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Attorney files memo in 'Fatal Vision' case

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RALEIGH, N.C. (AP) - An attorney for the former Fort Bragg surgeon serving three life sentences for killing his pregnant wife and two daughters more than 40 years ago is reiterating reasons to overturn that conviction.

In a federal court filing Monday, attorney Gordon Widenhouse said statements from a woman, now dead, that she was in Jeffrey MacDonald's home are one reason to overturn the conviction. He says another is DNA evidence.

Widenhouse presented those arguments at September hearing in Wilmington. U.S. District Court Judge James Fox told both sides to file briefs before he decides the case.

Prosecutors have 60 days to respond.

The 69-year-old MacDonald was convicted of killing his family in 1970. MacDonald has maintained his family was killed by a band of intruders who burst into his home.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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I believe

I believe that McDonald didn't do it. I think he was railroaded by the military and civilian courts because people were demanding that someone be held responsible for what had happened. He was the victim of an overzealous prosecutor out to make a name for himself.

Is he still sitting

in the Wilmington or New Hanover jail while all of this transpires?

I believe he was transferred to an area facility while the appeal process took place.