Guatemala's top court annuls Rios Montt genocide conviction
By Mike McDonald
GUATEMALA CITY
May 21, 2013
(Reuters) - Guatemala's highest court on Monday overturned a genocide conviction against former dictator Efrain Rios Montt and reset his trial back to when a dispute broke out a month ago over who should hear the case.
Rios Montt, 86, was found guilty on May 10 of overseeing the killings by the armed forces of at least 1,771 members of the Maya Ixil population during his 1982-83 rule. He was sentenced to 80 years in prison.
However, in a ruling on Monday, the country's Constitutional Court ordered that all the proceedings be voided going back to April 19, when one of the presiding judges suspended the trial because of a dispute with another judge over who should hear it.
It was unclear when the trial might restart.
Rios Montt's conviction was hailed as a landmark for justice in the Central American nation, where as many as 250,000 people were killed in a bloody civil war lasting from 1960 to 1996.
When Rios Montt was in power, his government launched a fierce offensive in which soldiers raped, tortured and killed tens of thousands of Maya villagers suspected of helping Marxist rebels. Thousands more were forced into exile or had to join paramilitary forces fighting the insurgents.
After he was sentenced, a court ordered the government to apologize for atrocities committed against indigenous people.
Ana Caba, an ethnic Ixil who survived the civil war after fleeing her home, was stunned by the Constitutional Court's decision.
"I'm distressed," she told Reuters. "I don't know what's happening. That's how this country is. The powerful people do what they want and we poor and indigenous are devalued. We don't get justice. Justice means nothing for us."
IRREGULARITIES
At the time the row broke out between the judges, a number of appeals were lodged with the Constitutional Court over alleged irregularities in the handling of the case.
One related to Francisco Garcia, one of Rios Montt's defense lawyers, who had just won an appeal to be readmitted to the case. Garcia was thrown out when the trial began for repeatedly trying to have two of the three presiding judges recused.
When Garcia was reinstated, he tried to recuse the judges again, but they rejected his bid and proceeded with the case.
The Constitutional Court said the judges should have suspended the trial until the recusal attempt had been officially resolved. A spokesman for the court could not say how the recusal bid needed to be formally settled.
Diana Cameros, a psychologist who attended the Rios Montt trial, attacked the Constitutional Court over its ruling.
"It's absurd," she told Reuters. "It said in a previous ruling that the process couldn't be wound back to stages that had already concluded, and now it's saying something that contradicts what they said before."
The court said it had given the judges who sentenced Rios Montt 24 hours to comply with its order.
After spending a couple of nights in prison, Rios Montt was transferred to a hospital last week for treatment for respiratory and prostate problems.
He came to power in a bloodless coup on March 23, 1982, and ruled for 17 months during one of the most brutal phases of the conflict until he was toppled in August 1983. He has repeatedly denied the charges against him.v
Former U.S. President Ronald Reagan supported Rios Montt's government and said in late 1982 that the dictator was getting a "bum rap" from rights groups for his military campaign against left-wing guerrillas during the Cold War.
Reagan also once called Rios Montt "a man of great personal integrity."
The retired general returned to politics after his fall from power and later unsuccessfully ran for president. For years, he avoided prosecution because he had immunity as a congressman. That ended when he left Congress in 2012.
Until August 2011, when four Guatemalan soldiers received 6,060-year prison sentences for mass killings in the northern village of Dos Erres in 1982, no convictions had been handed down for massacres carried out during the war.
ORIGINAL POST
I am happy that Guatemala, a beautiful place with wonderful people, has been able to bring a genocidal dictator to justice.
Ex-dictator convicted of genocide in Guatemala
By SONIA PEREZ
Associated Press
May 10, 2013
GUATEMALA CITY (AP) — A Guatemalan court convicted former dictator Efrain Rios Montt on charges of genocide and crimes against humanity on Friday, sentencing him to 80 years in prison, the first such sentence ever handed down against a former Latin American leader.
It was the state's first official acknowledgment that genocide occurred during the bloody, 36-year civil war, something the current president, retired Gen. Otto Perez Molina, has denied.
"He knew about everything that was going on and he did not stop it, despite having the power to stop it from being carried out," said Presiding Judge Yassmin Barrios. "Rios Montt is guilty of genocide."
The 86-year-old former general laughed, talked to his lawyers and listened to the procedures through headphones. When the guilty verdict was announced, the crowded courtroom erupted in cheers. Some women who lost relatives in the massacres wept.
"Judge, Judge! Restore order!" Rios Montt shouted as cameramen and photographers swarmed him after the verdict was announced.
A three-judge tribunal issued the verdict after the nearly two-month trial in which dozens of victims testified about mass rapes and the killings of women and children and other atrocities...
Profile: Guatemala's Efrain Rios Montt
Efrain Rios Montt, file pic from 2013 Efrain Rios Montt came to power through a coup d'etat in 1982
BBC News
10 May 2013
Guatemala's former military leader Efrain Rios Montt is one of the central American nation's most controversial figures, who briefly seized power during one of the bloodiest periods of the country's brutal 36-year civil war.
On 10 May 2013, he was found guilty of genocide and crimes against humanity.
Born in Huehuetenango in 1926, Efrain Rios Montt joined the army and was a young officer when President Jacobo Arbenz Guzman was deposed in a CIA-backed military coup in 1954.
He rose through the ranks to become a brigadier general and the army's chief of staff in 1970 during the military regime of President General Carlos Manuel Arana Osorio.
He came to power through a coup in March 1982 in the middle of Guatemala's bloody war, in which Marxist rebels battled the military regime.
Civilians - the vast majority of them indigenous Mayans - were caught in the crossfire, and an estimated 200,000 died before a truce was reached in 1996, making the conflict one of Latin America's most violent wars.
Although Gen Rioss Montt was overthrown by his Defence Minister Oscar Humberto Mejia Victores in August 1983, he is considered to have had a major impact on the conflict through the so-called Guns and Beans campaign.
The rebels were offered terms through which they would be fed if they supported the regime, but crushed if they continued fighting.
Prosecutors say that during his 17 months in power, Gen Rios Montt and his chief of military intelligence, Gen Jose Mauricio Rodriguez Sanchez, ordered the deaths of more than 1,700 members of the Ixil Maya ethnic group, whom they suspected were supporting the rebels.
In 2012, Guatemalan President Alvaro Colom apologised to the relatives of the victims of a December 1982 massacre in which Guatemalan soldiers killed more than 200 people in the village of Dos Erres, saying it was a stain on Guatemala's history.
'Guatemala was in ruins'
General Rios Montt returned to the political limelight when he ran for president in 2003, despite a constitutional rule that no-one who had overthrown a government could stand for the presidency.
During the campaign, he was accused of orchestrating a violent protest by his supporters against the constitutional ruling.
A journalist died of a heart attack while running away from protesters in what became known as Black Thursday in Guatemala City.
But Gen Rios Montt was cleared of manslaughter charges in 2006, with prosecutors citing a lack of evidence.
He stood for president again in 2006 but was defeated in an election was marred by violence, with more than 22 people connected with political parties killed in the run-up to the vote.
The general returned to public office in 2007 as a member of Congress, which secured him immunity from prosecution over the war crimes allegations.
Efrain Rios Montt addresses the court in Guatemala City. 9 May 2013 Gen Rios Montt gave an impassioned hour-long defence of himself towards the end of his trial
But that immunity expired with the end of his term in office in January 2012, and within two weeks of leaving office he was summoned to court and formally charged with genocide and crimes against humanity.
Prosecutors called for 75-year sentences to be given to both Gen Rios Montt and his former spy chief.
Although the case was beset with delays, legal loopholes and a temporary suspension, the pre-trial hearing was held in January 2013.
The three-judge tribunal reached its verdict on 10 May, declaring him guilty and sentencing him to 80 years in prison.
Gen Rios Montt did not testify during the court proceedings, but broke his silence to give an impassioned hour-long defence before the three judges retired to consider their verdicts.
Showing posts with label justice system. Show all posts
Showing posts with label justice system. Show all posts
Wednesday, May 22, 2013
Friday, November 30, 2012
Maybe Jeffrey MacDonald was innocent after all
Maybe Jeffrey MacDonald went to California to escape the people who killed his wife and children, NOT because he was guilty.
Maybe Jeffrey MacDonald was innocent after all
In a rare interview, co-counsel Wade Smith reflects on the murder case that's long captured America's imagination
By Lynn Parramore, Alternet
Nov 30, 2012
AlterNet Remember the perceptual illusion where you look at a picture and you’re certain that you see the bust of a young woman? Then, if someone draws your attention to certain details, suddenly the picture transforms into the profile of an old woman. It’s a disorienting trick. You think you know what you’re seeing, but then you aren’t so sure.
The Jeffrey MacDonald murder case is one of the most disturbing in living memory. There are only two possible pictures, both nightmares.
Picture No. 1. Jeffrey MacDonald, a Princeton-educated Green Beret doctor with no history of violence and a sterling record, butchered his pregnant wife and two young daughters using a knife, ice pick and club. Then he injured himself and set up the scene to make the crimes appear to be the work of intruders. He claimed they chanted, “Kill the pigs! … Acid is groovy!” and scrawled the word “PIG” on the wall in his wife’s blood.
Picture No. 2. Jeffrey MacDonald, a bright young man with everything in life to look forward to, lost his wife and children to senseless, horrific violence. A military hearing found charges against him “untrue,” but he was convicted nine years later in a civilian trial. He has been imprisoned for three decades for a crime he did not commit.
Two possibilities: MacDonald is a monster, or he is a victim of terrible injustice. Young woman; old woman.
Until recently, most people saw Picture No. 1. So did I. I grew up in Raleigh, N.C., about an hour from the Fort Bragg army base in Fayetteville where the murders occurred on Feb. 17, 1970, in the middle of the night. I was born in May of that year, and would thus be the same age as the child Colette MacDonald was carrying when her life was snuffed out. In the early ’80s, I whipped through a dog-eared copy of “Fatal Vision,” Joe McGinniss’ sensational true-crime novel about the killings. It was almost as scary as ”Helter Skelter” – the story of the Charles Manson murders in California that are said to have inspired Jeffrey MacDonald in the coverup for his homicidal rampage.
In 1984 I was glued to the TV, like millions of other Americans, watching the popular miniseries based on McGinniss’ book. McGinniss made the murders sound like the work of a diabolical genius, a man who could transform in a moment from a loving father to a homicidal maniac, and again, in the blink of an eye, to a calculating con man. I thought of devils that lurked in human flesh, like in “The Exorcist,” another popular based-on-a true-story-book-turned-movie of the period that floated around our house. When the show was over, I retired to the safety of my bed, safe from unpredictable evils.
A Shifting Picture
McGinniss’ stark rendering of Picture No. 1 stuck in my mind until recently when a friend from North Carolina told me that Errol Morris had published a book suggesting MacDonald was innocent. That got my attention: the Oscar-winning Morris, whose film “The Thin Blue Line” exonerated a Texas man wrongfully convicted for murder, is one of the world’s great documentary filmmakers. He is both a careful researcher and a profound investigator of the human condition.
My friend and I sat around in her backyard, tossing up what facts about the case we could recall. I even laughed at the idea of hippie murderers in North Carolina. Of all places! But then I felt uneasy. “You sure Errol Morris wrote the book?” She was sure.
Soon I was reading Morris’ “A Wilderness of Error,” feeling skeptical and wondering why this reputable man would involve himself in a case that everyone and their mother (including mine) knew the truth about.
But it didn’t take long to realize that something was wrong. Enough somethings to fill the long, solitary chapters of a man’s life unfolding behind prison walls.
Morris researched the MacDonald case for 20 years and knows each labyrinthine turn of its progress through the criminal justice system. Even before bureaucratic stalling and federal machinery overtook the search for truth, things were working against Jeffrey MacDonald. A crime scene was left open to bystander traffic. Inexperienced military police failed to pick up a woman near the house who fit MacDonald’s description. Many think this woman could have been Helena Stoeckley, a drug abuser and professed member of a witchcraft cult who repeatedly confessed to having been at the MacDonald house the night of the murders, but recanted her story whenever she seemed to fear prosecution. Now deceased, she remains a pivotal figure in the case.
As I read Morris’ meticulous examination the evidence, the picture in my mind became less clear. I began to see that Joe McGinniss’ creation of Picture No. 1 might be just that: a creation. Some of the “facts” I thought I knew began to look more like ideas conjured by eager prosecutors and a journalist who had dealt so disingenuously with Jeffrey MacDonald in writing ”Fatal Vision” that he was sued after publication. McGinniss’ publisher settled with MacDonald out of court, after the judge called the author a “con man.” (This story, in its own right, became a famous book about journalistic ethics by Janet Malcolm.)
The story many of us think we know tells that MacDonald’s wounds were superficial. But he had multiple bruises and puncture wounds, and two stab wounds, including one that collapsed his lung — a serious injury that left him falling in and out of consciousness. The popular story says there was no evidence of intruders. But there was, including wax drippings (MacDonald insisted that one of the intruders carried a candle), fibers and hairs that did not belong to the household or family members.
McGinniss drew on pop-sociology to render an image of a psychopathic killer in the guise of the friendly doctor-next-door; the kind we know from endless horror movies. He theorized that diet pills caused MacDonald to fly into a fit of rage. McGinniss had to be creative, because the man’s character never fit the crime. MacDonald had no history of violence or temper. When the initial military hearing was conducted in 1970, no one in his life could be found who had a bad thing to say about him. Psychiatric professionals on both sides pronounced him incapable of having committed the crimes. On the evening of the murders, Jeffrey MacDonald had taken his kids to ride the pony he had bought them, fed them dinner while their mother took a night class, and put them to bed. It didn’t make sense.
But did hippie intruders make sense? Maybe more than I would have thought as a teen. Vietnam-era Fayetteville was not sleepy Raleigh in the 1980s. There was violence. Soldiers’ corpses arrived at Fort Bragg stuffed with heroin. In 1970 America was gripped by the horror of the Manson murders – a fact used against MacDonald because he subscribed to Esquire magazine, which had run a story about the dark side of hippie culture. The Esquire story, for all its salaciousness, touched upon real issues that plagued many communities outside of California. In Fayetteville, an Army town, strong tensions existed between Army types like Jeffrey MacDonald on one side of the war, and hippies and protesters on the other. Helena Stoeckley confessed many times that MacDonald’s willingness to turn heroin addicts in to the police infuriated local drug dealers. She knew this world, and was herself a police informant. According to her, they wanted to teach MacDonald a lesson and rough up his family the night of the killings. But things got out of hand.
In October 1970, following an investigation and hearing, the military dropped its case against MacDonald, and he was honorably discharged from the Army. He moved to California to become the director of emergency medicine at St. Mary’s Medical Center in Long Beach. But an unfortunate thing happened in the following years. MacDonald’s relationship with his father-in-law, originally a staunch supporter, became strained. Freddy Kassab had inserted himself into the 1970 military hearing and made himself the center of a media circus, holding news conferences and firing off letter to members of Congress. He wanted his son-in-law to stay on the East Coast and pursue the killers. Eventually, he turned on the man he had once so ardently defended. Through his aggressive pursuit of the case, MacDonald was indicted.
MacDonald was tried in a civilian court in 1979. Many felt that his acquittal would be a cinch, but much more was to go wrong. The nine-year lag between the murders and the trial is extremely unusual; experts consider such a lag to pose a great danger of wrongful conviction. Appearances didn’t help MacDonald, either. He looked angry on the stand. Worse still, Judge Franklin Dupree seemed to have his mind made up before the trial began. Some said he should never have taken the case because his former son-in-law was the prosecutor in the original Army hearing. Dupree would not admit overwhelming psychiatric testimony in MacDonald’s favor, nor the testimony of witnesses to whom Helena Stoeckley had confessed her involvement. Bernie Segal, a long-haired Jewish lawyer from Philadelphia, took the lead in the case and managed to alienate the entire courtroom. Segal took up nearly all the time in the critical period for closing remarks and left only a few minutes for co-counsel Wade Smith, an eloquent native Carolinian who understood the jury.
One thing about this case is never in doubt no matter who’s talking: If Wade Smith had been able to lead and give his closing remarks, MacDonald would be a free man today.
The list of misfortunes goes on: exculpatory evidence withheld; possible prosecutorial misconduct; and fallible humans who twisted the MacDonald story to fit their own agendas. MacDonald was convicted twice, both in the courtroom and in the all-important court of public opinion, which was sealed by McGinniss’ book and miniseries.
Since 1979, the MacDonald case has continued to trouble those who delve beneath the surface of the media narrative. The social justice movement is now involved; the Innocence Project, a prestigious nationwide network dedicated to exonerating the wrongfully convicted, has worked strenuously for MacDonald’s conviction to be overturned. In a 2011 press release, the Innocence Project stated:
Since MacDonald was convicted of the murders in 1979, considerable evidence of his innocence has come to light. Most recently, retired US Marshall Jimmy Britt came forward with information that another suspect in the case, Helena Stoeckley, admitted to the prosecutor that she was in the house on the night of MacDonald’s murder and that he treated to indict her for first degree murder if she admitted that in court. In addition, DNA testing on evidence that was recovered from the fingernails scrapings of one of the victims and a hair found under another victim did not match MacDonald. Earlier, evidence came to light that a FBI forensic examiner mislead the jury about synthetic hair evidence. MacDonald claimed the hairs were from the wig of one of the murders, but the forensic examiner incorrectly claimed they were from one of the children’s dolls.
None of this has set MacDonald free. By now, many members of the original hearing and 1979 trial are dead, including Judge Dupree. Judge James Fox, a close friend of Dupree’s and quite elderly himself, has taken over and has dismissed appeals. Recently, the 4th District Court of Appeals ordered Fox to consider new evidence, and to examine all the evidence as a whole. On Sept. 17, 2012, in Wilmington, N.C., a crowd of familiar faces assembled for a new hearing. Jeffrey MacDonald, Joe McGinniss, prosecutor James Blackburn (who went to prison himself for defrauding his clients), Wade Smith and others newer to the case gathered once again to testify.
MacDonald now waits to see if the federal judge will vacate his 33-year-old conviction. He could get an answer by the end of this year...
See interview of Wade Smith...
Maybe Jeffrey MacDonald was innocent after all
In a rare interview, co-counsel Wade Smith reflects on the murder case that's long captured America's imagination
By Lynn Parramore, Alternet
Nov 30, 2012
AlterNet Remember the perceptual illusion where you look at a picture and you’re certain that you see the bust of a young woman? Then, if someone draws your attention to certain details, suddenly the picture transforms into the profile of an old woman. It’s a disorienting trick. You think you know what you’re seeing, but then you aren’t so sure.
The Jeffrey MacDonald murder case is one of the most disturbing in living memory. There are only two possible pictures, both nightmares.
Picture No. 1. Jeffrey MacDonald, a Princeton-educated Green Beret doctor with no history of violence and a sterling record, butchered his pregnant wife and two young daughters using a knife, ice pick and club. Then he injured himself and set up the scene to make the crimes appear to be the work of intruders. He claimed they chanted, “Kill the pigs! … Acid is groovy!” and scrawled the word “PIG” on the wall in his wife’s blood.
Picture No. 2. Jeffrey MacDonald, a bright young man with everything in life to look forward to, lost his wife and children to senseless, horrific violence. A military hearing found charges against him “untrue,” but he was convicted nine years later in a civilian trial. He has been imprisoned for three decades for a crime he did not commit.
Two possibilities: MacDonald is a monster, or he is a victim of terrible injustice. Young woman; old woman.
Until recently, most people saw Picture No. 1. So did I. I grew up in Raleigh, N.C., about an hour from the Fort Bragg army base in Fayetteville where the murders occurred on Feb. 17, 1970, in the middle of the night. I was born in May of that year, and would thus be the same age as the child Colette MacDonald was carrying when her life was snuffed out. In the early ’80s, I whipped through a dog-eared copy of “Fatal Vision,” Joe McGinniss’ sensational true-crime novel about the killings. It was almost as scary as ”Helter Skelter” – the story of the Charles Manson murders in California that are said to have inspired Jeffrey MacDonald in the coverup for his homicidal rampage.
In 1984 I was glued to the TV, like millions of other Americans, watching the popular miniseries based on McGinniss’ book. McGinniss made the murders sound like the work of a diabolical genius, a man who could transform in a moment from a loving father to a homicidal maniac, and again, in the blink of an eye, to a calculating con man. I thought of devils that lurked in human flesh, like in “The Exorcist,” another popular based-on-a true-story-book-turned-movie of the period that floated around our house. When the show was over, I retired to the safety of my bed, safe from unpredictable evils.
A Shifting Picture
McGinniss’ stark rendering of Picture No. 1 stuck in my mind until recently when a friend from North Carolina told me that Errol Morris had published a book suggesting MacDonald was innocent. That got my attention: the Oscar-winning Morris, whose film “The Thin Blue Line” exonerated a Texas man wrongfully convicted for murder, is one of the world’s great documentary filmmakers. He is both a careful researcher and a profound investigator of the human condition.
My friend and I sat around in her backyard, tossing up what facts about the case we could recall. I even laughed at the idea of hippie murderers in North Carolina. Of all places! But then I felt uneasy. “You sure Errol Morris wrote the book?” She was sure.
Soon I was reading Morris’ “A Wilderness of Error,” feeling skeptical and wondering why this reputable man would involve himself in a case that everyone and their mother (including mine) knew the truth about.
But it didn’t take long to realize that something was wrong. Enough somethings to fill the long, solitary chapters of a man’s life unfolding behind prison walls.
Morris researched the MacDonald case for 20 years and knows each labyrinthine turn of its progress through the criminal justice system. Even before bureaucratic stalling and federal machinery overtook the search for truth, things were working against Jeffrey MacDonald. A crime scene was left open to bystander traffic. Inexperienced military police failed to pick up a woman near the house who fit MacDonald’s description. Many think this woman could have been Helena Stoeckley, a drug abuser and professed member of a witchcraft cult who repeatedly confessed to having been at the MacDonald house the night of the murders, but recanted her story whenever she seemed to fear prosecution. Now deceased, she remains a pivotal figure in the case.
As I read Morris’ meticulous examination the evidence, the picture in my mind became less clear. I began to see that Joe McGinniss’ creation of Picture No. 1 might be just that: a creation. Some of the “facts” I thought I knew began to look more like ideas conjured by eager prosecutors and a journalist who had dealt so disingenuously with Jeffrey MacDonald in writing ”Fatal Vision” that he was sued after publication. McGinniss’ publisher settled with MacDonald out of court, after the judge called the author a “con man.” (This story, in its own right, became a famous book about journalistic ethics by Janet Malcolm.)
The story many of us think we know tells that MacDonald’s wounds were superficial. But he had multiple bruises and puncture wounds, and two stab wounds, including one that collapsed his lung — a serious injury that left him falling in and out of consciousness. The popular story says there was no evidence of intruders. But there was, including wax drippings (MacDonald insisted that one of the intruders carried a candle), fibers and hairs that did not belong to the household or family members.
McGinniss drew on pop-sociology to render an image of a psychopathic killer in the guise of the friendly doctor-next-door; the kind we know from endless horror movies. He theorized that diet pills caused MacDonald to fly into a fit of rage. McGinniss had to be creative, because the man’s character never fit the crime. MacDonald had no history of violence or temper. When the initial military hearing was conducted in 1970, no one in his life could be found who had a bad thing to say about him. Psychiatric professionals on both sides pronounced him incapable of having committed the crimes. On the evening of the murders, Jeffrey MacDonald had taken his kids to ride the pony he had bought them, fed them dinner while their mother took a night class, and put them to bed. It didn’t make sense.
But did hippie intruders make sense? Maybe more than I would have thought as a teen. Vietnam-era Fayetteville was not sleepy Raleigh in the 1980s. There was violence. Soldiers’ corpses arrived at Fort Bragg stuffed with heroin. In 1970 America was gripped by the horror of the Manson murders – a fact used against MacDonald because he subscribed to Esquire magazine, which had run a story about the dark side of hippie culture. The Esquire story, for all its salaciousness, touched upon real issues that plagued many communities outside of California. In Fayetteville, an Army town, strong tensions existed between Army types like Jeffrey MacDonald on one side of the war, and hippies and protesters on the other. Helena Stoeckley confessed many times that MacDonald’s willingness to turn heroin addicts in to the police infuriated local drug dealers. She knew this world, and was herself a police informant. According to her, they wanted to teach MacDonald a lesson and rough up his family the night of the killings. But things got out of hand.
In October 1970, following an investigation and hearing, the military dropped its case against MacDonald, and he was honorably discharged from the Army. He moved to California to become the director of emergency medicine at St. Mary’s Medical Center in Long Beach. But an unfortunate thing happened in the following years. MacDonald’s relationship with his father-in-law, originally a staunch supporter, became strained. Freddy Kassab had inserted himself into the 1970 military hearing and made himself the center of a media circus, holding news conferences and firing off letter to members of Congress. He wanted his son-in-law to stay on the East Coast and pursue the killers. Eventually, he turned on the man he had once so ardently defended. Through his aggressive pursuit of the case, MacDonald was indicted.
MacDonald was tried in a civilian court in 1979. Many felt that his acquittal would be a cinch, but much more was to go wrong. The nine-year lag between the murders and the trial is extremely unusual; experts consider such a lag to pose a great danger of wrongful conviction. Appearances didn’t help MacDonald, either. He looked angry on the stand. Worse still, Judge Franklin Dupree seemed to have his mind made up before the trial began. Some said he should never have taken the case because his former son-in-law was the prosecutor in the original Army hearing. Dupree would not admit overwhelming psychiatric testimony in MacDonald’s favor, nor the testimony of witnesses to whom Helena Stoeckley had confessed her involvement. Bernie Segal, a long-haired Jewish lawyer from Philadelphia, took the lead in the case and managed to alienate the entire courtroom. Segal took up nearly all the time in the critical period for closing remarks and left only a few minutes for co-counsel Wade Smith, an eloquent native Carolinian who understood the jury.
One thing about this case is never in doubt no matter who’s talking: If Wade Smith had been able to lead and give his closing remarks, MacDonald would be a free man today.
The list of misfortunes goes on: exculpatory evidence withheld; possible prosecutorial misconduct; and fallible humans who twisted the MacDonald story to fit their own agendas. MacDonald was convicted twice, both in the courtroom and in the all-important court of public opinion, which was sealed by McGinniss’ book and miniseries.
Since 1979, the MacDonald case has continued to trouble those who delve beneath the surface of the media narrative. The social justice movement is now involved; the Innocence Project, a prestigious nationwide network dedicated to exonerating the wrongfully convicted, has worked strenuously for MacDonald’s conviction to be overturned. In a 2011 press release, the Innocence Project stated:
Since MacDonald was convicted of the murders in 1979, considerable evidence of his innocence has come to light. Most recently, retired US Marshall Jimmy Britt came forward with information that another suspect in the case, Helena Stoeckley, admitted to the prosecutor that she was in the house on the night of MacDonald’s murder and that he treated to indict her for first degree murder if she admitted that in court. In addition, DNA testing on evidence that was recovered from the fingernails scrapings of one of the victims and a hair found under another victim did not match MacDonald. Earlier, evidence came to light that a FBI forensic examiner mislead the jury about synthetic hair evidence. MacDonald claimed the hairs were from the wig of one of the murders, but the forensic examiner incorrectly claimed they were from one of the children’s dolls.
None of this has set MacDonald free. By now, many members of the original hearing and 1979 trial are dead, including Judge Dupree. Judge James Fox, a close friend of Dupree’s and quite elderly himself, has taken over and has dismissed appeals. Recently, the 4th District Court of Appeals ordered Fox to consider new evidence, and to examine all the evidence as a whole. On Sept. 17, 2012, in Wilmington, N.C., a crowd of familiar faces assembled for a new hearing. Jeffrey MacDonald, Joe McGinniss, prosecutor James Blackburn (who went to prison himself for defrauding his clients), Wade Smith and others newer to the case gathered once again to testify.
MacDonald now waits to see if the federal judge will vacate his 33-year-old conviction. He could get an answer by the end of this year...
See interview of Wade Smith...
Subscribe to:
Posts (Atom)