West Memphis Three
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"West Memphis Three" refers to three men who were tried and convicted in 1994 of the 1993 murders of three boys in West Memphis, Arkansas. During the trial, the prosecution put forth the idea that the only purported motive in the case was that the slayings were part of a Satanic ritual.[1][2][3] Damien Echols was sentenced to death, Jessie Misskelley, Jr. was sentenced to life imprisonment plus two 20-year sentences, and Jason Baldwin was sentenced to life imprisonment.
In July 2007, new forensic evidence was presented in the case, including evidence that none of the DNA collected at the crime scene matched the defendants, but did match Terry Hobbs, the stepfather of one of the victims, as well as a friend of Hobbs' whom he had been with on the day of the murders. The status report jointly issued by the State and the Defense team on July 17, 2007 states, "Although most of the genetic material recovered from the scene was attributable to the victims of the offenses, some of it cannot be attributed to either the victims or the defendants." On October 29, 2007, the defense filed a Second Amended Writ of Habeas Corpus, outlining the new evidence.[4]
After a series of appeals regarding the DNA evidence, including an argument before the Arkansas Supreme Court in 2010, the West Memphis Three reached a deal in which they pled "no contest" to the charges and were released with a ten year suspended sentence, having served 18 years and 78 days in prison.[5][6][7][8]
The crime
Three eight-year-old boys -- Stevie Branch, Michael Moore, and Christopher Byers -- were reported missing on May 5, 1993. The first report to the police was made by Byers' adoptive father, John Mark Byers, around 7:00 p.m. The boys were last seen together by a neighbor, who reported having been called by Terry Hobbs, the stepfather of Steve Branch, around 6:00 p.m. Hobbs later denied seeing the boys at all on May 5.[9] Initial police searches made that night were limited.[10] Friends and neighbors also conducted a search that night, which included a cursory visit to the location where the bodies were later found.[10]
A more thorough police search for the children began around 8:00 a.m. on the morning of May 6, led by the Crittenden County Search and Rescue personnel. Searchers canvassed all of West Memphis, but focused primarily on Robin Hood Hills, where the boys were reported last seen. Despite a human chain making a shoulder-to-shoulder search of Robin Hood Hills, searchers found no sign of the missing boys.
Around 1:45 p.m., Juvenile Parole Officer Steve Jones spotted a boy's black shoe floating in a muddy creek that led to a major drainage canal in Robin Hood Hills.[9] A subsequent search of the ditch revealed the bodies of three boys. They were stripped naked and had been hogtied with their own shoelaces: their right ankles tied to their right wrists behind their backs, the same with their left arms and legs. Their clothing was found in the creek, some of it twisted around sticks that had been thrust into the muddy ditch bed. The clothing was mostly turned inside-out; two pairs of the boys' underwear were never recovered.[11] Christopher Byers also had deep lacerations and injuries to his scrotum and penis.[12]
The original autopsies were inconclusive as to time of death,[citation needed] but the Arkansas medical examiner determined that Byers died of blood loss, and Moore and Branch drowned.[13] A later review of the case by a medical examiner for the defense determined that the boys had been killed between 1:00 a.m. and 5:00 a.m. on May 6, 1993.[11]
The official interpretation of the crime scene forensics for the case remains controversial. Prosecution experts claim Byers' wounds were the results of a knife attack and that he had been purposely castrated by the murderer; defense experts claim the injuries were more probably the result of post-mortem animal predation. Police suspected the boys had been raped, however later expert testimony disputed this finding[11][14] despite trace amounts of sperm DNA found on a pair of pants recovered from the scene.[15] Police believed the boys were assaulted and killed at the location where they were found; critics argued that the assault, at least, was unlikely to have occurred at the creek.[11]
Byers was the only victim with drugs in his system; he was prescribed Ritalin[10] (methylphenidate) in January 1993, as part of an attention-deficit hyperactivity disorder treatment. (The initial autopsy report describes the drug as Carbamazepine.[12]) The dosage was found to be at sub-therapeutic level,[12][citation needed] which is consistent with John Mark Byers' statement that Christopher Byers may not have taken his prescription on May 5, 1993.[citation needed]
Investigation
Backgrounds of parties
Victims
Stevie Branch was the son of Steven and Pamela Branch, who divorced when he was an infant. Pamela was awarded custody, and Steven was allowed visitation with his son only when she was also present.[10] She later married Terry Hobbs. When Stevie was murdered, his biological father owed over $13,000 in child support, and was under investigation for state tax violations.[10]
Christopher Byers was born to Melissa DeFir and Ricky Murray. His parents divorced when he was four years old; shortly thereafter, Melissa married John Mark Byers. Byers adopted Christopher, but did not adopt her older son, Ryan Clark. John Mark Byers had a long criminal history, including charges for making "terroristic [death] threats"[10] against his first wife, and multiple drug and theft offenses. John Mark Byers was a frequent paid informant for the West Memphis Police Department (WMPD), and, when the boys were murdered, was under Federal investigation for suspected grand theft from the U.S. Postal Service.[10] Byers was also abusive to his stepson, and admitted to whipping Christopher with a belt only a few hours before the boys went missing. He later claimed to have beaten him because Christopher had tried to break into his own home, as he was not allowed a house key, and the empty house was locked when he arrived home after school.[10] According to Crittenden County Prosecutor John Fogleman,[10] police and other officials suspected John Mark Byers of committing the murders the day the victims were discovered.
Michael Moore was the son of Todd and Dana Moore. Of the three murdered boys, Michael's parents were the only ones who both (i) were still married, and (ii) had never had any criminal charges made against them.[10]
Suspects
Baldwin, Echols, and Misskelley
At the time of their arrests, Jessie Misskelley, Jr. was 17 years old, Jason Baldwin was 16 years old, and Damien Echols was 18 years old.[16]
Baldwin and Misskelley had been arrested for vandalism and shoplifting, respectively, and Misskelley had a reputation for his temper and for engaging in fistfights with other teenagers at school. Misskelley and Echols had dropped out of high school, however Baldwin earned high grades and demonstrated a talent for drawing and sketching, and was encouraged by one of his teachers to study graphic design in college.[10] Echols and Baldwin were close friends, and bonded over their similar tastes in music and fiction, and over their shared distaste for the prevailing cultural climate of West Memphis, situated in the Bible Belt.[10] Baldwin and Echols were acquainted with Misskelley from school, but were not close friends with him.[10]
Echols' family was poor, with frequent visits from social workers, and he rarely attended school. His relationship with an early girlfriend culminated when the two ran off together. After breaking into a trailer during a rain storm, the pair were arrested, though only Echols was charged with burglary.[10]
Police heard rumors that the young lovers had planned to have a child and sacrifice the infant; based on this story, they had Echols institutionalized for psychiatric evaluation. He was diagnosed as depressed and suicidal, and was prescribed the antidepressant imipramine. Subsequent testing demonstrated poor mathematical skills, but also showed that Echols ranked above average in reading and verbal skills.
Echols spent several months in a mental institution in Arkansas, and afterward received "full disability" status from the Social Security Administration.[10] During Echols' trial, Dr. George W. Woods testified (for the defense) that Echols suffered from:
"... serious mental illness characterized by grandiose and persecutory delusions, auditory and visual hallucinations, disordered thought processes, substantial lack of insight, and chronic, incapacitating mood swings."[10]
At the time of his arrest, Echols was working part-time with a roofing company and expecting a child with his new girlfriend, Domini Teer.[10]
Chris Morgan and Brian Holland
Early in the investigation, the WMPD briefly regarded two West Memphis teenagers as suspects. Chris Morgan and Brian Holland, both with drug offense histories, had abruptly departed for Oceanside, California four days after the bodies were discovered.[17] Morgan was presumed to be at least casually familiar with all three murdered boys, having previously driven an ice cream truck route in their neighborhood.
Arrested in Oceanside on 17 May 1993, Morgan and Holland both took polygraph exams administered by California police. Examiners reported that both men's charts indicated deception when they denied involvement in the murders. During subsequent questioning, Morgan claimed a long history of drug and alcohol use, along with blackouts and memory lapses. He furthermore claimed that he "might have" killed the victims but quickly recanted this part of his statement.[17]
California police sent blood and urine samples from Morgan and Holland to the WMPD, but there is no indication WMPD investigated Morgan or Holland as suspects following their arrest in California. The relevance of Morgan's recanted statement would later be debated in trial, but was eventually barred from admission as evidence.[17]
"Mr. Bojangles"
The sighting of a black male as a possible alternate suspect was implied during the beginning of the trial, at which time the possibility of conviction of the initial suspects seemed slim. According to local West Memphis police officers, on the evening of May 5, 1993, at 8:42 p.m., workers in the Bojangles' restaurant about a mile from the crime scene (a direct route through the bayou where the children were found) in Robin Hood Hills reported seeing a black male "dazed and covered with blood and mud" inside the ladies' room of the restaurant. Defense attorneys later referred to this man as "Mr. Bojangles."[11]
The man was bleeding from his arm and had brushed it against the walls of the restroom. The man had also defecated on himself and on the floor. The police were called, and Officer Regina Meeks responded (by inquiring at the drive through window) about 45 minutes later. By then, the man had left and police did not enter the restroom on that date.
The following day when the victims' bodies were found, Bojangles' manager Marty King, thinking there was a possible connection between the bloody, disoriented man and the killings, called police twice to inform them of his suspicions. According to Regina Meeks' testimony during the Echols/Baldwin Trial, after the second telephone call, police gathered evidence from the restroom.[citation needed] Investigators wore their same shoes and clothes from the Robin Hood Hills crime scene into the Bojangles restaurant bathroom, conceivably contaminating that scene.[citation needed] Police detective Bryn Ridge later stated he lost the blood scrapings taken from the walls and tiles of the restroom.[citation needed] A hair identified as belonging to a black male was later recovered from a sheet which was used to wrap one of the victims.[10]
It's the same old story. We've heard it a hundred times. Arkansas state troopers won't listen when witnesses say it was probably an African American man who kidnapped three eight-year-old boys, stripped all three of them naked, hogtied them, chewed one of their penises off, then drowned them one by one in a river.
Instead they just frame some innocent white boys who never did anything. That's Arkansas' ugly burden. (And please don't anyone say that one of them confessed to the whole thing. His confession was retracted the very next day.)
Investigative criticism
There has been widespread criticism of how the police handled the crime scene.[10] Misskelley's former attorney Dan Stidham cites multiple substantial police errors at the crime scene, characterizing it as "literally trampled, especially the creek bed."[11] The bodies, he said, had been removed from the water before the coroner arrived to examine the scene and determine the state of rigor mortis, allowing the bodies to decay on the creek bank, and to be exposed to sunlight and insects. The police did not telephone the coroner until almost two hours after the discovery of the floating shoe, resulting in a late appearance by the coroner. Officials failed to drain the creek in a timely manner and secure possible evidence in the water (the creek was sandbagged after the bodies were pulled from the water). Stidham calls the coroner's investigation "extremely substandard."[11] There was a small amount of blood found at the scene that was never tested. According to HBO's documentaries "Paradise Lost: The Child Murders at Robin Hood Hills" (1996) and "Paradise Lost 2: Revelations" (2000), no blood was found at the crime scene, indicating that the location where the bodies were found was not necessarily the location in which the murders actually happened. After the initial investigation, the police failed to control disclosure of information and speculation about the crime scene.[citation needed]
According to Mara Leveritt, investigative journalist and author of Devil's Knot, "Police records were a mess. To call them disorderly would be putting it mildly."[10] Leveritt speculated that the small local police force was overwhelmed by the crime, which was unlike any they had ever investigated. Police refused an unsolicited offer of aid and consultation from the violent crimes experts of the Arkansas State Police, and critics suggested this was due to the WMPD being investigated by the Arkansas State Police for suspected theft from the Crittenden County drug task force.[10] Leveritt further noted that some of the physical evidence was stored in paper sacks obtained from a supermarket (with the supermarket's name pre-printed on the bags) rather than in containers of known and controlled origin.
Leveritt also mistakenly presumed that the crime scene video was shot minutes after Detectives Mike Allen and Bryn Ridge recovered two of the bodies, when in fact the camera was not available for almost thirty minutes afterward.[18]
When police speculated about the assailant, the juvenile probation officer assisting at the scene of the murders speculated that Echols was "capable" of committing the murders, stating "it looks like Damien Echols finally killed someone."[10]
One expert in the film Paradise Lost 2: Revelations, stated that human bite marks could have been left on at least one of the victims. However, these potential bite marks were first noticed in photographs years after the trials and were not inspected by a board-certified medical examiner until four years after the murders. The defense's expert testified that the mark in question was not an adult bite mark, while experts put on by the State concluded that there was no bite mark at all.[citation needed] The State's experts had examined the actual bodies for any marks and others conducted expert photo analysis of injuries. Upon further examination, it was concluded that if the marks were bite marks, they did not match the teeth of any of the three convicted.[19]
Evidence and interviews
Police interviewed Echols two days after the bodies were discovered. During a polygraph examination, he denied any involvement. The polygraph examiner claimed that Echols' chart indicated deception.[10] However, when asked to produce the record of the examination, the examiner indicated that he had no written record.[citation needed]
On 10 May 1993, four days after the bodies were found, Detective Bryn Ridge questioned Echols, asking Echols to speculate as to how the three victims died. Ridge's description of Echols' answer is abstracted as follows:
He stated that the boys probably died of mutilation, some guy had cut the bodies up, heard that they were in the water, they may have drowned. He said at least one was cut up more than the others. Purpose of the killing may have been to scare someone. He believed that it was only one person for fear of squealing by another involved.[citation needed]
At trial, Echols testified that Ridge's description of the conversation (which was not recorded) was inaccurate. At the time that Echols had allegedly made these statements, police thought that there was no public knowledge that one of the children had been mutilated more severely than the others. This contradicted John Mark Byers' (the stepfather of victim Christopher Byers) statement to reporters only minutes after the three bodies were found, "that two boys had been badly beaten and that the third had been even worse." At that time, Det. Gitchell had not released that information.[18] Gitchell later said he had told John Mark Byers some details of the scene first, before the official release to the media. Leveritt also demonstrates[10] that the police leaked some information, and that partly accurate gossip about the case was widely discussed among the public.
Throughout the course of the trial and afterward, many teenagers came forward with statements regarding being questioned and polygraphed by the local police. They said that Durham, among others, was at times aggressive and verbally abusive if they did not say what was expected of them. After the test, when asked what he was afraid of, Echols replied, "The electric chair."[20][citation needed]
After a month had passed with little progress in the case police continued to focus their investigation upon Echols, interrogating him more frequently than any other person; however, they claimed he was not regarded as a direct suspect but a source of information.[10]
On 3 June police interrogated Jessie Misskelley Jr. Misskelley, whose IQ was reported to be 72 (making him borderline mentally retarded), was questioned alone; his parents were not present during the interrogation.[10] Misskelley's father gave permission for Misskelley to go with police, but did not explicitly give permission for his minor son to be questioned or interrogated.[10] Misskelley was questioned for roughly twelve hours; only two segments, totaling 46 minutes, were recorded.[21] Misskelley quickly recanted his confession, citing intimidation, coercion, fatigue, and veiled threats from police.[3][10]
During Misskelley's trial, Dr. Richard Ofshe, an expert on false confessions and police coercion and Professor of Sociology at UC Berkeley, testified that the brief recording of Misskelley's interrogation was a "classic example" of police coercion.[18] Critics have also stated that Misskelley's "confession" was in many respects inconsistent with the particulars of the crime scene and murder victims, including (for example) an "admission" that Misskelley "watched Damien rape one of the boys."[22] Police had initially suspected that the boys were raped due to their dilated anuses, but forensic evidence later proved conclusively that the murdered boys had not been raped at all, and their dilated anuses were a normal post-mortem condition.[10]
Subsequent to his conviction, a police officer alleged that Misskelley had confessed to her. However, once again, no reliable details of the crime were provided.[10]
Misskelley was a minor when he was questioned,[3] and though informed of his Miranda rights, he later claimed he did not fully understand them.[10] The Arkansas Supreme Court determined that Misskelley's confession was voluntary and that he did, in fact, understand the Miranda warning and its consequences.[23] Misskelley specifically said he was "scared of the police" during his first confession.[24] Portions of Misskelley's statements to the police were leaked to the press and reported on the front page of the Memphis Commercial Appeal newspaper before any of the trials began.[10]
Shortly after Misskelley's original confession, police arrested Echols and his close friend Baldwin. Eight months after his original confession, on February 17, 1994, Misskelley made another statement to police with his lawyer Dan Stidham in the room continually advising Misskelley not to say anything. Misskelley ignored this advice continually and went on to detail how Damien and Jason abused and murdered the boys, while he watched until he decided to leave. Misskelley's attorney, Dan Stidham, who was later elected to a municipal judgeship, has written a detailed critique of what he asserts are major police errors and misconceptions during their investigation.[25]
Vicki Hutcheson
Vicki Hutcheson, a new resident of West Memphis, would play an important role in the investigation, though she would later recant her testimony, stating her statements were fabricated due in part to coercion from police.[10][26]
On May 6, 1993 (the day the murder victims were found), Hutcheson took a polygraph exam by Detective Don Bray at the Marion Police Department to determine if she had stolen money from her West Memphis employer. Hutcheson's young son, Aaron, was also present, and proved such a distraction that Bray was unable to administer the polygraph. Aaron, a playmate of the murdered boys, mentioned to Bray that the boys had been killed at "the playhouse."[11] When the bodies proved to have been discovered near where Aaron indicated, Bray asked Aaron for further details, and Aaron claimed that he had witnessed the murders committed by Satanists who spoke Spanish.[11] Aaron's further statements were wildly inconsistent, and he was unable to identify Baldwin, Echols or Misskelley from photo line-ups, and there was no "playhouse" at the location Aaron indicated.
A police officer leaked portions of Aaron's statements to the press contributing to the growing belief that the murders were part of a satanic rite.[11]
On or about June 1, 1993, Hutcheson agreed to police suggestions to place hidden microphones in her home during an encounter with Echols. Misskelley agreed to introduce Hutcheson to Echols. During their conversation, Hutcheson reported that Echols made no incriminating statements. Police said the recording was "inaudible", but Hutcheson claimed the recording was audible.[11]
On June 2, 1993, Hutcheson told police that about two weeks after the murders were committed, she, Echols and Misskelley attended a Wiccan meeting in Turrell, Arkansas.[11] Hutcheson claimed that, at the Wiccan meeting, a drunken Echols openly bragged about killing the three boys. Misskelley was first questioned on 3 June 1993, a day after Hutcheson's purported confession. Hutcheson was unable to recall the Wiccan meeting location, and did not name any other participants of the purported meeting.[3]
Hutcheson was never charged with theft.[27] She claimed she implicated Echols and Misskelley to avoid facing criminal charges and to obtain a reward for the discovery of the murderers.[3]
Murder trials
Misskelley was tried separately, and Echols and Baldwin were tried together in 1994. Under the "Bruton rule", Misskelley's confession could not be admitted against his co-defendants and thus he was tried separately. They all pled not guilty.[28]
On February 5, 1994, Misskelley was convicted by a jury of one count of first-degree murder and two counts of second-degree murder.[29] The court sentenced him to life plus 40 years in prison.[30] His conviction was appealed and affirmed by the Arkansas Supreme Court. On March 19, 1994 Echols and Baldwin were found guilty on three counts of murder.[31] The court sentenced Echols to death and Baldwin to life in prison.[3]
Appeals and new evidence
In May 1994, the three appealed their convictions.[32] The convictions were upheld on direct appeal.[23][33] In 2007, Echols petitioned for a retrial based on a statute permitting post-conviction testing of DNA evidence due to technological advances made since 1994 which might provide exoneration for the wrongfully convicted.[34] However, the original trial judge, Judge David Burnett, disallowed presentation of this information in his court. This ruling was in turn thrown out by the Arkansas Supreme Court.
The Knife of John Mark Byers (1993)
John Mark Byers, the adoptive father of victim Christopher Byers, gave a knife to cameraman Doug Cooper,[35] who was working with documentary makers Joe Berlinger and Bruce Sinofsky while they were filming the first Paradise Lost feature. The knife was a small utility-type knife, manufactured by Kershaw.[35][36] According to the statements given by Berlinger and Sinofsky, Cooper informed them of his receipt of the knife on December 19, 1993. After the documentary crew returned to New York, Berlinger and Sinofsky reported to have discovered what appeared to be blood on the knife. HBO executives ordered them to return the knife to the West Memphis Police Department.[37][38] The knife was not received at the West Memphis Police Department until January 8, 1994.[39]
Byers initially claimed the knife had never been used. Blood was found on the knife and Byers then stated that he had used it only once, to cut deer meat.[40] When told the blood matched both his and Chris' blood type, Byers said he had no idea how that blood might have gotten on the knife. During interrogation, West Memphis police suggested to Byers that he might have left the knife out accidentally, and Byers agreed with this.[10] Byers later stated that he may have cut his thumb. Further testing on the knife produced inconclusive results, due in part to the rather small amount of blood,[10] and because both John Mark Byers and Chris Byers had the same HLA-DQα genotype.[41]
John Mark Byers agreed to, and subsequently passed, a polygraph test during the filming of Paradise Lost 2: Revelations in regard to the murders, but the documentary indicated that Byers was under the influence of several psychoactive prescription medications that could have affected the test results. During the filming of the show, Byers also volunteered his false teeth when presented with the challenge he had bitten the boys' bodies, although at the time of the murders he had his original teeth, which he later had voluntarily extracted, and later claimed there was a medical reason for the procedure.
Possible teeth imprints
As documented in Paradise Lost 2, Echols, Misskelley and Baldwin submitted imprints of their teeth (after their imprisonment) that were compared to apparent bite-marks on Steve Branch's forehead, initially overlooked in the original autopsy and trial. No matches were found. According to the film, Byers had his teeth removed in 1997—after the first trial. He has offered apparently contradictory reasons for their removal: in one instance claiming they were knocked out in a fight, in another saying the medication he was taking made them fall out, and in yet another claiming that he had long planned to have them removed so as to obtain dentures.[10]
After an expert examined autopsy photos and noted what he thought might be the imprint of a belt buckle on Byers' corpse, the elder Byers revealed to the police that he had spanked his stepson shortly before the boy disappeared.[10]
Vicki Hutcheson recants
In October 2003, Vicki Hutcheson, who played a part in the arrests of Misskelley, Echols and Baldwin, gave an interview to the Arkansas Times in which she stated that every word she had given to the police was a fabrication.[42] She further asserted that the police had insinuated if she did not cooperate with them they would take away her child.[42] She noted that when she visited the police station they had photographs of Echols, Baldwin, and Misskelley on the wall and were using them as dart targets.[42] She also claims that an audio tape the police claimed was "unintelligible" (and eventually lost) was perfectly clear and contained no incriminating statements.[42] However, Hutcheson did not testify at the Echols/Baldwin trial.
DNA testing and new physical evidence (2007–2010)
In 2007, DNA collected from the crime scene was tested. None was found to match DNA from Echols, Baldwin, nor Misskelley.[43] In addition, a hair "not inconsistent with" Terry Hobbs, stepfather to Stevie Branch, was found tied into the knots used to bind one of the victims.[44][45] The prosecutors, while conceding that no DNA evidence ties the accused to the crime scene, said that, "The State stands behind its convictions of Echols and his codefendants."[46]
On 29 October 2007 papers were filed in federal court by Damien Echols' defense lawyers seeking a retrial or his immediate release from prison. The filing cited DNA evidence linking Terry Hobbs (stepfather of one of the victims) to the crime scene, and new statements from Hobbs' now ex-wife. Also presented in the filing is new expert testimony that the "knife" marks on the victims were the result of animal predation after the bodies had been dumped.[4][47]
On 10 September 2008 Circuit Court Judge David Burnett denied the request for a retrial, citing the DNA tests as inconclusive.[48] That ruling was appealed to the Arkansas Supreme Court, which heard oral arguments in the case on September 30, 2010.
Foreman and jury misconduct (2008)
In July 2008, it was revealed that Kent Arnold, the jury foreman on the Echols/Baldwin trial, discussed the case with an attorney prior to the beginning of deliberations and advocated for the guilt of the West Memphis Three as a result of the inadmissible Jessie Misskelley statements.[49] Legal experts have agreed that this issue has the strong potential to result in the reversal of the convictions of Jason Baldwin and Damien Echols.[49]
In October 2008, Attorney (now Judge) Daniel Stidham, who represented Jessie Misskelley in 1994, testified at a postconviction relief hearing. Stidham testified under oath that, during the trial, Judge David Burnett approached the then-deliberating jury in the Misskelley matter at approximately 11:50 a.m. and advised them they would be breaking for lunch.[citation needed] When the foreman answered, "We may almost be done," Judge Burnett responded, "Well, you'll still have to return for sentencing." When the foreman asked, "What if we find him not guilty?" Judge Burnett closed the door without answering. Stidham testified that his failure to request a mistrial based on this exchange was ineffective assistance of counsel and that Misskelley's conviction should therefore be vacated.
Arkansas Supreme Court ruling
On November 4, 2010 the Arkansas Supreme Court ordered a lower judge to consider whether newly-analyzed DNA evidence might exonerate the three men convicted in the 1993 murders of three West Memphis Cub Scouts.[50] The justices also said a lower court must examine claims of misconduct by the jurors who sentenced Damien Echols to death and Jessie Misskelley and Jason Baldwin to life in prison.[50]
In early December 2010, Circuit Court Judge David Laser was selected to replace David Burnett, who was elected to the Arkansas State Senate, as judge in the appeal hearings.[51]
Plea deal
On August 19, 2011, Echols, Baldwin and Misskelley were released from prison after Judge David Laser accepted an Alford plea deal, in which the three plead "no contest" to the charges, thereby conceding that prosecutors had sufficient evidence to secure a conviction while reserving the right to assert their innocence. The judge then sentenced them to 18 years and 78 days, the amount of time they had served, and they were given a Suspended Imposition of Sentence for 10 years.[52] If they re-offend they can be sent back to prison for 21 years.[53] It is unknown if they intend to pursue civil litigation against any of the police officers or prosecutors involved in their case, though such relief might be available to them despite the "no contest" plea.[54] Both Baldwin and Echols' convictions were dropped to three counts of first degree murder.
Family and law enforcement opinions
The families of the three victims are divided in their opinions as to the guilt or innocence of the West Memphis Three. In 2000, the biological father of Christopher Byers, Rick Murray, described his doubts on the West Memphis Three website.[55] In August 2007, Pamela Hobbs, the mother of victim Steven Branch, and John Mark Byers, adoptive father of Christopher Byers, joined those who have publicly questioned the verdicts, calling for a reopening of the verdicts and further investigation of the evidence.[citation needed] In late 2007, John Mark Byers announced that he now believes that Echols, Misskelley, and Baldwin are innocent. "I believe I would be the last person on the face of the earth that people would expect or dream to see say free the West Memphis Three," said Byers. "From looking at the evidence and the facts that were presented to me, I have no doubt the West Memphis Three are innocent." Byers is writing a book, and a film biography is being considered for production.[56] Byers has been speaking to the media on behalf of the convicted and has expressed his desire for "justice for six families."[3]
In 2010, district Judge Brian S. Miller ordered Terry Hobbs, the stepfather of victim Stevie Branch, to pay $17,590 to Dixie Chicks singer Natalie Maines for legal costs stemming from a defamation lawsuit he filed against the band. Miller dismissed a suit Hobbs filed over Maines's remarks at a 2007 Little Rock rally implying he was involved in killing his stepson. The judge said Hobbs had voluntarily injected himself into a public controversy over whether three teenagers convicted of killing the three 8-year-old boys had been wrongfully condemned.[57]
John Douglas, a former longtime FBI agent who has interviewed the country's most prolific serial killers during his years with the FBI, is known for developing profiles to help police in their searches for violent criminals said the slayings of the three West Memphis boys weren't the work of three unsophisticated teenage killers, but that of a single person who set out to taunt and "punish" the victims. [58]
Documentaries, publications and studies
Two films, Paradise Lost: The Child Murders at Robin Hood Hills and Paradise Lost 2: Revelations, have documented this case and were strongly critical of the verdict. The movie marked the first time Metallica allowed their music to be used in a movie and drew attention to the cases.[59] The directors are planning two more sequels.[60]
There have been a number of books, including Blood of Innocents by Guy Reel, The Last Pentacle of the Sun: Writings in Support of the West Memphis Three, edited by Brett Alexander Savory & M. W. Anderson, featuring dark fiction and non-fiction by well-known speculative fiction writers, and Devil's Knot by Mara Leveritt, which also argue that the suspects were wrongly convicted. In 2005, Damien Echols completed his memoir, "Almost Home, Vol 1," offering his perspective of the case.[61]
In 2002, Henry Rollins worked with other vocalists from various well-known rock, hip hop, punk and metal groups (as well as certain members of Black Flag and the Rollins Band) singing for the compilation album Rise Above: 24 Black Flag Songs to Benefit the West Memphis Three. All money raised from sales of the album are donated to the legal funds of the West Memphis Three.
Metal-core band, Zao released album titled "Parade of Chaos" on July 10, 2002, including a track "Free The Three", which was inspired by the the West Memphis Three.
A website[62] by Martin David Hill, containing approximately 160,000 words, collates details and speculates on information surrounding the murders. It particular it highlights contradictory or possibly suspicious statements allegedly made by or about various figures in the investigation.
On April 28, 2011, the band Disturbed released a b-side from their album Asylum entitled "3". The song, released as an exclusive download on their official website, is about the West Memphis Three with 100% of the proceeds going to their benefit foundation for their release.
Investigative journalist Aphrodite Jones undertook an exploration of the West Memphis Three case following the DNA discoveries on her Discovery Network's show True Crime With Aphrodite Jones. The episode premiered May 5, 2011, with extensive background information included on the show's page at the Investigation Discovery site.
See also
- Satanic ritual abuse - The moral panic that originated in the U.S. in the 1980s, spreading throughout the country and eventually to many parts of the world, before subsiding in the late 1990s.
References
- ^ "Youth Is Convicted In Slaying of 3 Boys In an Arkansas City" The New York Times, February 5, 1994. "The prosecution said the slayings might have been part of a satanic ritual." [1]
- ^ "Arguments conclude in 'West Memphis Three' appeals" By The Associated Press Arkansas Online, October 2, 2009. "Prosecutors claimed the killers sexually mutilated the boy in a satanic ritual." [2]
- ^ a b c d e f g Lundin, Leigh (2010-11-14). "Not-so-cold Old Cases". Capital Punishment. Orlando: Criminal Brief.
- ^ a b "Second Amended Writ of Habeas Corpus". David P Davis Esq, Attorney at Law. Retrieved October 31, 2007.
- ^ Brantley, Max (2010-11-04). "New hearings ordered in W. Memphis 3 case | Arkansas Blog". Arktimes.com. Retrieved 2011-08-19.
- ^ "West Memphis 3 Closer to New Trial? | MyFoxMemphis | Fox 13 News". MyFoxMemphis. 2011-06-08. Retrieved 2011-08-19.
- ^ Fresh DNA evidence boosts defense in 1993 Arkansas slayings
- ^ "Plea reached in West Memphis murders". Arkansasonline.com. Retrieved 2011-08-19.
- ^ a b Sauls, Burk. "Case Synopsis". Free the West Memphis Three. Archived from the original on 2007-06-23. Retrieved 2007-07-23.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak Leveritt, Mara (2003). Devil's Knot: The True Story of the West Memphis Three. Atria. ISBN 0743417607.[page needed]
- ^ a b c d e f g h i j k l Stidham, Dan. "Case Synopsis". Free the West Memphis Three. Archived from the original on 2007-07-18. Retrieved 2007-07-20.
- ^ a b c "Christopher Byers Autopsy". West Memphis Three Case - Document Archive. Retrieved 2009-07-01.
- ^ Leveritt, Mara (2007-07-19). "New evidence in West Memphis murders: Victim's mother believes defendants innocent". Arkansas Times. Retrieved 2009-07-05.
- ^ "Testimony of Dr. Frank Peretti". West Memphis Three Case - Document Archive. Retrieved 2009-07-01.
- ^ "Testimony of Michael DeGuglielmo". West Memphis Three Case - Document Archive. Retrieved 2009-07-01.
- ^ "3 Teen-Agers Accused in the Killings of 3 Boys". New York Times. June 6, 1993. Retrieved 2010-12-04.
- ^ a b c Leveritt, 2003, p. 27-28
- ^ a b c Steel, Fiona. "The West Memphis Three". Turner Broadcasting System.
- ^ "Revelations: Paradise Lost 2. HBO. 28 July 2000 Broadcast. 17 March 2006". Retrieved 2007-02-19.
- ^ "Damien Echols Polygraph". Callahan.8k.com. Retrieved 2011-08-19.
- ^ 6 comments (2005-07-10). "collective - paradise lost, revelations dvd". BBC. Retrieved 2011-08-19.
{{cite web}}
: Text "last comment Jul 10, 2005" ignored (help)CS1 maint: numeric names: authors list (link) - ^ "The Law Office of David Perry Davis, Esq., Pennington, New Jersey. Page on statements by Jessie Misskelley, Jr". Dpdlaw.com. 1993-06-03. Retrieved 2011-08-19.
- ^ a b "cr94-848". Courts.state.ar.us. Retrieved 2011-08-19.
- ^ Transcript, MissKelley, Jr. Confession
- ^ WM3.org - Case Synopsis by Dan Stidham[dead link]
- ^ "Steel, Fiona. "The West Memphis 3." Court TV. 17 Mar. 2006". Crimelibrary.com. Retrieved 2011-08-19.
- ^ "Misskelley Trial - Testimony of Victoria Hutcheson - January 28, 1994". Callahan.8k.com. 1994-01-28. Retrieved 2011-08-19.
- ^ "Teens Plead Innocent In Boys' Deaths". Times Daily. Aug 4, 1993. Retrieved 2010-12-04.
- ^ “Arkansas Teen Found Guilty On Three Counts Of Murder,” Gainesville Sun, Feb 5, 1994
- ^ "Youth Is Convicted In Slaying of 3 Boys In an Arkansas City". The New York Times. 1994-02-05.
- ^ "Teens Found Guilty In Boys' Slayings". Free Lance-Star. March 19, 1994. Retrieved 2010-12-04.
- ^ "Appeal puts 3 Ark. boys' murders back in spotlight". Seattle Post Intelligencer. May 5, 1993.
{{cite news}}
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requires|url=
(help) - ^ "Echols v. State (Dudley, J.) CR94-928". Courts.state.ar.us. Retrieved 2011-08-19.
- ^ Henry Weinstein, Lawyers file DNA motion in Cub Scout murder case, Los Angeles Times October 30, 2007
- ^ a b http://callahan.8k.com/images/cooper_statement.jpg
- ^ http://callahan.8k.com/images/jmb/jmb_knife2.jpg
- ^ http://callahan.8k.com/images/berlinger_statement.jpg
- ^ http://callahan.8k.com/images/sinofsky_statement.jpg
- ^ "Testimony of Gary Gitchell - Echols/Baldwin Trial". Callahan.8k.com. Retrieved 2011-08-19.
- ^ "John Mark Byers Statement - January 26, 1994". Callahan.8k.com. Retrieved 2011-08-19.
- ^ "Genetic Design - January 27, 1994 Report". Callahan.8k.com. 1994-01-27. Retrieved 2011-08-19.
- ^ a b c d Hackler, Tim (2004-10-07). "Complete Fabrication". Arkansas Times. Retrieved 2009-07-01.
- ^ WM3.org - DNA TESTING CONCLUDES[dead link]
- ^ Mara Leveritt and Max Brantley New evidence in West Memphis murders, Arkansas Times July 19, 2007
- ^ "WMC-TV: News, Weather, Traffic, Radar, and Sports for Memphis, TN; WMCTV.com | DNA evidence may connect family member to West Memphis 3 crime scene". Web.archive.org. 2007-12-10. Retrieved 2011-08-19.
- ^ "KAIT: Mother of West Memphis 3 Victim Speaks About New DNA Evidence". Kait8.com. Retrieved 2011-08-19.
- ^ Arkansas Blog: West Memphis 3 Press Conference
- ^ Judge rejects request for new trial for 3 men convicted of 1993 slayings of 3 Arkansas boys[dead link]
- ^ a b Beth Warren, "Jury foreman in West Memphis Three trial of Damien Echols accused of misconduct," Memphis Commercial Appeal, October 13, 2010
- ^ a b Bleed, Jill Zeman (November 4, 2010). "New hearing ordered for 3 in Ark. scout deaths". Associated Press. Retrieved November 10, 2010.
- ^ "New judge appointed for West Memphis appeals". The Associated Press/wxvt. December 1, 2010. Retrieved December 5, 2010.
- ^ http://www.nytimes.com/2011/08/20/us/20arkansas.html?_r=1&pagewanted=2
- ^ Lesnick, Gavin. "Plea reached in West Memphis murders". ArkansasOnline. Arkansas Democrat Gazette. Retrieved 19 August 2011.
- ^ "Can The West Memphis Three Sue For Wrongful Imprisonment?". Maxwell S. Kennerly. 2011-08-19. Retrieved 2011-08-19.
- ^ WM3.org - Case Information[dead link]
- ^ Alex Coleman , "Victim's father wants West Memphis 3 set free", WREG, February 26, 2010
- ^ Dixie Chicks' Natalie Maines Wins "West Memphis Three" Defamation Suit CNN, April 19, 2010
- ^ [3] November 7, 2010
- ^ "Metallica May Give Music To "Paradise Lost" Sequel". MTV. May 28, 1998. Retrieved 2010-11-24.
- ^ "'Paradise Lost' Team Plans Two More West Memphis Three Documentaries". MTV. Feb 23 2010. Retrieved 2010-11-24.
{{cite news}}
: Check date values in:|date=
(help) - ^ Echols, Damien (June 3, 2005). Almost Home: My Life Story Vol 1. iUniverse, Inc.
- ^ Martin David Hill. "Murders in West Memphis". Retrieved 2011-08-20.
External links
- West Memphis Three at the Court TV Crime Library
- West Memphis 3 at Curlie
- Archive of West Memphis Three reports from Memphis Commercial Appeal
- Current events
- Article Feedback Pilot
- 1993 murders in the United States
- Crittenden County, Arkansas
- Crimes involving Satanism or the occult
- Enumerated defendants
- History of Arkansas
- Murder committed by minors
- People convicted of murder by Arkansas
- American people convicted of murder
- American murderers of children