**FILE** Jeffrey McDonald, is shown in this March 1, 1995 photo at the federal correctional institution in Sheridan, Ore. MacDonald is serving three life sentences for killing his pregnant wife and two daughters on Feb. 17, 1970. Lawyers for MacDonald told a federal appeals court in December 2005, that his murder convictions should be thrown out because a new witness has come forward. A former deputy U.S. marshal now says he heard a defense witness tell a prosecutor she was in the MacDonald home in Fort Bragg, N.C., the night of the murders that were dramatized in the best-selling book and TV miniseries "Fatal Vision," according to a motion filed with the 4th U.S. Circuit Court of Appeals. (AP Photo/Shane Young, File)