Surgeon convicted in killings wants new trialBy Larry O’Dell - The Associated Press
Posted : Thursday Feb 19, 2009 22:12:57 EST
RICHMOND, Va. — Lawyers for a former Green Beret convicted of the 1970 slayings of his pregnant wife and two daughters in North Carolina are asking a federal appeals court to order a new trial.
Jeffrey MacDonald is entitled to a new trial “based upon startling new evidence that he is actually innocent of the murders, and that his trial was infected with constitutional error,” his lawyers said in papers filed late Thursday with the 4th U.S. Circuit Court of Appeals.
The U.S. attorney’s office in Raleigh, N.C., did not immediately respond to a request for comment after business hours.
MacDonald, a former Fort Bragg Army surgeon, is serving three life sentences at the federal penitentiary in Cumberland, Md., for the murders of his wife, Colette, and daughters Kimberley and Kristen. The story produced the best-selling book and television miniseries “Fatal Vision.”
In 2006, the Richmond-based federal appeals court ruled that MacDonald could seek a new trial in U.S. District Court based on retired U.S. Marshal Jim Britt’s claim that he heard a federal prosecutor coerce a star witness to lie in MacDonald’s trial.
Rest of article at:
http://armytimes.com/news/2009/02/ap_macdonald_slayings_021909/%2e