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Kelly escorted back -- session on the docket today it is day two of a court hearing weighing potential new evidence in the infamous murder case of Jeffrey -- this -- maybe get -- -- jail folks.
The former army doctor has spent decades behind bars convicted of killing his whole family the murders were in 1970 he's been in -- and -- nine.
He's maintained his innocence all along saying it was drug crazed hippies who broke into his house killed his pregnant wife and his two young daughters.
Kyrie is in his own words in an interview roughly twenty years ago.
Did you murder your family I did not murder nor did I hurt my family in any way.
I was innocent 1970 and listen now.
That was Lars Larson saw him here at 130 doing that interview by the way.
McDonald's story has spawned at least four bucks including the best seller fatal vision as well as a made for TV movie.
But now new questions are being raised about whether his first trial was actually a fair one could this guy be getting out of jail after nearly forty years.
Joining me now Joey Jackson.
Former prosecutor and David -- criminal defense attorney this is unbelievable to me that did the judge could let him out based on what evidence David.
While Megan -- Helena Stokley she was possibly one of those drug crazed -- you referring to.
She gave a statement early on that she was there the night of the murders in fact she even describe the inside of the house.
And what happened was the prosecutor.
According to an officer was present during every -- -- if you testified for the defense.
I will prosecute you.
That's witness intimidation that's a felony that's huge -- this has got to be thrown out and many of the DNA evidence which was three pairs of three different people.
That did not match doctor McDonald his wife or neither of his two daughters Megan.
That is also big there was that that technology obviously didn't exist in the 1970s.
It exists now I don't see any way now that the judge does not simply throw these charges out and release is doctor after more than 42 years.
Oh he claimed that -- bad men came in -- that the men and and the woman in the floppy hat which is this allegedly according to defense this woman came in beat him unconscious.
And that they found the word pig scrawled in blood on -- headboard in his home which neared the Manson cult murders.
The prosecutor said he staged it all to murder his own family.
Now he claims it was this woman in the floppy hat was this drug addict who wanted to testify at trial but was threatened by prosecutors got a federal Marshal.
Who apparently backs up that's.
-- -- let's dissect all that first let's talk about the three strands of DNA does a lot of misconceptions about DNA and what the limitations -- DNA doesn't tell us how something got there.
Or when -- got they aren't so therefore we don't know whether the DNA is DNA of the police were investigating people who work.
The big -- in the home at some other time they -- there it doesn't outlets that so we cannot overly rely upon that.
Let's address the issue of the new witness Helena Stokley who is now dead.
Let's be clear that she was a heroin addict who made multiple inconsistent stories told multiple stories to the police and indeed admitted on the night of the murders that she was high on heroin.
-- -- -- On marijuana on opium so she certainly -- not credible as to the last point concerning the deputy that you mention.
The deputy -- a quarter of a century to come forward and say.
Something's burning in my heart I have to get this out.
Why not come -- known and -- that's not enough you -- and let it -- about you wait days when you look at the deputy he gave inconsistent statements in terms of what Stokley told him when she told them how she told them and so this is bought from a slam dunk.
For -- the defense.
Said the problem for the defense and among others David is that that.
Neither the woman in the floppy cattle -- -- the alleged woman the drug addict nor the federal Marshal who -- he overheard the prosecutor threatened her.
Are a life.
That both excitement and Dumars is dead the woman's dead so how did they get this -- to get this evidence to persuaded Jackson throughout that conviction.
Well they gave sworn statements Megan and -- -- -- Stokley has been -- since 1983.
And the ops instead as well.
That prosecutor I might add was convicted of embezzlement of crime of moral turpitude in 1993 sort of top it off.
You have that evidence against him that he's got serious credibility problems -- it's not perfect -- It's -- he's absolutely right historically -- can't did what she said about being inside the home.
But the initial statement was very clear that she described the inside of the house.
Ed Ed and different things that -- -- near the murders seem.
Yeah -- hobby horse he accurately described -- out there so how did you know descriptions Joey what is likely to happen now what.
Is this this is just deciding whether to let him out Scot free right now.
Yeah and the judge is making a determination as to whether there's enough evidence to indeed just throw out the conviction.
But in looking at that -- I also think we have to look at the surrounding circumstances of how it occurred.
He and his pregnant wife is -- 37 times she stamped with an ice pick she stabbed with a night you look at the children five precious children and to their blood convinced that he has one single stamp won't have any talks about -- he -- he had his pajama top his pajama top has all these dabbled in -- -- -- -- -- -- yeah I I break.
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