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)

Question: Do you belong in the course?

Photographs of Jeffrey MacDonald [MacDonald Defense Committee] [More MacDonald photographs]

Photographs of the victims [Collette, MacDonald's wife, and Kimberley and Kristen, his daughters] [MacDonald Defense Committee]

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:

MacDonald's Statements:

Jeffrey MacDonald's Interview with CID (Criminal Investigation Division) officers (April 6, 1970) [on-line text]

MacDonald's Injuries:

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]

CID, Physical Evidence

CID, Evaluation of Evidence

Sergeant Craig Chamberlain, CID

William F. Ivy, CID, notes [on-line]

Diagram of 544 Castle Drive [on-line]

Helena Stoeckley:

Helena Stoeckley Letter [on-line]

Chief Medical Examiner:

Dr. Russell Fisher, Chief Medical Examiner, Maryland [on-line]

Further Statements of CID officers:

Statement of Franz J. Grebner, CID (July 1, 1970) [on-line]

Statement of Robert Shaw, CID (July 5, 1970) [on-line]

Statement of William Ivory, CID (July 5, 1970)

Defense Psychiatric Reports:

Dr. Robert Sadoff's Notes, of his interview of Jeffrey MacDonald (April 21, 1970) [on-line]

Letter to Bernard Segal, MacDonald's lawyer, from Dr. Sadoff (April 23, 1970) [on-line]

Article 32 hearing [Masewicz transcription]

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.]

Group1 :: [Tracking/referencing Cpt. MacDonald's statements] [Basic preparation for introducing/cross-examining of fingerprint evidence & wood fiber analysis]

Group2 :: [Basic preparation for introducing/cross-examining of fiber analysis evidence]

Group3 :: [Tracking/referencing of CID evaluation of the evidence][Basic preparation for introducing/cross-examining of blood evidence]

Group4 :: [Tracking/referencing psychiatric evidence] [Basic preparation for introducing/cross-examining of paint analysis evidence]

Group5 :: [Basic preparation for introducing/cross-examining of blood evidence]

Group6: [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.

William F. Ivory's testimony appears in Volume 8 & Volume 9 (Masewicz transcription). Defense questioning of Ivory--July 5, 1970.

Robert B. Shaw's testimony appears in Volume 10. Shaw's statement. Defense questioning of Shaw.

Frantz J. Grebner's testimony appears in Volume 11. Defense questioning of Grebner.

(The Volume numbers refer to the Masewicz transcriptions of the Article 32 proceedings.)

Friday, January 26, 2007

Forensic materials for briefing on physical evidence gathered at the crime scene--due today.

Monday, January 29, 2007

Finish reading the Article 32 proceedings.

Read Col. Rock's report: Decision not to proceed

Wednesday, January 31, 2007

Finish reading the Article 32 proceedings.

Questions concerning the schedule for the remainder of the semester and your April in-class presentations which was outlined on Monday, January 29th.

View: "American Justice: The Green Beret Murder Mystery" (A&E Television Networks, 1998)(DVD)(approx. 50 minutes)

Please stop by my office and check with me about the review of your forensic science binders.

I will post on the website, in the next several days, a written version of the plan for the semester which I outlined to you yesterday. For those of you who are now forging on to the February readings of the MacDonald trial testimony, it can be found at: Jeffrey MacDonald Trial/Opening Statements -- 1st Witness: MP Richard Tevere -- MP Kenneth Mica -- William Ivory (CID) (with links to his full testimony)

February: Review of the Article 32 proceedings & Preliminary Reports on your April presentations.

Discussion of the MacDonald trial

Jeffrey MacDonald Trial/Opening Statements

1st Witness: MP Richard Tevere

MP Kenneth Mica

William Ivory (CID) (with links to his full testimony)

Robert Shaw (CID)

Robert Shaw (cross-examination)

July 26: Dr. Gammel (autopsy (Cross examination by Wade Smith)

July 26: Dr. Hancock (autopsies) (Cross examination by Wade Smith)

July 26: Donald Murray (FBI) (Testimony concerning photographs of MacDonald and taking hair samples at the time of the Grand Jury investigation)

July 27: Physician's Assistant (Woman Army Hospital) (Cross examination by Wade Smith)

July 27: Paul Connelly (CID

July 27: Elizabeth Ramage (classmate of Colette MacDonald)

July 27: Dr. Jacobson (surgical resident, Womack Army Hospital)

July 27 & July 30: Robert Caverly (FBI) (interview of MacDonald at Womack Army Hospital)

July 30: Dr. Merrill Bronstein

July 30: Dr. Frank Gemma (cross examination by Wade Smith)

July 30: Bennie Hawkins (CID)

July 30: Ralph Turbyfill (CID) (Fort Gordon fingerprint examiner)

July 30: Charles Cooper (CID) (admission of MacDonald's footprint)(no cross examination)

July 30: Bennie Hawkins (CID) (recalled)

[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.]

July 31: Argument on Motions (arguments involving statements by Helena Stoeckley)

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)

August 1-2: Craig Chamberlain (former CID chemist, blood stains testimony)

August 2: Larry Flinn (chemist, Fort Gordon, Criminal Investigation Laboratory; blood stains testimony)

August 2: Pamela Kalin Cochran (babysitter; lived in the next door apartment to the MacDonalds)

August 2: Terry Laber

August 2: Janice Glisson (CID)

August 6: Charles Michael Hoffman

Aug. 7: Playing of April 6, 1970 tape (cont'd) &
readings from tape & grand jury

[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 7: Paul Stombaugh (FBI) (key prosecution witness)
August 8: Paul Stombaugh (FBI)
August 9: Paul Stombaugh (FBI)

August 9-10: Shirley Green (FBI) (FBI lab; carried out the pajama top experiment)

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)

August 16: Prince Edward (P. E.) Beasley (Fayetteville policeman; regarding Helena Stoeckley)

August 17: Helena Stoeckley (direct examination by Bernard Segal)

August 17: Jane Zillioux
August 17: Jim Gaddis
August 17: Charles "Red" Underhill
August 17: Robert Brisentine
August 17: Prince Edward (P. E.) Beasley
August 17: William Posey
August 17: re: Stoeckley witnesses
August 20: Bench Conference
August 20: P. E. Beasley (recalled)
August 20: Jane Zillioux (recalled)
August 20: Charles Edward "Red" Underhill (recalled)
August 20: Wendy Rouder
August 20: William Posey (recalled)
August 20: Carmine Welch
August 20: Mary Butler
August 21: Jim Gaddis (recalled)
August 21: Diana Purkiss
August 21: Dudley Warner
August 21: Robert McGann
August 21: Paul Manson
August 21: Anthony Abbatte
August 21: Marjorie Murdock
August 21: Sharon Shaw
August 21: Steve Shea
August 21: James Williams

August 23: Jeffrey MacDonald
August 24: Jeffrey MacDonald

August 27: Dr. William P. Neal

August 27: John Dolan Myers

[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.]

August 28: Closing Arguments

March 6, 2007

Discussion of the defense case in the MacDonald trial (focusing on the prosecution's cross-examination of MacDonald and the closing arguments).

MacDonald Cross-examination | final defense witnesses | closing statements

August 23: Jeffrey MacDonald
August 24: Jeffrey MacDonald

August 27: Dr. William P. Neal

August 27: John Dolan Myers

[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.]

August 28: Closing Arguments

Wednesday, April 11: Student Class Presentation

Possible Errors Committed by the Trial Court Judge

Monday, April 16 : Student Class Presentation

Methods and Patterns in Siegal's Cross-Examinations

Psychiatric Evidence

Wednesday, April 18 :: Student Class Presentation

McDonald's Statements about the Killings

Trial Binders (Narratives/Trial Briefs/Final Papers): Due on Friday, April 20th.