Happy New Year
This past year has been an eventful one. First, I would like to report that the scholarship fund is going strong. We were contacted by the graduating class of 1961 which was Colette's class. They are giving a scholarship in 2012 and 2013. Two of Colette's close personal friends, Mr. Robert DeRosa and Mrs. June Reich will be at the ceremony to present the scholarship in honor of Colette, Kimberley and Kristen.
Anyone wishing to donate to the scholarship fund, please send your tax-free donation to-
Patchogue-Medford High School
The Colette, Kimberley and Kristen MacDonald Scholarship Fund
181 Buffalo Avenue
Medford, New York 11763
Bob Stevenson and I would like to thank everyone who has donated to the scholarship in the past and who continue to give to keep the memory Of Colette, Kimberley and Kristen alive.
December 21th marked the 23rd anniversary of the bombing of Pan Am Flight 103. On the anniversary, the families of the bombing victims honored Brian Murtagh with a special award for his twenty-two plus years on the case.
By some quirk of fate, December 21th was forty years to the day that CID agent Pete Kearns walked into Brian's door at the CID Command. From that, two men joined forces with the help of many other agents and Fred Kassab to fight for justice for Colette, Kimberley and Kristen.
I remember something I read a long time ago about attorneys, “Good attorneys win cases. Great attorneys win justice for the victims.” Brian Murtagh, Jim Blackburn, John DuPue, John Bruce, the gentle giant, Victor Woerheide, and the many other government attorneys have spent a good part of their lives and careers being the true advocates for Colette, Kimberley and Kristen.
Over the years MacDonald has had some of the best attorneys trying their hand to get a triple convicted murderer freed. Slowly they have all jumped ship. Still up to his old tricks of trying to maneuver the system, he thought he could pick the public defender he wanted, and furthermore get it free.
I am offended that MacDonald's public defender, already at a disadvantage, filed a motion to the court to be provided a copy of the 1979 trial transcripts at the government's expense. MacDonald's wife claimed to have every record, every motion, and every piece of paper to do with her husband's case on national television. What's the matter Kathryn, too lazy to look for it? I remember at the 1979 trial Bernie Segal tried to place MacDonald in a pauper status to get the transcripts free.
MacDonald filed a motion to seal his financial affidavit. Reason given, “contains matters bearing on the financial and personal situation of defendant's family.” While the court allowed the affidavit to be sealed, that does not mean that it is not in the public domain.
Well now, lets just touch on the above for a moment. Just who is the defendant's family? His sister Judy is deceased, his parents are deceased. His first wife and children were murdered by him. That leaves his now wife Kathryn and his brother Jay. His mother's trust left money for all the children. When Jay sold his co-opt, he deposited that money in that trust and an additional amount later on. He thought it would be safe there along with his portion of his mother's estate which was $132,000.00 dollars.
The Dorothy MacDonald Trust was dissolved and Dr. Shea relinquished his position and thus the MacDonald Family Revocable Discretionary Trust was established in Maryland with Jeffrey R. MacDonald and Kathryn A. MacDonald as trustees. Now while the law does not require a trustee to be a legal or financial expert, it does require the highest degree of honesty, impartiality, and diligence. The trustee/trustees have a duty to act with scrupulous good faith and honesty on behalf of someone else. In my opinion, MacDonald has not and will not ever be able to do that. It is my opinion that Kathryn has joined in with her husband and they are both thieves taking what does not belong to them.
If they were concerned with Jay's welfare, why not setup a Jay MacDonald trust allowing Jay to receive a monthly check? After all, it is his money, why the need to sit on it? Are they biding their time waiting for nature to take its course so they can have it all? Furthermore, it should be Jay's decision who the beneficiary/beneficiaries of that trust should be if anything happens to him. Instead they made Kathryn's sister Jennifer the beneficiary if something should happen to them? This makes the MacDonald money intended to go to Dorothy's children to benefit someone she didn't even know. Judy had two children, Doug and Samantha who are grown with families of their own. Why not make one/both of them the beneficiary/beneficiaries? I think the answer to that lies with Judy and what she came to terms with prior to her death and the fact that she would no longer send checks to Kathryn on behalf of MacDonald.
MacDonald and his wife contend they are following his mother's wishes. I say bull shit. Give Jay his money. If he blows it, that is his business. However I doubt that would occur. He has more sense in his little finger than both MacDonald and his wife. He knows what bills need to be paid. Public records show many things, Kathryn can't be bothered paying the taxes for two years. Why? Hey Kathryn, who ended up paying those taxes? I know and so do you. How come the home owners association has not been paid in months? And why did the insurance policy lapse at one time? I wonder if Walter Childs is aware of the underhandedness of this whole situation? It just keeps getting deeper and deeper, doesn't it?
On October 10, 2011, the defense submitted a list of trial exhibits for additional DNA testing pursuant to the IPA that was filed. The list consisted of 84 items. Now the kicker here is, none of the exhibits were identified by trial exhibit numbers. No other way to say it, that is shoddy work. What kind of attorneys file half ass motions like that? Guess they want the government to do their work for them.
According to the defense, the 5th, 6th, 8th and 14th Amendments of the U.S. Constitution require that MacDonald's 1997 request for DNA testing be given the benefit of the procedures established by the Innocence Protection Act, and that his 1997 request and the subsequent DNA test results constitute evidence that supports a motion for a new trial under 18 U.S.C. § 3600 (g). What nincompoop came up with that bright idea? They are basing a motion from 1997 that was granted, and expecting to receive the benefit from the Innocence Protection Act that was not in effect until 2004, some seven years later.
I say if MacDonald wants a new trial, and by some slim chance in hell it was granted, if he was found guilty, he should face the death penalty. The death penalty was reestablished in 1976 in North Carolina after the William Henry Furman case. (Furman v Georgia) The first execution after Furman was in 1984, with the sole method of execution being lethal injection since October 29, 1998.
It is no big surprise that the defense filed a motion for an extension of time. Newly appointed lead counsel, Sue Berry “has no previous knowledge of the case and requires additional time to review the extensive history of the case in order to sufficiently reply to the government's lengthy responses.” The new filing deadline is February 17, 2012. My sympathies to her as she has the client from hell. The government filed masterful responses, I think "scorched earth" is one way to describe what the government left the defense to work with.
Regarding Mrs. Betty Garcia
I wish to thank the daughter of Mrs. Betty Garcia who contacted me and provided me with information about Cathy Perry. Below is some of the information she provided to me.
“Christina, since I contacted you I've been reacquainting myself with the case and was stunned to see my mother's small role being dissected on forums! People really believe what she turned over was the "smoking gun" that would have proved it was a Hippie Killer Cult that killed MacDonald's family. I was surprised to read that Fred Bost lived in Fayetteville and I'm fairly certain he never tried to contact my mother because she never mentioned him like she did the others.
“I will tell you why I'm asking about the picture of Cathy Perry and her friends at White Lake. Please remember I do not have the dates of when these events took place, but I remember my mother saying she believed Jeffrey MacDonald based his drawings of the intruders on the picture of Cathy and her friends that she turned over. It was an eery black and white, almost Gothic-looking picture of five or six people posing for a picture on a pier at White Lake, Elizabethtown, NC. It looked like it was wintertime because they were wearing coats. I only remember one face in particular because it was a man in a black coat that was rather creepy looking.
“I do remember my mother saying she didn't believe that Cathy killed her dog and she thought Wolverton had put it in her head. She said he liked to play mind games on Cathy. She was a pretty good judge of character and that's why she regretted ever listening to him. My brother brought Cathy over to my mom's because she was sick and had no where to go. Cathy was meek, passive and pitiful and my mother felt very sorry for her and tried to take care of her.
“My mother was very remorseful about bringing Cathy Perry's name into this case. She told me that Wolverton kept trying to convince her that there was something to it and she turned the items over against her better judgment. At that time the MacDonald murders was so sensationalized in our community that even school kids would tell the latest MacDonald news for show-and-tell, and everyone speculated on who did it, and looked at all hippies with suspicion. The community was consumed with these murders. So, at Wolverton's insistence, she turned over Cathy's boots that had some rusty looking water stain on them, a pair of jeans, and a pocket calendar book that had the date of the murders circled and the picture at White Lake.
“The stain on the boots was determined not to be blood and returned. As far as I know, there was never anything that resembled blood on the jeans and the circled date in the datebook was either Cathy menstrual cycle or birth control because there were other dates in the previous months circled that showed it was something she was regularly keeping track of. I looked at all these items tons of times after they were returned and they were just ordinary items. My mom even wore the boots after they were returned and it was obvious the stain wasn't blood or even really looked like dirt. I remember it looking like a coffee stain. I remember the jeans had patches of velvet material sewn on them, which I thought was pretty at the time and I would put them on, even though they were big on me, but there was nothing that resembled blood on them.
“Other than the 1984 affidavit I read on your site, my mother declined to talk to the various people that would contact her over the years on behalf of Jeffrey MacDonald. One was making a documentary on his innocence, another offered to fly her out to LA for an affidavit and I remember the editor of Soldier of Fortune contacting her sometime in the late 1990's. Whether the authors of Fatal Justice contacted her or not about their book, that I don't know, but she could have cleared up some of information they had about Cathy Perry and the events. I do not remember ever hearing anything about Cathy Perry trying to stab my brother, if it did happen, it must have been such a non serious attempt that it wasn't worth mentioning. My mom and brother were very compassionate and concerned about her.”
On another note, Bob Stevenson and I were contacted from a College Business Law teacher at a High School in New York. Her classes have been studying the MacDonald case and the teacher introduced the classes to my website. We are honored that she would like us to speak to her classes, and answer any questions pertaining to the case.
Finally, I am including a link that many will find amusing. These are Kathryn MacDonald's words. I think she considers herself a genius. Click here on Kathryn, read it carefully and I am sure you will get a chuckle out of it.