FILE - In this Aug. 28, 1979 file photo, Jeffrey MacDonald, right, appears in federal court in Wilmington, N.C. MacDonald's pregnant wife and two young daughters were murdered in in their Fort Bragg home in 1970. MacDonald was convicted of the crimes. On Monday, Sept. 17, 2012, MacDonald is scheduled to appear in federal court in Wilmington, N.C., for a hearing about new evidence in the case. (AP Photo, File)