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 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:
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.]
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]
Whi
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.
[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: