APRIL 20, 2011
We have waited a long time for the Fourth Circuit Court of Appeals to file their decision. Yesterday that decision came. While it was not what we all hoped for, it could have been worse, they could have granted his motion for a new trial.
What happens next is the mandate will issue in 7 days. That puts the case back before the district court. In the meantime the Department of Justice has 14 days to decide whether it will seek a rehearing en banc before the fall Fourth Circuit Court of Appeals. That decision is up to the Solicitor General of the United States, so basically memos have to be written setting forth the pros and cons. Sometimes the Solicitor General hasn't had time to reach a decision within 14 days and an extension is sought. Assuming no petition for rehearing to the Fourth Circuit Court of Appeals or Cert. to the Supreme Court, the next thing will be some sort of order from Judge Fox setting status hearing or filing schedule.
It is just one more step in the fight to maintain justice for Colette, Kimberley and Kristen.
On another note, I find it truly sad that MacDonald's website in their gloating way of their so-called victory listed the decision as coming down on Kimberley's birthday and saying "Her shining spirit, as well as Colette and Kim's (I am assuming they meant to say Kris) must have intervened for such a ‘coincidence' to occur."
Kimberley was born April 18, 1964 not April 19.
Once again, Bob Stevenson and I thank you all for your continued support. We will continue to update on this website as information becomes available.