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Dr. Jeffrey MacDonald Files Appeal Brief with Fourth Circuit Court

[Editor's Note: Dr Jeffrey MacDonald and his wife Kathryn have been waiting a long time for the wheels of Justice to turn in this country. This appeal may lead to his release. We hope to God that the American Judicial system finally lives up to its name and rights the great wrong that has been done to this man. Our prayers are with him, his wife, his defence team, and their many supporters who have worked tirelessly for his vindication and freedom. . ..Ken Adachi]

From: MacDonald Defense Committee <>.
July 20, 2009

Dr. Jeffrey MacDonald Files Appeal Brief with Fourth Circuit Court (July 20, 2009)


Monday, July 20, 2009 7:30 PM


Contact: Hart Miles, Attorney at Law 919-449-4717

US v. MacDonald Case No. 75-26-CR-3, 90-104-CIV-3F

RALEIGH, NC- Attorneys for Dr. Jeffrey MacDonald, a former army surgeon convicted of the murders of his wife and children in 1979, filed a brief today at the Fourth Circuit Court of Appeals, after a district court judge refused to consider new evidence regarding MacDonald’s actual innocence. Citing Judge James C. Fox’s failure to consider DNA test results, as well other significant new evidence discovered since MacDonald's trial (including a federal marshal’s account of a prosecutor’s threat to a key witness). The defense is appealing to the Fourth Circuit for a review of the evidence as a whole.

DNA tests were ordered by the Fourth Circuit in 1997; the results became available in 2006, but were not considered by the presiding district court judge, Judge Fox.

These DNA tests yielded results favorable to MacDonald’s claim of actual innocence, including a hair lodged under the fingernail of his 2 year old daughter, Kristen, which was found not to be the hair of anyone in the MacDonald family.

In April 2009, The Innocence Project filed a brief at the Fourth Circuit Court of Appeals supporting Dr. MacDonald's assertion of actual innocence.

MacDonald, 65, has now been incarcerated for almost 30 years.

Appellant's Brief for Dr. Jeffrey MacDonald Filed with Fourth Circuit Court of Appeals, NO. 08-8525, July 20, 2009 (pdf)[1].pdf

Appelant's Brief for Dr. Jeffrey MacDonald Fourth Circuit Appeal Filed on July 20, 2009 in html format (112kb)

A copy of today’s filing and case information is also available at


The Railroading of Dr. Jeffrey R. MacDonald (Oct. 1, 2005)

Radio Interview with Mrs. Kathryn MacDonald, Don Nicoloff, and Ken Adachi, July 14, 2009 14 2009 Evident_Footprints_2009-07-14.mp3

Ken Adachi's Two Part Radio Interview on the Dr Jeffrey MacDonald Case (July 11, 2009)


Subject: Mr, Jeffrey McDonald
From: Susan P
Date: Wed, July 22, 2009
To: Ken Adachi

Dear, Mr. McDonald

My thought's and prayers are with you in this fight for justice. I've read your case, for many years, and pray you succeed. I know you're innocent.I feel your pain. I wish you and your new wife the best. And will continue to pray that you are declared innocent and released as soon as possible. I have followed your case for years. I am gifted ( psychic) and have always believed and felt you were innocent. I will be watching and waiting to hear the out come. God Bless you, stay strong. I'm sorry , so sorry, you had to endure all of this for the past 37 years.

Sincerely, Susan P

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