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Dr. Tanay's involvement in the MacDonald case has gained added significance with the re- cent publication of Fatal Justice, a new look at the celebrated tri- al. The book argues that Dr. MacDonald did not receive a fair trial; that he was the victim of sloppy investigators and uneth- ical prosecutors, who supposed- ly concealed evidence that might have cleared the Green Beret doctor. Dr. Tanay agrees. He has in fact grown quite at- tached to Dr. MacDonald, who is serving three life terms in an Oregon prison. Evidence and tri- al briefs fill a cardboard box in Dr. Tanay's office. His profes- sional tone never wavers as he thumbs through gruesome au- topsy photos of the two little girls, carefully noting discrepancies in the case. "I have a certain sense of guilt for not having done enough to help him because I have a con- viction that he is innocent," he said. Though they have never met in person, Drs. Tanay and Mac- Donald correspond through let- ters and phone calls. On Dr. Tanay's desk is a Christmas card from Dr. Mac- Donald. A peace dove is on the cover. "Maybe somehow I can fi- nally get that court hearing, and vindication would soon follow," Dr. MacDonald writes optimisti- cally. For 25 years, Dr. MacDonald has steadfastly maintained his family was slaughtered by four hippies — three men with knifes and clubs and a woman in a floppy hat who held a can- dle during the attack and chant- ed "Acid is groovy" and "Kill the pigs." After being initially cleared by the military, Dr. MacDonald was convicted in federal court in 1979, nine years after the murders. Cit- ing a wealth of fiber and blood ev- idence, prosecutors argued Dr. MacDonald killed his pregnant wife Colette in a rage, then stabbed daughters Kimberly, 5, and Kristen, 2, to eliminate eye- witnesses. They contended Dr. MacDon- ald's own wounds were self-in- flicted, and that he invented the story about marauding hippies to mimic the Manson family murders. To some who attended the tri- al, Dr. MacDonald hurt his own cause by appearing arrogant on the witness stand, by his failure to explain inconsistencies in his alleged struggle with the in- truders, and by fibers traced to his pajamas on the splintered wooden club used to bludgeon his daughters. Dr. Tanay was first drawn to the case by the psychological pro- file that prosecutors — and Mr. McGinniss — drew of the defen- dant. It is a portrait, he said, that was unsupported by fact. According to Dr. Tanay: * Prosecutors told jurors Dr. MacDonald committed the murders in a psychotic paranoid rage, with no psychiatric testi- mony to back the claim. The de- fense was then barred from calling psychiatrists to rebut the allegation. * The judge also barred psy- chiatric reports stating Dr. Mac- Donald did not appear to be homicidal or to suffer from a mental illness. Dr Tanay found nothing to suggest a sociopath lurked within. `The prosecution's case against Dr. MacDonald was in large measure built upon character assassination," Dr. Tanay wrote in the Journal of Forensic Sci- ences. "Every possible indiscre- tion that Dr. MacDonald had committed over his lifetime had been paraded before the jury time and time again. However, psychiatric testimony offered by the defense was kept out be- cause it was ruled to be 'charac- ter testimony.' This was clearly unfair." In Dr. Tanay's view, Dr. Mac- Donald did not show the kind of pent-up hostility found in people who snap. "It's an explosion," he said of the typical case, "but it doesn't come out of nowhere. It has a history." In Dr. MacDonald, a gregari- ous Princeton-educated doctor who by all accounts doted on his children, Dr. Tanay found noth- ing to suggest a sociopath lurked within. "There is not the slightest in- dication this man engaged in an- tisocial behavior, not even a parking ticket," he said. For his part, Dr. Tanay ap- pears undeterred by the quixot- ic nature of his crusade, or the substantial evidence that re- mains against his notorious pen pal. His mind is made up; he will do what he can. "Unless there is some focus of publicity, the system will never say that a mistake has been made," Dr. Tanay said. In the meantime, Dr. Tanay is embarking on a long-promised sabbatical to write his memoirs, which will focus primarily on his experience running and hiding from his Nazi pursuers. Murder, he said, is never far from his mind. 0