http://www.macdonaldcasefacts.com/html/and_more.html
Judge Fox stated that if Jimmy Britt truly heard the words he ascribed to Blackburn; it still does not prove a threat by Blackburn. At the time of the interviews, Helena was without counsel and Blackburn would have been obligated to inform Helena what would happen if she testified to being present at the crime scene. The defense cannot prove that Helena would have testified differently without Blackburns alleged comments. Judge Fox is saying for the sake of argument {arguendo}, let us assume Blackburn did say he would indict Helena if she testified that she and friends were present at 544 Castle. This statement would still not be enough to exculpate MacDonald. Without being able to determine the exact context the statements are useless.
The government filed a Motion for Publication with Modifications, the order discussed herein. There was no legal precedence cited for this motion. The government filed this motion requesting that certain facts be edited into the order as Judge Fox issued it. The modifications requested included:
(1) The fact (with substantial documentation) that Helena Stoeckley was not held in Greenville Co. jail prior to being brought to Raleigh for the trial. Helena was held in the Pickens Co. jail.
(2) The fact that (with considerable documented evidence) Jimmy Britt was not the DUSM that picked Helena up in South Carolina and he was not involved in the transport of Helena to Raleigh, NC.
(3) The fact (again with proof) that DUSM Vernoy Kennedy and a female guard signed for and picked up Helena at the Pickens Co. jail the day before her meeting with the defense and then prosecutors in Raleigh.
(4) The fact (more evidence) that DUSM Kennedy met up with DUSM Dennis Meehan and Janice Meehan in the Charlotte NC area and exchanged custody of Helena. The Meehans then transported Helena to the Wake Co. jail in Raleigh NC.
The government hinted that it has additional evidence in its possession that further proves the lies and misrepresentations contained in Jimmy Britts affidavit and thus the motions related to his allegations. Jimmy Britt lied. Helena was not in his presence during the drive from S. Carolina to N. Carolina and therefore, it is impossible for her to have made the alleged confessions as contained in his affidavit. By the same token, Britts claims of having heard Helena tell Blackburn the same confession the next day during their meeting is a lie. Since Helena was not in his presence the previous day she could not have confessed to Britt, period.
Despite the defense assertions in the Motion for Certificate of Appealability (COA) on these denials, it is not an adjudicated fact that Britt was truthful in his affidavit. In fact, the truth or falsity of Britts comments are irrelevant to the rationale Judge Fox used in coming to his decisions. The Motion for COAs is denied. The motion to publish with modifications is denied except for the correction of non-substantive clerical errors in the order.