Court Records


April 5, 1984

United States District Court
Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence

Contents

  • Memorandum of Points and Authorities; Facts
  • A. Dr. Brussel's analysis of physical evidence
    B. The Government's designation of Dr. Brussel as a psychiatric expert
    C. Dr. Brussel's examination of Dr. MacDonald
    D. The cross-examination of Dr. MacDonald

  • Arguments I and II:
  • I. Under Federal Law, Sentences Imposed in Violation of the Constitution Must Be Vacated
    II. Dr. MacDonald's Right to Counsel Was Violated by the Brussel Interview

  • Note: No Arguments III or IV appear in the Topical Index

  • Argument V:
  • The Government's Interference With Dr. MacDonald's Right to Counsel Was Prejudicial to Dr. MacDonald

  • Argument VI:
  • As the Government's Interference With Dr. MacDonald's Right to Counsel Was Intentional, No Prejudice Need Be Shown

Signed April 3, 1984
Filed April 5, 1984 per Letter from Harvey Silverglate, p. 3


Cover page, Topical Index and Table of Authorities

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, cover page
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, cover page
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, Topical Index
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, Topical Index
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, Table of Authorities
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, Table of Authorities


Motion by Jeffrey MacDonald to Vacate Sentence

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 1 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 1 of 32


Memorandum of Points and Authorities

Facts

A. Dr. Brussel's analysis of physical evidence

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 2 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 2 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 3 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 3 of 32


B. The Government's designation of Dr. Brussel as a psychiatric expert

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 4 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 4 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 5 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 5 of 32


C. Dr. Dr. Brussel's examination of Dr. MacDonald

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 6 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 6 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 7 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 7 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 8 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 8 of 32


D. The cross-examination of Dr. MacDonald

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 9 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 9 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 10 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 10 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 11 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 11 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 12 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 12 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 13 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 13 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 14 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 14 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 15 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 15 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 16 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 16 of 32


Arguments I and II
I. Under Federal Law, Sentences Imposed in Violation of the Constitution Must Be Vacated
II. Dr. MacDonald's Right to Counsel Was Violated by the Brussel Interview

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 17 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 17 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 18 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 18 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 19 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 19 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 20 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 20 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 21 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 21 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 22 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 22 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 23 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 23 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 24 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 24 of 32


Argument V
The Government's Interference With Dr. MacDonald's Right to Counsel Was Prejudicial to Dr. MacDonald

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 25 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 25 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 26 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 26 of 32


Argument VI
As the Government's Interference With Dr. MacDonald's Right to Counsel Was Intentional, No Prejudice Need Be Shown

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 27 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 27 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 28 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 28 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 29 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 29 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 30 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 30 of 32


Conclusion

April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 31 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 31 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina<br><br>Motion by Jeffrey MacDonald to Vacate Sentence, p. 32 of 32
April 5, 1984: United States District Court, Eastern District of North Carolina

Motion by Jeffrey MacDonald to Vacate Sentence, p. 32 of 32