West Memphis Three

"WM3" redirects here, for the professional wrestling event see WrestleMania III

The West Memphis 3 is the name given to three teenagers who were tried and convicted of the murders of three children in the Robin Hood Hills area of West Memphis, Arkansas, United States in 1993. Damien Echols was sentenced to death. Jessie Misskelley and Jason Baldwin were sentenced to life imprisonment.

The case has received considerable attention. Their supporters believe the arrests and convictions were a miscarriage of justice and that the defendants were wrongfully convicted during a period of intense media scrutiny. The defendants remain imprisoned, but legal proceedings are ongoing. As of July 2007, new forensic evidence is being presented in the case.

A status report jointly issued by the State and the Defense team on July 17 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.

In September of 2008, Judge David Burnett (Circuit Court) denied Echols' application for a hearing on the new DNA evidence. Hearings for Jason Baldwin and Jessie Misskelley are scheduled for September 23rd through October 1st.

Damien Echols' next stage in the legal process is an appeal to the Arkansas Supreme Court. Unless that court reverses the conviction, he will proceed to federal court on his pending writ of habeas corpus.

Crime

Three eight-year-old boys — Steve Branch, Christopher Byers, and Michael Moore — were reported missing on May 5, 1993. The first report to the police was made by Christopher Byers's adoptive father, John Mark Byers, at about 7:00 pm. The boys were last seen together entering the Robin Hood Hills at about 6:00 pm by a neighbor. Initial police searches made that night were limited. Friends and neighbors also conducted an impromptu yet unsuccessful search that night, which included at least a cursory visit to the location where the bodies were finally found.

A more thorough police search for the children began at about 8:00 am on the morning of May 6, aided by Crittenden County Search and Rescue personnel. Searchers canvassed all of West Memphis, but focused primarily on the Robin Hood Hills, a frequent playground for children, and the last location where the boys were reported. Despite a human chain making a shoulder-to-shoulder search of the Robin Hood Hills, searchers found no sign of the missing boys. Search and Rescue personnel broke for lunch at 1:00 pm, but police and others continued searching.

At about 1:45 pm, Juvenile Parole Officer Steve Jones spotted a boy's black shoe floating in a muddy creek that led to a major drainage canal in the Robin Hood Hills. A subsequent search of the ditch found the boys' bodies. They were stripped naked and had been hog-tied with their own shoelaces: their right ankles tied to their right wrists behind their backs, the same with their left limbs. Their clothing was found in the creek, some of it twisted around sticks that had been thrust in the muddy ditch bed. The clothing was mostly turned inside-out; two pairs of the boys' underwear were never recovered. All of the boys had been severely beaten on their heads and faces, and Byers further had a fractured skull. Chris Byers had deep lacerations and injuries to his scrotum and penis.

The original autopsies were inconclusive as to time of death, but stated that Byers died of blood loss (from either stab wounds or a deep head wound), and the other boys drowned. A later review of the case by a medical examiner for the defense attorneys determined the boys had been killed between 1:00 am and 5:00 am on May 6, 1993.

The official interpretation of the crime scene forensics for the case remains controversial. Prosecution experts claim Chris Byers' wounds were the results of a knife attack and that he had been purposefully castrated by the murderer; defense experts claim the injuries may have been the result of animal predation. Police suspected the boys had been raped or sodomized; later expert testimony disputed this finding despite the fact trace amounts of sperm DNA were found on a pair of pants recovered from the scene. Police believed the boys were assaulted and killed at the location they were found; critics argued the assault, at least, was unlikely to have occurred at the creek.

Christopher Byers was the only victim with drugs in his system; he had been prescribed Ritalin in January 1993, as part of an attention-deficit disorder treatment. (The initial autopsy report describes the drug as Carbamazepine.) The fact that the dosage was found to be at sub-therapeutic level is consistent with John Mark Byers's statement that Christopher may not have taken his prescription on May 5, 1993.

The Controversy

In 1993, HBO's "America under cover" were in Little Rock Ak. filming a documentary entitled "Gangbanging in Little Rock". Upon hearing the news of the West Memphis murders, they sent New York film makers Joe Berlinger and Bruce Sinofski to investigate. In a 1996 interview Berlinger conceeded that days before the Echols trial - having heard none of the evidence - he decided Echols was innocent after an initial five minute meeting with him. They then set out to "create a groundswell of support" for Echols by deliberately manipulating both the content and chronology of events to create "a higher emotional truth".

Armed with a physical attraction to Echols, they presented nothing more than failed Defense arguments, while virtually the entire Prosecution's case was ignored. In practically every instance the finished film presented the Defense witness direct examination, while the devestating cross examination was left on the editing room floor.

Notable omissions include:

1) Testimony from Misskelley's Psych expert that MMPI testing indicated Misskelley's "72" IQ score was the result of "malingering", or faking to assist in his coercion.

2) Testimony from Misskelley's interrogation expert that his interrogation was shorter than the four hours he teaches police as standard.

3) Testimony from Echols that he and his family had fabricated his alibi, and changed it several times to fit the timeslot of the crime.

Investigation

There has been widespread criticism of how the police handled the crime scene. Misskelley's former attorney Dan Stidham cites multiple substantial police errors at the crime scene, characterizing it as "literally trampled, especially the creek bed." 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 even 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 all three bodies were pulled from the water). Stidham calls the coroner's investigation "substandard." There was a small amount of blood found at the scene that was never tested. After the initial investigation, the police failed to control disclosure of information and speculation about the crime scene.

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." 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. 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 afterwards.

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."

One expert, in the film Paradise Lost 2, 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 own expert testified that the mark in question was not an adult bite mark, which is consistent with the testimony of the list of experts put on by the State who had concluded that there was no bite mark. 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.

Police interviewed Echols two days after the bodies were discovered. During a polygraph examination, he denied any involvement, but the polygraph examiner claimed that Echols' chart indicated deception. When asked to produce the record of the examination, he indicated that he had no written record. Officer Durham, who administered the polygraph, also did not keep any record of the test. Recently, the report was found and is featured on the West Memphis Three Official Website, under the Evidence Archive.

On May 10, 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.

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. 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 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 after, 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."

After a month had passed, with little progress in the case, police continued to focus their investigation upon Echols, interrogating him more times than any other person, but claiming he was not regarded as a direct suspect but a source of information.

On June 3, police interrogated Misskelley. Misskelley, whose IQ was reported to be 72 (making him borderline mentally retarded), was questioned alone; his parents were not present during the interrogation. 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. Misskelley was questioned for roughly twelve hours; only two segments, totaling 46 minutes, were recorded. Misskelley quickly recanted his confession, citing intimidation, coercion, fatigue, and veiled threats from police. 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. He has further described Misskelley's statement as "the stupidest fucking confession I've ever seen." 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." 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.

Subsequent to his conviction, a police officer also alleged that Misskelley had also confessed to her. However, once again, no reliable details of the crime were provided.

Misskelley was a minor when he was questioned, and though informed of his Miranda rights, he later claimed he did not fully understand them. The Arkansas Supreme Court determined that Misskelley's confession was voluntary and that he did, in fact, understand the Miranda warning and its consequences. Misskelley specifically said he was "scared of the police" during his first confession. 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.

Shortly after Misskelley's original confession, police arrested Echols and his close friend Baldwin.

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.

James Martin Sr.

James Martin Sr., a new resident in the area and a known child molester, offered his testimony as an expert into the criminal mind. With the exception of John Mark Byers, he currently has the largest file (57 pages) at www.wm3.org and has often been thought to be the leading suspect, especially early on in the case. Why he was removed from the suspect list eludes many people. In addition to failing the polygraph test, he also described the crime in great detail, with much information that had not been released to the public at the time of his interview (including the fact that the boys had been tied with their own shoelaces). He presented obvious signs of Antisocial Personality Disorder, and had at one time been hospitalized and incarcerated for sexually assaulting both his stepson and stepdaughter. He currently lives in Gatlinburg, Tennessee.

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.

May 6, 1993 (the day the murder victims were found), Hutcheson was given 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." 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. 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, potentially contributing to the growing belief that the murders were part of a Satanic rite.

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.

On June 2, 1993, Hutcheson told police that about two weeks after the murders were committed, she, Echols and Misskelley attended an Esbat in Turrell, Arkansas. Hutcheson claimed that, at the Esbat, a drunken Echols openly bragged about killing the three boys. Misskelley was first questioned on June 3, 1993, a day after Hutcheson's Esbat confession. Hutcheson was unable to recall the Esbat location, and did not name any other participants of the purported Esbat.

Hutcheson was never charged with theft. She claims that she implicated Echols and Misskelley to avoid facing criminal charges, and to gain a reward for the discovery of the murderers.

Damien Echols

Damien Echols was born on December 11, 1974. He was known in the community to have more than a troubled past. He was diagnosed as psychotic, having suffered from halicunations since childhood. Damien was convicted of murder and sentenced to die by lethal injection. Damien is a man that had an interest in heavy metal, drugs, and Satanism.

Exhibit 500, his medical records which were presented by the Defense during the sentencing pahse of his trial show a long history of violent anti-social behavior resulting in his being committed to 4 mental institutions in three states prior to the murders.

5/7/92. E. Arkansas Mental Health Center: Client admits to having been suspended seven times this past semester for initiating fights at school and starting fires. States in one fight he almost gouged out the victim’s eyes.

Clinical report based on psychological tests: The behavior of this youngster is characterized by impulsive hostility...the desire to gain power and demean others springs from animosity and a wish to vindicate past grievances. This teenager believes that past degradations may be undone by provoking fear and intimidation in others. Cool and distant, this youth demonstrates little or no compassion for others.

5/19/92. Damien arrested for breaking into a trailer with his 15 year old girlfriend, Deanna Holcomb. Suicide pact if they couldn’t be together. Damien threatening to kill police officers and Deanna’s father when picked up. Convicted of second-degree burglary and sexual misconduct.

5/19/92 to 6/1/92. Craighead County Juvenile Detention Center. Damien voiced suicide plan to folks at the center. Staff reported that Damien and Deanna planned to have a baby and sacrifice it. Damien knocked a peer to the ground, sucked the blood from the boy’s wounded arm and rubbed the blood on his face. No remorse. Deanna is hospitalized at Mid-South Hospital in Memphis.

Joyce Cureton, Juvenile Director, reported that “it is our opinion that Damien needs mental health treatment.”

6/1/92 to 6/25/92. Charter Hospital of Little Rock. Immediate hospitalization due to suicidal intent.

Admits to a history of violence and attempting to scratch out the eyes of a classmate. There were major concerns that Damien was exhibiting disturbed thinking. He has a history of extreme physical aggression toward others. It was felt that he needed to be temporarily removed from his environment to provide protection for him and protection for others.

Damien states, “I burn myself with lighters. I have huffed gas and paint, used speed, marijuana, glue, and alcohol.”

Progress Notes:

Damien stated that he got ahold of a police officer’s gun, and that if Deanna’s father had acted aggressively, “I would have blown him away and the next time I will eliminate that person.”

Denies having a conscience or feelings of regret.

Stares into space and shows no emotional response to any kind of stimuli.

Verbalized concern that there are surveillance cameras behind his mirror and under the desk in his room. Quite paranoid; he definitely bears watching.

Still drawing witchcraft symbols & continues to speak of bizarre and unusual practices.

Makes an unusual sound with his mouth that sounds like a cat purr.

States that visit with parents didn’t go well, but would not elaborate.

Damien’s mother concerned about her son “not learning to deal with anger and rages.” Thinks Damien is responding to outside stimulation. Voiced fear that “son may be crazy.”

6/25/92. Damien discharged to mother with instructions for continuing care. Family moving to Oregon.

8/13/92 Home Visit Evaluation by Calvin Downey, Oregon Juvenile Counselor:

Damien indicates he did spend approximately 30 days in a psychiatric hospital via court order, because he was suicidal. He feel his prior depression has improved greatly. Denies use of nonprescribed, controlled substances or alcohol.

Mrs. Echols indicates there are no family conflicts with Damien, that he gets along well with the family, that she does not believe he has a behavioral problem & that she does not need any services from this state.

9/1/92. Officer Ortez is called to the Echols’ apartment in Oregon. Damien transported to St. Vincent’s Hospital.

Emergency Room Report: The patient denies suicidal or homicidal ideation. However, in talking with family members, they state that he made it quite clear that he had thoughts of harming other people, i.e. was going to cut mother’s throat, and also made verbal threats to his father here at St. Vincent’s.

Parents state that he has sniffed propane, glue, gasoline and almost any other drug that is possible. Parental concerns regarding satanism, devil worship.

Admission diagnosis: Suicidal/homicidal ideation.

9/4/92. Discharged from St. Vincent’s. Because of Damien’s threats, both parents do not feel that they wish to have him return to their home. They are frightened of him and what he can do, not only to them but to the other children who reside in the home (2 others). Damien is to return to Arkansas by bus.

9/14/92 to 9/28/92. Readmitted to Charter Hospital from Juvenile Detention Center. He admitted to sucking the blood out of a peer’s neck while in the Center. The other peers were afraid of him. Threats to kill both parents (slash throats, eat alive).

Presenting problem: Homicidal and psychosis. Alteration in thought processes evidenced by delusional thinking and inappropriate social behavior.

Progress notes: Belief in devil worship, has agreed to threatening to “kill” others. Bizarre behaviors. Stated he had attempted suicide before and “wasn’t worried about trying again, because I know I can come back.”

Says he’s going to eat father and that he needs to be locked up or he will hurt someone.

Peers complaining of Damien making growling sounds at them.

Continues talk of satanism. Possible deprogramming needed. Could be a danger to others.

Continues laughing strangely and getting peers to feed into his satanism. Tries to keep staff from seeing him do anything other than what’s appropriate according to unit guidelines. Depressed mood, bizarre behavior.

Said he was “happy to be here because otherwise he’d be in jail and this has to be better.”

Spoke with Jerry Driver re: Damien’s discharge to stepfather Jack Echols. Said this was “ok”.

Diagnosis:  Psychotic Disorder NOS and Dysthymia.  Prognosis:  Poor.

1/5/93. Mental Health Center reopens case: Reports self-mutilation, cutting self with knives. Will “trance out” since 5th grade - doesn’t have to deal with what’s going on. Says he thinks a lot about life after death--”I want to go where the monsters go.” He admits being caught with satanic items, but denies cult involvement.

Is interested in witchcraft for the past 8 years. He has tried to steal energy from someone else and influence others’ minds with witchcraft. Describes self as “pretty much hates the human race.” Relates that he feels people are in two classes--sheep and wolves (wolves eat the sheep).

1/13/93: Damien reports that he’s very angry with family members and with other people who have “let him down”. He discussed issues of power & control. He states that he could make things happen. Affect and mood was flat.

1/19/93: Reveals history of abuse as he talked of how he was treated as a child. States, “I just put it all inside.” Describes this as more than just anger - like rage. Sometimes he does “blow up.” Relates that when this happens, the only solution is to “hurt someone.” When questioned on his feelings he states, “I know I’m going to influence the world. People will remember me.”

1/20/93: Damien is an 18 year old, recently discharged from Charter Hospital. He’s had three psychiatric hospitalizations. Each has been associated with anger, thoughts of killing others, and thoughts of killing himself.

1/25/93: Speaks of rituals, drinking blood, more involved in demonology. Damien explained that he obtains his power by drinking blood of others. He typically drinks the blood of a sexual partner or of a ruling partner. This is achieved by biting or cutting. He states, “It makes me feel like a god.”

Damien describes drinking blood as giving him more power and strength. He remembers doing this as far back as age 10. He wants very much to be all powerful. He wants very much to be in total control.

Damien relates that a spirit is now living with him. The spirit was put inside him last year. He indicates that a month ago, the spirit decided to become part of him and he to become part of the spirit. This is reportedly a spirit of a woman who was killed by her husband. In addition, he also reports conversations with demons and other spirits. This is achieved through rituals.

He denies that he’s satanic, seeing himself more as being involved in demonology.

Affect and mood today continued to be bland, although there was more emotion when talking about drinking blood.

2/5/93: Damien is noted to have cuts on his right arm and hand. Related that he cut himself as a way of permanently marking his skin. Related feeling very angry yesterday when running into previous girlfriend. “I controlled it - I can do anything.”

5/5/93: At times he is impulsive and does things that may be harmful to him. He has impulses to do strange and harmful things.

5/5/93: Christopher Byers, Steve Branch, and Michael Moore are murdered.

Echols was convicted and sentenced to die by lethal injection.

His conviction has been upheld for 15 years by both the circuit and Supreme courts.

Trials

Echols and Baldwin were tried together; Misskelley was tried separately. Misskelley was convicted of the slaying of the two boys in 1994.

Aftermath

Today, although some West Memphis police personnel continue to insist the West Memphis Three are guilty, many critics continue to call for further investigation into the verdict. The biological father of Christopher Byers, Rick Murray, described his doubts in 2000 on the West Memphis Three website.

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.

Legal status

The convictions were upheld on direct appeal. Echols case recently petitioned for a retrial based on a statute permitting post-conviction testing of DNA evidence due to technological advances made since 1994 might provide exoneration for the wrongfully convicted. However, the original trial judge, Judge David Burnett, has disallowed hearing of this information in his court.

It is expected that a reversal of Echols' conviction would result in the vacating of the Baldwin and Misskelley convictions.

In July, 2008, it was revealed that Kent Arnold, the jury foreman on the Echols / Baldwin trial, had 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. The resulting juror misconduct claim is expected to result in a reversal of the convictions by 2009.. 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. If their convictions are reversed, the State is expected to retry them.

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. 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. Legal experts have agreed that this issue has the strong potential to result in the reversal of the conviction of Jessie Misskelley. If his conviction is reversed, the State is expected to retry him.

John Mark Byers' knife gift

John Mark Byers, the adoptive father of victim Christopher Byers, gave a knife to cameraman Doug Cooper, 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. 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. The knife was not received at the West Memphis Police Department until January 8, 1994.

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. 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. 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, and due to the fact that both John Mark Byers and Chris Byers had the same HLA-DQα genotype. The 2007 joint status report submitted to the Arkansas Supreme Court affirmed that there was no DNA at the scene from Echols, Baldwin, Misskelley, nor John Mark Byers, a fact many observers equate with exoneration of all four suspects.

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, originally overlooked in the original autopsy and trial. No matches were found. According to the film, John Mark Byers had his teeth removed in 1997—after the first trial. He has never offered a consistent reason 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. 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. He also had a 1988 conviction for terrorist threats that arose from an incident involving his ex-wife, Sandra Byers. Melissa Byers had contacted Christopher's school a few weeks before the murders, expressing concerns that her son was being sexually abused. A fact not revealed until after the trial was that John Mark Byers had acted as a police informant on several occasions. His prior conviction for the 1988 incident had been expunged in May, 1992, upon the completion of probation, despite the fact that other criminal charges against him should have invalidated his probation.

Vicki Hutcheson recants

In October 2003, Vicki Hutcheson, who played a part in the arrests of Miskelley, 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. She further asserted that the police had insinuated if she did not cooperate with them they would take away her child. 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. She also claims that an audio tape the police claimed was "unintelligible" (and eventually lost) was perfectly clear and contained no incriminating statements. However, Hutcheson did not testify at the Echols/Baldwin trial.

DNA testing and new physical evidence

In 2005, DNA collected from the crime scene was tested an foreign alleles found on the bindings on Steve Branch, and a penile swab from Micheal Moore were consistent with DNA samples from Echols and Misskelley. In addition, a hair Defense investigator Ron Lax reported having originated from Terry Hobbs has proven not to have been a match at all.

Defense DNA expert Thomas Fedor at a 2007 press conference:

The two hairs that I know about – the one that could have in fact come from Mr. Hobbs and the one that could have in fact come from David Jacoby – constitute what I call weak evidence. Because there are other people it could have come from and there isn’t any way to really prove our selection of possible sources for that hair. I don’t think – my personal opinion – I don’t think that that hair evidence would be enough to convict Mr. Hobbs or Mr. Jacoby or anyone that would be in a similar situation because it’s simply not strong enough. The percentages I gave of people who could be the source of those hairs are 1.5% of the population in the respect to one hair and 7% in respect to the other hair. That’s not particularly strong evidence and especially in the context of what most people are accustomed to with DNA testing. These odds are considerably weaker than what we would call an STR DNA test that virtually provides a source.

Prosecutors report "The State stands behind its convictions of Echols and his codefendants."

On September 10, 2008 Circuit Court Judge David Burnett denied the request for a retrial, citing the DNA tests as inconclusive.

John Mark Byers

In a 2006 interview with the Memphis Flyer, he reflected on his 1994 participation with Joe Berlinger and Bruce Sinofsky: "Two Jew-boys from New York City took advantage of our families in this crisis to make money. I wasn't in my right mind, I tried to stay on medicine and marijuana, and they capitalized on that. They set me up to look like the fool." Byers regrets that he didn't get more money for appearing in the documentaries and swore he'd not do another yet corrected himself adding He might, if he had a contract and a lawyer by his side.

In late 2007, He announced that he had once again struck a deal with film makers for his participation, though he refused to disclose the amount.

Byers is also writing a book, and a film biography is being considered for production. Mr. Byers has been speaking to the media on behalf of the convicted and has frequently expressed his desire for financial independance.

Documentaries and studies

Two films, Paradise Lost: The Child Murders at Robin Hood Hills and Paradise Lost 2: Revelations, have documented this case, as have the books Blood of Innocents by Guy Reel and Devil's Knot by Mara Leveritt. The documentary films and Leveritt's book were strongly critical of the verdict, and argue that the suspects were wrongly convicted. Some have been critical of the filmmakers' omission of Echols' history of mental illness. Echols published an autobiography entitled Almost Home. Paradise Lost 3 is currently in production and listed as being slated for release in 2009.

Tributes and support

The case has seen interest from celebrities staging fund-raisers.

• Metallica allowed their songs to be used in the films for no charge.
• Actress Winona Ryder has supported the attempts to obtain a retrial.
• Under the direction of Henry Rollins, various hip-hop, heavy metal, punk, and other musicians came together to record Rise Above, a collection of cover songs originally performed by Black Flag. All profits from the record and the supporting tour were donated to the suspects' defense funds.
• Another benefit album was 2000's Free the West Memphis 3 featuring artists such as Steve Earle, Tom Waits, The Supersuckers, Joe Strummer, Killing Joke, Eddie Vedder and L7. This album was organized by Eddie Spaghetti of The Supersuckers.
• Zao featured a song named "Free the Three" on their 2002 album Parade of Chaos and on their greatest hits album Legendary.
• In 2003 a benefit exhibition titled Cruel And Unusual was held at the Los Angeles art gallery sixspace which was hosted by Winona Ryder and included artwork by Raymond Pettibon, Shepard Fairey, Marilyn Manson and others. The exhibition also included a series of talks by lawyers involved with the case and public figures such as Jello Biafra.
• In 2004, Leviathan released "West Memphis Three" on their album "Internal Inferno".
• Alkaline Trio has a song titled "Prevent This Tragedy" on their 2005 album Crimson about the West Memphis Three. The group also has a song titled "Do You Want To Know?" on their latest album Agony and Irony which is a further commentary on the WM3's current situation.
• Hip-hop artist, Sage Francis references both the West Memphis 3 and the Paradise Lost documentaries, on the track Slow Down Gandhi on his 2005 album A Healthy Distrust, with the line "The West Memphis Three lost paradise, it's death penalty versus Suicidal Tendencies"
• Comedian and political activist Margaret Cho has spoken out in support of the West Memphis 3 on several occasions on her blog. She has also posted correspondence with Damien Echols as well. In 2004 she posed for an American Library Association poster holding a copy of Almost Home: My Life Story Vol. 1 by Damien Echols.
• On May 12, 2006, Skeleton Key, an art auction with artists including Damien Echols, Cinquain, Norman Reedus, Jay Mueller, Mick Rock, Bob Gruen, Erik Rose and Lorri Davis, premiered "An Art Auction Benefiting the West Memphis Three" which presented Damien Echols' art along with all the above named artists at 111 Minna Gallery in San Francisco. Auctions are on-going with all proceeds going to the defense fund.
• The Cure's Robert Smith sported a Free The Memphis Three sticker on his guitar during the band's European Festival in 2005.
• The Undead members Bobby Steele and Joel Gausten have publicly supported the West Memphis Three and have performed benefit concerts on their behalf.
• Hank Williams III has a "Free The WM3" sticker on a red guitar used during his Assjack sets.
• On July 21, 2006, State Radio debuted a song entitled "Unfortunates", which is about the West Memphis 3. The song is featured on the album Year of the Crow and can be seen performed live here: "Unfortunates".
• Skateboard company Zero Skateboards released three skateboard decks in support of the West Memphis 3 with a percentage of the profits going toward their defense fund.
• In November 2007, Dixie Chicks lead singer Natalie Maines started speaking out in support of the West Memphis Three by appearing at rallies and providing information on the band's websites. In 2008, Terry Hobbs brought suit against the band, claiming libel and intentional infliction of emotional distress, amongst other accusations.
• Former Misfits singer Michale Graves is a supporter of the West Memphis Three, and had Damien Echols contribute the lyrics to several songs on his 2007 album Illusions with Damien Echols.
• At the MTV Movie Awards in 2000, upon winning the award for Best Musical Performance for the song "Uncle Fucka", South Park creator Trey Parker, shouted at the end of his acceptance speech "Free the West Memphis 3!"
• Hip Hop project xReign Of Terrorx makes reference to the case in the song "Dear Martyr"
• On May 12, 2008, actor Will Ferrell was photographed wearing a t-shirt reading "FREE THE WEST MEMPHIS THREE".
• Mike Portnoy has been known to wear a t-shirt reading "FREE THE WEST MEMPHIS THREE". The photo can be seen at the top of his website.
• John Gray, Skeleton Key, and Texas Fear Fest ran a silent auction the weekend of March 7-9, 2008 to support the WM3 legal defense fund. Texas Fear Fest is a Dallas, Texas based horror convention and featured items from horror celebrities Michale Graves, Kane Hodder, Robert Englund, and the entire cast of Fright Night.
• American illustrator/storyteller Gris Grimly made a “Free the wm3” t-shirt to support the cause in 2008.
• Echols also co-wrote a song on Pearl Jam's Pearl Jam album with Eddie Vedder called Army Reserve.
• In the Season 5 Finale of "Dawson's Creek", after using the PA system to stop Audrey from getting on a plane, Joshua Jackson's character Pacey says: "Free the West Memphis Three."

External links

• West Memphis 3 at the Court TV Crime Library
• West Memphis 3 at Curlie
• Paradise Lost: The Child Murders at Robin Hood Hills at IMDb
• Paradise Lost 2: Revelations at IMDb