what new evidence did macdonald's attorney used tp file for a new trail?

Why did judge refuse to release ex-army captain Jeffrey MacDonald?

Apr 09, 2021 · A federal appeals court refused in December 2018 to grant MacDonald a new trial, ruling new evidence did not warrant one. A federal judge on Friday refused to release an ex-Army captain imprisoned for decades for the murders of his wife and two young daughters, deciding he lacked authority to consider Jeffrey MacDonald’s request.

Why did the judge deny MacDonald’s release?

Apr 09, 2021 · FILE - In this March 1, 1995 file photo Jeffrey MacDonald gestures at the federal correctional institution in Sheridan, Ore. A federal judge …

Who is Jeffrey MacDonald and why was he refused release?

Aug 24, 2020 · New evidence has emerged of additional relationships, which Easterbrook had obscured from previous investigations. By Pasha Law PC Founded in 2008, Pasha Law PC provides general counsel services to businesses in California, New York, Texas, and Illinois.

Did John Macdonald make his footprint before he died?

Jul 14, 2015 · RALEIGH – United States Attorney Thomas G. Walker announced Senior United States District Judge James C. Fox has denied Jeffrey MacDonald’s latest motions for a new trial. United States Attorney Thomas G. Walker stated, “Today our thoughts turn toward Colette, Kimberly and Kristen MacDonald whose lives were taken tragically by the defendant in this case.

What was the argument made by McDonald's lawyer Tracy Jenks?

However, McDonald's presentably weak argument from attorney Tracey Jenks stated that any food no matter what, if served over 54 °C, would cause a severe burn and that “restaurants had more pressing dangers to worry about and that the number of coffee spills is only 1 in 24 million cups of coffee making the settlements ...Aug 5, 2020

Did the woman who sued McDonald's win?

In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald's drive-thru in Albuquerque and spilled it on her lap. She sued McDonald's and a jury awarded her nearly $3 million in punitive damages for the burns she suffered.

In what percentages did the jury assign blame in the hot coffee lawsuit against McDonalds?

The jury awarded Liebeck $200,000 in compensatory damages -- reduced to $160,000 because the jury found her 20 percent at fault -- and $2.7 million in punitive damages for McDonald's callous conduct.

Why did Stella Liebeck win the case?

In the McDonald's hot coffee case, Ms. Liebeck was found to be partially to blame for her injuries due to the way she removed the lid from her coffee cup. Her award was reduced by the percentage that the jury found her to blame for her injuries.

How much did the McDonalds coffee lady get?

Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. They awarded Liebeck $200,000 in compensatory damages, which was reduced by 20 percent to $160,000. In addition, they awarded her $2.7 million in punitive damages.

What degree burn is coffee?

When the temperature of a hot liquid is increased to 140° F it takes only five seconds or less for a serious burn to occur. Coffee, tea, hot chocolate and other hot beverages are usually served at 160° to 180° F, resulting in almost instantaneous burns that may require surgery.

Who Sued McDonalds for making them fat?

Caesar Barber, 56, a maintenance worker who weighs about 270 pounds and stands 5-foot-10, claims McDonald's, Burger King, Wendy's and KFC jeopardized his health with their greasy, salty fare.Jan 7, 2006

What type of tort was the McDonalds hot coffee case?

”Tort Reform” is the movement to limit the amount of money the injured can receive in a lawsuit. It is based on a perception that litigation is out of control. The “McDonald's Coffee Case” is the most cited example of how out of control things supposedly are.Mar 24, 2012

On what theory did Ms Liebeck's attorney base the lawsuit upon?

Liebeck's attorney filed a lawsuit based on a theory of negligence and of products liability. Her attorney argued that the restaurant was negligent because it heated the coffee much higher than necessary and enough to where it could cause serious injuries.Feb 9, 2018

Why did McDonalds serve coffee so hot?

During the trial, it was revealed that McDonald's kept its coffee temperature between 180 and 190 degrees Fahrenheit, even though any drink served at temperatures over 140 degrees Fahrenheit could cause serious burns. The company claimed to do that because it “made the coffee taste better.”May 18, 2018

Why did Ms Liebeck's lawyers believe that McDonalds was liable to Ms Liebeck?

In essence, the jury said that Mrs. Liebeck did carry some blame for her injuries because she held the coffee improperly. At the end of the day, if McDonald's served its coffee at a reasonable temperature, it would have been unlikely that Mrs. Liebeck's injuries would've been so severe.Sep 10, 2020

How much money do McDonalds make a day?

On average, McDonalds makes $75 million revenue in a day! With a turn over of $27 billion annually, it is the 90th largest economy in the world!

When was MacDonald convicted?

MacDonald was convicted in 1979 for the 1970 slayings of his pregnant wife, Colette; 5-year-old daughter Kimberley; and 2-year-old daughter Kristen at their family home at North Carolina’s Fort Bragg. MacDonald has declared his innocence and spent years on appeals in the “Fatal Vision” case, named for a book about the investigation.

When was Jeffrey MacDonald released?

The Associated Press. FILE - In this March 1, 1995 file photo Jeffrey MacDonald gestures at the federal correctional institution in Sheridan, Ore. A federal judge refused on Friday, April 9, 2021 to release an ex-Army captain imprisoned for decades for the murders of his wife and two young daughters, deciding he lacked authority to consider Jeffrey ...

What disease did MacDonald have?

Now age 77 and serving his sentences at a Maryland prison, MacDonald has chronic kidney disease, skin cancer and high blood pressure.

Why did the judge refuse to release the ex-Army captain?

A federal judge has refused to release an ex-Army captain imprisoned for decades for the murders of his wife and two young daughters, deciding he lacked authority to consider Jeffrey MacDonald’s request

When did the Supreme Court reinstate the Manson case?

The 4th U.S. Circuit Court of Appeals overturned his convictions in 1980, but the U.S. Supreme Court reinstated them in 1982. ——— Associated Press writer Jonathan Drew in Durham contributed to this report. This story has been corrected to show that the Manson murders were committed in 1969, not 1970.

Where does MacDonald's wife live?

MacDonald’s second wife, Kathryn, lives in Maryland and would take care of him should he be released, according to his attorneys.

Who was the man who killed his wife and children?

Prosecutors at the 1979 trial said MacDonald, a physician, used a knife and an ice pick to kill his wife and children at their house before stabbing himself with a scalpel. MacDonald maintains he was wrongly convicted, pointing to “drug-crazed hippies” as the killers.

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What happened in the MacDonald case?

The tragedy of the MacDonald case — three human beings slaughtered and the bereaved survivor suffering half his life in prison for crimes that the full panoply of evidence shows he did not commit — is a tale of what can happen when defense counsel is not allowed reasonable, fair access to evidence secured in the prosecution file. The Brady rule, in theory, should have been transformative of state and federal criminal trial practice. The percentage of wrongful convictions should have been radically reduced by promulgation of this salutary rule by the Supreme Court. But the difficulties enforcing Brady ’s command, combined with the limitations imposed on the writ of habeas corpus by both Supreme Court opinion and legislation, have transformed a promised remedy for injustice into a sometimes cruel illusion.

What happened to Jeffrey McDonald?

When they entered the apartment, they found McDonald, a Green Beret trauma surgeon, lying unconscious across his wife Colette’s dead, mutilated body. Their two young daughters were found stabbed and bludgeoned to death in their bedrooms. MacDonald told investigators that he had fallen asleep on the couch and a woken in the middle of the night to find four intruders standing over him — three men, including one in an army jacket, and a woman with long blonde hair, dark clothing and a floppy hat, holding a candle — and that the men proceeded to attack him with a club and stab him in the chest. MacDonald claimed that, after a struggle, he lost consciousness, and awoke some time later to the gruesome sight of his murdered family. He was then treated for his injuries, including a stab wound to the chest that partially collapsed one of his lungs.

When was the first habeas petition denied?

MacDonald’s first habeas petition was denied by a panel of the Fourth Circuit Court of Appeals in 1985, and the Supreme Court denied certiorari in 1986. Two years later, MacDonald and an investigator named Ellen Dannelly began to sift through the thousands of pages of FOIA materials that the government had handed over in advance of MacDonald’s first habeas petition. MacDonald then retained FOIA expert Anthony Bisceglie, who filed additional FOIA requests with the Army, FBI, and DOJ. My colleagues and I came on board after Bisceglie began his FOIA work.

What was the Puretz Memo?

The Murphy FOIA materials supplied a wealth of exculpatory evidence. Some of it was forensic, some not. Foremost among the nonforensic pieces of evidence that made an impression on me was an innocuous-seeming memorandum that we called the “Puretz Memo,” named after a law student clerk who was working at the time in the U.S. Attorney’s Office and was helping the trial team, particularly DOJ lawyer Brian Murtagh, prepare for trial. The Puretz memo delineated the state of federal law regarding a prosecutor’s obligation to disclose to the defense any exculpatory evidence known to the prosecutor in accordance with the Brady7 case law promulgated by the Supreme Court, as well as the Fourth Circuit.

Why was it possible to reconstruct what happened to the MacDonald family?

According to the government, they were able to reconstruct what happened due to the fact that each member of the MacDonald family had a different blood type.

How far did MacDonald have to go to get off the gurney?

To get off the gurney in its low position, 8" from the floor, MacDonald would have had to put his lower body into one of the doorways leading off the 3' wide hallway, such as the door where the bloody footprint was found just 10" inside the room.

What was the brown hair on Colette's left hand?

A brown hair found in Colette’s left hand did belong to MacDonald or anyone else in the home. A month after the murders, CID Agents secretly removed hairs from one of MacDonald’s sweaters and labeled the samples as the "known hair of MacDonald.". They were disappointed when the lab identified it as horse hair.

Why did Colette's pajama top shift?

No examination was made to determine how much Colette’s pajama top shifted with the ice pick thrusts into her chest, there had to be some shifting of her pajama top because there were 3 holes in the back, yet she had no ice pick wounds to her back. This would also bring about some shifting of MacDonald’s pajama top.

What was the palm print on the foot board of Jeffrey and Colettes bed?

A bloody adult palm print found on the foot board of Jeffrey and Colettes bed on the morning of the murders. The print did not match Jeffrey, Colette, Kimberly or Kristen. It also did not match any of the people known to be at the murder site that morning.

When was the directionality study conducted?

CID conducted a study of directionality in 1971 and drew certain conclusions concerning 11 holes. An independent study a short time later by the FBI resulted in the same conclusion. The FBI stabbing through the pajama top experiment ignored these findings.

How wide is an ice pick blade?

The ice pick blade was measured by the government as .120" wide. According to government’s measurements, the ice pick blade would have penetrated an additional 1 -1/2" to cause a maximum width hole as found in the pajama fabric.

if a judge wants to fairly apply the rules of evidence and procedure

This is the real challenge in a foreclosure trial….getting the court to believe that a homeowner in foreclosure is entitled to the same due process protections as an accused child molester or murder.

And now onto the foreclosure trial, starting with the bank witness

Q And have you had the opportunity to review all#N#12 of the relevant documents and business records associated#N#13 with this specific loan and the present foreclosure#N#14 action?#N#15 A Yes.#N#16 Q And what are the sum of the records that you#N#17 reviewed?#N#18 A I reviewed the copy of the note, the mortgage,#N#19 the payment history, the final judgment, the breach#N#20 letter and the J-fix (ph.).#N#21 Q And all of the records that you just mentioned#N#22 are made at or near the time of the event they are#N#23 created.

A court cannot ignore basic law anymore than it should ignore rules or procedure

6 MR. WEIDNER: Your Honor, I’m going to point to#N#7 — we’ll get straight to it. I’m going to point to#N#8 the specific objection, it’s that document that is#N#9 sitting before the witness right there, and be real#N#10 clear about what my objection is. May I voir dire#N#11 for two sentences?#N#12 THE COURT: Okay.

T he judge gets the facts and the evidence he wants to see, he keeps his courtroom in control and focuses all the parties

11 MR. WEIDNER: You have got an original note 12 there, your Honor. The case law could not be more#N#13 explicit — most recently, a little over a month#N#14 ago. The only party that is entitled to enforce#N#15 that document that you are holding in your hand is#N#16 Residential Credit, period.

Again, the judge recognizing their problem, tries to help them

24 MS. ARENAS: Could I just have a minute to#N#25 confer with my client, your Honor?

The Murders and The Legal Proceedings to Date

• Early in the morning of Feb. 17, 1970, military police responding to an emergency call arrived at Jeffrey MacDonald’s apartment in Fort Bragg, N.C. When they entered the apartment, they found McDonald, a Green Beret trauma surgeon, lying unconscious across his wife Colette’s dead, mutilated body. Their two young daughters were found stabbed and bludgeoned to death in thei…

See more on nacdl.org

The FOIA Expedition

The Puretz Memorandum

Mccleskey v. Zant Intervenes

Conclusion

Notes