Home

 Contact

Scholarship Fund

Resource Page

Chronology

Claims vs. Facts

Christina's Corner

New Uploads

Various Documents

CID Records

FBI Records

April 6, 1970 Interview

Article 32 Hearing

July 23-24, 1970: John Cummings' exclusive interview with MacDonald

Psychiatric/
Psychological Data

Polygraphs

Affidavits

Grand Jury Transcripts

1979 Trial

MD License Revoked

1987:
MacDonald v. McGinniss

Mildred Kassab sues MacDonald

Court Records

Parole Hearing

DNA Testing Results

Kassab's Work

Bob Stevenson
Answers Questions

 Photograph Pages

COURT RECORDS: 2006 through Current
 

2006

Note: There are a lot of attachments in this section. When possible, I have linked directly to each attachment. When that is not possible, I have listed in black what you will find in the attachment

• March 9, 2006: Government Notice of Substitution of Counsel
   
• March 10, 2006: Letter to Judge Fox from Kimberly Murga re: DNA Laboratory Examination Report
   
• March 10, 2006: AFIP Letter to Judge Fox re: Completion of DNA Testing
   
• March 13, 2006: Defense's letter to Court re: Donald Buffkin's affidavit
   
• March 13, 2006: Donald Buffkin's affidavit (attached to defense's ltr to Court)
   
• March 15, 2006: Response of the United States to Defense Contentions on Hairs to be Subjected to DNA Testing Contained in the Affidavit of Philip G. Cormier, no. 2
   
• March 22, 2006: Petitioner's Motion to Add an Additional Predicate to His Previously Filed Motion Under 28 U.S.C. Section 2255 to Vacate His Conviction - Namely Newly Discovered DNA Evidence Proving the Presence of Unsourced Hairs at the Crime Scene, Including One Such Hair Found With Blood Residue in a Critical Location Under the Fingernail of Kristen MacDonald and One Two-Inch Hair With Root and Follicle Intact Found Under the Body of Colette MacDonald
   
• March 22, 2006: Memorandum of Evidence and Points and Authorities in Support of Petitioner's Motion to Add an Additional Predicate to His Previously Filed Motion Under 28 U.S.C. Section 2255 to Vacate His Conviction - Namely Newly Discovered DNA Evidence Proving the Presence of Unsourced Hairs at the Crime Scene, with attachment
   
• Attachment 1 Includes the following:
   
• Tab 1: Armed Forces Institute of Pathology DNA Report
   
• Tab 2: U.S. Army CID Preliminary Laboratory Report
   
• Tab 3: U.S. Army Chart of Exhibit Findings with Chemical Analysis
   
• Attachment 2: Tab 4, U.S. Army CID Consolidated Laboratory Report
   
• Attachment 3 Includes the following:
   
• Tab 5: Armed Forces Institute of Pathology Laboratory Notes
   
• Tab 6: Transcript of Trial, U.S. v. MacDonald, Testimoney of Dr. Hancock
   
• Tab 7: Handwritten Notes of CID Lab. Tech. Dillard Browning
   
• March 23, 2006: Government Motion for Leave to File Conventionally
   
• March 23, 2006: Petitioner's Motion Pursuant to Rule 7 of the Federal Rules Governing Section 2255 Proceedings, to Expand the Record to Include the Itemized Authenticated Evidence Set Forth Herein
   
• March 23, 2006: Memorandum in Support of Petitioner's Motion Pursuant to Rule 7 of the Federal Rules Governing Section 2255 Proceedings, to Expand the Record to Include the Itemized Authenticated Evidence Set Forth Herein
   
• March 23, 2006: Petitioner's Statement of Itemized Material Evidence - With Citations to the Record or to Authenticated Proofs - In Support of His Motion Under 28 U.S.C. Section 2255 to Vacate His Sentence with attachment
   
• Appendix Two, Part 1: Includes the following
   
• Affidavit of Ted Gunderson
   
• Affidavit of Richard Comisky
   
• Affidavit of Lynne Markstein
   
• Affidavit of Ernest Davis
   
• Affidavit of Prince E. Beasley
   
• Affidavit of Joan Green Sonderson
   
• Declaration of Jimmy Friar
   
• Declaration of Randy Phillips
   
• Declaration of Ann Sutton Cannady
   
• Declaration of Norma Lane
   
• Affidavit of Janice Glisson
   
• Affidavit of Ellen Dannelly with exhibits
   
• Video: False Witness
   
• 1979 Trial Excerpts, U.S. v. MacDonald
   
• Appendix Two, Part 2: Continuation of 1979 Excerpts U.S. v. MacDonald
   
• Appendix Three, Part 1: Affidavit #1 of Philip Cormier re: Saran Fiber with exhibits
   
• Appendix Three, Part 2: Continuation of Affidavit 1 of Philip Cormier with exhibits
   
• Appendix Three, Part 3: Continuation of Affidavit 1 of Philip Cormier with exhibits
   
• March 29, 2006: Order Denying Government Motion to File Conventionally
   
• March 30, 2006: Motion of the United States to Strike Exhibits Submitted in Connection with Petition for Relief Under 28 U.S.C. § 2255, and for Additional Relief
   
• March 30, 2006: Response of the United States to Successive Motion for Relief Under 28 U.S.C. § 2255
   
• March 30 2006: Notice of Filing
  
  Appendix Volume I Tabs 1 through 4 Includes the following:
   
• 1976 USCA 4 Decision ordering indictment dismissed on Sixth Amendment Speedy Trial Ground...Tab 1
   
• 1978 U.S. Supreme Court Decision finding no Sixth Amendment Violation and Reversing USCA 4...Tab 2
   
• 1978 USCA 4 Decision rejecting double jeopardy claim based on Article 32 UCMJ Investigation......Tab 3
   
• 1979 USDC Order denying bail pending appeal.....Tab 4
   
• Appendix I: Tabs 5 through 7 Includes the following:
   
• 1980 USCA 4 Decision reversing conviction on Sixth Amendment speedy trial grounds....................Tab 5
   
• 1982 Supreme Court Decision Reversing USCA 4's Dismissal on Sixth Amendment Speedy Trial Issue...........Tab 6
   
• 1982 USCA 4 Decision Following Remand from Supreme Court Affirming Conviction and Rejecting Claims of Error in the Conduct of the Trial ........Tab 7
   
• Appendix I Tabs 8 and 9 Includes the following:
   
• 1983 Order of the District Court Denying Motion for Crime Scene Inspection and Releasing Impounded Quarters to the Army...........Tab 8
   
• 1984 Order of USCA 4 Dismissing Appeal of District Court's Order Releasing Impounded Quarters............Tab 9
   
• Appendix I Tab 10: 1985 Decision of the District Court Denying Motions to Vacate Conviction, and for New Trial Based Upon Claims of Suppression of Evidence and Newly Discovered Evidence ("The First Habeas Petition")
   
• Appendix I Tabs 11-14 Includes the following:
   
• 1985 Decision of USCA 4 Affirming Dismissal of First Habeas Petition.............Tab 11
   
• 1991 Decision of the District Court Dismissing Second Habeas Petition..............Tab 12
   
• 1992 Decision of USCA 4 Affirming District Court's Denial of Second Habeas Petition as an Abuse of the Writ........Tab 13
   
• 1997 Decision of the District Court Denying Motion to Reopen Second Habeas Proceedings Based upon Claim of Fraud on the Court and for Discovery, and Transferring to the USCA 4 as a Successive Petition Claim that Newly Discovered Evidence Entitles Him to a New Trial....Tab 14
   
• Appendix I Tabs 15 through 20 Includes the following:
   
• 1997 Order of USCA 4 Granting Motion with Respect to DNA Testing, Remanding the Issue to the District Court, and Denying in All Other Respects the Motion to File a Successive Habeas Application............Tab 15
   
• 1998 Unpublished per curiam Opinion of USCA 4 Affirming District Court's Denial of Defendant's Claim of Fraud on the Court......Tab 16
   
• 1999 Order of the District Court Denying Motion to Compel........Tab 17
   
• 1999 Order of the District Court Setting Conditions for DNA Testing by an Independent Laboratory to be Designated by the Court..........Tab 18
   
• 1999 Order of the District Court Directing the Government to Employ the Armed Forces Institute of Pathology (AFIP) as the Independent Laboratory to Perform the DNA Testing...........Tab 19
   
• 1999 Order of the District Court Amending Order of March 26, 1999............Tab 20
   
• March 30, 2006: Government Notice of Filing Cover Page
   
• Tab 1 Part 1 Docket Sheet: U.S. v. Jeffrey R. MacDonald
   
• Tab 1 Part 2 Docket Sheet: U.S. v. Jeffrey R. MacDonald
   
• Tab 1 Part 3 Docket Sheet: U.S. v. Jeffrey R. MacDonald
   
• Tab 1 Part 4 Docket Sheet: U.S. v. Jeffrey R. MacDonald
   
• Tab 1 Part 5 Docket Sheet: U.S. v. Jeffrey R. MacDonald
   
• Appendix II Tabs 2-through 5 Includes the following:
   
• Transcript Excerpts: August 13, 1979, Trial Day, Trial Day Sixteen........Tab 2
   
• Trial Excerpts: August 15, 1979, Trial Day, Trial Day Nineteen...........Tab 3
   
• Excerpt from: Fatal Vision (Defense Interview of Helena Stoeckley)..........Tab 4
   
• Transcript: August 16, 1979, Trial Day Twenty................Tab 5
   
• March 30, 2006: Appendix III: Transcript: August 17, 1979, Trial Day Twenty-one
   
• March 30, 2006: Appendix III: Continuation of August 17, 1979, trial Day Twenty-one
   
• March 30, 2006: Appendix III: Continuation of August 17, 1979, trial Day Twenty-one
   
• March 30, 2006: Appendix III: Continuation of August 17, 1979, trial Day Twenty-one
   
• March 30, 2006: Appendix III: Continuation of August 17, 1979, trial Day Twenty-one
   
• March 30, 2006: Appendix III: Continuation of August 17, 1979, trial Day Twenty-one
   
• March 30, 2006: Appendix III: Continuation of August 17, 1979, trial Day Twenty-one
   
• March 30, 2006: Appendix IV: Transcript: August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix IV: Continuation Transcript:
  August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix IV: Continuation Transcript:
   August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix IV: Continuation Transcript: August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix IV: Continuation Transcript:
  August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix IV: Continuation Transcript: August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix IV: Continuation Transcript: August 20, 1979, Trial Day Twenty-two
   
• March 30, 2006: Appendix V: Transcript, Motion Hearing, June 26, 1991, EDNC
   
• March 30, 2006: Appendix V: Continuation of Transcript, Motion Hearing, June 26, 1991, EDNC
   
• March 30, 2006: Appendix V: Continuation of Transcript, Motion Hearing, June 26, 1991, EDNC
   
• Appendix V: Tabs 2 and 3, Part Includes the following:
   
• Excerpt, Jeffrey R. MacDonald's Reply Brief In Support of 28 U.S.C. Section 2255 Petition Filed May 14, 1991, and related correspondence
   
• Notice of Filing (DNA Testing) March 10, 2006
   
• Appendix V: Tabs 4 and 5, Part 1 Includes the following:
   
• Affidavit of Raymond Madden, Jr., #13
   
• Transcript, Testimony of William Posey, August 13, 1970 before Article 32 U.C.M.J. Hearing
   
• Appendix V: Tab 5, Part 2 and Tabs 6 through 9 Includes the following:
   
• Continuation: Transcript, Testimony of William Posey, August 13, 1970 before Article 32 U.C.M.J. Hearing........Tab 5
   
• Newspaper Clipping from Fayetteville Observer: "Ritualists Sought In Bragg Murders" with photograph taken through bedroom window, depicting rocking horse...........Tab 6
   
• Photograph from Front Page Detective, page 19, August 1970, depicting rocking horse Newspaper Clipping from Fayetteville Observer: "Ritualists Sought In Bragg Murders" with photograph taken through bedroom window, depicting rocking horse..........Tab 6
   
• Photograph from Front Page Detective, page 19, August 1970, depicting rocking horse............Tab 7
   
• MacDonald crime scene photo from CIDO11-00015 depicting rear springs of rocking horse.......Tab 8
   
• Memorandum In Support of Jeffrey R. MacDonald's Motion For An Order Authorizing The District Court for the E.D.N.C. To Consider A Successive Application For Relief Under 28 U.S.C. Section 2255, No. 97-713, filed in U.S.C.A.(4thCir.)..............Tab 9
   
• Appendix V: Tabs 10 through 15 Includes the following:
   
• Affidavit of Brendan J. Battle--#1............Tab 10
   
• Declaration of Bryant Lane, April 14, 1984............Tab 11
   
• Affidavit of Brendan J. Battle--#2................Tab 12
   
• Affidavit of John J. Murphy (#2) with attached Exhibit 8, Declaration of Bryant Lane, July 15, 1988.........Tab 13
   
• Affidavit of Bryant Lane, March 1, 2005............Tab 14
   
• Sworn Statement of Gregory H. Mitchell, May 25, 1971.............Tab 15
   
• March 30, 2006: Appendix VI Tab 1: Photographs of Model (GX1) Interior 544 Castle Drive, Fort Bragg, NC.....Tab 1
   
• Appendix VI: Tabs 2 through 6 Includes the following:
   
• Floor Plan (GX 652) Interior 544 Castle Drive, Fort Bragg, NC.........Tab 2
   
• Chart (GX 638), ABO Blood Factors.............Tab 3
   
• Summary Chart (GX 984) East (Master) Bedroom Colette MacDonald ABO Group............Tab 4
   
• Summary Chart (GX 985) East (Master) Bedroom Colette MacDonald ABO Group..........Tab 5
   
• Summary Chart (GX 978) Items found in pile of bedding on floor of master bedroom....Tab 6
   
• Appendix VI: Tabs 7 through 11 Includes the following:
   
• Summary Chart (GX 983) South Bedroom, Kimberly Macdonald ABO Blood Group AB......Tab 7
   
• Summary Chart (GX 982) North Bedroom, Kristen MacDonald ABO Type O............Tab 8
   
• Summary Chart ( GX980) Exit to Hall From Kristen's Room............Tab 9
   
• Summary Chart( (GX981) Outside Rear of Utility Room.............Tab 10
   
• Summary Chart (GX437) (Photos depicting location of splinters found in master bedroom from club (GX306) found outside rear door............Tab 11
   
• March 30, 2006: Appendix VI Tab 13: Photos (GX600, GX602, GX604, GX607, GX610, and GX612) depicting ice pick punctures holes in Jeffrey MacDonald's blue pajama top
   
• March 30, 2006: Appendix VI Tab 13: Photos (GX41,GX 787(copy) GX791, GX 794 (copy), 795(copy) and 796 (copy) depicting reconstruction of ice pick thrusts through defendant's pajama top found on Colette MacDonald matching 21 ice pick wounds to Colette's chest
   
• Appendix VI Tabs 14 and 15 Includes the following:
   
• Summary Chart (GX 825) depicting blood stains in Colette MacDonald A type blood on top sheet matching stains on right sleeve of defendant's blue pajama top...................Tab 14
   
• Chart (GX 617A) depicting inside view of torn left sleeve of blue pajama top found on Colette MacDonald....................Tab 15
   
• March 30, 2006: Vol VI Tab 16: Notebook GX 11.... (copy) Subject Matter of Statements
   
• April 6, 2006: Defense's Opposition to the Government's Motion to Strike Exhibits Submitted in Connection with the Petition for Relief Under 28 U.S. Section 225
   
• April 13, 2006: Response of the United States to Petitioner's Motion to Add an Additional Predicate to His Previously Filed Motion for Relief Under 28 U.S.C. § 2255
   
• April 13, 2006: Memorandum in Support of the United States to Petitioner's Motion to Add an Additional Predicate to His Previously filed Motion for Relief Under 28 U.S.C. with attachments
   
• Attachment: Cover page
   
• Attachment: Table of Contents
• Attachment: Tab 1: Defense Motion to Reopen 28 U.S.C. § 2255 Proceedings and Discovery
   
• Attachment Tab 2a: Memorandum of Law in Support of Defense Motion to Reopen 28 U.S.C. Proceeding and for Discovery
   
• Attachment Tab 2b: Memorandum of Law in Support of Defense Motion to Reopen 28 U.S.C. § 2255 Proceeding and for Discovery
   
• Attachment Tab 3: Affidavit of Philip Cormier No. 2 -- Request for Access to Evidence to Conduct Laboratory Examinations -- in Support of Defense Motion to Reopen 28 U.S.C. § 2255 Proceedings and for Discovery
   
• Attachment Tab 4a: Government's Motion to Dismiss 28 U.S.C. § 2255 Petition for Lack of Jurisdiction and Suggestion, in the Alternative to Transfer to the Court of Appeals
   
• Attachment Tab 4b: Government's Motion to Dismiss 28 U.S.C. § 2255 Petition for Lack of Jurisdiction and Suggestion, in the Alternative to Transfer to the Court of Appeals
   
• Attachment Tab 5: Jeffrey R. MacDonald's Reply to the Opposition of the United States to Defendant's Motion to "Reopen" 2255 Proceedings and for discovery, and Response to the Government's Motion to Dismiss 28 U.S.C. § 2255 Petition for Lack of Jurisdiction and Suggestion, in the Alternative to transfer to the Court of Appeals
   
• Attachment Tab 6: Silverglate's Letter and MacDonald's Motion for Order Authorizing District Court to Consider Second or Successive Application for Relief
   
• Attachment Tab 7: March 23, 1999: Motions Hearing Before the Honorable James C. Fox re: DNA testing with attachment
   
• April 17, 2006: Government's Notice of Filing Appendix, Volumes VIII and IX
   
• April 17, 2006: Cover Page for Appendix Volume VIII
   
• Appendix Vol VIII Tab 1, Part 1 Includes the following:
   
• Colloquy, p. 6
• Dorothy Averitt, Direct by Mr. O'neill p. 16
   
• Fred Bost, Direct by Mr. O'Neill p. 37
   
• Fred Bost, Cross by Mr. Murtagh p. 45
   
• Appendix Vol VIII Tab 1, Part 2 Includes the following:
   
• Continuation of Fred Bost, Cross by Mr. Murtagh p. 50
   
• Carlos Torres, Direct by Mr. O'neill p. 64
   
• Carlos Torres, Cross by Mr. Murtagh p. 70
   
• Ted Gunderson, Direct by Mr. O'neill p. 83
   
• Ted Gunderson, Cross by Mr. Murtagh p. 98
   
• Appendix Vol VIII Tab 1, Part 3, Continuation of Cross of Ted Gunderson
   
• Appendix Vol VIII Tab 1, Part 4, Continuation of Cross of Ted Gunderson by Mr. Murtagh
   
• Appendix Vol VIII Tab 2 Part 1, Prince Beasley, Cross by Mr. Murtagh
   
• Appendix Vol VIII Tab 2 Part 2 Includes the following:
   
• Continuation of Cross of Prince Beasley by Mr. Murtagh p. 51
   
• Colloquy p. 97
   
• Redirect of Prince Beasley by Mr. O'Neill p. 98
   
• Appendix Vol IX Cover Page
   
• Appendix Vol IX Part 1 Includes the following:
   
• Motion for Reconsideration of Recusal p. 7
   
• Motion to Set Aside Conviction p. 17
   
• Appendix Vol IX Part 2 Includes the following:
   
• Continuation of Motion to set Aside Conviction p. 61
   
• Motion for a New Trial p. 74
   
• Appendix Vol IX Part 3 Continuation of Motion for a New Trial
   
• Appendix Vol IX Part 4 Includes the following:
   
• Continuation of Motion for a New Trial p. 181
   
• Dr. Brussel's Motion p. 191
   
• Forfeiture Motion p. 225
   
• Appendix Vol X Cover Page
   
• Appendix Vol X, Tab 1: CID photo of area outside the utility room door
   
• Appendix Vol X Tab 2: CID photo of the club and wood grain comparison
   
• Appendix Vol X Tab 3: FBI photo of splinter, club and wood comparison
   
• Appendix Vol X Tab 4: Part 1:Photos of Q89 (CID)# E-205 Debris from piece of wood (Exhibits 68-86), Bag with slide mailer (inc. Q89) and Pillbox
   
• Appendix Vol X Tab 4: Part 2: Photo of slide mailer and pillbox and debris from the club
   
• Appendix Vol X Tab 5: Dillard Browning's lab notes re: hair and fibers
   
• Appendix Vol X Tab 6: FBI examination of exhibits report
   
• Appendix Vol X Tab 7: FBI lab report
   
• Appendix Vol X Tab 8: April 23, 1979 Motion of the Defendant to Compel Production of Tangible Objects
   
• Appendix Vol X Tab 9: Affidavits of James Frier and Shirley Green in Support of Response of the United States to Defendant's Petition for Post-Conviction Relief Pursuant to 28 U.S.C., Section 2255
   
• Appendix Vol X Tab 10: FBI lab notes
   
• Appendix Vol X Tab 11: August 17, 1979 photo of Helena Stoeckley with U.S. Marshal Jimmy Britt and Mrs. Jerry Holden
   
• April 17, 2006: Response of the United States to Petitioner's Motion to Expand the Record
   
• April 17, 2006: Memorandum in Support of Response of the United States to Petitioner's Motion to Expand the record
   
• May 8, 2006: Defendant's Reply to the Response of the Government to His Motion Under 28 U.S.C. § 2255 to Vacate His Sentence, with attachment
   
• Attachment 1 Includes the following:
   
• Exhibit 1: MacDonald's Medical Records
   
• Exhibit 2: Sworn Declaration of Jeffrey R. MacDonald
   
• Exhibit 3: Trial Transcript Excerpts
   
• Tab 1: Testimony of Robert B. Shaw, Trial Day Six Pages 2411-2412 and 2480-2481
   
• Tab 2: Testimony of Robert B. Shaw, Trial Day Six Pages 2480-2481
   
• Tab 3: Testimony of Michael Douglas Newman, Trial Day 7, Pages 2661-2662
   
• Tab 4: Testimony of (Dr.) Merrill Hersch Bronstein, Trial 8, Pages 2956-2957
   
• Tab 5: Testimony of Dr. Frank E. Gemma, Trial Day 8, Pages 3006-3015
   
• Tab 6: Testimony of Craig S. Chamberlain, Trial Day 11, Pages 3506-3515
   
• Tab 7: Testimony of Craig S. Chamberlain, Trial Day 11, Pages 3507-3508
   
• Attachment 2 Includes the following:
• Tab 8: Testimony of Terry Lee Laber, Trial Day 11, Pages 3586-3587
   
• Tab 9: Testimony of Janice S. Glisson, Trial Day 11 Pages 3645-36-46
   
• Tab 10: Testimony of Paul M. Stombaugh, Trial Day 15, Pages 4357-4409
   
• Tab 11: Testimony of Paul M. Stombaugh, Trial Day 15, Pages 4371-4381
   
• Tab 12: Testimony of John I Thornton, Trial Day 18, Pages 5150-5153
   
• Tab 13: Testimony of Jeffrey R. MacDonald, Trial Day 18, Pages 6808-6813
   
• Tab 14: Tab 13: Testimony of Jeffrey R. MacDonald, Trial Day 18, Page 6832

2007

• April 16, 2007: Defense's Motion to Supplement Statement of Itemized Evidence with attachment
   
• May 7, 2007: Government Response to Motion to Supplement Statement of Itemized Evidence with attachment
   
• September 6, 2007: Government's Notice of Filing of Supplemental Digital Photographic Images of Evidence and Supporting Documentation of these Digital Images
   
• November 13, 2007: Government's Response to Defense Request for Consideration of a Status Conference as to the Jimmy Britt with exhibits

2008

• November 4, 2008: Judge Fox's Orders (1) Government's Motion to Strike Exhibits is allowed (2) Defense Motion to add Predicate, Expand the Record with with Itemized Evidence, To Supplement Itemized evidence, and Motion for Leave to File successive § 2255 are all Denied
   
• November 24, 2008: Government's Motion for Publication & Modification of Order with attachments
   
• December 1, 2008: Defense's Opposition to Government Motion for Publication and Modification
   
• December 4, 2008: Memorandum of Law in Support of Defense's Application for Certificate of Appealability
   
• December 4, 2008: Defense Notice of Appeal
   
• December 29, 2008 Government's Motion for Leave to Exceed Page Limit in its Response to Application Certification of Appealability and Memorandum of Law
   
• December 29, 2008: Government's Response to Motion for Certificate of Appealability and Memorandum of Law

2009

• January 8, 2009: Defense Reply to Government's Response to Application for Certificate of Appealability
   
• January 9 Judge Fox's Orders re: (1) Government's Motion for Publication and Modification of November 4, 2008 order, (2) Defense's Motion for Certificate of Appealability, (3) Government's Motion for Leave to Exceed Page Limit
   
• February 12, 2009: Request for Leave of Court to Withdraw Appearance of Out-of-State Attorneys Timothy D. Junkin, ESQ., and John C. Moffett as Counsel for Petitioner Jeffrey MacDonald
   
• February 12, 2008: Judge Fox Grants Leave for Timothy Junkin and John Moffett to Withdraw as Counsel for the Petitioner Jeffrey MacDonald
   
• February 19, 2009: Appellant's Informal Opening Brief
   
• February 19, 2009: Defense Files a Corrected Version of Previous Motion Filed
   
• March 31, 2009: Motion of the Innocence Project, North Carolina Center on Actual Innocence and New England Innocence Project for Leave to File Brief as Amici Curiae
   
• March 31, 2009: Brief of Innocence Project, North Carolina Center on Actual Innocence and New England Project as Amici Curiae in Support of Defendant-Appellant and Reversal of the District Court Judgment
   
• March 31, 2009: Appearance of Counsel Form for Andrew Good on Behalf of New England Innocence Project
   
• April 2, 2009: Appellant's Response to Motion for Leave to File Brief as Amici Curiae
   
• April 7, 2009: Appellee's Response in Opposition to Motion for Leave to File Brief as Amici Curiae
   
• April 9, 2009: Order Granting Motion of the Innocence Project, North Carolina Center for Actual Innocence, and New England Innocence Project Leave to file Brief as Amici Curiae
   
• April 9, 2009: U.S. Court of Appeals for the Fourth Circuit Request Docket Correction
   
• April 10, 2009: Defense Appearance of Counsel form for Philip Cormier on Behalf of New England Innocence Project
   
• April 10, 2009: Disclosure of Corporate Affiliation and Other Interests re: New England Innocence Project
   
• April 13, 2009: Appearance of Counsel Form for Harvey Silverglate on Behalf of New England Innocence Project
   
• April 13, 2009: U.S. Court of Appeals for the Fourth Circuit Request Docket Correction
   
• April 13, 2009: Defense Files Corrected Brief from March 31, 2009 of the Innocence Project, North Carolina Center on Actual Innocence and New England Innocence Project as Amici Curiae in Support of Defendant-Appellant and Reversal of the District Court's Judgment
   
• April 13, 2009: Defense Appearance of Counsel for Harvey Silverglate on Behalf of New England Innocence Project
   
• April 21, 2009: Notice of Substitute Signatory James Coleman for Christine Mumma for Amici North Carolina Center on Actual Innocence
   
• June 9, 2009: U.S. Court of Appeals for the Fourth Circuit Order Granting Jeffrey MacDonald a Certificate of Appealability
   
• June 9, 2009: U.S. Court of Appeals for the Fourth Circuit Briefing Order - Civil
   
• June 16, 2009: U.S. Court of Appeals for the Fourth Circuit Docketing Forms Follow-up To The Innocence Project and the New England Innocence Project
   
• June 16, 2009: U.S Court of Appeals for the Fourth Circuit Docking Forms Follow-up Notice to Barry Charles Scheck
   
• June 16, 2009: New England Innocence Project's Disclosure of Corporate Affiliations and Other Interested Filed with the U.S. Court of Appeals for the Fourth Circuit Court's request of disclosure from the defense
   
• December 15, 2009: U.S. Court of Appeals for the Fourth Circuit Files Notice of Session Assignment

2010

• March 13, 2010: Motion by the United States to the U.S. Court of Appeals for the Fourth Circuit to Dismiss Appeal on the Grounds that the Certificate of Appealabilty was Granted Improvidently
   
• March 15, 2010: Notice from the U.S. Court of Appeals for the Fourth Circuit to Defense that Response is Requested
   
• March 17, 2010: Defense's Opposition Filed to the U.S. Court of Appeals for the Fourth Circuit to Government's Motion to Dismiss
   
• March 18, 2010: Corrected Reply by United States to Opposition to Motion to Appeal
   
• May 6, 2010: U.S. Court of Appeals for the Fourth Circuit Denies Government's Motion to Dismiss Appeal; and Amending Certificate of Appealability; directing the filing of supplemental brief(s)
   
• May 6, 2010 U.S. Court of Appeals Files Supplemental Briefing Order
   
• June 14, 2010: Motion Filed to the U.S. Court of Appeals for the Fourth Circuit for Leave to File Supplemental Appendix to Appellant's Supplemental Opening Brief
   
• June 15, 2010: U.S. Court of Appeals for the Fourth circuit Rule 46 Electronic Filing Notice
   
• June 15, 2010: U.S. Court of Appeals for the Fourth Circuit Grants New England Innocence Project; North Carolina Center on Actual Innocence Motion For Leave to File Supplemental Appendix
   
• June 15, 2010: U.S. Court of Appeals for the Fourth Circuit Appearance Form for George Somerville, National Association of Criminal Defense Lawyers
   
• June 15, 2010: Disclosure of Corporate Affiliations and Other Interests for National Association of Criminal Defense Lawyers as Amicus Curiae Filed to the U.S. Court of Appeals for the Fourth Circuit
   
• June 15, 2010: U.S. Court of Appeals for the Fourth Circuit Issues Notice to US Requesting Response to Motion for Leave to File Response due: 06/28/2010
   
• June 15, 2010: Supplemental Opening Brief of Appellant Filed to the U.S. Court of Appeals for the Fourth Circuit
   
• June 28, 2010: Appellee's Response to the U.S. Court of Appeals for the Fourth Circuit in Opposition to Motion for Leave to File Supplemental Brief as Amicus Curiae
   
• July 15, 2010: Unopposed Motion of the United States to the U.S. Court of Appeals for the Fourth Circuit for Leave to File Government's Supplemental Appendix
   
• July 15, 2010: NOTICE OF PAPER FILING filed by Appellee to the U.S. Court of Appeals for the Fourth Circuit
   
• July 15, 2010: Government's Supplemental Response Filed to the U.S. Court of Appeals for the Fourth Circuit
   
• August 2, 2010: Supplemental Brief filed by Appellant to the U.S. Court of Appeals for the Fourth Circuit

2011

• April 19, 2011 COA: PUBLISHED AUTHORED OPINION
   
• April 19, 2011 COA: JUDGMENT ORDER filed
   
• June 13, 2011: MANDATE of US Court of Appeals (certified copy) as to Jeffrey MacDonald re: 165 Opinion from USC
   
• June 23, 2011: Judge Fox's Order re: Scheduling for Hearing for a Status Conference
   
• July 15, 2011: Defense Motion to Continue the July 28, 2011 Status Conference for 30-60 days
   
• July 18, 2011: Government's Response to Movant's Motion to Continue Status Conference
   
• July 19, 2011: Judge Fox Grants Defense Motion to Continue Status Conference
   
• July 19, 2011, Judge Fox's Order re: Status Conference Place, Time and Date
   
• September 16, 2011: Defense Notice of Appearance of Hill Allen as Counsel of Record for Jeffrey MacDonald
   
• September 19, 2011: Government's Memorandum for Status Conference
   
• September 20, 2011: Defense Request for Evidentiary Hearing with attachment
   
• Exhibit: August 23, 2010: Letter from Lee Tart to Hart Miles
   
• September 20, 2011: Defense's Motion Pursuant to the Innocent Protection Act of 2004, 18 U.S.C. § 3600, for New Trial Based on DNA Testing Results and other Relief
   
• September 20, 2011: Defense Notice of Appearance of Christine Mumma as Counsel of Record for Jeffrey MacDonald
   
• September 21, 2011: Judge Fox's Notice to the Government re: Jeffrey MacDonald's Motion for Hearing and New Trial, and Directing Government to Respond
   
• September 21, 2011: Judge Fox's Orders (1) Defense to File List of Trial Exhibits for DNA Testing, (2) Government to Respond to Defense Motion for a New Trial (3) Schedule and Notice of Evidentiary hearing re: the Britt Claim
   
• September 21, 2011: Notice of Scheduled Evidentiary Hearing on the Britt § 2255 Claim Hearing
   
• September 21, 2011: Status Conference Transcripts
   
• September 30, 2011: Defense's Motion to Continue Evidentiary Hearing
   
• September 30, 2011: Hart Miles Request Leave to Withdraw as Counsel of Record for Jeffrey MacDonald
   
• October 3, 2011: Judge Fox Grants Leave for Hart Miles to Withdraw as Counsel of Record for Jeffrey MacDonald
   
• October 3, 2011: Government's Response to Defense Motion to Continue Evidentiary Hearing
   
• October 6, 2011: Notice of Continuation of Evidentiary Hearing
   
• October 6, 2011: Judge Fox's Order re: New Hearing Date
   
• October 10, 2011: Jeffrey MacDonald Files List of Trial Exhibits for Additional DNA Testing Pursuant to the  IPA with attachments
   
• October 12, 2011: Government Writ to Produce Federal Prisoner Jeffrey MacDonald at Evidentiary Hearing
   
• October 18, 2011: Jeffrey MacDonald's Motion for Appointment of Counsel
   
• October 18, 2011: Hill Allen and Wade Smith Request Leave to Withdraw as Counsels of Record for Jeffrey MacDonald
   
• October 24, 2011: Request of Joseph E. Zeszotarski, Jr. for Leave to Withdraw from the case
   
• October 24, 2011: Government's Response to Movant's Motion for Appointment of counsel with attachment
   
• Exhibit 1: October 24, 2011: Defense Fund page from Jeffrey MacDonald's Website
   
• Exhibit 2: October 29, 2011: GuideStar Report re: Jeffrey MacDonald's Defense Fund
   
• Exhibit 3: October 24, 2011: Defense Counsel page from Jeffrey MacDonald's Website
   
• Exhibit 4: October 19, 2011: April 11, 2011 Update Letter page from Jeffrey MacDonald's website
   
• Exhibit 5: March 31, 2009: Cover page for Brief of Innocence Project filed by Phil Cormier, Andrew Good, Christine Mumma and Barry Scheck
   
• Exhibit 6: September 21-29, 2005: E-mail exchange between James Blackburn and Wade Smith
   
• Exhibit 7: August 17, 2011: E-mail from Wade Smith to James Blackburn with forwarding of e-mail to Hart Miles
   
• October 25, 2011: Judge Fox Grants Leave for Joseph E. Zeszotarski, Jr. to withdraw from Jeffrey MacDonald's Case
   
• November 1, 2011: Defense's Motion to Seal Jeffrey MacDonald Financial Affidavit
   
• November 1, 2011: Defense Reply in Support of Motion for Appointment of Counsel with attachments
   
• Exhibit 1: Information only, document not available. Jeffrey MacDonald's Financial Affidavit filed as a sealed document
   
• Exhibit 2: November 1, 2011 Affidavit of Raymond Shea re: Jeffrey MacDonald's Defense Fund
   
• Exhibit 3: United States v. Maxwell, 184 Fed. Appx. 708.2006 WL 1587507 (10th Cir., decided June 12, 2006
   
• Exhibit 4: November 1, 2001: E-mail from U.S. Attorney John Bruce to Libby Jordon re: Jeffrey MacDonald's Evidentiary Hearing
   
• November 4, 2011: Judge Fox Grants Defense Motion to Seal Jeffrey MacDonald's Financial Affidavit
   
• November 8, 2011: Judge Fox's Order re: (1) New Hearing Date (2) Hill Allen and Wade Smith Request for Leave to Withdraw as Counsels (3) Jeffrey MacDonald's Motion for Appointment of Counsel
   
• November 9, 2011: Government's Motion for Extension of Time to File a Response to Pending Motions
   
• November 10, 2011: Defense Notice of Filing Affidavits of (1) Jeffrey MacDonald (2) Raymond Shea with exhibits
   
• Exhibit 1: November 9, 2011 Affidavit of Jeffrey MacDonald re: Counsels of Record
   
• Exhibit 2: November 10, 2011 Affidavit of Raymond re: Jeffrey MacDonald's Defense Fund
   
• November 10, 2011: Judge Fox Grants Government's Motion for Extension of time to File a Reply to Pending Motions
   
• November 14, 2011: Judge Fox's Order Directing Hill Allen to Assist with Obtaining and Filing of Affidavits
   
• November 18, 2011: Defense Notice of Filing Affidavits of (1) Jeffrey MacDonald (2) Kathryn MacDonald (3) Raymond Shea
   
• Exhibit 1: November 16, 2011: Affidavit of Jeffrey MacDonald re: Attorneys of Record
   
• Exhibit 2: November 17, 2011: Affidavit of Kathryn MacDonald Stating that Hill Allen and Christine Mumma are the Current Counsels of Record for Jeffrey MacDonald
   
• Exhibit 3: November 17, 2011: Affidavit of Raymond M. Shea re: Jeffrey MacDonald's Defense Fund
   
• November 30, 2011: Notice of Appearance of Court-Appointed Attorney, Sue Berry as Counsel of Record for Jeffrey MacDonald
   
• December 6, 2011: Defense Motion for Copy of 1979 Trial Transcript at Government Expense
   
• December 7, 2011: Judge Fox's Order Granting Defense's Motion for Copy of 1979 Trial Transcripts at Government Expense
   
• December 12, 2011: Government's Motion for Leave to File Oversized Responses
   
• December 12, 2011: Judge Fox Grants Government Motion for Leave to File Oversized Responses
   
• December 12, 2011: Government's Response to Defense Motion for a New Trial pursuant to 18 U. S. C. § 3600 with attachments
   
• Attachment 1: Excerpts from Congressional Record - Senate
   
• Attachment 2: January 14, 2005: Letter from Brian Murtagh to Timothy Junkin confirming agreement on issues necessary to the Completion of ongoing DNA testing
   
• Attachment: 3: October 9, 2009: Craig S. Chamberlain's Affidavit with exhibits
   
• Exhibit 1: Index of exhibits
   
• Exhibit 2: DA 19-32 Military Police Receipt for Property. 2 pages. Marked at bottom "13 vials -- 5 out"
   
• Exhibit 3: USACIL Inventory of evidence to be examined, Marked at top "P-C-FP-82-70 26 Feb 70 CSC"
   
• Exhibit 4: Single page serology test results for exhibit D-233
   
• Exhibit 5: Single page serology test results for exhibit D-234
   
• Exhibit 6: Single page serology test results for exhibit D-235
   
• Exhibit 7: Single page serology test results for exhibit D-236
   
• Exhibit 8: Single page serology test results for exhibit D-237
   
• Exhibit 9: Single page serology test results for exhibit D-238
   
• Exhibit 10: Page from color coded USACIL chart reflecting results of serology tests of "D" designated items D-231(4) through D-13K
   
• Attachment 5: November 20, 2009: Dillard O. Browning's Affidavit with exhibits
   
• Exhibit 1: March 16, 1970: Photo of plastic bag containing vial with fibers and debris from area of trunk and legs of rug under the body of Colette MacDonald
   
• Exhibit 2: March 20, 1970: Bench notes of Dillard Browning containing reference to Exhibit E-3032
   
• Exhibit 3: March 9, 1970: Bench notes of Dillard Browning containing reference to Exhibit D-237 fingernail scraping from left hand of Kristen MacDonald
   
• Exhibit 4: October 23, 1974: Grand Jury testimony of Dillard Browning
   
• Attachment 6: September 8, 2007: Grant D. Graham, SR. Affidavit with exhibits
   
• Exhibit 1: November 24, 1999: Photographic log of Grant Graham
   
• Exhibit 2: November 26, 1999 through August 24, 2000: Bench notes of Grant Graham
   
• Exhibit 3: AFME Forensic Trace Materials Analysis Laboratory Examination Report
   
• Attachment 7: November 12, 2009: Janice S. Glisson's Affidavit with exhibits
   
• Exhibit #1 USACIL Serology Bench Note marked "9 March 70 JSG"(Same as Chamberlain Exhibit #10)
   
• Exhibit #2 USACIL Bench Notes pertaining Report R-11, marked "27 July 70 JSG"
   
• Exhibit #3 Photo #311 from Government's Photographic Submissions ("GPS"), depicting top of vial marked "37 JSG"
   
• Exhibit #4 Photo #312, GPS, depicting bottom of vial (#7) marked "BJH 17 Feb 70"
   
• Exhibit #5 USACIL Bench Note marked "9 March 70, DOB, Hairs & Fibers"
   
• Exhibit #6 USACIL Inventory of Evidence to be Examined marked "P-C-FP-82-70 26 Feb 70 CSC". (Same as Chamberlain Exhibit #2)
   
• Exhibit #7 Photo #314, GPS, depicting ruled piece of paper removed from vial #7 bearing writing: "Fingernail scrapings left hand smaller female McDonald (sic)"
   
• Exhibit #8 Photo #288, GPS, depicting Styrofoam container with paper marked "Mother area around mouth-DOB and Q100 JCF"
   
• Exhibit #9 Photo #289, GPS, depicting open Styrofoam container with paper bearing hand written notation "hair originally..."
   
• Exhibit #10 USACIL Bench Note (Janice Glisson) pertaining to Report R-29
   
• Exhibit #11 USACIL Laboratory Report "R-29", 20 Sept 71
   
• Exhibit #12 USACIL Preliminary Laboratory Report Number F A-DP-C-FP-82-70, Fort Gordon, Georgia, dated "6 Apr 70" - 17 pages. (Same as Chamberlain Exhibit #11)
   
• Exhibit #13 USACIL Consolidated Laboratory Report No, FA-D-PC-82-70
   
• Exhibit #14 Undated USACIL Serology Results Summary Chart marked "Incl 5"
   
• Exhibit #15 Undated USACIL Summary Chart of Exhibits Given To Dillard O. Browning, marked "Incl 6"
   
• Exhibit #16 Photo #156, GPS, depicting glass microscope slide "from Vial No .7"
   
• Exhibit #17 USACIL Bench Note Serology Test "Summary - JSG"
   
• Attachment 8: November 18, 2011: Affidavit of Joseph A. DiZinno, (FBI, retired) re: DNA Testing of Hairs and the FBI Lab with exhibits
   
• Exhibit 1: February 4, 1991: Confirmation by Joe Dizinno of examination of pubic hair
   
• Exhibit 2: February 4, 1991: FBI report re: examination of hairs
   
• Exhibit 3: February 11, 1999: Notes of Joe DiZinno re: examination of hairs
   
• Attachment 9: February 23, 2010: Affidavit of Robert Fram with attachment
   
• Index of Exhibits to Affidavit of Robert Fram
   
• December 13, 2011: Government's Notice of Filing Amended Exhibit 12 of Janice Glisson with attachment
   
• Amended exhibit 12
   
• December 13, 2011: Government's Response to Motion for Additional DNA Testing with attachment
   
• Exhibit 1: Index of Exhibits
   
• Exhibit 2: MTC - Spreadsheet A - Hair
   
• Exhibit 3: MTC - Spreadsheet B - Blood
   
• Exhibit 4: MTC - Spreadsheet C - Known Exemplars
   
• Exhibit 5: Schedule A - MacDonald's Recommendations for DNA testing-miniSTR and/or YSTR
   
• Exhibit 6: Schedule B - Eligibility/Suitability Issues Involving MacDonald Recommendations
   
• Exhibit 7: Schedule C - Location of Biological Evidence Type B Blood From Jeffrey MacDonald Introduced at Trial
   
• Exhibit 8: AFDIL Contents of Vials Report
   
• Exhibit 9: USACIL Report on Exhibit 1-21
   
• Exhibit 10: Ninhydrin: Basic to Advanced
   
• Exhibit 11: AFIP DNA Cost
   
• Exhibit 12: AFDIL Suitability and Divisibility Assessment
   
• Exhibit 13: FBI YSTR Guidelines
   
• Exhibit 14: First Polish DNA Manhunt - an application of Y Chromosomes STR's
   
• Exhibit 15: FAQ About CODIS
   
• Exhibit 16: North Carolina Exoneration Cases
   
• December 13, 2011: Government's Response to Motion "Request for Hearing" with attachment
   
• Exhibit: September 2002: Correlation of Microscopic and Mitrochondrial DNA Hair Comparisons by Max M. Houck, M.A. and Bruce Budowle, Ph.D.

2012

• January 19, 2012: Status Conference with attorneys and Judge Fox held on October 18, 2011
   
• February 5, 2012: Sue Berry's Motion to Withdraw as Defense Counsel of Record for Jeffrey MacDonald
   
• February 6, 2012: Defense Motion for Leave to File Oversized Reply in Support of Additional DNA Testing
   
• February 6, 2012: Judge Fox Grants Defense Motion to File's Oversized Reply
   
• February 15, 2012: Government's Response to Movant's Motion to Substitute Counsel
   
• February 16, 2012: Defense Motion for Extension of Time to Reply to Government's Response to Motion Entitled Request for Hearing
   
• February 17, 2012: Defense Reply to Government's Response to Motion for a New Trial Pursuant to 18 U.S.C. § 3600
   
• February 17, 2012: Defense Reply in Support of Motion for Additional DNA Test Pursuant to 18 U.S.C. § 3600 with attachments
   
• Exhibit #1 Index of Exhibits to MacDonald's Reply in Support of Motion for Additional DNA Testing
   
• Exhibit #2: November 19, 2004: Congressional Record
   
• Exhibit #3: February 15, 2012: Innocence Project Case Profiles
   
• Exhibit #4: August 2, 2001: Justice Dep't Acts to Clear DNA Backlog, Miami Herald
   
• Exhibit #5: December 6, 2000: Congressional Record
   
• Exhibit #6: June 1996: Nat'l Inst. of Just., Dept. of Just., Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial
   
• Exhibit #7: January 24, 2004: Man Freed After 6 Years; Evidence was Flawed, Boston Herald
   
• Exhibit #8: May 26, 2006: Larry Peterson, Innocence Project
   
• Exhibit #9: 2011: Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong (Harvard 2011)
   
• Exhibit #10: December 15, 2000: Sidney Freedberg, DNA Clears Inmate Too Late, St. Petersburg Times
   
• Exhibit #11: February 3, 2012: Jeffrey MacDonald's Affidavit of Innocence
   
• Exhibit #12: August 8, 2008: What is Touch DNA?, Scientific American
   
• Exhibit #13: July 10, 2008: Karen Ague and John Ingold, DA Clears Ramsey Family: "Touch DNA" Test Cited as Significant, Powerful Evidence, Denver Post
   
• Exhibit #14: September 22, 2008: Matt Zapotosky, DNA Technology Moves Forward; Lifting Skin Cells Pivotal in Getting Match on '96 Rape Suspect, Wash. Post
   
• Exhibit #15: September 12, 2008: Michael Laris, Stringing Together the Clues of DNA: Fairfax Lab Solves World's Mysteries, Wash. Post
   
• Exhibit #16: October 11, 2009: Rick Casey, New Science Panel Chief Fights DNA, Houston Chronicle
   
• Exhibit #17: October 5, 2011: Chuck Lindell, Morton Freed From Life Term, Austin Am. Statesman
   
• Exhibit #18: October 4, 2011: Brandi Grissom, DNA Evidence Leads to Morton's Release After 25 Years, Texas Tribune
   
• Exhibit #19: November 16, 2011: Jim Bergamo, Michael Morton's Former Prosecutor Apologizes
   
• Exhibit #20: May 26, 1982: Copy of "University of Virginia Hospital Blood Bank Compatibility Label"
   
• Exhibit #21: February 16, 2012: Affidavit from Forensic Expert Meghan Clement
   
• Exhibit #22: February 15, 2012: DNA Technology Advancements, DNA Initiative
   
• Exhibit #23: March 9, 2007: Cody Davis Case Profile
   
• February 21, 2012: Judge Fox Grants Motion for Extension of to Reply to Government's Response
   
• February 22, 2012: Judge Fox's orders (1) Sue Berry is allowed to withdrawn as counsel of record for Jeffrey MacDonald (2) The Federal Public Defender is Directed to appoint substitute counsel pursuant to this district's CJA Plan
   
• February 27, 2012: Defense Files Notice of Waiver of Court-Appointed Attorney
   
• March 1, 2012: Judge Fox ordered (1) Jeffrey MacDonald to File Affidavit Declaring he Understands he is Entitle to Court-Appointed Attorney (2) Notice concerning Reimbursement of Attorney's Fees
   
• March 14, 2012: Defense Files Notice of New Attorney, Gordon Widenhouse
   
• March 14, 2012: Defense Filing with attachment
   
• Attachment: March 13, 2012: Affidavit of Jeffrey MacDonald re: Counsel
   
• March 16, 2012: Judge Fox's Order Directing Defense Counsel to File Affidavit of Raymond Shea re: Jeffrey MacDonald Defense Fund
   
• March 26, 2012: Judge Fox's Order Directing Clerk of Court to Deliver Copy of 1979 Trial Transcripts to Defense
   
• March 28, 2012: Defense Amended Certificate of Service re: Motion to Receive a Copy of the Trial Transcripts Prepared in Compliance with DE-210
   
• March 30, 2012: Defense Motion to Continue Evidentiary Hearing re: Britt Issue
   
• March 30, 2012: Government's Response to Movant's Motion to Continue Evidentiary Hearing
   
• April 2, 2012: Judge Fox's Order Granting Defense Motion to Continue Evidentiary Hearing
   
• April 3, 2012: Defense Files Unopposed Motion for Extension of Time to Reply
   
• April 4, 2012: Judge Fox Grants Defense Motion for Extension of Time to File Reply
   
• April 12, 2012: Government's Notice in Response to the Court's Order of April 12, 2012
   
• April 12, 2012: Government's Notice of Filing a Corrected Proposed Order
   
• April 13, 2012: Defense's Reply to Government's Response to Motion Entitled Request for Hearing
   
• April 17, 2012: Judge Fox Grants Leave for Government to File a Sur-reply
   
• April 18, 2012: Judge Fox's Orders re: (1) Britt Claim (2) Hearing re: Requests for New DNA Testing
   
• April 26, 2012: Government Files Notice of New Attorney, Leslie Cooley as Counsel of Record for the Government
   
• May 10, 2012: Government Files Sur-reply to Defense Motion for Additional DNA Testing Under 18 U.S.C. § 3600 with attachments
   
• Index of exhibits
   
• Exhibit 1: Pierre Taberlet ET. AL., Reliable Genotyping of Samples with Very Low DNA Quantities Using PCR, 24 Nucleic Acids Research (No. 16) 3189 (1996)
   
• Exhibit 2: Roland A. H. van Oorschot & Maxwell K. Jones, DNA Fingerprints from Fingerprints, 387 Nature 767 (June 19, 1997)
   
• Exhibit 3: I. Findlay ET. AL., DNA Fingerprinting from Single Cells, 389 Nature 555 (Oct. 9, 1997)
   
• Exhibit 4: Peter Gill, Application of Low Copy Number DNA Profiling, 42 Croat Med J.229 (2001)
   
• Exhibit 5: References on Y Chromosome, Y-STR References, Bibliography,
  http://www.cstl.nist.gov/div831/strbase/ystr_ref.htm
   
• Exhibit 6: Natasha Gilbert, Science in Court: DNA's Identity Crisis, Nature News, Mar. 17,2010
   
• Exhibit 7: J. M. Butler, Recent Developments in Y-Short Tandem Repeat and Y-Single Nucleotide Polymorphism Analysis, 15 Forensic Sci. J. 91 (2003)
   
• Exhibit 8: Timeline of Events Surrounding Development and Use of miniSTR Loci for Forensic DNA Typing,
   
• Exhibit 9: Bruce Budowle ET. AL., Validity of Low Copy Number Typing and Applications to Forensic Science, 50 Croat Med. J. 207 (2009)
   
• Exhibit 10: Bruce Budowle, Low Copy Number Typing Still Lacks Robustness and Reliability
   
• Exhibit 11: GX 30 - Photograph depicting MacDonald kitchen sink and dish drainer
   
• Exhibit 12: GX 31 - Photograph depicting MacDonald kitchen counter and coffee maker
   
• Exhibit 13: GX 32 - Photograph depicting MacDonald kitchen dish drainer and stove
   
• Exhibit 14: GX 33 - Photograph depicting blood drops on MacDonald kitchen floor
   
• Exhibit 15: Photograph depicting phone off the hook in MacDonald kitchen
   
• Exhibit 16: GX 76 - Photograph depicting MacDonald bathroom sink and blood drops
   
• Exhibit 17: GX 521 - Photograph depicting MacDonald hall linen closet door
   
• Exhibit 18: Photograph depicting Hilton bath mat on body of Colette MacDonald
   
• Exhibit 19: Photograph depicting Hilton bath mat
   
• Exhibit 20: Photograph depicting markings on Hilton bath mat made by knife and ice pick
   
• June 8, 2012: Judge Fox Orders re: (1)The § 2255 Unsourced Hairs Claim, (2) The IPA Motion
   
• June 21, 2012: Defense Files Unopposed Motion for Extension of Time to Designate Depositions
   
• June 29, 2012: Notice of Government's Position Regarding Depositions with attachments
   
• Exhibit 1: March 10, 2010: Decision of United States v. Hollis
   
• Exhibit 2: May 26, 2010: Decision re: Wright v. United States
   
• Exhibit 3: February 2007: Decision re: Richard v. Girdich
   
• Exhibit 4: March 24, 2011 Petrick v. Thomas
   
• Exhibit 5: June 29 2012: Affidavit of U.S. Attorney John Stuart Bruce re: Deposition
   
• July 5, 2012: Defense Motion to Extend Time to File to File Joint Proposed Schedule
   
• July 5, 2012: Government's Response to Movant's Motion to Extend Time to File Joint Proposed Schedule
   
• July 6, 2012: Judge Fox's Order Denying Defense's Motion for Extension to File Joint Proposed Schedule
   
• July 6, 2012: Government's Joint Proposed Schedule
   
• July 13, 2012: Defense's Motion to Continue Evidentiary Hearing with attachment
   
• Exhibit 1: March 24, 2011: North Carolina Senate Bill 416
   
• July 16, 2012: Government's Response to Defense's Motion to Continue Evidentiary Hearing
   
• July 16, 2012: Judge Fox Grants Defense Motion to Continue Evidentiary Hearing
   
• August 20, 2012: Government's Request to Produce Federal Prisoner Jeffrey MacDonald at Evidentiary Hearing, September 17, 2012
   
• September 4, 2012: Defense clarification of notice of appearance of Christina Mumma as Counsel of Record for Jeffrey MacDonald
   
• September 6, 2012: Judge Fox's Orders re: Parameters of Evidentiary Hearing
   
• September 7, 2012: Defense Files Notice of Appearance of Keith Williams, PA on Behalf of Jeffrey MacDonald
   
• September, 7, 2012: Defense's Unopposed Motion to Extent Joint Schedule Deadline
   
• September 12, 2012: Government's Motion to Seal Document # 286
   
• September 13, 2012: Judge Fox Denies Government's Motion to Seal Document # 286
   
• September 14, 2012: Government Files Motion to Withdraw Seal Document # 286
   
• September 14, 2012: Judge Fox Grants Government's Motion to Withdraw Motion to Seal Document #286
   
• September 15, 2012: Judge Fox Files Corrected Proposed Joint Pre-Hearing O Pursuant to L.R. 16.1(C) E.D.N.C. with attachments
   
• Index of exhibits
   
• Exhibit 1: Hearing Stipulation - U.S. v. MacDonald, September 17, 2012
   
• Exhibit 2: AFDIL Case No. 99C-0438 Continuation of DNA Form 4137, pages 2-31
   
• Exhibit 3: Suzanne M. Barritt, letter dated July 28, 1999
   
• Exhibit 4: Attachment to Barritt, list of vials for AFDIL Case No. 99c-0438
   
• Exhibit 5: Jacqueline S. Raskin letter, dated April 2, 2001
   
• Exhibit 6: Handwritten notes of Dr. Peter DeForest regarding 112A #1-9, 06-Aug-2001
   
• Exhibit 7: Robert Fram Report of Examination, dated November 1, 2001, re: Q96
   
• Exhibit 8: Hand written notes of Robert Fram re: examination of Q96
   
• Exhibit 9: Robert Fram Report of Examination, dated May 19, 1999
   
• September 17 - 25, 2012 Evidentiary Hearing Transcripts
   
• September 20, 2012: Information Only Affidavit of Jerry Leonard (submitted under seal) per Judge Fox
   
• September 24, 2012: Affidavit of Jerry W. Leonard unsealed and published
   
• September 27, 2012 Judge Fox's Order Memorializing Orders Entered at the Conclusion of Evidentiary Hearing, September 25, 2012
   
• October 5, 2012: Defense Files Request to get Transcripts at the Expense of the Governments
   
• December 19, 2012: Government's Unopposed Request For Corrections to Transcripts
   
• December 21, 2012: Judge Fox Grants Government's Unopposed Request for Corrections to Transcripts

2013

• January 10, 2013: Defense Files Unopposed Motion for Extension of to File Post-Hearing Memorandum
   
• January 10, 2013: Judge Fox Grants Defense Extension of Time to File Post-Hearing Memorandum
   
• February 8, 2013: Defense files Second Motion to Extend Time to file Post Hearing Memorandum
   
• February 11, 2013: Judge Fox Grants Defense Extension of Time to File Post-Hearing Memorandum
   
• March 19, 2013: Defense Files Motion for Extension of time to File Post-Hearing Memorandum
   
• March 19, 2013: Judge Fox Grants Defense Extension of time to file Post-Hearing Memorandum
   
• April 1, 2013: Defense Files Motion for One Day Extension to File Post-Hearing Memorandum
   
• April 1, 2013: Judge Fox Grants Defense One Day Extension to File Post Hearing Memorandum
   
• April 1, 2013: Defense Files Post-Hearing Memorandum
   
• May 28, 2013: Government Files Unopposed Motion for Thirty Day Extension to File Responsive Memorandum
   
• May 28, 2013: Judge Fox Grants Government thirty Days Extension to File Responsive Memorandum
   
• May 31, 2013: Defense Files Unopposed Motion for Leave to File Substitute Post-Hearing Memorandum
   
• June 3, 2013: Judge Fox Grants Leave to the Defense to File a substitute Post-Hearing Memorandum
   
• June 10, 2013: Defense files substitute Post-Hearing Memorandum
   
• July 1, 2013: Government Files Post-Hearing Memorandum
   
• July 8, 2013: Defense Motion for Leave to File a Reply to the Government's Post-Hearing Memorandum
   
• July 8, 2013: Judge Fox's Order (1) Grants Defense's Motion to File a Reply to The Government's Post-Hearing Memorandum (2) Allowing the Government to File a Sur-Reply
   
• August 5, 2013: Defense's Unopposed Motion for One Week Extension of Time to File Reply to Government's Post-Hearing Memorandum
   
• August 5, 2013: Judge Fox Grants the Defense's Unopposed Motion for One Week Extension of Time to File Reply to Government's Post-Hearing Memorandum
   
• August 13, 2013: Defense Files Unopposed Motion for One Week Extension of Time to Reply to Government's Post-Hearing Memorandum
   
• August 13, 2013: Judge Fox Grants Defense's Unopposed Motion for One Week Extension to File Reply to the Government's Post-Hearing Memorandum
   
• August 22, 2013: Defense's Reply to Government's Post-Hearing Memorandum with attachments
   
• Exhibit 1: Reflections on the Jeffrey MacDonald Case by Harvey Silverglate
   
• Exhibit 2: Exhibit 2: August 21, 2013: Affidavit of Hart Miles
   
• Exhibit 3: August 5, 2013: Affidavit of Wade Smith
   
• Exhibit 4: August 9, 2013: August 9, 2013: Affidavit of Robert L. Sadoff, M.D.
   
• Exhibit 5: Fatal Revision: The Plot Thickens in Famed Murder Case; Dr. MacDonald Pins Hope on U.S. Marshal's Account of What a Suspect Said, by Laurie P. Cohen
   
• Exhibit 6: The New Republic 216.21 (May 25, 1997): 18-21
   
• September 23, 2013: Government's Post-Hearing Sur-Reply with exhibit
   
• GOVERNMENT'S INDEX OF EXHIBITS
   
• Exhibit 1. Video Recording of "Fatal Vision" Miniseries -  Relevant Excerpt
   
• Exhibit 2. Video Recording of "Fatal Vision" Miniseries -  Complete Copy
   
• Exhibit 3. Report of Myers Interview of Leonard, 1/23/1980
   
• Exhibit 4. Demonstrative Exhibit: Chart of Leonard-Gunderson Comparison
   
• Exhibit 5. Demonstrative Exhibit: Chart of Leonard-Published Opinion Comparison
   
• Exhibit 6. "Witnesses Attest to MacDonald's Trust, Compassion," News & Observer, 8/22/1979
   
• Exhibit 7. Motion for Writ re: Jimmy Friar, 8/16/1979
   
• Exhibit 8. Affidavit of Myers in Support of Motion for Writ, 8/16/1979
   
• Exhibit 9. Report of Interview of Friar by FBI, 8/17/1979
   
• Exhibit 10. Affidavit of Raymond Madden, Jr., #5 re: Interview of and Letter from Friar
  
  Exhibit 11. Memorandum in Support of Jeffrey R. MacDonald's Motion for an Order Authorizing the District Court for the Eastern District of North Carolina to Consider a Successive Application for Relief Under 28 U.S.C. § 2255, 4th Cir. Docket No. 97-713

2014

• April 17, 2014: Government's Notice of filing re: Request for Part 1 of April 6, 1970 Interview of Jeffrey MacDonald by CID Agents Joe Grebner, Bob Shaw and Bill Ivory
   
• Attachment: Transcript of April 6, 1970 interview of Jeffrey MacDonald by CID Agents Joe Grebner, Bob Shaw and Bill Ivory, part 1
   
• July 24, 2014: Judge Fox Order Denying Jeffrey MacDonald's Motion to Vacate Under 28 U.S.C. § 2255
   
• July 24, 2014: Judgment in Denying Jeffrey MacDonald's Motion to Vacate Under 28 U.S.C. §  2225
   
• August 8, 2014: Judge Fox Order Denying Jeffrey MacDonald's Motion Pursuant to the Innocent Protection Act of 2004, 18 U.S.C. §  36, for New Trial Based on DNA Testing Results and other Relief
   
• August 21, 2014: Defense Motion to Alter or Amend Judgment and Incorporated Memorandum of Law with attachment
   
• August 21, 2014: Attachment: An Assessment of the 1996 Department of Justice Task Force Review of the FBI Laboratory
   
• September 11, 2014: Government Response to Defendant's Motion Pursuant to FED. R. CIV. P. 59(e)
   
• September 15, Jeffrey MacDonald's Motion to Extend Time to File Appeal with attachment
   
• September 15, 2014:  Attachment: Defense Proposed Order
   
• September 15, 2014: Government's Response to Movant's "Motion to Extend Time"
   
• September 16, 2014: Reply to Government's Response to Defendant's Motion to Extend Time
   
• September 16, 2014: Judge Fox Order Denying Jeffrey MacDonald's Motion for Extension of Time to File Notice of Appeal
   
• September 23, 2014: Government's Notice of Filing Relating to Movant's Pending Rule 59(e) (Fed. R. Civ. P 59(e)) with attachments
   
• September 23, 2014: Index of Exhibits
   
• Exhibit 1:  Letter dated September 17, 2014, from Norman Wong, Special Counsel, Executive Office for U.S. Attorneys, U.S. Department of Justice;
   
• Exhibit 2.  "Microscopic Hair Comparison Analysis: Result of Review," August 15, 2014;
   
• Exhibit 3.  Report of FBI Laboratory (Paul Stombaugh), November 5, 1974 (already in record of case: GX 3061.1-3061.4);
   
• Exhibit 4.  Report of FBI Laboratory (Malone), December 31, 1990 [not already in record of case, but see generally DE-10(8) (Affidavit of Michael Malone, filed 2/14/91)];
   
•  Exhibit 5.  Report of FBI Laboratory (Malone), February 4, 1991 (already in record of case: DE-218-2);
   
•  Exhibit 6.  Report of FBI Laboratory (Robert Fram), May 19, 1999; [page 7 of Exhibit 6 ("TEU – Page 1 of 1") already in record of case: DE-225-19];
   
• Exhibit 7.  Trial transcript, August 8, 1979 (Trial Day Fourteen), pp. 4082-4305 [not attached in full due to length, but TTr 4294, lines 1-6 (cited in Exhibit 2 at 6) ("Page 2 of 2")) is attached hereto as Exhibit 7 [already in record of case].
   
• September 25, 2014: Reply to Government's Response to Motion to Alter or Amend Judgment
   
• September 26, 2014: Government's Motion for Supplemental Briefing on Movant's Rule 59(e) Motion with attachment
   
• September 26 Attachment: Government's Propose Order
   
• October 7, 2014: Defense Notice of Appeal to the United States Court of Appeals for the Fourth Circuit from an order denying Defendant's request for DNA testing pursuant to the Innocence Protection Act (18 U.S.C. § 3600)
   
• October 7, 2014: Motion of Christine Mumma to withdraw as attorney for Jeffrey MacDonald
   
• October 7, 2014: Notice of Appeal and Docket Sheet (non-death penalty)
   
• October 8, Judge Fox order Granting Christina Mumma's Motion to Withdraw as Counsel of Record for Jeffrey MacDonald
   
• October 9, 2014: Letter from Margaret Thomas, Fourth Circuit Court of Appeal to Julie Richards, U.S. District Court, Eastern District of North Carolina re: Notice of Appeal
   
• October 9, 2014: Letter from Thomas Walker, U.S. Attorney and John Stuart Bruce, First Assistant U.S. Attorney to Julie Richards, Clerk, U.S. District Court, Eastern District of North Carolina, re: Motion to Alter or Amend the Judgment and Notice of Appeal
• October 17, 2014: Response to Government's Motion for Supplemental Briefing on Movant's Rule 599(e) Motion
   
• October 21, 2014: Government's Reply to Movant's Response to Government's Motion for Supplemental Briefing
   
• October 22, 2014: Notice to District Court Counsel (Informal Briefing Schedule)
   
• October 22, 2014: Fee Notice for Criminal and Post-Judgment Criminal Cases
   
• October 22, 2014: U.S. Court of Appeals for the Fourth Circuit Request for Records
   
• October 22, 2014: Case opened on Appeal from originating court: United States District Court for the Eastern District of North Carolina
   
• October 22, 2014: Appeals Transmittal Sheet (non-death penalty)
   
• October 23, 2014: Government files Appearance of Counsel Form for Leslie Cooley
   
• November 13, 2014: Judge Fox's Order on Motion to Alter or Amend Judgment and Motion for Supplemental Briefing
   
• November 20, 2014: Government files Appearance of Counsel Form for Jennifer P. May-Parker
   
• November 25, 2014: Motion on Behalf of Jeffrey MacDonald to Extend Time to File Matters Pursuant to Petitioner's Notice of Appeal Regarding Innocence Protection Act Claim 18 U.S.C. § 3600, dated 11/18/2014, with Proposed Order (Motion filed by Kathryn MacDonald)
   
• November 25, 2014: U. S. Court of Appeal for the Fourth Circuit: Order Granting Motion filed on Behalf of Jeffrey MacDonald to extend time to file with Financial Affidavit form
   
• December 1, 2014: Appearance of Counsel by John Stuart Bruce for the Government
   
• December 29, 2014: Unopposed Motion to Extend  Time to File Supplemental Memorandum with Attachment
   
• December 29, 2014: Attachment: Proposed Order
   
• December 30, 2014: Judge Fox's Order Granting Defense's Unopposed Motion to Extend Time to File Supplemental Memorandum

2015

• January 6, 2015: Fourth Circuit Court of Appeals' Notice to Jeffrey MacDonald re: Rule 45 Notice of default and possible dismissal of appeal
   
• January 6, 2015: Defense's Supplemental Memorandum Supporting Motion to Alter or Amend Judgment
   
• January 27, 2015: Motion by Jeffrey MacDonald (dated January 21, 2015) to Extend Time to Obtain Pro Bono Counsel and File Notice of Appearance Regarding Petitioner's Innocence Protection Act Claim (U.S.C. § 3600)
   
• January 27, 2015: United States Court of Appeals for the Fourth Circuit: Order Granting Motion to proceed under CJA [23], updating informal briefing order deadlines
   
• January 30, 2015: Government's Motion to Extend Time to File Response to Movant's Supplemental Memorandum Supporting Rule 59(e) Motion, with Proposed Order
   
• February 2, 2015 Judge Fox Order Granting Government's Motion to Extend Time to File Response
   
• February 9, 1970:  Appearance of Counsel by William M. Palmer, Esq on behalf of Jeffrey MacDonald
   
• February 10, 1970: U.S. COA Order rescinding informal briefing schedule
   
• February 10, 2015: U.S. COA Briefing Order file re: Opening brief and appendix due March 17, 2015; response brief due April 10, 2015
   
• February 12, 2015: Government's Response to Movant's Supplemental Memorandum  Supporting Rule 59(e) Motion with exhibits
   
•  (1) Index of Exhibits
   
• (2) Exhibit No. 1 - Explanatory chart regarding hairs
   
• (3) Exhibit No. 2 - Letter to FBI, dated June 7, 1971, from Colonel Henry H. Tufts
   
• (4) Exhibit No. 3 - Report of FBI Laboratory (Paul Stombaugh), July 2, 1971
   
• (5) Exhibit No. 4 - "Laboratory Work Sheet" and accompanying bench notes
   
• (6) Exhibit No. 5 - GX 1076, FBI Laboratory "solution" of Shirley Green 2 pages
   
• (7) Exhibit No. 6 - Handwritten notes from Jury from 1979 trial
   
• February 19, 2015: Docketing Notice re: Attachment(s): Memorandum on Sealed and Confidential Information due in 14 days
   
• February 20, 2015 COA Appearance of Counsel by Brian Michael Murtagh for the government
   
• March 17, 2015: Motion of the Appellant to the Fourth Circuit Court of Appeals to Extend Time to File Opening Brief and Appendix
   
• March 17, 2015: Fourth Circuit Court of Appeals Order Granting Appellant Extension of Time (Appendix Due 4/16/2015, Opening Brief Due 4/16. 2015, Response Brief Due 5/11/2015. Any Reply Brief: 10 Days from Service of Response Brief)
   
• April 16, 2015: Motion of Jeffrey MacDonald to Extent Time to File Opening Brief and Appendix
   
• April 16, 2015: Fourth Circuit Court of Appeals Order Granting Appellant Extension of Time (Appendix Due 5/18/2015, Opening Brief Due 5/18/2015, Response Brief Due 6/12/2015. Any Reply Brief: 10 Days from Service of Response Brief)

 

          Return to part 1
 

Go to top