Advanced Criminal Law :: Case Studies ::
The Jeffrey MacDonald Case
Professor James R. Elkins College of Law || West Virginia University [Spring][2007]
Assignments Archives
Tuesday, January 8, 2007
A teacher's story (of some possible relevance) the course (to its existence if not to its outcome)
Introduction to the Jeffrey MacDonald Case
Comments on the purpose, nature, and method of the course (and the evaluation of your work for the course)
Photographs of the victims [Collette, MacDonald's wife, and Kimberley and Kristen, his daughters] [MacDonald Defense Committe]
The Jeffrey MacDonald Information Site -- the website where you will access the basic legal documents we will be using [bookmark the website, you will be making frequent use of it]
Monday, Jan. 15, 2007. No class.
Continue previous assignment and begin reading the Article 32 hearing transcript.
MacDonald's family was killed on February 17, 1970. We'll need to begin to focus on several fronts: (1) MacDonald's statements about the killings, (2) MacDonald's injuries, (3) the evidence gathered by the Army CID that will be used to determine whether to charge MacDonald with the murder, (4) statements (and theories) about the killings by CID officers, (5) first psychiatric evaluations ordered by the defense. The documents in which these various areas will be explored include the following:
CID Report on MacDonald's Injuries, Autopsies, and Crime Scene [on-line text]
February 20, 1970: Dr. Severt Jacobson's Statement to FBI re: MacDonald's Injuries [on-line]; March 2, 1970: Dr. Severt Jacobson's Statement to CID re: Jeffrey MacDonald's Injuries [on-line]
Physical Evidence, Crime Scene Investigation:
First Lieutenant Joseph L. Paulk, Investigating Officer, FBI Statement [on-line text]
Wednesday, January 18, 2007: Continue reading the Article 32 proceedings
What evidence provides the basis for charging Capt. MacDonald with murder?
Each work group (or individual) should select one of the following for special focus. Work up a summary of the kind that you would use to present the information to a prosecutor (or in the case of the psychiatric evidence to defense counsel).
I. MacDonald's Statements
II. Crime Scene Investigation
III. MacDonald's Injuries
IV. Crime Lab Follow-ups on the Crime Scene Investigation
IV. CID Evaluation of the Evidence (Decision to Charge MacDonald with Murder)
V. Defense Arranged Psychiatric Interview
Monday & Wednesday, January 22 & 24, 2007: Continue reading the Article 32 proceedings [Masewicz transcription]
[By the end of January you should have read all of the Article 32 hearing.]
Conifer|Sheridan|Akers :: [Tracking/referencing Cpt. MacDonald's statements] [Basic preparation for introducing/cross-examining of fingerprint evidence & wood fiber analysis]
Solomon|Lantanzzi|Hoverman :: [Basic preparation for introducing/cross-examining of fiber analysis evidence]
DeMassi|Eddy|Pratt :: [Tracking/referencing of CID evaluation of the evidence][Basic preparation for introducing/cross-examining of blood evidence]
Casto|Crumpler :: [Tracking/referencing psychiatric evidence] [Basic preparation for introducing/cross-examining of paint analysis evidence]
White|Wills :: [Basic preparation for introducing/cross-examining of blood evidence]
Whi
Haun: [Basic preparation for introducing/cross-examining of hair analysis evidence]
The background documents for the introducion and cross-examination of physical evidence will be due on Wednesday, Janauary 24. If you present articles from books, you should include a full citation of the book. (The 'full citation' requirements applies to all the materials and documents you may gather for use in this case.)
You should keep a log of all your reading, research, and analysis for the course.
Wednesday, January 24, 2007
Continue reading Article 32 proceedings.
You may want to read the statements of CID investigators Ivory, Shaw, and Grebner can be read in conjunction with their Article 32 testimony.
[possible omission in the transcript] [there is a reference in the July 31st court arguments about the testimony of Mr. Medlin -- apparently on fingerprints -- and it is possible that that testimony was given on July 30, following the Hawkins testimony, or on July 31st before counsel's arguments.]
August 1: Mildred Kassab (Judge Dupree rules that the prosecution can present evidence of extramarital affairs) (Bernard Segal's cross examination of Mildred Kassab, Colette MacDonald's mother, is required reading)
[The morning session of Aug. 7th was devoted to the playing of a tape (or some part of it) of an interview of MacDonald by CID agents, with Grebner, Ivory and Shaw. Masewicz does not include, as part of her posting of the trial transcript, a transcript of the interview. For the full interview of MacDonald, see: April 6, 1970: Jeffrey MacDonald's CID interview with Grebner, Ivory and Shaw]
August 13: Bench Conference (Motions considered at the close of the prosecution's case; defense motion to dismiss
[The August 13th Bench Conference is out of chronological order on the Masewicz website; it is listed following the testimony of Dr. Guinn]
Defense in the MacDonald Case:
August 13: Dr. Vincent Guinn (chemist; neutron activitation analysis expert; analysis of the latex rubber gloves)(Wade Smith conducts the direct examination)(cross examination by Brian Murtagh)
August 13-14: James Osterburg (forensic evidence & crime scene expert; questioning the CID gathering of fingerprints by CID agent Medlin, whose trial testimony was omitted from the Masewicz posting)(bench argument about the admissibility of Dr. Sadoff's psychiatric testimony and the form it will take)
August 14-15: Dr. John Thornton (forensics expert; testifying on the nature of the punctures holes in the MacDonald pajama tops and the Stombaugh/Green pajama puncture hole experiment)(cross examination by Brian Murtagh)
[compare Brian Murtagh's cross examination of Dr. Thorton with Bernie Segal's cross examination of Mr. Stambaugh & Ms. Green]
August 15: Dr. George Podgorny (physician testifying on the nature of MacDonald's injuries)(direct examination by Wade Smith)(cross examination by James Blackburn)
August 15: Charles Morton (criminal forensic scientist; testifying on fabric impressions on the sheet in the master bedroom)(direct examination by Bernie Segal)(cross examination by Brian Murtagh)
August 15: James Milne (an Army pilot who lived within sight of 544 Castle Drive, but did not know MacDonald or his family; saw two males and a female "wearing white sheets," all three carrying candles near his house around midnight)(cross examination by James Blackburn)
[Possible omitted testimony: In Bernard Segal's closing statement, on August 28th, there is reference to testimony by Dr. Hughes on LSD. I do not find that testimony in the Masewicz postings of the trial transcript.]
[Possible omitted testimony: In Bernard Segal's closing statement, on August 28th, there is reference to testimony by Dr. Hughes on LSD. I do not find that testimony in the Masewicz postings of the trial transcript.]
Advanced Criminal Law :: Case Studies :: 
A teacher's story (of some possible relevance) the course (to its existence if not to its outcome)
MacDonald's family was killed on February 17, 1970. We'll need to begin to focus on several fronts: (1) MacDonald's statements about the killings, (2) MacDonald's injuries, (3) the evidence gathered by the Army CID that will be used to determine whether to charge MacDonald with the murder, (4) statements (and theories) about the killings by CID officers, (5) first psychiatric evaluations ordered by the defense. The documents in which these various areas will be explored include the following: