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  • West Memphis 3 may be exonerated

    Can you imagine the talk show money these guys are going to reaping when this is all said and done.

    ____________________________________________

    Reuters) - A judge has called a surprise hearing for Friday concerning three men - known as the West Memphis Three - convicted of "satanic" killings in 1993 of three 8-year-old Cub Scouts in Arkansas.

    The announcement on Thursday fueled speculation among supporters that the hearing could mean good news - including a new trial and possible release from prison - for those who believe the men were wrongly convicted.

    The Craighead County Circuit court in Jonesboro, Arkansas, will "take up certain matters pertaining to the cases" of convicted murderers Damien Echols, Jason Baldwin and Jessie Misskelley Jr., according to a statement issued by Craighead County Circuit Judge David N. Laser.

    Last month, a status report on new DNA evidence was filed in Craighead County court. It failed to link the crimes to the men convicted in the murders, advocates said at the time.

    Laser on Friday will hold one private session in chambers followed by a public session with victim families, family members of the defendants, and media.

    Echols is now awaiting execution on Death Row for the murders. Baldwin and Misskelley are serving life sentences. All three have now served about 18 years in jail.

    The murders of the Cub Scouts -- Steven Branch, Christopher Byers and James Michael Moore -- rocked the community of West Memphis. Police called the murders "satanic" in nature because the children's naked bodies had been bound and mutilated.

    The West Memphis Three, who were teenagers at the time of the murders, have always maintained their innocence in the deaths of the boys in the Arkansas-Tennessee border town.

    Prison officials confirmed that the three men were turned over to Craighead County officials from the Arkansas Department of Corrections on Thursday.

    "Craighead County officials picked them up around midday from ADC with all of their possessions," Shea Wilson, a prison spokesman, told Reuters.

    This led to speculation on the internet among West Memphis Three advocates that a release for two, or all three, could be announced as part of a deal to include a new trial.

    The judge issued a gag order for both sides in the case several months ago. So attorneys for the West Memphis Three and the Arkansas Attorney General would not comment on Thursday.

    The killings received international attention in 1993. Two HBO documentaries have been produced about the murders, and a third is planned for later this year.

    The case continues to attract celebrity activists. Last summer, singer Patti Smith, actor Johnny Depp and Pearl Jam's Eddie Vedder appeared at a benefit for the West Memphis Three in Little Rock.

    An evidentiary hearing ordered by the Arkansas Supreme Court last November is already scheduled for December 5. It is unclear if this will be affected by Friday's hearing.

    Death penalty opponents are hoping for exoneration on Friday for all three prisoners.

    "If it is exoneration, then Arkansas has just joined the other states that showed the dishonor of sentencing an innocent person to death," said Christian Ruud, executive director for Arkansas Coalition to Abolish the Death Penalty.


  • #2
    It's about time - I can't imagine the horror of spending 20 years in prison for murders you didn't commit.

    Narrow-minded small town white people scare the shit out of me.
    US Politics in three words - Divide and Conquer

    Comment


    • #3
      Originally posted by 3.90x3.62 View Post
      Can you imagine the talk show money these guys are going to reaping when this is all said and done.

      http://www.reuters.com/article/2011/...77I02520110819


      Wont NEARLY be enough to justify 18 years spent in Supermax prisons. I hope they get millions and millions of dollars but I doubt they will. probably just get a couple thousand bucks and a "sorry" and try to figure out how to live a normal life after 18 years behind bars.
      http://www.amazon.com/Viralution-Don...don+kehlenbeck

      www.facebook.com/TheViralution

      Comment


      • #4
        Originally posted by 3.90x3.62 View Post
        Can you imagine the talk show money these guys are going to reaping when this is all said and done.
        If the proof shows they are still guilty....?

        Stevo
        Originally posted by SSMAN
        ...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.

        Comment


        • #5
          I remember when that happened and followed the story in the news, and also have watched 2 documentaries about it....I'm pretty sure they won't be exonerated. Those were some seriously fucked up teenagers.

          Comment


          • #6
            Originally posted by stevo View Post
            If the proof shows they are still guilty....?

            Stevo
            Not even within the realm of possibility.

            Originally posted by ram57ta View Post
            I remember when that happened and followed the story in the news, and also have watched 2 documentaries about it....I'm pretty sure they won't be exonerated. Those were some seriously fucked up teenagers.
            Sure some cocksuckers at the local level made their careers on the bullshit case, but eventually this has got to reach someone with some authority that's removed from the BS. This is one of those instances where the president could even intervene.

            Even the screwball stepfather is on their side now.
            US Politics in three words - Divide and Conquer

            Comment


            • #7

              The West Memphis Three are the three men who were tried and convicted of the murders of three boys in West Memphis, Arkansas on May 5, 1993. 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]
              In September 2008, Judge David Burnett of the Circuit Court denied Echols' application for a hearing on the new DNA evidence. The Arkansas Supreme Court heard oral argument on Burnett's decision on September 30, 2010.
              On November 4, 2010, the Arkansas Supreme Court ruled that Burnett's interpretation of the DNA statute was too narrow and reversed and remanded all three cases for hearings as to whether new trials should be ordered.[5]
              The Arkansas Attorney General said in June 2011 he won’t fight evidence of Juror Misconduct in the West Memphis 3 case. A new hearing regarding this and DNA evidence is set for December 5th.[6] In July 2011, newly tested DNA evidence, including material from the crime scene, was found to not be a match to the defendants.[7]
              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 PM. The boys were last seen together by a neighbor, who reported that they had been called by Terry Hobbs, the stepfather of Steve Branch around 6:00 PM. Hobbs later denied seeing the boys at all on May 5.[8] Initial police searches made that night were limited.[9] Friends and neighbors also conducted a search that night, which included a cursory visit to the location where the bodies were later found.[9]
              A more thorough police search for the children began around 8:00 AM 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 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 Robin Hood Hills.[8] A subsequent search of the ditch found 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.[10] Christopher Byers also had deep lacerations and injuries to his scrotum and penis.[11]
              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.[12] A later review of the case by a medical examiner for the defense determined that the boys had been killed between 1:00 AM and 5:00 AM on May 6, 1993.[10]
              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[10][13] despite trace amounts of sperm DNA found on a pair of pants recovered from the scene.[14][citation needed] 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.[10]
              Byers was the only victim with drugs in his system; he was prescribed Ritalin[9] in January 1993, as part of a attention-deficit hyperactivity disorder treatment. (The initial autopsy report describes the drug as Carbamazepine.[11]) The dosage was found to be at sub-therapeutic level,[11][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

              [edit]Backgrounds of parties
              [edit]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.[9] 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.[9]
              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"[9] 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.[9] 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.[9] According to Crittenden County Prosecutor John Fogelman,[9] 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 still married and who never had any criminal charges made against them.[9]
              US Politics in three words - Divide and Conquer

              Comment


              • #8
                ..
                Suspects
                [edit]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.[15]
                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.[9] 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, which was conservative and Evangelical Christian.[9] Baldwin and Echols were acquainted with Misskelley from school, but were not close friends with him.[9]
                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.[9]
                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.[9] 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."[9]
                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.[9]
                [edit]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.[16] 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.[16]
                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.[16]
                [edit]"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 5 May 1993, at 8:42 pm, 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."[10]
                The man was bleeding from his arm and brushed against the walls. The man had defecated on himself and on the floor. The police were called, but the man left the scene. 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 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 an African-American male was later recovered from a sheet which was used to wrap one of the victims.[9]
                Investigative criticism
                There has been widespread criticism of how the police handled the crime scene.[9] Misskelley's former attorney Dan Stidham cites multiple substantial police errors at the crime scene, characterizing it as "literally trampled, especially the creek bed."[10] 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."[10] 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."[9] 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.[9] 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.[17]
                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."[9]
                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 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.[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.[18]
                US Politics in three words - Divide and Conquer

                Comment


                • #9
                  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.[9] 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.[17] 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[9] 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."[19][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.[9]
                  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.[9] 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.[9] Misskelley was questioned for roughly twelve hours; only two segments, totaling 46 minutes, were recorded.[20] Misskelley quickly recanted his confession, citing intimidation, coercion, fatigue, and veiled threats from police.[3][9]
                  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.[17] 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."[21] 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.[9]
                  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.[9]
                  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.[9] The Arkansas Supreme Court determined that Misskelley's confession was voluntary and that he did, in fact, understand the Miranda warning and its consequences.[22] Misskelley specifically said he was "scared of the police" during his first confession.[23] 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.[9]
                  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.[24]
                  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.[9][25]
                  On 6 May 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."[10] 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.[10] 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.[10]
                  On or about 1 June 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.[10]
                  On 2 June 1993, Hutcheson told police that about two weeks after the murders were committed, she, Echols and Misskelley attended an esbat in Turrell, Arkansas.[10] Hutcheson claimed that, at the esbat, a drunken Echols openly bragged about killing the three boys. Misskelley was first questioned on 3 June 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.[3]
                  Hutcheson was never charged with theft.[26] She claimed she implicated Echols and Misskelley to avoid facing criminal charges and to obtain a reward for the discovery of the murderers.[3]
                  ..
                  US Politics in three words - Divide and Conquer

                  Comment


                  • #10
                    Murder trials (1994)

                    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.[27]
                    On February 5, 1994, Misskelley was convicted by a jury of one count of first-degree murder and two counts of second-degree murder.[28] The court sentenced him to life plus 40 years in prison.[29] 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.[30] The court sentenced Echols to death and Baldwin to life in prison.[3]
                    [edit]Appeals and new evidence

                    In May 1994, the three appealed their convictions.[31] The convictions were upheld on direct appeal.[22][32] 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 might provide exoneration for the wrongfully convicted.[33] However, the original trial judge, Judge David Burnett, has disallowed hearing of this information in his court. This ruling was in turn thrown out by the Arkansas Supreme Court.
                    [edit]The Knife of John Mark Byers (1993)
                    John Mark Byers, the adoptive father of victim Christopher Byers, gave a knife to cameraman Doug Cooper,[34] 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.[34][35] 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.[36][37] The knife was not received at the West Memphis Police Department until January 8, 1994.[38]
                    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.[39] 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.[9] 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,[9] and because both John Mark Byers and Chris Byers had the same HLA-DQα genotype.[40]
                    John Mark Byers agreed to, and subsequently passed, a polygraph test during the filming of Paradise Lost 2: Revelations in regards 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 bit 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.
                    [edit]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 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.[9]
                    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.[9] He also had a 1988 conviction for terroristic threats that arose from an incident involving his ex-wife, Sandra Byers.[9] Melissa Byers had contacted Christopher's school a few weeks before the murders, expressing concerns that her son was being sexually abused.[9] A fact not revealed until after the trial was that John Mark Byers had acted as a police informant on several occasions.[9] 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 caused the revocation of his probation.[9]
                    [edit]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.[41] She further asserted that the police had insinuated if she did not cooperate with them they would take away her child.[41] 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.[41] She also claims that an audio tape the police claimed was "unintelligible" (and eventually lost) was perfectly clear and contained no incriminating statements.[41] However, Hutcheson did not testify at the Echols/Baldwin trial.
                    ..
                    US Politics in three words - Divide and Conquer

                    Comment


                    • #11
                      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.[42] 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.[43][44] The prosecutors, while conceding that no DNA evidence ties the accused to the crime scene, has said that, "The State stands behind its convictions of Echols and his codefendants."[45]
                      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][46]
                      On 10 September 2008 Circuit Court Judge David Burnett denied the request for a retrial, citing the DNA tests as inconclusive.[47] That ruling was appealed to the Arkansas Supreme Court, which heard oral arguments in the case on September 30, 2010.
                      [edit]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.[48] 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.[48] If their convictions are reversed, the State is expected to retry them.[48]
                      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.
                      [edit]Current events and 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 three men convicted in the 1993 murders of three West Memphis Cub Scouts.[49] 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.[49]
                      In early December 2010, Circuit Court Judge David Laser was selected to replace David Burnett, who was elected to the state Senate, as judge in the appeal hearings.[50]
                      Echols currently resides in the Varner Unit of the Arkansas Department of Correction.[51]
                      The next hearing in the case is scheduled for August 19, 2011.[52]
                      [edit]Family and law enforcement opinions

                      The families are divided on the belief that the West Memphis Three are guilty. In 2000, the biological father of Christopher Byers, Rick Murray, described his doubts on the West Memphis Three website.[53] 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, adoptive father to Christopher 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 3," said Byers. "From looking at the evidence and the facts that were presented to me, I have no doubt the West Memphis 3 are innocent." Byers is writing a book, and a film biography is being considered for production.[54] Mr. 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.[55]
                      ..
                      US Politics in three words - Divide and Conquer

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                      • #12
                        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.[56] The directors are planning two more sequels.[57]
                        There have been a number of books, including Blood of Innocents by Guy Reel and Devil's Knot by Mara Leveritt, which also argue that the suspects were wrongly convicted.[citation needed] In 2005, Damien Echols completed his memoir, "Almost Home, Vol 1," offering his perspective of the case.[58]
                        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.
                        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 Networks 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.
                        [edit]
                        US Politics in three words - Divide and Conquer

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                        • #13
                          You've got to be a CPA to read all of that!

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                          • #14
                            A wiki link would suffice.
                            An invasion of armies can be resisted, but not an idea whose time has come.

                            -Victor Hugo

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                            • #15
                              Trailer for the first film - you can find it part by part in full on youtube.


                              Part 2 trailer - have to watch it after part 1 - clears up some issues.
                              EDIT - couldn't find trailer, here's the whole thing.










                              US Politics in three words - Divide and Conquer

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