JUNE 29, 2009
Well, folks, June 26 has come and gone, and Barry Scheck did not comply with the court's
request to file an
appearance of counsel form for MacDonald. Does that mean he will stay in the background and do his bidding through the attorneys for New England Innocence Project and North Carolina Center on Actual Innocence?
I am shocked that an organization as well known as the Innocence Project would deny any involvement in the Jeffrey MacDonald case, and then later admit that the Innocence Project, along with the New England Innocent Project and the North Carolina Center on Actual Innocence, did file an amici curiae on his behalf.
In plain English, "An amici curiae is literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views."
..."The person is usually, but not necessarily, an attorney, and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court."
For those who are interested, I highly recommend they read the complete article at the above link.
In my opinion, it is apparent that the Innocence Project is a "Day Late and a Dollar Short" as well as (with all due respect) short on brains!
I object to the Innocence Project involvement since the criteria (as I understand it) for taking on a case is post-trial conviction where DNA can possibly prove innocence. "Stupid is as stupid does". (It means that an intelligent person who does stupid things is still stupid. You are what you do.) You are aware of the DNA testing results are you not?
Jeffrey MacDonald did the crime. He was caught, charged, tried and convicted based on overwhelming circumstantial evidence as well as forensic evidence!
In the words of Nancy Pelosi, "We in this case...justice won...get over it!" Go back to spending your time and efforts to those who are truly in need of it.
David Plotz wrote "If there is a special corner of hell reserved for O.J. Simpson's lawyers--and I'm sure there is--Barry Scheck has spent the last week roasting in it. Scheck had conducted a magnificent defense of accused baby killer Louise Woodward, complete with his trademark sneering speeches, windmilling arms, and devastating cross-examinations. Then Scheck watched, stunned, as his client was convicted of second-degree murder and sentenced to life in prison." It is a perfect description of Scheck. You can read the complete article at http://www.slate.com/id/1839/
As to the article written (and I'm sure, scrupulously edited) by Ms. MacDonald JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED: The article contains specious statements, including the one claiming Dr. MacDonald was "cleared" by the Army, there are also significant omissions of information which are pertinent to the prosecution's case. To describe this woman as a polemic is to under estimate her ability to haughtily ignore all evidence of her husband's culpability in these murders. She is virtually useless in any capacity as a defense advocate, and at best, she can be politely labeled as 'misguided'. She is not educated on the facts of the case.
I could respond to each of her issues addressed in the article, but it is useless to waste my time and effort.
However, I will address several here:
(1) Jeffrey MacDonald was not cleared by the army. Major General Edward Flanagan clearly stated, "I have considered the attached charges against Captain Jeffrey R. MacDonald, 112-34-8378, Headquarters and Headquarters Company, 6th Special Forces Group (Airborne), 1st Special Forces, and the report of investigation made in accordance with paragraph 34, Manual for Courts-Martial, United States, 1969 (Revised Edition), and Article 32, Uniform Code Of Military Justice. In my opinion, there is insufficient evidence available to justify reference of the charges for trial by court-martial. Consequently, I have dismissed the charges in accordance with paragraph 33f, Manual for Courts-Martial, United States, 1969 (Revised Edition)." This information can be found at
Court-martial charges dismissed by Major General Edward Flanagan: October 23, 1970
The government was free to continue its investigation.
(2) Her husband, Inmate Jeffrey MacDonald, did not remain in Intensive Care for nine days. He had no injuries that would warrant that kind of care. Accord to Dr Merrill Bronstein's grand jury testimony, he was transferred out of Intensive Care after 24 hours, to a private room on Ward 2-A.
This information is found at
Grand Jury, December 4, 1974: Dr. Merrill Bronstein
Dr. Frank Gamma testified at the 1979 trial to the following questions with his answers:
Q Now, I believe you did testify that he stayed in the hospital eight or nine days; is that correct?
A That is right.
Q What was the purpose of his staying in the hospital those days after the final chest tube was taken out?
A Well the main reason was the investigation that was going on as well as no real home for him to go to to relax and recuperate.
This information can found at
1979 trial: July 30: Dr. Frank Gemma
(3) Ms MacDonald claims in her article that the defense wanted some 50 exhibits, which represented the remaining biological evidence tested, and that Judge Fox granted limited DNA testing.
As to the items to be tested - According to Judge Fox's order, the exhibits which were subject to testing were the existent and known sourced and unsourced hairs, blood stains, blood debris, tissue and body fluids specifically identified on April 22, 1997 according to Philip Cormier's affidavit.
His order continued to state, Upon the government's completion of its inventory, unpacking and mounting of the exhibits and exemplars, they shall be delivered to the laboratory, which will conduct a "divisibility analysis" in order to determine which of the exhibits and exemplars are divisible. From each exhibit and exemplar which is capable of division, the laboratory shall retain such portion as is necessary for DNA testing, and shall return the remainder to the government which thereafter shall have unrestricted use thereof. As to the non-divisible items, the parties shall attempt to agree to the order in which such items should be tested. Each side was told that in the absence of agreement, the parties shall bring prioritization issues before the court. Each side was told that during the testing, either party could petition the court for discontinuance of the testing process in order to preserve the samples to the fullest extent consistent with the resolution of the issues before the court.
Both sides were told that their respective experts could attend and observe the testing process, and shall defer to the procedures, methods and protocol employed by the laboratory.
This information can be found at
Judge Fox's orders regarding DNA: filed March 26 and April 14, 1999
(3) Ms. MacDonald's statement, "At what point does a prosecutor's zeal lose legitimacy and become a "truth be damned" psychotic obsession?
I find this statement in poor taste even coming from her. Brian Murtagh is a fine and honest man who since 1971 has represented the victims and spoken for them. He fought for justice, and won it in a court of law. Obsessed? Without a doubt, but he brought a murderer to justice for the brutal crimes he committed upon his pregnant wife and two defenseless little girls.
Jeffrey MacDonald is not fit to shine his shoes.
Furthermore, no appellate court has found any viable reason to overturn this conviction. No new evidence presented by MacDonald's Dream Team has resulted in a retrial. The United States has had its fill of Jeffrey R. MacDonald, with the exception of certain sore losers on his defense team, and a coterie of...shall we say...motivated ambulance chasers who spend their time swimming in trifling technicalities. MacDonald has a GOLDEN opportunity to end this nightmare he has experienced for so long, and I believe it is his only chance to see the light of day: A full, voluntary confession of his guilt is all that is needed. To use a Biblical reference: "The Truth shall set you free".
Several contacts recently have asked about Dennis Esiman and if he is still in anyway involved in the case.
Esiman died in a parking garage in Philadelphia April 23, 1991 from a gunshot wound to the chest. It was ruled a suicide.
Prior to his suicide, the government issued an Associated Press report stating that the Justice Department was going to indict Esiman along with several other named attorneys for money laundering and trafficking in narcotics.
An article in the Philadelphia Enquirer on April 26, 1991 reported that Esiman was allegedly involved with five others in disturbing 300 pounds of cocaine and five tons of marijuana between 1974 and 1989. In addition it was alleged that Esiman created a system to launder approximately $154,000 in profits from illegal drugs.
A confidential source of known reliability told me that prior to his death, Esiman was going to turn states evidence.
As much as it pains me to mention the name Ted Gunderson, he had no respect for Esiman and said "I have established in my mind that he was lacking in character, and had no principles." That, to me, is the pot calling the kettle black.
Apparently, Gunderson also thought Esiman was a deadbeat. He reported that in March 1986, he was contacted by Esiman to serve eleven subpoenas in two-days time in the Los Angels area. According to Gunderson, several bills were to sent to Esiman, which he never paid.
Gunderson has also made not-so-nice statements about some of Jeffrey MacDonald's attorneys.
The problem with Gunderson is he tries to tie everything in with Satanism. That is how he described John Markham. While I agree that there are those who are involved in Satanism, you cannot just say every murder that occurs is because of the group/groups.
I did some research on John Markham, who at the time was an attorney with Silverglate Law Firm. His name has appeared on several motions filed by that firm on behalf of MacDonald.
Markham is a former U.S. attorney with the Department of Justice. He did have ties with the Process Church from 1974 to 1980.
Gunderson considers the Process Church to be responsible for many murders.
I did find records in the state of New York that on January 17, 1974, the Process Church of Final Judgment was formally incorporated in that state, and that the attorney for the church was John Markham. Additional legal documents were filed for the church on May 23, 1974, and again Markham was the attorney.
Another article in the Executive Intelligence's Review on June 2, 1989 raised the following question, "Was Markham just an outside counsel, or was he himself a member of Process Church? According to the Process Church's own literature, Markham appears to have been a 'lay member.'" The church magazine that mentions Markham was The Processean, January 1974 issue.
I do know for a fact that Gunderson arranged for F. Lee Bailey to handle an appeal at the time MacDonald hired Brian O'Neill. Gunderson had an intense dislike for O'Neill. According to Gunderson, MacDonald told him that Bailey had the reputation of being a drunk and he didn't want him. Records show Gunderson told MacDonald that Bailey was a brilliant attorney, who is loyal and dedicated to his clients, that he would never deal underhandedly with the opponents in a law suit; that he called a spade a spade and would never back down.
Gunderson was going to write a book about the case. I have read the rough draft. While I believe he is a taco short of a combination plate, there was some very good things in the draft. It is as if what he wrote and what he reported were written by two different people. He dealt only with the facts as reported by the government until he brought in Satanism. Without the Satanism, if the book had been written, it would have been far better than Fatal Justice.
To respond to the question, "What were the blood types of Colette, Kimberley and Kristen":
Colette was A+ (A positive)
Kimberley was AB+ (AB positive)
Kristen was O- (O negative)
I came across a book entitled Murder Along The Cape Fear by David T. Morgan. It is a very interesting read and there a part about Jeffrey MacDonald. Anyone interested can check it out and read the excerpt at
The Stevenson family and I would like to thank all of you who have offered your help and have taken the time to write to the Innocence Project with your thoughts. Together, we can accomplish many things by making sure the truth is known. Most of all we can make sure that Colette, Kimberley and Kristen are never forgotten. Let us continue to keep the firing burning under MacDonald's sorry ass.
My special thanks to Margaret for her help.
Until next time