STORY: "Judge in Jeffrey MacDonald hearing weighs next steps," by reporter Anne Blythe, published by the News and Observer (Raleigh) on September 25, 2012.
GIST: " In a federal courtroom overlooking one of North Carolina's longest rivers, the judge presiding over Jeffrey MacDonald's latest request for freedom acknowledged being in uncharted waters Tuesday. James C. Fox, a senior judge for the U.S. Eastern District of North Carolina, voiced his discomfort to prosecutors and defense attorneys at the close of a hearing where MacDonald's lawyers are seeking to vacate his 1979 conviction for killing his wife and two young daughters. The late Franklin Dupree was the judge during the 1979 trial and for many of MacDonald's post-trial proceedings. But Dupree died in 1995, and Fox now must decide what path the case takes next on its tortuous legal journey. The 4th U.S. Circuit of Appeals sent the MacDonald case back to Fox's courtroom, telling him he needed to consider claims about new DNA evidence in the context of all the evidence. The appeals court did not elaborate on the meaning of "all the evidence." "I want to get it settled in my mind what we're doing and where we're going," Fox told lawyers late Tuesday after they offered closing arguments for why he should or shouldn't grant MacDonald's request to vacate the verdict. "That issue is not exactly in focus for me.".........Judge Fox said he would give the defense team up to 60 days after receiving a transcript of the proceedings to write briefs about anything else they needed to say. The prosecution, Fox said, could have up to 60 days after that to respond."
http://www.mcclatchydc.com/2012/09/25/169700/judge-in-macdonald-hearing-weighs.html
GIST: " In a federal courtroom overlooking one of North Carolina's longest rivers, the judge presiding over Jeffrey MacDonald's latest request for freedom acknowledged being in uncharted waters Tuesday. James C. Fox, a senior judge for the U.S. Eastern District of North Carolina, voiced his discomfort to prosecutors and defense attorneys at the close of a hearing where MacDonald's lawyers are seeking to vacate his 1979 conviction for killing his wife and two young daughters. The late Franklin Dupree was the judge during the 1979 trial and for many of MacDonald's post-trial proceedings. But Dupree died in 1995, and Fox now must decide what path the case takes next on its tortuous legal journey. The 4th U.S. Circuit of Appeals sent the MacDonald case back to Fox's courtroom, telling him he needed to consider claims about new DNA evidence in the context of all the evidence. The appeals court did not elaborate on the meaning of "all the evidence." "I want to get it settled in my mind what we're doing and where we're going," Fox told lawyers late Tuesday after they offered closing arguments for why he should or shouldn't grant MacDonald's request to vacate the verdict. "That issue is not exactly in focus for me.".........Judge Fox said he would give the defense team up to 60 days after receiving a transcript of the proceedings to write briefs about anything else they needed to say. The prosecution, Fox said, could have up to 60 days after that to respond."
http://www.mcclatchydc.com/2012/09/25/169700/judge-in-macdonald-hearing-weighs.html
PUBLISHER'S NOTE:
I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
