1st lawyer on jeffrey macdonald prosecution who died

by Prof. Jamie Wisozk PhD 5 min read

Who was the first assistant US Attorney for Jeffrey MacDonald?

From July 16, 1979 to August 29, 1979, he was co-counsel to James Blackburn, First Assistant United States Attorney, Eastern District of North Carolina, in the trial of Jeffrey MacDonald. The prosecutorial efforts of Murtagh and Blackburn were successful, resulting in a conviction and life sentence for MacDonald.

What happened to the defense attorney in the John MacDonald case?

Bernard "Bernie" Segal: MacDonald's lead defense attorney, known primarily for his work in civil rights causes, died at his home in Philadelphia in 1997 at age 89.

Who killed Jeffrey MacDonald’s family?

Sep 19, 2012 ¡ The defense says that Stoeckley, who died in 1983, was the woman in a floppy hat who MacDonald claims was at his home the night of the killings.

What happened at the McDonalds murder trial?

Oct 02, 2020 ¡ Television. A new doc reopens the Jeffrey MacDonald murders. We asked the prosecutor for his take. Colette and Kimberley MacDonald with Army surgeon Jeffrey MacDonald, convicted in 1979 of ...

What happened to Jeffrey McDonald?

When they entered the apartment, they found McDonald, a Green Beret trauma surgeon, lying unconscious across his wife Colette’s dead, mutilated body. Their two young daughters were found stabbed and bludgeoned to death in their bedrooms. MacDonald told investigators that he had fallen asleep on the couch and a woken in the middle of the night to find four intruders standing over him — three men, including one in an army jacket, and a woman with long blonde hair, dark clothing and a floppy hat, holding a candle — and that the men proceeded to attack him with a club and stab him in the chest. MacDonald claimed that, after a struggle, he lost consciousness, and awoke some time later to the gruesome sight of his murdered family. He was then treated for his injuries, including a stab wound to the chest that partially collapsed one of his lungs.

What happened in the MacDonald case?

The tragedy of the MacDonald case — three human beings slaughtered and the bereaved survivor suffering half his life in prison for crimes that the full panoply of evidence shows he did not commit — is a tale of what can happen when defense counsel is not allowed reasonable, fair access to evidence secured in the prosecution file. The Brady rule, in theory, should have been transformative of state and federal criminal trial practice. The percentage of wrongful convictions should have been radically reduced by promulgation of this salutary rule by the Supreme Court. But the difficulties enforcing Brady ’s command, combined with the limitations imposed on the writ of habeas corpus by both Supreme Court opinion and legislation, have transformed a promised remedy for injustice into a sometimes cruel illusion.

When was the first habeas petition denied?

MacDonald’s first habeas petition was denied by a panel of the Fourth Circuit Court of Appeals in 1985, and the Supreme Court denied certiorari in 1986. Two years later, MacDonald and an investigator named Ellen Dannelly began to sift through the thousands of pages of FOIA materials that the government had handed over in advance of MacDonald’s first habeas petition. MacDonald then retained FOIA expert Anthony Bisceglie, who filed additional FOIA requests with the Army, FBI, and DOJ. My colleagues and I came on board after Bisceglie began his FOIA work.

Who was the woman who killed Kimberley and Colette?

Helena Stoeckley was, for a time, considered to be a possible suspect in the murders of Colette, Kimberley and Kristen MacDonald. Although he did not recognize her picture when shown it in 1970, nor when he saw it again in 1979, MacDonald claimed that Stoeckley was one of several "intruders" he saw in his apartment in the early morning hours of February 17, 1970.

Who is Joe McGinniss?

Joe McGinniss (December 9, 1942 - March 10, 2014) was an American writer of nonfiction and novels , and the author of Fatal Vision, the best-selling book about the murders of Colette, Kimberly and Kristen MacDonald and the criminal proceedings against Jeffrey MacDonald.

Who is Bernard Segal?

Bernard Segal, known to many as "Bernie," was a defense attorney from Philadelphia. He successfully represented Jeffrey MacDonald at the Article 32 hearing in the summer of 1970, and again -- this time unsuccessfully -- at the crimeinal trial against Macdonald in 1979. He died on August 11, 2011 at his home, at the age of 81. Segal was survived by his children, Amy Segal of Richmond, Beth Segal of New York City and Eric Segal of Gainesville, Fla.; and two grandchildren.

Where is Jeffrey MacDonald?

Jeffrey MacDonald: MacDonald, aka Federal Inmate No. 0131-177, is still serving his life sentence at a federal correctional institution in Maryland. He was transferred there from a California prison shortly after he married Kathryn Kurichh of the Baltimore area in 2002. The two developed a friendship after Kathryn wrote to him in prison asking how ...

What did MacDonald claim about McGinniss?

MacDonald claimed that McGinniss pretended to believe in his innocence to maintain his cooperation. A 1987 civil trial resulted in a hung jury, and McGinniss' publishing company settled with MacDonald out of court.

What is the book about MacDonald?

Unable to find financial backers, Morris released his MacDonald argument as a book, "A Wilderness of Error," in 2012. The book is the basis for the FX documentary series of the same name.

Who was the author of the book "Fatal Vision"?

Joe McGinniss: McGinniss collaborated with Jeffrey MacDonald for the 1983 book "Fatal Vision," an account of the Fort Bragg murders. McGinniss concluded that MacDonald was guilty of the killings, and MacDonald later sued him for breach of contract. MacDonald claimed that McGinniss pretended to believe in his innocence to maintain his cooperation.

Where does Jim Blackburn practice law?

He continues to practice law in Raleigh. Jim Blackburn: Blackburn was the co-lead federal prosecutor in the 1979 trial and won the conviction against MacDonald. Later in his career, Blackburn became known for forging phony court documents and illegally wiring money from his law firm's bank account.

Who represented Colette MacDonald?

He was disbarred and served three and a half months in jail. Blackburn hired Wade Smith to represent him. Colette MacDonald's family: Colette's mother and stepfather, Mildred and Freddy Kassab, worked tirelessly to see justice for their slain family.

Who was the man who killed his wife and two children?

The former Army doctor and Green Beret was convicted in 1979 of the murders of his pregnant wife, Colette, and two small daughters, Kimberley, 6, and Kristen, 2, in their Fort Bragg apartment in 1970.

How many years after Jeffrey MacDonald's murder did he get convicted?

Fifty years after his wife and two young daughters were brutally murdered, and 41 after he was convicted of the crime, the case of former Army surgeon Jeffrey R. MacDonald continues to fascinate.

Who was the marshal who confessed to Stoeckley?

The appeal relied on a U.S. marshal — and the prosecutor’s “problems”. Then-U.S. marshal Jimmy Britt alleged that Stoeckley had confessed to him while he was driving her from South Carolina to Raleigh, N.C.

What TV series is based on the case of the murderer?

Now it’s the subject of the FX series “A Wilderness of Error,” based on the book ...

Who was Bernard Segal?

Bernard Segal was, as Smerling describes him, “a petulant, combative Jewish lawyer from Philadelphia, and the jury found that off-putting. He was not the right lawyer for the case.” Blackburn doesn’t think that the problem was Segal’s religion or where he was from but that “he was so filled with righteous anger about the case. He’d been on it for eight or nine years, and when he made his closing arguments, he spoke for over three hours without a bathroom break, and lost the jury.”

Was physical evidence a tough thing for the defense to overcome?

The physical evidence was a tough thing for the defense to overcome.”. Blackburn agrees that “the crime scene was not the best, but it was also not the worst. It was not managed the way you want it to be managed. However, we put in more than 600 pieces of evidence in that trial.

Who was the surgeon who killed his family?

We asked the prosecutor for his take. Colette and Kimberley MacDonald with Army surgeon Jeffrey MacDonald, convicted in 1979 of murdering his family nine years earlier. The case is the subject of a new docuseries, “A Wilderness of Error.”. Copy Link URL Copied!

Who painted "I killed MacDonald's wife and children"?

Greg Mitchell was, says Smerling, “one of the other people that keeps this thing alive.”. A Vietnam vet suffering from substance abuse problems, Mitchell allegedly painted “I killed MacDonald’s wife and children” on the walls of a rehab house.

Why did the government confiscate MacDonald's property?

In lieu of his right to possess those items, the government acted under a regulation that allowed it to confiscate MacDonald’s personal property because it was considered to be evidence in a criminal case. The government is required to pay the property holder for the property while they continue to hold it.

How many stab wounds did MacDonald have?

and eye witnesses, MacDonald summarily suffered at least seventeen. stab wounds to the hands, arms, and torso, stabbings through the muscle. in the bicep and abdomen, a stab wound to the lung requiring a chest tube and two surgeries, and multiple contusions to the head. He required. resuscitation at the murder scene.

How much money did James Blackburn embezzle?

Years after his success in helping to send Jeffrey MacDonald to prison, the law firm for which former MacDonald prosecutor James Blackburn worked discovered that he had faked a lawsuit, prepared phony court orders, forged the signatures of state and federal judges, and embezzled over $200,000.

What is the book Fatal Vision about?

A Series of Interesting Facts on the MacDonald Case. The book Fatal Vision was shown in a court of law to be a fraudulent and fictional account of the MacDonald Case. For many years, Joe McGinniss’s best-selling novel Fatal Vision was viewed as the definitive book on the MacDonald case. The book, and the ensuing mini-series based on it, ...

What was Blackburn's defense?

Ironically, Blackburn’s “defense” was that he was psychotic and delusional during the time he committed these acts – the same theory the government used to explain why they believed Jeffrey MacDonald murdered his family. However, in MacDonald’s case, expert testimony conflicted with the theory.

What would happen if the original prosecution team had consisted of men of integrity?

If the original prosecution team had consisted of men of integrity, and if all of the facts had been allowed, untainted, in front of the jury, the outcome would very likely have been completely the opposite.

When was McGinniss's betrayal published?

It wasn’t until the publication of Fatal Justice (by Potter and Bost, 1995 , W.W. Norton Publishers) that the full extent of McGinniss’s betrayal was documented, and many of the case myths he created were exposed as such. CASE FACT.

Is Jeffrey MacDonald Still Alive?

MacDonald, Jeffrey, is still alive. He is presently serving a life sentence at the age of 78 years old. He was born in New York City, New York, on October 12, 1943.

Jeffrey MacDonald Whereabouts Today: Where Is He Now 2021?

Jeffrey MacDonald, also known as Federal Inmate No. 0131-177, is now serving a life term at a federal prison in Maryland.

What was Jeffrey MacDonald guilty of?

It found MacDonald guilty of second-degree murder in the deaths of Colette and Kimberley and first-degree murder in the death of Kristen. Jeffrey MacDonald, second from left, is led out in handcuffs at the federal courthouse in Raleigh on Aug. 29, 1979, after being found guilty of murdering his family in 1970.

What did the MacDonald case teach the military?

The MacDonald case provided a harsh lesson for the military about preservation of crime scenes, said Kelvin Culbreth, a local Cumulus Media radio executive who grew up in Fayetteville. In 1984, Culbreth joined the Army and went to military police school in Alabama.

What was the first report of the killings in Fayetteville?

The initial report of the killings was the top story in The Fayetteville Observer that afternoon : “Officer’s Wife, Children Found Slain At Ft. Bragg.”. Longtime crime reporter Pat Reese wrote that Colette and the children were “apparently murder victims of a ‘ritualistic’ hippie cult.”.

Where did the Special Forces carry the bodies of Colette MacDonald and her children?

Special Forces soldiers carry the bodies of Colette MacDonald and her two children, Kimberley, 5, and Kristen, 2, into the JFK Chapel on Fort Bragg in 1970.

How many times was Colette stabbed?

The crime-scene and autopsy photos of Colette and the children are gruesome and bloody. The reports say: • Colette was stabbed 16 times with a knife and 21 times with an ice pick, and she was hit in the head with a club at least six times. Both of her arms were broken, as though she had been defending herself.

Was MacDonald conscious when the police found him?

MacDonald appeared partly conscious when the police found him, according to the books and court records. In the house and in later interviews, he gave his description of what happened:

Who was the first CID agent?

THE INVESTIGATION. Former Hope Mills Police Chief John Hodges, who died last summer, was an Army police investigator in 1970. “He was actually the first CID agent on the scene that night,” said his son, Hope Mills Fire Chief Chuck Hodges. “CID” is a common term for the Army’s Criminal Investigation Command.

The Murders and The Legal Proceedings to Date

The FOIA Expedition

  • MacDonald’s first habeas petition was denied by a panel of the Fourth Circuit Court of Appeals in 1985, and the Supreme Court denied certiorari in 1986. Two years later, MacDonald and an investigator named Ellen Dannelly began to sift through the thousands of pages of FOIA materials that the government had handed over in advance of MacDonald’s first habeas petition. MacDon…
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The Puretz Memorandum

  • The Murphy FOIA materials supplied a wealth of exculpatory evidence. Some of it was forensic, some not. Foremost among the nonforensic pieces of evidence that made an impression on me was an innocuous-seeming memorandum that we called the “Puretz Memo,” named after a law student clerk who was working at the time in the U.S. Attorney’s Office and was helping the trial t…
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Mccleskey v. Zant Intervenes

  • By 1991, we thought that we could, and would, make a very powerful habeas showing that would get MacDonald the new trial that had thus far evaded him. At such a retrial, we thought that gaining his acquittal would not be such a hard task, given the voluminous amount of exculpatory evidence that MacDonald’s investigators and our legal team had compi...
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Conclusion

  • The tragedy of the MacDonald case — three human beings slaughtered and the bereaved survivor suffering half his life in prison for crimes that the full panoply of evidence shows he did not commit — is a tale of what can happen when defense counsel is not allowed reasonable, fair access to evidence secured in the prosecution file. The Brady rule, in theory, should have been tr…
See more on nacdl.org

Notes

  1. The MacDonaldcase was a relatively rare federal murder prosecution because the crime took place at Fort Bragg, N.C., a federal military base.
  2. The mind-boggling procedural history was most recently laid out by the Fourth Circuit in United States v. MacDonald, 641 F.3d 596; 2011 U.S. App. LEXIS 7914 (April 19, 2011).
  3. The botched investigation of the MacDonald murder scene is described in vivid detail in Errol …
  1. The MacDonaldcase was a relatively rare federal murder prosecution because the crime took place at Fort Bragg, N.C., a federal military base.
  2. The mind-boggling procedural history was most recently laid out by the Fourth Circuit in United States v. MacDonald, 641 F.3d 596; 2011 U.S. App. LEXIS 7914 (April 19, 2011).
  3. The botched investigation of the MacDonald murder scene is described in vivid detail in Errol Morris’s recent book about the case, A Wilderness of Error(2012).
  4. United States v. MacDonald, 435 U.S. 850 (1978) (holding that the Fourth Circuit lacked jurisdiction to grant before trial MacDonald’s motion to dismiss on speedy trial grounds); United States v. M...