1 00:00:10,833 --> 00:00:13,533 (ringing) 2 00:00:31,533 --> 00:00:34,400 (phone ringing) 3 00:01:06,033 --> 00:01:09,000 POSEY: I said, "Well, were you there? Did you do it?" 4 00:01:09,066 --> 00:01:10,466 You know. And she said, "I was there, 5 00:01:10,533 --> 00:01:12,033 you know, but I didn't do nothin'." 6 00:01:15,833 --> 00:01:20,200 BEASLEY: She said, "Then I went from one room to the next... 7 00:01:20,266 --> 00:01:21,866 "and I saw the children 8 00:01:21,933 --> 00:01:25,000 in each bedroom, and they appeared to be dead." 9 00:01:26,800 --> 00:01:31,266 GADDIS: We caught her for possession of drugs. 10 00:01:31,333 --> 00:01:34,366 On the way down to booking, she said that 11 00:01:34,433 --> 00:01:36,700 she was involved in a murder 12 00:01:37,371 --> 00:01:39,705 in Fayetteville, North Carolina. 13 00:01:45,538 --> 00:01:49,105 BRISENTINE: What we have here is a gal who screwed up. 14 00:01:51,005 --> 00:01:54,338 You could never call her a liar. 15 00:01:54,405 --> 00:01:56,871 But you can't call her 16 00:01:56,938 --> 00:01:58,705 a truth‐teller, either. 17 00:01:58,771 --> 00:02:00,971 ♪♪ ♪♪ 18 00:02:02,438 --> 00:02:05,205 MORRIS: Helena Stoeckley is what makes this story 19 00:02:05,271 --> 00:02:07,171 so deeply bizarre. 20 00:02:07,238 --> 00:02:10,238 She didn't confess to one person... 21 00:02:10,305 --> 00:02:12,005 or two people... 22 00:02:12,071 --> 00:02:15,205 or three people or four people. 23 00:02:15,271 --> 00:02:16,771 She confessed... 24 00:02:16,838 --> 00:02:20,671 many, many, many, many times 25 00:02:20,738 --> 00:02:23,305 over a decade. 26 00:02:23,371 --> 00:02:25,371 ♪♪ ♪♪ 27 00:02:30,138 --> 00:02:32,305 The wife and two young daughters of an Army doctor 28 00:02:32,371 --> 00:02:35,771 were found dead in their home in Fort Bragg, North Carolina. 29 00:02:35,838 --> 00:02:38,238 SAM DONALDSON: You may remember the crime back in 1970. 30 00:02:38,305 --> 00:02:40,305 One of America's most sensational murder cases. 31 00:02:40,371 --> 00:02:41,805 One of the most bizarre murder cases. 32 00:02:41,871 --> 00:02:43,805 DAN RATHER: The most complicated murder case 33 00:02:43,871 --> 00:02:45,271 ‐in history. ‐MacDonald says the murderers 34 00:02:45,338 --> 00:02:47,805 were three men and a woman shouting, 35 00:02:47,871 --> 00:02:51,171 "Acid is great. Kill all the pigs." 36 00:02:51,238 --> 00:02:53,838 It's a baffling story the more you begin to look into it. 37 00:02:53,905 --> 00:02:56,305 Jeffrey MacDonald's life became the subject of a book. 38 00:02:56,371 --> 00:02:57,571 BARBARA WALTERS: A popular miniseries. 39 00:02:57,638 --> 00:03:00,438 A television movie called Fatal Vision. 40 00:03:00,505 --> 00:03:02,638 REPORTER: The best‐seller portrayed MacDonald 41 00:03:02,705 --> 00:03:03,938 as a cold‐blooded killer. 42 00:03:04,005 --> 00:03:05,805 REPORTER 2: Today, MacDonald was sentenced 43 00:03:05,871 --> 00:03:07,605 to three life terms in prison. 44 00:03:09,005 --> 00:03:11,771 MAN: Something really, really bad happened here. 45 00:03:11,838 --> 00:03:13,171 It was a miscarriage of justice. 46 00:03:13,238 --> 00:03:15,905 I cannot overcome Fatal Vision. 47 00:03:15,971 --> 00:03:17,838 MORRIS: What happens when a narrative 48 00:03:17,905 --> 00:03:20,171 takes the place of reality? 49 00:03:20,238 --> 00:03:23,038 It's almost as if nothing really happened in history 50 00:03:23,105 --> 00:03:26,971 unless it has been recorded in a movie 51 00:03:27,038 --> 00:03:28,438 or in a television series. 52 00:03:28,505 --> 00:03:30,905 WOMAN: A new book by acclaimed author and filmmaker 53 00:03:30,971 --> 00:03:33,071 Errol Morris says that the case 54 00:03:33,138 --> 00:03:34,938 may be more complicated than previously thought. 55 00:03:35,005 --> 00:03:38,171 MacDONALD: I did not hurt my wife or my children. 56 00:03:38,238 --> 00:03:39,838 HELENA: That evening I was wearing 57 00:03:39,905 --> 00:03:41,971 a blonde wig and a floppy hat. 58 00:03:42,038 --> 00:03:45,005 ‐MAN: An innocent man is in jail today. ‐MILDRED: The man is guilty 59 00:03:45,071 --> 00:03:47,105 ‐as can be. ‐I am innocent. 60 00:03:47,171 --> 00:03:49,038 He's lucky I haven't gone out and killed him. 61 00:03:49,105 --> 00:03:51,171 MacDONALD: I am not that monster. 62 00:03:59,038 --> 00:04:00,538 NEWSMAN: In Raleigh, North Carolina, 63 00:04:00,605 --> 00:04:02,371 a former Army doctor is on trial 64 00:04:02,438 --> 00:04:04,705 for the murder of his family back in 1970. 65 00:04:04,771 --> 00:04:08,271 ♪♪ ♪♪ 66 00:04:08,338 --> 00:04:10,005 NEWSWOMAN: This is the second time 67 00:04:10,071 --> 00:04:12,438 Dr. MacDonald has been charged with the murders. 68 00:04:12,505 --> 00:04:15,171 DAN RATHER: A federal prosecutor once called it 69 00:04:15,238 --> 00:04:18,305 the most complicated murder case in history. 70 00:04:18,371 --> 00:04:19,838 I'm not gonna be found guilty. 71 00:04:19,905 --> 00:04:22,005 I didn't see any evidence that pointed to that, 72 00:04:22,071 --> 00:04:25,171 and I know what happened that night, and I'm not guilty. 73 00:04:27,105 --> 00:04:28,471 How are you today? 74 00:04:28,538 --> 00:04:30,371 FREDDY: We've gone through 75 00:04:30,438 --> 00:04:32,005 every legal means possible 76 00:04:32,071 --> 00:04:34,605 to bring this man to where we are today, 77 00:04:34,671 --> 00:04:36,205 and that is in court, 78 00:04:36,271 --> 00:04:39,171 charged with three counts of premeditated murder. 79 00:04:39,238 --> 00:04:42,138 KEELER: The start of this trial that I've been building up to 80 00:04:42,205 --> 00:04:44,138 over many years, I'm tossing and turning 81 00:04:44,205 --> 00:04:46,205 and having nightmares about being late. 82 00:04:46,271 --> 00:04:49,071 If you're an OCD person, you don't want to be late. 83 00:04:49,138 --> 00:04:52,905 SEGAL: We have already had a full and fair hearing 84 00:04:52,971 --> 00:04:55,305 in the military in 1970. 85 00:04:55,371 --> 00:04:57,305 I mean, you can't ask for more than what we did then. 86 00:04:57,371 --> 00:05:00,771 And seems to me that one trial, one proceeding is enough, 87 00:05:00,838 --> 00:05:03,338 even though I'm confident we can win again. 88 00:05:03,405 --> 00:05:05,071 ♪♪ ♪♪ 89 00:05:05,138 --> 00:05:06,671 MASEWICZ: When he got indicted, 90 00:05:06,738 --> 00:05:09,005 I was very excited. 91 00:05:10,138 --> 00:05:12,738 In my mind, it ranks right up there 92 00:05:12,805 --> 00:05:16,371 with Jack the Ripper and Sharon Tate, 93 00:05:16,438 --> 00:05:17,471 Ted Bundy. 94 00:05:17,538 --> 00:05:19,271 I‐I mean, it's right up there. 95 00:05:21,438 --> 00:05:24,738 I made an agreement with my husband. 96 00:05:24,805 --> 00:05:27,271 "I'm going to the trial." "Okay." 97 00:05:27,338 --> 00:05:29,338 ♪♪ ♪♪ 98 00:05:36,171 --> 00:05:38,305 KEELER: "At exactly 9:45 a. m., 99 00:05:38,371 --> 00:05:41,271 "MacDonald walked through the wooden doors into the modern, 100 00:05:41,338 --> 00:05:43,505 "air‐conditioned courtroom number one 101 00:05:43,571 --> 00:05:46,938 that is to be his arena for the next six to eight weeks." 102 00:05:47,005 --> 00:05:48,938 (low, indistinct chatter) 103 00:05:52,571 --> 00:05:54,238 BAILIFF: All rise. 104 00:06:01,605 --> 00:06:03,805 ♪♪ ♪♪ 105 00:06:09,471 --> 00:06:11,071 May it please the court, 106 00:06:11,138 --> 00:06:13,438 ladies and gentlemen of the jury, 107 00:06:13,505 --> 00:06:16,205 my name is Wade Smith. 108 00:06:16,271 --> 00:06:21,171 SMITH: I met Bernie a few weeks before the trial. 109 00:06:21,238 --> 00:06:23,605 He was very different from North Carolina lawyers. 110 00:06:23,671 --> 00:06:25,605 That was okay with me. 111 00:06:30,738 --> 00:06:34,071 This is a case about a family. 112 00:06:34,138 --> 00:06:37,205 It is a story of happy people. 113 00:06:38,871 --> 00:06:39,871 Yes. 114 00:06:39,938 --> 00:06:42,705 Bernie and I had discussed it. 115 00:06:42,771 --> 00:06:45,038 There was a certain way 116 00:06:45,105 --> 00:06:47,638 that North Carolina lawyers would do this. 117 00:06:48,905 --> 00:06:52,838 And I felt confident I knew how to do it. 118 00:06:54,405 --> 00:06:56,305 It's a story of good people: 119 00:06:56,371 --> 00:06:59,771 a mother, a father and two children, 120 00:06:59,838 --> 00:07:02,271 five and two. 121 00:07:02,338 --> 00:07:04,371 This was a good man. 122 00:07:04,438 --> 00:07:06,505 A loving husband. 123 00:07:06,571 --> 00:07:09,038 A father who loved his children. 124 00:07:10,305 --> 00:07:12,938 A man who would never harm his children. 125 00:07:13,005 --> 00:07:15,371 We'll show you how they had eagerly anticipated 126 00:07:15,438 --> 00:07:17,671 the arrival of a new little one. 127 00:07:19,471 --> 00:07:22,605 And then we will show you how the whole thing, 128 00:07:22,671 --> 00:07:26,038 in a matter of minutes, ended. 129 00:07:26,105 --> 00:07:27,271 Ashes. 130 00:07:28,271 --> 00:07:29,271 Ashes. 131 00:07:42,408 --> 00:07:45,341 KEELER: "In a small locked cell on the seventh floor 132 00:07:45,408 --> 00:07:46,908 "of the Federal Building here, 133 00:07:46,974 --> 00:07:48,874 "some of the most important witnesses in the case 134 00:07:48,941 --> 00:07:50,941 "of The United States v. Jeffrey R. MacDonald 135 00:07:51,008 --> 00:07:56,774 "sit in cardboard boxes, plastic bags and vials waiting. 136 00:07:56,841 --> 00:08:00,374 "Those mute witnesses‐‐ a bloody, blue pajama top 137 00:08:00,441 --> 00:08:03,774 "filled with ice pick holes, a bloody sheet, 138 00:08:03,841 --> 00:08:06,174 "pieces of floor covered with bloodstains‐‐ 139 00:08:06,241 --> 00:08:07,941 "will become the center of attention 140 00:08:08,008 --> 00:08:09,741 "as the United States seeks to prove 141 00:08:09,808 --> 00:08:12,374 "that Dr. Jeffrey MacDonald killed his wife 142 00:08:12,441 --> 00:08:15,408 and two children almost a decade ago." 143 00:08:15,474 --> 00:08:17,474 ♪♪ ♪♪ 144 00:08:20,641 --> 00:08:22,274 I wore that pajama top. 145 00:08:22,341 --> 00:08:25,408 I went to the jail cell where we kept it. 146 00:08:26,241 --> 00:08:27,908 And tried it on. 147 00:08:27,974 --> 00:08:31,174 I lay down on the, uh, sheet. 148 00:08:32,741 --> 00:08:35,108 I wanted to feel them and touch them, 149 00:08:35,174 --> 00:08:38,174 so that when I saw them at the trial 150 00:08:38,241 --> 00:08:40,508 they would be friends of mine. 151 00:08:48,308 --> 00:08:51,474 I had tried one case in my life to a jury, 152 00:08:51,541 --> 00:08:53,474 which was a misdemeanor conviction, 153 00:08:53,541 --> 00:08:55,741 of which the guy got unsupervised probation 154 00:08:55,808 --> 00:08:57,541 and $100 fine. 155 00:08:57,608 --> 00:09:01,941 Ladies and gentlemen, my name is Jim Blackburn. 156 00:09:02,008 --> 00:09:04,874 I think we're going to make it easy for you to understand 157 00:09:04,941 --> 00:09:08,841 that the circumstantial physical evidence in this case 158 00:09:08,908 --> 00:09:11,874 points swiftly and unerringly 159 00:09:11,941 --> 00:09:16,374 to the fact that one person killed his family, 160 00:09:16,441 --> 00:09:20,308 and that that person is the defendant. 161 00:09:22,641 --> 00:09:25,008 Mildred Kassab used to say she wanted the title 162 00:09:25,074 --> 00:09:27,074 of the book about the case to be 163 00:09:27,141 --> 00:09:28,308 The Blue Pajama Top, 'cause that was 164 00:09:28,374 --> 00:09:29,574 this critical piece of evidence. 165 00:09:31,541 --> 00:09:34,141 Your Honor, I would mark for identification 166 00:09:34,208 --> 00:09:37,608 government exhibit 306. 167 00:09:40,508 --> 00:09:42,941 MacDonald claimed that this pajama top 168 00:09:43,008 --> 00:09:45,974 was pulled over his head, around his wrists, 169 00:09:46,041 --> 00:09:48,141 and it was stabbed through it when MacDonald was fighting 170 00:09:48,208 --> 00:09:50,308 the intruders in the living room. 171 00:09:51,441 --> 00:09:53,641 There's a problem with that argument 172 00:09:53,708 --> 00:09:58,341 that's big enough to drive a truck through. 173 00:09:58,408 --> 00:10:01,941 We decided we were going to do a courtroom demonstration. 174 00:10:02,008 --> 00:10:04,108 I would ask you if this is a reasonable facsimile 175 00:10:04,174 --> 00:10:07,174 of the pajama top you used in any of your experiments. 176 00:10:07,241 --> 00:10:09,274 Reasonable, yes. 177 00:10:09,341 --> 00:10:11,408 This same scene is later shown 178 00:10:11,474 --> 00:10:13,341 during the TV series Fatal Vision, 179 00:10:13,408 --> 00:10:15,008 and it was perfect. 180 00:10:15,074 --> 00:10:16,808 Brian puts it around his wrists, 181 00:10:16,874 --> 00:10:18,641 and says to the jury, 182 00:10:18,708 --> 00:10:20,674 (echoing character on TV): "Putting great trust in Mr. Blackburn." 183 00:10:20,741 --> 00:10:22,974 Gonna ask him to get the ice pick 184 00:10:23,041 --> 00:10:25,241 and come over and stab him. 185 00:10:25,308 --> 00:10:26,874 Wade and Bernie are giggling, 186 00:10:26,941 --> 00:10:28,874 'cause they think this is stupid. 187 00:10:28,941 --> 00:10:32,041 (grunting) 188 00:10:32,108 --> 00:10:34,041 Two things happen immediately. 189 00:10:34,108 --> 00:10:35,274 Ow! 190 00:10:35,341 --> 00:10:38,241 I accidentally stab Brian in the wrist. 191 00:10:38,308 --> 00:10:40,374 The significance of that is, 192 00:10:40,441 --> 00:10:43,508 MacDonald had no injuries on his wrists. 193 00:10:45,141 --> 00:10:47,008 The other thing is, 194 00:10:47,074 --> 00:10:49,241 the holes shredded. 195 00:10:49,308 --> 00:10:51,341 I would ask you to examine that pajama top 196 00:10:51,408 --> 00:10:53,274 and tell us what you see. 197 00:10:54,441 --> 00:10:56,708 I see a number of tears, 198 00:10:56,774 --> 00:10:59,641 and they do appear to be, in fact, tears. 199 00:10:59,708 --> 00:11:03,341 There were 48 holes in MacDonald's blue pajama top, 200 00:11:03,408 --> 00:11:05,774 and they were perfectly round. 201 00:11:07,808 --> 00:11:09,641 The other side quit giggling. 202 00:11:09,708 --> 00:11:11,641 During the course of this trial, 203 00:11:11,708 --> 00:11:14,574 we are going to show you, ladies and gentlemen, 204 00:11:14,641 --> 00:11:17,374 that those holes in that pajama top 205 00:11:17,441 --> 00:11:21,208 got in that pajama top when it was in a stationary, 206 00:11:21,274 --> 00:11:24,674 not a moving, position. 207 00:11:30,108 --> 00:11:33,041 The way you win a complicated murder trial 208 00:11:33,108 --> 00:11:34,741 is you take a complicated set of facts 209 00:11:34,808 --> 00:11:35,908 and try to make them simple. 210 00:11:35,974 --> 00:11:37,474 In the living room, 211 00:11:37,541 --> 00:11:39,574 where he said this struggle happened 212 00:11:39,641 --> 00:11:41,674 and that his pajama top was torn, 213 00:11:41,741 --> 00:11:44,941 the only thing that was found in the shag carpet 214 00:11:45,008 --> 00:11:47,041 was a piece of Christmas tinsel. 215 00:11:47,108 --> 00:11:49,208 There were no threads. 216 00:11:49,274 --> 00:11:51,441 I don't think there was a single one 217 00:11:51,508 --> 00:11:53,508 that matched that pajama top. 218 00:11:53,574 --> 00:11:56,008 But there were dozens of those threads 219 00:11:56,074 --> 00:11:59,208 found in the master bedroom. 220 00:11:59,274 --> 00:12:01,408 And, indeed, some of the threads 221 00:12:01,474 --> 00:12:05,174 in the master bedroom are found under Colette's body. 222 00:12:06,174 --> 00:12:08,308 How in the world does that happen? 223 00:12:09,741 --> 00:12:11,874 We know, from the evidence, ladies and gentlemen, 224 00:12:11,941 --> 00:12:14,208 that she fought. 225 00:12:14,274 --> 00:12:17,308 She fought mighty hard before she died. 226 00:12:24,974 --> 00:12:28,208 KIMBERLEY: Daddy! Daddy! 227 00:12:28,274 --> 00:12:33,208 BLACKBURN: You know those words, "Daddy, Daddy, Daddy, Daddy." 228 00:12:33,274 --> 00:12:35,741 I believe those words were said. 229 00:12:35,808 --> 00:12:38,474 But I think you can infer from the evidence 230 00:12:38,541 --> 00:12:41,808 that were said as Kimberley came to the master bedroom 231 00:12:41,874 --> 00:12:44,674 to find out what was going on from her father and mother. 232 00:12:47,474 --> 00:12:52,341 Threads from his pajama top are found underneath the bedding 233 00:12:52,408 --> 00:12:55,108 in Kimberley's room. 234 00:12:55,174 --> 00:12:58,674 We suggest that they came from the blue pajama top itself, 235 00:12:58,741 --> 00:13:03,508 as Kimberley MacDonald was placed in that bed. 236 00:13:07,008 --> 00:13:08,441 Colette's not dead. 237 00:13:08,508 --> 00:13:12,008 By some miracle, she is not dead. 238 00:13:13,574 --> 00:13:18,441 Colette went to protect or see what was happening to Kristen. 239 00:13:22,041 --> 00:13:23,774 After Colette went to Kristen's room, 240 00:13:23,841 --> 00:13:28,741 she was banged again with the club and fell over and bled. 241 00:13:28,808 --> 00:13:32,541 We know that at least one thread matching the pajama top 242 00:13:32,608 --> 00:13:36,008 and the splinter matching the club were found in that room. 243 00:13:39,874 --> 00:13:45,674 MacDonald took his wife Colette and laid her on the bedsheet. 244 00:13:45,741 --> 00:13:48,674 There are massive amounts of blood on that sheet. 245 00:13:48,741 --> 00:13:54,108 There's a footprint leaving that room. 246 00:13:54,174 --> 00:13:56,541 How is that footprint made? 247 00:13:56,608 --> 00:13:58,541 You can infer, from the evidence, 248 00:13:58,608 --> 00:14:03,308 that he made those footprints as he exited that room. 249 00:14:03,374 --> 00:14:06,674 MacDonald said that he never went near the sheet, 250 00:14:06,741 --> 00:14:08,008 never touched it. 251 00:14:08,074 --> 00:14:09,541 "Never touched it." 252 00:14:09,608 --> 00:14:13,374 He had his piping on his pajamas, 253 00:14:13,441 --> 00:14:16,408 is found on that sheet, in blood. 254 00:14:20,841 --> 00:14:22,908 MacDonald dumps her, really, on the floor 255 00:14:22,974 --> 00:14:25,774 in the master bedroom, over the threads that are there. 256 00:14:25,841 --> 00:14:28,008 That's why she's on top of the threads. 257 00:14:29,241 --> 00:14:31,808 Things had simply gone beyond repair. 258 00:14:31,874 --> 00:14:34,841 You can't go back and make the family happy again, 259 00:14:34,908 --> 00:14:37,374 drink liquor and watch Johnny Carson. 260 00:14:37,441 --> 00:14:40,574 It has gone too far. 261 00:14:40,641 --> 00:14:44,408 Then all bets are off and everything changes. 262 00:14:45,608 --> 00:14:49,674 Kristen is killed, stabbed over 30 times. 263 00:14:51,774 --> 00:14:54,908 And then, with Colette, he takes his pajama top off 264 00:14:54,974 --> 00:14:57,174 and puts it on her chest 265 00:14:57,241 --> 00:15:01,641 to contaminate that piece of evidence, 266 00:15:01,708 --> 00:15:05,708 as an explanation of why her blood's on that pajama top. 267 00:15:05,774 --> 00:15:08,374 And then stabs her. 268 00:15:08,441 --> 00:15:12,508 Stabs her with the ice pick through the pajama top. 269 00:15:14,341 --> 00:15:17,774 The pajama top was already on Colette's chest. 270 00:15:17,841 --> 00:15:19,808 I think you can find, from the evidence, 271 00:15:19,874 --> 00:15:22,541 that the defendant made that terrible mistake 272 00:15:22,608 --> 00:15:25,274 of stabbing Colette with the ice pick 273 00:15:25,341 --> 00:15:27,574 through that blue pajama top. 274 00:15:27,641 --> 00:15:31,141 And that is how those holes got there. 275 00:15:35,241 --> 00:15:37,408 KIMBERLEY: Daddy! Daddy! 276 00:15:37,474 --> 00:15:40,774 BLACKBURN: The sad thing about this is, 277 00:15:40,841 --> 00:15:43,308 MacDonald could've stopped. 278 00:15:48,008 --> 00:15:49,974 He didn't have to hit Kimberley. 279 00:15:50,041 --> 00:15:52,874 He didn't have to stab them. 280 00:15:52,941 --> 00:15:55,541 He could've let Kristen live. 281 00:15:55,608 --> 00:15:59,174 He absolutely could've let Kristen live. 282 00:16:01,474 --> 00:16:04,874 Now, it's true he would've lost his medical license, 283 00:16:04,941 --> 00:16:07,608 it's true he'd have been dishonorably discharged 284 00:16:07,674 --> 00:16:10,074 from the Army, it's true he'd have been criminally prosecuted 285 00:16:10,141 --> 00:16:11,741 and gone to prison in disgrace. 286 00:16:11,808 --> 00:16:14,474 But Kristen would've lived. 287 00:16:14,541 --> 00:16:18,174 That's a trade‐off that he chose not to make. 288 00:16:28,568 --> 00:16:31,987 HOST: Does it seem strange to you that after a long period, 289 00:16:31,987 --> 00:16:35,821 that no one else has been, uh, either pursued or confessed, 290 00:16:35,887 --> 00:16:38,821 uh, to this particular crime? 291 00:16:38,887 --> 00:16:40,487 It's not really quite accurate 292 00:16:40,554 --> 00:16:42,287 to say that no one has confessed. 293 00:16:47,954 --> 00:16:49,754 KEELER: "For nine years, 294 00:16:49,821 --> 00:16:51,754 "Helena Stoeckley has been an illusive specter 295 00:16:51,821 --> 00:16:53,954 "haunting the Jeffrey MacDonald murder case. 296 00:16:54,021 --> 00:16:55,887 "MacDonald's counsel Bernard L. Segal said, 297 00:16:55,954 --> 00:16:59,254 'There are a whole series of things that she will tell 298 00:16:59,321 --> 00:17:01,254 that are central to this case.'" 299 00:17:05,787 --> 00:17:07,854 MALLEY: Bernie wanted to subpoena her as a material witness. 300 00:17:07,921 --> 00:17:10,887 So they sent the FBI out to get her. 301 00:17:14,987 --> 00:17:17,554 There is an answer to this, 302 00:17:17,621 --> 00:17:21,521 and the answer has nothing to do with a pajama top. 303 00:17:25,121 --> 00:17:29,254 This was the lady in the floppy hat and the blonde wig. 304 00:17:30,654 --> 00:17:34,721 I had wanted to meet her for nine years. 305 00:17:34,787 --> 00:17:38,954 MALLEY: At some point, it became clear that the game here wasn't 306 00:17:39,021 --> 00:17:41,921 to prove that Jeff was not the kind of guy who did it, 307 00:17:41,987 --> 00:17:44,121 but to prove Helena did it. 308 00:17:44,187 --> 00:17:45,587 (indistinct chatter) 309 00:17:47,221 --> 00:17:50,021 MASEWICZ: I had heard so much about Helena Stoeckley. 310 00:17:50,087 --> 00:17:53,254 Who is this woman? 311 00:17:53,321 --> 00:17:54,987 Well, here she come. 312 00:17:55,054 --> 00:17:57,054 (hushed chatter) 313 00:17:59,687 --> 00:18:02,254 The air went out of the room. 314 00:18:02,321 --> 00:18:05,654 Everybody turned to see. 315 00:18:07,421 --> 00:18:10,154 KEELER: She was sort of weird and twitchy‐looking, 316 00:18:10,221 --> 00:18:14,254 she had this very dark, thick hair, and, you know, 317 00:18:14,321 --> 00:18:15,454 she had a face like somebody 318 00:18:15,521 --> 00:18:17,721 who's put a lot of miles on her face. 319 00:18:25,921 --> 00:18:29,187 SEGAL: Ms. Stoeckley, I want to ask you about 320 00:18:29,254 --> 00:18:30,554 the early morning hours 321 00:18:30,621 --> 00:18:34,287 of February 17 of 1970, all right? 322 00:18:34,354 --> 00:18:36,454 HELENA: Yes, sir. 323 00:18:36,521 --> 00:18:38,421 SMITH: This could be the end. 324 00:18:38,487 --> 00:18:40,421 This could be it. 325 00:18:40,487 --> 00:18:41,787 She could tell the truth. 326 00:18:41,854 --> 00:18:44,654 This case could be over. 327 00:18:44,721 --> 00:18:47,354 This man could be free. 328 00:18:47,421 --> 00:18:50,687 SEGAL: Do you have a specific recollection 329 00:18:50,754 --> 00:18:53,421 of where you were between midnight, 330 00:18:53,487 --> 00:18:59,287 or shortly after midnight, and 4:35 in the morning? 331 00:19:00,954 --> 00:19:03,154 HELENA: No, sir. 332 00:19:05,987 --> 00:19:10,121 SEGAL: Do you have any reason to believe 333 00:19:10,187 --> 00:19:13,521 that you have seen that scene before? 334 00:19:23,287 --> 00:19:25,154 No, sir. 335 00:19:25,221 --> 00:19:28,387 She absolutely, absolutely shut it down. 336 00:19:28,454 --> 00:19:31,254 SEGAL: I represent to the court that during interviews with me 337 00:19:31,321 --> 00:19:34,387 and with other persons present, she stated she had 338 00:19:34,454 --> 00:19:39,021 a recollection of standing over a body, holding a candle. 339 00:19:42,621 --> 00:19:45,021 Well, it was confounding for all of us, because... 340 00:19:45,087 --> 00:19:47,354 this was a woman that, maybe, 341 00:19:47,421 --> 00:19:50,854 could put an end to this whole thing. 342 00:19:54,554 --> 00:19:57,521 It was a very, very hard day. 343 00:19:57,587 --> 00:19:59,021 (gavel banging, hushed chatter) 344 00:19:59,087 --> 00:20:01,854 DUPREE: Call your next witness. 345 00:20:06,154 --> 00:20:08,054 NEWS ANCHOR: While Helena Stoeckley told everyone 346 00:20:08,121 --> 00:20:09,887 MacDonald was telling the truth, 347 00:20:09,954 --> 00:20:12,121 on the witness stand, her mind went blank. 348 00:20:12,187 --> 00:20:15,387 A judge later said Stoeckley's memory resembled a light bulb 349 00:20:15,454 --> 00:20:18,287 not screwed tight, blinking on and off. 350 00:20:20,154 --> 00:20:23,254 BEASLEY: I asked her if she was involved with this, uh, 351 00:20:23,321 --> 00:20:24,854 done this at Fort Bragg. 352 00:20:24,921 --> 00:20:28,021 She told me that, uh, in her mind, it seemed that she saw 353 00:20:28,087 --> 00:20:30,587 this thing happen, but she wasn't sure. 354 00:20:30,654 --> 00:20:32,054 REPORTER: Is that what she's saying now? 355 00:20:32,121 --> 00:20:34,421 Uh, she says she don't remember now. 356 00:20:34,487 --> 00:20:36,587 (gallery murmuring) 357 00:20:38,787 --> 00:20:40,154 SMITH: We pushed forward 358 00:20:40,221 --> 00:20:42,621 because we had interviewed these people 359 00:20:42,687 --> 00:20:44,854 who had talked with her over all the years. 360 00:20:48,187 --> 00:20:50,287 MORRIS: You were brought up to Raleigh. 361 00:20:50,354 --> 00:20:52,587 ‐You were subpoenaed. ‐UNDERHILL: Right. 362 00:20:52,654 --> 00:20:54,587 (gallery murmuring) 363 00:20:54,654 --> 00:20:57,854 SMITH: She had revealed to people that 364 00:20:57,921 --> 00:21:00,187 they had murdered his family. 365 00:21:06,721 --> 00:21:08,621 BRISENTINE: I was supposed to be testifying 366 00:21:08,687 --> 00:21:10,654 at the MacDonald trial 367 00:21:10,721 --> 00:21:12,221 taking place in Raleigh. 368 00:21:12,287 --> 00:21:14,287 When she said, 369 00:21:14,354 --> 00:21:18,154 ‐No. ‐"No, I wasn't there," she's 370 00:21:18,221 --> 00:21:19,921 not telling the truth. 371 00:21:19,987 --> 00:21:22,854 POSEY: And I said, "Well, were you there? 372 00:21:22,921 --> 00:21:25,254 Did you do it?" You know, and she said, "I was there. 373 00:21:25,321 --> 00:21:27,587 You know, but I didn't do nothing." 374 00:21:29,654 --> 00:21:32,054 (siren sounding) 375 00:21:32,121 --> 00:21:33,654 GADDIS: Well, I‐I got notice 376 00:21:33,721 --> 00:21:34,921 that there was a trial going on, 377 00:21:34,987 --> 00:21:36,954 and that, uh, I was subpoenaed. 378 00:21:37,021 --> 00:21:41,121 And to me, Helena was just as guilty as sin. 379 00:21:48,121 --> 00:21:50,621 I have never known Helena to lie to me. 380 00:21:50,687 --> 00:21:53,021 (distant barking) 381 00:21:53,087 --> 00:21:56,254 She had always been truthful. 382 00:21:59,587 --> 00:22:00,921 Judge Dupree could permit the jury 383 00:22:00,987 --> 00:22:03,554 to hear the things that she had said 384 00:22:03,621 --> 00:22:08,521 to all these people. That's why they were there, and 385 00:22:08,587 --> 00:22:09,954 Judge Dupree didn't permit that. 386 00:22:10,021 --> 00:22:12,521 (soft chatter) 387 00:22:15,921 --> 00:22:17,687 BLACKBURN: There are a lot of judges 388 00:22:17,754 --> 00:22:19,921 who would've let that evidence in. 389 00:22:21,621 --> 00:22:23,154 That was a surprise to me. 390 00:22:23,221 --> 00:22:25,154 (distorted conversation) 391 00:22:25,221 --> 00:22:29,021 Bernie gets into a tirade in front of him. 392 00:22:29,087 --> 00:22:30,754 How unfair he's being to him and all this stuff. 393 00:22:30,821 --> 00:22:33,454 And Dupree just listens to him, 394 00:22:33,521 --> 00:22:34,454 lets him 395 00:22:34,521 --> 00:22:35,454 go on forever. 396 00:22:35,521 --> 00:22:37,421 Wade's just in despair. 397 00:22:37,487 --> 00:22:38,487 (distorted conversation) 398 00:22:38,554 --> 00:22:42,187 SMITH: We would never get in a war 399 00:22:42,254 --> 00:22:43,254 with the judge. 400 00:22:43,321 --> 00:22:44,654 (distorted): I will not vary the rule... 401 00:22:44,721 --> 00:22:47,554 SMITH: That's not the way it was 402 00:22:47,621 --> 00:22:51,254 normally done in North Carolina. 403 00:22:59,287 --> 00:23:01,721 ♪♪ ♪♪ 404 00:23:15,554 --> 00:23:18,587 What's wrong with this picture? 405 00:23:18,654 --> 00:23:20,187 You have a witness. 406 00:23:20,254 --> 00:23:24,254 You know that she's been confessing to a lot of people, 407 00:23:24,321 --> 00:23:26,154 repeatedly. 408 00:23:26,221 --> 00:23:27,287 The judge 409 00:23:27,354 --> 00:23:29,887 and the prosecutors worked hand in hand 410 00:23:29,954 --> 00:23:32,621 to figure out a way to marginalize 411 00:23:32,687 --> 00:23:34,554 all of those witnesses, 412 00:23:34,621 --> 00:23:37,521 those so‐called hearsay witnesses, 413 00:23:37,587 --> 00:23:41,521 and they were ultimately successful. 414 00:23:42,954 --> 00:23:48,521 Didn't the jury have the right to hear this material? 415 00:23:48,587 --> 00:23:50,787 ♪♪♪♪ 416 00:23:59,762 --> 00:24:01,987 ♪♪ ♪♪ 417 00:24:04,687 --> 00:24:07,121 (indistinct chatter) 418 00:24:11,339 --> 00:24:13,706 THORNHILL: One day, they said, "We're taking a trip 419 00:24:13,773 --> 00:24:15,373 to see the apartment." 420 00:24:15,439 --> 00:24:17,973 ♪♪♪♪ 421 00:24:20,506 --> 00:24:21,439 We pull into Fort Bragg, 422 00:24:21,506 --> 00:24:23,873 and the MPs had everything roadblocked off. 423 00:24:25,473 --> 00:24:27,206 And then we pull up to the apartment, 424 00:24:27,273 --> 00:24:29,039 and there are the three major networks 425 00:24:29,106 --> 00:24:31,506 with their cameras out there. 426 00:24:33,239 --> 00:24:36,606 We said, "This is unbelievable. 427 00:24:36,673 --> 00:24:38,239 This is big‐time." 428 00:24:38,306 --> 00:24:40,339 ♪♪♪♪ 429 00:24:46,673 --> 00:24:49,406 (indistinct chatter) 430 00:24:52,906 --> 00:24:55,873 SMITH: So, you walk in. 431 00:24:55,939 --> 00:24:57,506 Over there on the wall, 432 00:24:57,573 --> 00:25:01,339 there's valentines the children had just given their dad. 433 00:25:01,406 --> 00:25:05,773 They were just where they had left 'em. 434 00:25:05,839 --> 00:25:09,606 BLACKBURN: The sofa was still there in the living room. 435 00:25:09,673 --> 00:25:12,306 The coffee table was there. 436 00:25:12,373 --> 00:25:15,473 The dishes in the drain were still there. 437 00:25:19,539 --> 00:25:24,239 THORNHILL: They'd kept this house like this for nine years. 438 00:25:24,306 --> 00:25:27,339 That was kind of a surreal situation. 439 00:25:30,606 --> 00:25:33,973 BLACKBURN: In Kimberley's room was a bookcase, 440 00:25:34,039 --> 00:25:36,039 and on top of the bookcase 441 00:25:36,106 --> 00:25:40,173 was a toy cash register and a Mickey Mouse watch. 442 00:25:40,239 --> 00:25:42,406 And Scotch‐taped to the bookcase 443 00:25:42,473 --> 00:25:44,306 was a drawing that she had made. 444 00:25:44,373 --> 00:25:46,273 Now, it wasn't a very good drawing. 445 00:25:46,339 --> 00:25:48,206 Stick figures. 446 00:25:48,273 --> 00:25:50,839 And she had signed her name, and she had misspelled her name 447 00:25:50,906 --> 00:25:53,106 and wrote "Kimbelrey." 448 00:25:58,073 --> 00:26:01,239 I think it had an impact on pretty much everybody. 449 00:26:03,106 --> 00:26:06,073 SMITH: It was a really 450 00:26:06,139 --> 00:26:09,373 moving experience, to be the first people 451 00:26:09,439 --> 00:26:12,873 to enter that house since this awful thing happened, 452 00:26:12,939 --> 00:26:16,539 and you had a feeling that‐that, 453 00:26:16,606 --> 00:26:22,339 you know, that there would be, uh, dark spirits there. 454 00:26:24,839 --> 00:26:27,439 BLACKBURN: I remember being in the master bedroom 455 00:26:27,506 --> 00:26:30,839 and MacDonald's there, just the two of us. 456 00:26:31,906 --> 00:26:33,406 And even then, nine years later, 457 00:26:33,473 --> 00:26:37,073 you could still see the word "pig" in blood. 458 00:26:42,673 --> 00:26:46,839 It began to haunt me, what had been left behind, 459 00:26:46,906 --> 00:26:50,039 why he didn't take these things. 460 00:26:50,106 --> 00:26:52,806 He took a stereo. 461 00:26:52,873 --> 00:26:55,539 He took a, uh, television set. 462 00:26:55,606 --> 00:27:01,206 He did not take any of the personal items that we saw. 463 00:27:13,806 --> 00:27:15,739 (reporters clamoring) 464 00:27:15,806 --> 00:27:17,473 Good morning. How are you? 465 00:27:17,539 --> 00:27:19,439 Hi, Rebecca. Yes. 466 00:27:19,506 --> 00:27:20,973 REPORTER: How do you feel like it's going? 467 00:27:21,039 --> 00:27:23,206 I‐It's got to have been a‐a painful experience, 468 00:27:23,273 --> 00:27:25,139 ‐this whole trial. ‐Very painful. 469 00:27:25,206 --> 00:27:28,106 ‐How would you describe it? ‐Uh, shattering. 470 00:27:28,173 --> 00:27:32,273 It's been, uh, very draining, emotionally, financially. 471 00:27:32,339 --> 00:27:35,173 Uh, opened my life up to, uh, the entire world again. 472 00:27:35,239 --> 00:27:37,173 SEGAL: Okay, I think we've got to go up in the court. 473 00:27:37,239 --> 00:27:39,339 ‐Okay. ‐Thank you. ‐Have a good day. 474 00:27:41,339 --> 00:27:42,506 (clears throat) 475 00:27:50,573 --> 00:27:55,073 BLACKBURN: The day that MacDonald testified on cross‐examination, 476 00:27:55,139 --> 00:27:58,606 I went up and touched him, touched his arm. 477 00:27:58,673 --> 00:28:00,639 And the reason I touched him was I wanted 478 00:28:00,706 --> 00:28:04,073 to realize that he was just a normal person. 479 00:28:04,139 --> 00:28:07,706 'Cause I didn't want to be intimidated by him. 480 00:28:07,773 --> 00:28:11,339 And there was a little bit of that, even so. 481 00:28:13,839 --> 00:28:16,506 Dr. MacDonald, should the jury find, 482 00:28:16,573 --> 00:28:18,873 from the evidence, that in the master bedroom there were 483 00:28:18,939 --> 00:28:24,406 60 or more sewing threads which match your blue pajama top, 484 00:28:24,473 --> 00:28:29,406 do you have, sir, any explanation for that? 485 00:28:31,439 --> 00:28:35,673 MacDONALD: No, sir, I don't have any explanation for that. 486 00:28:35,739 --> 00:28:37,539 BLACKBURN: We didn't think he was gonna confess. 487 00:28:37,606 --> 00:28:41,139 We simply wanted to wear him down. 488 00:28:41,206 --> 00:28:43,739 We wanted to get him tired. 489 00:28:43,806 --> 00:28:47,106 Dr. MacDonald, if the jury should find, from the evidence, 490 00:28:47,173 --> 00:28:49,239 that there is a fabric impression matching 491 00:28:49,306 --> 00:28:52,039 the right cuff of your blue pajama top on it, 492 00:28:52,106 --> 00:28:55,206 do you have any explanation for that? 493 00:28:56,639 --> 00:28:59,106 If the jury should find? 494 00:28:59,173 --> 00:29:01,239 No. 495 00:29:01,306 --> 00:29:03,473 It was pretty clever cross‐examination 496 00:29:03,539 --> 00:29:05,273 and it's fair cross‐examination. 497 00:29:05,339 --> 00:29:09,339 "If the jury should find that, what do you say to it?" 498 00:29:09,406 --> 00:29:11,139 Can't say anything. 499 00:29:11,206 --> 00:29:15,506 BLACKBURN: Where did you put the pajama top? 500 00:29:17,739 --> 00:29:20,573 MacDONALD: I do not recall. 501 00:29:20,639 --> 00:29:24,506 BLACKBURN: Dr. MacDonald, should the jury find, from the evidence, 502 00:29:24,573 --> 00:29:28,506 that the 48 puncture holes in your blue pajama top 503 00:29:28,573 --> 00:29:33,973 match up with the 21 puncture holes in Colette's chest, 504 00:29:34,039 --> 00:29:36,973 do you have any explanation for that? 505 00:29:39,673 --> 00:29:41,106 MacDONALD: No! 506 00:29:41,173 --> 00:29:43,773 (indistinct whispering) 507 00:29:43,839 --> 00:29:45,339 MASEWICZ: I thought 508 00:29:45,406 --> 00:29:46,473 that he was gonna get up 509 00:29:46,539 --> 00:29:49,073 and‐and poke the prosecutor in the face. 510 00:29:49,139 --> 00:29:51,106 I mean, he got so mad. 511 00:29:51,173 --> 00:29:54,439 I mean, he got beet, beet red in the face. 512 00:29:54,506 --> 00:29:56,473 What kind of person would kill their wife? 513 00:29:56,539 --> 00:29:59,539 An angry, irritated person, you know? 514 00:29:59,606 --> 00:30:02,873 BLACKBURN: Your Honor, that concludes the government's cross‐examination. 515 00:30:02,939 --> 00:30:05,106 (gallery whispering) 516 00:30:15,473 --> 00:30:18,339 His story of what happened in that house that night 517 00:30:18,406 --> 00:30:20,773 completely disintegrated and fell apart. 518 00:30:20,839 --> 00:30:23,273 In other words, the way he says 519 00:30:23,339 --> 00:30:26,139 the murders occurred, the way he was attacked, 520 00:30:26,206 --> 00:30:29,306 just did not stand up under scrutiny. 521 00:30:29,373 --> 00:30:30,806 REPORTER: Mrs. Kassab, what would you like 522 00:30:30,873 --> 00:30:32,273 to see happen to Dr. MacDonald? 523 00:30:32,339 --> 00:30:34,839 Well, I would like to see him imprisoned. 524 00:30:36,706 --> 00:30:39,373 Okay, you know, st‐‐ you better stop before you guys get, 525 00:30:39,439 --> 00:30:41,073 you know, bowled over. 526 00:30:41,139 --> 00:30:43,506 (sighs) 527 00:30:43,573 --> 00:30:46,239 REPORTER 2: How do you think it went today? 528 00:30:46,306 --> 00:30:48,706 ‐Bernie or me? ‐Both of you. ‐You. 529 00:30:48,773 --> 00:30:51,939 I was being cross‐examined today, uh, by a government 530 00:30:52,006 --> 00:30:54,506 who really doesn't have a theory about the case, 531 00:30:54,573 --> 00:30:57,239 and they were asking me to supply them with the theory. 532 00:30:57,306 --> 00:30:59,039 I could not do that on cross‐examination. 533 00:30:59,106 --> 00:31:00,373 I don't think I'm hurt by that. 534 00:31:00,439 --> 00:31:02,406 They presented, uh, the identical case 535 00:31:02,473 --> 00:31:06,973 that was presented in 1970, and, uh, Colonel Rock in 1970 536 00:31:07,039 --> 00:31:08,839 found me not, you know, not guilty, 537 00:31:08,906 --> 00:31:10,539 and this jury's gonna find me not guilty. 538 00:31:10,606 --> 00:31:12,006 I am innocent. 539 00:31:18,266 --> 00:31:24,339 With all my heart, with all the sincerity that I feel, 540 00:31:24,406 --> 00:31:27,006 I tell every one of you 541 00:31:27,073 --> 00:31:31,039 that Jeffrey MacDonald did not kill his family. 542 00:31:42,173 --> 00:31:45,173 THORNHILL: When Bernie came up, I really thought, 543 00:31:45,239 --> 00:31:48,406 if anybody could've gotten him off on this situation, 544 00:31:48,473 --> 00:31:50,206 that man could've done it. 545 00:31:50,273 --> 00:31:53,239 We were still giving him the benefit of the doubt. 546 00:32:04,473 --> 00:32:06,139 KEELER: Bernie did what Bernie does, 547 00:32:06,206 --> 00:32:09,539 you know, he‐he went over all of the pieces of, uh, 548 00:32:09,606 --> 00:32:13,406 uh, evidence, and tried to put the spin on them that they want 549 00:32:13,473 --> 00:32:16,673 to put on them all throughout the cross‐examination. 550 00:32:16,739 --> 00:32:19,239 ‐SEGAL: Just in case... ‐BLACKBURN: And then he goes off, 551 00:32:19,306 --> 00:32:21,973 lecturing about the meaning of reasonable doubt, 552 00:32:22,039 --> 00:32:23,939 and circumstantial evidence and all this stuff. 553 00:32:24,006 --> 00:32:25,639 Well, the judge is gonna do that. 554 00:32:25,706 --> 00:32:27,339 I think that's wasting his time. 555 00:32:27,406 --> 00:32:29,373 SEGAL: Or if you feel, beyond a reasonable doubt 556 00:32:29,439 --> 00:32:32,039 that this was Jeffrey MacDonald's intent... 557 00:32:32,106 --> 00:32:35,473 ...would stab himself in the place he did... 558 00:32:35,539 --> 00:32:38,139 I don't th‐‐ remember him stopping for a‐a sip of water. 559 00:32:38,206 --> 00:32:41,806 He kept going and going and going. It‐it was amazing. 560 00:32:45,873 --> 00:32:48,206 Bernie just got all wound up. 561 00:33:00,606 --> 00:33:02,839 (Segal speaking distantly) 562 00:33:03,873 --> 00:33:06,039 (snoring) 563 00:33:09,506 --> 00:33:12,773 I was to take an hour, 564 00:33:12,839 --> 00:33:16,673 and, uh, my‐my argument was to come last. 565 00:33:16,739 --> 00:33:18,473 ...at the end of October of 1970... 566 00:33:18,539 --> 00:33:21,039 SMITH: And I worked hard on that argument, 567 00:33:21,106 --> 00:33:24,339 and I was ready to give that argument. 568 00:33:24,406 --> 00:33:27,439 BLACKBURN: Judge Dupree didn't stop Bernie. 569 00:33:27,506 --> 00:33:29,139 We didn't take a restroom break. 570 00:33:29,206 --> 00:33:32,706 SMITH: Judge Dupree tapped 571 00:33:32,773 --> 00:33:34,506 his desk with a pencil. 572 00:33:34,573 --> 00:33:36,806 (pencil tapping) 573 00:33:42,639 --> 00:33:44,839 He took all of our time. 574 00:33:46,306 --> 00:33:48,973 And I sat there and realized it was happening, 575 00:33:49,039 --> 00:33:51,639 but he‐he was... he was first chair. 576 00:33:51,706 --> 00:33:54,939 I didn't really feel like it would be appropriate 577 00:33:55,006 --> 00:33:56,806 for me to get up and walk over 578 00:33:56,873 --> 00:34:00,206 and tap him on the shoulder and say, "How about my time?" 579 00:34:09,106 --> 00:34:10,873 BLACKBURN: We take a break. 580 00:34:10,939 --> 00:34:12,239 So I turn to Wade, 581 00:34:12,306 --> 00:34:14,406 and MacDonald's standing there with us. 582 00:34:14,473 --> 00:34:19,039 I said, "Wade, if you will tell the jury that I did this, 583 00:34:19,106 --> 00:34:23,373 I will give you ten minutes of my time." 584 00:34:24,673 --> 00:34:27,239 Jim Blackburn gave me ten minutes, 585 00:34:27,306 --> 00:34:29,039 which was one of the smartest things 586 00:34:29,106 --> 00:34:31,239 he's ever done in his life, 587 00:34:31,306 --> 00:34:34,973 because that was viewed as so, so kind. 588 00:34:35,039 --> 00:34:37,039 Well, it was kind. 589 00:34:38,506 --> 00:34:43,139 What an opportunity it was for me to try 590 00:34:43,206 --> 00:34:45,406 to do something with ten minutes. 591 00:34:45,473 --> 00:34:47,973 (chuckles) 592 00:35:10,339 --> 00:35:14,039 He got the jury quiet for the first time that afternoon. 593 00:35:28,239 --> 00:35:30,239 (pencil tapping) 594 00:35:52,111 --> 00:35:55,906 Bob Jimenez, NBC News, Raleigh, North Carolina. 595 00:36:00,273 --> 00:36:02,673 SMITH: I have a certain thing I do 596 00:36:02,739 --> 00:36:04,939 when a jury's out. 597 00:36:05,006 --> 00:36:08,206 I don't ever just 598 00:36:08,273 --> 00:36:12,473 talk with folks out in the hall while they're waiting. 599 00:36:12,539 --> 00:36:14,373 Uh, I don't... I don't do that. 600 00:36:14,439 --> 00:36:19,206 I don't bring something to work on while they're deliberating. 601 00:36:19,273 --> 00:36:22,339 I don't bring a book to read. 602 00:36:22,406 --> 00:36:25,173 I sit... like this, 603 00:36:25,239 --> 00:36:27,573 and I send them messages. 604 00:36:27,639 --> 00:36:30,673 I think... hard. 605 00:36:30,739 --> 00:36:33,473 Who knows. It may work. 606 00:36:36,273 --> 00:36:38,773 KEELER: I don't think we left the hall 607 00:36:38,839 --> 00:36:40,106 the whole time. It wasn't that long. 608 00:36:40,173 --> 00:36:41,606 I think it was about‐‐ what‐‐ 609 00:36:41,673 --> 00:36:43,073 six hours or something like that, 610 00:36:43,139 --> 00:36:45,206 which is, after a six‐week trial, 611 00:36:45,273 --> 00:36:48,606 you know, that's not a lot. 612 00:36:48,673 --> 00:36:50,873 We took our... 613 00:36:51,673 --> 00:36:53,873 (muffled whimper) 614 00:36:58,473 --> 00:37:00,206 Sorry. It, uh... 615 00:37:00,273 --> 00:37:02,939 Aah! We took our final vote, 616 00:37:03,006 --> 00:37:04,806 and it was 12‐0. 617 00:37:04,873 --> 00:37:07,439 And, uh, that place was... 618 00:37:07,506 --> 00:37:09,206 It was unbelievable. 619 00:37:09,273 --> 00:37:11,939 The atmosphere in there was‐was just... 620 00:37:12,006 --> 00:37:14,006 Uh, you could cut it with a knife. 621 00:37:14,073 --> 00:37:16,873 Within a split second, women were crying. 622 00:37:16,939 --> 00:37:19,006 And it was like, "Good. This is real." 623 00:37:19,073 --> 00:37:21,373 This was... this was real. 624 00:37:21,439 --> 00:37:23,173 (sniffles) 625 00:37:23,239 --> 00:37:26,839 FREDDY: The only way I can describe MacDonald 626 00:37:26,906 --> 00:37:28,839 is that he is a true psychopath. 627 00:37:28,906 --> 00:37:31,473 He killed Colette and the children, 628 00:37:31,539 --> 00:37:32,739 and he should pay for it. 629 00:37:32,806 --> 00:37:33,873 Are you supposed to sit back 630 00:37:33,939 --> 00:37:36,339 and do nothing about it? 631 00:37:36,406 --> 00:37:40,273 He's lucky I haven't gone out and killed him. 632 00:37:46,606 --> 00:37:48,839 MALLEY: When we went back for the verdict, 633 00:37:48,906 --> 00:37:51,206 Jeff was wearing a bulletproof vest, 634 00:37:51,273 --> 00:37:54,939 which was Bernie's idea, on the theory 635 00:37:55,006 --> 00:37:56,973 that Freddy was... had said, 636 00:37:57,039 --> 00:37:58,439 "You know, I'm gonna kill him." (mumbles) 637 00:37:58,506 --> 00:38:00,439 Freddy had said all sorts of things about that. 638 00:38:09,373 --> 00:38:11,373 (door squeaks open) 639 00:38:15,273 --> 00:38:17,473 BLACKBURN: Nobody came through the door. 640 00:38:19,573 --> 00:38:21,973 It seemed like an hour. 641 00:38:26,339 --> 00:38:27,439 The first juror 642 00:38:27,506 --> 00:38:30,606 almost stumbles into the courtroom, 643 00:38:30,673 --> 00:38:32,806 weeping. 644 00:38:32,873 --> 00:38:35,939 The second juror still isn't in, 645 00:38:36,006 --> 00:38:38,006 and comes in behind her, 646 00:38:38,073 --> 00:38:40,839 crying, also. 647 00:38:43,306 --> 00:38:45,506 He says, "Have you reached a verdict?" "We have." 648 00:38:45,573 --> 00:38:50,039 And he hands it up to the clerk... 649 00:38:50,106 --> 00:38:53,006 who hands the verdict to Judge Dupree. 650 00:38:55,006 --> 00:38:57,806 Judge Dupree opens it, 651 00:38:57,873 --> 00:39:00,473 and I recall that he looked at me. 652 00:39:01,739 --> 00:39:04,273 He didn't nod. He just looked at me. 653 00:39:04,339 --> 00:39:07,473 CLERK: Will the jurors please stand? 654 00:39:09,773 --> 00:39:12,639 How do you find as to count one? 655 00:39:12,706 --> 00:39:14,739 Is the defendant, Jeffrey R. MacDonald, 656 00:39:14,806 --> 00:39:19,406 guilty or not guilty as to murder in the first degree? 657 00:39:22,473 --> 00:39:24,973 JURORS: Not guilty. 658 00:39:25,039 --> 00:39:28,006 Count one, against Colette MacDonald, 659 00:39:28,073 --> 00:39:30,373 murder in the first degree‐‐ how do you find? 660 00:39:30,439 --> 00:39:31,673 Not guilty. 661 00:39:31,739 --> 00:39:33,439 And then, how do you find with the respect 662 00:39:33,506 --> 00:39:36,239 to guilty, murder in the second degree? 663 00:39:36,306 --> 00:39:39,106 JURORS: Guilty. 664 00:39:39,173 --> 00:39:41,906 BLACKBURN: His mother was in the courtroom. 665 00:39:41,973 --> 00:39:44,206 In my life, I have never heard anybody scream 666 00:39:44,273 --> 00:39:47,206 the way she screamed. It was a 667 00:39:47,273 --> 00:39:51,406 blood‐curdling scream as though someone was going to die. 668 00:39:51,473 --> 00:39:53,873 They had to take her out of the courtroom. 669 00:39:53,939 --> 00:39:56,306 She didn't hear the whole thing. 670 00:39:56,373 --> 00:40:00,073 CLERK: How do you find as to count two? 671 00:40:00,139 --> 00:40:02,939 JURORS: Guilty in the second. 672 00:40:05,406 --> 00:40:07,873 CLERK: How do you find as to count three? 673 00:40:07,939 --> 00:40:12,206 JURORS: Guilty in the first. 674 00:40:20,406 --> 00:40:21,873 (sniffles) 675 00:40:21,939 --> 00:40:23,939 You know, it's‐it's... 676 00:40:24,006 --> 00:40:26,473 We felt badly for him, 677 00:40:26,539 --> 00:40:29,839 but we didn't feel badly for what we came up with 678 00:40:29,906 --> 00:40:32,173 and what our‐our final verdict was. 679 00:40:32,239 --> 00:40:35,473 We believed that was the right, uh... right decision. 680 00:40:40,139 --> 00:40:42,106 MALLEY: As soon as the verdict came back, 681 00:40:42,173 --> 00:40:43,506 and the clerk read the verdict, 682 00:40:43,573 --> 00:40:46,073 the judge had the probation report and started sentencing. 683 00:40:46,139 --> 00:40:48,806 He sentenced him right away. 684 00:40:51,106 --> 00:40:53,673 BLACKBURN: Judge Dupree gave him 685 00:40:53,739 --> 00:40:57,206 three life sentences, consecutive. 686 00:40:57,273 --> 00:40:59,873 Which is the harshest sentence he could give him. 687 00:41:08,706 --> 00:41:11,206 No. 688 00:41:11,273 --> 00:41:14,739 I think, uh, the judge was biased. 689 00:41:14,806 --> 00:41:16,239 He was my friend. 690 00:41:16,306 --> 00:41:17,739 I'm sorry. 691 00:41:17,806 --> 00:41:22,039 And... I think that 692 00:41:22,106 --> 00:41:25,873 I didn't get to make my argument. 693 00:41:27,873 --> 00:41:31,406 And I think that is quite remarkable. 694 00:41:31,473 --> 00:41:36,573 Suppose, having been at the top of my game, 695 00:41:36,639 --> 00:41:39,339 the best I would ever be, 696 00:41:39,406 --> 00:41:42,306 believing... 697 00:41:42,373 --> 00:41:44,406 in myself, 698 00:41:44,473 --> 00:41:46,006 and my cause... 699 00:41:46,073 --> 00:41:50,506 give me a whole hour with that jury. 700 00:41:52,373 --> 00:41:54,973 Let me say what has worked for me 701 00:41:55,039 --> 00:41:58,206 in case after case after case to this point. 702 00:41:58,273 --> 00:42:02,806 And realize that I only need to persuade one juror. 703 00:42:02,873 --> 00:42:04,806 That's all. 704 00:42:04,873 --> 00:42:06,806 Just one juror. 705 00:42:06,873 --> 00:42:09,439 And realizing I didn't get to do it. 706 00:42:11,039 --> 00:42:12,773 What would have happened? 707 00:42:12,839 --> 00:42:15,806 No, I don't think it was a fair trial. 708 00:42:16,706 --> 00:42:20,573 (indistinct crowd murmuring) 709 00:42:20,639 --> 00:42:21,939 BLACKBURN: There's never been any vindictiveness 710 00:42:22,006 --> 00:42:23,206 on the part of the prosecution. 711 00:42:23,273 --> 00:42:25,373 It's been a, a pursuit of truth, 712 00:42:25,439 --> 00:42:28,406 it's been a pursuit of justice; that's what we told the jury, 713 00:42:28,473 --> 00:42:31,239 that's what I tell you today, and that's the truth. 714 00:42:36,173 --> 00:42:38,473 SEGAL: How could the jury have done this? 715 00:42:38,539 --> 00:42:39,973 Tomorrow morning, at 9:00, 716 00:42:40,039 --> 00:42:41,739 Wade Smith and I will file 717 00:42:41,806 --> 00:42:44,273 a notice of appeal 718 00:42:44,339 --> 00:42:46,439 that will take this case on its way 719 00:42:46,506 --> 00:42:48,473 to the U. S. Court of Appeals for the Fourth Circuit. 720 00:42:57,873 --> 00:43:01,339 MILDRED: I feel relieved that it's all over. 721 00:43:01,406 --> 00:43:04,406 It's been a very difficult thing for me, being here, 722 00:43:04,473 --> 00:43:05,873 reliving the whole thing. 723 00:43:05,939 --> 00:43:08,473 But I feel that now that it's over, 724 00:43:08,539 --> 00:43:11,873 perhaps we can s‐‐ wipe everything clean, 725 00:43:11,939 --> 00:43:13,873 try to live again. 726 00:43:19,873 --> 00:43:23,839 (indistinct crowd murmuring) 727 00:43:31,873 --> 00:43:34,073 (indistinct conversation) 728 00:43:37,039 --> 00:43:39,606 REPORTER: Helena, the MacDonald murders 729 00:43:39,673 --> 00:43:43,273 occurred in the early morning hours of February 18, 1970. 730 00:43:43,339 --> 00:43:46,806 Since that time, a number of people have said 731 00:43:46,873 --> 00:43:49,073 that you talked to them and advised 732 00:43:49,139 --> 00:43:51,439 that you were definitely there. 733 00:43:51,506 --> 00:43:55,039 Can you tell us why you've changed your mind 734 00:43:55,106 --> 00:43:57,806 through these last 12 years so many times? 735 00:43:57,873 --> 00:44:00,073 ♪♪ ♪♪ 736 00:44:12,339 --> 00:44:16,539 Captioned by Media Access Group at WGBH access.wgbh.org