New evidence cited in appeal for Jeffrey MacDonald case; court ordered review

4.2.12 WC: 191694 The second problem is that current law makes it nearly impossible to reopen a closed case on a second or third writ of habeus corpus. The “great writ” has been severely restricted by Congress, and even compelling evidence of innocence does not guarantee a new trial. In fact, when I argued an appeal from the denial of a second petition for habeus corpus—my only courtroom involvement to date in this long case—one of the judges warned me not to bring any further petitions. I told him I would be obliged to bring a further petition, if the evidence warranted it. Such new evidence has now been found, and the Court of Appeals recently ordered the district court to consider all the new “evidence as a whole.” So the case is far from over. I continue to confer on the case with Harvey Silverglate, who was MacDonald’s classmate at Princeton and who was my co-counsel in the earlier Habeus Corpus appeal. Whatever happens, I believe that Jeffrey MacDonald has not yet received a fair trial. I believe he deserves one - - and the American people deserve to know the full story, not the abbreviated one presented at the trial or the biased on presented in the book and TV movie. [update] 199 HOUSE_OVERSIGHT_017286