European Stars and Stripes (Newspaper) - December 19, 1985, Darmstadt, Hesse                                Thursday december 19, 1985 the stars and stripes Page 3 court upholds Amacdonald murder verdict no basis found to overturn sex Green Beret doctor s conviction Richmond. A. A a Federal appeals court wednesday upheld the conviction of Jeffrey Macdonald. A former army Ductor who was found guilty of the j�-70 murders of his wife and two daughters. In much greater detail than we the District judge considered every Contention that Macdonald advanced said the i i Page opinion from the 4th . Circuit court of appeals there is no basis upon which any ruling in this Case by a meticulous District judge can be Over  Mcdonald was convicted by a jury in Raleigh. Nx"., in 1979 of fatally stabbing and bludgeoning his pregnant wife Coll Etc 26, and his daughters. Kimberly 5, and Kristin 2, while he was stationed at fort Bragg . He has insisted  the slayings were committed by a band of drug Cra de hippies who invaded his Home and chanted acid is groovy kill the  in arguments before the Richmond based 4th circuit in october the Evgr Cen Beret doctor sought a new trial. His lawyer contended thai the evidence in the Case was mis handled and that Post trial confessions by others could prove that he was not responsible for the murders. Macdonald s Appeal also sought to have the trial judge. Franklin t. Dupree. Disqualified because of his relation ship Wilh Jimmy Proclor a former assistant . Attorney in the Eastern District of North Carolina who was married to Dupree s daughter but the three judge panel of the appeals court found no Merit in any of Macdonald s contentions. It was the second time an appeals court had rejected a bid for a new trial i Frev my Cdonald it s not a close encounter Halley s Comet Center appears to be flying by the 3.7 magnitude Star Gamma Pisces in this photo taken by the . Natal Observatory near Marshall a. But in reality the Star is 7 million Miles farther out in space than the Comet which was 75.9 million Miles from Earth when the photo was taken saturday. Macdonald s  had argued  evidence that became available after his trial entitled him to a new trial. The evidence consisted primarily of statements b Allekna Stoeckley now deceased who suggested she might have been in the  Home on the night of the slaving. Hut the appeals panel said after the trial my during her lifetime. She continued to make o inflicting statements. Sometimes she remembered nothing a Himl what happened that night while apparent depending upon who questioned her. She sometimes remembered in some gory detail being with the slavers of the Macdonald Mother and  the details she gave however contain Manv mom Sist a ocies with Macdonald s version of what occurred and with the circumstantial evidence derived from the scene tie court said. Macdonald s. Appeal also cited examples of Ille Cit Evi Dence discrepancies including scrapings from beneath mrs. Macdonald s fingernails that an army investigator said appeared to be a Small piece of skin hut a Laboratory analysis of the scrapings contained no mention of skin interestingly there were scratches tin or Macdon Ald s Chest which might have been made by mrs. Mac Donald if her husband were her slaver the court said. The appeals panel also concluded that Dupree s relationship to the Federal prosecutor was no cause for disqualification. Proclor resigned his Post in february la 7l about two months after Dupree was made a judge. Macdonald was not indicted until january 1975. And the trial was not held until july 1�79. The court said 8./s May extend housing or families of crash victims Washington Ai l Bills introduced in both houses tuesday would allow dependents of soldiers killed on Active duly including those who died in the crash at Gander Newfoundland to continue receiving housing benefits for 60 Days. Sponsored by rep. Patricia Schroeder. A Colo and sen. Edward m. Kennedy a mass. The legislation would allow the dependents to live in government quarters with out charge during the two month period. Those living in private housing would receive a housing allowance for the same period. This proposal offers dependents an Opportunity to find other housing without imposing the additional financial Burden and stress of a housing rental or mortgage pay ment during the period immediately following loss of the military breadwinner Kennedy said in a statement. A government regulation permits dependents of de ceased servicemen to remain in government quarters up to 60 Days while paying either the Fiir Market rental or an amount equivalent to the sem remember s housing allow Ance. Schroeder said. The Pentagon thought it was a Good idea that should have been done Long  she added that a new Federal Law increases the death Benefit from $35,000 to s50.000 for servicemen s dependents but it does t take effect until Jan. I too late for families of the dec. 12 plane crash that killed 24k military personnel. Plan to hike commissary pm cigarette prices a  a a a Nta in in Sci i Tai he Thi llniici1 Thi hinnti1 Cin apr Var in inh u min in ii Pichni he could Start so Lull killed Washington a a Senate plan to Force an increase in cigarette prices Al Mili tary exchanges and commissaries has been deleted from the Pentagon s fiscal 1986 Bud get according to a Virginia congressman. But the budget still includes a new provi Sion that would Force class i stores to Purchase their liquor within the state where they operate eliminating the savings the Pentagon now achieves through nationwide purchases added rep. Dan Daniel a a. Daniel the chairman of the readiness sub committee of the House armed services committee agreed to discuss the status of the unusual amendments on tuesday As Congress struggled to pass a continuing Resolution that would fund the defense department As Well As other agencies in fiscal 1986. House and Senate conferees had reached an agreement on the Pentagon s portion of that Bill last Friday but it was subsequently rejected by the House. The dispute Cen tired on the total appropriation for the Pentagon however and no further changes involving the exchanges and commissaries were expected Daniel indicated the Issue of cigarette prices arose last month with Sens. Ted Stevens a Alaska and David l. Born d-okla., touching off an unusual Battle pitting issues of health against military benefits. The Senate proposed to Force commissaries and exchanges to sell their tobacco products Al the local prevailing  excluding stale and local taxes. It would have done so by reducing the fiscal 1986 appropriation of $606.1 million for the commissaries by j77.7 million and ordering the Pentagon to make up that amount by raising tobacco prices. It makes no sense to be subsidizing the sales of these products and encouraging servicemen and Home to use them by keeping their prices 20 to 35 percent lower on base Boren argued. The Pentagon counterattacked calling the plan a dangerous precedent that could undermine the manner in which Mili tary commissaries arc funded As Well As their value to servicemen As a form of compensation. Defense Secretary Caspar w. Weinberg or charged the amendment would establish the precedent of decreasing savings to the service member to offset the appropriations for  when the matter went to conference Daniel said he asked the House conferees to squelch the Senate plan and they succeeded in doing so. Smoking was not the Issue Daniel said. The principal Issue Here was we did t want to establish by Law that you Coul Star Selling one commodity above Cost in a  the House conferees did not enjoy the same Success on the alcohol Issue however. Daniel said. Senate language that would require the Exchange systems to buy Beer and liquor inside the Stales where they operate was retained. That will Cost an extra 510 million Daniel said. It seems to me contradictory. On one hand we say with weapons we want them competed and bought at the Low est possible Price but now we turn around and say we Don t want to compete this. Of course some were looking Al the extra reve nue for states thai will come from i desc  Daniel also said the House conferees had succeeded in slaving off a Flat ban on the construction and operation of fast food franchises on military bases