Red - I never said you said anything about the amount of heart Freddy had. So I'm baffled that you would put that in quotations.
You told me to have a heart, and I just said it back to you.
All i was doing Red, was inviting you to get specific about why you like JRM. And why you think he didn't do it.
I enjoy going over the evidence  and drawing conclusions from it.
The evidence is like a puzzle. When you have enough pieces, you start to see a clear picture.
You are correct Red, the army did not lay charges after the Article 32.
But remember, all the evidence was not fully analyzed at that time.
And perhaps a military hearing with  a Colonel deciding was perhaps not the best venue for finding the truth.
The Grand jury returned and indictment and a jury heard all the evidence at a fair trial and found him guilty. And his conviction has stood the test of time and upheld on appeal.
In a way Red, it would have been better for JRM if the army had taken it to court martial.  It is quite possible they would have found him not guilty.
And if they convicted him, he might have gotten early release before the sun set on the 1970's.
You would be able to visit him and have that beer, or go on a road trip.  Wouldn't that be something.
But it wasn't to be. Bernie decided to fight with everything he had at the Article 32.

Red - if the article 32 had recommended charges under a military court martial, he could not have been charged again under civilian court. So the grand jury would not have been hearing the case.

If the CM had found him not guilty, he would be done. Double jeopardy would protect him from further charges.

If the CM had found him guilty, it would have been bad for him of course. He would have gone to a military prison. Likely Leavenworth.

But the way the Army was in disarray after Vietnam he may have gotten early parole. Domestic violence was not well understood at that time. Family anniilators were virtually unknown. He might have been Paroled in 1979 at the age of 36. Nobody outside of the Carolinas and Long Island would have heard of the case.

Now, he would have lost his license to practice medicine. But being a slick operator that he is, I think he would go into sales. Perhaps for a big medical supply company.

He might have been very prosperous by the end of the 80s with all the trappings off success.

He might have changed his name. Perhaps started using his middle name.

But it was not to be.  They fought hard at the Article 32.  Stopped the military prosecutor cold. Caught them flat footed.

He was released from the military and started his California bachelor life.

But the investigation chugged along.  The evidence firmed up and told a compelling story.

Brian Murtagh got on board and Victor Worhyde.  It was brought to the Grand Jury.

This is all in Joe's book. Did you read it?

Last edited by Grandfather (1/20/2022 8:45 pm)

Yes Red, if the Army convicted him it would have been a real conviction. Not sure what you meant by everything else sensationalized.

And yes, I was speculating or guessing what would have happened if he had gone to a court martial. Because it never happened, so we can't know.

But we do know double jeopardy would have protected him from being charged again.

Red - Don't get wrapped around the axel on my speculation about what might have unfolded for him after a court martial.

Its OK to have some fun speculating about alternative scenarios now and then.

We can get back to facts now if you like.

What facts would you like to discuss?

red, evidence tainted?  Was the footprint tainted?  No pajama threats in the living room tainted?  The hair in Colette's hand was MacDonald's, was his that tainted?  If he had been found innocent, would the evidence still be tainted, oh no, of course not, you would accept it and the trail.  Well, he had a trial, found guilty, has tried to prove his innocence, with THE MOST APPEALED CASE IN THE HISTORY OF THE USA!  So, don't preach bs about tainted evidence.  Cm (convicted murderer)  has had every chance to prove his innocence, including basically a 2nd trial under Judge Fox, Evidence as a Whole.  And he still could not prove himself innocent.  On the contrary, he used a witness that was proven to be a Liar.  These are facts.  The man is exactly where he belongs.