as "Simple Chronic Care" despite the existence of medical records subjecting he is in Stage 4 chronic kidney disease, has had skin cancer,  (basal and squamous cell carcinoma)  and hypertension.  MacDonald has been seen  for his actinic keratosis or pre-cancerous proliferations that if left untreated, can develop into squamous cell carcinoma.  Interestingly enough, he was first diagnosed with chronic kidney disease in 2007.                             

On November 11, 2020, MacDonald filed a motion in the  North Carolina for a Compassionate release.  Citing that because he is 77 years old, having served 39 years of his sentence (ii) is experiencing a serious deterioration in physical or mental health because of the aging process. 
MacDonald currently works in Unicor in the engraving department as a quality and assurance inspector. (This is where license plates are produced.)

According to Hart Miles, The BOP has determined that MacDonald has a minimum risk of recidivating. Further stating MacDonald's minimum risk of recidivating is further supported by his age which corresponds to a reduced likelihood of recidivating according to the findings issued by the United States Sentencing Commission. Thus, MacDonald does not pose a danger to any other person or community.

Dr. Cyril Wecht has got into this as well,  opining that his professional opinion "MacDonald requires specialized medical  care at this time because of his advanced kidney disease and several other comorbidities."

The motion cites that the current life expectancy in the United States is 78.6 years. MacDonald now being 77 years old. Statistically, he has only one year of his life remaining.

Should MacDonald be released, he has a verifiable reentry plan. He will reside with his wife of more than 18 years who currently lives in Columbia, Maryland near FCI Cumberland where he is currently housed. She is familiar with him and his medical history, and who  has agreed to house him and ensure that he complies with any conditions of release. She is also prepared to arrange COVID-19 testing and medical treatment by oncologists, nephrologists, cardiologists and any other medical specialists needed to treat his medical conditions.

They are pushing the what ifs here. What if he get COVID-19 he would need more specialized treatments than what the prison can provide. 

Underlying the principle that the punishment should fit the offender and not merely the crime. This I do not agree with.
And that folks, is where we are. The motion has not been addressed as yet, and no parole request are being processed at this time.  

The motion has 4 attorneys on it. 
Hart Miles is the main one with Joseph Zeszotarski, Jr.  The other two are new to the case.

Do you know anything about the recent hearing Mar. 11th? They say convict has three years to live if he gets dialysis. The article makes it seem the judge was sympathetic to convict. (51 years comment) I would appreciate any info or opinion. Thanks so much.

https://www.google.com/amp/s/amp.newsobserver.com/news/local/article249864818.html

 

3/14/2021 3:21 pm  #34


Re: The worst "he's innocent" justification - lack of parole request

Texaspoet - Thanks for the link, it was good to find out what is going on.
But it is the type of article that might confuse readers who have not looked at the evidence.
They give great credit to inmate for maintaining his innocence for 50 years, as if that is unusual.
Lots of guilty people maintain their innocence. It doesn't mean much.
Also, they like to portray it as a mystery, like we can never really know what happened there.
Not true. There is a lot of evidence showing what happened. The only mystery is why, or a few quibbles over who was killed first, second or third.
Also, the article implied that the 51 years that have passed mean it is time to move on.
Can the victims move on?  Has it been long enough for them?  Can they be released?
The average lifespan is around 75 years. 
Colette lost 50 years, and the 3 children lost 75 years each. Total 275 years.
But they lost much more than that. They lost their opportunity to make a difference in the world, to fall in love and have children and granchildren. An incalculable loss.
And that is not even counting the trauma and pain of knowing the person who was supposed to protect you is killing you.
And the pain and loss felt by the families. Freddy and Mildred. Bob. Even inmates mother and siblings  suffered.

 

3/14/2021 4:04 pm  #35


Re: The worst "he's innocent" justification - lack of parole request

Grandfather wrote:

Texaspoet - Thanks for the link, it was good to find out what is going on.
But it is the type of article that might confuse readers who have not looked at the evidence.
They give great credit to inmate for maintaining his innocence for 50 years, as if that is unusual.
Lots of guilty people maintain their innocence. It doesn't mean much.
Also, they like to portray it as a mystery, like we can never really know what happened there.
Not true. There is a lot of evidence showing what happened. The only mystery is why, or a few quibbles over who was killed first, second or third.
Also, the article implied that the 51 years that have passed mean it is time to move on.
Can the victims move on?  Has it been long enough for them?  Can they be released?
The average lifespan is around 75 years. 
Colette lost 50 years, and the 3 children lost 75 years each. Total 275 years.
But they lost much more than that. They lost their opportunity to make a difference in the world, to fall in love and have children and granchildren. An incalculable loss.
And that is not even counting the trauma and pain of knowing the person who was supposed to protect you is killing you.
And the pain and loss felt by the families. Freddy and Mildred. Bob. Even inmates mother and siblings  suffered.

 
Well said! Kudos! One of the things that always bothers me are writers who feel giving an air of mystery is preferable to the truth. Convict was and is a family annihilator, a narcissist, serial adulterer, thief and liar . All have been proven. Some like adulterer, thief, and liar, have been proven by his own admissions. There is no mystery. None. Only, as you say, small details open to discussion.

I believe he is not only continuing to lie about his guilt, but also about the extent/degree of his illnesses. It’s what he does. I also believe he is still a threat, if he is released. I believe he is so filled with rage, because investigators and the judges and juries didn’t believe his (in his mind) amazing story and none of his great appeals (in his mind) succeeded, that he could be a time bomb. He was smarter than everyone else and it all should have worked (in his mind).

And, as you eloquently stated; he hasn’t paid the full penalty yet.

 

3/14/2021 6:27 pm  #36


Re: The worst "he's innocent" justification - lack of parole request

Texaspoet - you are probably right that he is still dangerous, and if he becomes frustrated his rage could explode again.
But I don't want to debate inmate supporters on the odds of that happening. I dont care if the odds are 50/50 or 90/10.
He should serve his sentence until it is completed. The judge sentenced him to 3 CONSECUTIVE life terms.
When he was plunging the knife into little Kristen and aiming for her heart, he knew it was permanent.
Well, it is permanent.
The only way I would have a tiny bit of sympathy for him is if he had come clean 15 or 20 years ago.
And explored at length the reasons and conditions that led to the explosion of rage. And asked for forgiveness.
Maybe a discussion on the topic could lead to interventions occurring in similar situations today and possibly preventing a family tragedy before it happens.
But he didnt do any of that.

 

3/14/2021 11:18 pm  #37


Re: The worst "he's innocent" justification - lack of parole request

Grandfather wrote:

Texaspoet - you are probably right that he is still dangerous, and if he becomes frustrated his rage could explode again.
But I don't want to debate inmate supporters on the odds of that happening. I dont care if the odds are 50/50 or 90/10.
He should serve his sentence until it is completed. The judge sentenced him to 3 CONSECUTIVE life terms.
When he was plunging the knife into little Kristen and aiming for her heart, he knew it was permanent.
Well, it is permanent.
The only way I would have a tiny bit of sympathy for him is if he had come clean 15 or 20 years ago.
And explored at length the reasons and conditions that led to the explosion of rage. And asked for forgiveness.
Maybe a discussion on the topic could lead to interventions occurring in similar situations today and possibly preventing a family tragedy before it happens.
But he didnt do any of that.

 
Agreed.

 

3/21/2021 12:25 pm  #38


Re: The worst "he's innocent" justification - lack of parole request

I downloaded the Motion for Compassionate Release and responses, if you'd like them.  You can email me at lisa.clearandconvincing@gmail.com.

Thanks,

Lisa (kma367) 

 

3/22/2021 9:55 am  #39


Re: The worst "he's innocent" justification - lack of parole request

Welcome to the board Tim2020

As for the coffee table and its evidentiary value - I believe it was considered problematic because the IO at the Article 32 tipped over the table (but without bothering to find out if the rest of the furniture was in its place as it had been that terrible night) it appeared that the table could have ended up as it was seen in the crime scene photos - that would have been to cumbersome to explain in court imo.

Compassionate Release:  he does not deserve it!  COVID and/or the threat of catching it does not undo the harm inmate did.  There are prison hospitals - so if inmate is so sick that he needs more specialized treatment than what is available at FCI Cumberland then transfer him to Springfield MO or one of the other prison hospital facilities.  He is already getting off easy by being at Cumberland which is not MAX Security but it is the only prison facility within the mileage of his release address mandate.

It bothers me that the Judge has not made a determination in this case.  The strain that this is putting on Bob and Pep has got to be beyond belief!  It is unfair!  They are being victimized again and again by inmate and now the system for giving in to inmate's machinations.  Susan Atkins had a cancerous brain tumor and she didn't get compassionate release - so why should inmate get special treatment?  So what he has some moles that might one day become cancerous, so what if he has kidney disease and may need dialysis?  If he is so worried about COVID why did he refuse the vaccinations?

People Magazine Article - that was a huge waste of space!  however, what really bothers me is that there are now people out there who do not bother to do the research and learn the truth that champion this lying, narcissistic, sociopathic family annihilator.  I spent hours upon hours checking the discussion pages associated with the People Magazine articles and/or sections of articles related to inmate.  I wrote detailed replies and included details of "fact checked" areas that the writer of the articles chose to ignore.  I like to believe that the fact that she could have easily and should have researched and checked the real facts not the fairy tales told by SMQ is a large part of why she was fired from PEOPLE.  I know that her editor contacted CM and I have great faith that she told the editor the truth and pointed out how easily the facts could have been acquired!!!!  I heard that the editor was not at all happy with how many negative (anti PEOPLE Magazine) comments were received on the discussion pages and at the magazine itself.  Perhaps that is why they took down the inmate articles and discussions.  

 

3/29/2021 7:49 am  #40


Re: The worst "he's innocent" justification - lack of parole request

I was surprised, and pleased to learn that according to the government, due to the time that MacDonald killed his family, he isn't even eligible to appeal Bureau of Prison's decision to disapprove his compassionate release request.  From the government, only crimes committed after 1 November 1987 can be appealed beyond the BOP.  If that's the case, from a strict legal read, than perhaps he will stay where he is.  Let's hope so.

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