Aired March 14, 2006
BARRY SCHECK, CO-FOUNDER, INNOCENCE PROJECT: Yes.
KING: Do you believe Jeffrey MacDonald is innocent?
SCHECK: Well, I think that what's become clear from the evidence that has been adduced since the trial is I don't think he got a fair trial. You know, I'm not somebody that can tell you except in a case where there's a DNA test that can absolutely prove who did it or who didn't, anything about guilt or innocence with that kind of certainty.
It's not that kind of case. It's a circumstantial evidence case. But what I can tell you, Larry, is that these DNA results are good. The fingernail of Kristen, which had the hair on it that had a root, that's helpful evidence. There's a long pubic hair, it was described as a pubic hair, that was found between Colette's legs
That is unmatched, that's a third party's hair. And then there's another one in a bed sheet. The fact that there were some of his hairs found on or in her hand doesn't mean much, because he was trying to resuscitate her.
But what you really have to focus on and I think Kathryn said it well is that the Fourth Circuit Court of Appeals, federal circuit, has finally remanded this case for a hearing. And the key piece of evidence is the show you did before, it's that Marshal Britt, who has said that the prosecutor in this case, Mr. Blackburn, intimidated Stoeckley so she suddenly said she had amnesia and did not corroborate MacDonald's statement, which he made right away about the woman in the floppy hat and the others who came in and committed the crime.
The fact that this man is coming forward, that he made prior consistent statements to others about what he saw the prosecutor did, is very, very disturbing to the courts. It's extremely unusual that a case like this would be remanded for this kind of an evidentiary hearing.
The DNA evidence is going to help him. But all of a sudden, what happens now is that lots of other evidence has been built up over time, will also help. The fact that there are a number of unmatched fingerprints at the crime scene, 17 of them -- 11 fingerprints, some palm prints.
The fact that there were these unmatched black fibers that were on the murder weapon and on Colette, which again are consistent with the third party theory. All these other pieces of evidence, the long blonde wig hair that was found at the scene, all of a sudden all can be considered at one time in this evidentiary hearing in front of the judge. So I think he's got a real good shot.
KING: Would it be a new trial?
SCHECK: Yes, it would be a new trial. But it's hard to see how he could be retried again after all these years. In order for him to have gotten to this stage, the Fourth Circuit has to believe that there's very good, new, substantial evidence consistent with his innocence, consistent with showing that he got an unfair trial.
And if Britt is believed at evidentiary hearing and Blackburn, who after all was disbarred and pled guilty to an embezzlement and obstruction of justice, is not believed, which is something that could very well happen given these facts, Jeffrey MacDonald has a good chance.
Because when you add this new DNA, you look at the fiber evidence, you look at the old fingerprint evidence, you look at the wig hairs, you look at all these things that are built up over time, it raises some serious concerns about this case.
http://transcripts.cnn.com/TRANSCRIPTS/0603/14/lkl.01.html
