December 19, 1980: Letter from Freddy Kassab to all judges of the Fourth Circuit Court re: their decision
Note: Translation of document following scanned copy
From the files of Freddy Kassab
Note: Translation of the document as I read it to be
(Spelling, punctuation and grammar preserved)
December 19, 1980
To: All Judges of the Fourth Circuit Court
Subject: U.S. vs. MacDonald #79-5253
I have read and re-read the majority decision in above captioned case, with amazement. It is unbelievable that it was written by a U.S. Circuit Court Judge, with the approval of a majority. Law students for years to come will most assuredly be given this to read to show them that they should never deteriorate to this point.
Each page contains eroneous facts, supposition, material not in the record or personal opinion unsupported by fact, the law or the Constitution.
The decision states (page 5) that MacDonald's military arrest was the equivalent of a civillian arrest, yet the record shows (Army form DD458 dated 4/6/70 & affidavit of Col. F.B. Kane Jr. 2/23/76 that MacDonald was never arrested, rather he was restricted to quarters in lieu of arrest No evidence of arrest has ever been shown, and there is nothing in the record to show that probable cause was ever found to do so. Without legal arrest, the court cannot support any of it's theories and double talk contained in it's majority opinion. Even as a laymen I could take it apart piece by piece. I won't do so here because it would serve no usefull purpose. I will just comment on some points.
The majority aggrees with MacDonald that he can bring into court a wittness of his choosing who testified that she does not know where she was or
what she was doing at the time of the murders, because of her consumption of large quantities of drugs. This in the court's view automatically makes her a suspect (even though there are probably hundreds of persons in the Fayetteville area who would answer in the same way). Further that it is not only probable that if she took part in these horrible murders, that the two year period during which he court finds the gov't negligible, would cause her to completely forget murdering three persons (pages 13 & 14) The foregoing is an insult to the intelligence of even a retarded grammar school student.
The opinion states (page 6) tat the U.S. Attorney made a recomendation that the matter be submitted to a grand jury within six months of June 1972. This statement is not supported by the record (in plain english it's a lie) The U.S. Attorney Mr. Coolidge, wrote a letter dated Sept. 8, 1972 declining any prosecutive action. In June 1973 the new U.S. attorney Mr. McNamara forwarded a memorandum setting out his recomendations in the case. (contents unknown)
The Majority claims to be safeguarding future generations (page 20) while foresaking the present one TO convicted criminals, who as we all know sit back and laugh at the law, the courts and the Constitution. They know that they have their defenders all the liberal judges. These judges on the other hand could care less what anyone thinks, because they know that they cannot be dethroned, no matter how liberal they get.
This decision could not go to farther extreems when it surmizes that the trial was unfair, because the government had access to better experts and more money than the accused (page 19) Even when the accused claims
to have spent in excess of $500,000. on his defense.
The ultimate in falsification by the majority, is it's accusation (without any proof) that the gov't coached it's wittnesses prior to their testifying (pages 11 & 12)
Be all that asit may, if the court claims as it does that the sixth amendment is applicable to events in the Army, it must automatically follows that all Courts are unconstitutional because the amendment say "In all criminal prosecutions the accused shall enjoy the right to a speedy trial, by an impartial jury of the state and district wherein the crime shall have been committed....."
For my part I have contained my anger, and suffered through the so called "Due Process" because I have been told it is the only way. It seems that everyone has a right to due process except my wife and I and our dead children.
MacDonald has been found guilty of these henious crimes by a jury of his peers. You do not take issue with the trial, the judge's rulings or the verdict. Therefore MacDonald is still guilty as charged. Judge Dupree stated in hi order of Sept 14, 1979 "The Court remains of the opinion that the verdict was fully supported by the evidence."
I repeat for the record the statement I made in 1976. "If the courts of
this country won't administer justice in this case I most assuredly will."
I will not allow the convicted murder of my daughter and granddaughters to go unpunished, just to satisfy the whims of five liberal judges.