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02: Bill and Melanie each end their other relationships and begin a life together. However, this may not be storybook ending they had hoped for. Their marriage is a volatile relationship, filled with infidelity, lies and acts that would results in criminal convictions for both. Melanie describes the ups and downs, and details the fight where she said she should have left.
Credits:
- Hosted by: Meghan Sacks and Amy Shlosberg.
- Produced by James Varga.
- Written by Meghan Sacks.
- Recorded, mixed, and edited by Justin Kral at JC Studios.
- Music and underscore by Nick Bassett of Dessert Media.
- Legal Counsel provided by Barry Janay.
- Special thanks to Alan Tockerman.
- Producer-At-Large, Adam Curry
For Images related to this episode, visit: https://directappealpodcast.com/images/#ep02
Ms McGuire is very fortunate to have 2 unbiased experts review her case, unfortunately, there was no meaningful investigations conducted by the defense in her case before and during the trial. I would just like to comment on the people you contacted, from the other side, who declined to participate in your review.
I have been studying and researching the McGuire case since April of 2007, and I can honestly say, that the “other side” will not participate because they cannot defend their positions nor stand the light of day.
Ms McGuire is contending that she has been wrongfully convicted, a claim which I sincerely believe. In order for a wrongful conviction to occur, there is always an element of willful misconduct that takes place.
As I am writing this comment, there is an article at NJ.COM dated 05/11/2019, from Middlesex County, and I quote, “Prosecutors ‘spied’ on rival lawyer preparing for a trial. Defense attorneys want the whole case thrown out.” Defendant’s trial was halted and the case is presently pending in the Appellate Division on a Emergent Matter basis.
As the episodes continue, it will become clear, that there was a concerted effort by the “other side” to deprive Ms McGuire of a fair trial.
I am happy to see that two intelligent, objective,knowledgeable, versed and generous ladies have taken the time to delve deeper into the case of Melanie McGuire. Like DFC40, I too have followed this case from the very beginning including reading all media reports & court transcripts, watched the entire trial via court tv, read the book by John Glatt, etc. I wish the family of William McGuire peace and I’m sorry for their loss. It’s my personal belief though that Melanie McGuire did not receive a fair trial and should be granted a new one. My reasoning, it was not proven beyond a reasonable doubt that she committed this heinous crime. The prosecution made many accusations and falsehoods that were never backed up or materialized to be truthful. I’m still waiting 13 years later to find out who the second person who allegedly “helped” her murder Mr. McGuire be brought to justice. How does one make these accusations and then never follow up on them. It was inferred that Melanie’s stepfather had a hand in assisting her. This is a despicable accusation to make, let alone sully a gentleman’s reputation and then after her conviction just let it go after putting someone through that kind of hell and then leave the public with such horrible thoughts about someone and not even do the honorable thing and publicly state that they may have made a mistake in accusing him of helping murder or help in the disposal of Mr. McGuire’s remains. The sensationalized tryst between Melanie and Dr. Miller never should have been included in the trial. Dr. Miller speaking about their sexual encounter specifically about engaging in oral sex in the office while she was 38 weeks pregnant was extremely prejudicial, sensationalized and inflammatory. The sex act had nothing to do with the case. The judge should have never allowed that in and informed the jury not to let that statement influence their decision. I believe it is one of the reasons why she was convicted because the jurors based their opinions on the acts which had great weight on the decision making process. Many journalist and news reporters brought that up in their articles/news reports about the case which demonstrates their disdain which made an impression on them as they reported it or wrote about it. Their was another trial going on around the same time with Cynthia Sommer as the defendant. Her lifestyle and sexual escapades were allowed in the trial which she was found guilty of poisoning her marine husband. The judge later found that allowing such salacious testimony about her sexual behavior should not have been allowed and he decided it influenced the jurors decision…read here: https://www.latimes.com/archives/la-xpm-2008-apr-19-me-poison19-story.html – The judge granted Cynthia Sommer a new trial and she was eventually freed thereafter. It wasn’t necessary for Melanie McGuire’s interlude with Dr. Miller to be included in the trial. It was specific, intentional, meant to be degrading/humiliating and more than likely choreographed by the prosecution to include that in as testimony. A pregnant women having adulterous sex opens the door for many negative judgments. I’m quite sure it is the norm for many couples to engage in sex with each other while their partner is pregnant. I am out of time right now but will resume my comments at another time. I look forward to the next episode. Thank you for sharing this with us.
Unfortunately Tracy, I can say as a criminologist, that women often suffer a double standard whereby they are doubly demonized for violating gender norms when they have affairs. They will receive more punitive treatment simply for this fact – punishment for not being a proper lady. We are not saying that this is the case here just yet but it is an unfortunate reality of our current criminal justice system.
Sincere thanks to these two women for taking a second look into the conviction of Melanie McGuire. I have been following this case since the trial stage and can honestly say that the blogs which were created and followed by countless individuals (at least one of whom was a member of the jury) caused unjust contamination in this case. The jury pool was further contaminated by the press as well as the airing of the trial on CourtTv.
Further, much evidence was excluded by the judge which would have provided exculpatory factors for the jury to consider in rendering a verdict.
Last, the defense failed Ms. McGuire by refusing to hire experts which were sorely needed in the areas of analysis of the forensic evidence. The fact that they were paid a lump sum retainer and that the hiring of experts would have resulted in less profits for the attorneys cannot be overlooked.
In light of the above, I cannot understand the denial of the applications for a new trial in this case. Hopefully, in the right hands, Ms. McGuire will finally be adjudicated as innocent.
Regards,
Attorney against Injustice in NJ
Reading your post was like a breath of fresh to me. I have been posting on the legal aspects of this case since Ms McGuire’s conviction. To fully understand the miscarriage of justice that took place there, the trial transcripts are a must read. My opinions on this case are based solely on what the jury heard. I have not relied on any information provided by CNN, Court TV, people magazine, or any other media publications. Although I could spend hours commenting on your points, your comments on the jury are right on. I refuse to believe, that 12 of the dumbest people in Middlesex County New Jersey, were at the same place, at the same time and were all selected to sit on the McGuire case. What’s more disturbing, is that all of them went into hiding immediately following the verdict. Two of the most well respected criminologist and leaders in their field, Dr Sacks and Dr Shlosberg, reached out to these people, to participate in this podcast, which was met with silence and resentment. As I sit here, I can’t help but think of all those American soldiers making the ultimate sacrifice, on foreign soil, to defend the US Constitution, while 12 cowards remain in hiding, ashamed to recognize that sacrifice and defend their decision. If, as you say, at least one of them did blog, he/she surely did it anonymously, which wouldn’t surprise me. That poor excuse of a judge who presided over the McGuire trial, gave those 12, a legal definition of, “circumstantial evidence” and “speculation.” The former is in your providence the latter IS NOT! How dumb does one have to be not to discern the distinction.
So, my question is, could these 12 be that stupid or are they afraid to speak because of some pressure that was exerted by the very people responsible for this unjust conviction ?
Thank you for your participation in this case, I honestly look forward to your continuing participation in this case.